CS/HB 1517

1	A bill to be entitled
2	An act relating to the North Port Orange Hammock
3	Improvement District, City of North Port, Sarasota County;
4	providing a short title; providing an exception to general
5	law; providing a district charter; creating an independent
6	special district; providing district boundaries; providing
7	for charter amendment; providing powers, functions, and
8	duties; providing for a governing board, elections,
9	qualifications, terms of office, removal from office, and
10	filling of vacancies; providing for election of a chair,
11	vice chair, and secretary-treasurer; providing a quorum;
12	providing requirements for meetings and notice; providing
13	requirements for reports, budgets, and audits; providing
14	for liberal construction; authorizing the levy of non-ad
15	valorem assessments; specifying method of collection and
16	enforcement of non-ad valorem assessments; authorizing
17	property appraiser's and tax collector's fees or
18	commissions; providing for collection and enforcement of
19	fees, costs, and expenses; providing for issuance of
20	revenue bonds, assessment bonds, bond anticipation notes,
21	and general obligation bonds; providing boundaries;
22	providing for the applicability of provisions of chapters
23	189 and 298, Florida Statutes, and other general laws;
24	providing for the board's limited power of eminent domain;
25	providing for severability; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Popular name.--This act may be cited as the
30	"North Port Orange Hammock Improvement District Act."
31	Section 2.  District; creation, jurisdiction, and
32	purpose.--
33	(1)  The North Port Orange Hammock Improvement District,
34	the "district," is created and incorporated as an independent
35	special district pursuant to chapter 189, Florida Statutes, to
36	be known as the "North Port Orange Hammock Improvement
37	District," in the City of North Port, Sarasota County, which
38	independent special district shall be a public body corporate
39	and politic.
40	(2)  The district's territorial boundary shall embrace and
41	include that real property described in section 18.
42	(3)  The district is created for all purposes as shall be
43	liberally construed from and set forth in this act, under
44	sections 189.401-189.429 and chapter 298, Florida Statutes,
45	provided that section 189.4045(2), Florida Statutes, is
46	specifically excluded and not applicable to the district or the
47	City of North Port and may perform such acts as shall be
48	necessary, convenient, incidental, or proper for the provision,
49	acquisition, development, operation, and maintenance of those
50	public infrastructure works and services authorized herein,
51	including all facilities necessary and incidental thereto.
52	(4)  The district charter created by this act may be
53	amended only by special act of the Legislature. Any expansion of
54	the powers or the boundaries of the district within the City of
55	North Port shall require prior approval of the City of North
56	Port Commission or its designee.
57	(5)  The definition of terms and phrases shall be as set
58	forth in chapters 189 and 298, Florida Statutes, unless
59	otherwise herein defined.
60	Section 3.  Limitations of powers.--All governmental
61	planning, environmental, and land development laws, regulations,
62	and ordinances apply to all development of the land within the
63	district. The district does not have the power of a local
64	government to adopt a comprehensive plan, building code, zoning
65	code, or land development code, as those terms are defined in
66	the Local Government Comprehensive Planning and Land Development
67	Regulation Act. The district shall take no action that is
68	inconsistent with applicable comprehensive plans, ordinances, or
69	regulations of the applicable local general-purpose government.
70	Nothing in this act shall create any delegation of any
71	responsibilities or authorities from the City of North Port to
72	the district. Notwithstanding anything to the contrary, the
73	district shall be required to obtain any and all permits for
74	infrastructure planning and construction from the City of North
75	Port that would otherwise be required of a private entity
76	performing the same work. The district shall not have the power
77	to supersede, contravene, or overrule any development or
78	annexation agreements entered into by landowners within or
79	outside of the district or any City of North Port joint planning
80	agreements or interlocal agreements with Sarasota County or any
81	other governmental entities. The district shall be subject to,
82	as appropriate, any development order encompassing the entirety
83	of the district or any part thereof and shall be bound by the
84	terms of such development orders. Additionally, in order to seek
85	the input of the appropriate unit of local government, the
86	district shall consult with, and provide notice to, Charlotte
87	County, Desoto County, Sarasota County, or any appropriate unit
88	of state or local government, regarding any actions that may
89	affect them prior to taking the proposed action.
90	Section 4.  District powers, functions, and duties.--
91	(1)  In addition to any powers, functions, and duties set
92	forth in this act, the district shall have the authority to
93	exercise such powers, functions, and duties as may be set forth
94	in chapter 298, Florida Statutes.
95	(2)  The district is hereby authorized and empowered as
96	follows:
97	(a)  To adopt by resolution bylaws for the regulation of
98	its affairs and the conduct of its business.
99	(b)  To adopt by resolution rules as necessary for
100	implementation, regulation, and enforcement as are consistent
101	with the purposes of the district and this act.
102	(c)  To adopt an official seal reflecting the name and
103	nature of the district.
104	(d)  To acquire by grant, loan, purchase, gift, transfer,
105	exchange, dedication, lease, devise, or, when reasonably
106	necessary for the implementation of district-authorized public
107	infrastructure works, facilities, or services by means of the
108	exercise of the right of eminent domain pursuant to the laws of
109	the state and in accordance with section 13, all property, real
110	or personal, or any easement, license, estate, or interest
111	therein necessary, desirable, or convenient for the purposes of
112	this act, and to sell, convey, transfer, gift, lease, rent,
113	dedicate, forfeit, abandon, exchange, or assign all or any part
114	thereof to or with other entities, including governmental
115	entities and agencies, and to exercise all of its powers and
116	authority with respect thereto. The district shall have the
117	right of eminent domain as limited by section 13, for the
118	purposes of exercising its powers for the provision of services
119	to the district, subject to the approval of the City of North
120	Port Commission or its designee, or if otherwise required by
121	another governmental entity or agency. Any property interests
122	owned by the district which are used for nonpublic or private
123	commercial purposes shall be subject to all ad valorem taxes,
124	intangible personal property taxes, or non-ad valorem
125	assessments, as would be applicable if said property were
126	privately owned.
127	(e)  To finance, plan (consistent with the City of North
128	Port Comprehensive Plan as amended and implementing ordinances,
129	studies, and plans, or those of other appropriate local or state
130	governments), design, acquire, construct, install, operate,
131	equip, upgrade, reclaim, replace, extend, renovate, mitigate,
132	and maintain canals, swales, outfalls, dams, control structures,
133	pumps and pumping systems, aerators, seawalls, berms, ditches,
134	telemetry and monitoring equipment, retention areas, holding
135	basins, marshes, wetlands, uplands, drains, levees, lakes,
136	ponds, and other works or elements for modern comprehensive
137	water management drainage, environmental, mitigation
138	preservation, erosion, quality, and control purposes, and,
139	further, that the district shall agree, at the request of the
140	City of North Port Commission or its designee, subject to a
141	developer's agreement with the City of North Port (neither
142	party's consent to said developer's agreement shall be
143	unreasonably withheld), to donate and turn over operation of all
144	or any portion of said water management system to the City of
145	North Port.
146	(f)  To regulate, modify, control, and redirect the supply
147	and level of water within the district if consistent with City
148	of North Port and Southwest Florida Water Management District
149	rules and regulations, including the diversion of waters from
150	one area, lake, pond, river, stream, basin, or water control
151	facility to another; to control and restrict the development and
152	use of natural or artificial streams or bodies of water, lakes,
153	or ponds; and to take all measures determined by the board to be
154	necessary or desirable to prevent or alleviate land erosion,
155	flooding, or water quality problems or issues, provided all such
156	activity shall be carried out in accordance with applicable
157	federal, state, and local government rules and regulations.
158	(g)  To finance the implementation of appropriate studies,
159	whether by the district or in conjunction with other agencies or
160	entities; to assist in implementing the district's powers,
161	authorities, and purposes as set forth herein; and to facilitate
162	the orderly management of the district and its works and
163	facilities.
164	(h)  To finance, plan (consistent with the City of North
165	Port Comprehensive Plan as amended and implementing ordinances,
166	studies, and plans, or those of other appropriate local or state
167	governments), design, acquire, construct, install, operate,
168	equip, upgrade, replace, extend, renovate, and maintain
169	irrigation works, machinery, plants, and appurtenances.
170	(i)  To finance, plan (consistent with the City of North
171	Port Comprehensive Plan as amended and implementing ordinances,
172	studies, and plans, or those of Charlotte, Desoto, and Sarasota
173	Counties or other appropriate local or state governments),
174	design, acquire, construct, install, operate, equip, upgrade,
175	replace, extend, renovate, and maintain roadways and to include,
176	either as a component of such roads or independently by
177	themselves, parkways, bridges, landscaping, irrigation, bicycle
178	and jogging paths, street lighting, entry features, traffic
179	signals, road striping, and all other customary elements or
180	appurtenances of a modern road system as fulfillment of a
181	requirement pursuant to any development agreement, development
182	order, or plat or for the exclusive use and benefit of the
183	district, a unit of development, and its landowners, residents,
184	and invitees to control ingress and egress; to finance and
185	maintain said roads and their associate elements and components
186	as part of a plan of improvements; to construct and maintain
187	security structures to control the use of said roads; to make
188	provision for access by fire, police, and emergency vehicles and
189	personnel for the protection of life and property; to include,
190	in the annual assessment of non-ad valorem assessments as
191	authorized, sufficient funds to finance and maintain said roads
192	as part of a plan of improvements; and to adopt, by resolution
193	of the board, rules and regulations for the control of traffic,
194	noise levels, crime, and the use of the roads by those
195	authorized. Provided that in the event the district should
196	construct all or any portion of a major thoroughfare or
197	transportation route as identified in section 163.3177(6)(b),
198	Florida Statutes, the district shall not be permitted to limit
199	said thoroughfare or transportation route for the exclusive use
200	and benefit of the district, a unit of development, or its
201	residents without the written consent of the applicable local
202	general government. Notwithstanding anything to the contrary
203	herein, construction of roads by the district shall not be in
204	conflict with City of North Port rules or, where applicable, the
205	rules, master plans, plans, specifications, or regulations of
206	the adjacent county where roads are required to be constructed
207	or improved, or those of other appropriate units of state or
208	local government. The district shall agree, at the request of
209	the City of North Port Commission or its designee, subject to
210	applicable impact fee ordinances and a developer's agreement
211	with the City of North Port, neither party's consent to said
212	developer's agreement shall be unreasonably withheld, to donate
213	and turn over operation of all or any portion of any public
214	roadway system to the City of North Port, the applicable
215	adjacent county, or appropriate units of state and local
216	government.
217	(j)  To finance, plan (consistent with the City of North
218	Port Comprehensive Plan as amended and implementing ordinances,
219	studies, and plans, or those of other appropriate local or state
220	governments), design, acquire, construct, install, operate,
221	equip, upgrade, replace, extend, renovate, and maintain entry
222	features, garages, parking facilities, district offices,
223	buildings, facilities, and structures.
224	(k)  To finance, plan (consistent with the City of North
225	Port Comprehensive Plan as amended and implementing ordinances,
226	studies, and plans, or those of other appropriate local or state
227	governments), design, acquire, construct, install, operate,
228	equip, upgrade, replace, extend, renovate, reclaim, mitigate,
229	protect, and remove exotics and maintain improvements, works,
230	landscaping, systems, structures, buildings, and facilities for
231	community or public preserves, uplands, wetlands, playgrounds,
232	parks, gymnasiums, stadiums, ball fields, greenways, waterways,
233	and facilities for indoor and outdoor recreational, sport,
234	cultural, and educational uses.
235	(l)  To finance, plan (consistent with the City of North
236	Port Comprehensive Plan as amended and implementing ordinances,
237	studies, and plans, or those of other appropriate local or state
238	governments), design, acquire, construct, install, operate, set,
239	and charge by resolution access, user, or connection fees and
240	charges, equip, upgrade, replace, store, extend, renovate, and
241	maintain water plants and systems, plus appurtenances, to
242	produce, desalinate, purify, sell, and distribute water for
243	consumption, irrigation, or other purposes. The exercise of such
244	construction, operation, fee establishment, and production
245	powers by the district shall require the prior approval of the
246	City of North Port Commission or its designee, and the district
247	shall agree, at the request of the City of North Port Commission
248	or its designee, subject to a utility developer's agreement with
249	the City of North Port (neither party's consent to said
250	developer's agreement shall be unreasonably withheld), to donate
251	and turn over operation of all or any portion of said water
252	system to the City of North Port.
253	(m)  To finance, plan (consistent with the City of North
254	Port Comprehensive Plan as amended and implementing ordinances,
255	studies, and plans, or those of other appropriate local or state
256	governments), design, acquire, construct, install, operate, set,
257	and charge by resolution access, user, or connection fees and
258	charges, equip, upgrade, replace, extend, renovate, and maintain
259	sewer systems, plus appurtenances, for the collection, disposal,
260	and reuse of effluent, waste, residue, or other byproducts of
261	such system; prevent pollution; and improve water quality. The
262	exercise of such construction, operation, and fee establishment
263	powers by the district shall require the prior approval of the
264	City of North Port Commission or its designee, and the district
265	shall agree, at the request of the City of North Port Commission
266	or its designee and subject to a utility developer's agreement
267	with the City of North Port (neither party's consent to said
268	developer's agreement shall be unreasonably withheld), to donate
269	and turn over operation of all or any portion of said wastewater
270	system to the City of North Port.
271	(n)  To finance, plan (if not inconsistent with other
272	responsible agencies or authorities, or those of other
273	appropriate local or state governments), design, acquire,
274	construct, install, operate, equip, upgrade, replace, extend,
275	renovate, and maintain improvements and facilities for and take
276	measures to control mosquitoes or other insects and arthropods
277	of public health importance.
278	(o)  To finance, plan (consistent with the City of North
279	Port Comprehensive Plan as amended and implementing ordinances,
280	studies, and plans, or those of other appropriate local or state
281	governments), design, acquire, construct, install, operate,
282	equip, upgrade, replace, extend, renovate, and maintain lands,
283	works, systems, landscaping, and facilities for preservation
284	areas, conservation areas, environmental areas, mitigation
285	areas, and wildlife habitat or sanctuaries, including the
286	maintenance of any plant or animal species, and any related
287	interest in real or personal property. The district shall allow
288	the City of North Port access to all such improvements and shall
289	allow access by the public when appropriate.
290	(p)  To finance, plan (consistent with the City of North
291	Port Comprehensive Plan as amended and implementing ordinances,
292	studies, and plans, or those of other appropriate local or state
293	governments), design, acquire, construct, install, equip,
294	upgrade, replace, extend, renovate, and maintain additional
295	systems and facilities for school buildings and related
296	structures that may be donated to a public school district,
297	subject to a developer's agreement (neither party's consent to
298	said developer's agreement shall be unreasonably withheld), for
299	use in the educational system; provided that donation of any
300	land and the exercise of such construction powers by the
301	district shall require the prior approval of the School Board of
302	Sarasota County and the City of North Port Commission or its
303	designee.
304	(q)  To levy non-ad valorem assessments; to prescribe, fix,
305	establish, and collect rates, fees, rentals, fares, or other
306	charges, and revise the same from time to time, for property,
307	facilities, and services made available, furnished, or to be
308	furnished by the district; and to recover the cost of making or
309	authorizing the connection to any district facility or system or
310	installing works or improvements on or within district property
311	interests. However, no rates, fares, charges, or fees shall be
312	established until after a public hearing of the board at the
313	district at which all affected persons shall be given an
314	opportunity to be heard.
315	(r)  To provide for the discontinuance of service and
316	reasonable penalties, including reasonable attorney's fees,
317	against any user or property for any such rates, fees, rentals,
318	fares, or other charges that become delinquent and require
319	collection.
320	(s)  To enter into agreements with any person, firm,
321	entity, partnership, or corporation, whether public, private, or
322	governmental, for the furnishing by such person, firm, entity,
323	partnership, or corporation of any facilities and services of
324	the type provided for, authorized, or necessarily implied as
325	being authorized in this act.
326	(t)  To borrow money and issue negotiable or other bonds of
327	said district as hereinafter provided; to borrow money, from
328	time to time, and issue negotiable or other notes of said
329	district therefore, bearing interest at not exceeding the
330	maximum interest allowable by law, in anticipation of the
331	collection of levies, fees, penalties, charges, fares, and
332	assessments or revenues of said district; and to pledge or
333	hypothecate such non-ad valorem assessments, levies,
334	assessments, and revenues to secure such bonds, notes, or
335	obligations, and sell, discount, negotiate, and dispose of the
336	same.
337	(u)  To provide for safety enhancements, including, but not
338	limited to, security, guardhouses, fences, gates, and electronic
339	intrusion detection systems. The district shall not be
340	authorized or empowered to exercise any police power but may
341	contract with the appropriate local general-purpose government
342	agencies for an increased level of such service. Notwithstanding
343	anything to the contrary, nothing herein shall allow the
344	district to limit the level of law enforcement provided by
345	federal, state, or local governmental agencies.
346	(v)  To provide, at the request of local general-purpose
347	governments consistent with the plans of the local general-
348	purpose government, systems and facilities for fire prevention
349	and control and emergency medical services, including the
350	construction of a hospital and police stations, and construction
351	or purchase of fire stations, water mains and fire hydrants,
352	fire trucks, and other vehicles and equipment consistent with
353	any adopted local general-purpose government ordinances, rules,
354	or regulations. The district shall agree, at the request of the
355	local general-purpose government, subject to a developer's
356	agreement with the City of North Port (neither party's consent
357	to said developer's agreement shall be unreasonably withheld),
358	to donate and turn over operation of all or any portion of said
359	equipment and facilities to the local general-purpose
360	government.
361	(w)  To submit for and obtain permits, make and enter into
362	contracts and agreements as are necessary or incidental to the
363	performance of the duties imposed and the execution of the
364	powers granted under this act, and employ such consulting and
365	other engineers, superintendents, managers, administrators,
366	construction and financial experts, attorneys, and such
367	employees and agents as may, in the judgment of the district, be
368	necessary, and fix their compensation.
369	(x)  To require any individual or entity desiring to
370	construct any structure in, over, under, upon, or occupying
371	district property or right-of-way or connecting to or utilizing
372	the works of the district to first obtain written authorization
373	from the district and comply with all City of North Port and
374	district plans, rules, regulations, policies, and
375	specifications, provided that said written authorization shall
376	be issued upon compliance with such applicable City of North
377	Port and district plans, rules, regulations, policies, and
378	specifications. The board of supervisors shall be permitted the
379	discretion to deny or revoke any written authorization or
380	application for same if it is found that the matter for which
381	the authorization is sought or granted does not comply with the
382	City of North Port and district plans, rules, regulations, or
383	policies. All fees and costs, including construction, review,
384	inspection, copying, engineering, legal, and administrative
385	expenses of the district, shall be paid by the applicant seeking
386	the authorization. Any such district's written authorization
387	shall not be deemed or construed as being an alternative to or
388	in place of the applicant's obligation to also obtain all other
389	governmental building and construction permits and approvals.
390	Any conflict between City of North Port and district plans,
391	rules, regulations, policies, and specifications shall be
392	resolved in favor of the City of North Port.
393	(y)  To include in a plan of improvements, the engineer's
394	report, or the authorizing and implementing documents under
395	chapter 170, Florida Statutes, which shall include, but are not
396	limited to, all applicable resolutions, assessment maps, and
397	assessment rolls ("chapter 170 authorizing documents"), all or
398	one or more of the various powers and functions, including
399	individual parts or components thereof, of the district or any
400	combination of same, and to construct and finance said
401	individual or a combination of such powers and functions,
402	including individual parts or components thereof. It is the
403	intent of this section that a plan of improvements, the
404	engineer's report, or chapter 170 authorizing documents may
405	provide for a single benefit to the land authorized by the laws
406	pertaining to the district or one or more of all of said
407	benefits or a combination thereof as long as there are benefits
408	accruing to the land.
409	(z)  To provide in a plan of improvements, the engineer's
410	report, or chapter 170 authorizing documents that in assessing
411	the benefits and damages to be incurred by lands of the district
412	from the implementation, provision, or construction of a plan of
413	improvements or improvements or services, pursuant to chapter
414	170 authorizing documents, the varying types of existing or
415	proposed land uses of the land within the unit or affected by
416	such construction or implementation, as the case may be, may be
417	considered and be entitled to so assess the benefits and
418	damages. The district may levy non-ad valorem assessments based
419	upon the benefits assessed in such manner, taking into account
420	the varying existing or proposed land uses of the land affected
421	by such construction as shall provide for the equitable
422	apportionment of such assessments. Such assessments may be
423	levied on the basis of lots, units, acreage, parcels, equivalent
424	connection, or uses or as otherwise set forth in the engineer's
425	report or in the chapter 170 authorizing documents.
426	(aa)  To establish and create such departments, committees,
427	boards, or other agencies, including a public relations
428	committee, as from time to time the board of supervisors may
429	deem necessary or desirable in the performance of the acts or
430	other things necessary to the exercise of the powers provided in
431	this act, and to delegate to such departments, committees,
432	boards, or other agencies such administrative duties and other
433	powers as the board of supervisors may deem necessary and to
434	exercise all other powers necessary, convenient, or proper in
435	connection with any of the powers or duties of said district
436	stated in this act by and through the board of supervisors.
437	Notwithstanding anything contained herein, no such departments,
438	committees, boards, or other agencies shall have the power or
439	authority to supersede any powers or authorities of the City of
440	North Port.
441	(bb)  Notwithstanding any authority contained within this
442	section, the development, operation, or maintenance of any
443	district facilities or services shall comply with the adopted
444	comprehensive plan, unified land development code, zoning code,
445	and any other city codes of the City of North Port.
446	(cc)  To establish, or otherwise make available, a plan for
447	retirement, disability, dental, death, hospitalization, and
448	other appropriate benefits for employees of the district.
449	(dd)  To invest surplus funds of the district consistent
450	with the Investment of Local Government Surplus Funds Act, part
451	IV, chapter 218, Florida Statutes.
452	(ee)  To submit to the City of North Port the plan of
453	improvement for major government infrastructure capital elements
454	that may eventually be dedicated or donated to the City of North
455	Port so that the city can rely on and incorporate said plan of
456	improvement into the city's capital improvement plan.
457	(ff)  To apply for, obtain, and utilize any grants from
458	other entities consistent with the powers of the district;
459	provided, however, that the district shall coordinate with and
460	obtain timely authorization from the City of North Port
461	Commission or its designee prior to the submittal of any grant
462	application.
463	(gg)  Following methodology consistent with the county's
464	concurrency management regulations, or the concurrency
465	regulations of an adjacent county impacted by the development,
466	and notwithstanding any authority contained within this section,
467	the district shall not construct any improvements within the
468	district pursuant to any development order where that
469	development would cause the level of service on any concurrency
470	regulated facility in Sarasota County, Charlotte County, or
471	Desoto County to drop below the level of service adopted as of
472	the effective date of this act, or a subsequently reduced level
473	of service, in any affected county's comprehensive plan pursuant
474	to chapter 163, Florida Statutes, without paying its fair share
475	contribution to improving that facility. Affected counties shall
476	have the right under section 163.3215, Florida Statutes, to
477	contest any such development order on the basis that it fails to
478	require the district to pay its fair share contribution. The
479	fair share contribution shall include both the contribution to
480	the county from the fair share collected by the City of North
481	Port pursuant to the county's impact fee ordinance and
482	interlocal agreements between Sarasota County, affected
483	counties, and the City of North Port, as well as direct
484	contributions made to the counties by the district. Nothing
485	contained herein shall be construed as limiting the obligations
486	of the district or property owners therein as set forth in
487	Florida Statutes and applicable rules or to limit the
488	development of infrastructure, roads, or public improvements.
489	(hh)  To collect fair share contributions from Sarasota
490	County should Sarasota County approve any development order in
491	Sarasota County that creates impacts to concurrency regulated
492	facilities within the district, which would cause the level of
493	service on any concurrency regulated facility in the district to
494	drop below the level of service adopted by the City of North
495	Port for such facility as of the effective date of this act, or
496	subsequently reduced level of service.
497	(3)  To include in a plan of improvements the engineer's
498	report, chapter 170 authorizing documents, or otherwise provide
499	for the exercise of the district's powers, services, facilities,
500	and improvements beyond the territorial boundaries of the
501	district, when necessary and appropriate to provide a benefit on
502	behalf of lands located within the district and pursuant to an
503	approved plan of improvements or chapter 170 authorizing
504	documents. Any such construction must be in accordance with the
505	city's master plans and requirements. Any such construction
506	within Sarasota County must be in accordance with the county's
507	comprehensive plan, master plans, and thoroughfare plan. The
508	North Port Orange Hammock Improvement District shall cooperate
509	and coordinate its activities with the units of general-purpose
510	local government in which it is located, including the City of
511	North Port and Sarasota County, as well as Charlotte and DeSoto
512	Counties, with regard to roadway and traffic issues that may
513	arise. The district is authorized to enter into interlocal
514	agreements with the City of North Port, Sarasota County,
515	Charlotte County, Desoto County, or any other units of
516	government. Whenever the district intends to utilize its powers
517	to construct or cause to be constructed infrastructure projects
518	or programs within the district or as necessary and permitted
519	outside the district boundaries, the district shall provide
520	copies of all plans and infrastructure permit applications to
521	the appropriate county planning director or development services
522	business center at such time as the district submits such plans
523	or permit applications to the City of North Port or other
524	permitting authority, but, in any event, at least 30 days before
525	the City of North Port or other permitting authority issues
526	permits for those projects. The district shall allow Sarasota
527	County, and adjacent counties where appropriate, 30 days after
528	submission to the county to comment on those plans and permit
529	applications, but, as to construction or improvements that are
530	not within Sarasota County, the county's approval is not
531	required for the district to proceed with the project. Sarasota
532	County shall not unduly interfere with the district's exercise
533	of its powers conferred by this act.
534	Section 5.  Board of supervisors; election, organization,
535	powers, duties, and terms of office.--
536	(1)  There is hereby created the board of supervisors of
537	the North Port Orange Hammock Improvement District, which shall
538	be the governing body of said district.
539	(2)  Said board of supervisors shall consist of five
540	persons who, except as herein otherwise provided, shall hold
541	office for terms of 4 years each and until their successors
542	shall be duly elected and qualified.
543	(3)  The first board of supervisors shall be composed of
544	five persons, two of whom shall hold office for 4 years each,
545	one of whom shall hold office for 3 years, one of whom shall
546	hold office for 2 years, and one of whom shall hold office for 1
547	year, which terms shall terminate in June of their applicable
548	final year. Within 120 days after this act becomes a law, a
549	special meeting of landowners of the North Port Orange Hammock
550	Improvement District shall be held for the purpose of electing
551	the first board of supervisors as herein provided. Notice of
552	such special meeting of landowners shall be given by causing
553	publication thereof to be made once a week for 2 consecutive
554	weeks prior to such meeting in the newspaper of general paid
555	circulation that the City of North Port publishes notices of
556	city meetings, and, prior to the meeting, provision of 2 weeks'
557	advance written notice to the City of North Port Manager,
558	including the agenda and any backup material. Such special
559	meeting of landowners shall be held in a public place in the
560	City of North Port, and the place, date, and hour of holding
561	such meeting and the purpose thereof shall be stated in the
562	notice. The landowners, when assembled, shall organize by
563	electing a chair who shall preside at the meeting and a vice
564	chair, secretary, and treasurer. At such meeting, each and every
565	acre, or any fraction thereof, of land in the district shall
566	represent one vote, and each owner shall be entitled to one vote
567	in person or by written proxy for every acre of land, or any
568	fraction thereof, owned by such owner in the district.
569	Candidates must be citizens of the United States and shall be
570	nominated prior to commencement of the initial election. The
571	landowners shall first vote for the two supervisors who are to
572	hold office for the two seats for initial terms of 4 years as
573	herein provided, and the persons receiving the highest and next
574	highest number of votes for such supervisor offices shall be
575	declared and elected as the supervisors for said two seats. The
576	landowners shall next vote for the supervisor who is to hold
577	office for that seat for a term of 3 years as provided herein,
578	and the person receiving the highest number of votes for such
579	supervisor shall be declared and elected as such supervisor for
580	said seat. Said landowners shall continue to so vote for each
581	remaining seat until the supervisor who is to hold office for
582	the term of 1 year as herein provided is elected for said seat.
583	The landowners present or voting by proxy at the meeting shall
584	constitute a quorum.
585	(4)  Each year during the month of June, beginning with
586	June of the second year following the first election, a
587	supervisor shall be elected, as hereinafter provided, by the
588	landowners of said district to take the place of the retiring
589	supervisor. All vacancies or expirations on said board shall be
590	filled as provided by this act. All supervisors of the district
591	shall be citizens of the United States. In order to be eligible
592	for election following the initial election of supervisors, a
593	candidate for an office of supervisor shall be required to file
594	a written notice of intention to be a candidate in said office
595	of the district at least 30 calendar days but not earlier than
596	90 calendar days before, but not including, the day of the
597	annual meeting of the landowners. In case of a vacancy in the
598	office of any supervisor, the remaining supervisors within 90
599	calendar days of the vacancy shall fill such vacancy until the
600	expiration of that seat's outstanding term when a successor
601	shall be elected by the landowners.
602	(5)  As soon as practicable after their election and the
603	taking of oaths of office, the board of supervisors shall
604	organize by choosing a chair and vice chair of the board of
605	supervisors and by electing some suitable persons, who may or
606	may not be members of the board, secretary and treasurer. The
607	board of supervisors shall adopt a seal that shall be the seal
608	of the district.
609	(6)  Each supervisor shall hold office until his or her
610	successor shall be elected and qualified. Whenever any election
611	shall be authorized or required by this act to be held by the
612	landowners at any particular or stated time or day, and if for
613	any reason such election shall not or cannot be held at such
614	time or on such day, then, in such event and in all and every
615	such event, the power or duty to hold such election shall not
616	cease or lapse, but such election shall be held thereafter as
617	soon as practicable and consistent with this act.
618	(7)  The supervisors shall not receive any compensation for
619	their services.
620	Section 6.  Meetings of landowners.--
621	(1)  Each year during the month of June, a meeting of the
622	landowners of the district shall be held, when necessary, for
623	the purpose of electing a supervisor and hearing reports of the
624	board of supervisors and considering any matters upon which the
625	board of supervisors may request the advice and views of the
626	landowners. The board of supervisors shall have the power to
627	call special meetings of the landowners at any time to consider
628	and act upon any matter upon which the board of supervisors may
629	request action, direction, or advice. Notice of all meetings of
630	the landowners shall be given by the board of supervisors by
631	causing publication thereof to be made for 2 consecutive weeks
632	prior to such meeting in the newspaper of general paid
633	circulation that the City of North Port publishes notices of
634	city meetings, and, prior to the meeting, provision of 2 weeks'
635	advance written notice to the City of North Port Manager,
636	including the agenda and any backup material. The meetings of
637	the landowners shall be held in a public place in the City of
638	North Port, and the place, day, and hour of holding such
639	meetings shall be stated in the notice. The landowners, when
640	assembled, shall organize by electing a chair who shall preside
641	at the meeting. The secretary of the board of supervisors shall
642	be the secretary of such meeting. At all such meetings, each and
643	every acre, or any fraction thereof, of land in the district
644	shall represent one vote, and each owner shall be entitled to
645	one vote in person or by written proxy for every acre, or any
646	fraction thereof, of land owned by such owner in the district.
647	The person receiving the highest number of votes for a
648	supervisor position shall be declared and elected as such
649	supervisor. Those landowners present or voting by proxy at the
650	meeting, including the initial meeting, shall constitute a
651	quorum at any meeting of the landowners.
652	(2)  Guardians may represent their wards, and personal
653	representatives may represent the estates of deceased persons.
654	Trustees may represent lands held by them in trust, and private
655	and municipal corporations may be represented by their officers
656	or duly authorized agents. Guardians, personal representatives,
657	trustees, and corporations may vote by proxy.
658	Section 7.  Installment assessments; levied and
659	apportioned; collection.--
660	(1)  The board of supervisors shall determine, order, and
661	levy the amount of the annual installments of the non-ad valorem
662	assessments levied under section 298.305, Florida Statutes,
663	which shall become due and collected during each year at the
664	same time that county taxes are due and collected, which levy
665	shall be evidenced to and certified by the board to the Tax
666	Collector of Sarasota County, pursuant to sections 197.3631,
667	197.3632, and 197.3635, Florida Statutes. Said non-ad valorem
668	assessments shall be extended by the county tax collector on the
669	tax roll and shall be collected by the tax collector and the net
670	proceeds thereof paid to said district. Said non-ad valorem
671	assessments shall be a lien until paid on the property against
672	which it is assessed and enforceable in like manner as county
673	taxes.
674	(2)  As an alternative, in addition to, or in combination
675	with the above levy and assessment procedure for non-ad valorem
676	assessments, the district shall have, and the board of
677	supervisors may exercise, the power to determine, order, levy,
678	impose, collect, and enforce special assessments pursuant to
679	chapter 170, Florida Statutes. Such special assessments may, at
680	the discretion of the district, be collected and enforced
681	pursuant to the provisions of sections 197.3631, 197.3632, and
682	197.3635, Florida Statutes, chapter 170, Florida Statutes, or as
683	otherwise determined by the board.
684	Section 8.  Maintenance assessment.--
685	(1)  In lieu of any maintenance assessment provision of
686	chapter 298, Florida Statutes, when, in order to operate,
687	maintain, and preserve the improvements made, constructed,
688	installed, acquired, or received pursuant to this act and to
689	repair, upgrade, replace, extend, and restore the same, when
690	needed, and for the purpose of defraying the expenses, including
691	administration, of the district, the board of supervisors may
692	levy annually an assessment on specified property in the
693	district, to be known as a "maintenance assessment." Said
694	maintenance assessment shall be evidenced to and certified by
695	the board to the Tax Collector of Sarasota County in the same
696	fashion and manner as other district non-ad valorem assessments
697	and shall be collected by the tax collector in the same manner
698	and time as county taxes and the proceeds therefrom paid to said
699	district. Said assessments shall be a lien until paid on the
700	property against which assessed and enforceable in like manner
701	as county taxes.
702	(2)  Provisions may be made for the financing, acquisition,
703	replacement, and maintenance of capital improvements necessary
704	for the operation of the district as a part of the maintenance
705	assessment.
706	Section 9.  Compensation of property appraiser and tax
707	collector.--The property appraiser and tax collector shall be
708	entitled to compensation for services performed in connection
709	with assessments of said district as provided by general law.
710	Section 10.  Acreage assessment for payment of initial
711	formation and organization expenses.--There is hereby authorized
712	by the Legislature upon each and every acre of land within the
713	territorial boundary of the district, the authority through its
714	said board of supervisors, and for the purpose of paying
715	expenses incurred or to be incurred in organizing the district,
716	the authority to levy such non-ad valorem assessments as may be
717	determined by said board of supervisors, before said board of
718	supervisors shall otherwise be able to obtain funds under the
719	provisions of this act or the general laws of the state. Such
720	organizing assessments shall become due and payable as
721	determined by the board of supervisors and shall become
722	delinquent 90 days thereafter. Said assessment shall be a lien
723	upon the lands in said district from the date of the enactment
724	of this act and may be collected in the same manner as the
725	annual installment of non-ad valorem assessments or as otherwise
726	determined by the board of supervisors. If it shall appear to
727	the board of supervisors to be necessary to obtain funds to pay
728	any expenses incurred or to be incurred in organizing said
729	district, preparing a plan of improvements or chapter 170
730	authorizing documents, or other expenses of the conduct and
731	operation of the district before a sufficient sum can be
732	obtained by the collection of the organization assessment
733	authorized by this section, said board of supervisors may also
734	borrow a sufficient sum of money for any of said purposes at a
735	statutory lawful rate of the interest and may issue negotiable
736	notes or bonds therefor and may pledge any and all assessments
737	of the formation assessment that may be levied under the
738	provisions of this section for the repayment thereof.
739	Section 11.  Bonds may be issued, sale and disposition of
740	proceeds; interest; levy to pay bonds; bonds and duties of
741	treasurer.--
742	(1)  The provisions of this section shall constitute full
743	and complete authority for the issuance of bonds by the
744	district.
745	(2)  Provided that any and all loans or bonds of the
746	district are nonrecourse as to the City of North Port, the board
747	of supervisors may issue bonds not to exceed the lesser of $500
748	million in principal at any time or 90 percent of the total
749	amount of the non-ad valorem assessments levied under the
750	provisions of section 298.305, Florida Statutes, or equal to the
751	total amount levied under chapter 170, Florida Statutes, bearing
752	interest from date at a rate not to exceed the statutory lawful
753	maximum per annum, payable annually or semiannually, to mature
754	at annual intervals within 40 years commencing after a period of
755	not later than 10 years, to be determined by the board of
756	supervisors, with both principal and interest payable at some
757	convenient place designated by the board of supervisors to be
758	named in said bonds, which bonds shall be signed by the chair of
759	the board of supervisors, and attested with the seal of the
760	district and by the signature of the secretary of the board. All
761	of said bonds shall be executed and delivered to the district or
762	its agent, which shall sell the same in such quantities and at
763	such dates as the board of supervisors may deem necessary to
764	meet the payments for the works, services, and improvements in
765	and of the district. A sufficient amount of the non-ad valorem
766	assessment shall be appropriated by the board of supervisors for
767	the purpose of paying the principal, premium, if any, and
768	interest of said bonds, and the same shall, when collected, be
769	preserved in a separate fund for that purpose and no other. All
770	bonds not paid at maturity shall bear interest at a rate not to
771	exceed the statutory lawful maximum per annum from maturity
772	until paid, or until sufficient funds have been deposited at the
773	place of payment, and said interest shall be appropriated by the
774	board of supervisors out of the penalties and interest collected
775	on delinquent assessments or other available funds of the
776	district. Provided, however, that it may, at the discretion of
777	said board, be provided that at any time after such date as
778	shall be fixed by the said board, said bonds may be redeemed
779	before maturity at the option of said board, or their successors
780	in office, by being made callable prior to maturity at such
781	times and upon such prices and terms and other conditions as
782	said board shall determine. If any bond so issued subject to
783	redemption before maturity shall not be presented when called
784	for redemption, it shall cease to bear interest from and after
785	the date so fixed for redemption.
786	(3)  The board of supervisors shall have authority to issue
787	refunding bonds to take up any outstanding bonds and any
788	interest accrued thereon when, in the judgment of said board, it
789	shall be for the best interest of said district so to do. The
790	said board is hereby authorized and empowered to issue refunding
791	bonds to take up and refund all bonds of said district
792	outstanding that are subject to call and prior redemption, all
793	interest accrued to the date of such call or prior redemption,
794	and all bonds of said district that are not subject to call or
795	redemption, together with all accrued interest thereon, where
796	the surrender of said bonds can be procured from the holders
797	thereof at prices satisfactory to the board or can be exchanged
798	for such outstanding bonds with the consent of the holder
799	thereof. Such refunding bonds may mature at any time or times at
800	the discretion of said board, not later, however, than 40 years
801	from the date of issuance of said refunding bonds. Said
802	refunding bonds shall bear such date of issue and such other
803	details as the board shall determine, and may, at the discretion
804	of said board, be made callable prior to maturity at such times
805	and upon such prices and terms and other conditions as said
806	board shall determine. All the other applicable provisions of
807	this act not inconsistent therewith shall apply fully to said
808	refunding bonds, and the holders thereof shall have all the
809	rights, remedies, and security of the outstanding bonds
810	refunded, except as may be provided otherwise in the resolution
811	of the board authorizing the issuance of such refunding bonds.
812	Any funds available in the sinking fund for the payment of the
813	principal, premium, if any, and interest of outstanding bonds
814	may be retained in the fund to be used for the payment of the
815	principal, premium, if any, and interest of the refunding bonds
816	at the discretion of the board of supervisors. Any expenses
817	incurred in buying any or all bonds authorized under the
818	provisions of this section, and the interest thereon and a
819	reasonable compensation for paying same, shall be paid out of
820	the funds in the hands of the district and collected for the
821	purpose of meeting the expenses of administration. It shall be
822	the duty of the said board of supervisors in making the annual
823	non-ad valorem assessment levy as heretofore provided to take
824	into account the maturing bonds and interest on all bonds and
825	expenses and to make provisions in advance for the payment of
826	same.
827	(4)  In addition to the other powers provided the district,
828	and not in limitation thereof, the district shall have the
829	power, at any time, and from time to time after the issuance of
830	any bonds of the district shall have been authorized, to borrow
831	money for the purposes for which such bonds are to be issued in
832	anticipation of the receipt of the proceeds of the sale of such
833	bonds and to issue bond anticipation notes in a principal sum
834	not in excess of the authorized maximum amount of such bond
835	issue.
836	(5)  The district shall have the power to issue revenue
837	bonds from time to time without limitation as to amount for the
838	purpose of financing its systems and facilities. Such revenue
839	bonds may be secured by, or payable from, the gross or net
840	pledge of the revenues to be derived from any project or
841	combination of projects; from the rates, fees, or other charges
842	to be collected from the users of any project or projects; from
843	any revenue-producing undertaking or activity of the district;
844	from special assessments; or from any other source or pledged
845	security. Such bonds shall not constitute an indebtedness of the
846	district, and the approval of qualified electors shall not be
847	required unless such bonds are additionally secured by the full
848	faith and credit and assessing power of the district.
849	(6)  Prior to the issuance of bonds under the provisions of
850	this act, the board of supervisors may from time to time issue
851	warrants or negotiable notes or other evidences of debt of the
852	district, all of which shall be termed "floating indebtedness"
853	in order to distinguish the same from the bonded debt provided
854	for. The notes or other evidences of indebtedness shall be
855	payable at such times and shall bear interest at a rate not
856	exceeding the lawful statutory maximum per annum and may be sold
857	or discounted at such price or on such terms as the board may
858	deem advisable. The board shall have the right, in order to
859	provide for the payment thereof, to pledge the whole or any part
860	of the assessments or revenues provided for in this act, whether
861	the same shall be theretofore or thereafter levied, and said
862	board shall have the right to provide that the floating debt
863	shall be payable from the proceeds arising from the sale of
864	bonds or from the proceeds of any such assessment, or both.
865	After the issuance of any bonds of the district under the
866	provisions of this act, the power to create such floating debt
867	and pledge the assessments or revenue therefor shall continue.
868	(7)(a)  Pursuant to this act, the district shall have the
869	power from time to time to issue general obligation bonds to
870	finance or refinance capital projects or to refund outstanding
871	bonds in an aggregate principal amount of bonds outstanding at
872	any one time not in excess of 35 percent of the assessed value
873	of the taxable property within the district as shown on the
874	pertinent property appraiser valuation records at the time of
875	the authorization of the general obligation bonds for which the
876	full faith and credit of the district is pledged. Except for
877	refunding bonds, no general obligation bonds shall be issued
878	unless the bonds are issued to finance or refinance a capital
879	project, and the issuance has been approved at an election held
880	in accordance with the requirements for such election as
881	prescribed by the State Constitution. Such elections shall be
882	called to be held in the district, with the expenses of calling
883	and holding an election to be at the expense of the district.
884	(b)  The district may pledge its full faith and credit for
885	the payment of the principal and interest on such general
886	obligation bonds and for any reserve funds provided therefor and
887	may unconditionally and irrevocably pledge its assessments or
888	revenues on all taxable property within the district, to the
889	extent necessary for the payment thereof, without limitations as
890	to greater amount.
891	(c)  If the board determines to issue general obligation
892	bonds for more than one capital project, the approval of the
893	issuance of the bonds for each and all such projects may be
894	submitted to the electorate on one and the same ballot. The
895	failure of the electors to approve the issuance of bonds for any
896	one or more of the capital projects shall not defeat the
897	approval of bonds for any capital project that has been approved
898	by the electors.
899	(d)  In arriving at the amount of general obligation bonds
900	permitted to be outstanding at any one time pursuant to
901	paragraph (a), there shall not be included any general
902	obligation bonds that are additionally secured by the pledge of:
903	1.  Special assessments levied in the amount sufficient to
904	pay the principal and interest on a general obligation bond so
905	additionally secured, which assessments have been equalized and
906	confirmed by resolution or ordinance of the board pursuant to
907	section 170.08, Florida Statutes.
908	2.  Water revenues, sewer revenues, or water and sewer
909	revenues of the district to be derived from user fees that have
910	been approved by the City of North Port Commission or its
911	designee and in an amount sufficient to pay the principal and
912	interest on the general obligation bond so additionally secured.
913	3.  Any combination of assessments and revenues described
914	in subparagraphs 1 and 2.
915	(8)  In case the proceeds of the original assessment and
916	levy made under the provisions of section 298.305, Florida
917	Statutes, or chapter 170, Florida Statutes, is not sufficient to
918	pay the principal, premium, if any, and interest of all bonds
919	issued, then the board of supervisors shall make such additional
920	levy or levies upon the benefits assessed as are necessary for
921	this purpose, and under no circumstances shall any levies be
922	made that will in any manner or to any extent impair the
923	security of said bonds or the fund available for the payment of
924	the principal and interest of the same.
925	(9)  After the several bonds are paid and retired as herein
926	provided, they shall be returned and canceled and an appropriate
927	record thereof made in a book to be kept for that purpose, which
928	record of paid and canceled bonds shall be kept at the office of
929	the treasurer and shall be open for inspection by any bondholder
930	at any time.
931	(10)  Any issue of bonds may be secured by a trust
932	agreement by and between the district and a corporate trustee or
933	trustees, which may be any trust company or bank having the
934	powers of a trust company within or without the state. The
935	resolution authorizing the issuance of the bonds or such trust
936	agreement may pledge the revenues to be received from any
937	projects of the district and may contain such provisions for
938	protecting and enforcing the rights and remedies of the
939	bondholders as the board may approve, including, without
940	limitation, covenants setting forth the duties of the district
941	in relation to the acquisition, construction, reconstruction,
942	improvement, maintenance, repair, operation, and insurance of
943	any projects; the fixing and revising of the rates, fees, and
944	charges; and the custody, safeguarding, and application of all
945	moneys and for the employment of consulting engineers in
946	connection with such acquisition, construction, reconstruction,
947	improvement, maintenance, repair, or operation.
948	(11)  Bonds of each issue shall be dated; shall bear
949	interest at such rate or rates, including variable rates, which
950	interest may be tax exempt or taxable for federal income tax
951	purposes; shall mature at such time or times from their date or
952	dates; and may be made redeemable before maturity at such price
953	or prices and under such terms and conditions as may be
954	determined by the board.
955	(12)  No bonds issued by the district shall be required to
956	be validated under chapter 75, Florida Statutes, or other
957	provision of law.
958	Section 12.  Unit development; powers of supervisors to
959	designate units of development and adopt systems of progressive
960	development by units; plan of improvements and financing
961	assessments for each unit.--
962	(1)  Upon written petition signed by the owners of 51
963	percent of the acreage in any area, the board of supervisors of
964	the district shall have the power and is hereby authorized in
965	its discretion to exercise such powers authorized in this act,
966	the lands in said designated area or part of the district to be
967	called a "unit." The units into which said district may be so
968	divided shall be given appropriate numbers or names by said
969	board of supervisors, so that said units may be readily
970	identified and distinguished. The board of supervisors shall
971	have the power to fix and determine the location, area, and
972	boundaries of and lands to be included in each and all such
973	units with the consent of the owners of 51 percent of the
974	acreage in any area, and the method of carrying on the work in
975	each unit. If the board of supervisors shall determine that it
976	is advisable to conduct the work of the district by units, as
977	authorized by this section, said board shall, by resolution duly
978	adopted and entered upon its minutes, declare its purpose to
979	conduct such work accordingly and, upon petition of the owners
980	of 51 percent of the acreage in any area, shall at the same time
981	and manner fix the number, location, and boundaries of and
982	description of lands within such unit or units and give
983	appropriate numbers or names, which unit or units may overlay or
984	overlap one or more other units. As soon as practicable after
985	the adoption and recording of a resolution as to any unit, said
986	board of supervisors shall publish a notice once a week for 2
987	consecutive weeks in a newspaper of general paid circulation in
988	which the City of North Port publishes notices of city meetings
989	and, by provision of 2 weeks' advance written notice to the City
990	of North Port Manager, briefly describing the unit or units into
991	which the district has been divided and the lands embraced in
992	each unit, giving the name, number, or other designation of such
993	units, requiring all owners of lands in the district to show
994	cause in writing before said board of supervisors at a time and
995	place to be stated in such notice why such division of said
996	district into such unit or units should not be approved, and why
997	the proceedings and powers authorized by this section should not
998	be had, taken, and exercised. At the time and place stated in
999	said notice, said board of supervisors shall hear all objections
1000	or causes of objection, all of which shall be in writing, of any
1001	landowner in the district to the matters mentioned and referred
1002	to in such notice, and if no objections are made, or if said
1003	objections, if made, shall be overruled by said board, then said
1004	board shall enter in its minutes its finding and order
1005	confirming said resolution and may thereafter proceed with the
1006	development of the district by unit or units pursuant to such
1007	resolution and to the provisions of this act. If, however, said
1008	board of supervisors shall find as a result of such objections,
1009	or any of them, or the hearing thereon, that the division of the
1010	district into such unit or units as aforesaid should not be
1011	approved, or that the proceedings and powers authorized by this
1012	section should not be had, taken, or exercised, or that any
1013	other matter or thing embraced in said resolution would not be
1014	in the best interest of the landowners of said unit or units or
1015	would be unjust or unfair to any landowner therein or otherwise
1016	inconsistent with fair and equal protection and enforcement of
1017	the rights of every landowner in said unit or units, then the
1018	board of supervisors shall not proceed further under such
1019	resolution; but said board of supervisors may, as a result of
1020	such hearing, modify or amend said resolution so as to meet such
1021	objections so made, and thereupon said board may confirm said
1022	resolution as so modified or amended and may thereafter proceed
1023	accordingly. If said board of supervisors shall overrule or
1024	refuse to sustain any such objections in whole or in part made
1025	by any landowner in the district, or if any such landowner shall
1026	deem himself or herself aggrieved by any action of the board of
1027	supervisors in respect to any objections so filed, such
1028	landowner may, within 10 days after the ruling of said board,
1029	file his or her complaint in the Circuit Court of Sarasota
1030	County against said district, praying an injunction or other
1031	appropriate relief against the action or any part of such action
1032	proposed by such resolution or resolutions of said board, and
1033	such suits shall be conducted like other suits, except that said
1034	suits shall have preference over all other pending actions
1035	except criminal actions and writs of habeas corpus. Upon the
1036	hearing of said cause, the circuit court shall have the power to
1037	hear the objections and receive the evidence thereon of all
1038	parties to such cause and approve or disapprove said resolutions
1039	and action of the board in whole or in part, and to render such
1040	decree in such cause as right and justice require.
1041	(2)  When said resolutions creating said unit or units
1042	shall be confirmed by the board of supervisors (or by the
1043	Circuit Court of Sarasota County, if such proposed action shall
1044	be challenged by a landowner by the judicial proceedings
1045	hereinabove authorized), the board of supervisors may adopt a
1046	plan of improvements or chapter 170 authorizing documents for
1047	and in respect to any or all such units and to have the benefits
1048	and damages resulting therefrom assessed and apportioned as is
1049	provided by law in regard to a plan of improvements or chapter
1050	170 authorizing documents for and assessments for benefits and
1051	damages of the entire district. With respect to the plan of
1052	improvements, notices, appointment of engineer to prepare a
1053	report assessing the benefits and damages, the engineer's report
1054	and notice and confirmation thereof, the levy of assessments,
1055	including maintenance assessments, the issuance of bonds, the
1056	exercise or use of chapter 170, Florida Statutes, proceedings
1057	and all other proceedings as to each and all of such units, said
1058	board shall follow and comply with the same procedure as is
1059	provided by law with respect to the entire district, and said
1060	board of supervisors shall have the same powers in respect to
1061	each and all of such units as is vested in them with respect to
1062	the entire district. All the provisions of this act shall apply
1063	to the improvement of each, any, and all of such units, and the
1064	enumeration of or reference to specific powers or duties of the
1065	supervisors or any other officers or other matters in this act
1066	as hereinabove set forth, shall not limit or restrict the
1067	application of any and all of the proceedings and powers herein
1068	for such units as fully and completely as if such unit or units
1069	were specifically and expressly named in every section and
1070	clause of this act where the entire district is mentioned or
1071	referred to. All assessments, levies, bonds, and other
1072	obligations made, levied, assessed, or issued for or in respect
1073	to any such unit or units shall be a lien and charge solely and
1074	only upon the lands in such unit or units, respectively, for the
1075	benefit of which the same shall be levied, made, or issued, and
1076	not upon the remaining units or lands in the district. The board
1077	of supervisors, upon an affirmative vote of a simple majority of
1078	qualified electors, as defined in chapter 189, Florida Statutes,
1079	within said unit voting in a referendum, or upon approval of the
1080	landowners of 51 percent of the acreage in said unit if there
1081	are no residents in said unit, may at any time amend its
1082	resolutions by changing the location and description of lands in
1083	any such unit or units and provided, further, that if the
1084	location or description of lands located in any such unit or
1085	units is so changed, notice of such change shall be published as
1086	hereinabove required in this section for notice of the formation
1087	or organization of such unit or units; provided, however, that
1088	no lands against which benefits shall have been assessed may be
1089	detached from any such unit after the final adoption of the
1090	engineer's report of benefits or chapter 170 authorizing
1091	document, in such unit or units or the issuance of bonds or
1092	other obligations which are payable from assessments for
1093	benefits levied upon the lands within such unit or units.
1094	(3)  If, after adoption of the engineer's report of
1095	benefits and chapter 170 authorizing documents in such unit or
1096	units, or the issuance of bonds or other obligations that are
1097	payable from assessments for benefits levied upon lands within
1098	such unit or units, the board of supervisors finds the plan of
1099	improvements, engineer's report, or chapter 170 authorizing
1100	documents for any such unit or units insufficient or inadequate
1101	for efficient development, the same may be amended or changed as
1102	provided in this act or chapter 170 or chapter 298, Florida
1103	Statutes, and the unit or units may be amended or changed as
1104	provided in this section by changing the location and
1105	description of lands in any such unit or units by detaching
1106	lands therefrom or by adding land thereto, upon the approval of
1107	at least 51 percent of the landowners according to acreage in
1108	any such unit, and provided that in such event all assessments,
1109	levies, fees, bonds, and other obligations made, levied,
1110	assessed, incurred, or issued for or in respect to any such unit
1111	or units may be allocated and apportioned to the amended unit or
1112	units in proportion to the benefits assessed by the engineer's
1113	report, for the amended plan of improvements and said report
1114	shall specifically provide for such allocation and
1115	apportionment. The landowners shall file their approval of or
1116	objections to such amended plan of improvements within the time
1117	provided in section 298.301, Florida Statutes, or, when used,
1118	such applicable deadline provision, if any, of chapter 170,
1119	Florida Statutes, and shall file their approval of or objections
1120	to the amendment of such unit as provided in this section.
1121	(4)  No assessable lands shall be detached from any unit
1122	after the issuance of bonds or other obligations for such unit
1123	except upon the consent of a majority of the holders, based on
1124	face value of the outstanding bonds, of such bonds or other
1125	obligations. In the event of the change of the boundaries of any
1126	unit as provided herein and the allocation and apportionment to
1127	the amended unit or units of assessments, levies, fees, bonds,
1128	and other obligations in proportion to the benefits assessed,
1129	the holder of the bonds or other obligations heretofore issued
1130	for the original unit who consents to such allocation and
1131	apportionment shall be entitled to all rights and remedies
1132	against any lands added to the amended unit or units as fully
1133	and to the same extent as if such added lands had formed and
1134	constituted a part of the original unit or units at the time of
1135	the original issuance of such bonds or other obligations, and
1136	regardless of whether the holders of such bonds or other
1137	obligations are the original holders thereof or the holders from
1138	time to time hereafter, and the rights and remedies of such
1139	holders against the lands in the amended unit or units,
1140	including any lands added thereto, under such allocation and
1141	apportionment, shall constitute vested and irrevocable rights
1142	and remedies to the holders from time to time of such bonds or
1143	other obligations as fully and to the same extent as if such
1144	bonds or other obligations had been originally issued to finance
1145	the improvements in such amended unit or units.
1146	(5)  Upon the formation of a unit, the board is authorized
1147	to levy a one-time organizational special assessment tax per
1148	acre on the lands in a unit sufficient to prepare a plan of
1149	improvements or chapter 170 authorizing documents and have the
1150	benefits assessed as provided herein.
1151	(6)  The territorial limits of a unit may be expanded to
1152	include additional land by agreement between the district and
1153	all of the landowners of the land to be included in the unit,
1154	provided that, at the time of the execution of the agreement,
1155	the additional land is contained within the jurisdictional
1156	boundaries of the district. Land included in the unit by
1157	agreement shall thereafter be subject to the payment of all
1158	assessments or fees levied by the district in the unit and shall
1159	be subject to the provisions of all laws under which the
1160	district operates. The agreement shall be in recordable form and
1161	filed in the official records.
1162	(7)  The district shall not amend any plan of improvement
1163	for any unit in which any real property has been sold to the
1164	general public at large for residential and noncommercial
1165	purposes in such a way that said amendment results in any
1166	increase in the principal amount of debt then authorized for
1167	that unit, without an affirmative vote of a simple majority of
1168	qualified electors, as defined in chapter 189, Florida Statutes,
1169	within said unit voting in a referendum.
1170	Section 13.  Eminent domain.--The board of supervisors is
1171	hereby authorized, when reasonably necessary for the
1172	implementation of the powers granted to it under section 4, or
1173	for the implementation of district-authorized public
1174	infrastructure works, facilities, services, or roads and rights-
1175	of-way, to exercise its right and power of eminent domain:
1176	(1)  Within the district with prior approval by resolution
1177	of the governing body of the district and the City of North Port
1178	Commission.
1179	(2)  Further provided that the powers set forth in
1180	subsection (1) shall be exercised pursuant to the provisions of
1181	chapters 73 and 74, Florida Statutes, over any property within
1182	the district, except municipal, county, School District of
1183	Sarasota County, state, and federal property. Such right and
1184	power of eminent domain shall be subject to approval, by
1185	resolution, of the governing body of the affected county or
1186	municipality.
1187	Section 14.  Definition of 51 percent of acreage in any
1188	area.--When the consent of 51 percent of the acreage is required
1189	in any described geographical area for any purpose, in
1190	determining the acreage in the area, the lands and rights-of-way
1191	of the district and all lands which are or will be exempt or
1192	excluded from payment of the district assessments shall not be
1193	included in the acreage to determine the 51 percent consent
1194	requirements.
1195	Section 15.  Amending plan of improvements, engineer's
1196	report, or chapter 170 authorizing documents.--In addition to,
1197	and as an alternative to, the provisions of chapters 298 and
1198	170, Florida Statutes, a plan of improvements, the engineer's
1199	report, or chapter 170 authorizing document may be amended,
1200	modified, corrected, and changed from time to time in the
1201	following manner:
1202	(1)  The intent of this section, in part, is to give the
1203	board of supervisors power with broad latitude to make
1204	additional and such other improvements to the plan of
1205	improvements or chapter 170 authorizing documents that the board
1206	of supervisors considers appropriate to implement the purpose
1207	and intent of the plan of improvements or chapter 170
1208	authorizing documents and that, in the opinion of the board,
1209	results in a benefit to the land and will not increase the cost
1210	in excess of the total benefits assessed as provided herein. The
1211	district may accept for operation maintenance additional
1212	facilities which are within or outside its boundaries and
1213	supplement a plan of improvements or chapter 170 authorizing
1214	documents.
1215	(2)  As an alternate procedure, the board of supervisors
1216	shall have the power to change, alter, or amend a previously
1217	approved or adopted plan of improvements, engineer's report, or
1218	chapter 170 authorizing documents by duly adopted resolution;
1219	provided the district engineer certifies that all land subject
1220	to the previously approved or adopted plan of improvements or
1221	chapter 170 authorizing documents will receive the same or
1222	greater benefits as previously assessed and that the estimated
1223	cost of constructing the plan of improvements, including the
1224	changes or amendments to it, the engineer's report, or chapter
1225	170 authorizing documents do not exceed the total benefits
1226	assessed. Said resolution shall be filed with the secretary of
1227	the district and shall be binding upon the owners of lands
1228	subject to the plan of improvements, the engineer's report, or
1229	chapter 170 authorizing documents, as applicable, including
1230	their successors and assigns.
1231	(3)  When a plan of improvements, engineer's report, or
1232	chapter 170 authorizing document is amended, modified, or
1233	changed by any authorized procedure, the approval or consent of
1234	the holders of the bonds issued in respect to such plan,
1235	engineer's report, or chapter 170 authorizing document shall not
1236	be required, and amendments, modifications, and changes may be
1237	made to the plan of improvements, engineer's report, or chapter
1238	170 authorizing document without bondholders' approval or
1239	consent.
1240	(4)  The district shall not amend any plan of improvement
1241	for any unit in which any real property has been sold to the
1242	general public at large for residential and noncommercial
1243	purposes, in such a way that said amendment results in any
1244	increase in the principal amount of debt then authorized for
1245	that unit, without an affirmative vote of a simple majority of
1246	qualified electors, as defined in chapter 189, Florida Statutes,
1247	within said unit voting in a referendum.
1248	Section 16.  Meetings and notices.--All meetings of the
1249	board of supervisors of the district shall be held in the City
1250	of North Port and shall be audio or video taped. Further, all
1251	meetings shall be conducted under the procedures set forth in
1252	Robert's Rules of Order (the "Rules"), especially when making
1253	and discussing motions. Each board member shall receive a copy
1254	of the Rules and the board shall name a Parliamentarian who is
1255	well-versed in the application of the Rules to ensure adherence.
1256	The chairperson shall be responsible for preparing an agenda for
1257	each meeting and shall supply the agenda to all board members
1258	and make the same available to the residents and landowners at
1259	least 10 days prior to each meeting. Moreover, the right to
1260	public comment must be made available to the residents and
1261	landowners before the board of supervisors has made a decision.
1262	All public records held by the district shall be made available
1263	to the public pursuant to chapter 119, Florida Statutes,
1264	including exemptions thereto. Except as otherwise specifically
1265	set forth in the act, the board of supervisors shall hold its
1266	meetings pursuant to sections 189.416 and 189.417, Florida
1267	Statutes.
1268	Section 17.  Reports, budgets, audits.--The board of
1269	supervisors shall, on a semiannual basis, prepare a financial
1270	statement setting forth the necessary financial information to
1271	allow the residents and landowners to clearly determine the
1272	manner and methods used to address the needs of the district
1273	while ensuring the financial security of the district. The
1274	financial report shall include, but is not limited to, income
1275	statements, expense statements on a line-item basis, and any
1276	capital expenditures, maintenance expenditures, salaries, and
1277	other ordinary and extraordinary expenses attributed to the
1278	operation of the district. Said financial statements shall be
1279	provided to the City of North Port Finance Director at least 3
1280	weeks prior to the semiannual meeting of the board of
1281	supervisors. The district shall prepare and submit reports,
1282	budgets, and audits as provided in sections 189.415 and 189.418,
1283	Florida Statutes.
1284	Section 18.  Territorial boundaries.--The territorial
1285	boundaries of the district shall be as follows, to wit:
1286
1287	All of Sections 1, 2, 11, 12, 13, 14 and a portion of
1288	Sections 3, 4, 9, 10, 15 and 16, Township 39 South,
1289	Range 22 East, Sarasota County, Florida, being more
1290	particularly described as follows:
1291
1292	BEGINNING AT THE NORTHEAST CORNER OF SECTION 9,
1293	TOWNSHIP 39 SOUTH, RANGE 22 EAST ALSO BEING THE
1294	NORTHWEST CORNER OF SECTION 10; THENCE N.89°56'00"W.,
1295	N.89°56'00"W., (GRID BEARING, FLORIDA TRANSVERSE
1296	MERCATOR, WEST ZONE) ALONG THE NORTH LINE OF SAID
1297	SECTION 9, A DISTANCE OF 324.51 FEET TO A POINT IN THE
1298	ALDERMAN SLOUGH; THENCE FOLLOWING SAID ALDERMAN SLOUGH
1299	IN A SOUTHERLY DIRECTION, THE FOLLOWING COURSES:
1300	S.18°25'53"W., THROUGH SECTION 9 A DISTANCE OF 85.39
1301	FEET; THENCE S.27°12'16"E., A DISTANCE OF 517.18 FEET;
1302	THENCE S.57°39'41"E., A DISTANCE OF 124.04 FEET TO A
1303	POINT ON THE WEST LINE OF SECTION 10, BEARING
1304	S.00°58'09"W., A DISTANCE OF 607.04 FEET FROM THE
1305	NORTHWEST CORNER OF SAID SECTION 10; THENCE
1306	S.57°39'41"E., THROUGH SECTION 10 A DISTANCE OF 63.21
1307	FEET; THENCE S.10°12'48"E., A DISTANCE OF 555.38 FEET;
1308	THENCE S.07°21'16"E., A DISTANCE OF 672.34 FEET;
1309	THENCE S.10°44'03"E., A DISTANCE OF 651.24 FEET;
1310	THENCE S.10°36'13"W., A DISTANCE OF 530.75 FEET;
1311	THENCE S.01°14'47"W., A DISTANCE OF 820.24 FEET;
1312	THENCE S.03°22'21"E., A DISTANCE OF 253.99 FEET;
1313	THENCE S.08°05'01"E., A DISTANCE OF 925.01 FEET;
1314	THENCE S.12°02'12"E., A DISTANCE OF 324.13 FEET TO A
1315	POINT ON THE NORTH LINE OF SECTION 15, BEARING
1316	S.89°40'03"E., A DISTANCE OF 536.06 FEET FROM THE
1317	NORTHWEST CORNER OF SAID SECTION 15; THENCE THROUGH
1318	SECTION 15, S.12°02'12"E., A DISTANCE OF 127.44 FEET;
1319	THENCE S.09°19'36"E., A DISTANCE OF 688.88 FEET;
1320	THENCE S.04°17'39"E., A DISTANCE OF 145.23 FEET;
1321	THENCE S.11°04'54"E., A DISTANCE OF 278.80 FEET;
1322	THENCE S.18°24'37"W., A DISTANCE OF 118.03 FEET;
1323	THENCE S.27°30'33"W., A DISTANCE OF 170.26 FEET;
1324	THENCE S.05°11'15"E., A DISTANCE OF 86.33 FEET; THENCE
1325	S.07°05'59"W., A DISTANCE OF 206.26 FEET; THENCE
1326	S.03°47'11"E., A DISTANCE OF 108.15 FEET; THENCE
1327	S.15°38'29"W., A DISTANCE OF 229.08 FEET; THENCE
1328	S.11°11'29"W., A DISTANCE OF 651.33 FEET; THENCE
1329	S.04°17'53"W., A DISTANCE OF 74.25 FEET; THENCE
1330	S.16°13'07"W., A DISTANCE OF 79.94 FEET; THENCE
1331	S.06°56'07"W., A DISTANCE OF 292.06 FEET; THENCE
1332	S.19°33'24"W., A DISTANCE OF 62.42 FEET; THENCE
1333	S.51°48'15"W., A DISTANCE OF 177.50 FEET; THENCE
1334	S.35°17'02"W., A DISTANCE OF 182.82 FEET; THENCE
1335	S.51°44'00"W., A DISTANCE OF 129.18 FEET TO A POINT ON
1336	THE EAST LINE OF SECTION 16, BEARING N.00°16'13"E., A
1337	N.00°16'13"E., A DISTANCE OF 1734.15 FEET FROM THE
1338	SOUTHEAST CORNER OF SAID SECTION 16; THENCE
1339	S.51°44'00"W. THROUGH SECTION 16, A DISTANCE OF 18.84
1340	FEET; THENCE S.35°17'35"W., A DISTANCE OF 203.28 FEET
1341	TO A POINT ON THE NORTHERLY LIMITED ACCESS RIGHT-OF-
1342	WAY LINE FOR INTERSTATE HIGHWAY #75; THENCE
1343	S.44°57'25"E., ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
1344	OF 186.37 FEET TO A POINT ON THE WEST LINE OF SECTION
1345	15, BEARING N.00°06'13"E., A DISTANCE OF 1424.68 FEET
1346	FROM THE SOUTHWEST CORNER OF SAID SECTION 15, THENCE
1347	S.44°57'25"E. ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
1348	OF 2023.63 FEET TO AN INTERSECTION WITH THE SOUTH LINE
1349	OF SECTION 15, BEARING S.89°42'25"E. A DISTANCE OF
1350	1432.44 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION
1351	15; THENCE S.89°42'25"E., ALONG THE SOUTH LINE OF SAID
1352	SECTION 15 A DISTANCE OF 3869.24 FEET TO THE SOUTHWEST
1353	CORNER OF SECTION 14; THENCE S.89°42'24"E., ALONG THE
1354	SOUTH LINE OF SAID SECTION 14 A DISTANCE OF 5321.72
1355	FEET TO THE SOUTHWEST CORNER OF SECTION 13; THENCE
1356	S.89°42'24"E., ALONG THE SOUTH LINE OF SAID SECTION 13
1357	A DISTANCE OF 5413.63 FEET TO THE SOUTHEAST CORNER OF
1358	SAID SECTION 13 AND THE EAST RANGE LINE OF SAID
1359	TOWNSHIP 39 SOUTH, RANGE 22 EAST; THENCE
1360	N.00°14'50"E., ALONG THE EAST LINE OF SAID SECTION 13
1361	A DISTANCE OF 5325.52 FEET TO THE SOUTHEAST CORNER OF
1362	SECTION 12; THENCE N.00°14'45"E., ALONG THE EAST LINE
1363	OF SAID SECTION 12 A DISTANCE OF 5324.68 FEET TO THE
1364	SOUTHEAST CORNER OF SECTION 1; THENCE N.00°14'30"E.,
1365	N.00°14'30"E., ALONG THE EAST LINE OF SAID SECTION
1366	1 A DISTANCE OF 5324.24 FEET TO THE NORTHEAST CORNER
1367	OF SAID SECTION 1 AND THE NORTHEAST CORNER OF TOWNSHIP
1368	39 SOUTH, RANGE 22 EAST; THENCE N.89°44'59"W., ALONG
1369	THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
1370	SECTION 1 A DISTANCE OF 2655.22 FEET TO THE NORTHEAST
1371	CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 1;
1372	THENCE N.89°44'46"W., ALONG THE NORTH LINE OF SAID
1373	NORTHWEST QUARTER A DISTANCE OF 2655.22 FEET TO THE
1374	NORTHEAST CORNER OF SECTION 2; THENCE N.89°44'34"W.,
1375	N.89°44'34"W., ALONG THE NORTH LINE OF THE
1376	NORTHEAST QUARTER OF SAID SECTION 2 A DISTANCE OF
1377	2655.22 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST
1378	QUARTER OF SAID SECTION 2; THENCE N.89°44'21"W., ALONG
1379	THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF
1380	2655.22 FEET TO THE NORTHWEST CORNER OF SECTION 2;
1381	WHICH IS THE NORTHEAST CORNER OF SECTION 3; THENCE
1382	N.89°43'55"W. ALONG THE NORTH LINE OF THE NORTHEAST
1383	QUARTER OF SAID SECTION 3 A DISTANCE OF 2655.22 FEET
1384	TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
1385	SAID SECTION 3; THENCE N.89°43'42"W. ALONG THE NORTH
1386	LINE OF THE NORTHWEST QUARTER OF SECTION 3 A DISTANCE
1387	OF 2655.22 FEET TO THE NORTHWEST CORNER OF SECTION 3;
1388	THENCE S.00°47'59"W. ALONG THE WEST LINE OF THE NORTH
1389	HALF OF SECTION 3 A DISTANCE OF 2663.2 FEET TO THE
1390	SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 3
1391	AND THE SOUTHEAST CORNER OF THE NORTH HALF OF SECTION
1392	4; THENCE N.89°49'42"W. ALONG THE SOUTH LINE OF THE
1393	NORTH HALF OF SECTION 4 A DISTANCE OF 32.18 FEET TO A
1394	POINT IN THE ALDERMAN SLOUGH; THENCE FOLLOWING SAID
1395	ALDERMAN SLOUGH IN A SOUTHERLY DIRECTION, THE
1396	FOLLOWING COURSES: S.19°46'12"W. A DISTANCE OF 384.63
1397	FEET; THENCE S.06°17'38"E. A DISTANCE OF 74.84 FEET;
1398	THENCE S.16°26'43"E. A DISTANCE OF 499.12 FEET TO A
1399	POINT ON THE WEST LINE OF SAID SECTION 3 BEARING
1400	N.00°47'59"E. A DISTANCE OF 1748.17 FEET FROM THE
1401	SOUTHWEST CORNER OF SAID SECTION 3; THENCE
1402	S.16°26'43"E. THROUGH SECTION 3 A DISTANCE OF 211.62
1403	FEET; THENCE S.03°07'54"W. A DISTANCE OF 225.97 FEET;
1404	THENCE S.07°53'10"W. A DISTANCE OF 216.17 FEET; THENCE
1405	S.18°35'25"W. A DISTANCE OF 87.96 FEET TO A POINT ON
1406	THE EAST LINE OF SECTION 4 BEARING N.00°47'59"E. A
1407	DISTANCE OF 1022.0 FEET FROM THE SOUTHEAST CORNER OF
1408	SAID SECTION 4; THENCE S.18°20'50"W. A DISTANCE OF
1409	1076.23 FEET TO A POINT ON THE SOUTH LINE OF SAID
1410	SECTION 4; THENCE S.89°56'00"E. A DISTANCE OF 324.51
1411	FEET TO THE SOUTHWEST CORNER OF SECTION 3 AND THE
1412	NORTHEAST CORNER OF SECTION 9 AND THE POINT OF
1413	BEGINNING.
1414
1415	CONTAINING NOT LESS THAN 5,771.37 ACRES.
1416
1417	THE ABOVE DESCRIBED PROPERTY IS COMPOSED OF THAT
1418	PROPERTY DESCRIBED IN A WARRANTY DEED FROM MCK FARMS,
1419	LTD. AND RECORDED IN THE OFFICIAL RECORDS OF SARASOTA
1420	COUNTY, FLORIDA, AS INSTRUMENT NO 2000076815, AND A
1421	PORTION OF THE PROPERTY DESCRIBED IN A SPECIAL
1422	WARRANTY DEED FROM CARLTON SARASOTA, L.L.C., et al, to
1423	GLAWSON INVESTMENTS CORP. DATED JUNE 16, 2000, AND
1424	RECORDED IN THE OFFICIAL RECORDS OF SARASOTA COUNTY,
1425	FLORIDA, AS INSTRUMENT NO. 2000164425.
1426
1427	A PORTION OF SECTION 4, TOWNSHIP 39 SOUTH, RANGE 22
1428	EAST, SARASOTA COUNTY, FLORIDA, BEING MORE
1429	PARTICULARLY DESCRIBED AS FOLLOWS;
1430
1431	COMMENCE AT THE SOUTHEAST CORNER OF THE NORTH HALF OF
1432	SAID SECTION 4; THENCE NORTH 88°49'42" WEST ALONG THE
1433	SOUTH LINE OF SAID NORTH HALF A DISTANCE OF 32.18 FEET
1434	TO THE POINT OF BEGINNING; THENCE SOUTH 19°46'12" WEST
1435	A DISTANCE OF 173.97 FEET TO AN INTERSECTION WITH A
1436	NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS
1437	OF 550.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
1438	TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°22'34", AN
1439	ARC DISTANCE OF 253.19 FEET (CHORD=250.96 FEET
1440	BEARING=NORTH 49°03'24" WEST) TO THE INTERSECTION WITH
1441	THE AFORESAID SOUTH LINE OF THE NORTH HALF; THENCE
1442	SOUTH 89°49'42" EAST ALONG SAID SOUTH LINE A DISTANCE
1443	OF 248.41 FEET TO THE POINT OF BEGINNING.
1444
1445	THIS IS A PORTION OF THE SAME PROPERTY CONVEYED TO
1446	GLAWSON INVESTMENTS CORP. BY CARLTON SARASOTA, L.L.C.,
1447	DAVID SARASOTA, L.L.C., PALLARDY SARASOTA, L.L.C. AND
1448	NORTHPORT MATERIALS, L.L.C. BY SPECIAL WARRANTY DEED
1449	DATED MARCH 14, 2002, AND FILED IN THE OFFICIAL
1450	RECORDS OF THE CIRCUIT COURT OF SARASOTA COUNTY,
1451	FLORIDA AS INSTRUMENT 2002056489.
1452
1453	Section 19.  Severability.--In case any one or more of the
1454	sections or provisions of this act or the application of such
1455	sections or provisions to any situation, circumstance, or person
1456	shall for any reason be held to be unconstitutional, such
1457	unconstitutionality shall not affect any other sections or
1458	provisions of this act or the application of such sections or
1459	provisions to any other situation, circumstance, or person, and
1460	it is intended that this law shall be construed and applied as
1461	if such section or provision had not been included herein for
1462	any unconstitutional application.
1463	Section 20.  Public disclosures.--
1464	(1)  The district shall be required to comply with all
1465	current or future requirements, if any, to provide disclosure to
1466	the public and current or potential property owners concerning
1467	the district and its assessments.
1468	(2)  Any contract for sale of real property within the
1469	district whereby a land developer or builder is selling property
1470	to the general public at large for residential and noncommercial
1471	purposes must contain a disclosure to the potential purchaser
1472	disclosing the existence and nature of the district, as well as
1473	actual amounts of bonded indebtedness applicable to that
1474	property and projected assessments for principal debt repayment
1475	that the district is then obligated to assess and collect
1476	annually upon the subject real property. Said disclosure must be
1477	presented prominently and specifically acknowledged in writing
1478	by the buyer in the sales and closing documents.
1479	(3)  Prior to the closing, the developer, builder, or
1480	current landowner shall inform the potential buyer of the
1481	current annual operating maintenance budget assessment and any
1482	identified planned increases to that assessment required to be
1483	paid by the purchaser upon taking ownership of the real estate.
1484	(4)  Any property owners' association created within the
1485	district by a land developer or builder shall contain language
1486	in its charter or a declaration of covenants disclosing the
1487	existence and purpose of the district.
1488	(5)  The district shall cause to be recorded in the public
1489	records of Sarasota County the formation of any unit created
1490	pursuant to section 12 and, upon of the sale of any debt, the
1491	principal amount of bonded indebtedness incurred for that unit.
1492	(6)  Any land developer or builder who maintains a sales
1493	office for the purpose of the initial sale of homes or lots
1494	within the district to the general public at large shall post a
1495	readily visible sign of not less than 24 inches by 36 inches in
1496	the sales office that advises potential buyers of the existence
1497	and purpose of the district.
1498	Section 21.  Sale of lands.--In the event that any part of
1499	the lands described in Section 18 are sold to the state or any
1500	executive branch department thereof or the Southwest Florida
1501	Water Management District:
1502	(1)  The seller of said land shall be able to utilize any
1503	such lands sold for open space mitigation, wetland mitigation,
1504	and stormwater mitigation for development within the district.
1505	(2)  Any development within the district that shall be
1506	required to obtain any permits from any executive branch
1507	department of the state or the Southwest Florida Water
1508	Management District shall receive expedited review of those
1509	permits.
1510	Section 22.  This act shall take effect upon becoming a
1511	law.

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