1 | A bill to be entitled |
2 | An act relating to Charlotte County; creating the Babcock |
3 | Ranch Community Independent Special District; providing a |
4 | short title; providing legislative findings and intent; |
5 | providing definitions; stating legislative policy |
6 | regarding creation of the district; establishing |
7 | compliance with minimum requirements in s. 189.404(3), |
8 | F.S., for creation of an independent special district; |
9 | providing for creation and establishment of the district; |
10 | establishing the legal boundaries of the district; |
11 | providing for the jurisdiction and charter of the |
12 | district; providing for a governing board and establishing |
13 | membership criteria and election procedures; providing for |
14 | board members' terms of office; providing for board |
15 | meetings; providing for administrative duties of the |
16 | board; providing a method for transition of the board from |
17 | landowner control to control by the resident electors of |
18 | the district; providing for a district manager and |
19 | district personnel; providing for a district treasurer, |
20 | selection of a public depository, and district budgets and |
21 | financial reports; providing for the general powers of the |
22 | district; providing for the special powers of the district |
23 | to plan, finance, and provide community infrastructure and |
24 | services within the district; providing for required |
25 | notices to purchasers of residential units within the |
26 | district; providing severability; providing for a |
27 | referendum; providing an effective date. |
28 |
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29 | Be It Enacted by the Legislature of the State of Florida: |
30 |
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31 | Section 1. This act may be cited as the "Babcock Ranch |
32 | Community Independent Special District Act." |
33 | Section 2. Legislative findings and intent; definitions; |
34 | policy.-- |
35 | (1) LEGISLATIVE FINDINGS AND INTENT.-- |
36 | (a) The unincorporated area of southeastern Charlotte |
37 | County, including the Babcock Ranch lands, are unique and |
38 | special with a need towards protecting natural resources and |
39 | retaining a viable agricultural system while protecting private |
40 | property rights and promoting a sound economy. |
41 | (b) The Board of Trustees of the Internal Improvement |
42 | Trust Fund and the Florida Fish and Wildlife Conservation |
43 | Commission have purchased approximately 73,500 acres of the |
44 | approximately 91,000-acre Babcock Ranch for the perpetual |
45 | preservation of such lands and for establishing a contiguous |
46 | wildlife protection area from Lake Okeechobee to the Charlotte |
47 | Harbor Estuary Project. |
48 | (c) The Department of Community Affairs, Charlotte County, |
49 | and the then contract purchaser of the Babcock Ranch have |
50 | entered into an Interlocal Planning Agreement for the Babcock |
51 | Ranch, dated January 24, 2006, which outlines the steps |
52 | necessary to achieve the sale and preservation of approximately |
53 | 73,500 acres of the entire Babcock Ranch and development of the |
54 | remaining approximately 17,800 acres (the "Babcock Ranch |
55 | Community") with a new, sustainable, compact, and mixed-use |
56 | community that will provide residents with a balance of living, |
57 | working, educational, civic, and recreational opportunities |
58 | incorporating greenways, pedestrian ways, and transit corridors. |
59 | (d) The district and the district charter, as created by |
60 | this act, with its general and special powers are essential and, |
61 | for the reasons set forth herein, the best alternative for |
62 | planning, constructing, maintaining, operating, financing, and |
63 | improving the provision of systems, facilities, and services |
64 | necessary to meet the infrastructure needs of the Babcock Ranch |
65 | Community. |
66 | (e) There is a particular need to implement a specialized |
67 | and limited single-purpose independent special district unit of |
68 | local government in connection with the development of the |
69 | Babcock Ranch Community, in order to prevent urban sprawl by |
70 | providing sustaining and freestanding infrastructure and to |
71 | prevent the needless duplication, fragmentation, and |
72 | proliferation of local government services. |
73 | (f) Management of conservation, environmental, |
74 | agricultural, and economic challenges and opportunities in the |
75 | Babcock Ranch area transcends the boundaries and |
76 | responsibilities of both private landowners and individual units |
77 | of government. |
78 | (g) There are two alternatives for the creation of |
79 | independent special districts for properties of this size: the |
80 | establishment by rule of the Governor and Cabinet of one or more |
81 | uniform community development districts over the property; and |
82 | the establishment by special act of the Legislature of a single |
83 | independent special district meeting the minimum requirements of |
84 | chapter 189, Florida Statutes, the applicable district |
85 | accountability general law. Use of this special act, created |
86 | under chapter 189, Florida Statutes, is the better of the two |
87 | alternatives in this case because it will allow for use of a |
88 | single special district, with longer involvement and |
89 | responsibility on the part of the initial landowner, which will |
90 | result in better intergovernmental coordination and lower |
91 | administrative costs for Charlotte County and the district, |
92 | including its landowners and residents. Additionally, use of |
93 | this special act will provide the flexibility to include within |
94 | the district, at a later date, contiguous Babcock Ranch lands |
95 | within Lee County, whereas chapter 190, Florida Statutes, would |
96 | prevent a single uniform community development district from |
97 | crossing county lines. Additionally, use of this special act |
98 | updates the charter of a uniform community development district |
99 | under chapter 190, Florida Statutes, eliminates potential for |
100 | its abuse, clarifies and sets forth certain uniform procedures |
101 | for liens on property, and makes other substantial reforms to |
102 | the benefit of the people of Charlotte County and future |
103 | landowners, residents, and visitors. |
104 | (h) A longer involvement of the initial landowner with |
105 | regard to the provision of systems, facilities, and services for |
106 | the Babcock Ranch Community, coupled with a severely limited and |
107 | highly specialized single purpose of the district, is in the |
108 | public interest. |
109 | (i) Any public or private system to provide infrastructure |
110 | improvements, systems, facilities, and services to the Babcock |
111 | Ranch Community must be established through a highly |
112 | specialized, innovative, responsive, and accountable mechanism |
113 | to provide the components of infrastructure at sustained levels |
114 | of high quality over the long term. |
115 | (j) The existence and use of such a limited, specialized |
116 | single-purpose local government for the Babcock Ranch Community, |
117 | subject to the Charlotte County comprehensive plan and land |
118 | development regulations, will result in a higher propensity to |
119 | provide for orderly development and prevent urban sprawl; |
120 | protect and preserve environmental and conservation uses and |
121 | assets; potentially enhance the market value for both present |
122 | and future landowners of the property consistent with the need |
123 | to protect private property; potentially enhance the net |
124 | economic benefit to Charlotte County, including an enhanced tax |
125 | base to the benefit of all present and future taxpayers in |
126 | Charlotte County; and result in the sharing of costs of |
127 | providing certain systems, facilities, and services in an |
128 | innovative, sequential, and flexible manner within the area to |
129 | be serviced by the district. |
130 | (k) The creation and establishment of the district will |
131 | encourage local government financial self-sufficiency in |
132 | providing public facilities and in identifying and implementing |
133 | fiscally sound, innovative, and cost-effective techniques to |
134 | provide and finance public facilities while encouraging |
135 | development, use, and coordination of capital improvement plans |
136 | by all levels of government, pursuant to chapter 187, Florida |
137 | Statutes. |
138 | (l) The creation and establishment of the district will |
139 | encourage and enhance cooperation among communities that have |
140 | unique assets, irrespective of political boundaries, to bring |
141 | the private and public sectors together to establish an orderly |
142 | and environmentally and economically sound plan for current and |
143 | future needs and growth. |
144 | (m) The creation and establishment of the district is a |
145 | legitimate alternative method available to manage, own, operate, |
146 | construct, and finance capital infrastructure systems, |
147 | facilities, and services. |
148 | (n) In order to be responsive to the critical timing |
149 | required through the exercise of its special management |
150 | functions, an independent district requires financing of those |
151 | functions, including bondable, lienable, and nonlienable |
152 | revenue, with full and continuing public disclosure and |
153 | accountability, funded by landowners, both present and future, |
154 | and funded also by users of the systems, facilities, and |
155 | services provided to the land area by the district, without |
156 | burdening the taxpayers and citizens of the state, Charlotte |
157 | County, or any municipality therein. |
158 | (o) The district created and established by this act shall |
159 | not exercise or have any comprehensive planning, zoning, or |
160 | development permitting power; the establishment of the district |
161 | shall not be considered a development order within the meaning |
162 | of chapter 380, Florida Statutes; and all applicable planning |
163 | and permitting laws, rules, regulations, agreements, and |
164 | policies of Charlotte County shall control the development of |
165 | the land within the district. |
166 | (p) The creation by this act of the Babcock Ranch |
167 | Community Independent Special District is not inconsistent with |
168 | the Charlotte County comprehensive plan. |
169 | (q) Charlotte County does not object to the creation of |
170 | the district. |
171 | (r) It is the legislative intent and purpose that no debt |
172 | or obligation of the district constitute a debt or obligation on |
173 | any local general-purpose government without its consent. |
174 | (s) It is the legislative intent and purpose that no local |
175 | general-purpose government shall be under any obligation or duty |
176 | to assume any obligation or commitment made by the developer or |
177 | the district. |
178 | (2) DEFINITIONS.--As used in this act: |
179 | (a) "Ad valorem bonds" means bonds that are payable from |
180 | the proceeds of ad valorem taxes levied on real and tangible |
181 | personal property and that are generally referred to as general |
182 | obligation bonds. |
183 | (b) "Assessable improvements" means, without limitation, |
184 | any and all public improvements and community facilities that |
185 | the district is empowered to provide in accordance with this act |
186 | that provide a special benefit to property within the district. |
187 | (c) "Assessment bonds" means special obligations of the |
188 | district that are payable solely from proceeds of the special |
189 | assessments or benefit special assessments levied for assessable |
190 | improvements, provided that, in lieu of issuing assessment bonds |
191 | to fund the costs of assessable improvements, the district may |
192 | issue revenue bonds for such purposes payable from special |
193 | assessments. |
194 | (d) "Assessments" means those nonmillage district |
195 | assessments that include special assessments, benefit special |
196 | assessments, and maintenance special assessments and a |
197 | nonmillage, non-ad valorem maintenance tax if authorized by |
198 | general law. |
199 | (e) "Babcock Ranch" means the approximately 91,000 acres |
200 | of contiguous lands generally located in southeastern Charlotte |
201 | County and in the northeastern portion of Lee County, the |
202 | majority of which, approximately 73,500 acres, has been |
203 | purchased pursuant to that certain Agreement for Sale and |
204 | Purchase entered into by the Board of Trustees of the Internal |
205 | Improvement Trust Fund, the Florida Fish and Wildlife |
206 | Conservation Commission, and Lee County, as authorized pursuant |
207 | to the Babcock Ranch Preserve Act, chapter 2006-231, Laws of |
208 | Florida, and the remainder of which, approximately 17,800 acres, |
209 | known as "Area 6," is to be developed as the Babcock Ranch |
210 | Community. |
211 | (f) "Babcock Ranch Community" means that portion of the |
212 | Babcock Ranch to be developed with a new, sustainable, compact, |
213 | mixed-use community pursuant to that certain Interlocal Planning |
214 | Agreement for the Babcock Ranch, dated January 24, 2006, among |
215 | the Florida Department of Community Affairs, Lee and Charlotte |
216 | Counties, and the then contract purchaser of the Babcock Ranch, |
217 | and pursuant to development approvals issued or to be issued by |
218 | Lee County and Charlotte County, consisting of approximately |
219 | 17,800 acres. The subject of this act is that portion of the |
220 | Babcock Ranch Community located in Charlotte County, consisting |
221 | of approximately 13,631 acres, as described in section 4. |
222 | (g) "Babcock Ranch Community Independent Special District" |
223 | means the unit of special and single-purpose local government |
224 | created and chartered by this act, including the creation of its |
225 | charter, and limited to the performance, in implementing its |
226 | single purpose, of those general and special powers authorized |
227 | by its charter under this act, the boundaries of which are more |
228 | specifically set forth in this act, the governing head of which |
229 | is created and authorized to operate with legal existence by |
230 | this act, and the purpose of which is as set forth in this act. |
231 | (h) "Benefit special assessments" are district assessments |
232 | imposed, levied, and collected pursuant to the provisions of |
233 | section 6(12)(b). |
234 | (i) "Bond" includes "certificate," and the provisions that |
235 | are applicable to bonds are equally applicable to certificates. |
236 | The term "bond" includes any general obligation bond, assessment |
237 | bond, refunding bond, revenue bond, and other such obligation in |
238 | the nature of a bond as provided for in this act. |
239 | (j) "Cost" or "costs," when used with reference to any |
240 | project, includes, but is not limited to: |
241 | 1. The expenses of determining the feasibility or |
242 | practicability of acquisition, construction, or reconstruction. |
243 | 2. The cost of surveys, estimates, plans, and |
244 | specifications. |
245 | 3. The cost of improvements. |
246 | 4. Planning, engineering, designing, fiscal, legal, and |
247 | other professional and consultant expenses and charges. |
248 | 5. The cost of all labor, materials, machinery, and |
249 | equipment. |
250 | 6. The cost of all lands, properties, rights, easements, |
251 | and 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 |
256 | on money borrowed prior to and during construction and |
257 | acquisition and for such reasonable period of time after |
258 | completion of construction or acquisition as the board may |
259 | determine. |
260 | 11. The cost of issuance of bonds pursuant to this act, |
261 | including advertisements and printing. |
262 | 12. The cost of any bond or tax referendum held pursuant |
263 | to this act and all other expenses of issuance of bonds. |
264 | 13. The discount, if any, on the sale or exchange of |
265 | bonds. |
266 | 14. Administrative expenses. |
267 | 15. The costs and expenses associated with the use, |
268 | operation, maintenance, and repair of improvements. |
269 | 16. Such other expenses as may be necessary or incidental |
270 | to the acquisition, disposition, transfer, construction, |
271 | operation, maintenance, or reconstruction of any project or to |
272 | the financing thereof, or to the development of any lands within |
273 | the district. |
274 | 17. Payments, contributions, dedications, and any other |
275 | exactions required as a condition of receiving any governmental |
276 | approval or permit necessary to accomplish any district purpose. |
277 | (k) "District" means the Babcock Ranch Community |
278 | Independent Special District. |
279 | (l) "District manager" means the manager of the district. |
280 | (m) "General obligation bonds" means bonds that are |
281 | secured by, or provide for their payment by, the pledge of the |
282 | full faith and credit and taxing power of the district, in |
283 | addition to those special taxes levied for their discharge and |
284 | such other sources as may be provided for their payment or |
285 | pledged as security under the resolution authorizing their |
286 | issuance, and for payment of which recourse may be had against |
287 | the general fund of the district. |
288 | (n) "Governing board" or "board" means the governing board |
289 | of the district or, if such board has been abolished, the board, |
290 | body, or commission assuming the principal functions thereof or |
291 | to whom the powers given to the board by this act have been |
292 | given by law. |
293 | (o) "Governing board member" means any member of the |
294 | governing board. |
295 | (p) "Land development regulations" means those regulations |
296 | of general purpose local government, adopted under the Local |
297 | Government Comprehensive Planning and Land Development |
298 | Regulation Act, part II of chapter 163, Florida Statutes, to |
299 | which the district is subject and as to which the district may |
300 | not do anything that is inconsistent. Land development |
301 | regulations shall not mean specific management, engineering, |
302 | planning, operating, and other criteria and standards needed in |
303 | the daily management, implementation, and provision by the |
304 | district of systems, facilities, services, works, improvements, |
305 | projects, or infrastructure, including design criteria and |
306 | standards, so long as they remain subject to and are not |
307 | inconsistent with the applicable land development regulations. |
308 | (q) "Landowner" means the owner of a freehold estate as it |
309 | appears on the deed record, including a trustee, a private |
310 | corporation, and an owner of a condominium unit. "Landowner" |
311 | does not include a reversioner, remainderman, mortgagee, or any |
312 | governmental entity, who shall not be counted and need not be |
313 | notified of proceedings under this act. "Landowner" also means |
314 | the owner of a ground lease from a governmental entity, which |
315 | leasehold interest has a remaining term, excluding all renewal |
316 | options, in excess of 50 years. |
317 | (r) "General-purpose local government" means a county, |
318 | municipality, or consolidated city-county government. |
319 | (s) "Maintenance special assessments" are assessments |
320 | imposed, levied, and collected pursuant to the provisions of |
321 | section 6(12)(d). |
322 | (t) "Non-ad valorem assessment" means only those |
323 | assessments that are not based upon millage and that can become |
324 | a lien against a homestead as permitted in s. 4, Art. X of the |
325 | State Constitution. |
326 | (u) "Powers" mean1s powers used and exercised by the |
327 | governing board to accomplish the single, limited, and special |
328 | purpose of the district, including: |
329 | 1. "General powers," those organizational and |
330 | administrative powers of the district as provided in its charter |
331 | in order to carry out its single special purpose as a local |
332 | government public corporate body politic. |
333 | 2. "Special powers," those powers enumerated by the |
334 | district charter to implement its specialized systems, |
335 | facilities, services, projects, improvements, and infrastructure |
336 | and related functions in order to carry out its single |
337 | specialized purpose. |
338 | 3. Any other powers, authority, or functions set forth in |
339 | this act or in chapter 189 or chapter 190, Florida Statutes. |
340 | (v) "Project" means any development, improvement, |
341 | property, power, utility, facility, enterprise, service, system, |
342 | works, or infrastructure now existing or hereafter undertaken or |
343 | established under the provisions of this act. |
344 | (w) "Qualified elector" means any person at least 18 years |
345 | of age or older, who is a citizen of the United States, a legal |
346 | resident of the state and the district, and who registers to |
347 | vote with the Supervisor of Elections in Charlotte County. |
348 | (x) "Refunding bonds" means bonds issued to refinance |
349 | outstanding bonds of any type and the interest and redemption |
350 | premium thereon. Refunding bonds shall be issuable and payable |
351 | in the same manner as refinanced bonds, except that no approval |
352 | by the electorate shall be required unless required by the State |
353 | Constitution. |
354 | (y) "Revenue bonds" means obligations of the district that |
355 | are payable from revenues, including, but not limited to, |
356 | special assessments and benefit special assessments, derived |
357 | from sources other than ad valorem taxes on real or tangible |
358 | personal property, and that do not pledge the property, credit, |
359 | or general tax revenue of the district. |
360 | (z) "Sewer system" means any plant, system of pipes or |
361 | lines, facility, or property and additions, extensions, and |
362 | improvements thereto at any future time constructed or acquired |
363 | as part thereof, useful or necessary or having the present |
364 | capacity for future use in connection with the collection, |
365 | treatment, purification, or disposal of sewage, including, but |
366 | not limited to, industrial wastes resulting from any process of |
367 | industry, manufacture, trade, or business or from the |
368 | development of any natural resource. "Sewer system" also |
369 | includes treatment plants, pumping stations, lift stations, |
370 | valves, force mains, intercepting sewers, laterals, pressure |
371 | lines, mains, and all necessary appurtenances and equipment; all |
372 | sewer mains, laterals, and other devices for the reception and |
373 | collection of sewage from premises connected therewith; and all |
374 | real and personal property and any interest therein, and rights, |
375 | easements, and franchises of any nature relating to any such |
376 | system and necessary or convenient for operation thereof. |
377 | (aa) "Special assessments" means assessments as imposed, |
378 | levied, and collected by the district for the costs of |
379 | assessable improvements pursuant to the provisions of this act, |
380 | chapter 170, Florida Statutes, and the additional authority |
381 | under section 197.3631, Florida Statutes, or other provisions of |
382 | general law that provide or authorize a supplemental means to |
383 | impose, levy, or collect special assessments. |
384 | (bb) "Tax" or "taxes" means those levies and impositions |
385 | of the governing board that support and pay for government and |
386 | the administration of law and that may be: |
387 | 1. Ad valorem or property taxes based upon both the |
388 | appraised value of property and millage, at a rate uniform |
389 | within the jurisdiction; or |
390 | 2. If and when authorized by general law, non-ad valorem |
391 | maintenance taxes not based on millage that are used to maintain |
392 | district systems, facilities, and services. |
393 | (cc) "Water system" means any plant, system of pipes or |
394 | lines, facility, or property, and any addition, extension, or |
395 | improvement thereto at any future time constructed or acquired |
396 | as a part thereof, useful, necessary, or having the present |
397 | capacity for future use in connection with the development of |
398 | sources, treatment, purification, or distribution of water. |
399 | "Water system" also includes lakes, canals, ditches, reservoirs, |
400 | dams, impoundments, storage tanks, mains, lines, valves, pumping |
401 | stations, laterals, and pipes for the purpose of carrying water |
402 | to the premises connected with such system, and all rights, |
403 | easements, and franchises of any nature relating to any such |
404 | system and necessary or convenient for the operation thereof. |
405 | (3) POLICY.--Based upon its findings, ascertainments, |
406 | determinations, intent, purpose, and definitions, the |
407 | Legislature states its policy expressly: |
408 | (a) The district and the district charter, with its |
409 | general and special powers, as created in this act, are |
410 | essential and the best alternative for the residential, |
411 | commercial, and other community uses, projects, or functions in |
412 | the included portion of Charlotte County consistent with the |
413 | effective comprehensive plans and serve a lawful public purpose. |
414 | (b) The district, which is a government of special |
415 | purpose, is limited to its special purpose as expressed in this |
416 | act, with the power to provide, plan, implement, construct, |
417 | maintain, and finance as a government of special purpose for its |
418 | systems, facilities, services, improvements, infrastructure, and |
419 | projects and possessing financing powers to fund its management |
420 | powers over the long term and with sustained levels of high |
421 | quality. |
422 | (c) The creation of the Babcock Ranch Community |
423 | Independent Special District by and pursuant to this act, and |
424 | its exercise of its management and related financing powers to |
425 | implement its limited, single, and special purpose, does not |
426 | constitute a development order and does not invoke any provision |
427 | within the meaning of chapter 380, Florida Statutes, and all |
428 | applicable governmental planning, environmental, and land |
429 | development laws, regulations, rules, policies, and ordinances |
430 | apply to all development of the land within the jurisdiction of |
431 | the district as created by this act. |
432 | (d) The district shall operate and function subject to, |
433 | and not inconsistent with, the Charlotte County comprehensive |
434 | plan and any applicable development orders, zoning regulations, |
435 | and other land development regulations. |
436 | (e) The special and single purpose Babcock Ranch Community |
437 | Independent Special District will not have the powers of a |
438 | general-purpose local government to adopt a comprehensive plan |
439 | or related land development regulations as those terms are |
440 | defined in the Local Government Comprehensive Planning and Land |
441 | Development Regulation Act, part II of chapter 163, Florida |
442 | Statutes. |
443 | (f) This act may be amended, in whole or in part, only by |
444 | subsequent special act of the Legislature. No amendment to this |
445 | act that alters the district boundaries or the general or |
446 | special powers of the district may be considered by the |
447 | Legislature unless it is accompanied by a resolution or official |
448 | statement as provided for in section 189.404(2)(e)4., Florida |
449 | Statutes. |
450 | Section 3. Creation and establishment; jurisdiction; |
451 | construction; charter with legal description.-- |
452 | (1) The Babcock Ranch Community Independent Special |
453 | District, which also may be referred to as the "district," is |
454 | created and incorporated as a public body corporate and politic, |
455 | an independent, limited, special purpose local government, an |
456 | independent special district under section 189.404, Florida |
457 | Statutes, and as defined in this act and section 189.403(3), |
458 | Florida Statutes, in and for a certain portion of Charlotte |
459 | County. Any amendments to chapter 190, Florida Statutes, after |
460 | January 1, 2007, granting additional general powers, special |
461 | powers, authorities, or projects to a community development |
462 | district by amendment to its uniform charter, sections 190.006- |
463 | 190.041, Florida Statutes, shall constitute a general power, |
464 | special power, authority, or function of the Babcock Ranch |
465 | Community Independent Special District. All notices for the |
466 | enactment by the Legislature of this special act have been |
467 | provided pursuant to the State Constitution, laws of the state, |
468 | and the Rules of the Florida House of Representatives and of the |
469 | Florida Senate. |
470 | (2) The territorial boundary of the district shall embrace |
471 | and include all of that certain real property as described in |
472 | section 4. |
473 | (3) The jurisdiction of this district, in the exercise of |
474 | its general and special powers, and in the carrying out of its |
475 | special purposes, is both within the external boundaries of the |
476 | legal description of this district and extraterritorially only |
477 | when expressly authorized by this act or by applicable general |
478 | law. This special purpose district is created as a public body |
479 | corporate and politic, with local government authority and power |
480 | limited by its charter, this act, and subject to the provisions |
481 | of other general laws, in particular chapter 189, Florida |
482 | Statutes, except that in the event that a conflict arises |
483 | between the provisions of applicable general laws and this act, |
484 | the provisions of this act will control, and the district has |
485 | jurisdiction to perform such acts and exercise such authorities, |
486 | functions, and powers as shall be necessary, convenient, |
487 | incidental, proper, or reasonable for the implementation of its |
488 | limited, single, and specialized purpose regarding the sound |
489 | planning, provision, acquisition, development, operation, |
490 | maintenance, and related financing of those public systems, |
491 | facilities, services, improvements, projects, and infrastructure |
492 | works as authorized herein, including those necessary and |
493 | incidental thereto. |
494 | (4) The exclusive charter of the "Babcock Ranch Community |
495 | Independent Special District" is this act, which may be amended, |
496 | terminated, or repealed only by special act of the Legislature. |
497 | Section 4. Legal description of the Babcock Ranch |
498 | Community Independent Special District.-- |
499 |
|
500 | LEGAL DESCRIPTION. The metes and bounds legal |
501 | description of the district, within which there are no |
502 | parcels of property owned by those who do not wish |
503 | their property to be included within the district, is |
504 | as follows: |
505 |
|
506 | CHARLOTTE COUNTY PARCEL: |
507 |
|
508 | A parcel of land lying within Sections 29, 31 through |
509 | 33, Township 41 South, Range 26 East, AND, Sections 4 |
510 | through 10, Sections 15 through 17 and Sections 19 |
511 | through 36, Township 42 South, Range 26 East, |
512 | Charlotte County, Florida, being more particularly |
513 | described as follows: |
514 |
|
515 | Commence at the Southwest corner of Section 31, |
516 | Township 42 South, Range 26 East and run S89°41'45"E, |
517 | S89°41'45"E, along the South line of said Section |
518 | 31, a distance of 50.00 feet to a point on the East |
519 | right-of-way line of State Road No. 31, said point |
520 | also being the Point of Beginning of the parcel of |
521 | land herein described; Thence continue S89°41'45"E a |
522 | distance of 5,189.75 feet to the Northeast corner of |
523 | Section 6, Township 43 South, Range 26 East; Thence |
524 | S89°41'45"E a distance of 5,306.08 feet to the |
525 | Northeast corner of Section 5, Township 43 South, |
526 | Range 26 East; Thence S89°37'16"E a distance of |
527 | 5,289.11 feet to the Northeast corner of Section 4, |
528 | Township 43 South, Range 26 East; Thence S89°35'44"E a |
529 | S89°35'44"E a distance of 5,294.60 feet to the |
530 | Northeast corner of Section 3, Township 43 South, |
531 | Range 26 East; Thence S89°35'44"E a distance of |
532 | 5,294.60 feet to the Northeast corner of Section 2, |
533 | Township 43 South, Range 26 East; Thence S89°35'44"E, |
534 | S89°35'44"E, along the North line of Section 1, |
535 | Township 43 South, Range 26 East, a distance of |
536 | 3,430.66 feet; Thence N00°00'40"W a distance of |
537 | 10,185.53 feet; Thence N05°46'23"E a distance of |
538 | 1,058.56 feet; Thence N66°40'38"W a distance of 200.62 |
539 | feet; Thence S83°12'47"W a distance of 1,373.33 feet; |
540 | Thence N30°17'33"W a distance of 1,686.63 feet; Thence |
541 | N70°02'41"W a distance of 1,332.41 feet; Thence |
542 | S72°42'44"W a distance of 1,430.81 feet; Thence |
543 | N49°18'31"W a distance of 2,362.25 feet; Thence |
544 | S69°00'57"W a distance of 1,518.19 feet; Thence |
545 | S21°08'17"W a distance of 865.44 feet; Thence |
546 | S20°29'11"E a distance of 1,376.91 feet; Thence |
547 | N74°38'25"E a distance of 1,635.69 feet; Thence |
548 | S00°18'50"E a distance of 1,309.92 feet; Thence |
549 | S89°45'02"W a distance of 4,154.48 feet; Thence |
550 | N51°39'36"W a distance of 782.53 feet; Thence |
551 | N04°14'12"E a distance of 1,329.59 feet; Thence |
552 | N39°20'59"W a distance of 1,779.16 feet; Thence |
553 | N42°01'35"W a distance of 1,162.94 feet; Thence |
554 | S52°01'16"W a distance of 818.34 feet; Thence |
555 | S62°56'46"W a distance of 516.42 feet; Thence |
556 | S89°59'33"W a distance of 307.20 feet; Thence |
557 | N80°06'18"W a distance of 334.84 feet; Thence |
558 | N20°54'51"W a distance of 336.86 feet; Thence |
559 | N05°03'05"E a distance of 533.35 feet; Thence |
560 | N22°47'49"E a distance of 5,490.82 feet; Thence |
561 | N55°42'26"E a distance of 195.73 feet; Thence |
562 | N21°59'06"W a distance of 1,739.17 feet; Thence |
563 | N52°37'55"E a distance of 867.75 feet; Thence |
564 | N13°36'57"W a distance of 2,507.33 feet; Thence |
565 | S78°50'16"W a distance of 687.95 feet; Thence |
566 | N19°48'25"W a distance of 366.25 feet; Thence |
567 | N08°01'21"W a distance of 493.32 feet; Thence |
568 | N03°43'40"E a distance of 687.22 feet; Thence |
569 | N00°28'20"E a distance of 674.51 feet; Thence |
570 | N25°12'33"W a distance of 261.13 feet; Thence |
571 | N42°54'55"W a distance of 643.19 feet; Thence |
572 | N07°19'37"W a distance of 171.40 feet; Thence |
573 | N13°05'30"E a distance of 201.96 feet; Thence |
574 | N32°40'01"W a distance of 186.12 feet; Thence |
575 | N05°04'15"W a distance of 1,832.77 feet; Thence |
576 | N19°47'08"W a distance of 527.20 feet; Thence |
577 | N26°13'22"W a distance of 802.13 feet; Thence |
578 | S79°06'55"W a distance of 475.20 feet; Thence |
579 | N74°19'19"W a distance of 1,689.05 feet; Thence |
580 | N01°26'06"W a distance of 897.42 feet; Thence |
581 | N89°51'42"W a distance of 67.91 feet; Thence |
582 | N00°00'03"W a distance of 1,218.37 feet; Thence |
583 | N39°50'11"W a distance of 190.86 feet; Thence |
584 | N00°00'29"W a distance of 324.62 feet; Thence |
585 | N89°59'52"W a distance of 688.20 feet; Thence |
586 | N00°00'00"E a distance of 1,967.22 feet; Thence |
587 | N41°13'25"W a distance of 2,825.17 feet; Thence |
588 | S89°59'57"W a distance of 3,566.80 feet; Thence |
589 | S00°00'03"E a distance of 2,799.34 feet; Thence |
590 | S89°11'17"W a distance of 5,960.98 feet to a point |
591 | lying 50.00 feet East of the East right-of-way line |
592 | for State Road No. 31; Thence along a line 50.00 feet |
593 | East of, and parallel with, the East right-of-way line |
594 | for State Road No. 31, the following courses and |
595 | distances: S00°48'43"E a distance of 2,976.13 feet and |
596 | S00°34'01"W a distance of 786.25 feet; Thence |
597 | S89°25'59"E a distance of 4,104.32 feet; Thence |
598 | S00°01'22"E a distance of 2,084.04 feet; Thence |
599 | S16°46'15"E a distance of 1,740.24 feet; Thence |
600 | S09°11'59"W a distance of 1,325.85 feet; Thence |
601 | S73°15'18"E a distance of 661.15 feet; Thence |
602 | N59°20'29"E a distance of 577.75 feet; Thence |
603 | S38°10'48"E a distance of 551.46 feet; Thence |
604 | S86°25'58"E a distance of 385.80 feet; Thence |
605 | S24°01'11"E a distance of 975.12 feet; Thence |
606 | S57°46'34"E a distance of 530.20 feet; Thence |
607 | S70°04'12"E a distance of 1,843.47 feet; Thence |
608 | N63°01'21"E a distance of 1,214.99 feet; Thence |
609 | S50°03'22"E a distance of 2,565.56 feet; Thence |
610 | S13°56'09"W a distance of 1,953.90 feet; Thence |
611 | S12°51'59"E a distance of 1,862.33 feet; Thence |
612 | S71°59'01"W a distance of 448.53 feet; Thence |
613 | N45°00'57"W a distance of 266.60 feet; Thence |
614 | S69°50'23"W a distance of 1,104.27 feet; Thence |
615 | S28°10'55"E a distance of 1,272.60 feet; Thence |
616 | S62°45'03"W a distance of 4,638.30 feet; Thence |
617 | S82°12'01"W a distance of 711.48 feet; Thence |
618 | S81°38'00"W a distance of 5,167.82 feet; Thence |
619 | N77°54'41"W a distance of 707.32 feet; Thence |
620 | N89°28'15"W a distance of 299.98 feet to a point lying |
621 | 50.00 feet East of the East right-of-way line for |
622 | State Road No. 31; Thence along a line 50.00 feet East |
623 | of, and parallel with, the East right-of-way line for |
624 | State Road No. 31, the following courses and |
625 | distances: S00°31'45"W a distance of 4,197.71 feet, |
626 | S00°26'10"W a distance of 5,282.33 feet and |
627 | S00°36'46"W a distance of 5,337.00 feet to the Point |
628 | of Beginning. |
629 |
|
630 | Containing 13,630.64 acres, more or less. |
631 |
|
632 | Bearings hereinabove mentioned are based on the North |
633 | line of Section 6, Township 43 South, Range 26 East to |
634 | bear S89°41'45"E. |
635 |
|
636 | Section 5. Governing board; members and meetings; |
637 | organization; powers; duties; terms of office; related election |
638 | requirements.-- |
639 | (1) The board shall exercise the powers granted to the |
640 | district pursuant to this act. The board shall consist of five |
641 | voting members. Each voting member shall hold office for a term |
642 | of 4 years, except as otherwise provided herein for initial |
643 | board members, and until a successor is chosen and qualified. |
644 | Additionally, Charlotte and Lee Counties, acting through their |
645 | respective boards of county commissioners, are each entitled, |
646 | but under no obligation, to appoint one person to act as a |
647 | representative for the appointing county and liaison to the |
648 | board. Such person may be appointed to serve as liaison to the |
649 | board at any time after the initial landowner's meeting and may |
650 | serve until replaced or removed by the appointing county. Only |
651 | Charlotte and Lee Counties may appoint liaisons to the board, |
652 | and only landowners and qualified electors may elect voting |
653 | members to the board. All members of the board must be residents |
654 | of the state and citizens of the United States. A board liaison |
655 | is entitled to receive all meeting notices and board meeting |
656 | materials in the same manner as a voting member of the board and |
657 | shall be entitled to be heard at board meetings in the same |
658 | manner as board members, except that such person shall not be a |
659 | member of the governing board nor be entitled to vote. |
660 | (2)(a) Within 90 days following the effective date of this |
661 | act, there shall be held a meeting of the landowners of the |
662 | district for the purpose of electing five members for the |
663 | district. Notice of the landowners' meeting shall be published |
664 | once a week for 2 consecutive weeks in a newspaper that is in |
665 | general circulation in the area of the district, the last day of |
666 | such publication to be not less than 14 days or more than 28 |
667 | days before the date of the election. The landowners, when |
668 | assembled at such meeting, shall organize by electing a chair, |
669 | who shall conduct the meeting. The chair may be any person |
670 | present at the meeting. If the chair is a landowner or proxy |
671 | holder of a landowner, he or she may nominate candidates and |
672 | make and second motions. The landowners present at the meeting, |
673 | in person or by proxy, shall constitute a quorum. At any |
674 | landowners' meeting, 50 percent of the district acreage shall |
675 | not be required to constitute a quorum, and each governing board |
676 | member elected by landowners shall be elected by a majority of |
677 | the acreage represented either by owner or proxy present and |
678 | voting at said meeting. |
679 | (b) At such meeting, each landowner shall be entitled to |
680 | cast one vote per acre of land owned by him or her and located |
681 | within the district for each person to be elected. A landowner |
682 | may vote in person or by proxy in writing. Each proxy must be |
683 | signed by one of the legal owners of the property for which the |
684 | vote is cast and must contain the typed or printed name of the |
685 | individual who signed the proxy; the street address, legal |
686 | description of the property, or tax parcel identification |
687 | number; and the number of authorized votes. If the proxy |
688 | authorizes more than one vote, each property must be listed and |
689 | the number of acres of each property must be included. The |
690 | signature on a proxy need not be notarized. A fraction of an |
691 | acre shall be treated as one acre, entitling the landowner to |
692 | one vote with respect thereto. The two candidates receiving the |
693 | highest number of votes shall be elected for terms expiring |
694 | November 30, 2010, and the three candidates receiving the next |
695 | largest number of votes shall be elected for terms expiring |
696 | November 30, 2008, with the term of office for each successful |
697 | candidate commencing upon election. The members of the first |
698 | board elected by landowners shall serve their respective terms; |
699 | however, the next election of board members shall be held on the |
700 | first Tuesday after the first Monday in November 2008. |
701 | Thereafter, there shall be an election by landowners for the |
702 | district every 2 years on the first Tuesday after the first |
703 | Monday in November, which shall be noticed pursuant to paragraph |
704 | (a). The second and subsequent landowners' election shall be |
705 | announced at a public meeting of the board at least 90 days |
706 | prior to the date of the landowners' meeting and shall also be |
707 | noticed pursuant to paragraph (a). Instructions on how all |
708 | landowners may participate in the election, along with sample |
709 | proxies, shall be provided during the board meeting that |
710 | announces the landowners' meeting. Each member elected in or |
711 | after November 2008 shall serve a 4-year term. |
712 | (3)(a)1. The board may not exercise the ad valorem taxing |
713 | power or general obligation bond power authorized by this act |
714 | until such time as all members of the board, except for |
715 | nonvoting members, are qualified electors who are elected by |
716 | qualified electors of the district. |
717 | 2.a. Regardless of whether the district has proposed to |
718 | levy ad valorem taxes or issue general obligation bonds, board |
719 | members initially elected by landowners shall be elected by |
720 | qualified electors of the district as the district becomes |
721 | populated with qualified electors. The transition shall occur |
722 | such that the composition of the board, after the first general |
723 | election following a trigger of the qualified elector population |
724 | thresholds set forth below, shall be as follows: |
725 | (I) Once 4,600 qualified electors reside within the |
726 | district, one voting board member shall be a person who was |
727 | elected by the qualified electors, and four voting board members |
728 | shall be persons who were elected by the landowners. |
729 | (II) Once 8,900 qualified electors reside within the |
730 | district, two voting board members shall be persons who were |
731 | elected by the qualified electors, and three voting board |
732 | members shall be persons elected by the landowners. |
733 | (III) Once 22,000 qualified electors reside within the |
734 | district, three voting board members shall be persons who were |
735 | elected by the qualified electors and two voting board members |
736 | shall be persons who were elected by the landowners. |
737 | (IV) Once 24,000 qualified electors reside within the |
738 | district, four voting board members shall be persons who were |
739 | elected by the qualified electors and one voting board member |
740 | shall be a person who was elected by the landowners. |
741 | (V) Once 25,000 qualified electors reside within the |
742 | district, all five voting board members shall be persons who |
743 | were elected by the qualified electors. |
744 |
|
745 | Nothing in this sub-subparagraph is intended to require an |
746 | election prior to the expiration of an existing board member's |
747 | term. |
748 | b. On or before June 1 of each year, the board shall |
749 | determine the number of qualified electors in the district as of |
750 | the immediately preceding April 15. The board shall use and rely |
751 | upon the official records maintained by the supervisor of |
752 | elections and property appraiser or tax collector in and for |
753 | Charlotte County in making this determination. Such |
754 | determination shall be made at a properly noticed meeting of the |
755 | board and shall become a part of the official minutes of the |
756 | district. |
757 | c. All governing board members elected by qualified |
758 | electors shall be elected at large at an election occurring as |
759 | provided in subsection (2) and this subsection. |
760 | d. Once the district qualifies to have any of its board |
761 | members elected by the qualified electors of the district, the |
762 | initial and all subsequent elections by the qualified electors |
763 | of the district shall be held at the general election in |
764 | November. The board shall adopt a resolution if necessary to |
765 | implement this requirement. The transition process described |
766 | herein is intended to be in lieu of the process set forth in |
767 | section 189.4051, Florida Statutes. |
768 | (b) Elections of board members by qualified electors held |
769 | pursuant to this subsection shall be nonpartisan and shall be |
770 | conducted in the manner prescribed by law for holding general |
771 | elections. Board members shall assume the office on the second |
772 | Tuesday after their election. |
773 | (c) Candidates seeking election to office by qualified |
774 | electors under this subsection shall conduct their campaigns in |
775 | accordance with the provisions of chapter 106, Florida Statutes, |
776 | and shall file qualifying papers and qualify for individual |
777 | seats in accordance with section 99.061, Florida Statutes. |
778 | Candidates shall pay a qualifying fee, which shall consist of a |
779 | filing fee and, if applicable, an election assessment or, as an |
780 | alternative, shall file a petition signed by not less than 1 |
781 | percent of the registered voters of the district, and take the |
782 | oath required in section 99.021, Florida Statutes, with the |
783 | supervisor of elections in the county affected by such |
784 | candidacy. The amount of the filing fee is 3 percent of $4,8000; |
785 | however, if the electors have provided for compensation, the |
786 | amount of the filing fee is 3 percent of the maximum annual |
787 | compensation so provided. The filing fee and election |
788 | assessment, if applicable, shall be distributed as provided in |
789 | section 105.031(3), Florida Statutes. |
790 | (d) The supervisor of elections shall appoint the |
791 | inspectors and clerks of elections, prepare and furnish the |
792 | ballots, designate polling places, and canvass the returns of |
793 | the election of board members by qualified electors. The county |
794 | canvassing board shall declare and certify the results of the |
795 | election. |
796 | (4) Voting members of the board shall be public officers, |
797 | shall be known as members and, upon entering into office, shall |
798 | take and subscribe to the oath of office as prescribed by |
799 | section 876.05, Florida Statutes. Voting members of the board |
800 | shall be subject to ethics and conflict of interest laws of the |
801 | state that apply to all local public officers. Voting members of |
802 | the board shall hold office for the terms for which they were |
803 | elected and until their successors are chosen and qualified. If, |
804 | during the term of office, a voting member vacancy occurs, the |
805 | remaining voting members of the board shall fill each vacancy by |
806 | an appointment for the remainder of the unexpired term. |
807 | (5) Any member of the board may be removed by the Governor |
808 | for malfeasance, misfeasance, dishonesty, incompetency, or |
809 | failure to perform the duties imposed upon him or her by this |
810 | act, and any vacancies that may occur in such office for such |
811 | reasons shall be filled by the Governor as soon as practicable. |
812 | (6) A majority of the voting members of the board |
813 | constitutes a quorum for the purposes of conducting its business |
814 | and exercising its powers and for all other purposes. Action |
815 | taken by the district shall be upon a vote of a majority of the |
816 | voting members present unless general law or a rule of the |
817 | district requires a greater number. |
818 | (7) As soon as practicable after each election or |
819 | appointment, the board shall organize by electing one of its |
820 | voting members as chair and by electing a secretary, who need |
821 | not be a member of the board, and such other officers as the |
822 | board may deem necessary. |
823 | (8) The board shall keep a permanent record book entitled |
824 | "Record of Proceedings of Babcock Ranch Community Independent |
825 | Special District," in which shall be recorded minutes of all |
826 | meetings, resolutions, proceedings, certificates, bonds given by |
827 | all employees, and any and all corporate acts. The record book |
828 | and all other district records shall at reasonable times be |
829 | opened to inspection in the same manner as state, county, and |
830 | municipal records pursuant to chapter 119, Florida Statutes. The |
831 | record book shall be kept at the office or other regular place |
832 | of business maintained by the board in a designated location in |
833 | Charlotte County. |
834 | (9) Each voting member of the board shall be entitled to |
835 | receive for his or her services an amount not to exceed $200 per |
836 | meeting of the board, not to exceed $4,800 per year per member, |
837 | or an amount established by the electors at referendum. In |
838 | addition, each voting member of the board shall receive travel |
839 | and per diem expenses as set forth in section 112.061, Florida |
840 | Statutes. |
841 | (10) All meetings of the board shall be open to the public |
842 | and 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 |
845 | employ and fix the compensation of a district manager, who shall |
846 | have charge and supervision of the works of the district and |
847 | shall be responsible for preserving and maintaining any |
848 | improvement or facility constructed or erected pursuant to the |
849 | provisions of this act, for maintaining and operating the |
850 | equipment owned by the district, and for performing such other |
851 | duties as may be prescribed by the board. It shall not be a |
852 | conflict of interest under chapter 112, Florida Statutes, for a |
853 | board member, the district manager, or another employee of the |
854 | district to be a stockholder, officer, or employee of a |
855 | landowner. The district manager may hire or otherwise employ and |
856 | terminate the employment of such other persons, including, |
857 | without limitation, professional, supervisory, and clerical |
858 | employees, as may be necessary and authorized by the board. The |
859 | compensation and other conditions of employment of the officers |
860 | and employees of the district shall be as provided by the board. |
861 | (2) TREASURER.--The board shall designate a person who is |
862 | a resident of the state as treasurer of the district, who shall |
863 | have charge of the funds of the district. Such funds shall be |
864 | disbursed only upon the order of or pursuant to a resolution of |
865 | the board by warrant or check countersigned by the treasurer and |
866 | by such other person as may be authorized by the board. The |
867 | board may give the treasurer such other or additional powers and |
868 | duties as the board may deem appropriate and may fix his or her |
869 | compensation. The board may require the treasurer to give a bond |
870 | in such amount, on such terms, and with such sureties as may be |
871 | deemed satisfactory to the board to secure the performance by |
872 | the treasurer of his or her powers and duties. The financial |
873 | records of the board shall be audited by an independent |
874 | certified public accountant at least once a year. |
875 | (3) PUBLIC DEPOSITORY.--The board is authorized to select |
876 | as a depository for its funds any qualified public depository as |
877 | defined in section 280.02, Florida Statutes, that meets all the |
878 | requirements of chapter 280, Florida Statutes, and has been |
879 | designated by the treasurer as a qualified public depository |
880 | upon such terms and conditions as to the payment of interest by |
881 | such depository upon the funds so deposited as the board may |
882 | deem just and reasonable. |
883 | (4) BUDGET; REPORTS AND REVIEWS.-- |
884 | (a) The district shall provide financial reports in such |
885 | form and manner as prescribed pursuant to this act and chapter |
886 | 218, Florida Statutes. |
887 | (b) On or before July 15 of each year, the district |
888 | manager shall prepare a proposed budget for the ensuing fiscal |
889 | year to be submitted to the board for board approval. The |
890 | proposed budget shall include at the direction of the board an |
891 | estimate of all necessary expenditures of the district for the |
892 | ensuing fiscal year and an estimate of income to the district |
893 | from the taxes and assessments provided in this act. The board |
894 | shall consider the proposed budget item by item and may either |
895 | approve the budget as proposed by the district manager or modify |
896 | the same in part or in whole. The board shall indicate its |
897 | approval of the budget by resolution, which resolution shall |
898 | provide for a hearing on the budget as approved. Notice of the |
899 | hearing on the budget shall be published in a newspaper of |
900 | general circulation in the area of the district once a week for |
901 | 2 consecutive weeks, except that the first publication shall be |
902 | not fewer than 15 days prior to the date of the hearing. The |
903 | notice shall further contain a designation of the day, time, and |
904 | place of the public hearing. At the time and place designated in |
905 | the notice, the board shall hear all objections to the budget as |
906 | proposed and may make such changes as the board deems necessary. |
907 | At the conclusion of the budget hearing, the board shall, by |
908 | resolution, adopt the budget as finally approved by the board. |
909 | The budget shall be adopted prior to October 1 of each year. |
910 | (c) At least 60 days prior to adoption, the board of the |
911 | district shall submit to the Charlotte County Board of County |
912 | Commissioners, for purposes of disclosure and information only, |
913 | the proposed annual budget for the ensuing fiscal year, and the |
914 | board of county commissioners may submit written comments to the |
915 | board of the district solely for the assistance and information |
916 | of the board of the district in adopting its annual district |
917 | budget. |
918 | (d) The board of the district shall submit annually to the |
919 | Charlotte County Board of County Commissioners its district |
920 | public facilities report under section 189.415(2), Florida |
921 | Statutes, which report the board of county commissioners shall |
922 | use and rely on in the preparation or revision of its |
923 | comprehensive plan, specifically under section 189.415(6), |
924 | Florida Statutes. |
925 | (5) DISCLOSURE OF PUBLIC FINANCING.--The district shall, |
926 | in accordance with all applicable general law, provide for the |
927 | full disclosure of information relating to the public financing |
928 | and maintenance of improvements to real property undertaken by |
929 | the district. Such information shall be made available to all |
930 | existing residents and all prospective residents of the |
931 | district. The district shall furnish each developer of a |
932 | residential development within the district with sufficient |
933 | copies of that information to provide each prospective initial |
934 | purchaser of property in that development with a copy. Any |
935 | developer of a residential development within the district, when |
936 | required by law to provide a public offering statement, shall |
937 | include a copy of such information relating to the public |
938 | financing and maintenance of improvements in the public offering |
939 | statement. The Division of Florida Land Sales, Condominiums, and |
940 | Mobile Homes of the Department of Business and Professional |
941 | Regulation shall ensure that disclosures made by developers |
942 | pursuant to chapter 498, Florida Statutes, meet the requirements |
943 | of section 190.009(1), Florida Statutes. |
944 | (6) GENERAL POWERS.--The district shall have, and the |
945 | board may exercise, the following general powers: |
946 | (a) To sue and be sued in the name of the district; to |
947 | adopt and use a seal and authorize the use of a facsimile |
948 | thereof; to acquire, by purchase, gift, devise, or otherwise, |
949 | and to dispose of, real and personal property, or any estate |
950 | therein; and to make and execute contracts and other instruments |
951 | necessary or convenient to the exercise of its powers. |
952 | (b) To apply for coverage of its employees under the |
953 | Florida Retirement System in the same manner as if such |
954 | employees were state employees, subject to necessary action by |
955 | the district to pay employer contributions into the Florida |
956 | Retirement System Trust Fund. |
957 | (c) To contract for the services of consultants to perform |
958 | planning, engineering, legal, or other appropriate services of a |
959 | professional nature. Such contracts shall be subject to public |
960 | bidding or competitive negotiation requirements as set forth in |
961 | general law applicable to independent special districts. |
962 | (d) To borrow money and accept gifts; to apply for and use |
963 | grants or loans of money or other property from the United |
964 | States, the state, a unit of local government, or any person for |
965 | any district purposes and enter into agreements required in |
966 | connection therewith; and to hold, use, and dispose of such |
967 | moneys or property for any district purposes in accordance with |
968 | the terms of the gift, grant, loan, or agreement relating |
969 | thereto. |
970 | (e) To adopt and enforce rules and orders pursuant to the |
971 | provisions of chapter 120, Florida Statutes, prescribing the |
972 | powers, duties, and functions of the officers of the district; |
973 | the conduct of the business of the district; the maintenance of |
974 | records; and the form of certificates evidencing tax liens and |
975 | all other documents and records of the district. The board may |
976 | also adopt and enforce administrative rules with respect to any |
977 | of the projects of the district and define the area to be |
978 | included therein. The board may also adopt resolutions that may |
979 | be necessary for the conduct of district business. |
980 | (f) To maintain an office at such place or places as the |
981 | board designates in Charlotte County, and within the district |
982 | when facilities are available. |
983 | (g) To hold, control, and acquire by donation or purchase, |
984 | or dispose of, any public easements, dedications to public use, |
985 | platted reservations for public purposes, or any reservations |
986 | for those purposes authorized by this act and to make use of |
987 | such easements, dedications, or reservations for the purposes |
988 | authorized by this act. |
989 | (h) To lease as lessor or lessee to or from any person, |
990 | firm, corporation, association, or body, public or private, any |
991 | projects of the type that the district is authorized to |
992 | undertake and facilities or property of any nature for the use |
993 | of the district to carry out the purposes authorized by this |
994 | act. |
995 | (i) To borrow money and issue bonds, certificates, |
996 | warrants, notes, or other evidence of indebtedness as |
997 | hereinafter provided; to levy such taxes and assessments as may |
998 | be authorized; and to charge, collect, and enforce fees and |
999 | other user charges. |
1000 | (j) To raise, by user charges or fees authorized by |
1001 | resolution of the board, amounts of money necessary for the |
1002 | conduct of district activities and services and to enforce their |
1003 | receipt and collection in the manner prescribed by resolution |
1004 | not inconsistent with law. |
1005 | (k) To cooperate with, or contract with, other |
1006 | governmental agencies as may be necessary, convenient, |
1007 | incidental, or proper in connection with any of the powers, |
1008 | duties, or purposes authorized by this act. |
1009 | (l) To assess and to impose upon lands in the district ad |
1010 | valorem taxes as provided by this act. |
1011 | (m) If and when authorized by general law, to determine, |
1012 | order, levy, impose, collect, and enforce maintenance taxes. |
1013 | (n) To determine, order, levy, impose, collect, and |
1014 | enforce assessments pursuant to this act and the general laws of |
1015 | the state. |
1016 | (o) To hold, control and acquire by donation, purchase, or |
1017 | condemnation (subject to the limitation on the district's |
1018 | eminent domain powers as set forth below), or dispose of, any |
1019 | public easements, dedications to public use, platted |
1020 | reservations for public purposes, or any reservations for those |
1021 | purposes authorized by this act, both within and outside the |
1022 | boundaries of the district, and to make use of such easements, |
1023 | dedications, or reservations for the purposes authorized by this |
1024 | act. |
1025 | (p) To exercise within the district, or beyond the |
1026 | district with prior approval by resolution of the governing body |
1027 | of the county in which the taking will occur, the right and |
1028 | power of eminent domain, pursuant to the provisions of chapters |
1029 | 73 and 74, Florida Statutes, over any property within the state, |
1030 | except municipal, county, state, and federal property, for the |
1031 | uses and purposes of the district relating solely to water, |
1032 | sewer, transportation improvements as outlined in subsection |
1033 | (7), and water management, specifically including, without |
1034 | limitation, the power for the taking of easements for the |
1035 | drainage of the land of one person over and through the land of |
1036 | another. |
1037 | (q) To exercise such special powers and other express |
1038 | powers as may be authorized and granted by this act in the |
1039 | charter of the district, including powers as provided in any |
1040 | interlocal agreement entered into pursuant to chapter 163, |
1041 | Florida Statutes, or that shall be required or permitted to be |
1042 | undertaken by the district pursuant to any development order or |
1043 | development of regional impact, or any other agreement with |
1044 | Charlotte County or other governmental entities, including, |
1045 | without limitation, any school district, sheriff, fire district, |
1046 | drainage district, and health care district for proportionate, |
1047 | fair-share, or pipelining capital construction funding for any |
1048 | certain capital facilities or systems required from the |
1049 | development pursuant to any applicable development order or |
1050 | agreement. |
1051 | (r) To exercise all of the powers necessary, convenient, |
1052 | incidental, or proper in connection with any other powers or |
1053 | duties or the special purpose of the district authorized by this |
1054 | act. |
1055 | (s) To carry out any conditions of any development |
1056 | approval, development order, or agreement applicable to the |
1057 | development of the Babcock Ranch Community that relates to the |
1058 | provisions of infrastructure, including roads and other on-site |
1059 | and off-site improvements and any surety obligations relating |
1060 | thereto. |
1061 |
|
1062 | The provisions of this subsection shall be construed liberally |
1063 | in order to carry out effectively the specialized purpose of |
1064 | this act. |
1065 | (7) SPECIAL POWERS.--The district shall have, and the |
1066 | board may exercise, the following special powers to implement |
1067 | its lawful and special purpose and to provide, pursuant to that |
1068 | purpose, systems, facilities, services, improvements, projects, |
1069 | works, and infrastructure, each of which constitutes a lawful |
1070 | public purpose when exercised pursuant to this charter, subject |
1071 | to, and not inconsistent with, the regulatory jurisdiction and |
1072 | permitting authority of all other applicable governmental |
1073 | bodies, agencies, and any special districts having authority |
1074 | with respect to any area included therein, and to plan, |
1075 | establish, acquire, construct or reconstruct, enlarge or extend, |
1076 | equip, operate, finance, fund, and maintain improvements, |
1077 | systems, facilities, services, works, projects, and |
1078 | infrastructure, including, without limitation, any obligations |
1079 | pursuant to a development order or agreement. Any or all of the |
1080 | following special powers are granted by this act in order to |
1081 | implement the special purpose of the district: |
1082 | (a) To provide water management and control for the lands |
1083 | within the district and to connect some or any of such |
1084 | facilities with roads and bridges. In the event that the board |
1085 | assumes the responsibility for providing water management and |
1086 | control for the district that is to be financed by benefit |
1087 | special assessments, the board shall adopt plans and assessments |
1088 | pursuant to law or may adopt water management and control plans, |
1089 | assess for benefits, and apportion and levy special assessments, |
1090 | as follows: |
1091 | 1. The board shall cause to be made by the district's |
1092 | engineer, or such other engineer or engineers as the board may |
1093 | employ for that purpose, complete and comprehensive water |
1094 | management and control plans for the lands located within the |
1095 | district that will be improved in any part or in whole by any |
1096 | system of facilities that may be outlined and adopted, and the |
1097 | engineer shall make a report in writing to the board with maps |
1098 | and profiles of said surveys and an estimate of the cost of |
1099 | carrying out and completing the plans. |
1100 | 2. Upon the completion of such plans, the board shall hold |
1101 | a hearing thereon to hear objections thereto; shall give notice |
1102 | of the time and place fixed for such hearing by publication once |
1103 | each week for 2 consecutive weeks in a newspaper of general |
1104 | circulation in the general area of the district; and shall |
1105 | permit the inspection of the plan at the office of the district |
1106 | by all persons interested. All objections to the plan shall be |
1107 | filed at or before the time fixed in the notice for the hearing |
1108 | and shall be in writing. |
1109 | 3. After the hearing, the board shall consider the |
1110 | proposed plan and any objections thereto and may modify, reject, |
1111 | or adopt the plan or continue the hearing until a day certain |
1112 | for further consideration of the proposed plan or modifications |
1113 | thereof. |
1114 | 4. When the board approves a plan, a resolution shall be |
1115 | adopted and a certified copy thereof shall be filed in the |
1116 | office of the secretary and incorporated by him or her into the |
1117 | records of the district. |
1118 | 5. The water management and control plan may be altered in |
1119 | detail from time to time until the appraisal record herein |
1120 | provided is filed but not in such manner as to affect materially |
1121 | the conditions of its adoption. After the appraisal record has |
1122 | been filed, no alteration of the plan shall be made, except as |
1123 | provided by this act. |
1124 | 6. Within 20 days after the final adoption of the plan by |
1125 | the board, the board shall proceed pursuant to section 298.301, |
1126 | Florida Statutes. |
1127 | (b) To provide for water supply, sewer, and wastewater |
1128 | management, reclamation, and reuse, or any combination thereof, |
1129 | and any irrigation systems, facilities, and services and to |
1130 | construct and operate connecting intercepting or outlet sewers |
1131 | and sewer mains and pipes and water mains, conduits, or |
1132 | pipelines in, along, and under any street, alley, highway, or |
1133 | other public place or ways, and to dispose of any effluent, |
1134 | residue, or other byproducts of such system or sewer system. |
1135 | 1. The district may not purchase or sell a water, sewer, |
1136 | or wastewater reuse utility that provides service to the public |
1137 | for compensation, or enter into a wastewater facility |
1138 | privatization contract for a wastewater facility, until the |
1139 | governing body of the district has held a public hearing on the |
1140 | purchase, sale, or wastewater facility privatization contract |
1141 | and made a determination that the purchase, sale, or wastewater |
1142 | facility privatization contract is in the public interest. |
1143 | 2. In determining if the purchase, sale, or wastewater |
1144 | facility privatization contract is in the public interest, the |
1145 | district shall consider, at a minimum, the following: |
1146 | a. The most recent available income and expense statement |
1147 | for the utility. |
1148 | b. The most recent available balance sheet for the |
1149 | utility, listing assets and liabilities and clearly showing the |
1150 | amount of contributions in aid of construction and the |
1151 | accumulated depreciation thereon. |
1152 | c. A statement of the existing rate base of the utility |
1153 | for regulatory purposes. |
1154 | d. The physical condition of the utility facilities being |
1155 | purchased or sold or subject to a wastewater facility |
1156 | privatization contract. |
1157 | e. The reasonableness of the purchase, sale, or wastewater |
1158 | facility privatization contract price and terms. |
1159 | f. The impacts of the purchase, sale, or wastewater |
1160 | facility privatization contract on utility customers, both |
1161 | positive and negative. |
1162 | g. Any additional investment required and the ability and |
1163 | willingness of the purchaser or the private firm under a |
1164 | wastewater facility privatization contract to make that |
1165 | investment, whether the purchaser is the district or the entity |
1166 | purchasing the utility from the district. |
1167 | h. In the case of a wastewater facility privatization |
1168 | contract, the terms and conditions on which the private firm |
1169 | will provide capital investment and financing or a combination |
1170 | thereof for contemplated capital replacements, additions, |
1171 | expansions, and repairs. |
1172 | i. The alternatives to the purchase, sale, or wastewater |
1173 | facility privatization contract and the potential impact on |
1174 | utility customers if the purchase, sale, or wastewater facility |
1175 | privatization contract is not made. |
1176 | j. The ability of the purchaser or the private firm under |
1177 | a wastewater facility privatization contract to provide and |
1178 | maintain high-quality and cost-effective utility service, |
1179 | whether the purchaser is the district or the entity purchasing |
1180 | the utility from the district. |
1181 | k. In the case of a wastewater facility privatization |
1182 | contract, the district shall give significant weight to the |
1183 | technical expertise and experience of the private firm in |
1184 | carrying out the obligations specified in the wastewater |
1185 | facility privatization contract. |
1186 | 1. All moneys paid by a private firm to a district |
1187 | pursuant to a wastewater facility privatization contract shall |
1188 | be used for the purpose of reducing or offsetting property |
1189 | taxes, wastewater service rates, or debt reduction or making |
1190 | infrastructure improvements or capital asset expenditures or |
1191 | other public purpose, provided, however, that nothing herein |
1192 | shall preclude the district from using all or part of the moneys |
1193 | for the purpose of the district's qualification for relief from |
1194 | the repayment of federal grant awards associated with the |
1195 | wastewater system as may be required by federal law or |
1196 | regulation. The district shall prepare a statement showing that |
1197 | the purchase, sale, or wastewater facility privatization |
1198 | contract is in the public interest, including a summary of the |
1199 | purchaser's or private firm's experience in water, sewer, or |
1200 | wastewater reuse utility operation and a showing of financial |
1201 | ability to provide the service, whether the purchaser or private |
1202 | firm is the district or the entity purchasing the utility from |
1203 | the district. |
1204 | (c) To provide for bridges or culverts that may be needed |
1205 | across any drain, ditch, canal, floodway, holding basin, |
1206 | excavation, public highway, tract, grade, fill, or cut and |
1207 | roadways over levees and embankments, and to construct any and |
1208 | all of such works and improvements across, through, or over any |
1209 | public right-of-way, highway, grade, fill, or cut. |
1210 | (d) To provide for transportation and transportation- |
1211 | related improvements equal to or exceeding the specifications of |
1212 | the county in which such transportation improvements are |
1213 | located, which specifications may include, but not be limited |
1214 | to, those outlined in conditions of development approval. Such |
1215 | transportation and transportation-related improvements may |
1216 | include, but are not limited to, highways, streets, roads, |
1217 | alleys, trails, pathways, sidewalks, parkways, bicycle lanes, |
1218 | jogging paths, interchanges, bridges, thoroughfares of all kinds |
1219 | and descriptions, landscaping, hardscaping, irrigation, storm |
1220 | drains, street lighting, traffic signals, regulatory or |
1221 | informational signage, road striping, underground conduit, |
1222 | underground cable or fiber or wire, parking facilities, and all |
1223 | other related elements of a functioning transportation system in |
1224 | general or as related to the conditions of a development |
1225 | approval affecting the Babcock Ranch Community. Such |
1226 | transportation improvements may be located on-site or off-site; |
1227 | provided, however, that any off-site transportation improvements |
1228 | must be required or approved by the local general purpose |
1229 | government in which they are located. |
1230 | (e) To provide buses, trolleys, transit shelters and |
1231 | services, ridesharing facilities and services, parking |
1232 | improvements, and related signage. |
1233 | (f) To provide investigation and remediation costs |
1234 | associated with the cleanup of actual or perceived environmental |
1235 | contamination within the district under the supervision or |
1236 | direction of a competent governmental authority unless the |
1237 | covered costs benefit any person who is a landowner within the |
1238 | district and who caused or contributed to the contamination. |
1239 | (g) To provide for observation areas, conservation areas, |
1240 | mitigation areas, wildlife areas and wildlife habitat within or |
1241 | outside the district, including the maintenance of any plant or |
1242 | animal species, and any related interest in real or personal |
1243 | property. |
1244 | (h) To provide for parks and facilities for indoor and |
1245 | outdoor recreational, cultural, educational, and library uses. |
1246 | (i) To provide for fire prevention and control, including |
1247 | fire stations, water mains and plugs, fire trucks, and other |
1248 | vehicles and equipment. |
1249 | (j) To establish and maintain emergency medical and rescue |
1250 | response services, and acquire and maintain rescue, medical, and |
1251 | other emergency equipment. |
1252 | (k) To provide for school buildings and related |
1253 | structures, which may be leased, sold, or donated to the school |
1254 | district, for use in the educational system when authorized by |
1255 | the affected school board of Charlotte County. The district is |
1256 | granted the special power to contract with the school boards of |
1257 | Charlotte and Lee counties and, as applicable, the boards of |
1258 | county commissioners of Charlotte and Lee Counties, and with the |
1259 | applicable landowner developer of the lands within the district, |
1260 | to assess the school district educational facilities plan, and |
1261 | to implement a management and financing plan for timely |
1262 | construction, maintenance, and acquisition, at the option of the |
1263 | district, of school facilities, including facilities identified |
1264 | in the facilities work programs or those proposed by charter |
1265 | schools. The district is granted the special power to determine, |
1266 | order, levy, impose, collect, or arrange for the collection and |
1267 | enforcement of assessments, as defined in and pursuant to this |
1268 | act, for such school facilities. The district is eligible for |
1269 | the financial enhancements available to educational facility |
1270 | benefit districts to provide for financing the construction and |
1271 | maintenance of educational facilities pursuant to section |
1272 | 1013.356, Florida Statutes, and, if and when authorized by |
1273 | general law, to acquire such educational facilities. This act, |
1274 | in the place of an educational facilities benefit district, |
1275 | authorizes the affected school board to designate the district. |
1276 | The district is authorized to enter into an interlocal agreement |
1277 | with the affected school board and, as applicable, the affected |
1278 | county, and applicable private landowners and developers in |
1279 | order to provide for such construction, maintenance, and |
1280 | acquisition and in order to receive the applicable financial |
1281 | enhancements provided by section 1013.356, Florida Statutes. The |
1282 | interlocal agreement shall consider, among other things, |
1283 | absorption rates, sales rates, and related data of existing and |
1284 | projected schools; racial, ethnic, social, and economic balance |
1285 | within the affected school district under applicable state and |
1286 | federal law; and the provision of school attendance zones to |
1287 | allow students residing within a reasonable distance of the |
1288 | facilities constructed and financed through the interlocal |
1289 | agreement to attend such facilities. Because these facilities |
1290 | are funded by assessments and not by taxes of any type, the |
1291 | provision of these facilities may be multiuse and, consistent |
1292 | with the provisions of this act, shall be first liens on the |
1293 | property upon a showing of special and peculiar benefits that |
1294 | flow to the property within the jurisdiction of the district as |
1295 | a logical connection from the systems, facilities, and services, |
1296 | resulting in added use, enhanced enjoyment, decreased insurance |
1297 | premiums, or enhanced value in marketability so that the |
1298 | Legislature finds that the provisions of the Florida |
1299 | Constitution for free public schools is implemented and |
1300 | enhanced. Nothing herein requires any change in the method of |
1301 | election of the governing board of the district provided for in |
1302 | section 5. |
1303 | (l) To provide for security, including, but not limited |
1304 | to, guardhouses, fences, and gates, electronic intrusion- |
1305 | detection systems, and patrol cars, when authorized by proper |
1306 | governmental agencies; provided, however, the district may not |
1307 | exercise any powers of a law enforcement agency but may contract |
1308 | with the appropriate local general-purpose government agencies |
1309 | for an increased level of such services within the district |
1310 | boundaries. The district may operate guardhouses for the limited |
1311 | purpose of providing security for the residents of the district |
1312 | and that serve a predominate public, as opposed to private, |
1313 | purpose. Such guardhouses shall be operated by the district or |
1314 | any other unit of local government pursuant to procedures |
1315 | designed to serve such security purposes as set forth in rules |
1316 | adopted by the board, from time to time, following the |
1317 | procedures set forth in chapter 120, Florida Statutes. |
1318 | (m) To provide control and elimination of mosquitoes and |
1319 | other arthropods of public health importance. |
1320 | (n) To provide waste collection and disposal. |
1321 | (o) To enter into impact fee credit agreements with |
1322 | Charlotte and Lee Counties and their respective school boards. |
1323 | Under such agreements, if the district constructs or makes |
1324 | contributions for public systems, facilities, services, |
1325 | projects, improvements, works, and infrastructures for which |
1326 | impact fee credits would be available to the landowner developer |
1327 | under the applicable impact fee ordinance, the agreement |
1328 | authorized by this act shall provide that such impact fee credit |
1329 | shall inure to the landowners within the district in proportion |
1330 | to assessments or other burdens levied and imposed upon the |
1331 | landowners with respect to assessable improvements giving rise |
1332 | to such impact fee credits, and the district shall from time to |
1333 | time execute such instruments, such as assignments of impact fee |
1334 | credits, as may be necessary, appropriate, or desirable to |
1335 | accomplish or to confirm the foregoing. |
1336 | (p) To provide buildings and structures for district |
1337 | offices, maintenance facilities, meeting facilities, town |
1338 | centers, or any other project authorized or granted by this act. |
1339 | (q) To establish and create, at noticed meetings, such |
1340 | governmental departments of the governing board of the district, |
1341 | as well as committees, task forces, boards, or commissions, or |
1342 | other agencies under the supervision and control of the |
1343 | district, as from time to time the members of the board may deem |
1344 | necessary or desirable in the performance of the acts or other |
1345 | things necessary to exercise the board's general or special |
1346 | powers to implement an innovative project to carry out the |
1347 | special purpose of the district as provided in this act and to |
1348 | delegate the exercise of its powers to such departments, boards, |
1349 | task forces, committees, or other agencies and such |
1350 | administrative duties and other powers as the board may deem |
1351 | necessary or desirable, but only if there is a set of expressed |
1352 | limitations for accountability, notice, and periodic written |
1353 | reporting to the board that shall retain the powers of the |
1354 | board. |
1355 | (r) To provide for any facilities or improvements that may |
1356 | otherwise be provided for by any county or municipality, |
1357 | including, but not limited to, libraries, annexes, substations, |
1358 | and other buildings to house public officials, staff, and |
1359 | employees. |
1360 | (s) To provide for affordable housing and affordable |
1361 | housing assistance in accordance with section 189.4155(6), |
1362 | Florida Statutes, and other provisions of general law. |
1363 | (t) To provide for the construction and operation of |
1364 | communications systems and related infrastructure for the |
1365 | carriage and distribution of communications services, and to |
1366 | enter into joint ventures, public-private partnerships, and |
1367 | other agreements and to grant such easements as may be necessary |
1368 | to accomplish the foregoing. Communications systems shall mean |
1369 | all facilities, buildings, equipment, items, and methods |
1370 | necessary or desirable in order to provide communications |
1371 | services, including, without limitation, wires, cables, |
1372 | conduits, wireless cell sites, computers, modems, satellite |
1373 | antennae sites, transmission facilities, network facilities, and |
1374 | appurtenant devices necessary and appropriate to support the |
1375 | provision of communications services. Communications services |
1376 | includes without limitation internet, voice telephone or similar |
1377 | services provided by voice over internet protocol, cable |
1378 | television, data transmission services, electronic security |
1379 | monitoring services, and multi-channel video programming |
1380 | distribution services. |
1381 | (u) To provide electricity and related infrastructure and |
1382 | to enter into public-private partnerships and agreements as may |
1383 | be necessary to accomplish the foregoing. |
1384 | (v) To provide health care facilities and to enter into |
1385 | public-private partnerships and agreements as may be necessary |
1386 | to accomplish the foregoing. |
1387 | (w) To coordinate, work with, and, as the board deems |
1388 | appropriate, enter into interlocal agreements with any public or |
1389 | private entity for the provision of an institution or |
1390 | institutions of higher education. |
1391 | (x) To exercise its general and special powers as set |
1392 | forth in this act within or without the boundaries of the |
1393 | district when the subject of such exercise is approved or |
1394 | required by a development order, or is the subject of an |
1395 | agreement with the county, school district, or with any other |
1396 | applicable public or private entity, and is not inconsistent |
1397 | with the effective local comprehensive plans. |
1398 |
|
1399 | The enumeration of special powers herein shall not be deemed |
1400 | exclusive or restrictive but shall be deemed to incorporate all |
1401 | powers, express or implied, necessary or incident to carrying |
1402 | out such enumerated special powers, including the general powers |
1403 | provided by this special act charter to the district to |
1404 | implement its single purpose. Further, the provisions of this |
1405 | subsection shall be construed liberally in order to carry out |
1406 | effectively the special purpose of this district under this act. |
1407 | However, nothing contained herein shall relieve the district of |
1408 | its obligation to obtain a resolution from the affected county |
1409 | prior to exercising its eminent domain authority outside of the |
1410 | district boundaries pursuant to section 6. |
1411 | (8) ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to |
1412 | the other powers provided for in this act, and not in limitation |
1413 | thereof, the district shall have the power, at any time and from |
1414 | time to time after the issuance of any bonds of the district |
1415 | shall have been authorized, to borrow money for the purposes for |
1416 | which such bonds are to be issued in anticipation of the receipt |
1417 | of the proceeds of the sale of such bonds and to issue bond |
1418 | anticipation notes in a principal sum not in excess of the |
1419 | authorized maximum amount of such bond issue. Such notes shall |
1420 | be in such denomination or denominations, bear interest at such |
1421 | rate as the board may determine not to exceed the maximum rate |
1422 | allowed by general law, mature at such time or times not later |
1423 | than 5 years from the date of issuance, and be in such form and |
1424 | executed in such manner as the board shall prescribe. Such notes |
1425 | may be sold at either public or private sale or, if such notes |
1426 | shall be renewal notes, may be exchanged for notes then |
1427 | outstanding on such terms as the board shall determine. Such |
1428 | notes shall be paid from the proceeds of such bonds when issued. |
1429 | The board may, in its discretion, in lieu of retiring the notes |
1430 | by means of bonds, retire them by means of current revenues or |
1431 | from any taxes or assessments levied for the payment of such |
1432 | bonds, but, in such event, a like amount of the bonds authorized |
1433 | shall not be issued. |
1434 | (9) BORROWING.--The district at any time may obtain loans, |
1435 | in such amount and on such terms and conditions as the board may |
1436 | approve, for the purpose of paying any of the expenses of the |
1437 | district or any costs incurred or that may be incurred in |
1438 | connection with any of the projects of the district, which loans |
1439 | shall bear interest as the board determines, not to exceed the |
1440 | maximum rate allowed by general law, and may be payable from and |
1441 | secured by a pledge of such funds, revenues, taxes, and |
1442 | assessments as the board may determine, subject, however, to the |
1443 | provisions contained in any proceeding under which bonds were |
1444 | theretofore issued and are then outstanding. For the purpose of |
1445 | defraying such costs and expenses, the district may issue |
1446 | negotiable notes, warrants, or other evidences of debt to be |
1447 | payable at such times and to bear such interest as the board may |
1448 | determine, not to exceed the maximum rate allowed by general |
1449 | law, and to be sold or discounted at such price or prices not |
1450 | less than 95 percent of par value and on such terms as the board |
1451 | may deem advisable. The board shall have the right to provide |
1452 | for the payment thereof by pledging the whole or any part of the |
1453 | funds, revenues, taxes, and assessments of the district. The |
1454 | approval of the electors residing in the district shall not be |
1455 | necessary except when required by the State Constitution. |
1456 | (10) BONDS.-- |
1457 | (a) Sale of bonds.--Bonds may be sold in blocks or |
1458 | installments at different times, or an entire issue or series |
1459 | may be sold at one time. Bonds may be sold at public or private |
1460 | sale after such advertisement, if any, as the board may deem |
1461 | advisable but not in any event at less than 90 percent of the |
1462 | par value thereof, together with accrued interest thereon. Bonds |
1463 | may be sold or exchanged for refunding bonds. Special assessment |
1464 | and revenue bonds may be delivered by the district as payment of |
1465 | the purchase price of any project or part thereof, or a |
1466 | combination of projects or parts thereof, or as the purchase |
1467 | price or exchange for any property, real, personal, or mixed, |
1468 | including franchises or services rendered by any contractor, |
1469 | engineer, or other person, all at one time or in blocks from |
1470 | time to time, in such manner and upon such terms as the board in |
1471 | its discretion shall determine. The price or prices for any |
1472 | bonds 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 |
1475 | of redemption or exchange, or outstanding obligations exchanged |
1476 | for refunding bonds. |
1477 | 3. In the case of special assessment or revenue bonds, the |
1478 | amount of any indebtedness to contractors or other persons paid |
1479 | with such bonds, or the fair value of any properties exchanged |
1480 | for the bonds, as determined by the board. |
1481 | (b) Authorization and form of bonds.--Any general |
1482 | obligation bonds, special assessment bonds, or revenue bonds may |
1483 | be authorized by resolution or resolutions of the board that |
1484 | shall be adopted by a majority of all the voting members thereof |
1485 | then in office. Such resolution or resolutions may be adopted at |
1486 | the same meeting at which they are introduced and need not be |
1487 | published or posted. The board may, by resolution, authorize the |
1488 | issuance of bonds and fix the aggregate amount of bonds to be |
1489 | issued; the purpose or purposes for which the moneys derived |
1490 | therefrom shall be expended, including, but not limited to, |
1491 | payment of costs as defined in this act; the rate or rates of |
1492 | interest, not to exceed the maximum rate allowed by general law; |
1493 | the denomination of the bonds; whether or not the bonds are to |
1494 | be issued in one or more series; the date or dates of maturity, |
1495 | which shall not exceed 40 years from their respective dates of |
1496 | issuance; the medium of payment; the place or places within or |
1497 | without the state at which payment shall be made; registration |
1498 | privileges; redemption terms and privileges, whether with or |
1499 | without premium; the manner of execution; the form of the bonds, |
1500 | including any interest coupons to be attached thereto; the |
1501 | manner of execution of bonds and coupons; and any and all other |
1502 | terms, covenants, and conditions thereof and the establishment |
1503 | of revenue or other funds. Such authorizing resolution or |
1504 | resolutions may further provide for the contracts authorized by |
1505 | section 159.825(1)(f) and (g), Florida Statutes, regardless of |
1506 | the tax treatment of such bonds being authorized, subject to the |
1507 | finding by the board of a net saving to the district resulting |
1508 | by reason thereof. Such authorizing resolution may further |
1509 | provide that such bonds may be executed in accordance with the |
1510 | Registered Public Obligations Act, except that bonds not issued |
1511 | in registered form shall be valid if manually countersigned by |
1512 | an officer designated by appropriate resolution of the board. |
1513 | The seal of the district may be affixed, lithographed, engraved, |
1514 | or otherwise reproduced in facsimile on such bonds. In case any |
1515 | officer whose signature shall appear on any bonds or coupons |
1516 | shall cease to be such officer before the delivery of such |
1517 | bonds, such signature or facsimile shall nevertheless be valid |
1518 | and sufficient for all purposes the same as if he or she had |
1519 | remained in office until such delivery. |
1520 | (c) Interim certificates; replacement |
1521 | certificates.--Pending the preparation of definitive bonds, the |
1522 | board may issue interim certificates or receipts or temporary |
1523 | bonds, in such form and with such provisions as the board may |
1524 | determine, exchangeable for definitive bonds when such bonds |
1525 | have been executed and are available for delivery. The board may |
1526 | also provide for the replacement of any bonds that become |
1527 | mutilated, lost, or destroyed. |
1528 | (d) Negotiability of bonds.--Any bond issued under this |
1529 | act or any temporary bond, in the absence of an express recital |
1530 | on the face thereof that it is nonnegotiable, shall be fully |
1531 | negotiable and shall be and constitute a negotiable instrument |
1532 | within the meaning and for all purposes of the law merchant and |
1533 | the laws of the state. |
1534 | (e) Defeasance.--The board may make such provision with |
1535 | respect to the defeasance of the right, title, and interest of |
1536 | the holders of any of the bonds and obligations of the district |
1537 | in any revenues, funds, or other properties by which such bonds |
1538 | are secured as the board deems appropriate and, without |
1539 | limitation on the foregoing, may provide that when such bonds or |
1540 | obligations become due and payable or shall have been called for |
1541 | redemption and the whole amount of the principal and interest |
1542 | and premium, if any, due and payable upon the bonds or |
1543 | obligations then outstanding shall be held in trust for such |
1544 | purpose, and provision shall also be made for paying all other |
1545 | sums payable in connection with such bonds or other obligations, |
1546 | then and in such event the right, title, and interest of the |
1547 | holders of the bonds in any revenues, funds, or other properties |
1548 | by which such bonds are secured shall thereupon cease, |
1549 | terminate, and become void; and the board may apply any surplus |
1550 | in any sinking fund established in connection with such bonds or |
1551 | obligations and all balances remaining in all other funds or |
1552 | accounts other than moneys held for the redemption or payment of |
1553 | the bonds or other obligations to any lawful purpose of the |
1554 | district as the board shall determine. |
1555 | (f) Issuance of additional bonds.--If the proceeds of any |
1556 | bonds are less than the cost of completing the project in |
1557 | connection with which such bonds were issued, the board may |
1558 | authorize the issuance of additional bonds, upon such terms and |
1559 | conditions as the board may provide in the resolution |
1560 | authorizing the issuance thereof, but only in compliance with |
1561 | the resolution or other proceedings authorizing the issuance of |
1562 | the original bonds. |
1563 | (g) Refunding bonds.--The district shall have the power to |
1564 | issue bonds to provide for the retirement or refunding of any |
1565 | bonds or obligations of the district that at the time of such |
1566 | issuance are or subsequent thereto become due and payable, or |
1567 | that at the time of issuance have been called or are or will be |
1568 | subject to call for redemption within 10 years thereafter, or |
1569 | the surrender of which can be procured from the holders thereof |
1570 | at prices satisfactory to the board. Refunding bonds may be |
1571 | issued at any time that in the judgment of the board such |
1572 | issuance will be advantageous to the district. No approval of |
1573 | the qualified electors residing in the district shall be |
1574 | required for the issuance of refunding bonds except in cases in |
1575 | which such approval is required by the State Constitution. The |
1576 | board may by resolution confer upon the holders of such |
1577 | refunding bonds all rights, powers, and remedies to which the |
1578 | holders would be entitled if they continued to be the owners and |
1579 | had possession of the bonds for the refinancing of which such |
1580 | refunding bonds are issued, including, but not limited to, the |
1581 | preservation of the lien of such bonds on the revenues of any |
1582 | project or on pledged funds, without extinguishment, impairment, |
1583 | or diminution thereof. The provisions of this act pertaining to |
1584 | bonds of the district shall, unless the context otherwise |
1585 | requires, govern the issuance of refunding bonds, the form and |
1586 | other details thereof, the rights of the holders thereof, and |
1587 | the duties of the board with respect to them. |
1588 | (h) Revenue bonds.-- |
1589 | 1. The district shall have the power to issue revenue |
1590 | bonds from time to time without limitation as to amount. Such |
1591 | revenue bonds may be secured by, or payable from, the gross or |
1592 | net pledge of the revenues to be derived from any project or |
1593 | combination of projects; from the rates, fees, or other charges |
1594 | to be collected from the users of any project or projects; from |
1595 | any revenue-producing undertaking or activity of the district; |
1596 | from special assessments; or from benefit special assessments; |
1597 | or from any other source or pledged security. Such bonds shall |
1598 | not constitute an indebtedness of the district, and the approval |
1599 | of the qualified electors shall not be required unless such |
1600 | bonds are additionally secured by the full faith and credit and |
1601 | taxing power of the district. |
1602 | 2. Any two or more projects may be combined and |
1603 | consolidated into a single project and may hereafter be operated |
1604 | and maintained as a single project. The revenue bonds authorized |
1605 | herein may be issued to finance any one or more of such |
1606 | projects, regardless of whether or not such projects have been |
1607 | combined and consolidated into a single project. If the board |
1608 | deems it advisable, the proceedings authorizing such revenue |
1609 | bonds may provide that the district may thereafter combine the |
1610 | projects then being financed or theretofore financed with other |
1611 | projects to be subsequently financed by the district and that |
1612 | revenue bonds to be thereafter issued by the district shall be |
1613 | on parity with the revenue bonds then being issued, all on such |
1614 | terms, conditions, and limitations as shall have been provided |
1615 | in the proceeding which authorized the original bonds. |
1616 | (i) General obligation bonds.-- |
1617 | 1. Subject to the limitations of this charter, the |
1618 | district shall have the power from time to time to issue general |
1619 | obligation bonds to finance or refinance capital projects or to |
1620 | refund outstanding bonds in an aggregate principal amount of |
1621 | bonds outstanding at any one time not in excess of 35 percent of |
1622 | the assessed value of the taxable property within the district |
1623 | as shown on the pertinent tax records at the time of the |
1624 | authorization of the general obligation bonds for which the full |
1625 | faith and credit of the district is pledged. Except for |
1626 | refunding bonds, no general obligation bonds shall be issued |
1627 | unless the bonds are issued to finance or refinance a capital |
1628 | project and the issuance has been approved at an election held |
1629 | in accordance with the requirements for such election as |
1630 | prescribed by the State Constitution. Such elections shall be |
1631 | called to be held in the district by the Board of County |
1632 | Commissioners of Charlotte County upon the request of the board |
1633 | of the district. The expenses of calling and holding an election |
1634 | shall be at the expense of the district, and the district shall |
1635 | reimburse the county for any expenses incurred in calling or |
1636 | holding such election. |
1637 | 2. The district may pledge its full faith and credit for |
1638 | the payment of the principal and interest on such general |
1639 | obligation bonds and for any reserve funds provided therefor and |
1640 | may unconditionally and irrevocably pledge itself to levy ad |
1641 | valorem taxes on all taxable property in the district, to the |
1642 | extent necessary for the payment thereof, without limitation as |
1643 | to rate or amount. |
1644 | 3. If the board determines to issue general obligation |
1645 | bonds for more than one capital project, the approval of the |
1646 | issuance of the bonds for each and all such projects may be |
1647 | submitted to the electors on one and the same ballot. The |
1648 | failure of the electors to approve the issuance of bonds for any |
1649 | one or more capital projects shall not defeat the approval of |
1650 | bonds for any capital project that has been approved by the |
1651 | electors. |
1652 | 4. In arriving at the amount of general obligation bonds |
1653 | permitted to be outstanding at any one time pursuant to |
1654 | subparagraph 1., there shall not be included any general |
1655 | obligation bonds that are additionally secured by the pledge of: |
1656 | a. Any assessments levied in an amount sufficient to pay |
1657 | the principal and interest on the general obligation bonds so |
1658 | additionally secured, which assessments have been equalized and |
1659 | confirmed by resolution of the board pursuant to this act or |
1660 | section 170.08, Florida Statutes. |
1661 | b. Water revenues, sewer revenues, or water and sewer |
1662 | revenues of the district to be derived from user fees in an |
1663 | amount sufficient to pay the principal and interest on the |
1664 | general obligation bonds so additionally secured. |
1665 | c. Any combination of assessments and revenues described |
1666 | in sub-subparagraphs a. and b. |
1667 | (j) Bonds as legal investment or security.-- |
1668 | 1. Notwithstanding any provisions of any other law to the |
1669 | contrary, all bonds issued under the provisions of this act |
1670 | shall constitute legal investments for savings banks, banks, |
1671 | trust companies, insurance companies, executors, administrators, |
1672 | trustees, guardians, and other fiduciaries and for any board, |
1673 | body, agency, instrumentality, county, municipality, or other |
1674 | political subdivision of the state and shall be and constitute |
1675 | security that may be deposited by banks or trust companies as |
1676 | security for deposits of state, county, municipal, or other |
1677 | public funds or by insurance companies as required or voluntary |
1678 | statutory deposits. |
1679 | 2. Any bonds issued by the district shall be incontestable |
1680 | in the hands of bona fide purchasers or holders for value and |
1681 | shall not be invalid because of any irregularity or defect in |
1682 | the proceedings for the issue and sale thereof. |
1683 | (k) Covenants.--Any resolution authorizing the issuance of |
1684 | bonds may contain such covenants as the board may deem |
1685 | advisable, and all such covenants shall constitute valid and |
1686 | legally binding and enforceable contracts between the district |
1687 | and the bondholders, regardless of the time of issuance thereof. |
1688 | Such covenants may include, without limitation, covenants |
1689 | concerning the disposition of the bond proceeds; the use and |
1690 | disposition of project revenues; the pledging of revenues, |
1691 | taxes, and assessments; the obligations of the district with |
1692 | respect to the operation of the project and the maintenance of |
1693 | adequate project revenues; the issuance of additional bonds; the |
1694 | appointment, powers, and duties of trustees and receivers; the |
1695 | acquisition of outstanding bonds and obligations; restrictions |
1696 | on the establishing of competing projects or facilities; |
1697 | restrictions on the sale or disposal of the assets and property |
1698 | of the district; the priority of assessment liens; the priority |
1699 | of claims by bondholders on the taxing power of the district; |
1700 | the maintenance of deposits to ensure the payment of revenues by |
1701 | users of district facilities and services; the discontinuance of |
1702 | district services by reason of delinquent payments; acceleration |
1703 | upon default; the execution of. necessary instruments; the |
1704 | procedure for amending or abrogating covenants with the |
1705 | bondholders; and such other covenants as may be deemed necessary |
1706 | or desirable for the security of the bondholders. |
1707 | (l) Validation proceedings.--The power of the district to |
1708 | issue bonds under the provisions of this act may be determined, |
1709 | and any of the bonds of the district maturing over a period of |
1710 | more than 5 years shall be validated and confirmed, by court |
1711 | decree, under the provisions of chapter 75, Florida Statutes, |
1712 | and laws amendatory thereof or supplementary thereto. |
1713 | (m) Tax exemption.--To the extent allowed by general law, |
1714 | all bonds issued hereunder and interest paid thereon and all |
1715 | fees, charges, and other revenues derived by the district from |
1716 | the projects provided by this act are exempt from all taxes by |
1717 | the state or by any political subdivision, agency, or |
1718 | instrumentality thereof; however, any interest, income, or |
1719 | profits on debt obligations issued hereunder are not exempt from |
1720 | the tax imposed by chapter 220, Florida Statutes. Further, the |
1721 | district is not exempt from the provisions of chapter 212, |
1722 | Florida Statutes. |
1723 | (n) Application of section 189.4085, Florida |
1724 | Statutes.--Bonds issued by the district shall meet the criteria |
1725 | set forth in section 189.4085, Florida Statutes. |
1726 | (o) Act furnishes full authority for issuance of |
1727 | bonds.--This act constitutes full and complete authority for the |
1728 | issuance of bonds and the exercise of the powers of the district |
1729 | provided herein. No procedures or proceedings, publications, |
1730 | notices, consents, approvals, orders, acts, or things by the |
1731 | board, or any board, officer, commission, department, agency, or |
1732 | instrumentality of the district, other than those required by |
1733 | this act, shall be required to perform anything under this act, |
1734 | except that the issuance or sale of bonds pursuant to the |
1735 | provisions of this act shall comply with the general law |
1736 | requirements applicable to the issuance or sale of bonds by the |
1737 | district. Nothing in this act shall be construed to authorize |
1738 | the district to utilize bond proceeds to fund the ongoing |
1739 | operations of the district. |
1740 | (p) Pledge by the state to the bondholders of the |
1741 | district.--The state pledges to the holders of any bonds issued |
1742 | under this act that it will not limit or alter the rights of the |
1743 | district to own, acquire, construct, reconstruct, improve, |
1744 | maintain, operate, or furnish the projects or to levy and |
1745 | collect the taxes, assessments, rentals, rates, fees, and other |
1746 | charges provided for herein and to fulfill the terms of any |
1747 | agreement made with the holders of such bonds or other |
1748 | obligations and that it will not in any way impair the rights or |
1749 | remedies of such holders. |
1750 | (q) Default; dissolution.--A default on the bonds or |
1751 | obligations of the district shall not constitute a debt or |
1752 | obligation of any local general purpose government or the state. |
1753 | In the event of a default or dissolution of the district, no |
1754 | local general-purpose government shall be required to assume the |
1755 | property of the district, the debts of the district, or the |
1756 | district's obligations to complete any infrastructure |
1757 | improvements or provide services to the district. |
1758 | (11) TRUST AGREEMENTS.--Any issue of bonds shall be |
1759 | secured by a trust agreement by and between the district and a |
1760 | corporate trustee or trustees, which may be any trust company or |
1761 | bank having the powers of a trust company within or without the |
1762 | state. The resolution authorizing the issuance of the bonds or |
1763 | such trust agreement may pledge the revenues to be received from |
1764 | any projects of the district and may contain such provisions for |
1765 | protecting and enforcing the rights and remedies of the |
1766 | bondholders as the board may approve, including, without |
1767 | limitation, covenants setting forth the duties of the district |
1768 | in relation to: the acquisition, construction, reconstruction, |
1769 | improvement, maintenance, repair, operation, and insurance of |
1770 | any projects; the fixing and revising of the rates, fees, and |
1771 | charges; and the custody, safeguarding, and application of all |
1772 | moneys and for the employment of consulting engineers in |
1773 | connection with such acquisition, construction, reconstruction, |
1774 | improvement, maintenance, repair, or operation. It shall be |
1775 | lawful for any bank or trust company within or without the state |
1776 | that may act as a depository of the proceeds of bonds or of |
1777 | revenues to furnish such indemnifying bonds or to pledge such |
1778 | securities as may be required by the district. Such resolution |
1779 | or trust agreement may set forth the rights and remedies of the |
1780 | bondholders and of the trustee, if any, and may restrict the |
1781 | individual right of action by bondholders. The board may provide |
1782 | for the payment of proceeds of the sale of the bonds and the |
1783 | revenues of any project to such officer, board, or depository as |
1784 | it may designate for the custody thereof and may provide for the |
1785 | method of disbursement thereof with such safeguards and |
1786 | restrictions as it may determine. All expenses incurred in |
1787 | carrying out the provisions of such resolution or trust |
1788 | agreement may be treated as part of the cost of operation of the |
1789 | project to that such trust agreement pertains. |
1790 | (12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL |
1791 | ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL |
1792 | ASSESSMENTS; MAINTENANCE TAXES.-- |
1793 | (a) Ad valorem taxes.--A board elected by and consisting |
1794 | of qualified electors of the district shall have the power to |
1795 | levy and assess an ad valorem tax on all the taxable property in |
1796 | the district to construct, operate, and maintain assessable |
1797 | improvements; to pay the principal of, and interest on, any |
1798 | general obligation bonds of the district; and to provide for any |
1799 | sinking or other funds established in connection with any such |
1800 | bonds. An ad valorem tax levied by the board for operating |
1801 | purposes, exclusive of debt service on bonds, shall not exceed |
1802 | the maximum amount authorized by law. The ad valorem tax |
1803 | provided for herein shall be in addition to county and all other |
1804 | ad valorem taxes provided for by law. Such tax shall be |
1805 | assessed, levied, and collected in the same manner and at the |
1806 | same time as county taxes. The levy of ad valorem taxes must be |
1807 | approved by referendum as required by Section 9 of Article VII |
1808 | of the State Constitution. |
1809 | (b) Benefit special assessments.--The board annually shall |
1810 | determine, order, and levy the annual installment of the total |
1811 | benefit special assessments for bonds issued and related |
1812 | expenses to finance assessable improvements. These assessments |
1813 | may be due and collected during each year that county taxes are |
1814 | due and collected, in which case such annual installment and |
1815 | levy shall be evidenced to and certified to the property |
1816 | appraiser by the board not later than August 31 of each year. |
1817 | Such assessment shall be entered by the property appraiser on |
1818 | the county tax rolls and shall be collected and enforced by the |
1819 | tax collector in the same manner and at the same time as county |
1820 | taxes, and the proceeds thereof shall be paid to the district. |
1821 | However, this subsection shall not prohibit the district in its |
1822 | discretion from using the method prescribed in section 197.3632 |
1823 | or chapter 173, Florida Statutes, for collecting and enforcing |
1824 | these assessments. Each annual installment of benefit special |
1825 | assessments shall be a lien on the property against which |
1826 | assessed until paid and shall be enforceable in like manner as |
1827 | county taxes. The amount of the assessment for the exercise of |
1828 | the district's powers under subsections (6) and (7) shall be |
1829 | determined by the board based upon a report of the district's |
1830 | engineer and assessed by the board upon such lands, which may be |
1831 | part or all of the lands within the district benefited by the |
1832 | improvement, apportioned between benefited lands in proportion |
1833 | to the benefits received by each tract of land. The board may, |
1834 | if it determines it is in the best interests of the district, |
1835 | set forth in the proceedings initially levying such benefit |
1836 | special assessments or in subsequent proceedings a formula for |
1837 | the determination of an amount, which when paid by a taxpayer |
1838 | with respect to any tax parcel, shall constitute a prepayment of |
1839 | all future annual installments of such benefit special |
1840 | assessments and that the payment of which amount with respect to |
1841 | such tax parcel shall relieve and discharge such tax parcel of |
1842 | the lien of such benefit special assessments and any subsequent |
1843 | annual installment thereof. The board may provide further that |
1844 | upon delinquency in the payment of any annual installment of |
1845 | benefit special assessments, the prepayment amount of all future |
1846 | annual installments of benefit special assessments as determined |
1847 | in this paragraph shall be and become immediately due and |
1848 | payable together with such delinquent annual installment. |
1849 | (c) Non-ad valorem maintenance taxes.--If and when |
1850 | authorized by general law, to maintain and preserve the physical |
1851 | facilities and services constituting the works, improvements, or |
1852 | infrastructure provided by the district pursuant to this act; to |
1853 | repair and restore any one or more of them, when needed; and to |
1854 | defray the current expenses of the district, including any sum |
1855 | that may be required to pay state and county ad valorem taxes on |
1856 | any lands that may have been purchased and that are held by the |
1857 | district under the provisions of this act, the governing board |
1858 | may, upon the completion of said systems, facilities, services, |
1859 | works, improvements, or infrastructure, in whole or in part, as |
1860 | may be certified to the board by the engineer of the board, levy |
1861 | annually a non-ad valorem and nonmillage tax upon each tract or |
1862 | parcel of land within the district, to be known as a |
1863 | "maintenance tax." This non-ad valorem maintenance tax shall be |
1864 | apportioned upon the basis of the net assessments of benefits |
1865 | assessed as accruing from the original construction and shall be |
1866 | evidenced to and certified by the governing board of the |
1867 | district not later than June 1 of each year to the property |
1868 | appraiser of Charlotte County and shall be extended by the |
1869 | property appraiser on the tax roll of the property appraiser, as |
1870 | certified by the property appraiser to the tax collector, and |
1871 | collected by the tax collector on the merged collection roll of |
1872 | the tax collector in the same manner and at the same time as |
1873 | county ad valorem taxes, and the proceeds therefrom shall be |
1874 | paid to the district. This non-ad valorem maintenance tax shall |
1875 | be a lien until paid on the property against which assessed and |
1876 | enforceable in like manner and of the same dignity as county ad |
1877 | valorem taxes. |
1878 | (d) Maintenance special assessments.--To maintain and |
1879 | preserve the facilities and projects of the district, the board |
1880 | may levy a maintenance special assessment. This assessment may |
1881 | be evidenced to and certified to the property appraiser by the |
1882 | governing board not later than August 31 of each year and shall |
1883 | be entered by the property appraiser on the county tax rolls and |
1884 | shall be collected and enforced by the tax collector in the. |
1885 | same manner and at the same time as county taxes, and the |
1886 | proceeds therefrom shall be paid to the district. However, this |
1887 | subsection shall not prohibit the district in its discretion |
1888 | from using the method prescribed in section 197.363, section |
1889 | 197.3631, or section 197.3632, Florida Statutes, for collecting |
1890 | and enforcing these assessments. These maintenance special |
1891 | assessments shall be a lien on the property against which |
1892 | assessed until paid and shall be enforceable in like manner as |
1893 | county taxes. The amount of the maintenance special assessment |
1894 | for the exercise of the district's powers under this section |
1895 | shall be determined by the board based upon a report of the |
1896 | district's engineer and assessed by the board upon such lands, |
1897 | which may be all of the lands within the district benefited by |
1898 | the maintenance thereof, apportioned between the benefited lands |
1899 | in proportion to the benefits received by each tract of land. |
1900 | (e) Special assessments.--To levy and impose any special |
1901 | assessments pursuant to this subsection. |
1902 | (f) Enforcement of taxes.--The collection and enforcement |
1903 | of all taxes levied by the district shall be at the same time |
1904 | and in like manner as county taxes, and the provisions of |
1905 | general law relating to the sale of lands for unpaid and |
1906 | delinquent county taxes; the issuance, sale, and delivery of tax |
1907 | certificates for such unpaid and delinquent county taxes; the |
1908 | redemption thereof; the issuance to individuals of tax deeds |
1909 | based thereon; and all other procedures in connection therewith |
1910 | shall be applicable to the district to the same extent as if |
1911 | such statutory provisions were expressly set forth herein. All |
1912 | taxes shall be subject to the same discounts as county taxes. |
1913 | (g) When unpaid tax is delinquent; penalty.--All taxes |
1914 | provided for in this act shall become delinquent and bear |
1915 | penalties on the amount of such taxes in the same manner as |
1916 | county taxes. |
1917 | (h) Status of assessments.--Benefit special assessments, |
1918 | maintenance special assessments, and special assessments are |
1919 | hereby found and determined to be non-ad valorem assessments as |
1920 | defined by section 197.3632, Florida Statutes. Maintenance taxes |
1921 | are non-ad valorem taxes and are not special assessments. |
1922 | (i) Assessments constitute liens; collection.--Any and all |
1923 | assessments, including special assessments, benefit special |
1924 | assessments, and maintenance special assessments authorized by |
1925 | this section, and including special assessments as defined in |
1926 | this act and granted and authorized by this subsection, and |
1927 | including maintenance taxes if authorized by general law, shall |
1928 | constitute a lien on the property against which assessed from |
1929 | the date of levy and imposition thereof until paid, coequal with |
1930 | the lien of state, county, municipal, and school board taxes. |
1931 | These assessments may be collected, at the district's |
1932 | discretion, under authority of section 197.3631, Florida |
1933 | Statutes, by the tax collector pursuant to the provisions of |
1934 | sections 197.3632 and 197.3635, Florida Statutes, or in |
1935 | accordance with other collection measures provided by law. In |
1936 | addition to, and not in limitation of, any powers otherwise set |
1937 | forth herein or in general law, these assessments may also be |
1938 | enforced pursuant to the provisions of chapter 173, Florida |
1939 | Statutes. |
1940 | (j) Land owned by governmental entity.--Except as |
1941 | otherwise provided by law, no levy of ad valorem taxes or non-ad |
1942 | valorem assessments under this act, chapter 170, or chapter 197, |
1943 | Florida Statutes, or otherwise, by a board of a district, on |
1944 | property of a governmental entity that is subject to a ground |
1945 | lease as described in section 190.003(13), Florida Statutes, |
1946 | shall constitute a lien or encumbrance on the underlying fee |
1947 | interest of such governmental entity. |
1948 | (13) SPECIAL ASSESSMENTS.-- |
1949 | (a) As an alternative method to the levy and imposition of |
1950 | special assessments pursuant to chapter 170, Florida Statutes, |
1951 | pursuant to the authority of section 197.3631, Florida Statutes, |
1952 | or pursuant to other provisions of general law, now or hereafter |
1953 | enacted, which provide a supplemental means or authority to |
1954 | impose, levy, and collect special assessments as otherwise |
1955 | authorized under this act, the board may levy and impose special |
1956 | assessments to finance the exercise of any of its powers |
1957 | permitted under this act using the following uniform procedures: |
1958 | 1. At a noticed meeting, the governing board of the |
1959 | district may consider and review an engineer's report on the |
1960 | costs of the systems, facilities, and services to be provided, a |
1961 | preliminary assessment methodology, and a preliminary roll based |
1962 | on acreage or platted lands, depending upon whether platting has |
1963 | occurred. |
1964 | a. The assessment methodology shall address and discuss |
1965 | and the board shall consider whether the systems, facilities, |
1966 | and services being contemplated will result in special benefits |
1967 | peculiar to the property, different in kind and degree than |
1968 | general benefits, as a logical connection between the systems, |
1969 | facilities, and services themselves and the property, and |
1970 | whether the duty to pay the assessments by the property owners |
1971 | is apportioned in a manner that is fair and equitable and not in |
1972 | excess of the special benefit received. It shall be fair and |
1973 | equitable to designate a fixed proportion of the annual debt |
1974 | service, together with interest thereon, on the aggregate |
1975 | principal amount of bonds issued to finance such systems, |
1976 | facilities, and services that give rise to unique, special, and |
1977 | peculiar benefits to property of the same or similar |
1978 | characteristics under the assessment methodology so long as such |
1979 | fixed proportion does not exceed the unique, special, and |
1980 | peculiar benefits enjoyed by such property from such systems, |
1981 | facilities, and services. |
1982 | b. The engineer's cost report shall identify the nature of |
1983 | the proposed systems, facilities, and services, their location, |
1984 | a cost breakdown plus a total estimated cost, including cost of |
1985 | construction or reconstruction, labor, and materials, lands, |
1986 | property, rights, easements, franchises, or systems, facilities, |
1987 | and services to be acquired, cost of plans and specifications, |
1988 | surveys of estimates of costs and revenues, costs of |
1989 | engineering, legal, and other professional consultation |
1990 | services, and other expenses or costs necessary or incident to |
1991 | determining the feasibility or practicability of such |
1992 | construction, reconstruction, or acquisition, administrative |
1993 | expenses, relationship to the authority and power of the |
1994 | district in its charter, and such other expenses or costs as may |
1995 | be necessary or incident to the financing to be authorized by |
1996 | the governing board. |
1997 | c. The preliminary assessment roll to be prepared will be |
1998 | in accordance with the method of assessment provided for in the |
1999 | assessment methodology and as may be adopted by the governing |
2000 | board; the assessment roll shall be completed as promptly as |
2001 | possible and shall show the acreage, lots, lands, or plats |
2002 | assessed and the amount of the fairly and reasonably apportioned |
2003 | assessment based on special and peculiar benefit to the |
2004 | property, lot, parcel, or acreage of land; and, if the |
2005 | assessment against each such lot, parcel, acreage, or portion of |
2006 | land is to be paid in installments, the number of annual |
2007 | installments in which the assessment is divided shall be entered |
2008 | into and shown upon the assessment roll. |
2009 | 2. The governing board of the district may determine and |
2010 | declare by an initial assessment resolution to levy and assess |
2011 | the assessments with respect to assessable improvements stating |
2012 | the nature of the systems, facilities, and services, |
2013 | improvements, projects, or infrastructure constituting such |
2014 | assessable improvements, the information in the engineer's cost |
2015 | report, the information in the assessment methodology as |
2016 | determined by the board at the noticed meeting and referencing |
2017 | and incorporating as part of the resolution the engineer's cost |
2018 | report, the preliminary assessment methodology, and the |
2019 | preliminary assessment roll as referenced exhibits to the |
2020 | resolution by reference. If the board determines to declare and |
2021 | levy the special assessments by the initial assessment |
2022 | resolution, the board shall also adopt and declare a notice |
2023 | resolution that shall provide and cause the initial assessment |
2024 | resolution to be published once a week for a period of 2 weeks |
2025 | in a newspaper of general circulation published in Charlotte |
2026 | County and said board shall by the same resolution fix a time |
2027 | and place at which the owner or owners of the property to be |
2028 | assessed or any other persons interested therein may appear |
2029 | before said board and be heard as to the propriety and |
2030 | advisability of making such improvements, as to the costs |
2031 | thereof, as to the manner of payment therefor, and as to the |
2032 | amount thereof to be assessed against each property so improved. |
2033 | Thirty days' notice in writing of such time and place shall be |
2034 | given to such property owners. The notice shall include the |
2035 | amount of the assessment and shall be served by mailing a copy |
2036 | to each assessed property owner at his or her last known |
2037 | address, the names and addresses of such property owners to be |
2038 | obtained from the record of the property appraiser of the county |
2039 | political subdivision in which the land is located or from such |
2040 | other sources as the district manager or engineer deems |
2041 | reliable, and proof of such mailing shall be made by the |
2042 | affidavit of the manager of the district or by the engineer, |
2043 | said proof to be filed with the district manager, provided that |
2044 | failure to mail said notice or notices shall not invalidate any |
2045 | of the proceedings hereunder. It is provided further that the |
2046 | last publication shall be at least 1 week prior to the date of |
2047 | the hearing on the final assessment resolution. Said notice |
2048 | shall describe the general areas to be improved and advise all |
2049 | persons interested that the description of each property to be |
2050 | assessed and the amount to be assessed to each piece, parcel, |
2051 | lot, or acre of property may be ascertained at the office of the |
2052 | manager of the district. Such service by publication shall be |
2053 | verified by the affidavit of the publisher and filed with the |
2054 | manager of the district. Moreover, the initial assessment |
2055 | resolution with its attached, referenced, and incorporated |
2056 | engineer's cost report, preliminary assessment methodology, and |
2057 | preliminary assessment roll, along with the notice resolution, |
2058 | shall be available for public inspection at the office of the |
2059 | manager and the office of the engineer or any other office |
2060 | designated by the governing board in the notice resolution. |
2061 | Notwithstanding the foregoing, the landowners of all of the |
2062 | property that is proposed to be assessed may give the district |
2063 | written notice of waiver of any notice and publication provided |
2064 | for in this subparagraph and such notice and publication shall |
2065 | not be required, provided, however, that any meeting of the |
2066 | governing board to consider such resolution shall be a publicly |
2067 | noticed meeting. |
2068 | 3. At the time and place named in the noticed resolution |
2069 | as provided for in subparagraph 2., the governing board of the |
2070 | district shall meet and hear testimony from affected property |
2071 | owners as to the propriety and advisability of making the |
2072 | systems, facilities, services, projects, works, improvements, or |
2073 | infrastructure and funding them with assessments referenced in |
2074 | the initial assessment resolution on the property. Following the |
2075 | testimony and questions from the members of the board or any |
2076 | professional advisors to the district of the preparers of the |
2077 | engineer's cost report, the assessment methodology, and the |
2078 | assessment roll, the governing board shall make a final decision |
2079 | on whether to levy and assess the particular assessments. |
2080 | Thereafter, the governing board shall meet as an equalizing |
2081 | board to hear and to consider any and all complaints as to the |
2082 | particular assessments and shall adjust and equalize the |
2083 | assessments on the basis of justice and right. |
2084 | 4. When so equalized and approved by resolution or |
2085 | ordinance by the governing board, to be called the final |
2086 | assessment resolution, a final assessment roll shall be filed |
2087 | with the clerk of the board and such assessment shall stand |
2088 | confirmed and remain legal, valid, and binding first liens on |
2089 | the property against which such assessments are made until paid, |
2090 | equal in dignity to the first liens of ad valorem taxation of |
2091 | county and municipal governments and school boards. However, |
2092 | upon completion of the systems, facilities, service, project, |
2093 | improvement, works, or infrastructure, the district shall credit |
2094 | to each of the assessments the difference in the assessment as |
2095 | originally made, approved, levied, assessed, and confirmed and |
2096 | the proportionate part of the actual cost of the improvement to |
2097 | be paid by the particular special assessments as finally |
2098 | determined upon the completion of the improvement; but in no |
2099 | event shall the final assessment exceed the amount of the |
2100 | special and peculiar benefits as apportioned fairly and |
2101 | reasonably to the property from the system, facility, or service |
2102 | being provided as originally assessed. Promptly after such |
2103 | confirmation, the assessment shall be recorded by the clerk of |
2104 | the district in the minutes of the proceedings of the district, |
2105 | and the record of the lien in this set of minutes shall |
2106 | constitute prima facie evidence of its validity. The governing |
2107 | board, in its sole discretion, may, by resolution, grant a |
2108 | discount equal to all or a part of the payee's proportionate |
2109 | share of the cost of the project consisting of bond financing |
2110 | cost, such as capitalized interest, funded reserves, and bond |
2111 | discounts included in the estimated cost of the project, upon |
2112 | payment in full of any assessments during such period prior to |
2113 | the time such financing costs are incurred as may be specified |
2114 | by the governing board in such resolution. |
2115 | 5. District assessments may be made payable in |
2116 | installments over no more than 30 years from the date of the |
2117 | payment of the first installment thereof and may bear interest |
2118 | at fixed or variable rates. |
2119 | (b) Notwithstanding any provision of this act or of |
2120 | chapter 170 or section 170.09, Florida Statutes, which provide |
2121 | that assessments may be paid without interest at any time within |
2122 | 30 days after the improvement is completed and a resolution |
2123 | accepting the same has been adopted by the governing authority, |
2124 | such provision shall not be applicable to any district |
2125 | assessments, whether imposed, levied, and collected pursuant to |
2126 | the provisions of this act or other provisions of general law, |
2127 | including, but not limited to, chapter 170, Florida Statutes. |
2128 | (c) In addition, the district is authorized expressly in |
2129 | the exercise of its rulemaking power to adopt a rule or rules |
2130 | that provide for notice, levy, imposition, equalization, and |
2131 | collection of assessments. |
2132 | (14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON |
2133 | ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.-- |
2134 | (a) The board may, after any special assessments or |
2135 | benefit special assessments for assessable improvements are |
2136 | made, determined, and confirmed as provided in this act, issue |
2137 | certificates of indebtedness for the amount so assessed against |
2138 | the abutting property or property otherwise benefited, as the |
2139 | case may be, and separate certificates shall be issued against |
2140 | each part or parcel of land or property assessed, which |
2141 | certificates shall state the general nature of the improvement |
2142 | for which the assessment is made. The certificates shall be |
2143 | payable in annual installments in accordance with the |
2144 | installments of the special assessment for which they are |
2145 | issued. The board may determine the interest to be borne by such |
2146 | certificates, not to exceed the maximum rate allowed by general |
2147 | law, and may sell such certificates at either private or public |
2148 | sale and determine the form, manner of execution, and other |
2149 | details of such certificates. The certificates shall recite that |
2150 | they are payable only from the special assessments levied and |
2151 | collected from the part or parcel of land or property against |
2152 | which they are issued. The proceeds of such certificates may be |
2153 | pledged for the payment of principal of and interest on any |
2154 | revenue bonds or general obligation bonds issued to finance in |
2155 | whole or in part such assessable improvement, or, if not so |
2156 | pledged, may be used to pay the cost or part of the cost of such |
2157 | assessable improvements. |
2158 | (b) The district may also issue assessment bonds, revenue |
2159 | bonds, or other obligations payable from a special fund into |
2160 | which such certificates of indebtedness referred to in the |
2161 | preceding subsection may be deposited or, if such certificates |
2162 | of indebtedness have not been issued, the district may assign to |
2163 | such special fund for the benefit of the holders of such |
2164 | assessment bonds or other obligations, or to a trustee for such |
2165 | bondholders, the assessment liens provided for in this act |
2166 | unless such certificates of indebtedness or assessment liens |
2167 | have been theretofore pledged for any bonds or other obligations |
2168 | authorized hereunder. In the event of the creation of such |
2169 | special fund and the issuance of such assessment bonds or other |
2170 | obligations, the proceeds of such certificates of indebtedness |
2171 | or assessment liens deposited therein shall be used only for the |
2172 | payment of the assessment bonds or other obligations issued as |
2173 | provided in this section. The district is authorized to covenant |
2174 | with the holders of such assessment bonds, revenue bonds, or |
2175 | other obligations that it will diligently and faithfully enforce |
2176 | and collect all the special assessments, and interest and |
2177 | penalties thereon, for which such certificates of indebtedness |
2178 | or assessment liens have been deposited in or assigned to such |
2179 | fund; to foreclose such assessment liens so assigned to such |
2180 | special fund or represented by the certificates of indebtedness |
2181 | deposited in the special fund, after such assessment liens have |
2182 | become delinquent, and deposit the proceeds derived from such |
2183 | foreclosure, including interest and penalties, in such special |
2184 | fund; and to make any other covenants deemed necessary or |
2185 | advisable in order to properly secure the holders of such |
2186 | assessment bonds or other obligations. |
2187 | (c) The assessment bonds, revenue bonds, or other |
2188 | obligations issued pursuant to this section shall have such |
2189 | dates of issue and maturity as shall be deemed advisable by the |
2190 | board; however, the maturities of such assessment bonds or other |
2191 | obligations shall not be more than 2 years after the due date of |
2192 | the last installment that will be payable on any of the special |
2193 | assessments for which such assessment liens, or the certificates |
2194 | of indebtedness representing such assessment liens, are assigned |
2195 | to or deposited in such special fund. |
2196 | (d) Such assessment bonds, revenue bonds, or other |
2197 | obligations issued under this section shall bear such interest |
2198 | as the board may determine, not to exceed the maximum rate |
2199 | allowed by general law, and shall be executed, shall have such |
2200 | provisions for redemption prior to maturity, shall be sold in |
2201 | the manner, and shall be subject to all of the applicable |
2202 | provisions contained in this act for revenue bonds, except as |
2203 | the same may be inconsistent with the provisions of this |
2204 | section. |
2205 | (e) All assessment bonds, revenue bonds, or other |
2206 | obligations issued under the provisions of this section shall |
2207 | be, shall constitute, and shall have all the qualities and |
2208 | incidents of negotiable instruments under the law merchant and |
2209 | the laws of the state. |
2210 | (15) TAX LIENS.--All taxes of the district provided for in |
2211 | this act, except together with all penalties for default in the |
2212 | payment of the same and all costs in collecting the same, |
2213 | including a reasonable attorney's fee fixed by the court and |
2214 | taxed as a cost in the action brought to enforce payment, shall, |
2215 | from January 1 for each year the property is liable to |
2216 | assessment and until paid, constitute a lien of equal dignity |
2217 | with the liens for state and county taxes and other taxes of |
2218 | equal dignity with state and county taxes upon all the lands |
2219 | against which such taxes shall be levied. A sale of any of the |
2220 | real property within the district for state and county or other |
2221 | taxes shall not operate to relieve or release the property so |
2222 | sold from the lien for subsequent district taxes or installments |
2223 | of district taxes, which lien may be enforced against such |
2224 | property as though no such sale thereof had been made. In |
2225 | addition to, and not in limitation of, the preceding, for |
2226 | purposes of section 197.552, Florida Statutes, the lien of all |
2227 | special assessments levied by the district shall constitute a |
2228 | lien of record held by a municipal or county governmental unit. |
2229 | The provisions of sections 194.171, 197.122, 197.333, and |
2230 | 197.432, Florida Statutes, shall be applicable to district taxes |
2231 | with the same force and effect as if such provisions were |
2232 | expressly set forth in this act. |
2233 | (16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE |
2234 | DISTRICT; 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, |
2237 | or other tax or assessment upon lands located wholly or |
2238 | partially within the boundaries of the district. |
2239 | 2. Redeem or purchase any tax sales certificates issued or |
2240 | sold on account of any state, county, district, municipal, or |
2241 | other taxes or assessments upon lands located wholly or |
2242 | partially within the boundaries of the district. |
2243 | (b) Delinquent taxes paid, or tax sales certificates |
2244 | redeemed or purchased, by the district, together with all |
2245 | penalties for the default in payment of the same and all costs |
2246 | in collecting the same and a reasonable attorney's fee, shall |
2247 | constitute a lien in favor of the district of equal dignity with |
2248 | the liens of state and county taxes and other taxes of equal |
2249 | dignity with state and county taxes upon all the real property |
2250 | against which the taxes were levied. The lien of the district |
2251 | may be foreclosed in the manner provided in this act. |
2252 | (c) In any sale of land pursuant to section 197.542, |
2253 | Florida Statutes, the district may certify to the clerk of the |
2254 | circuit court of the county holding such sale the amount of |
2255 | taxes due to the district upon the lands sought to be sold, and |
2256 | the district shall share in the disbursement of the sales |
2257 | proceeds in accordance with the provisions of this act and under |
2258 | the laws of the state. |
2259 | (17) FORECLOSURE OF LIENS.--Any lien in favor of the |
2260 | district arising under this act may be foreclosed by the |
2261 | district by foreclosure proceedings in the name of the district |
2262 | in a court of competent jurisdiction as provided by general law |
2263 | in a like manner as provided in chapter 173, Florida Statutes, |
2264 | and the provisions of that chapter shall be applicable to such |
2265 | proceedings with the same force and effect as if those |
2266 | provisions were expressly set forth in this act. Any act |
2267 | required or authorized to be done by or on behalf of a |
2268 | municipality in foreclosure proceedings under chapter 173, |
2269 | Florida Statutes, may be performed by such officer or agent of |
2270 | the district as the governing board may designate. Such |
2271 | foreclosure proceedings may be brought at any time after the |
2272 | expiration of 1 year from the date any tax, or installment |
2273 | thereof, becomes delinquent; however, no lien shall be |
2274 | foreclosed against any political subdivision or agency of the |
2275 | state. Other legal remedies shall remain available. |
2276 | (18) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS, |
2277 | FACILITIES, AND SERVICES.--To the full extent permitted by law, |
2278 | the district shall require all lands, buildings, premises, |
2279 | persons, firms, and corporations within the district to use the |
2280 | water management and control facilities and water and sewer |
2281 | facilities of the district. |
2282 | (19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED |
2283 | PROVISIONS REQUIRED.-- |
2284 | (a) No contract shall be let by the board for any goods, |
2285 | supplies, or materials to be purchased when the amount thereof |
2286 | to be paid by the district shall exceed the amount provided in |
2287 | section 287.017, Florida Statutes, for category four, unless |
2288 | notice of bids shall be advertised once in a newspaper in |
2289 | general circulation in Charlotte County. Any board seeking to |
2290 | construct or improve a public building, structure, or other |
2291 | public works shall comply with the bidding procedures of section |
2292 | 255.20, Florida Statutes, and other applicable general law. In |
2293 | each case, the bid of the lowest responsive and responsible |
2294 | bidder shall be accepted unless all bids are rejected because |
2295 | the bids are too high or the board determines it is in the best |
2296 | interests of the district to reject all bids. The board may |
2297 | require the bidders to furnish bond with a responsible surety to |
2298 | be approved by the board. Nothing in this section shall prevent |
2299 | the board from undertaking and performing the construction, |
2300 | operation, and maintenance of any project or facility authorized |
2301 | by this act by the employment of labor, material, and machinery. |
2302 | (b) The provisions of the Consultants' Competitive |
2303 | Negotiation Act, section 287.055, Florida Statutes, apply to |
2304 | contracts for engineering, architecture, landscape architecture, |
2305 | or registered surveying and mapping services let by the board. |
2306 | (c) Contracts for maintenance services for any district |
2307 | facility or project shall be subject to competitive bidding |
2308 | requirements when the amount thereof to be paid by the district |
2309 | exceeds the amount provided in section 287.017, Florida |
2310 | Statutes, for category four. The district shall adopt rules, |
2311 | policies, or procedures establishing competitive bidding |
2312 | procedures for maintenance services. Contracts for other |
2313 | services shall not be subject to competitive bidding unless the |
2314 | district adopts a rule, policy, or procedure applying |
2315 | competitive bidding procedures to said contracts. Nothing herein |
2316 | shall preclude the use of requests for proposal instead of |
2317 | invitations to bid as determined by the district to be in its |
2318 | best interest. |
2319 | (20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION |
2320 | AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.-- |
2321 | (a) The district is authorized to prescribe, fix, |
2322 | establish, and collect rates, fees, rentals, or other charges, |
2323 | hereinafter sometimes referred to as "revenues," and to revise |
2324 | the same from time to time, for the systems, facilities, and |
2325 | services furnished by the district, within the limits of the |
2326 | district, including, but not limited to, recreational |
2327 | facilities, water management and control facilities, water, |
2328 | sewer, and reuse systems, and solid waste collection and |
2329 | disposal; to recover the costs of making connection with any |
2330 | district service, facility, or system; and to provide for |
2331 | reasonable penalties against any user or property for any such |
2332 | rates, fees, rentals, or other charges that are delinquent. |
2333 | (b) No such rates, fees, rentals, or other charges for any |
2334 | of the facilities or services of the district shall be fixed |
2335 | until after a public hearing at which all the users of the |
2336 | proposed facility or services or owners, tenants, or occupants |
2337 | served or to be served thereby and all other interested persons |
2338 | shall have an opportunity to be heard concerning the proposed |
2339 | rates, fees, rentals, or other charges. Rates, fees, rentals, |
2340 | and other charges shall be adopted under the administrative |
2341 | rulemaking authority of the district, but shall not apply to |
2342 | district leases. Notice of such public hearing setting forth the |
2343 | proposed schedule or schedules of rates, fees, rentals, and |
2344 | other charges shall have been published in a newspaper of |
2345 | general circulation in Charlotte County at least once and at |
2346 | least 10 days prior to such public hearing. The rulemaking |
2347 | hearing may be adjourned from time to time. After such hearing, |
2348 | such schedule or schedules, either as initially proposed or as |
2349 | modified or amended, may be finally adopted. A copy of the |
2350 | schedule or schedules of such rates, fees, rentals, or charges |
2351 | as finally adopted shall be kept on file in an office designated |
2352 | by the board and shall be open at all reasonable times to public |
2353 | inspection. The rates, fees, rentals, or charges so fixed for |
2354 | any class of users or property served shall be extended to cover |
2355 | any additional users or properties thereafter served that shall |
2356 | fall in the same class, without the necessity of any notice or |
2357 | hearing. |
2358 | (c) Such rates, fees, rentals, and charges shall be just |
2359 | and equitable and uniform for users of the same class, and when |
2360 | appropriate may be based or computed either upon the amount of |
2361 | service furnished, upon the average number of persons residing |
2362 | or working in or otherwise occupying the premises served, or |
2363 | upon any other factor affecting the use of the facilities |
2364 | furnished, or upon any combination of the foregoing factors, as |
2365 | may be determined by the board on an equitable basis. |
2366 | (d) The rates, fees, rentals, or other charges prescribed |
2367 | shall be such as will produce revenues, together with any other |
2368 | assessments, taxes, revenues, or funds available or pledged for |
2369 | such purpose, at least sufficient to provide for the items |
2370 | hereinafter listed, but not necessarily in the order stated: |
2371 | 1. To provide for all expenses of operation and |
2372 | maintenance of such facility or service. |
2373 | 2. To pay when due all bonds and interest thereon for the |
2374 | payment of which such revenues are, or shall have been, pledged |
2375 | or encumbered, including reserves for such purpose. |
2376 | 3. To provide for any other funds that may be required |
2377 | under the resolution or resolutions authorizing the issuance of |
2378 | bonds pursuant to this act. |
2379 | (e) The board shall have the power to enter into contracts |
2380 | for the use of the projects of the district and with respect to |
2381 | the services, systems, and facilities furnished or to be |
2382 | furnished by the district. |
2383 | (21) RECOVERY OF DELINQUENT CHARGES.--In the event that |
2384 | any rates, fees, rentals, charges, or delinquent penalties shall |
2385 | not be paid as and when due and shall be in default for 60 days |
2386 | or more, the unpaid balance thereof and all interest accrued |
2387 | thereon, together with reasonable attorney's fees and costs, may |
2388 | be recovered by the district in a civil action. |
2389 | (22) DISCONTINUANCE OF SERVICE.--In the event the fees, |
2390 | rentals, or other charges for water and sewer services, or |
2391 | either of them, are not paid when due, the board shall have the |
2392 | power, under such reasonable rules and regulations as the board |
2393 | may adopt, to discontinue and shut off both water and sewer |
2394 | services until such fees, rentals, or other charges, including |
2395 | interest, penalties, and charges for the shutting off and |
2396 | discontinuance and the restoration of such water and sewer |
2397 | services or both, are fully paid; and, for such purposes, the |
2398 | board may enter on any lands, waters, or premises of any person, |
2399 | firm, corporation, or body, public or private, within the |
2400 | district limits. Such delinquent fees, rentals, or other |
2401 | charges, together with interest, penalties, and charges for the |
2402 | shutting off and discontinuance and the restoration of such |
2403 | services and facilities and reasonable attorney's fees and other |
2404 | expenses, may be recovered by the district, which may also |
2405 | enforce payment of such delinquent fees, rentals, or other |
2406 | charges by any other lawful method of enforcement. |
2407 | (23) ENFORCEMENT AND PENALTIES.--The board or any |
2408 | aggrieved person may have recourse to such remedies in law and |
2409 | at equity as may be necessary to ensure compliance with the |
2410 | provisions of this act, including injunctive relief to enjoin or |
2411 | restrain any person violating the provisions of this act or any |
2412 | bylaws, resolutions, regulations, rules, codes, or orders |
2413 | adopted under this act. In case any building or structure is |
2414 | erected, constructed, reconstructed, altered, repaired, |
2415 | converted, or maintained, or any building, structure, land, or |
2416 | water is used, in violation of this act or of any code, order, |
2417 | resolution, or other regulation made under authority conferred |
2418 | by this act or under law, the board or any citizen residing in |
2419 | the district may institute any appropriate action or proceeding |
2420 | to prevent such unlawful erection, construction, reconstruction, |
2421 | alteration, repair, conversion, maintenance, or use; to |
2422 | restrain, correct, or avoid such violation; to prevent the |
2423 | occupancy of such building, structure, land, or water; and to |
2424 | prevent any illegal act, conduct, business, or use in or about |
2425 | such premises, land, or water. |
2426 | (24) SUITS AGAINST THE DISTRICT.--Any suit or action |
2427 | brought or maintained against the district for damages arising |
2428 | out of tort, including, without limitation, any claim arising |
2429 | upon account of an act causing an injury or loss of property, |
2430 | personal injury, or death, shall be subject to the limitations |
2431 | provided in section 768.28, Florida Statutes. |
2432 | (25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All |
2433 | district property shall be exempt from levy and sale by virtue |
2434 | of an execution, and no execution or other judicial process |
2435 | shall issue against such property, nor shall any judgment |
2436 | against the district be a charge or lien on its property or |
2437 | revenues; however, nothing contained herein shall apply to or |
2438 | limit the rights of bondholders to pursue any remedy for the |
2439 | enforcement of any lien or pledge given by the district in |
2440 | connection 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 |
2443 | legislative delegations in and for Charlotte County to amend |
2444 | this act to contract, to expand or to contract, and to expand |
2445 | the 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 |
2448 | amendment to this act by the Legislature. |
2449 | 2. The district has become inactive pursuant to section |
2450 | 189.4044, Florida Statutes. |
2451 | (27) INCLUSION OF TERRITORY.--The inclusion of any or all |
2452 | territory of the district within a municipality does not change, |
2453 | alter, or affect the boundary, territory, existence, or |
2454 | jurisdiction of the district. |
2455 | (28) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED |
2456 | DISCLOSURE TO PURCHASER.--Subsequent to the creation of this |
2457 | district under this act, each contract for the initial sale of a |
2458 | parcel of real property and each contract for the initial sale |
2459 | of a residential unit within the district shall include, |
2460 | immediately prior to the space reserved in the contract for the |
2461 | signature of the purchaser, the following disclosure statement |
2462 | in boldfaced and conspicuous type that is larger than the type |
2463 | in the remaining text of the contract: "THE BABCOCK RANCH |
2464 | COMMUNITY INDEPENDENT SPECIAL DISTRICT MAY IMPOSE AND LEVY TAXES |
2465 | OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. |
2466 | THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, |
2467 | AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND |
2468 | SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING |
2469 | BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN |
2470 | ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND |
2471 | ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY |
2472 | LAW." |
2473 | (29) NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days |
2474 | after the election of the first governing board of the district, |
2475 | the district shall cause to be recorded in the grantor-grantee |
2476 | index of the property records in the county in which it is |
2477 | located a "Notice of Creation and Establishment of the Babcock |
2478 | Ranch Community Independent Special District." The notice shall, |
2479 | at a minimum, include the legal description of the property |
2480 | covered by this act. |
2481 | (30) DISTRICT PROPERTY PUBLIC; FEES.--Any system, |
2482 | facility, service, works, improvement, project, or other |
2483 | infrastructure owned by the district, or funded by federal tax |
2484 | exempt bonding issued by the district, is public; and the |
2485 | district by rule may regulate, and may impose reasonable charges |
2486 | or fees for, the use thereof but not to the extent that such |
2487 | regulation or imposition of such charges or fees constitutes |
2488 | denial of reasonable access. |
2489 | Section 7. If any provision of this act is determined |
2490 | unconstitutional or otherwise determined invalid by a court of |
2491 | law, all the rest and remainder of the act shall remain in full |
2492 | force and effect as the law of this state. |
2493 | Section 8. In the election provided for in section 9, each |
2494 | landowner present in person or by proxy shall be entitled to |
2495 | cast one vote for each assessible acre or fraction of an acre of |
2496 | land owned by him or her and located within the district. |
2497 | Section 9. This section and section 8 shall take effect |
2498 | upon this act becoming law, and the remaining sections shall |
2499 | take effect upon approval by a majority vote of the owners of |
2500 | land within the district who are not exempt from ad valorem |
2501 | taxes or non-ad valorem assessments and who are present in |
2502 | person or by proxy at a landowners' meeting to be held within 90 |
2503 | days after the effective date of this act. Such landowners' |
2504 | meeting shall be noticed as provided in section 5 for the |
2505 | initial landowners' meeting and may be combined with such |
2506 | meeting. However, the provisions of this act that authorize the |
2507 | levy of ad valorem taxation and issuance of general obligation |
2508 | bonds shall take effect only upon express approval by a majority |
2509 | vote of those qualified electors of the Babcock Ranch Community |
2510 | Independent Special District voting in a referendum election |
2511 | held at such time as all members of the board are qualified |
2512 | electors who are elected by qualified electors of the district |
2513 | as provided in this act. |