CS/HB 1515

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 bonds;
25	providing for borrowing; providing for future ad valorem
26	taxation; providing for special assessments; providing for
27	issuance of certificates of indebtedness; providing for
28	tax liens; providing for competitive procurement;
29	providing for fees and charges; providing for amendment to
30	charter; providing for required notices to purchasers of
31	residential units within the district; defining district
32	public property; providing severability; providing for a
33	referendum; providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1.  This act may be cited as the "Babcock Ranch
38	Community Independent Special District Act."
39	Section 2.  Legislative findings and intent; definitions;
40	policy.--
41	(1)  LEGISLATIVE FINDINGS AND INTENT.--
42	(a)  The unincorporated area of southeastern Charlotte
43	County, including the Babcock Ranch lands, are unique and
44	special with a need towards protecting natural resources and
45	retaining a viable agricultural system while protecting private
46	property rights and promoting a sound economy.
47	(b)  The Board of Trustees of the Internal Improvement
48	Trust Fund, the Florida Fish and Wildlife Conservation
49	Commission, and Lee County have purchased approximately 73,500
50	acres of the approximately 91,000-acre Babcock Ranch for the
51	perpetual preservation of such lands and for establishing a
52	contiguous wildlife protection area from Lake Okeechobee to the
53	Charlotte Harbor Estuary Project.
54	(c)  The Department of Community Affairs, Charlotte County,
55	Lee County, and the then contract purchaser of the Babcock Ranch
56	have entered into an Interlocal Planning Agreement for the
57	Babcock Ranch, dated January 24, 2006, which outlines the steps
58	necessary to achieve the sale and preservation of approximately
59	73,500 acres of the entire Babcock Ranch and development of the
60	remaining approximately 17,800 acres (the "Babcock Ranch
61	Community") with a new, sustainable, compact, and mixed-use
62	community that will provide residents with a balance of living,
63	working, educational, civic, and recreational opportunities
64	incorporating greenways, pedestrian ways, and transit corridors.
65	(d)  The district and the district charter, as created by
66	this act, with its general and special powers are essential and,
67	for the reasons set forth herein, the best alternative for
68	planning, constructing, maintaining, operating, financing, and
69	improving the provision of systems, facilities, and services
70	necessary to meet the infrastructure needs of the Babcock Ranch
71	Community.
72	(e)  There is a particular need to implement a specialized
73	and limited single-purpose independent special district unit of
74	local government in connection with the development of the
75	Babcock Ranch Community, in order to prevent urban sprawl by
76	providing sustaining and freestanding infrastructure and to
77	prevent the needless duplication, fragmentation, and
78	proliferation of local government services.
79	(f)  Management of conservation, environmental,
80	agricultural, and economic challenges and opportunities in the
81	Babcock Ranch area transcends the boundaries and
82	responsibilities of both private landowners and individual units
83	of government.
84	(g)  There are two alternatives for the creation of
85	independent special districts for properties of this size: the
86	establishment by rule of the Governor and Cabinet of one or more
87	uniform community development districts over the property; and
88	the establishment by special act of the Legislature of a single
89	independent special district meeting the minimum requirements of
90	chapter 189, Florida Statutes, the applicable district
91	accountability general law. Use of this special act, created
92	under chapter 189, Florida Statutes, is the better of the two
93	alternatives in this case because it will allow for use of a
94	single special district, with longer involvement and
95	responsibility on the part of the initial landowner, which will
96	result in better intergovernmental coordination and lower
97	administrative costs for Charlotte County and the district,
98	including its landowners and residents. Additionally, use of
99	this special act will provide the flexibility to include within
100	the district, at a later date, contiguous Babcock Ranch lands
101	within Lee County, whereas chapter 190, Florida Statutes, would
102	prevent a single uniform community development district from
103	crossing county lines. Additionally, use of this special act
104	updates the charter of a uniform community development district
105	under chapter 190, Florida Statutes, eliminates potential for
106	its abuse, clarifies and sets forth certain uniform procedures
107	for liens on property, and makes other substantial reforms to
108	the benefit of the people of Charlotte County and future
109	landowners, residents, and visitors.
110	(h)  A longer involvement of the initial landowner with
111	regard to the provision of systems, facilities, and services for
112	the Babcock Ranch Community, coupled with a severely limited and
113	highly specialized single purpose of the district, is in the
114	public interest.
115	(i)  Any public or private system to provide infrastructure
116	improvements, systems, facilities, and services to the Babcock
117	Ranch Community must be established through a highly
118	specialized, innovative, responsive, and accountable mechanism
119	to provide the components of infrastructure at sustained levels
120	of high quality over the long term.
121	(j)  The existence and use of such a limited, specialized
122	single-purpose local government for the Babcock Ranch Community,
123	subject to the Charlotte County comprehensive plan and land
124	development regulations, will result in a higher propensity to
125	provide for orderly development and prevent urban sprawl;
126	protect and preserve environmental and conservation uses and
127	assets; potentially enhance the market value for both present
128	and future landowners of the property consistent with the need
129	to protect private property; potentially enhance the net
130	economic benefit to Charlotte County, including an enhanced tax
131	base to the benefit of all present and future taxpayers in
132	Charlotte County; and result in the sharing of costs of
133	providing certain systems, facilities, and services in an
134	innovative, sequential, and flexible manner within the area to
135	be serviced by the district.
136	(k)  The creation and establishment of the district will
137	encourage local government financial self-sufficiency in
138	providing public facilities and in identifying and implementing
139	fiscally sound, innovative, and cost-effective techniques to
140	provide and finance public facilities while encouraging
141	development, use, and coordination of capital improvement plans
142	by all levels of government, pursuant to chapter 187, Florida
143	Statutes.
144	(l)  The creation and establishment of the district will
145	encourage and enhance cooperation among communities that have
146	unique assets, irrespective of political boundaries, to bring
147	the private and public sectors together to establish an orderly
148	and environmentally and economically sound plan for current and
149	future needs and growth.
150	(m)  The creation and establishment of the district is a
151	legitimate alternative method available to manage, own, operate,
152	construct, and finance capital infrastructure systems,
153	facilities, and services.
154	(n)  In order to be responsive to the critical timing
155	required through the exercise of its special management
156	functions, an independent district requires financing of those
157	functions, including bondable, lienable, and nonlienable
158	revenue, with full and continuing public disclosure and
159	accountability, funded by landowners, both present and future,
160	and funded also by users of the systems, facilities, and
161	services provided to the land area by the district, without
162	burdening the taxpayers and citizens of the state, Charlotte
163	County, or any municipality therein.
164	(o)  The district created and established by this act shall
165	not exercise or have any comprehensive planning, zoning, or
166	development permitting power; the establishment of the district
167	shall not be considered a development order within the meaning
168	of chapter 380, Florida Statutes; and all applicable planning
169	and permitting laws, rules, regulations, agreements, and
170	policies of Charlotte County shall control the development of
171	the land within the district.
172	(p)  The creation by this act of the Babcock Ranch
173	Community Independent Special District is not inconsistent with
174	the Charlotte County comprehensive plan.
175	(q)  Charlotte County does not object to the creation of
176	the district.
177	(r)  It is the legislative intent and purpose that no debt
178	or obligation of the district constitute a debt or obligation on
179	any local general-purpose government without its consent.
180	(s)  It is the legislative intent and purpose that no local
181	general-purpose government shall be under any obligation or duty
182	to assume any obligation or commitment made by the developer or
183	the district.
184	(2)  DEFINITIONS.--As used in this act:
185	(a)  "Ad valorem bonds" means bonds that are payable from
186	the proceeds of ad valorem taxes levied on real and tangible
187	personal property and that are generally referred to as general
188	obligation bonds.
189	(b)  "Assessable improvements" means, without limitation,
190	any and all public improvements and community facilities that
191	the district is empowered to provide in accordance with this act
192	that provide a special benefit to property within the district.
193	(c)  "Assessment bonds" means special obligations of the
194	district that are payable solely from proceeds of the special
195	assessments or benefit special assessments levied for assessable
196	improvements, provided that, in lieu of issuing assessment bonds
197	to fund the costs of assessable improvements, the district may
198	issue revenue bonds for such purposes payable from special
199	assessments.
200	(d)  "Assessments" means those nonmillage district
201	assessments that include special assessments, benefit special
202	assessments, and maintenance special assessments and a
203	nonmillage, non-ad valorem maintenance tax if authorized by
204	general law.
205	(e)  "Babcock Ranch" means the approximately 91,000 acres
206	of contiguous lands generally located in southeastern Charlotte
207	County and in the northeastern portion of Lee County, the
208	majority of which, approximately 73,500 acres, has been
209	purchased pursuant to that certain Agreement for Sale and
210	Purchase entered into by the Board of Trustees of the Internal
211	Improvement Trust Fund, the Florida Fish and Wildlife
212	Conservation Commission, and Lee County, as authorized pursuant
213	to the Babcock Ranch Preserve Act, chapter 2006-231, Laws of
214	Florida, and the remainder of which, approximately 17,800 acres,
215	known as "Area 6," is to be developed as the Babcock Ranch
216	Community.
217	(f)  "Babcock Ranch Community" means that portion of the
218	Babcock Ranch to be developed with a new, sustainable, compact,
219	mixed-use community pursuant to that certain Interlocal Planning
220	Agreement for the Babcock Ranch, dated January 24, 2006, among
221	the Florida Department of Community Affairs, Lee and Charlotte
222	Counties, and the then contract purchaser of the Babcock Ranch,
223	and pursuant to development approvals issued or to be issued by
224	Lee County and Charlotte County, consisting of approximately
225	17,800 acres. The subject of this act is that portion of the
226	Babcock Ranch Community located in Charlotte County, consisting
227	of approximately 13,631 acres, as described in section 4.
228	(g)  "Babcock Ranch Community Independent Special District"
229	means the unit of special and single-purpose local government
230	created and chartered by this act, including the creation of its
231	charter, and limited to the performance, in implementing its
232	single purpose, of those general and special powers authorized
233	by its charter under this act, the boundaries of which are more
234	specifically set forth in this act, the governing head of which
235	is created and authorized to operate with legal existence by
236	this act, and the purpose of which is as set forth in this act.
237	(h)  "Benefit special assessments" are district assessments
238	imposed, levied, and collected pursuant to the provisions of
239	section 6(12)(b).
240	(i)  "Bond" includes "certificate," and the provisions that
241	are applicable to bonds are equally applicable to certificates.
242	The term "bond" includes any general obligation bond, assessment
243	bond, refunding bond, revenue bond, and other such obligation in
244	the nature of a bond as provided for in this act.
245	(j)  "Cost" or "costs," when used with reference to any
246	project, includes, but is not limited to:
247	1.  The expenses of determining the feasibility or
248	practicability of acquisition, construction, or reconstruction.
249	2.  The cost of surveys, estimates, plans, and
250	specifications.
251	3.  The cost of improvements.
252	4.  Planning, engineering, designing, fiscal, legal, and
253	other professional and consultant expenses and charges.
254	5.  The cost of all labor, materials, machinery, and
255	equipment.
256	6.  The cost of all lands, properties, rights, easements,
257	and franchises acquired.
258	7.  Financing charges.
259	8.  The creation of initial reserve and debt service funds.
260	9.  Working capital.
261	10.  Interest charges incurred or estimated to be incurred
262	on money borrowed prior to and during construction and
263	acquisition and for such reasonable period of time after
264	completion of construction or acquisition as the board may
265	determine.
266	11.  The cost of issuance of bonds pursuant to this act,
267	including advertisements and printing.
268	12.  The cost of any bond or tax referendum held pursuant
269	to this act and all other expenses of issuance of bonds.
270	13.  The discount, if any, on the sale or exchange of
271	bonds.
272	14.  Administrative expenses.
273	15.  The costs and expenses associated with the use,
274	operation, maintenance, and repair of improvements.
275	16.  Such other expenses as may be necessary or incidental
276	to the acquisition, disposition, transfer, construction,
277	operation, maintenance, or reconstruction of any project or to
278	the financing thereof, or to the development of any lands within
279	the district.
280	17.  Payments, contributions, dedications, and any other
281	exactions required as a condition of receiving any governmental
282	approval or permit necessary to accomplish any district purpose.
283	(k)  "District" means the Babcock Ranch Community
284	Independent Special District.
285	(l)  "District manager" means the manager of the district.
286	(m)  "General obligation bonds" means bonds that are
287	secured by, or provide for their payment by, the pledge of the
288	full faith and credit and taxing power of the district, in
289	addition to those special taxes levied for their discharge and
290	such other sources as may be provided for their payment or
291	pledged as security under the resolution authorizing their
292	issuance, and for payment of which recourse may be had against
293	the general fund of the district.
294	(n)  "Governing board" or "board" means the governing board
295	of the district or, if such board has been abolished, the board,
296	body, or commission assuming the principal functions thereof or
297	to whom the powers given to the board by this act have been
298	given by law.
299	(o)  "Governing board member" means any member of the
300	governing board.
301	(p)  "Land development regulations" means those regulations
302	of general purpose local government, adopted under the Local
303	Government Comprehensive Planning and Land Development
304	Regulation Act, part II of chapter 163, Florida Statutes, to
305	which the district is subject and as to which the district may
306	not do anything that is inconsistent. Land development
307	regulations shall not mean specific management, engineering,
308	planning, operating, and other criteria and standards needed in
309	the daily management, implementation, and provision by the
310	district of systems, facilities, services, works, improvements,
311	projects, or infrastructure, including design criteria and
312	standards, so long as they remain subject to and are not
313	inconsistent with the applicable land development regulations.
314	(q)  "Landowner" means the owner of a freehold estate as it
315	appears on the deed record, including a trustee, a private
316	corporation, and an owner of a condominium unit. "Landowner"
317	does not include a reversioner, remainderman, mortgagee, or any
318	governmental entity, who shall not be counted and need not be
319	notified of proceedings under this act. "Landowner" also means
320	the owner of a ground lease from a governmental entity, which
321	leasehold interest has a remaining term, excluding all renewal
322	options, in excess of 50 years.
323	(r)  "General-purpose local government" means a county,
324	municipality, or consolidated city-county government.
325	(s)  "Maintenance special assessments" are assessments
326	imposed, levied, and collected pursuant to the provisions of
327	section 6(12)(d).
328	(t)  "Non-ad valorem assessment" means only those
329	assessments that are not based upon millage and that can become
330	a lien against a homestead as permitted in s. 4, Art. X of the
331	State Constitution.
332	(u)  "Powers" means powers used and exercised by the
333	governing board to accomplish the single, limited, and special
334	purpose of the district, including:
335	1.  "General powers," those organizational and
336	administrative powers of the district as provided in its charter
337	in order to carry out its single special purpose as a local
338	government public corporate body politic.
339	2.  "Special powers," those powers enumerated by the
340	district charter to implement its specialized systems,
341	facilities, services, projects, improvements, and infrastructure
342	and related functions in order to carry out its single
343	specialized purpose.
344	3.  Any other powers, authority, or functions set forth in
345	this act or in chapter 189 or chapter 190, Florida Statutes.
346	(v)  "Project" means any development, improvement,
347	property, power, utility, facility, enterprise, service, system,
348	works, or infrastructure now existing or hereafter undertaken or
349	established under the provisions of this act.
350	(w)  "Qualified elector" means any person at least 18 years
351	of age or older, who is a citizen of the United States, a legal
352	resident of the state and the district, and who registers to
353	vote with the Supervisor of Elections in Charlotte County.
354	(x)  "Refunding bonds" means bonds issued to refinance
355	outstanding bonds of any type and the interest and redemption
356	premium thereon. Refunding bonds shall be issuable and payable
357	in the same manner as refinanced bonds, except that no approval
358	by the electorate shall be required unless required by the State
359	Constitution.
360	(y)  "Revenue bonds" means obligations of the district that
361	are payable from revenues, including, but not limited to,
362	special assessments and benefit special assessments, derived
363	from sources other than ad valorem taxes on real or tangible
364	personal property, and that do not pledge the property, credit,
365	or general tax revenue of the district.
366	(z)  "Sewer system" means any plant, system of pipes or
367	lines, facility, or property and additions, extensions, and
368	improvements thereto at any future time constructed or acquired
369	as part thereof, useful or necessary or having the present
370	capacity for future use in connection with the collection,
371	treatment, purification, or disposal of sewage, including, but
372	not limited to, industrial wastes resulting from any process of
373	industry, manufacture, trade, or business or from the
374	development of any natural resource. "Sewer system" also
375	includes treatment plants, pumping stations, lift stations,
376	valves, force mains, intercepting sewers, laterals, pressure
377	lines, mains, and all necessary appurtenances and equipment; all
378	sewer mains, laterals, and other devices for the reception and
379	collection of sewage from premises connected therewith; and all
380	real and personal property and any interest therein, and rights,
381	easements, and franchises of any nature relating to any such
382	system and necessary or convenient for operation thereof.
383	(aa)  "Special assessments" means assessments as imposed,
384	levied, and collected by the district for the costs of
385	assessable improvements pursuant to the provisions of this act,
386	chapter 170, Florida Statutes, and the additional authority
387	under section 197.3631, Florida Statutes, or other provisions of
388	general law that provide or authorize a supplemental means to
389	impose, levy, or collect special assessments.
390	(bb)  "Tax" or "taxes" means those levies and impositions
391	of the governing board that support and pay for government and
392	the administration of law and that may be:
393	1.  Ad valorem or property taxes based upon both the
394	appraised value of property and millage, at a rate uniform
395	within the jurisdiction; or
396	2.  If and when authorized by general law, non-ad valorem
397	maintenance taxes not based on millage that are used to maintain
398	district systems, facilities, and services.
399	(cc)  "Water system" means any plant, system of pipes or
400	lines, facility, or property, and any addition, extension, or
401	improvement thereto at any future time constructed or acquired
402	as a part thereof, useful, necessary, or having the present
403	capacity for future use in connection with the development of
404	sources, treatment, purification, or distribution of water.
405	"Water system" also includes lakes, canals, ditches, reservoirs,
406	dams, impoundments, storage tanks, mains, lines, valves, pumping
407	stations, laterals, and pipes for the purpose of carrying water
408	to the premises connected with such system, and all rights,
409	easements, and franchises of any nature relating to any such
410	system and necessary or convenient for the operation thereof.
411	(3)  POLICY.--Based upon its findings, ascertainments,
412	determinations, intent, purpose, and definitions, the
413	Legislature states its policy expressly:
414	(a)  The district and the district charter, with its
415	general and special powers, as created in this act, are
416	essential and the best alternative for the residential,
417	commercial, and other community uses, projects, or functions in
418	the included portion of Charlotte County consistent with the
419	effective comprehensive plans and serve a lawful public purpose.
420	(b)  The district, which is a government of special
421	purpose, is limited to its special purpose as expressed in this
422	act, with the power to provide, plan, implement, construct,
423	maintain, and finance as a government of special purpose for its
424	systems, facilities, services, improvements, infrastructure, and
425	projects and possessing financing powers to fund its management
426	powers over the long term and with sustained levels of high
427	quality.
428	(c)  The creation of the Babcock Ranch Community
429	Independent Special District by and pursuant to this act, and
430	its exercise of its management and related financing powers to
431	implement its limited, single, and special purpose, does not
432	constitute a development order and does not invoke any provision
433	within the meaning of chapter 380, Florida Statutes, and all
434	applicable governmental planning, environmental, and land
435	development laws, regulations, rules, policies, and ordinances
436	apply to all development of the land within the jurisdiction of
437	the district as created by this act.
438	(d)  The district shall operate and function subject to,
439	and not inconsistent with, the Charlotte County comprehensive
440	plan and any applicable development orders, zoning regulations,
441	and other land development regulations.
442	(e)  The special and single purpose Babcock Ranch Community
443	Independent Special District will not have the powers of a
444	general-purpose local government to adopt a comprehensive plan
445	or related land development regulations as those terms are
446	defined in the Local Government Comprehensive Planning and Land
447	Development Regulation Act, part II of chapter 163, Florida
448	Statutes.
449	(f)  This act may be amended, in whole or in part, only by
450	subsequent special act of the Legislature. No amendment to this
451	act that alters the district boundaries or the general or
452	special powers of the district may be considered by the
453	Legislature unless it is accompanied by a resolution or official
454	statement as provided for in section 189.404(2)(e)4., Florida
455	Statutes.
456	Section 3.  Creation and establishment; jurisdiction;
457	construction; charter with legal description.--
458	(1)  The Babcock Ranch Community Independent Special
459	District, which also may be referred to as the "district," is
460	created and incorporated as a public body corporate and politic,
461	an independent, limited, special purpose local government, an
462	independent special district under section 189.404, Florida
463	Statutes, and as defined in this act and section 189.403(3),
464	Florida Statutes, in and for a certain portion of Charlotte
465	County. Any amendments to chapter 190, Florida Statutes, after
466	January 1, 2007, granting additional general powers, special
467	powers, authorities, or projects to a community development
468	district by amendment to its uniform charter, sections 190.006-
469	190.041, Florida Statutes, shall constitute a general power,
470	special power, authority, or function of the Babcock Ranch
471	Community Independent Special District. All notices for the
472	enactment by the Legislature of this special act have been
473	provided pursuant to the State Constitution, laws of the state,
474	and the Rules of the Florida House of Representatives and of the
475	Florida Senate.
476	(2)  The territorial boundary of the district shall embrace
477	and include all of that certain real property as described in
478	section 4.
479	(3)  The jurisdiction of this district, in the exercise of
480	its general and special powers, and in the carrying out of its
481	special purposes, is both within the external boundaries of the
482	legal description of this district and extraterritorially only
483	when expressly authorized by this act or by applicable general
484	law. This special purpose district is created as a public body
485	corporate and politic, with local government authority and power
486	limited by its charter, this act, and subject to the provisions
487	of other general laws, in particular chapter 189, Florida
488	Statutes, except that in the event that a conflict arises
489	between the provisions of applicable general laws and this act,
490	the provisions of this act will control, and the district has
491	jurisdiction to perform such acts and exercise such authorities,
492	functions, and powers as shall be necessary, convenient,
493	incidental, proper, or reasonable for the implementation of its
494	limited, single, and specialized purpose regarding the sound
495	planning, provision, acquisition, development, operation,
496	maintenance, and related financing of those public systems,
497	facilities, services, improvements, projects, and infrastructure
498	works as authorized herein, including those necessary and
499	incidental thereto.
500	(4)  The exclusive charter of the "Babcock Ranch Community
501	Independent Special District" is this act, which may be amended,
502	terminated, or repealed only by special act of the Legislature.
503	Section 4.  Legal description of the Babcock Ranch
504	Community Independent Special District.--
505
506	LEGAL DESCRIPTION. The metes and bounds legal
507	description of the district, within which there are no
508	parcels of property owned by those who do not wish
509	their property to be included within the district, is
510	as follows:
511
512	CHARLOTTE COUNTY PARCEL:
513
514	A parcel of land lying within Sections 29, 31 through
515	33, Township 41 South, Range 26 East, AND, Sections 4
516	through 10, Sections 15 through 17 and Sections 19
517	through 36, Township 42 South, Range 26 East,
518	Charlotte County, Florida, being more particularly
519	described as follows:
520
521	Commence at the Southwest corner of Section 31,
522	Township 42 South, Range 26 East and run S89°41'45"E,
523	along the South line of said Section 31, a distance of
524	50.00 feet to a point on the East right-of-way line of
525	State Road No. 31, said point also being the Point of
526	Beginning of the parcel of land herein described;
527	Thence continue S89°41'45"E a distance of 5,189.75
528	feet to the Northeast corner of Section 6, Township 43
529	South, Range 26 East; Thence S89°41'45"E a distance of
530	5,306.08 feet to the Northeast corner of Section 5,
531	Township 43 South, Range 26 East; Thence S89°37'16"E a
532	distance of 5,289.11 feet to the Northeast corner of
533	Section 4, Township 43 South, Range 26 East; Thence
534	S89°35'44"E a distance of 5,294.60 feet to the
535	Northeast corner of Section 3, Township 43 South,
536	Range 26 East; Thence S89°35'44"E a distance of
537	5,294.60 feet to the Northeast corner of Section 2,
538	Township 43 South, Range 26 East; Thence S89°35'44"E,
539	along the North line of Section 1, Township 43 South,
540	Range 26 East, a distance of 3,430.66 feet; Thence
541	N00°00'40"W a distance of 10,185.53 feet; Thence
542	N05°46'23"E a distance of 1,058.56 feet; Thence
543	N66°40'38"W a distance of 200.62 feet; Thence
544	S83°12'47"W a distance of 1,373.33 feet; Thence
545	N30°17'33"W a distance of 1,686.63 feet; Thence
546	N70°02'41"W a distance of 1,332.41 feet; Thence
547	S72°42'44"W a distance of 1,430.81 feet; Thence
548	N49°18'31"W a distance of 2,362.25 feet; Thence
549	S69°00'57"W a distance of 1,518.19 feet; Thence
550	S21°08'17"W a distance of 865.44 feet; Thence
551	S20°29'11"E a distance of 1,376.91 feet; Thence
552	N74°38'25"E a distance of 1,635.69 feet; Thence
553	S00°18'50"E a distance of 1,309.92 feet; Thence
554	S89°45'02"W a distance of 4,154.48 feet; Thence
555	N51°39'36"W a distance of 782.53 feet; Thence
556	N04°14'12"E a distance of 1,329.59 feet; Thence
557	N39°20'59"W a distance of 1,779.16 feet; Thence
558	N42°01'35"W a distance of 1,162.94 feet; Thence
559	S52°01'16"W a distance of 818.34 feet; Thence
560	S62°56'46"W a distance of 516.42 feet; Thence
561	S89°59'33"W a distance of 307.20 feet; Thence
562	N80°06'18"W a distance of 334.84 feet; Thence
563	N20°54'51"W a distance of 336.86 feet; Thence
564	N05°03'05"E a distance of 533.35 feet; Thence
565	N22°47'49"E a distance of 5,490.82 feet; Thence
566	N55°42'26"E a distance of 195.73 feet; Thence
567	N21°59'06"W a distance of 1,739.17 feet; Thence
568	N52°37'55"E a distance of 867.75 feet; Thence
569	N13°36'57"W a distance of 2,507.33 feet; Thence
570	S78°50'16"W a distance of 687.95 feet; Thence
571	N19°48'25"W a distance of 366.25 feet; Thence
572	N08°01'21"W a distance of 493.32 feet; Thence
573	N03°43'40"E a distance of 687.22 feet; Thence
574	N00°28'20"E a distance of 674.51 feet; Thence
575	N25°12'33"W a distance of 261.13 feet; Thence
576	N42°54'55"W a distance of 643.19 feet; Thence
577	N07°19'37"W a distance of 171.40 feet; Thence
578	N13°05'30"E a distance of 201.96 feet; Thence
579	N32°40'01"W a distance of 186.12 feet; Thence
580	N05°04'15"W a distance of 1,832.77 feet; Thence
581	N19°47'08"W a distance of 527.20 feet; Thence
582	N26°13'22"W a distance of 802.13 feet; Thence
583	S79°06'55"W a distance of 475.20 feet; Thence
584	N74°19'19"W a distance of 1,689.05 feet; Thence
585	N01°26'06"W a distance of 897.42 feet; Thence
586	N89°51'42"W a distance of 67.91 feet; Thence
587	N00°00'03"W a distance of 1,218.37 feet; Thence
588	N39°50'11"W a distance of 190.86 feet; Thence
589	N00°00'29"W a distance of 324.62 feet; Thence
590	N89°59'52"W a distance of 688.20 feet; Thence
591	N00°00'00"E a distance of 1,967.22 feet; Thence
592	N41°13'25"W a distance of 2,825.17 feet; Thence
593	S89°59'57"W a distance of 3,566.80 feet; Thence
594	S00°00'03"E a distance of 2,799.34 feet; Thence
595	S89°11'17"W a distance of 5,960.98 feet to a point
596	lying 50.00 feet East of the East right-of-way line
597	for State Road No. 31; Thence along a line 50.00 feet
598	East of, and parallel with, the East right-of-way line
599	for State Road No. 31, the following courses and
600	distances: S00°48'43"E a distance of 2,976.13 feet and
601	S00°34'01"W a distance of 786.25 feet; Thence
602	S89°25'59"E a distance of 4,104.32 feet; Thence
603	S00°01'22"E a distance of 2,084.04 feet; Thence
604	S16°46'15"E a distance of 1,740.24 feet; Thence
605	S09°11'59"W a distance of 1,325.85 feet; Thence
606	S73°15'18"E a distance of 661.15 feet; Thence
607	N59°20'29"E a distance of 577.75 feet; Thence
608	S38°10'48"E a distance of 551.46 feet; Thence
609	S86°25'58"E a distance of 385.80 feet; Thence
610	S24°01'11"E a distance of 975.12 feet; Thence
611	S57°46'34"E a distance of 530.20 feet; Thence
612	S70°04'12"E a distance of 1,843.47 feet; Thence
613	N63°01'21"E a distance of 1,214.99 feet; Thence
614	S50°03'22"E a distance of 2,565.56 feet; Thence
615	S13°56'09"W a distance of 1,953.90 feet; Thence
616	S12°51'59"E a distance of 1,862.33 feet; Thence
617	S71°59'01"W a distance of 448.53 feet; Thence
618	N45°00'57"W a distance of 266.60 feet; Thence
619	S69°50'23"W a distance of 1,104.27 feet; Thence
620	S28°10'55"E a distance of 1,272.60 feet; Thence
621	S62°45'03"W a distance of 4,638.30 feet; Thence
622	S82°12'01"W a distance of 711.48 feet; Thence
623	S81°38'00"W a distance of 5,167.82 feet; Thence
624	N77°54'41"W a distance of 707.32 feet; Thence
625	N89°28'15"W a distance of 299.98 feet to a point lying
626	50.00 feet East of the East right-of-way line for
627	State Road No. 31; Thence along a line 50.00 feet East
628	of, and parallel with, the East right-of-way line for
629	State Road No. 31, the following courses and
630	distances: S00°31'45"W a distance of 4,197.71 feet,
631	S00°26'10"W a distance of 5,282.33 feet and
632	S00°36'46"W a distance of 5,337.00 feet to the Point
633	of Beginning.
634
635	Containing 13,630.64 acres, more or less.
636
637	Bearings hereinabove mentioned are based on the North
638	line of Section 6, Township 43 South, Range 26 East to
639	bear S89°41'45"E.
640
641	Section 5.  Governing board; members and meetings;
642	organization; powers; duties; terms of office; related election
643	requirements.--
644	(1)  The board shall exercise the powers granted to the
645	district pursuant to this act. The board shall consist of five
646	voting members. Each voting member shall hold office for a term
647	of 4 years, except as otherwise provided herein for initial
648	board members, and until a successor is chosen and qualified.
649	Additionally, Charlotte and Lee Counties, acting through their
650	respective boards of county commissioners, are each entitled,
651	but under no obligation, to appoint one person to act as a
652	representative for the appointing county and liaison to the
653	board. Such person may be appointed to serve as liaison to the
654	board at any time after the initial landowner's meeting and may
655	serve until replaced or removed by the appointing county. Only
656	Charlotte and Lee Counties may appoint liaisons to the board,
657	and only landowners and qualified electors may elect voting
658	members to the board. All members of the board must be residents
659	of the state and citizens of the United States. A board liaison
660	is entitled to receive all meeting notices and board meeting
661	materials in the same manner as a voting member of the board and
662	shall be entitled to be heard at board meetings in the same
663	manner as board members, except that such person shall not be a
664	member of the governing board nor be entitled to vote.
665	(2)(a)  Within 90 days following the effective date of this
666	act, there shall be held a meeting of the landowners of the
667	district for the purpose of electing five members for the
668	district. Notice of the landowners' meeting shall be published
669	once a week for 2 consecutive weeks in a newspaper that is in
670	general circulation in the area of the district, the last day of
671	such publication to be not less than 14 days or more than 28
672	days before the date of the election. The landowners, when
673	assembled at such meeting, shall organize by electing a chair,
674	who shall conduct the meeting. The chair may be any person
675	present at the meeting. If the chair is a landowner or proxy
676	holder of a landowner, he or she may nominate candidates and
677	make and second motions. The landowners present at the meeting,
678	in person or by proxy, shall constitute a quorum. At any
679	landowners' meeting, 50 percent of the district acreage shall
680	not be required to constitute a quorum, and each governing board
681	member elected by landowners shall be elected by a majority of
682	the acreage represented either by owner or proxy present and
683	voting at said meeting.
684	(b)  At such meeting, each landowner shall be entitled to
685	cast one vote per acre of land owned by him or her and located
686	within the district for each person to be elected. A landowner
687	may vote in person or by proxy in writing. Each proxy must be
688	signed by one of the legal owners of the property for which the
689	vote is cast and must contain the typed or printed name of the
690	individual who signed the proxy; the street address, legal
691	description of the property, or tax parcel identification
692	number; and the number of authorized votes. If the proxy
693	authorizes more than one vote, each property must be listed and
694	the number of acres of each property must be included. The
695	signature on a proxy need not be notarized. A fraction of an
696	acre shall be treated as one acre, entitling the landowner to
697	one vote with respect thereto. The two candidates receiving the
698	highest number of votes shall be elected for terms expiring
699	November 30, 2010, and the three candidates receiving the next
700	largest number of votes shall be elected for terms expiring
701	November 30, 2008, with the term of office for each successful
702	candidate commencing upon election. The members of the first
703	board elected by landowners shall serve their respective terms;
704	however, the next election of board members shall be held on the
705	first Tuesday after the first Monday in November 2008.
706	Thereafter, there shall be an election by landowners for the
707	district every 2 years on the first Tuesday after the first
708	Monday in November, which shall be noticed pursuant to paragraph
709	(a). The second and subsequent landowners' election shall be
710	announced at a public meeting of the board at least 90 days
711	prior to the date of the landowners' meeting and shall also be
712	noticed pursuant to paragraph (a). Instructions on how all
713	landowners may participate in the election, along with sample
714	proxies, shall be provided during the board meeting that
715	announces the landowners' meeting. Each member elected in or
716	after November 2008 shall serve a 4-year term.
717	(3)(a)1.  The board may not exercise the ad valorem taxing
718	power or general obligation bond power authorized by this act
719	until such time as all members of the board, except for
720	nonvoting members, are qualified electors who are elected by
721	qualified electors of the district.
722	2.a.  Regardless of whether the district has proposed to
723	levy ad valorem taxes or issue general obligation bonds, board
724	members initially elected by landowners shall be elected by
725	qualified electors of the district as the district becomes
726	populated with qualified electors. The transition shall occur
727	such that the composition of the board, after the first general
728	election following a trigger of the qualified elector population
729	thresholds set forth below, shall be as follows:
730	(I)  Once 4,600 qualified electors reside within the
731	district, one voting board member shall be a person who was
732	elected by the qualified electors, and four voting board members
733	shall be persons who were elected by the landowners.
734	(II)  Once 8,900 qualified electors reside within the
735	district, two voting board members shall be persons who were
736	elected by the qualified electors, and three voting board
737	members shall be persons elected by the landowners.
738	(III)  Once 22,000 qualified electors reside within the
739	district, three voting board members shall be persons who were
740	elected by the qualified electors and two voting board members
741	shall be persons who were elected by the landowners.
742	(IV)  Once 24,000 qualified electors reside within the
743	district, four voting board members shall be persons who were
744	elected by the qualified electors and one voting board member
745	shall be a person who was elected by the landowners.
746	(V)  Once 25,000 qualified electors reside within the
747	district, all five voting board members shall be persons who
748	were elected by the qualified electors.
749
750	Nothing in this sub-subparagraph is intended to require an
751	election prior to the expiration of an existing board member's
752	term.
753	b.  On or before June 1 of each year, the board shall
754	determine the number of qualified electors in the district as of
755	the immediately preceding April 15. The board shall use and rely
756	upon the official records maintained by the supervisor of
757	elections and property appraiser or tax collector in and for
758	Charlotte County in making this determination. Such
759	determination shall be made at a properly noticed meeting of the
760	board and shall become a part of the official minutes of the
761	district.
762	c.  All governing board members elected by qualified
763	electors shall be elected at large at an election occurring as
764	provided in subsection (2) and this subsection.
765	d.  Once the district qualifies to have any of its board
766	members elected by the qualified electors of the district, the
767	initial and all subsequent elections by the qualified electors
768	of the district shall be held at the general election in
769	November. The board shall adopt a resolution if necessary to
770	implement this requirement. The transition process described
771	herein is intended to be in lieu of the process set forth in
772	section 189.4051, Florida Statutes.
773	(b)  Elections of board members by qualified electors held
774	pursuant to this subsection shall be nonpartisan and shall be
775	conducted in the manner prescribed by law for holding general
776	elections. Board members shall assume the office on the second
777	Tuesday after their election.
778	(c)  Candidates seeking election to office by qualified
779	electors under this subsection shall conduct their campaigns in
780	accordance with the provisions of chapter 106, Florida Statutes,
781	and shall file qualifying papers and qualify for individual
782	seats in accordance with section 99.061, Florida Statutes.
783	Candidates shall pay a qualifying fee, which shall consist of a
784	filing fee and, if applicable, an election assessment or, as an
785	alternative, shall file a petition signed by not less than 1
786	percent of the registered voters of the district, and take the
787	oath required in section 99.021, Florida Statutes, with the
788	supervisor of elections in the county affected by such
789	candidacy. The amount of the filing fee is 3 percent of $4,800;
790	however, if the electors have provided for compensation, the
791	amount of the filing fee is 3 percent of the maximum annual
792	compensation so provided. The filing fee and election
793	assessment, if applicable, shall be distributed as provided in
794	section 105.031(3), Florida Statutes.
795	(d)  The supervisor of elections shall appoint the
796	inspectors and clerks of elections, prepare and furnish the
797	ballots, designate polling places, and canvass the returns of
798	the election of board members by qualified electors. The county
799	canvassing board shall declare and certify the results of the
800	election.
801	(4)  Voting members of the board shall be public officers,
802	shall be known as members and, upon entering into office, shall
803	take and subscribe to the oath of office as prescribed by
804	section 876.05, Florida Statutes. Voting members of the board
805	shall be subject to ethics and conflict of interest laws of the
806	state that apply to all local public officers. Voting members of
807	the board shall hold office for the terms for which they were
808	elected and until their successors are chosen and qualified. If,
809	during the term of office, a voting member vacancy occurs, the
810	remaining voting members of the board shall fill each vacancy by
811	an appointment for the remainder of the unexpired term.
812	(5)  Any member of the board may be removed by the Governor
813	for malfeasance, misfeasance, dishonesty, incompetency, or
814	failure to perform the duties imposed upon him or her by this
815	act, and any vacancies that may occur in such office for such
816	reasons shall be filled by the Governor as soon as practicable.
817	(6)  A majority of the voting members of the board
818	constitutes a quorum for the purposes of conducting its business
819	and exercising its powers and for all other purposes. Action
820	taken by the district shall be upon a vote of a majority of the
821	voting members present unless general law or a rule of the
822	district requires a greater number.
823	(7)  As soon as practicable after each election or
824	appointment, the board shall organize by electing one of its
825	voting members as chair and by electing a secretary, who need
826	not be a member of the board, and such other officers as the
827	board may deem necessary.
828	(8)  The board shall keep a permanent record book entitled
829	"Record of Proceedings of Babcock Ranch Community Independent
830	Special District," in which shall be recorded minutes of all
831	meetings, resolutions, proceedings, certificates, bonds given by
832	all employees, and any and all corporate acts. The record book
833	and all other district records shall at reasonable times be
834	opened to inspection in the same manner as state, county, and
835	municipal records pursuant to chapter 119, Florida Statutes. The
836	record book shall be kept at the office or other regular place
837	of business maintained by the board in a designated location in
838	Charlotte County.
839	(9)  Each voting member of the board shall be entitled to
840	receive for his or her services an amount not to exceed $200 per
841	meeting of the board, not to exceed $4,800 per year per member,
842	or an amount established by the electors at referendum. In
843	addition, each voting member of the board shall receive travel
844	and per diem expenses as set forth in section 112.061, Florida
845	Statutes.
846	(10)  All meetings of the board shall be open to the public
847	and governed by the provisions of chapter 286, Florida Statutes.
848	Section 6.  Governing board; general duties.--
849	(1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall
850	employ and fix the compensation of a district manager, who shall
851	have charge and supervision of the works of the district and
852	shall be responsible for preserving and maintaining any
853	improvement or facility constructed or erected pursuant to the
854	provisions of this act, for maintaining and operating the
855	equipment owned by the district, and for performing such other
856	duties as may be prescribed by the board. It shall not be a
857	conflict of interest under chapter 112, Florida Statutes, for a
858	board member, the district manager, or another employee of the
859	district to be a stockholder, officer, or employee of a
860	landowner. The district manager may hire or otherwise employ and
861	terminate the employment of such other persons, including,
862	without limitation, professional, supervisory, and clerical
863	employees, as may be necessary and authorized by the board. The
864	compensation and other conditions of employment of the officers
865	and employees of the district shall be as provided by the board.
866	(2)  TREASURER.--The board shall designate a person who is
867	a resident of the state as treasurer of the district, who shall
868	have charge of the funds of the district. Such funds shall be
869	disbursed only upon the order of or pursuant to a resolution of
870	the board by warrant or check countersigned by the treasurer and
871	by such other person as may be authorized by the board. The
872	board may give the treasurer such other or additional powers and
873	duties as the board may deem appropriate and may fix his or her
874	compensation. The board may require the treasurer to give a bond
875	in such amount, on such terms, and with such sureties as may be
876	deemed satisfactory to the board to secure the performance by
877	the treasurer of his or her powers and duties. The financial
878	records of the board shall be audited by an independent
879	certified public accountant at least once a year.
880	(3)  PUBLIC DEPOSITORY.--The board is authorized to select
881	as a depository for its funds any qualified public depository as
882	defined in section 280.02, Florida Statutes, that meets all the
883	requirements of chapter 280, Florida Statutes, and has been
884	designated by the treasurer as a qualified public depository
885	upon such terms and conditions as to the payment of interest by
886	such depository upon the funds so deposited as the board may
887	deem just and reasonable.
888	(4)  BUDGET; REPORTS AND REVIEWS.--
889	(a)  The district shall provide financial reports in such
890	form and manner as prescribed pursuant to this act and chapter
891	218, Florida Statutes.
892	(b)  On or before July 15 of each year, the district
893	manager shall prepare a proposed budget for the ensuing fiscal
894	year to be submitted to the board for board approval. The
895	proposed budget shall include at the direction of the board an
896	estimate of all necessary expenditures of the district for the
897	ensuing fiscal year and an estimate of income to the district
898	from the taxes and assessments provided in this act. The board
899	shall consider the proposed budget item by item and may either
900	approve the budget as proposed by the district manager or modify
901	the same in part or in whole. The board shall indicate its
902	approval of the budget by resolution, which resolution shall
903	provide for a hearing on the budget as approved. Notice of the
904	hearing on the budget shall be published in a newspaper of
905	general circulation in the area of the district once a week for
906	2 consecutive weeks, except that the first publication shall be
907	not fewer than 15 days prior to the date of the hearing. The
908	notice shall further contain a designation of the day, time, and
909	place of the public hearing. At the time and place designated in
910	the notice, the board shall hear all objections to the budget as
911	proposed and may make such changes as the board deems necessary.
912	At the conclusion of the budget hearing, the board shall, by
913	resolution, adopt the budget as finally approved by the board.
914	The budget shall be adopted prior to October 1 of each year.
915	(c)  At least 60 days prior to adoption, the board of the
916	district shall submit to the Charlotte County Board of County
917	Commissioners, for purposes of disclosure and information only,
918	the proposed annual budget for the ensuing fiscal year, and the
919	board of county commissioners may submit written comments to the
920	board of the district solely for the assistance and information
921	of the board of the district in adopting its annual district
922	budget.
923	(d)  The board of the district shall submit annually to the
924	Charlotte County Board of County Commissioners its district
925	public facilities report under section 189.415(2), Florida
926	Statutes, which report the board of county commissioners shall
927	use and rely on in the preparation or revision of its
928	comprehensive plan, specifically under section 189.415(6),
929	Florida Statutes.
930	(5)  DISCLOSURE OF PUBLIC FINANCING.--The district shall,
931	in accordance with all applicable general law, provide for the
932	full disclosure of information relating to the public financing
933	and maintenance of improvements to real property undertaken by
934	the district. Such information shall be made available to all
935	existing residents and all prospective residents of the
936	district. The district shall furnish each developer of a
937	residential development within the district with sufficient
938	copies of that information to provide each prospective initial
939	purchaser of property in that development with a copy. Any
940	developer of a residential development within the district, when
941	required by law to provide a public offering statement, shall
942	include a copy of such information relating to the public
943	financing and maintenance of improvements in the public offering
944	statement. The Division of Florida Land Sales, Condominiums, and
945	Mobile Homes of the Department of Business and Professional
946	Regulation shall ensure that disclosures made by developers
947	pursuant to chapter 498, Florida Statutes, meet the requirements
948	of section 190.009(1), Florida Statutes.
949	(6)  GENERAL POWERS.--The district shall have, and the
950	board may exercise, the following general powers:
951	(a)  To sue and be sued in the name of the district; to
952	adopt and use a seal and authorize the use of a facsimile
953	thereof; to acquire, by purchase, gift, devise, or otherwise,
954	and to dispose of, real and personal property, or any estate
955	therein; and to make and execute contracts and other instruments
956	necessary or convenient to the exercise of its powers.
957	(b)  To apply for coverage of its employees under the
958	Florida Retirement System in the same manner as if such
959	employees were state employees, subject to necessary action by
960	the district to pay employer contributions into the Florida
961	Retirement System Trust Fund.
962	(c)  To contract for the services of consultants to perform
963	planning, engineering, legal, or other appropriate services of a
964	professional nature. Such contracts shall be subject to public
965	bidding or competitive negotiation requirements as set forth in
966	general law applicable to independent special districts.
967	(d)  To borrow money and accept gifts; to apply for and use
968	grants or loans of money or other property from the United
969	States, the state, a unit of local government, or any person for
970	any district purposes and enter into agreements required in
971	connection therewith; and to hold, use, and dispose of such
972	moneys or property for any district purposes in accordance with
973	the terms of the gift, grant, loan, or agreement relating
974	thereto.
975	(e)  To adopt and enforce rules and orders pursuant to the
976	provisions of chapter 120, Florida Statutes, prescribing the
977	powers, duties, and functions of the officers of the district;
978	the conduct of the business of the district; the maintenance of
979	records; and the form of certificates evidencing tax liens and
980	all other documents and records of the district. The board may
981	also adopt and enforce administrative rules with respect to any
982	of the projects of the district and define the area to be
983	included therein. The board may also adopt resolutions that may
984	be necessary for the conduct of district business.
985	(f)  To maintain an office at such place or places as the
986	board designates in Charlotte County, and within the district
987	when facilities are available.
988	(g)  To hold, control, and acquire by donation or purchase,
989	or dispose of, any public easements, dedications to public use,
990	platted reservations for public purposes, or any reservations
991	for those purposes authorized by this act and to make use of
992	such easements, dedications, or reservations for the purposes
993	authorized by this act.
994	(h)  To lease as lessor or lessee to or from any person,
995	firm, corporation, association, or body, public or private, any
996	projects of the type that the district is authorized to
997	undertake and facilities or property of any nature for the use
998	of the district to carry out the purposes authorized by this
999	act.
1000	(i)  To borrow money and issue bonds, certificates,
1001	warrants, notes, or other evidence of indebtedness as
1002	hereinafter provided; to levy such taxes and assessments as may
1003	be authorized; and to charge, collect, and enforce fees and
1004	other user charges.
1005	(j)  To raise, by user charges or fees authorized by
1006	resolution of the board, amounts of money necessary for the
1007	conduct of district activities and services and to enforce their
1008	receipt and collection in the manner prescribed by resolution
1009	not inconsistent with law.
1010	(k)  To cooperate with, or contract with, other
1011	governmental agencies as may be necessary, convenient,
1012	incidental, or proper in connection with any of the powers,
1013	duties, or purposes authorized by this act.
1014	(l)  To assess and to impose upon lands in the district ad
1015	valorem taxes as provided by this act.
1016	(m)  If and when authorized by general law, to determine,
1017	order, levy, impose, collect, and enforce maintenance taxes.
1018	(n)  To determine, order, levy, impose, collect, and
1019	enforce assessments pursuant to this act and the general laws of
1020	the state.
1021	(o)  To hold, control and acquire by donation, purchase, or
1022	condemnation (subject to the limitation on the district's
1023	eminent domain powers as set forth below), or dispose of, any
1024	public easements, dedications to public use, platted
1025	reservations for public purposes, or any reservations for those
1026	purposes authorized by this act, both within and outside the
1027	boundaries of the district, and to make use of such easements,
1028	dedications, or reservations for the purposes authorized by this
1029	act.
1030	(p)  To exercise within the district, or beyond the
1031	district with prior approval by resolution of the governing body
1032	of the county in which the taking will occur, the right and
1033	power of eminent domain, pursuant to the provisions of chapters
1034	73 and 74, Florida Statutes, over any property within the state,
1035	except municipal, county, state, and federal property, for the
1036	uses and purposes of the district relating solely to water,
1037	sewer, transportation improvements as outlined in subsection
1038	(7), and water management, specifically including, without
1039	limitation, the power for the taking of easements for the
1040	drainage of the land of one person over and through the land of
1041	another.
1042	(q)  To exercise such special powers and other express
1043	powers as may be authorized and granted by this act in the
1044	charter of the district, including powers as provided in any
1045	interlocal agreement entered into pursuant to chapter 163,
1046	Florida Statutes, or that shall be required or permitted to be
1047	undertaken by the district pursuant to any development order or
1048	development of regional impact, or any other agreement with
1049	Charlotte County or other governmental entities, including,
1050	without limitation, any school district, sheriff, fire district,
1051	drainage district, and health care district for proportionate,
1052	fair-share, or pipelining capital construction funding for any
1053	certain capital facilities or systems required from the
1054	development pursuant to any applicable development order or
1055	agreement.
1056	(r)  To exercise all of the powers necessary, convenient,
1057	incidental, or proper in connection with any other powers or
1058	duties or the special purpose of the district authorized by this
1059	act.
1060	(s)  To carry out any conditions of any development
1061	approval, development order, or agreement applicable to the
1062	development of the Babcock Ranch Community that relates to the
1063	provisions of infrastructure, including roads and other on-site
1064	and off-site improvements and any surety obligations relating
1065	thereto.
1066
1067	The provisions of this subsection shall be construed liberally
1068	in order to carry out effectively the specialized purpose of
1069	this act.
1070	(7)  SPECIAL POWERS.--The district shall have, and the
1071	board may exercise, the following special powers to implement
1072	its lawful and special purpose and to provide, pursuant to that
1073	purpose, systems, facilities, services, improvements, projects,
1074	works, and infrastructure, each of which constitutes a lawful
1075	public purpose when exercised pursuant to this charter, subject
1076	to, and not inconsistent with, the regulatory jurisdiction and
1077	permitting authority of all other applicable governmental
1078	bodies, agencies, and any special districts having authority
1079	with respect to any area included therein, and to plan,
1080	establish, acquire, construct or reconstruct, enlarge or extend,
1081	equip, operate, finance, fund, and maintain improvements,
1082	systems, facilities, services, works, projects, and
1083	infrastructure, including, without limitation, any obligations
1084	pursuant to a development order or agreement. Any or all of the
1085	following special powers are granted by this act in order to
1086	implement the special purpose of the district:
1087	(a)  To provide water management and control for the lands
1088	within the district and to connect some or any of such
1089	facilities with roads and bridges. In the event that the board
1090	assumes the responsibility for providing water management and
1091	control for the district that is to be financed by benefit
1092	special assessments, the board shall adopt plans and assessments
1093	pursuant to law or may adopt water management and control plans,
1094	assess for benefits, and apportion and levy special assessments,
1095	as follows:
1096	1.  The board shall cause to be made by the district's
1097	engineer, or such other engineer or engineers as the board may
1098	employ for that purpose, complete and comprehensive water
1099	management and control plans for the lands located within the
1100	district that will be improved in any part or in whole by any
1101	system of facilities that may be outlined and adopted, and the
1102	engineer shall make a report in writing to the board with maps
1103	and profiles of said surveys and an estimate of the cost of
1104	carrying out and completing the plans.
1105	2.  Upon the completion of such plans, the board shall hold
1106	a hearing thereon to hear objections thereto; shall give notice
1107	of the time and place fixed for such hearing by publication once
1108	each week for 2 consecutive weeks in a newspaper of general
1109	circulation in the general area of the district; and shall
1110	permit the inspection of the plan at the office of the district
1111	by all persons interested. All objections to the plan shall be
1112	filed at or before the time fixed in the notice for the hearing
1113	and shall be in writing.
1114	3.  After the hearing, the board shall consider the
1115	proposed plan and any objections thereto and may modify, reject,
1116	or adopt the plan or continue the hearing until a day certain
1117	for further consideration of the proposed plan or modifications
1118	thereof.
1119	4.  When the board approves a plan, a resolution shall be
1120	adopted and a certified copy thereof shall be filed in the
1121	office of the secretary and incorporated by him or her into the
1122	records of the district.
1123	5.  The water management and control plan may be altered in
1124	detail from time to time until the appraisal record herein
1125	provided is filed but not in such manner as to affect materially
1126	the conditions of its adoption. After the appraisal record has
1127	been filed, no alteration of the plan shall be made, except as
1128	provided by this act.
1129	6.  Within 20 days after the final adoption of the plan by
1130	the board, the board shall proceed pursuant to section 298.301,
1131	Florida Statutes.
1132	(b)  To provide for water supply, sewer, and wastewater
1133	management, reclamation, and reuse, or any combination thereof,
1134	and any irrigation systems, facilities, and services and to
1135	construct and operate connecting intercepting or outlet sewers
1136	and sewer mains and pipes and water mains, conduits, or
1137	pipelines in, along, and under any street, alley, highway, or
1138	other public place or ways, and to dispose of any effluent,
1139	residue, or other byproducts of such system or sewer system.
1140	1.  The district may not purchase or sell a water, sewer,
1141	or wastewater reuse utility that provides service to the public
1142	for compensation, or enter into a wastewater facility
1143	privatization contract for a wastewater facility, until the
1144	governing body of the district has held a public hearing on the
1145	purchase, sale, or wastewater facility privatization contract
1146	and made a determination that the purchase, sale, or wastewater
1147	facility privatization contract is in the public interest.
1148	2.  In determining if the purchase, sale, or wastewater
1149	facility privatization contract is in the public interest, the
1150	district shall consider, at a minimum, the following:
1151	a.  The most recent available income and expense statement
1152	for the utility.
1153	b.  The most recent available balance sheet for the
1154	utility, listing assets and liabilities and clearly showing the
1155	amount of contributions in aid of construction and the
1156	accumulated depreciation thereon.
1157	c.  A statement of the existing rate base of the utility
1158	for regulatory purposes.
1159	d.  The physical condition of the utility facilities being
1160	purchased or sold or subject to a wastewater facility
1161	privatization contract.
1162	e.  The reasonableness of the purchase, sale, or wastewater
1163	facility privatization contract price and terms.
1164	f.  The impacts of the purchase, sale, or wastewater
1165	facility privatization contract on utility customers, both
1166	positive and negative.
1167	g.  Any additional investment required and the ability and
1168	willingness of the purchaser or the private firm under a
1169	wastewater facility privatization contract to make that
1170	investment, whether the purchaser is the district or the entity
1171	purchasing the utility from the district.
1172	h.  In the case of a wastewater facility privatization
1173	contract, the terms and conditions on which the private firm
1174	will provide capital investment and financing or a combination
1175	thereof for contemplated capital replacements, additions,
1176	expansions, and repairs.
1177	i.  The alternatives to the purchase, sale, or wastewater
1178	facility privatization contract and the potential impact on
1179	utility customers if the purchase, sale, or wastewater facility
1180	privatization contract is not made.
1181	j.  The ability of the purchaser or the private firm under
1182	a wastewater facility privatization contract to provide and
1183	maintain high-quality and cost-effective utility service,
1184	whether the purchaser is the district or the entity purchasing
1185	the utility from the district.
1186	k.  In the case of a wastewater facility privatization
1187	contract, the district shall give significant weight to the
1188	technical expertise and experience of the private firm in
1189	carrying out the obligations specified in the wastewater
1190	facility privatization contract.
1191	1.  All moneys paid by a private firm to a district
1192	pursuant to a wastewater facility privatization contract shall
1193	be used for the purpose of reducing or offsetting property
1194	taxes, wastewater service rates, or debt reduction or making
1195	infrastructure improvements or capital asset expenditures or
1196	other public purpose, provided, however, that nothing herein
1197	shall preclude the district from using all or part of the moneys
1198	for the purpose of the district's qualification for relief from
1199	the repayment of federal grant awards associated with the
1200	wastewater system as may be required by federal law or
1201	regulation. The district shall prepare a statement showing that
1202	the purchase, sale, or wastewater facility privatization
1203	contract is in the public interest, including a summary of the
1204	purchaser's or private firm's experience in water, sewer, or
1205	wastewater reuse utility operation and a showing of financial
1206	ability to provide the service, whether the purchaser or private
1207	firm is the district or the entity purchasing the utility from
1208	the district.
1209	(c)  To provide for bridges or culverts that may be needed
1210	across any drain, ditch, canal, floodway, holding basin,
1211	excavation, public highway, tract, grade, fill, or cut and
1212	roadways over levees and embankments, and to construct any and
1213	all of such works and improvements across, through, or over any
1214	public right-of-way, highway, grade, fill, or cut.
1215	(d)  To provide for transportation and transportation-
1216	related improvements equal to or exceeding the specifications of
1217	the county in which such transportation improvements are
1218	located, which specifications may include, but not be limited
1219	to, those outlined in conditions of development approval. Such
1220	transportation and transportation-related improvements may
1221	include, but are not limited to, highways, streets, roads,
1222	alleys, trails, pathways, sidewalks, parkways, bicycle lanes,
1223	jogging paths, interchanges, bridges, thoroughfares of all kinds
1224	and descriptions, landscaping, hardscaping, irrigation, storm
1225	drains, street lighting, traffic signals, regulatory or
1226	informational signage, road striping, underground conduit,
1227	underground cable or fiber or wire, parking facilities, and all
1228	other related elements of a functioning transportation system in
1229	general or as related to the conditions of a development
1230	approval affecting the Babcock Ranch Community. Such
1231	transportation improvements may be located on-site or off-site;
1232	provided, however, that any off-site transportation improvements
1233	must be required or approved by the local general purpose
1234	government in which they are located.
1235	(e)  To provide buses, trolleys, transit shelters and
1236	services, ridesharing facilities and services, parking
1237	improvements, and related signage.
1238	(f)  To provide investigation and remediation costs
1239	associated with the cleanup of actual or perceived environmental
1240	contamination within the district under the supervision or
1241	direction of a competent governmental authority unless the
1242	covered costs benefit any person who is a landowner within the
1243	district and who caused or contributed to the contamination.
1244	(g)  To provide for observation areas, conservation areas,
1245	mitigation areas, wildlife areas and wildlife habitat within or
1246	outside the district, including the maintenance of any plant or
1247	animal species, and any related interest in real or personal
1248	property.
1249	(h)  To provide for parks and facilities for indoor and
1250	outdoor recreational, cultural, educational, and library uses.
1251	(i)  To provide for fire prevention and control, including
1252	fire stations, water mains and plugs, fire trucks, and other
1253	vehicles and equipment.
1254	(j)  To establish and maintain emergency medical and rescue
1255	response services, and acquire and maintain rescue, medical, and
1256	other emergency equipment.
1257	(k)  To provide for school buildings and related
1258	structures, which may be leased, sold, or donated to the school
1259	district, for use in the educational system when authorized by
1260	the affected school board. The district is granted the special
1261	power to contract with the school boards of Charlotte and Lee
1262	counties and, as applicable, the boards of county commissioners
1263	of Charlotte and Lee Counties, and with the applicable landowner
1264	developer of the lands within the district, to assess the school
1265	district educational facilities plan, and to implement a
1266	management and financing plan for timely construction,
1267	maintenance, and acquisition, at the option of the district, of
1268	school facilities, including facilities identified in the
1269	facilities work programs or those proposed by charter schools.
1270	The district is granted the special power to determine, order,
1271	levy, impose, collect, or arrange for the collection and
1272	enforcement of assessments, as defined in and pursuant to this
1273	act, for such school facilities. The district is eligible for
1274	the financial enhancements available to educational facility
1275	benefit districts to provide for financing the construction and
1276	maintenance of educational facilities pursuant to section
1277	1013.356, Florida Statutes, and, if and when authorized by
1278	general law, to acquire such educational facilities. This act,
1279	in the place of an educational facilities benefit district,
1280	authorizes the affected school board to designate the district.
1281	The district is authorized to enter into an interlocal agreement
1282	with the affected school board and, as applicable, the affected
1283	county, and applicable private landowners and developers in
1284	order to provide for such construction, maintenance, and
1285	acquisition and in order to receive the applicable financial
1286	enhancements provided by section 1013.356, Florida Statutes. The
1287	interlocal agreement shall consider, among other things,
1288	absorption rates, sales rates, and related data of existing and
1289	projected schools; racial, ethnic, social, and economic balance
1290	within the affected school district under applicable state and
1291	federal law; and the provision of school attendance zones to
1292	allow students residing within a reasonable distance of the
1293	facilities constructed and financed through the interlocal
1294	agreement to attend such facilities. Because these facilities
1295	are funded by assessments and not by taxes of any type, the
1296	provision of these facilities may be multiuse and, consistent
1297	with the provisions of this act, shall be first liens on the
1298	property upon a showing of special and peculiar benefits that
1299	flow to the property within the jurisdiction of the district as
1300	a logical connection from the systems, facilities, and services,
1301	resulting in added use, enhanced enjoyment, decreased insurance
1302	premiums, or enhanced value in marketability so that the
1303	Legislature finds that the provisions of the Florida
1304	Constitution for free public schools is implemented and
1305	enhanced. Nothing herein requires any change in the method of
1306	election of the governing board of the district provided for in
1307	section 5.
1308	(l)  To provide for security, including, but not limited
1309	to, guardhouses, fences, and gates, electronic intrusion-
1310	detection systems, and patrol cars, when authorized by proper
1311	governmental agencies; provided, however, the district may not
1312	exercise any powers of a law enforcement agency but may contract
1313	with the appropriate local general-purpose government agencies
1314	for an increased level of such services within the district
1315	boundaries. The district may operate guardhouses for the limited
1316	purpose of providing security for the residents of the district
1317	and that serve a predominate public, as opposed to private,
1318	purpose. Such guardhouses shall be operated by the district or
1319	any other unit of local government pursuant to procedures
1320	designed to serve such security purposes as set forth in rules
1321	adopted by the board, from time to time, following the
1322	procedures set forth in chapter 120, Florida Statutes.
1323	(m)  To provide control and elimination of mosquitoes and
1324	other arthropods of public health importance.
1325	(n)  To provide waste collection and disposal.
1326	(o)  To enter into impact fee credit agreements with
1327	Charlotte and Lee Counties and their respective school boards.
1328	Under such agreements, if the district constructs or makes
1329	contributions for public systems, facilities, services,
1330	projects, improvements, works, and infrastructures for which
1331	impact fee credits would be available to the landowner developer
1332	under the applicable impact fee ordinance, the agreement
1333	authorized by this act shall provide that such impact fee credit
1334	shall inure to the landowners within the district in proportion
1335	to assessments or other burdens levied and imposed upon the
1336	landowners with respect to assessable improvements giving rise
1337	to such impact fee credits, and the district shall from time to
1338	time execute such instruments, such as assignments of impact fee
1339	credits, as may be necessary, appropriate, or desirable to
1340	accomplish or to confirm the foregoing.
1341	(p)  To provide buildings and structures for district
1342	offices, maintenance facilities, meeting facilities, town
1343	centers, or any other project authorized or granted by this act.
1344	(q)  To establish and create, at noticed meetings, such
1345	governmental departments of the governing board of the district,
1346	as well as committees, task forces, boards, or commissions, or
1347	other agencies under the supervision and control of the
1348	district, as from time to time the members of the board may deem
1349	necessary or desirable in the performance of the acts or other
1350	things necessary to exercise the board's general or special
1351	powers to implement an innovative project to carry out the
1352	special purpose of the district as provided in this act and to
1353	delegate the exercise of its powers to such departments, boards,
1354	task forces, committees, or other agencies and such
1355	administrative duties and other powers as the board may deem
1356	necessary or desirable, but only if there is a set of expressed
1357	limitations for accountability, notice, and periodic written
1358	reporting to the board that shall retain the powers of the
1359	board.
1360	(r)  To provide for any facilities or improvements that may
1361	otherwise be provided for by any county or municipality,
1362	including, but not limited to, libraries, annexes, substations,
1363	and other buildings to house public officials, staff, and
1364	employees.
1365	(s)  To provide for affordable housing and affordable
1366	housing assistance in accordance with section 189.4155(6),
1367	Florida Statutes, and other provisions of general law.
1368	(t)  To provide for the construction and operation of
1369	communications systems and related infrastructure for the
1370	carriage and distribution of communications services, and to
1371	enter into joint ventures, public-private partnerships, and
1372	other agreements and to grant such easements as may be necessary
1373	to accomplish the foregoing. Communications systems shall mean
1374	all facilities, buildings, equipment, items, and methods
1375	necessary or desirable in order to provide communications
1376	services, including, without limitation, wires, cables,
1377	conduits, wireless cell sites, computers, modems, satellite
1378	antennae sites, transmission facilities, network facilities, and
1379	appurtenant devices necessary and appropriate to support the
1380	provision of communications services. Communications services
1381	includes without limitation internet, voice telephone or similar
1382	services provided by voice over internet protocol, cable
1383	television, data transmission services, electronic security
1384	monitoring services, and multi-channel video programming
1385	distribution services.
1386	(u)  To provide electricity and related infrastructure and
1387	to enter into public-private partnerships and agreements as may
1388	be necessary to accomplish the foregoing.
1389	(v)  To provide health care facilities and to enter into
1390	public-private partnerships and agreements as may be necessary
1391	to accomplish the foregoing.
1392	(w)  To coordinate, work with, and, as the board deems
1393	appropriate, enter into interlocal agreements with any public or
1394	private entity for the provision of an institution or
1395	institutions of higher education.
1396	(x)  To exercise its general and special powers as set
1397	forth in this act within or without the boundaries of the
1398	district when the subject of such exercise is approved or
1399	required by a development order, or is the subject of an
1400	agreement with the county, school district, or with any other
1401	applicable public or private entity, and is not inconsistent
1402	with the effective local comprehensive plans.
1403
1404	The enumeration of special powers herein shall not be deemed
1405	exclusive or restrictive but shall be deemed to incorporate all
1406	powers, express or implied, necessary or incident to carrying
1407	out such enumerated special powers, including the general powers
1408	provided by this special act charter to the district to
1409	implement its single purpose. Further, the provisions of this
1410	subsection shall be construed liberally in order to carry out
1411	effectively the special purpose of this district under this act.
1412	However, nothing contained herein shall relieve the district of
1413	its obligation to obtain a resolution from the affected county
1414	prior to exercising its eminent domain authority outside of the
1415	district boundaries pursuant to section 6.
1416	(8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
1417	the other powers provided for in this act, and not in limitation
1418	thereof, the district shall have the power, at any time and from
1419	time to time after the issuance of any bonds of the district
1420	shall have been authorized, to borrow money for the purposes for
1421	which such bonds are to be issued in anticipation of the receipt
1422	of the proceeds of the sale of such bonds and to issue bond
1423	anticipation notes in a principal sum not in excess of the
1424	authorized maximum amount of such bond issue. Such notes shall
1425	be in such denomination or denominations, bear interest at such
1426	rate as the board may determine not to exceed the maximum rate
1427	allowed by general law, mature at such time or times not later
1428	than 5 years from the date of issuance, and be in such form and
1429	executed in such manner as the board shall prescribe. Such notes
1430	may be sold at either public or private sale or, if such notes
1431	shall be renewal notes, may be exchanged for notes then
1432	outstanding on such terms as the board shall determine. Such
1433	notes shall be paid from the proceeds of such bonds when issued.
1434	The board may, in its discretion, in lieu of retiring the notes
1435	by means of bonds, retire them by means of current revenues or
1436	from any taxes or assessments levied for the payment of such
1437	bonds, but, in such event, a like amount of the bonds authorized
1438	shall not be issued.
1439	(9)  BORROWING.--The district at any time may obtain loans,
1440	in such amount and on such terms and conditions as the board may
1441	approve, for the purpose of paying any of the expenses of the
1442	district or any costs incurred or that may be incurred in
1443	connection with any of the projects of the district, which loans
1444	shall bear interest as the board determines, not to exceed the
1445	maximum rate allowed by general law, and may be payable from and
1446	secured by a pledge of such funds, revenues, taxes, and
1447	assessments as the board may determine, subject, however, to the
1448	provisions contained in any proceeding under which bonds were
1449	theretofore issued and are then outstanding. For the purpose of
1450	defraying such costs and expenses, the district may issue
1451	negotiable notes, warrants, or other evidences of debt to be
1452	payable at such times and to bear such interest as the board may
1453	determine, not to exceed the maximum rate allowed by general
1454	law, and to be sold or discounted at such price or prices not
1455	less than 95 percent of par value and on such terms as the board
1456	may deem advisable. The board shall have the right to provide
1457	for the payment thereof by pledging the whole or any part of the
1458	funds, revenues, taxes, and assessments of the district. The
1459	approval of the electors residing in the district shall not be
1460	necessary except when required by the State Constitution.
1461	(10)  BONDS.--
1462	(a)  Sale of bonds.--Bonds may be sold in blocks or
1463	installments at different times, or an entire issue or series
1464	may be sold at one time. Bonds may be sold at public or private
1465	sale after such advertisement, if any, as the board may deem
1466	advisable but not in any event at less than 90 percent of the
1467	par value thereof, together with accrued interest thereon. Bonds
1468	may be sold or exchanged for refunding bonds. Special assessment
1469	and revenue bonds may be delivered by the district as payment of
1470	the purchase price of any project or part thereof, or a
1471	combination of projects or parts thereof, or as the purchase
1472	price or exchange for any property, real, personal, or mixed,
1473	including franchises or services rendered by any contractor,
1474	engineer, or other person, all at one time or in blocks from
1475	time to time, in such manner and upon such terms as the board in
1476	its discretion shall determine. The price or prices for any
1477	bonds sold, exchanged, or delivered may be:
1478	1.  The money paid for the bonds.
1479	2.  The principal amount, plus accrued interest to the date
1480	of redemption or exchange, or outstanding obligations exchanged
1481	for refunding bonds.
1482	3.  In the case of special assessment or revenue bonds, the
1483	amount of any indebtedness to contractors or other persons paid
1484	with such bonds, or the fair value of any properties exchanged
1485	for the bonds, as determined by the board.
1486	(b)  Authorization and form of bonds.--Any general
1487	obligation bonds, special assessment bonds, or revenue bonds may
1488	be authorized by resolution or resolutions of the board that
1489	shall be adopted by a majority of all the voting members thereof
1490	then in office. Such resolution or resolutions may be adopted at
1491	the same meeting at which they are introduced and need not be
1492	published or posted. The board may, by resolution, authorize the
1493	issuance of bonds and fix the aggregate amount of bonds to be
1494	issued; the purpose or purposes for which the moneys derived
1495	therefrom shall be expended, including, but not limited to,
1496	payment of costs as defined in this act; the rate or rates of
1497	interest, not to exceed the maximum rate allowed by general law;
1498	the denomination of the bonds; whether or not the bonds are to
1499	be issued in one or more series; the date or dates of maturity,
1500	which shall not exceed 40 years from their respective dates of
1501	issuance; the medium of payment; the place or places within or
1502	without the state at which payment shall be made; registration
1503	privileges; redemption terms and privileges, whether with or
1504	without premium; the manner of execution; the form of the bonds,
1505	including any interest coupons to be attached thereto; the
1506	manner of execution of bonds and coupons; and any and all other
1507	terms, covenants, and conditions thereof and the establishment
1508	of revenue or other funds. Such authorizing resolution or
1509	resolutions may further provide for the contracts authorized by
1510	section 159.825(1)(f) and (g), Florida Statutes, regardless of
1511	the tax treatment of such bonds being authorized, subject to the
1512	finding by the board of a net saving to the district resulting
1513	by reason thereof. Such authorizing resolution may further
1514	provide that such bonds may be executed in accordance with the
1515	Registered Public Obligations Act, except that bonds not issued
1516	in registered form shall be valid if manually countersigned by
1517	an officer designated by appropriate resolution of the board.
1518	The seal of the district may be affixed, lithographed, engraved,
1519	or otherwise reproduced in facsimile on such bonds. In case any
1520	officer whose signature shall appear on any bonds or coupons
1521	shall cease to be such officer before the delivery of such
1522	bonds, such signature or facsimile shall nevertheless be valid
1523	and sufficient for all purposes the same as if he or she had
1524	remained in office until such delivery.
1525	(c)  Interim certificates; replacement
1526	certificates.--Pending the preparation of definitive bonds, the
1527	board may issue interim certificates or receipts or temporary
1528	bonds, in such form and with such provisions as the board may
1529	determine, exchangeable for definitive bonds when such bonds
1530	have been executed and are available for delivery. The board may
1531	also provide for the replacement of any bonds that become
1532	mutilated, lost, or destroyed.
1533	(d)  Negotiability of bonds.--Any bond issued under this
1534	act or any temporary bond, in the absence of an express recital
1535	on the face thereof that it is nonnegotiable, shall be fully
1536	negotiable and shall be and constitute a negotiable instrument
1537	within the meaning and for all purposes of the law merchant and
1538	the laws of the state.
1539	(e)  Defeasance.--The board may make such provision with
1540	respect to the defeasance of the right, title, and interest of
1541	the holders of any of the bonds and obligations of the district
1542	in any revenues, funds, or other properties by which such bonds
1543	are secured as the board deems appropriate and, without
1544	limitation on the foregoing, may provide that when such bonds or
1545	obligations become due and payable or shall have been called for
1546	redemption and the whole amount of the principal and interest
1547	and premium, if any, due and payable upon the bonds or
1548	obligations then outstanding shall be held in trust for such
1549	purpose, and provision shall also be made for paying all other
1550	sums payable in connection with such bonds or other obligations,
1551	then and in such event the right, title, and interest of the
1552	holders of the bonds in any revenues, funds, or other properties
1553	by which such bonds are secured shall thereupon cease,
1554	terminate, and become void; and the board may apply any surplus
1555	in any sinking fund established in connection with such bonds or
1556	obligations and all balances remaining in all other funds or
1557	accounts other than moneys held for the redemption or payment of
1558	the bonds or other obligations to any lawful purpose of the
1559	district as the board shall determine.
1560	(f)  Issuance of additional bonds.--If the proceeds of any
1561	bonds are less than the cost of completing the project in
1562	connection with which such bonds were issued, the board may
1563	authorize the issuance of additional bonds, upon such terms and
1564	conditions as the board may provide in the resolution
1565	authorizing the issuance thereof, but only in compliance with
1566	the resolution or other proceedings authorizing the issuance of
1567	the original bonds.
1568	(g)  Refunding bonds.--The district shall have the power to
1569	issue bonds to provide for the retirement or refunding of any
1570	bonds or obligations of the district that at the time of such
1571	issuance are or subsequent thereto become due and payable, or
1572	that at the time of issuance have been called or are or will be
1573	subject to call for redemption within 10 years thereafter, or
1574	the surrender of which can be procured from the holders thereof
1575	at prices satisfactory to the board. Refunding bonds may be
1576	issued at any time that in the judgment of the board such
1577	issuance will be advantageous to the district. No approval of
1578	the qualified electors residing in the district shall be
1579	required for the issuance of refunding bonds except in cases in
1580	which such approval is required by the State Constitution. The
1581	board may by resolution confer upon the holders of such
1582	refunding bonds all rights, powers, and remedies to which the
1583	holders would be entitled if they continued to be the owners and
1584	had possession of the bonds for the refinancing of which such
1585	refunding bonds are issued, including, but not limited to, the
1586	preservation of the lien of such bonds on the revenues of any
1587	project or on pledged funds, without extinguishment, impairment,
1588	or diminution thereof. The provisions of this act pertaining to
1589	bonds of the district shall, unless the context otherwise
1590	requires, govern the issuance of refunding bonds, the form and
1591	other details thereof, the rights of the holders thereof, and
1592	the duties of the board with respect to them.
1593	(h)  Revenue bonds.--
1594	1.  The district shall have the power to issue revenue
1595	bonds from time to time without limitation as to amount. Such
1596	revenue bonds may be secured by, or payable from, the gross or
1597	net pledge of the revenues to be derived from any project or
1598	combination of projects; from the rates, fees, or other charges
1599	to be collected from the users of any project or projects; from
1600	any revenue-producing undertaking or activity of the district;
1601	from special assessments; or from benefit special assessments;
1602	or from any other source or pledged security. Such bonds shall
1603	not constitute an indebtedness of the district, and the approval
1604	of the qualified electors shall not be required unless such
1605	bonds are additionally secured by the full faith and credit and
1606	taxing power of the district.
1607	2.  Any two or more projects may be combined and
1608	consolidated into a single project and may hereafter be operated
1609	and maintained as a single project. The revenue bonds authorized
1610	herein may be issued to finance any one or more of such
1611	projects, regardless of whether or not such projects have been
1612	combined and consolidated into a single project. If the board
1613	deems it advisable, the proceedings authorizing such revenue
1614	bonds may provide that the district may thereafter combine the
1615	projects then being financed or theretofore financed with other
1616	projects to be subsequently financed by the district and that
1617	revenue bonds to be thereafter issued by the district shall be
1618	on parity with the revenue bonds then being issued, all on such
1619	terms, conditions, and limitations as shall have been provided
1620	in the proceeding which authorized the original bonds.
1621	(i)  General obligation bonds.--
1622	1.  Subject to the limitations of this charter, the
1623	district shall have the power from time to time to issue general
1624	obligation bonds to finance or refinance capital projects or to
1625	refund outstanding bonds in an aggregate principal amount of
1626	bonds outstanding at any one time not in excess of 35 percent of
1627	the assessed value of the taxable property within the district
1628	as shown on the pertinent tax records at the time of the
1629	authorization of the general obligation bonds for which the full
1630	faith and credit of the district is pledged. Except for
1631	refunding bonds, no general obligation bonds shall be issued
1632	unless the bonds are issued to finance or refinance a capital
1633	project and the issuance has been approved at an election held
1634	in accordance with the requirements for such election as
1635	prescribed by the State Constitution. Such elections shall be
1636	called to be held in the district by the Board of County
1637	Commissioners of Charlotte County upon the request of the board
1638	of the district. The expenses of calling and holding an election
1639	shall be at the expense of the district, and the district shall
1640	reimburse the county for any expenses incurred in calling or
1641	holding such election.
1642	2.  The district may pledge its full faith and credit for
1643	the payment of the principal and interest on such general
1644	obligation bonds and for any reserve funds provided therefor and
1645	may unconditionally and irrevocably pledge itself to levy ad
1646	valorem taxes on all taxable property in the district, to the
1647	extent necessary for the payment thereof, without limitation as
1648	to rate or amount.
1649	3.  If the board determines to issue general obligation
1650	bonds for more than one capital project, the approval of the
1651	issuance of the bonds for each and all such projects may be
1652	submitted to the electors on one and the same ballot. The
1653	failure of the electors to approve the issuance of bonds for any
1654	one or more capital projects shall not defeat the approval of
1655	bonds for any capital project that has been approved by the
1656	electors.
1657	4.  In arriving at the amount of general obligation bonds
1658	permitted to be outstanding at any one time pursuant to
1659	subparagraph 1., there shall not be included any general
1660	obligation bonds that are additionally secured by the pledge of:
1661	a.  Any assessments levied in an amount sufficient to pay
1662	the principal and interest on the general obligation bonds so
1663	additionally secured, which assessments have been equalized and
1664	confirmed by resolution of the board pursuant to this act or
1665	section 170.08, Florida Statutes.
1666	b.  Water revenues, sewer revenues, or water and sewer
1667	revenues of the district to be derived from user fees in an
1668	amount sufficient to pay the principal and interest on the
1669	general obligation bonds so additionally secured.
1670	c.  Any combination of assessments and revenues described
1671	in sub-subparagraphs a. and b.
1672	(j)  Bonds as legal investment or security.--
1673	1.  Notwithstanding any provisions of any other law to the
1674	contrary, all bonds issued under the provisions of this act
1675	shall constitute legal investments for savings banks, banks,
1676	trust companies, insurance companies, executors, administrators,
1677	trustees, guardians, and other fiduciaries and for any board,
1678	body, agency, instrumentality, county, municipality, or other
1679	political subdivision of the state and shall be and constitute
1680	security that may be deposited by banks or trust companies as
1681	security for deposits of state, county, municipal, or other
1682	public funds or by insurance companies as required or voluntary
1683	statutory deposits.
1684	2.  Any bonds issued by the district shall be incontestable
1685	in the hands of bona fide purchasers or holders for value and
1686	shall not be invalid because of any irregularity or defect in
1687	the proceedings for the issue and sale thereof.
1688	(k)  Covenants.--Any resolution authorizing the issuance of
1689	bonds may contain such covenants as the board may deem
1690	advisable, and all such covenants shall constitute valid and
1691	legally binding and enforceable contracts between the district
1692	and the bondholders, regardless of the time of issuance thereof.
1693	Such covenants may include, without limitation, covenants
1694	concerning the disposition of the bond proceeds; the use and
1695	disposition of project revenues; the pledging of revenues,
1696	taxes, and assessments; the obligations of the district with
1697	respect to the operation of the project and the maintenance of
1698	adequate project revenues; the issuance of additional bonds; the
1699	appointment, powers, and duties of trustees and receivers; the
1700	acquisition of outstanding bonds and obligations; restrictions
1701	on the establishing of competing projects or facilities;
1702	restrictions on the sale or disposal of the assets and property
1703	of the district; the priority of assessment liens; the priority
1704	of claims by bondholders on the taxing power of the district;
1705	the maintenance of deposits to ensure the payment of revenues by
1706	users of district facilities and services; the discontinuance of
1707	district services by reason of delinquent payments; acceleration
1708	upon default; the execution of. necessary instruments; the
1709	procedure for amending or abrogating covenants with the
1710	bondholders; and such other covenants as may be deemed necessary
1711	or desirable for the security of the bondholders.
1712	(l)  Validation proceedings.--The power of the district to
1713	issue bonds under the provisions of this act may be determined,
1714	and any of the bonds of the district maturing over a period of
1715	more than 5 years shall be validated and confirmed, by court
1716	decree, under the provisions of chapter 75, Florida Statutes,
1717	and laws amendatory thereof or supplementary thereto.
1718	(m)  Tax exemption.--To the extent allowed by general law,
1719	all bonds issued hereunder and interest paid thereon and all
1720	fees, charges, and other revenues derived by the district from
1721	the projects provided by this act are exempt from all taxes by
1722	the state or by any political subdivision, agency, or
1723	instrumentality thereof; however, any interest, income, or
1724	profits on debt obligations issued hereunder are not exempt from
1725	the tax imposed by chapter 220, Florida Statutes. Further, the
1726	district is not exempt from the provisions of chapter 212,
1727	Florida Statutes.
1728	(n)  Application of section 189.4085, Florida
1729	Statutes.--Bonds issued by the district shall meet the criteria
1730	set forth in section 189.4085, Florida Statutes.
1731	(o)  Act furnishes full authority for issuance of
1732	bonds.--This act constitutes full and complete authority for the
1733	issuance of bonds and the exercise of the powers of the district
1734	provided herein. No procedures or proceedings, publications,
1735	notices, consents, approvals, orders, acts, or things by the
1736	board, or any board, officer, commission, department, agency, or
1737	instrumentality of the district, other than those required by
1738	this act, shall be required to perform anything under this act,
1739	except that the issuance or sale of bonds pursuant to the
1740	provisions of this act shall comply with the general law
1741	requirements applicable to the issuance or sale of bonds by the
1742	district. Nothing in this act shall be construed to authorize
1743	the district to utilize bond proceeds to fund the ongoing
1744	operations of the district.
1745	(p)  Pledge by the state to the bondholders of the
1746	district.--The state pledges to the holders of any bonds issued
1747	under this act that it will not limit or alter the rights of the
1748	district to own, acquire, construct, reconstruct, improve,
1749	maintain, operate, or furnish the projects or to levy and
1750	collect the taxes, assessments, rentals, rates, fees, and other
1751	charges provided for herein and to fulfill the terms of any
1752	agreement made with the holders of such bonds or other
1753	obligations and that it will not in any way impair the rights or
1754	remedies of such holders.
1755	(q)  Default; dissolution.--A default on the bonds or
1756	obligations of the district shall not constitute a debt or
1757	obligation of any local general purpose government or the state.
1758	In the event of a default or dissolution of the district, no
1759	local general-purpose government shall be required to assume the
1760	property of the district, the debts of the district, or the
1761	district's obligations to complete any infrastructure
1762	improvements or provide services to the district.
1763	(11)  TRUST AGREEMENTS.--Any issue of bonds shall be
1764	secured by a trust agreement by and between the district and a
1765	corporate trustee or trustees, which may be any trust company or
1766	bank having the powers of a trust company within or without the
1767	state. The resolution authorizing the issuance of the bonds or
1768	such trust agreement may pledge the revenues to be received from
1769	any projects of the district and may contain such provisions for
1770	protecting and enforcing the rights and remedies of the
1771	bondholders as the board may approve, including, without
1772	limitation, covenants setting forth the duties of the district
1773	in relation to: the acquisition, construction, reconstruction,
1774	improvement, maintenance, repair, operation, and insurance of
1775	any projects; the fixing and revising of the rates, fees, and
1776	charges; and the custody, safeguarding, and application of all
1777	moneys and for the employment of consulting engineers in
1778	connection with such acquisition, construction, reconstruction,
1779	improvement, maintenance, repair, or operation. It shall be
1780	lawful for any bank or trust company within or without the state
1781	that may act as a depository of the proceeds of bonds or of
1782	revenues to furnish such indemnifying bonds or to pledge such
1783	securities as may be required by the district. Such resolution
1784	or trust agreement may set forth the rights and remedies of the
1785	bondholders and of the trustee, if any, and may restrict the
1786	individual right of action by bondholders. The board may provide
1787	for the payment of proceeds of the sale of the bonds and the
1788	revenues of any project to such officer, board, or depository as
1789	it may designate for the custody thereof and may provide for the
1790	method of disbursement thereof with such safeguards and
1791	restrictions as it may determine. All expenses incurred in
1792	carrying out the provisions of such resolution or trust
1793	agreement may be treated as part of the cost of operation of the
1794	project to that such trust agreement pertains.
1795	(12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
1796	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
1797	ASSESSMENTS; MAINTENANCE TAXES.--
1798	(a)  Ad valorem taxes.--A board elected by and consisting
1799	of qualified electors of the district shall have the power to
1800	levy and assess an ad valorem tax on all the taxable property in
1801	the district to construct, operate, and maintain assessable
1802	improvements; to pay the principal of, and interest on, any
1803	general obligation bonds of the district; and to provide for any
1804	sinking or other funds established in connection with any such
1805	bonds. An ad valorem tax levied by the board for operating
1806	purposes, exclusive of debt service on bonds, shall not exceed
1807	the maximum amount authorized by law. The ad valorem tax
1808	provided for herein shall be in addition to county and all other
1809	ad valorem taxes provided for by law. Such tax shall be
1810	assessed, levied, and collected in the same manner and at the
1811	same time as county taxes. The levy of ad valorem taxes must be
1812	approved by referendum as required by Section 9 of Article VII
1813	of the State Constitution.
1814	(b)  Benefit special assessments.--The board annually shall
1815	determine, order, and levy the annual installment of the total
1816	benefit special assessments for bonds issued and related
1817	expenses to finance assessable improvements. These assessments
1818	may be due and collected during each year that county taxes are
1819	due and collected, in which case such annual installment and
1820	levy shall be evidenced to and certified to the property
1821	appraiser by the board not later than August 31 of each year.
1822	Such assessment shall be entered by the property appraiser on
1823	the county tax rolls and shall be collected and enforced by the
1824	tax collector in the same manner and at the same time as county
1825	taxes, and the proceeds thereof shall be paid to the district.
1826	However, this subsection shall not prohibit the district in its
1827	discretion from using the method prescribed in section 197.3632
1828	or chapter 173, Florida Statutes, for collecting and enforcing
1829	these assessments. Each annual installment of benefit special
1830	assessments shall be a lien on the property against which
1831	assessed until paid and shall be enforceable in like manner as
1832	county taxes. The amount of the assessment for the exercise of
1833	the district's powers under subsections (6) and (7) shall be
1834	determined by the board based upon a report of the district's
1835	engineer and assessed by the board upon such lands, which may be
1836	part or all of the lands within the district benefited by the
1837	improvement, apportioned between benefited lands in proportion
1838	to the benefits received by each tract of land. The board may,
1839	if it determines it is in the best interests of the district,
1840	set forth in the proceedings initially levying such benefit
1841	special assessments or in subsequent proceedings a formula for
1842	the determination of an amount, which when paid by a taxpayer
1843	with respect to any tax parcel, shall constitute a prepayment of
1844	all future annual installments of such benefit special
1845	assessments and that the payment of which amount with respect to
1846	such tax parcel shall relieve and discharge such tax parcel of
1847	the lien of such benefit special assessments and any subsequent
1848	annual installment thereof. The board may provide further that
1849	upon delinquency in the payment of any annual installment of
1850	benefit special assessments, the prepayment amount of all future
1851	annual installments of benefit special assessments as determined
1852	in this paragraph shall be and become immediately due and
1853	payable together with such delinquent annual installment.
1854	(c)  Non-ad valorem maintenance taxes.--If and when
1855	authorized by general law, to maintain and preserve the physical
1856	facilities and services constituting the works, improvements, or
1857	infrastructure provided by the district pursuant to this act; to
1858	repair and restore any one or more of them, when needed; and to
1859	defray the current expenses of the district, including any sum
1860	that may be required to pay state and county ad valorem taxes on
1861	any lands that may have been purchased and that are held by the
1862	district under the provisions of this act, the governing board
1863	may, upon the completion of said systems, facilities, services,
1864	works, improvements, or infrastructure, in whole or in part, as
1865	may be certified to the board by the engineer of the board, levy
1866	annually a non-ad valorem and nonmillage tax upon each tract or
1867	parcel of land within the district, to be known as a
1868	"maintenance tax." This non-ad valorem maintenance tax shall be
1869	apportioned upon the basis of the net assessments of benefits
1870	assessed as accruing from the original construction and shall be
1871	evidenced to and certified by the governing board of the
1872	district not later than June 1 of each year to the property
1873	appraiser of Charlotte County and shall be extended by the
1874	property appraiser on the tax roll of the property appraiser, as
1875	certified by the property appraiser to the tax collector, and
1876	collected by the tax collector on the merged collection roll of
1877	the tax collector in the same manner and at the same time as
1878	county ad valorem taxes, and the proceeds therefrom shall be
1879	paid to the district. This non-ad valorem maintenance tax shall
1880	be a lien until paid on the property against which assessed and
1881	enforceable in like manner and of the same dignity as county ad
1882	valorem taxes.
1883	(d)  Maintenance special assessments.--To maintain and
1884	preserve the facilities and projects of the district, the board
1885	may levy a maintenance special assessment. This assessment may
1886	be evidenced to and certified to the property appraiser by the
1887	governing board not later than August 31 of each year and shall
1888	be entered by the property appraiser on the county tax rolls and
1889	shall be collected and enforced by the tax collector in the.
1890	same manner and at the same time as county taxes, and the
1891	proceeds therefrom shall be paid to the district. However, this
1892	subsection shall not prohibit the district in its discretion
1893	from using the method prescribed in section 197.363, section
1894	197.3631, or section 197.3632, Florida Statutes, for collecting
1895	and enforcing these assessments. These maintenance special
1896	assessments shall be a lien on the property against which
1897	assessed until paid and shall be enforceable in like manner as
1898	county taxes. The amount of the maintenance special assessment
1899	for the exercise of the district's powers under this section
1900	shall be determined by the board based upon a report of the
1901	district's engineer and assessed by the board upon such lands,
1902	which may be all of the lands within the district benefited by
1903	the maintenance thereof, apportioned between the benefited lands
1904	in proportion to the benefits received by each tract of land.
1905	(e)  Special assessments.--To levy and impose any special
1906	assessments pursuant to this subsection.
1907	(f)  Enforcement of taxes.--The collection and enforcement
1908	of all taxes levied by the district shall be at the same time
1909	and in like manner as county taxes, and the provisions of
1910	general law relating to the sale of lands for unpaid and
1911	delinquent county taxes; the issuance, sale, and delivery of tax
1912	certificates for such unpaid and delinquent county taxes; the
1913	redemption thereof; the issuance to individuals of tax deeds
1914	based thereon; and all other procedures in connection therewith
1915	shall be applicable to the district to the same extent as if
1916	such statutory provisions were expressly set forth herein. All
1917	taxes shall be subject to the same discounts as county taxes.
1918	(g)  When unpaid tax is delinquent; penalty.--All taxes
1919	provided for in this act shall become delinquent and bear
1920	penalties on the amount of such taxes in the same manner as
1921	county taxes.
1922	(h)  Status of assessments.--Benefit special assessments,
1923	maintenance special assessments, and special assessments are
1924	hereby found and determined to be non-ad valorem assessments as
1925	defined by section 197.3632, Florida Statutes. Maintenance taxes
1926	are non-ad valorem taxes and are not special assessments.
1927	(i)  Assessments constitute liens; collection.--Any and all
1928	assessments, including special assessments, benefit special
1929	assessments, and maintenance special assessments authorized by
1930	this section, and including special assessments as defined in
1931	this act and granted and authorized by this subsection, and
1932	including maintenance taxes if authorized by general law, shall
1933	constitute a lien on the property against which assessed from
1934	the date of levy and imposition thereof until paid, coequal with
1935	the lien of state, county, municipal, and school board taxes.
1936	These assessments may be collected, at the district's
1937	discretion, under authority of section 197.3631, Florida
1938	Statutes, by the tax collector pursuant to the provisions of
1939	sections 197.3632 and 197.3635, Florida Statutes, or in
1940	accordance with other collection measures provided by law. In
1941	addition to, and not in limitation of, any powers otherwise set
1942	forth herein or in general law, these assessments may also be
1943	enforced pursuant to the provisions of chapter 173, Florida
1944	Statutes.
1945	(j)  Land owned by governmental entity.--Except as
1946	otherwise provided by law, no levy of ad valorem taxes or non-ad
1947	valorem assessments under this act, chapter 170, or chapter 197,
1948	Florida Statutes, or otherwise, by a board of a district, on
1949	property of a governmental entity that is subject to a ground
1950	lease as described in section 190.003(13), Florida Statutes,
1951	shall constitute a lien or encumbrance on the underlying fee
1952	interest of such governmental entity.
1953	(13)  SPECIAL ASSESSMENTS.--
1954	(a)  As an alternative method to the levy and imposition of
1955	special assessments pursuant to chapter 170, Florida Statutes,
1956	pursuant to the authority of section 197.3631, Florida Statutes,
1957	or pursuant to other provisions of general law, now or hereafter
1958	enacted, which provide a supplemental means or authority to
1959	impose, levy, and collect special assessments as otherwise
1960	authorized under this act, the board may levy and impose special
1961	assessments to finance the exercise of any of its powers
1962	permitted under this act using the following uniform procedures:
1963	1.  At a noticed meeting, the governing board of the
1964	district may consider and review an engineer's report on the
1965	costs of the systems, facilities, and services to be provided, a
1966	preliminary assessment methodology, and a preliminary roll based
1967	on acreage or platted lands, depending upon whether platting has
1968	occurred.
1969	a.  The assessment methodology shall address and discuss
1970	and the board shall consider whether the systems, facilities,
1971	and services being contemplated will result in special benefits
1972	peculiar to the property, different in kind and degree than
1973	general benefits, as a logical connection between the systems,
1974	facilities, and services themselves and the property, and
1975	whether the duty to pay the assessments by the property owners
1976	is apportioned in a manner that is fair and equitable and not in
1977	excess of the special benefit received. It shall be fair and
1978	equitable to designate a fixed proportion of the annual debt
1979	service, together with interest thereon, on the aggregate
1980	principal amount of bonds issued to finance such systems,
1981	facilities, and services that give rise to unique, special, and
1982	peculiar benefits to property of the same or similar
1983	characteristics under the assessment methodology so long as such
1984	fixed proportion does not exceed the unique, special, and
1985	peculiar benefits enjoyed by such property from such systems,
1986	facilities, and services.
1987	b.  The engineer's cost report shall identify the nature of
1988	the proposed systems, facilities, and services, their location,
1989	a cost breakdown plus a total estimated cost, including cost of
1990	construction or reconstruction, labor, and materials, lands,
1991	property, rights, easements, franchises, or systems, facilities,
1992	and services to be acquired, cost of plans and specifications,
1993	surveys of estimates of costs and revenues, costs of
1994	engineering, legal, and other professional consultation
1995	services, and other expenses or costs necessary or incident to
1996	determining the feasibility or practicability of such
1997	construction, reconstruction, or acquisition, administrative
1998	expenses, relationship to the authority and power of the
1999	district in its charter, and such other expenses or costs as may
2000	be necessary or incident to the financing to be authorized by
2001	the governing board.
2002	c.  The preliminary assessment roll to be prepared will be
2003	in accordance with the method of assessment provided for in the
2004	assessment methodology and as may be adopted by the governing
2005	board; the assessment roll shall be completed as promptly as
2006	possible and shall show the acreage, lots, lands, or plats
2007	assessed and the amount of the fairly and reasonably apportioned
2008	assessment based on special and peculiar benefit to the
2009	property, lot, parcel, or acreage of land; and, if the
2010	assessment against each such lot, parcel, acreage, or portion of
2011	land is to be paid in installments, the number of annual
2012	installments in which the assessment is divided shall be entered
2013	into and shown upon the assessment roll.
2014	2.  The governing board of the district may determine and
2015	declare by an initial assessment resolution to levy and assess
2016	the assessments with respect to assessable improvements stating
2017	the nature of the systems, facilities, and services,
2018	improvements, projects, or infrastructure constituting such
2019	assessable improvements, the information in the engineer's cost
2020	report, the information in the assessment methodology as
2021	determined by the board at the noticed meeting and referencing
2022	and incorporating as part of the resolution the engineer's cost
2023	report, the preliminary assessment methodology, and the
2024	preliminary assessment roll as referenced exhibits to the
2025	resolution by reference. If the board determines to declare and
2026	levy the special assessments by the initial assessment
2027	resolution, the board shall also adopt and declare a notice
2028	resolution that shall provide and cause the initial assessment
2029	resolution to be published once a week for a period of 2 weeks
2030	in a newspaper of general circulation published in Charlotte
2031	County and said board shall by the same resolution fix a time
2032	and place at which the owner or owners of the property to be
2033	assessed or any other persons interested therein may appear
2034	before said board and be heard as to the propriety and
2035	advisability of making such improvements, as to the costs
2036	thereof, as to the manner of payment therefor, and as to the
2037	amount thereof to be assessed against each property so improved.
2038	Thirty days' notice in writing of such time and place shall be
2039	given to such property owners. The notice shall include the
2040	amount of the assessment and shall be served by mailing a copy
2041	to each assessed property owner at his or her last known
2042	address, the names and addresses of such property owners to be
2043	obtained from the record of the property appraiser of the county
2044	political subdivision in which the land is located or from such
2045	other sources as the district manager or engineer deems
2046	reliable, and proof of such mailing shall be made by the
2047	affidavit of the manager of the district or by the engineer,
2048	said proof to be filed with the district manager, provided that
2049	failure to mail said notice or notices shall not invalidate any
2050	of the proceedings hereunder. It is provided further that the
2051	last publication shall be at least 1 week prior to the date of
2052	the hearing on the final assessment resolution. Said notice
2053	shall describe the general areas to be improved and advise all
2054	persons interested that the description of each property to be
2055	assessed and the amount to be assessed to each piece, parcel,
2056	lot, or acre of property may be ascertained at the office of the
2057	manager of the district. Such service by publication shall be
2058	verified by the affidavit of the publisher and filed with the
2059	manager of the district. Moreover, the initial assessment
2060	resolution with its attached, referenced, and incorporated
2061	engineer's cost report, preliminary assessment methodology, and
2062	preliminary assessment roll, along with the notice resolution,
2063	shall be available for public inspection at the office of the
2064	manager and the office of the engineer or any other office
2065	designated by the governing board in the notice resolution.
2066	Notwithstanding the foregoing, the landowners of all of the
2067	property that is proposed to be assessed may give the district
2068	written notice of waiver of any notice and publication provided
2069	for in this subparagraph and such notice and publication shall
2070	not be required, provided, however, that any meeting of the
2071	governing board to consider such resolution shall be a publicly
2072	noticed meeting.
2073	3.  At the time and place named in the noticed resolution
2074	as provided for in subparagraph 2., the governing board of the
2075	district shall meet and hear testimony from affected property
2076	owners as to the propriety and advisability of making the
2077	systems, facilities, services, projects, works, improvements, or
2078	infrastructure and funding them with assessments referenced in
2079	the initial assessment resolution on the property. Following the
2080	testimony and questions from the members of the board or any
2081	professional advisors to the district of the preparers of the
2082	engineer's cost report, the assessment methodology, and the
2083	assessment roll, the governing board shall make a final decision
2084	on whether to levy and assess the particular assessments.
2085	Thereafter, the governing board shall meet as an equalizing
2086	board to hear and to consider any and all complaints as to the
2087	particular assessments and shall adjust and equalize the
2088	assessments on the basis of justice and right.
2089	4.  When so equalized and approved by resolution or
2090	ordinance by the governing board, to be called the final
2091	assessment resolution, a final assessment roll shall be filed
2092	with the clerk of the board and such assessment shall stand
2093	confirmed and remain legal, valid, and binding first liens on
2094	the property against which such assessments are made until paid,
2095	equal in dignity to the first liens of ad valorem taxation of
2096	county and municipal governments and school boards. However,
2097	upon completion of the systems, facilities, service, project,
2098	improvement, works, or infrastructure, the district shall credit
2099	to each of the assessments the difference in the assessment as
2100	originally made, approved, levied, assessed, and confirmed and
2101	the proportionate part of the actual cost of the improvement to
2102	be paid by the particular special assessments as finally
2103	determined upon the completion of the improvement; but in no
2104	event shall the final assessment exceed the amount of the
2105	special and peculiar benefits as apportioned fairly and
2106	reasonably to the property from the system, facility, or service
2107	being provided as originally assessed. Promptly after such
2108	confirmation, the assessment shall be recorded by the clerk of
2109	the district in the minutes of the proceedings of the district,
2110	and the record of the lien in this set of minutes shall
2111	constitute prima facie evidence of its validity. The governing
2112	board, in its sole discretion, may, by resolution, grant a
2113	discount equal to all or a part of the payee's proportionate
2114	share of the cost of the project consisting of bond financing
2115	cost, such as capitalized interest, funded reserves, and bond
2116	discounts included in the estimated cost of the project, upon
2117	payment in full of any assessments during such period prior to
2118	the time such financing costs are incurred as may be specified
2119	by the governing board in such resolution.
2120	5.  District assessments may be made payable in
2121	installments over no more than 30 years from the date of the
2122	payment of the first installment thereof and may bear interest
2123	at fixed or variable rates.
2124	(b)  Notwithstanding any provision of this act or of
2125	chapter 170 or section 170.09, Florida Statutes, which provide
2126	that assessments may be paid without interest at any time within
2127	30 days after the improvement is completed and a resolution
2128	accepting the same has been adopted by the governing authority,
2129	such provision shall not be applicable to any district
2130	assessments, whether imposed, levied, and collected pursuant to
2131	the provisions of this act or other provisions of general law,
2132	including, but not limited to, chapter 170, Florida Statutes.
2133	(c)  In addition, the district is authorized expressly in
2134	the exercise of its rulemaking power to adopt a rule or rules
2135	that provide for notice, levy, imposition, equalization, and
2136	collection of assessments.
2137	(14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2138	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2139	(a)  The board may, after any special assessments or
2140	benefit special assessments for assessable improvements are
2141	made, determined, and confirmed as provided in this act, issue
2142	certificates of indebtedness for the amount so assessed against
2143	the abutting property or property otherwise benefited, as the
2144	case may be, and separate certificates shall be issued against
2145	each part or parcel of land or property assessed, which
2146	certificates shall state the general nature of the improvement
2147	for which the assessment is made. The certificates shall be
2148	payable in annual installments in accordance with the
2149	installments of the special assessment for which they are
2150	issued. The board may determine the interest to be borne by such
2151	certificates, not to exceed the maximum rate allowed by general
2152	law, and may sell such certificates at either private or public
2153	sale and determine the form, manner of execution, and other
2154	details of such certificates. The certificates shall recite that
2155	they are payable only from the special assessments levied and
2156	collected from the part or parcel of land or property against
2157	which they are issued. The proceeds of such certificates may be
2158	pledged for the payment of principal of and interest on any
2159	revenue bonds or general obligation bonds issued to finance in
2160	whole or in part such assessable improvement, or, if not so
2161	pledged, may be used to pay the cost or part of the cost of such
2162	assessable improvements.
2163	(b)  The district may also issue assessment bonds, revenue
2164	bonds, or other obligations payable from a special fund into
2165	which such certificates of indebtedness referred to in the
2166	preceding subsection may be deposited or, if such certificates
2167	of indebtedness have not been issued, the district may assign to
2168	such special fund for the benefit of the holders of such
2169	assessment bonds or other obligations, or to a trustee for such
2170	bondholders, the assessment liens provided for in this act
2171	unless such certificates of indebtedness or assessment liens
2172	have been theretofore pledged for any bonds or other obligations
2173	authorized hereunder. In the event of the creation of such
2174	special fund and the issuance of such assessment bonds or other
2175	obligations, the proceeds of such certificates of indebtedness
2176	or assessment liens deposited therein shall be used only for the
2177	payment of the assessment bonds or other obligations issued as
2178	provided in this section. The district is authorized to covenant
2179	with the holders of such assessment bonds, revenue bonds, or
2180	other obligations that it will diligently and faithfully enforce
2181	and collect all the special assessments, and interest and
2182	penalties thereon, for which such certificates of indebtedness
2183	or assessment liens have been deposited in or assigned to such
2184	fund; to foreclose such assessment liens so assigned to such
2185	special fund or represented by the certificates of indebtedness
2186	deposited in the special fund, after such assessment liens have
2187	become delinquent, and deposit the proceeds derived from such
2188	foreclosure, including interest and penalties, in such special
2189	fund; and to make any other covenants deemed necessary or
2190	advisable in order to properly secure the holders of such
2191	assessment bonds or other obligations.
2192	(c)  The assessment bonds, revenue bonds, or other
2193	obligations issued pursuant to this section shall have such
2194	dates of issue and maturity as shall be deemed advisable by the
2195	board; however, the maturities of such assessment bonds or other
2196	obligations shall not be more than 2 years after the due date of
2197	the last installment that will be payable on any of the special
2198	assessments for which such assessment liens, or the certificates
2199	of indebtedness representing such assessment liens, are assigned
2200	to or deposited in such special fund.
2201	(d)  Such assessment bonds, revenue bonds, or other
2202	obligations issued under this section shall bear such interest
2203	as the board may determine, not to exceed the maximum rate
2204	allowed by general law, and shall be executed, shall have such
2205	provisions for redemption prior to maturity, shall be sold in
2206	the manner, and shall be subject to all of the applicable
2207	provisions contained in this act for revenue bonds, except as
2208	the same may be inconsistent with the provisions of this
2209	section.
2210	(e)  All assessment bonds, revenue bonds, or other
2211	obligations issued under the provisions of this section shall
2212	be, shall constitute, and shall have all the qualities and
2213	incidents of negotiable instruments under the law merchant and
2214	the laws of the state.
2215	(15)  TAX LIENS.--All taxes of the district provided for in
2216	this act, except together with all penalties for default in the
2217	payment of the same and all costs in collecting the same,
2218	including a reasonable attorney's fee fixed by the court and
2219	taxed as a cost in the action brought to enforce payment, shall,
2220	from January 1 for each year the property is liable to
2221	assessment and until paid, constitute a lien of equal dignity
2222	with the liens for state and county taxes and other taxes of
2223	equal dignity with state and county taxes upon all the lands
2224	against which such taxes shall be levied. A sale of any of the
2225	real property within the district for state and county or other
2226	taxes shall not operate to relieve or release the property so
2227	sold from the lien for subsequent district taxes or installments
2228	of district taxes, which lien may be enforced against such
2229	property as though no such sale thereof had been made. In
2230	addition to, and not in limitation of, the preceding, for
2231	purposes of section 197.552, Florida Statutes, the lien of all
2232	special assessments levied by the district shall constitute a
2233	lien of record held by a municipal or county governmental unit.
2234	The provisions of sections 194.171, 197.122, 197.333, and
2235	197.432, Florida Statutes, shall be applicable to district taxes
2236	with the same force and effect as if such provisions were
2237	expressly set forth in this act.
2238	(16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2239	DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2240	(a)  The district shall have the power and right to:
2241	1.  Pay any delinquent state, county, district, municipal,
2242	or other tax or assessment upon lands located wholly or
2243	partially within the boundaries of the district.
2244	2.  Redeem or purchase any tax sales certificates issued or
2245	sold on account of any state, county, district, municipal, or
2246	other taxes or assessments upon lands located wholly or
2247	partially within the boundaries of the district.
2248	(b)  Delinquent taxes paid, or tax sales certificates
2249	redeemed or purchased, by the district, together with all
2250	penalties for the default in payment of the same and all costs
2251	in collecting the same and a reasonable attorney's fee, shall
2252	constitute a lien in favor of the district of equal dignity with
2253	the liens of state and county taxes and other taxes of equal
2254	dignity with state and county taxes upon all the real property
2255	against which the taxes were levied. The lien of the district
2256	may be foreclosed in the manner provided in this act.
2257	(c)  In any sale of land pursuant to section 197.542,
2258	Florida Statutes, the district may certify to the clerk of the
2259	circuit court of the county holding such sale the amount of
2260	taxes due to the district upon the lands sought to be sold, and
2261	the district shall share in the disbursement of the sales
2262	proceeds in accordance with the provisions of this act and under
2263	the laws of the state.
2264	(17)  FORECLOSURE OF LIENS.--Any lien in favor of the
2265	district arising under this act may be foreclosed by the
2266	district by foreclosure proceedings in the name of the district
2267	in a court of competent jurisdiction as provided by general law
2268	in a like manner as provided in chapter 173, Florida Statutes,
2269	and the provisions of that chapter shall be applicable to such
2270	proceedings with the same force and effect as if those
2271	provisions were expressly set forth in this act. Any act
2272	required or authorized to be done by or on behalf of a
2273	municipality in foreclosure proceedings under chapter 173,
2274	Florida Statutes, may be performed by such officer or agent of
2275	the district as the governing board may designate. Such
2276	foreclosure proceedings may be brought at any time after the
2277	expiration of 1 year from the date any tax, or installment
2278	thereof, becomes delinquent; however, no lien shall be
2279	foreclosed against any political subdivision or agency of the
2280	state. Other legal remedies shall remain available.
2281	(18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
2282	FACILITIES, AND SERVICES.--To the full extent permitted by law,
2283	the district shall require all lands, buildings, premises,
2284	persons, firms, and corporations within the district to use the
2285	water management and control facilities and water and sewer
2286	facilities of the district.
2287	(19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2288	PROVISIONS REQUIRED.--
2289	(a)  No contract shall be let by the board for any goods,
2290	supplies, or materials to be purchased when the amount thereof
2291	to be paid by the district shall exceed the amount provided in
2292	section 287.017, Florida Statutes, for category four, unless
2293	notice of bids shall be advertised once in a newspaper in
2294	general circulation in Charlotte County. Any board seeking to
2295	construct or improve a public building, structure, or other
2296	public works shall comply with the bidding procedures of section
2297	255.20, Florida Statutes, and other applicable general law. In
2298	each case, the bid of the lowest responsive and responsible
2299	bidder shall be accepted unless all bids are rejected because
2300	the bids are too high or the board determines it is in the best
2301	interests of the district to reject all bids. The board may
2302	require the bidders to furnish bond with a responsible surety to
2303	be approved by the board. Nothing in this section shall prevent
2304	the board from undertaking and performing the construction,
2305	operation, and maintenance of any project or facility authorized
2306	by this act by the employment of labor, material, and machinery.
2307	(b)  The provisions of the Consultants' Competitive
2308	Negotiation Act, section 287.055, Florida Statutes, apply to
2309	contracts for engineering, architecture, landscape architecture,
2310	or registered surveying and mapping services let by the board.
2311	(c)  Contracts for maintenance services for any district
2312	facility or project shall be subject to competitive bidding
2313	requirements when the amount thereof to be paid by the district
2314	exceeds the amount provided in section 287.017, Florida
2315	Statutes, for category four. The district shall adopt rules,
2316	policies, or procedures establishing competitive bidding
2317	procedures for maintenance services. Contracts for other
2318	services shall not be subject to competitive bidding unless the
2319	district adopts a rule, policy, or procedure applying
2320	competitive bidding procedures to said contracts. Nothing herein
2321	shall preclude the use of requests for proposal instead of
2322	invitations to bid as determined by the district to be in its
2323	best interest.
2324	(20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2325	AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
2326	(a)  The district is authorized to prescribe, fix,
2327	establish, and collect rates, fees, rentals, or other charges,
2328	hereinafter sometimes referred to as "revenues," and to revise
2329	the same from time to time, for the systems, facilities, and
2330	services furnished by the district, within the limits of the
2331	district, including, but not limited to, recreational
2332	facilities, water management and control facilities, water,
2333	sewer, and reuse systems, and solid waste collection and
2334	disposal; to recover the costs of making connection with any
2335	district service, facility, or system; and to provide for
2336	reasonable penalties against any user or property for any such
2337	rates, fees, rentals, or other charges that are delinquent.
2338	(b)  No such rates, fees, rentals, or other charges for any
2339	of the facilities or services of the district shall be fixed
2340	until after a public hearing at which all the users of the
2341	proposed facility or services or owners, tenants, or occupants
2342	served or to be served thereby and all other interested persons
2343	shall have an opportunity to be heard concerning the proposed
2344	rates, fees, rentals, or other charges. Rates, fees, rentals,
2345	and other charges shall be adopted under the administrative
2346	rulemaking authority of the district, but shall not apply to
2347	district leases. Notice of such public hearing setting forth the
2348	proposed schedule or schedules of rates, fees, rentals, and
2349	other charges shall have been published in a newspaper of
2350	general circulation in Charlotte County at least once and at
2351	least 10 days prior to such public hearing. The rulemaking
2352	hearing may be adjourned from time to time. After such hearing,
2353	such schedule or schedules, either as initially proposed or as
2354	modified or amended, may be finally adopted. A copy of the
2355	schedule or schedules of such rates, fees, rentals, or charges
2356	as finally adopted shall be kept on file in an office designated
2357	by the board and shall be open at all reasonable times to public
2358	inspection. The rates, fees, rentals, or charges so fixed for
2359	any class of users or property served shall be extended to cover
2360	any additional users or properties thereafter served that shall
2361	fall in the same class, without the necessity of any notice or
2362	hearing.
2363	(c)  Such rates, fees, rentals, and charges shall be just
2364	and equitable and uniform for users of the same class, and when
2365	appropriate may be based or computed either upon the amount of
2366	service furnished, upon the average number of persons residing
2367	or working in or otherwise occupying the premises served, or
2368	upon any other factor affecting the use of the facilities
2369	furnished, or upon any combination of the foregoing factors, as
2370	may be determined by the board on an equitable basis.
2371	(d)  The rates, fees, rentals, or other charges prescribed
2372	shall be such as will produce revenues, together with any other
2373	assessments, taxes, revenues, or funds available or pledged for
2374	such purpose, at least sufficient to provide for the items
2375	hereinafter listed, but not necessarily in the order stated:
2376	1.  To provide for all expenses of operation and
2377	maintenance of such facility or service.
2378	2.  To pay when due all bonds and interest thereon for the
2379	payment of which such revenues are, or shall have been, pledged
2380	or encumbered, including reserves for such purpose.
2381	3.  To provide for any other funds that may be required
2382	under the resolution or resolutions authorizing the issuance of
2383	bonds pursuant to this act.
2384	(e)  The board shall have the power to enter into contracts
2385	for the use of the projects of the district and with respect to
2386	the services, systems, and facilities furnished or to be
2387	furnished by the district.
2388	(21)  RECOVERY OF DELINQUENT CHARGES.--In the event that
2389	any rates, fees, rentals, charges, or delinquent penalties shall
2390	not be paid as and when due and shall be in default for 60 days
2391	or more, the unpaid balance thereof and all interest accrued
2392	thereon, together with reasonable attorney's fees and costs, may
2393	be recovered by the district in a civil action.
2394	(22)  DISCONTINUANCE OF SERVICE.--In the event the fees,
2395	rentals, or other charges for water and sewer services, or
2396	either of them, are not paid when due, the board shall have the
2397	power, under such reasonable rules and regulations as the board
2398	may adopt, to discontinue and shut off both water and sewer
2399	services until such fees, rentals, or other charges, including
2400	interest, penalties, and charges for the shutting off and
2401	discontinuance and the restoration of such water and sewer
2402	services or both, are fully paid; and, for such purposes, the
2403	board may enter on any lands, waters, or premises of any person,
2404	firm, corporation, or body, public or private, within the
2405	district limits. Such delinquent fees, rentals, or other
2406	charges, together with interest, penalties, and charges for the
2407	shutting off and discontinuance and the restoration of such
2408	services and facilities and reasonable attorney's fees and other
2409	expenses, may be recovered by the district, which may also
2410	enforce payment of such delinquent fees, rentals, or other
2411	charges by any other lawful method of enforcement.
2412	(23)  ENFORCEMENT AND PENALTIES.--The board or any
2413	aggrieved person may have recourse to such remedies in law and
2414	at equity as may be necessary to ensure compliance with the
2415	provisions of this act, including injunctive relief to enjoin or
2416	restrain any person violating the provisions of this act or any
2417	bylaws, resolutions, regulations, rules, codes, or orders
2418	adopted under this act. In case any building or structure is
2419	erected, constructed, reconstructed, altered, repaired,
2420	converted, or maintained, or any building, structure, land, or
2421	water is used, in violation of this act or of any code, order,
2422	resolution, or other regulation made under authority conferred
2423	by this act or under law, the board or any citizen residing in
2424	the district may institute any appropriate action or proceeding
2425	to prevent such unlawful erection, construction, reconstruction,
2426	alteration, repair, conversion, maintenance, or use; to
2427	restrain, correct, or avoid such violation; to prevent the
2428	occupancy of such building, structure, land, or water; and to
2429	prevent any illegal act, conduct, business, or use in or about
2430	such premises, land, or water.
2431	(24)  SUITS AGAINST THE DISTRICT.--Any suit or action
2432	brought or maintained against the district for damages arising
2433	out of tort, including, without limitation, any claim arising
2434	upon account of an act causing an injury or loss of property,
2435	personal injury, or death, shall be subject to the limitations
2436	provided in section 768.28, Florida Statutes.
2437	(25)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
2438	district property shall be exempt from levy and sale by virtue
2439	of an execution, and no execution or other judicial process
2440	shall issue against such property, nor shall any judgment
2441	against the district be a charge or lien on its property or
2442	revenues; however, nothing contained herein shall apply to or
2443	limit the rights of bondholders to pursue any remedy for the
2444	enforcement of any lien or pledge given by the district in
2445	connection with any of the bonds or obligations of the district.
2446	(26)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
2447	(a)  The board may ask the Legislature through its local
2448	legislative delegations in and for Charlotte County to amend
2449	this act to contract, to expand or to contract, and to expand
2450	the boundaries of the district.
2451	(b)  The district shall remain in existence until:
2452	1.  The district is terminated and dissolved pursuant to
2453	amendment to this act by the Legislature.
2454	2.  The district has become inactive pursuant to section
2455	189.4044, Florida Statutes.
2456	(27)  INCLUSION OF TERRITORY.--The inclusion of any or all
2457	territory of the district within a municipality does not change,
2458	alter, or affect the boundary, territory, existence, or
2459	jurisdiction of the district.
2460	(28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
2461	DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
2462	district under this act, each contract for the initial sale of a
2463	parcel of real property and each contract for the initial sale
2464	of a residential unit within the district shall include,
2465	immediately prior to the space reserved in the contract for the
2466	signature of the purchaser, the following disclosure statement
2467	in boldfaced and conspicuous type that is larger than the type
2468	in the remaining text of the contract: "THE BABCOCK RANCH
2469	COMMUNITY INDEPENDENT SPECIAL DISTRICT MAY IMPOSE AND LEVY TAXES
2470	OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
2471	THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION,
2472	AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND
2473	SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING
2474	BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN
2475	ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND
2476	ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
2477	LAW."
2478	(29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
2479	after the election of the first governing board of the district,
2480	the district shall cause to be recorded in the grantor-grantee
2481	index of the property records in the county in which it is
2482	located a "Notice of Creation and Establishment of the Babcock
2483	Ranch Community Independent Special District." The notice shall,
2484	at a minimum, include the legal description of the property
2485	covered by this act.
2486	(30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,
2487	facility, service, works, improvement, project, or other
2488	infrastructure owned by the district, or funded by federal tax
2489	exempt bonding issued by the district, is public; and the
2490	district by rule may regulate, and may impose reasonable charges
2491	or fees for, the use thereof but not to the extent that such
2492	regulation or imposition of such charges or fees constitutes
2493	denial of reasonable access.
2494	Section 7.  If any provision of this act is determined
2495	unconstitutional or otherwise determined invalid by a court of
2496	law, all the rest and remainder of the act shall remain in full
2497	force and effect as the law of this state.
2498	Section 8.  In the election provided for in section 9, each
2499	landowner present in person or by proxy shall be entitled to
2500	cast one vote for each assessable acre or fraction of an acre of
2501	land owned by him or her and located within the district.
2502	Section 9.  This section and section 8 shall take effect
2503	upon this act becoming law, and the remaining sections shall
2504	take effect upon approval by a majority vote of the owners of
2505	land within the district who are not exempt from ad valorem
2506	taxes or non-ad valorem assessments and who are present in
2507	person or by proxy at a landowners' meeting to be held within 90
2508	days after the effective date of this act. Such landowners'
2509	meeting shall be noticed as provided in section 5 for the
2510	initial landowners' meeting and may be combined with such
2511	meeting. However, the provisions of this act that authorize the
2512	levy of ad valorem taxation and issuance of general obligation
2513	bonds shall take effect only upon express approval by a majority
2514	vote of those qualified electors of the Babcock Ranch Community
2515	Independent Special District voting in a referendum election
2516	held at such time as all members of the board are qualified
2517	electors who are elected by qualified electors of the district
2518	as provided in this act.

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