Senate Bill sb2994

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    Florida Senate - 2007        (NP)                      SB 2994

    By Senator Bennett





    21-1814A-07                                        See HB 1515

  1                      A bill to be entitled

  2         An act relating to Charlotte County; creating

  3         the Babcock Ranch Community Independent Special

  4         District; providing a short title; providing

  5         legislative findings and intent; providing

  6         definitions; stating legislative policy

  7         regarding creation of the district;

  8         establishing compliance with minimum

  9         requirements in s. 189.404(3), F.S., for

10         creation of an independent special district;

11         providing for creation and establishment of the

12         district; establishing the legal boundaries of

13         the district; providing for the jurisdiction

14         and charter of the district; providing for a

15         governing board and establishing membership

16         criteria and election procedures; providing for

17         board members' terms of office; providing for

18         board meetings; providing for administrative

19         duties of the board; providing a method for

20         transition of the board from landowner control

21         to control by the resident electors of the

22         district; providing for a district manager and

23         district personnel; providing for a district

24         treasurer, selection of a public depository,

25         and district budgets and financial reports;

26         providing for the general powers of the

27         district; providing for the special powers of

28         the district to plan, finance, and provide

29         community infrastructure and services within

30         the district; providing for bonds; providing

31         for borrowing; providing for future ad valorem

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         taxation; providing for special assessments;

 2         providing for issuance of certificates of

 3         indebtedness; providing for tax liens;

 4         providing for competitive procurement;

 5         providing for fees and charges providing for

 6         amendment to charters; providing for required

 7         notices to purchasers of residential units

 8         within the district; defining district public

 9         property; providing severability; providing for

10         a referendum; providing an effective date.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  This act may be cited as the "Babcock Ranch

15  Community Independent Special District Act."

16         Section 2.  Legislative findings and intent;

17  definitions; policy.--

18         (1)  LEGISLATIVE FINDINGS AND INTENT.--

19         (a)  The unincorporated area of southeastern Charlotte

20  County, including the Babcock Ranch lands, are unique and

21  special with a need towards protecting natural resources and

22  retaining a viable agricultural system while protecting

23  private property rights and promoting a sound economy.

24         (b)  The Board of Trustees of the Internal Improvement

25  Trust Fund, the Fish and Wildlife Conservation Commission, and

26  Lee County have purchased approximately 73,500 acres of the

27  approximately 91,000-acre Babcock Ranch for the perpetual

28  preservation of such lands and for establishing a contiguous

29  wildlife protection area from Lake Okeechobee to the Charlotte

30  Harbor Estuary Project.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (c)  The Department of Community Affairs, Charlotte

 2  County, Lee County, and the then contract purchaser of the

 3  Babcock Ranch have entered into an Interlocal Planning

 4  Agreement for the Babcock Ranch, dated January 24, 2006, which

 5  outlines the steps necessary to achieve the sale and

 6  preservation of approximately 73,500 acres of the entire

 7  Babcock Ranch and development of the remaining approximately

 8  17,800 acres (the "Babcock Ranch Community") with a new,

 9  sustainable, compact, and mixed-use community that will

10  provide residents with a balance of living, working,

11  educational, civic, and recreational opportunities

12  incorporating greenways, pedestrian ways, and transit

13  corridors.

14         (d)  The district and the district charter, as created

15  by this act, with its general and special powers are essential

16  and, for the reasons set forth herein, the best alternative

17  for planning, constructing, maintaining, operating, financing,

18  and improving the provision of systems, facilities, and

19  services necessary to meet the infrastructure needs of the

20  Babcock Ranch Community.

21         (e)  There is a particular need to implement a

22  specialized and limited single-purpose independent special

23  district unit of local government in connection with the

24  development of the Babcock Ranch Community, in order to

25  prevent urban sprawl by providing sustaining and freestanding

26  infrastructure and to prevent the needless duplication,

27  fragmentation, and proliferation of local government services.

28         (f)  Management of conservation, environmental,

29  agricultural, and economic challenges and opportunities in the

30  Babcock Ranch area transcends the boundaries and

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  responsibilities of both private landowners and individual

 2  units of government.

 3         (g)  There are two alternatives for the creation of

 4  independent special districts for properties of this size: the

 5  establishment by rule of the Governor and Cabinet of one or

 6  more uniform community development districts over the

 7  property; and the establishment by special act of the

 8  Legislature of a single independent special district meeting

 9  the minimum requirements of chapter 189, Florida Statutes, the

10  applicable district accountability general law. Use of this

11  special act, created under chapter 189, Florida Statutes, is

12  the better of the two alternatives in this case because it

13  will allow for use of a single special district, with longer

14  involvement and responsibility on the part of the initial

15  landowner, which will result in better intergovernmental

16  coordination and lower administrative costs for Charlotte

17  County and the district, including its landowners and

18  residents. Additionally, use of this special act will provide

19  the flexibility to include within the district, at a later

20  date, contiguous Babcock Ranch lands within Lee County,

21  whereas chapter 190, Florida Statutes, would prevent a single

22  uniform community development district from crossing county

23  lines. Additionally, use of this special act updates the

24  charter of a uniform community development district under

25  chapter 190, Florida Statutes, eliminates potential for its

26  abuse, clarifies and sets forth certain uniform procedures for

27  liens on property, and makes other substantial reforms to the

28  benefit of the people of Charlotte County and future

29  landowners, residents, and visitors.

30         (h)  A longer involvement of the initial landowner with

31  regard to the provision of systems, facilities, and services

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  for the Babcock Ranch Community, coupled with a severely

 2  limited and highly specialized single purpose of the district,

 3  is in the public interest.

 4         (i)  Any public or private system to provide

 5  infrastructure improvements, systems, facilities, and services

 6  to the Babcock Ranch Community must be established through a

 7  highly specialized, innovative, responsive, and accountable

 8  mechanism to provide the components of infrastructure at

 9  sustained levels of high quality over the long term.

10         (j)  The existence and use of such a limited,

11  specialized single-purpose local government for the Babcock

12  Ranch Community, subject to the Charlotte County comprehensive

13  plan and land development regulations, will result in a higher

14  propensity to provide for orderly development and prevent

15  urban sprawl; protect and preserve environmental and

16  conservation uses and assets; potentially enhance the market

17  value for both present and future landowners of the property

18  consistent with the need to protect private property;

19  potentially enhance the net economic benefit to Charlotte

20  County, including an enhanced tax base to the benefit of all

21  present and future taxpayers in Charlotte County; and result

22  in the sharing of costs of providing certain systems,

23  facilities, and services in an innovative, sequential, and

24  flexible manner within the area to be serviced by the

25  district.

26         (k)  The creation and establishment of the district

27  will encourage local government financial self-sufficiency in

28  providing public facilities and in identifying and

29  implementing fiscally sound, innovative, and cost-effective

30  techniques to provide and finance public facilities while

31  encouraging development, use, and coordination of capital

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  improvement plans by all levels of government, pursuant to

 2  chapter 187, Florida Statutes.

 3         (l)  The creation and establishment of the district

 4  will encourage and enhance cooperation among communities that

 5  have unique assets, irrespective of political boundaries, to

 6  bring the private and public sectors together to establish an

 7  orderly and environmentally and economically sound plan for

 8  current and future needs and growth.

 9         (m)  The creation and establishment of the district is

10  a legitimate alternative method available to manage, own,

11  operate, construct, and finance capital infrastructure

12  systems, facilities, and services.

13         (n)  In order to be responsive to the critical timing

14  required through the exercise of its special management

15  functions, an independent district requires financing of those

16  functions, including bondable, lienable, and nonlienable

17  revenue, with full and continuing public disclosure and

18  accountability, funded by landowners, both present and future,

19  and funded also by users of the systems, facilities, and

20  services provided to the land area by the district, without

21  burdening the taxpayers and citizens of the state, Charlotte

22  County, or any municipality therein.

23         (o)  The district created and established by this act

24  shall not exercise or have any comprehensive planning, zoning,

25  or development permitting power; the establishment of the

26  district shall not be considered a development order within

27  the meaning of chapter 380, Florida Statutes; and all

28  applicable planning and permitting laws, rules, regulations,

29  agreements, and policies of Charlotte County shall control the

30  development of the land within the district.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (p)  The creation by this act of the Babcock Ranch

 2  Community Independent Special District is not inconsistent

 3  with the Charlotte County comprehensive plan.

 4         (q)  Charlotte County does not object to the creation

 5  of the district.

 6         (r)  It is the legislative intent and purpose that no

 7  debt or obligation of the district constitute a debt or

 8  obligation on any local general-purpose government without its

 9  consent.

10         (s)  It is the legislative intent and purpose that no

11  local general-purpose government shall be under any obligation

12  or duty to assume any obligation or commitment made by the

13  developer or the district.

14         (2)  DEFINITIONS.--As used in this act:

15         (a)  "Ad valorem bonds" means bonds that are payable

16  from the proceeds of ad valorem taxes levied on real and

17  tangible personal property and that are generally referred to

18  as general obligation bonds.

19         (b)  "Assessable improvements" means, without

20  limitation, any and all public improvements and community

21  facilities that the district is empowered to provide in

22  accordance with this act that provide a special benefit to

23  property within the district.

24         (c)  "Assessment bonds" means special obligations of

25  the district that are payable solely from proceeds of the

26  special assessments or benefit special assessments levied for

27  assessable improvements, provided that, in lieu of issuing

28  assessment bonds to fund the costs of assessable improvements,

29  the district may issue revenue bonds for such purposes payable

30  from special assessments.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (d)  "Assessments" means those nonmillage district

 2  assessments that include special assessments, benefit special

 3  assessments, and maintenance special assessments and a

 4  nonmillage, non-ad valorem maintenance tax if authorized by

 5  general law.

 6         (e)  "Babcock Ranch" means the approximately 91,000

 7  acres of contiguous lands generally located in southeastern

 8  Charlotte County and in the northeastern portion of Lee

 9  County, the majority of which, approximately 73,500 acres, has

10  been purchased pursuant to that certain Agreement for Sale and

11  Purchase entered into by the Board of Trustees of the Internal

12  Improvement Trust Fund, the Florida Fish and Wildlife

13  Conservation Commission, and Lee County, as authorized

14  pursuant to the Babcock Ranch Preserve Act, chapter 2006-231,

15  Laws of Florida, and the remainder of which, approximately

16  17,800 acres, known as "Area 6," is to be developed as the

17  Babcock Ranch Community.

18         (f)  "Babcock Ranch Community" means that portion of

19  the Babcock Ranch to be developed with a new, sustainable,

20  compact, mixed-use community pursuant to that certain

21  Interlocal Planning Agreement for the Babcock Ranch, dated

22  January 24, 2006, among the Florida Department of Community

23  Affairs, Lee and Charlotte Counties, and the then contract

24  purchaser of the Babcock Ranch, and pursuant to development

25  approvals issued or to be issued by Lee County and Charlotte

26  County, consisting of approximately 17,800 acres. The subject

27  of this act is that portion of the Babcock Ranch Community

28  located in Charlotte County, consisting of approximately

29  13,631 acres, as described in section 4.

30         (g)  "Babcock Ranch Community Independent Special

31  District" means the unit of special and single-purpose local

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  government created and chartered by this act, including the

 2  creation of its charter, and limited to the performance, in

 3  implementing its single purpose, of those general and special

 4  powers authorized by its charter under this act, the

 5  boundaries of which are more specifically set forth in this

 6  act, the governing head of which is created and authorized to

 7  operate with legal existence by this act, and the purpose of

 8  which is as set forth in this act.

 9         (h)  "Benefit special assessments" are district

10  assessments imposed, levied, and collected pursuant to the

11  provisions of section 6(12)(b).

12         (i)  "Bond" includes "certificate," and the provisions

13  that are applicable to bonds are equally applicable to

14  certificates. The term "bond" includes any general obligation

15  bond, assessment bond, refunding bond, revenue bond, and other

16  such obligation in the nature of a bond as provided for in

17  this act.

18         (j)  "Cost" or "costs," when used with reference to any

19  project, includes, but is not limited to:

20         1.  The expenses of determining the feasibility or

21  practicability of acquisition, construction, or

22  reconstruction.

23         2.  The cost of surveys, estimates, plans, and

24  specifications.

25         3.  The cost of improvements.

26         4.  Planning, engineering, designing, fiscal, legal,

27  and other professional and consultant expenses and charges.

28         5.  The cost of all labor, materials, machinery, and

29  equipment.

30         6.  The cost of all lands, properties, rights,

31  easements, and franchises acquired.

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         7.  Financing charges.

 2         8.  The creation of initial reserve and debt service

 3  funds.

 4         9.  Working capital.

 5         10.  Interest charges incurred or estimated to be

 6  incurred on money borrowed prior to and during construction

 7  and acquisition and for such reasonable period of time after

 8  completion of construction or acquisition as the board may

 9  determine.

10         11.  The cost of issuance of bonds pursuant to this

11  act, including advertisements and printing.

12         12.  The cost of any bond or tax referendum held

13  pursuant to this act and all other expenses of issuance of

14  bonds.

15         13.  The discount, if any, on the sale or exchange of

16  bonds.

17         14.  Administrative expenses.

18         15.  The costs and expenses associated with the use,

19  operation, maintenance, and repair of improvements.

20         16.  Such other expenses as may be necessary or

21  incidental to the acquisition, disposition, transfer,

22  construction, operation, maintenance, or reconstruction of any

23  project or to the financing thereof, or to the development of

24  any lands within the district.

25         17.  Payments, contributions, dedications, and any

26  other exactions required as a condition of receiving any

27  governmental approval or permit necessary to accomplish any

28  district purpose.

29         (k)  "District" means the Babcock Ranch Community

30  Independent Special District.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (l)  "District manager" means the manager of the

 2  district.

 3         (m)  "General obligation bonds" means bonds that are

 4  secured by, or provide for their payment by, the pledge of the

 5  full faith and credit and taxing power of the district, in

 6  addition to those special taxes levied for their discharge and

 7  such other sources as may be provided for their payment or

 8  pledged as security under the resolution authorizing their

 9  issuance, and for payment of which recourse may be had against

10  the general fund of the district.

11         (n)  "Governing board" or "board" means the governing

12  board of the district or, if such board has been abolished,

13  the board, body, or commission assuming the principal

14  functions thereof or to whom the powers given to the board by

15  this act have been given by law.

16         (o)  "Governing board member" means any member of the

17  governing board.

18         (p)  "Land development regulations" means those

19  regulations of general purpose local government, adopted under

20  the Local Government Comprehensive Planning and Land

21  Development Regulation Act, part II of chapter 163, Florida

22  Statutes, to which the district is subject and as to which the

23  district may not do anything that is inconsistent. Land

24  development regulations shall not mean specific management,

25  engineering, planning, operating, and other criteria and

26  standards needed in the daily management, implementation, and

27  provision by the district of systems, facilities, services,

28  works, improvements, projects, or infrastructure, including

29  design criteria and standards, so long as they remain subject

30  to and are not inconsistent with the applicable land

31  development regulations.

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (q)  "Landowner" means the owner of a freehold estate

 2  as it appears on the deed record, including a trustee, a

 3  private corporation, and an owner of a condominium unit.

 4  "Landowner" does not include a reversioner, remainderman,

 5  mortgagee, or any governmental entity, who shall not be

 6  counted and need not be notified of proceedings under this

 7  act. "Landowner" also means the owner of a ground lease from a

 8  governmental entity, which leasehold interest has a remaining

 9  term, excluding all renewal options, in excess of 50 years.

10         (r)  "General-purpose local government" means a county,

11  municipality, or consolidated city-county government.

12         (s)  "Maintenance special assessments" are assessments

13  imposed, levied, and collected pursuant to the provisions of

14  section 6(12)(d).

15         (t)  "Non-ad valorem assessment" means only those

16  assessments that are not based upon millage and that can

17  become a lien against a homestead as permitted in s. 4, Art. X

18  of the State Constitution.

19         (u)  "Powers" means powers used and exercised by the

20  governing board to accomplish the single, limited, and special

21  purpose of the district, including:

22         1.  "General powers," those organizational and

23  administrative powers of the district as provided in its

24  charter in order to carry out its single special purpose as a

25  local government public corporate body politic.

26         2.  "Special powers," those powers enumerated by the

27  district charter to implement its specialized systems,

28  facilities, services, projects, improvements, and

29  infrastructure and related functions in order to carry out its

30  single specialized purpose.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         3.  Any other powers, authority, or functions set forth

 2  in this act or in chapter 189 or chapter 190, Florida

 3  Statutes.

 4         (v)  "Project" means any development, improvement,

 5  property, power, utility, facility, enterprise, service,

 6  system, works, or infrastructure now existing or hereafter

 7  undertaken or established under the provisions of this act.

 8         (w)  "Qualified elector" means any person at least 18

 9  years of age or older, who is a citizen of the United States,

10  a legal resident of the state and the district, and who

11  registers to vote with the Supervisor of Elections in

12  Charlotte County.

13         (x)  "Refunding bonds" means bonds issued to refinance

14  outstanding bonds of any type and the interest and redemption

15  premium thereon. Refunding bonds shall be issuable and payable

16  in the same manner as refinanced bonds, except that no

17  approval by the electorate shall be required unless required

18  by the State Constitution.

19         (y)  "Revenue bonds" means obligations of the district

20  that are payable from revenues, including, but not limited to,

21  special assessments and benefit special assessments, derived

22  from sources other than ad valorem taxes on real or tangible

23  personal property, and that do not pledge the property,

24  credit, or general tax revenue of the district.

25         (z)  "Sewer system" means any plant, system of pipes or

26  lines, facility, or property and additions, extensions, and

27  improvements thereto at any future time constructed or

28  acquired as part thereof, useful or necessary or having the

29  present capacity for future use in connection with the

30  collection, treatment, purification, or disposal of sewage,

31  including, but not limited to, industrial wastes resulting

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  from any process of industry, manufacture, trade, or business

 2  or from the development of any natural resource. "Sewer

 3  system" also includes treatment plants, pumping stations, lift

 4  stations, valves, force mains, intercepting sewers, laterals,

 5  pressure lines, mains, and all necessary appurtenances and

 6  equipment; all sewer mains, laterals, and other devices for

 7  the reception and collection of sewage from premises connected

 8  therewith; and all real and personal property and any interest

 9  therein, and rights, easements, and franchises of any nature

10  relating to any such system and necessary or convenient for

11  operation thereof.

12         (aa)  "Special assessments" means assessments as

13  imposed, levied, and collected by the district for the costs

14  of assessable improvements pursuant to the provisions of this

15  act, chapter 170, Florida Statutes, and the additional

16  authority under section 197.3631, Florida Statutes, or other

17  provisions of general law that provide or authorize a

18  supplemental means to impose, levy, or collect special

19  assessments.

20         (bb)  "Tax" or "taxes" means those levies and

21  impositions of the governing board that support and pay for

22  government and the administration of law and that may be:

23         1.  Ad valorem or property taxes based upon both the

24  appraised value of property and millage, at a rate uniform

25  within the jurisdiction; or

26         2.  If and when authorized by general law, non-ad

27  valorem maintenance taxes not based on millage that are used

28  to maintain district systems, facilities, and services.

29         (cc)  "Water system" means any plant, system of pipes

30  or lines, facility, or property, and any addition, extension,

31  or improvement thereto at any future time constructed or

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  acquired as a part thereof, useful, necessary, or having the

 2  present capacity for future use in connection with the

 3  development of sources, treatment, purification, or

 4  distribution of water. "Water system" also includes lakes,

 5  canals, ditches, reservoirs, dams, impoundments, storage

 6  tanks, mains, lines, valves, pumping stations, laterals, and

 7  pipes for the purpose of carrying water to the premises

 8  connected with such system, and all rights, easements, and

 9  franchises of any nature relating to any such system and

10  necessary or convenient for the operation thereof.

11         (3)  POLICY.--Based upon its findings, ascertainments,

12  determinations, intent, purpose, and definitions, the

13  Legislature states its policy expressly:

14         (a)  The district and the district charter, with its

15  general and special powers, as created in this act, are

16  essential and the best alternative for the residential,

17  commercial, and other community uses, projects, or functions

18  in the included portion of Charlotte County consistent with

19  the effective comprehensive plans and serve a lawful public

20  purpose.

21         (b)  The district, which is a government of special

22  purpose, is limited to its special purpose as expressed in

23  this act, with the power to provide, plan, implement,

24  construct, maintain, and finance as a government of special

25  purpose for its systems, facilities, services, improvements,

26  infrastructure, and projects and possessing financing powers

27  to fund its management powers over the long term and with

28  sustained levels of high quality.

29         (c)  The creation of the Babcock Ranch Community

30  Independent Special District by and pursuant to this act, and

31  its exercise of its management and related financing powers to

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  implement its limited, single, and special purpose, does not

 2  constitute a development order and does not invoke any

 3  provision within the meaning of chapter 380, Florida Statutes,

 4  and all applicable governmental planning, environmental, and

 5  land development laws, regulations, rules, policies, and

 6  ordinances apply to all development of the land within the

 7  jurisdiction of the district as created by this act.

 8         (d)  The district shall operate and function subject

 9  to, and not inconsistent with, the Charlotte County

10  comprehensive plan and any applicable development orders,

11  zoning regulations, and other land development regulations.

12         (e)  The special and single purpose Babcock Ranch

13  Community Independent Special District will not have the

14  powers of a general-purpose local government to adopt a

15  comprehensive plan or related land development regulations as

16  those terms are defined in the Local Government Comprehensive

17  Planning and Land Development Regulation Act, part II of

18  chapter 163, Florida Statutes.

19         (f)  This act may be amended, in whole or in part, only

20  by subsequent special act of the Legislature. No amendment to

21  this act that alters the district boundaries or the general or

22  special powers of the district may be considered by the

23  Legislature unless it is accompanied by a resolution or

24  official statement as provided for in section 189.404(2)(e)4.,

25  Florida Statutes.

26         Section 3.  Creation and establishment; jurisdiction;

27  construction; charter with legal description.--

28         (1)  The Babcock Ranch Community Independent Special

29  District, which also may be referred to as the "district," is

30  created and incorporated as a public body corporate and

31  politic, an independent, limited, special purpose local

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  government, an independent special district under section

 2  189.404, Florida Statutes, and as defined in this act and

 3  section 189.403(3), Florida Statutes, in and for a certain

 4  portion of Charlotte County. Any amendments to chapter 190,

 5  Florida Statutes, after January 1, 2007, granting additional

 6  general powers, special powers, authorities, or projects to a

 7  community development district by amendment to its uniform

 8  charter, sections 190.006-190.041, Florida Statutes, shall

 9  constitute a general power, special power, authority, or

10  function of the Babcock Ranch Community Independent Special

11  District. All notices for the enactment by the Legislature of

12  this special act have been provided pursuant to the State

13  Constitution, laws of the state, and the Rules of the Florida

14  House of Representatives and of the Florida Senate.

15         (2)  The territorial boundary of the district shall

16  embrace and include all of that certain real property as

17  described in section 4.

18         (3)  The jurisdiction of this district, in the exercise

19  of its general and special powers, and in the carrying out of

20  its special purposes, is both within the external boundaries

21  of the legal description of this district and

22  extraterritorially only when expressly authorized by this act

23  or by applicable general law. This special purpose district is

24  created as a public body corporate and politic, with local

25  government authority and power limited by its charter, this

26  act, and subject to the provisions of other general laws, in

27  particular chapter 189, Florida Statutes, except that in the

28  event that a conflict arises between the provisions of

29  applicable general laws and this act, the provisions of this

30  act will control, and the district has jurisdiction to perform

31  such acts and exercise such authorities, functions, and powers

                                  17

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  as shall be necessary, convenient, incidental, proper, or

 2  reasonable for the implementation of its limited, single, and

 3  specialized purpose regarding the sound planning, provision,

 4  acquisition, development, operation, maintenance, and related

 5  financing of those public systems, facilities, services,

 6  improvements, projects, and infrastructure works as authorized

 7  herein, including those necessary and incidental thereto.

 8         (4)  The exclusive charter of the "Babcock Ranch

 9  Community Independent Special District" is this act, which may

10  be amended, terminated, or repealed only by special act of the

11  Legislature.

12         Section 4.  Legal description of the Babcock Ranch

13  Community Independent Special District.--

14  

15         LEGAL DESCRIPTION. The metes and bounds legal

16         description of the district, within which there

17         are no parcels of property owned by those who

18         do not wish their property to be included

19         within the district, is as follows:

20  

21         CHARLOTTE COUNTY PARCEL:

22  

23         A parcel of land lying within Sections 29, 31

24         through 33, Township 41 South, Range 26 East,

25         AND, Sections 4 through 10, Sections 15 through

26         17 and Sections 19 through 36, Township 42

27         South, Range 26 East, Charlotte County,

28         Florida, being more particularly described as

29         follows:

30  

31  

                                  18

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         Commence at the Southwest corner of Section 31,

 2         Township 42 South, Range 26 East and run

 3         S89°41'45"E, along the South line of said

 4         Section 31, a distance of 50.00 feet to a point

 5         on the East right-of-way line of State Road No.

 6         31, said point also being the Point of

 7         Beginning of the parcel of land herein

 8         described; Thence continue S89°41'45"E a

 9         distance of 5,189.75 feet to the Northeast

10         corner of Section 6, Township 43 South, Range

11         26 East; Thence S89°41'45"E a distance of

12         5,306.08 feet to the Northeast corner of

13         Section 5, Township 43 South, Range 26 East;

14         Thence S89°37'16"E a distance of 5,289.11 feet

15         to the Northeast corner of Section 4, Township

16         43 South, Range 26 East; Thence S89°35'44"E a

17         distance of 5,294.60 feet to the Northeast

18         corner of Section 3, Township 43 South, Range

19         26 East; Thence S89°35'44"E a distance of

20         5,294.60 feet to the Northeast corner of

21         Section 2, Township 43 South, Range 26 East;

22         Thence S89°35'44"E, along the North line of

23         Section 1, Township 43 South, Range 26 East, a

24         distance of 3,430.66 feet; Thence N00°00'40"W a

25         distance of 10,185.53 feet; Thence N05°46'23"E

26         a distance of 1,058.56 feet; Thence N66°40'38"W

27         a distance of 200.62 feet; Thence S83°12'47"W a

28         distance of 1,373.33 feet; Thence N30°17'33"W a

29         distance of 1,686.63 feet; Thence N70°02'41"W a

30         distance of 1,332.41 feet; Thence S72°42'44"W a

31         distance of 1,430.81 feet; Thence N49°18'31"W a

                                  19

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         distance of 2,362.25 feet; Thence S69°00'57"W a

 2         distance of 1,518.19 feet; Thence S21°08'17"W a

 3         distance of 865.44 feet; Thence S20°29'11"E a

 4         distance of 1,376.91 feet; Thence N74°38'25"E a

 5         distance of 1,635.69 feet; Thence S00°18'50"E a

 6         distance of 1,309.92 feet; Thence S89°45'02"W a

 7         distance of 4,154.48 feet; Thence N51°39'36"W a

 8         distance of 782.53 feet; Thence N04°14'12"E a

 9         distance of 1,329.59 feet; Thence N39°20'59"W a

10         distance of 1,779.16 feet; Thence N42°01'35"W a

11         distance of 1,162.94 feet; Thence S52°01'16"W a

12         distance of 818.34 feet; Thence S62°56'46"W a

13         distance of 516.42 feet; Thence S89°59'33"W a

14         distance of 307.20 feet; Thence N80°06'18"W a

15         distance of 334.84 feet; Thence N20°54'51"W a

16         distance of 336.86 feet; Thence N05°03'05"E a

17         distance of 533.35 feet; Thence N22°47'49"E a

18         distance of 5,490.82 feet; Thence N55°42'26"E a

19         distance of 195.73 feet; Thence N21°59'06"W a

20         distance of 1,739.17 feet; Thence N52°37'55"E a

21         distance of 867.75 feet; Thence N13°36'57"W a

22         distance of 2,507.33 feet; Thence S78°50'16"W a

23         distance of 687.95 feet; Thence N19°48'25"W a

24         distance of 366.25 feet; Thence N08°01'21"W a

25         distance of 493.32 feet; Thence N03°43'40"E a

26         distance of 687.22 feet; Thence N00°28'20"E a

27         distance of 674.51 feet; Thence N25°12'33"W a

28         distance of 261.13 feet; Thence N42°54'55"W a

29         distance of 643.19 feet; Thence N07°19'37"W a

30         distance of 171.40 feet; Thence N13°05'30"E a

31         distance of 201.96 feet; Thence N32°40'01"W a

                                  20

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         distance of 186.12 feet; Thence N05°04'15"W a

 2         distance of 1,832.77 feet; Thence N19°47'08"W a

 3         distance of 527.20 feet; Thence N26°13'22"W a

 4         distance of 802.13 feet; Thence S79°06'55"W a

 5         distance of 475.20 feet; Thence N74°19'19"W a

 6         distance of 1,689.05 feet; Thence N01°26'06"W a

 7         distance of 897.42 feet; Thence N89°51'42"W a

 8         distance of 67.91 feet; Thence N00°00'03"W a

 9         distance of 1,218.37 feet; Thence N39°50'11"W a

10         distance of 190.86 feet; Thence N00°00'29"W a

11         distance of 324.62 feet; Thence N89°59'52"W a

12         distance of 688.20 feet; Thence N00°00'00"E a

13         distance of 1,967.22 feet; Thence N41°13'25"W a

14         distance of 2,825.17 feet; Thence S89°59'57"W a

15         distance of 3,566.80 feet; Thence S00°00'03"E a

16         distance of 2,799.34 feet; Thence S89°11'17"W a

17         distance of 5,960.98 feet to a point lying

18         50.00 feet East of the East right-of-way line

19         for State Road No. 31; Thence along a line

20         50.00 feet East of, and parallel with, the East

21         right-of-way line for State Road No. 31, the

22         following courses and distances: S00°48'43"E a

23         distance of 2,976.13 feet and S00°34'01"W a

24         distance of 786.25 feet; Thence S89°25'59"E a

25         distance of 4,104.32 feet; Thence S00°01'22"E a

26         distance of 2,084.04 feet; Thence S16°46'15"E a

27         distance of 1,740.24 feet; Thence S09°11'59"W a

28         distance of 1,325.85 feet; Thence S73°15'18"E a

29         distance of 661.15 feet; Thence N59°20'29"E a

30         distance of 577.75 feet; Thence S38°10'48"E a

31         distance of 551.46 feet; Thence S86°25'58"E a

                                  21

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         distance of 385.80 feet; Thence S24°01'11"E a

 2         distance of 975.12 feet; Thence S57°46'34"E a

 3         distance of 530.20 feet; Thence S70°04'12"E a

 4         distance of 1,843.47 feet; Thence N63°01'21"E a

 5         distance of 1,214.99 feet; Thence S50°03'22"E a

 6         distance of 2,565.56 feet; Thence S13°56'09"W a

 7         distance of 1,953.90 feet; Thence S12°51'59"E a

 8         distance of 1,862.33 feet; Thence S71°59'01"W a

 9         distance of 448.53 feet; Thence N45°00'57"W a

10         distance of 266.60 feet; Thence S69°50'23"W a

11         distance of 1,104.27 feet; Thence S28°10'55"E a

12         distance of 1,272.60 feet; Thence S62°45'03"W a

13         distance of 4,638.30 feet; Thence S82°12'01"W a

14         distance of 711.48 feet; Thence S81°38'00"W a

15         distance of 5,167.82 feet; Thence N77°54'41"W a

16         distance of 707.32 feet; Thence N89°28'15"W a

17         distance of 299.98 feet to a point lying 50.00

18         feet East of the East right-of-way line for

19         State Road No. 31; Thence along a line 50.00

20         feet East of, and parallel with, the East

21         right-of-way line for State Road No. 31, the

22         following courses and distances: S00°31'45"W a

23         distance of 4,197.71 feet, S00°26'10"W a

24         distance of 5,282.33 feet and S00°36'46"W a

25         distance of 5,337.00 feet to the Point of

26         Beginning.

27  

28         Containing 13,630.64 acres, more or less.

29  

30  

31  

                                  22

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         Bearings hereinabove mentioned are based on the

 2         North line of Section 6, Township 43 South,

 3         Range 26 East to bear S89°41'45"E.

 4  

 5         Section 5.  Governing board; members and meetings;

 6  organization; powers; duties; terms of office; related

 7  election requirements.--

 8         (1)  The board shall exercise the powers granted to the

 9  district pursuant to this act. The board shall consist of five

10  voting members. Each voting member shall hold office for a

11  term of 4 years, except as otherwise provided herein for

12  initial board members, and until a successor is chosen and

13  qualified. Additionally, Charlotte and Lee Counties, acting

14  through their respective boards of county commissioners, are

15  each entitled, but under no obligation, to appoint one person

16  to act as a representative for the appointing county and

17  liaison to the board. Such person may be appointed to serve as

18  liaison to the board at any time after the initial landowner's

19  meeting and may serve until replaced or removed by the

20  appointing county. Only Charlotte and Lee Counties may appoint

21  liaisons to the board, and only landowners and qualified

22  electors may elect voting members to the board. All members of

23  the board must be residents of the state and citizens of the

24  United States. A board liaison is entitled to receive all

25  meeting notices and board meeting materials in the same manner

26  as a voting member of the board and shall be entitled to be

27  heard at board meetings in the same manner as board members,

28  except that such person shall not be a member of the governing

29  board nor be entitled to vote.

30         (2)(a)  Within 90 days following the effective date of

31  this act, there shall be held a meeting of the landowners of

                                  23

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  the district for the purpose of electing five members for the

 2  district. Notice of the landowners' meeting shall be published

 3  once a week for 2 consecutive weeks in a newspaper that is in

 4  general circulation in the area of the district, the last day

 5  of such publication to be not less than 14 days or more than

 6  28 days before the date of the election. The landowners, when

 7  assembled at such meeting, shall organize by electing a chair,

 8  who shall conduct the meeting. The chair may be any person

 9  present at the meeting. If the chair is a landowner or proxy

10  holder of a landowner, he or she may nominate candidates and

11  make and second motions. The landowners present at the

12  meeting, in person or by proxy, shall constitute a quorum. At

13  any landowners' meeting, 50 percent of the district acreage

14  shall not be required to constitute a quorum, and each

15  governing board member elected by landowners shall be elected

16  by a majority of the acreage represented either by owner or

17  proxy present and voting at said meeting.

18         (b)  At such meeting, each landowner shall be entitled

19  to cast one vote per acre of land owned by him or her and

20  located within the district for each person to be elected. A

21  landowner may vote in person or by proxy in writing. Each

22  proxy must be signed by one of the legal owners of the

23  property for which the vote is cast and must contain the typed

24  or printed name of the individual who signed the proxy; the

25  street address, legal description of the property, or tax

26  parcel identification number; and the number of authorized

27  votes. If the proxy authorizes more than one vote, each

28  property must be listed and the number of acres of each

29  property must be included. The signature on a proxy need not

30  be notarized. A fraction of an acre shall be treated as one

31  acre, entitling the landowner to one vote with respect

                                  24

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  thereto. The two candidates receiving the highest number of

 2  votes shall be elected for terms expiring November 30, 2010,

 3  and the three candidates receiving the next largest number of

 4  votes shall be elected for terms expiring November 30, 2008,

 5  with the term of office for each successful candidate

 6  commencing upon election. The members of the first board

 7  elected by landowners shall serve their respective terms;

 8  however, the next election of board members shall be held on

 9  the first Tuesday after the first Monday in November 2008.

10  Thereafter, there shall be an election by landowners for the

11  district every 2 years on the first Tuesday after the first

12  Monday in November, which shall be noticed pursuant to

13  paragraph (a). The second and subsequent landowners' election

14  shall be announced at a public meeting of the board at least

15  90 days prior to the date of the landowners' meeting and shall

16  also be noticed pursuant to paragraph (a). Instructions on how

17  all landowners may participate in the election, along with

18  sample proxies, shall be provided during the board meeting

19  that announces the landowners' meeting. Each member elected in

20  or after November 2008 shall serve a 4-year term.

21         (3)(a)1.  The board may not exercise the ad valorem

22  taxing power or general obligation bond power authorized by

23  this act until such time as all members of the board, except

24  for nonvoting members, are qualified electors who are elected

25  by qualified electors of the district.

26         2.a.  Regardless of whether the district has proposed

27  to levy ad valorem taxes or issue general obligation bonds,

28  board members initially elected by landowners shall be elected

29  by qualified electors of the district as the district becomes

30  populated with qualified electors. The transition shall occur

31  such that the composition of the board, after the first

                                  25

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  general election following a trigger of the qualified elector

 2  population thresholds set forth below, shall be as follows:

 3         (I)  Once 4,600 qualified electors reside within the

 4  district, one voting board member shall be a person who was

 5  elected by the qualified electors, and four voting board

 6  members shall be persons who were elected by the landowners.

 7         (II)  Once 8,900 qualified electors reside within the

 8  district, two voting board members shall be persons who were

 9  elected by the qualified electors, and three voting board

10  members shall be persons elected by the landowners.

11         (III)  Once 22,000 qualified electors reside within the

12  district, three voting board members shall be persons who were

13  elected by the qualified electors and two voting board members

14  shall be persons who were elected by the landowners.

15         (IV)  Once 24,000 qualified electors reside within the

16  district, four voting board members shall be persons who were

17  elected by the qualified electors and one voting board member

18  shall be a person who was elected by the landowners.

19         (V)  Once 25,000 qualified electors reside within the

20  district, all five voting board members shall be persons who

21  were elected by the qualified electors.

22  

23  Nothing in this sub-subparagraph is intended to require an

24  election prior to the expiration of an existing board member's

25  term.

26         b.  On or before June 1 of each year, the board shall

27  determine the number of qualified electors in the district as

28  of the immediately preceding April 15. The board shall use and

29  rely upon the official records maintained by the supervisor of

30  elections and property appraiser or tax collector in and for

31  Charlotte County in making this determination. Such

                                  26

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  determination shall be made at a properly noticed meeting of

 2  the board and shall become a part of the official minutes of

 3  the district.

 4         c.  All governing board members elected by qualified

 5  electors shall be elected at large at an election occurring as

 6  provided in subsection (2) and this subsection.

 7         d.  Once the district qualifies to have any of its

 8  board members elected by the qualified electors of the

 9  district, the initial and all subsequent elections by the

10  qualified electors of the district shall be held at the

11  general election in November. The board shall adopt a

12  resolution if necessary to implement this requirement. The

13  transition process described herein is intended to be in lieu

14  of the process set forth in section 189.4051, Florida

15  Statutes.

16         (b)  Elections of board members by qualified electors

17  held pursuant to this subsection shall be nonpartisan and

18  shall be conducted in the manner prescribed by law for holding

19  general elections. Board members shall assume the office on

20  the second Tuesday after their election.

21         (c)  Candidates seeking election to office by qualified

22  electors under this subsection shall conduct their campaigns

23  in accordance with the provisions of chapter 106, Florida

24  Statutes, and shall file qualifying papers and qualify for

25  individual seats in accordance with section 99.061, Florida

26  Statutes. Candidates shall pay a qualifying fee, which shall

27  consist of a filing fee and, if applicable, an election

28  assessment or, as an alternative, shall file a petition signed

29  by not less than 1 percent of the registered voters of the

30  district, and take the oath required in section 99.021,

31  Florida Statutes, with the supervisor of elections in the

                                  27

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  county affected by such candidacy. The amount of the filing

 2  fee is 3 percent of $4,800; however, if the electors have

 3  provided for compensation, the amount of the filing fee is 3

 4  percent of the maximum annual compensation so provided. The

 5  filing fee and election assessment, if applicable, shall be

 6  distributed as provided in section 105.031(3), Florida

 7  Statutes.

 8         (d)  The supervisor of elections shall appoint the

 9  inspectors and clerks of elections, prepare and furnish the

10  ballots, designate polling places, and canvass the returns of

11  the election of board members by qualified electors. The

12  county canvassing board shall declare and certify the results

13  of the election.

14         (4)  Voting members of the board shall be public

15  officers, shall be known as members and, upon entering into

16  office, shall take and subscribe to the oath of office as

17  prescribed by section 876.05, Florida Statutes. Voting members

18  of the board shall be subject to ethics and conflict of

19  interest laws of the state that apply to all local public

20  officers. Voting members of the board shall hold office for

21  the terms for which they were elected and until their

22  successors are chosen and qualified. If, during the term of

23  office, a voting member vacancy occurs, the remaining voting

24  members of the board shall fill each vacancy by an appointment

25  for the remainder of the unexpired term.

26         (5)  Any member of the board may be removed by the

27  Governor for malfeasance, misfeasance, dishonesty,

28  incompetency, or failure to perform the duties imposed upon

29  him or her by this act, and any vacancies that may occur in

30  such office for such reasons shall be filled by the Governor

31  as soon as practicable.

                                  28

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (6)  A majority of the voting members of the board

 2  constitutes a quorum for the purposes of conducting its

 3  business and exercising its powers and for all other purposes.

 4  Action taken by the district shall be upon a vote of a

 5  majority of the voting members present unless general law or a

 6  rule of the district requires a greater number.

 7         (7)  As soon as practicable after each election or

 8  appointment, the board shall organize by electing one of its

 9  voting members as chair and by electing a secretary, who need

10  not be a member of the board, and such other officers as the

11  board may deem necessary.

12         (8)  The board shall keep a permanent record book

13  entitled "Record of Proceedings of Babcock Ranch Community

14  Independent Special District," in which shall be recorded

15  minutes of all meetings, resolutions, proceedings,

16  certificates, bonds given by all employees, and any and all

17  corporate acts. The record book and all other district records

18  shall at reasonable times be opened to inspection in the same

19  manner as state, county, and municipal records pursuant to

20  chapter 119, Florida Statutes. The record book shall be kept

21  at the office or other regular place of business maintained by

22  the board in a designated location in Charlotte County.

23         (9)  Each voting member of the board shall be entitled

24  to receive for his or her services an amount not to exceed

25  $200 per meeting of the board, not to exceed $4,800 per year

26  per member, or an amount established by the electors at

27  referendum. In addition, each voting member of the board shall

28  receive travel and per diem expenses as set forth in section

29  112.061, Florida Statutes.

30  

31  

                                  29

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (10)  All meetings of the board shall be open to the

 2  public and governed by the provisions of chapter 286, Florida

 3  Statutes.

 4         Section 6.  Governing board; general duties.--

 5         (1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall

 6  employ and fix the compensation of a district manager, who

 7  shall have charge and supervision of the works of the district

 8  and shall be responsible for preserving and maintaining any

 9  improvement or facility constructed or erected pursuant to the

10  provisions of this act, for maintaining and operating the

11  equipment owned by the district, and for performing such other

12  duties as may be prescribed by the board. It shall not be a

13  conflict of interest under chapter 112, Florida Statutes, for

14  a board member, the district manager, or another employee of

15  the district to be a stockholder, officer, or employee of a

16  landowner. The district manager may hire or otherwise employ

17  and terminate the employment of such other persons, including,

18  without limitation, professional, supervisory, and clerical

19  employees, as may be necessary and authorized by the board.

20  The compensation and other conditions of employment of the

21  officers and employees of the district shall be as provided by

22  the board.

23         (2)  TREASURER.--The board shall designate a person who

24  is a resident of the state as treasurer of the district, who

25  shall have charge of the funds of the district. Such funds

26  shall be disbursed only upon the order of or pursuant to a

27  resolution of the board by warrant or check countersigned by

28  the treasurer and by such other person as may be authorized by

29  the board. The board may give the treasurer such other or

30  additional powers and duties as the board may deem appropriate

31  and may fix his or her compensation. The board may require the

                                  30

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  treasurer to give a bond in such amount, on such terms, and

 2  with such sureties as may be deemed satisfactory to the board

 3  to secure the performance by the treasurer of his or her

 4  powers and duties. The financial records of the board shall be

 5  audited by an independent certified public accountant at least

 6  once a year.

 7         (3)  PUBLIC DEPOSITORY.--The board is authorized to

 8  select as a depository for its funds any qualified public

 9  depository as defined in section 280.02, Florida Statutes,

10  that meets all the requirements of chapter 280, Florida

11  Statutes, and has been designated by the treasurer as a

12  qualified public depository upon such terms and conditions as

13  to the payment of interest by such depository upon the funds

14  so deposited as the board may deem just and reasonable.

15         (4)  BUDGET; REPORTS AND REVIEWS.--

16         (a)  The district shall provide financial reports in

17  such form and manner as prescribed pursuant to this act and

18  chapter 218, Florida Statutes.

19         (b)  On or before July 15 of each year, the district

20  manager shall prepare a proposed budget for the ensuing fiscal

21  year to be submitted to the board for board approval. The

22  proposed budget shall include at the direction of the board an

23  estimate of all necessary expenditures of the district for the

24  ensuing fiscal year and an estimate of income to the district

25  from the taxes and assessments provided in this act. The board

26  shall consider the proposed budget item by item and may either

27  approve the budget as proposed by the district manager or

28  modify the same in part or in whole. The board shall indicate

29  its approval of the budget by resolution, which resolution

30  shall provide for a hearing on the budget as approved. Notice

31  of the hearing on the budget shall be published in a newspaper

                                  31

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  of general circulation in the area of the district once a week

 2  for 2 consecutive weeks, except that the first publication

 3  shall be not fewer than 15 days prior to the date of the

 4  hearing. The notice shall further contain a designation of the

 5  day, time, and place of the public hearing. At the time and

 6  place designated in the notice, the board shall hear all

 7  objections to the budget as proposed and may make such changes

 8  as the board deems necessary. At the conclusion of the budget

 9  hearing, the board shall, by resolution, adopt the budget as

10  finally approved by the board. The budget shall be adopted

11  prior to October 1 of each year.

12         (c)  At least 60 days prior to adoption, the board of

13  the district shall submit to the Charlotte County Board of

14  County Commissioners, for purposes of disclosure and

15  information only, the proposed annual budget for the ensuing

16  fiscal year, and the board of county commissioners may submit

17  written comments to the board of the district solely for the

18  assistance and information of the board of the district in

19  adopting its annual district budget.

20         (d)  The board of the district shall submit annually to

21  the Charlotte County Board of County Commissioners its

22  district public facilities report under section 189.415(2),

23  Florida Statutes, which report the board of county

24  commissioners shall use and rely on in the preparation or

25  revision of its comprehensive plan, specifically under section

26  189.415(6), Florida Statutes.

27         (5)  DISCLOSURE OF PUBLIC FINANCING.--The district

28  shall, in accordance with all applicable general law, provide

29  for the full disclosure of information relating to the public

30  financing and maintenance of improvements to real property

31  undertaken by the district. Such information shall be made

                                  32

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  available to all existing residents and all prospective

 2  residents of the district. The district shall furnish each

 3  developer of a residential development within the district

 4  with sufficient copies of that information to provide each

 5  prospective initial purchaser of property in that development

 6  with a copy. Any developer of a residential development within

 7  the district, when required by law to provide a public

 8  offering statement, shall include a copy of such information

 9  relating to the public financing and maintenance of

10  improvements in the public offering statement. The Division of

11  Florida Land Sales, Condominiums, and Mobile Homes of the

12  Department of Business and Professional Regulation shall

13  ensure that disclosures made by developers pursuant to chapter

14  498, Florida Statutes, meet the requirements of section

15  190.009(1), Florida Statutes.

16         (6)  GENERAL POWERS.--The district shall have, and the

17  board may exercise, the following general powers:

18         (a)  To sue and be sued in the name of the district; to

19  adopt and use a seal and authorize the use of a facsimile

20  thereof; to acquire, by purchase, gift, devise, or otherwise,

21  and to dispose of, real and personal property, or any estate

22  therein; and to make and execute contracts and other

23  instruments necessary or convenient to the exercise of its

24  powers.

25         (b)  To apply for coverage of its employees under the

26  Florida Retirement System in the same manner as if such

27  employees were state employees, subject to necessary action by

28  the district to pay employer contributions into the Florida

29  Retirement System Trust Fund.

30         (c)  To contract for the services of consultants to

31  perform planning, engineering, legal, or other appropriate

                                  33

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  services of a professional nature. Such contracts shall be

 2  subject to public bidding or competitive negotiation

 3  requirements as set forth in general law applicable to

 4  independent special districts.

 5         (d)  To borrow money and accept gifts; to apply for and

 6  use grants or loans of money or other property from the United

 7  States, the state, a unit of local government, or any person

 8  for any district purposes and enter into agreements required

 9  in connection therewith; and to hold, use, and dispose of such

10  moneys or property for any district purposes in accordance

11  with the terms of the gift, grant, loan, or agreement relating

12  thereto.

13         (e)  To adopt and enforce rules and orders pursuant to

14  the provisions of chapter 120, Florida Statutes, prescribing

15  the powers, duties, and functions of the officers of the

16  district; the conduct of the business of the district; the

17  maintenance of records; and the form of certificates

18  evidencing tax liens and all other documents and records of

19  the district. The board may also adopt and enforce

20  administrative rules with respect to any of the projects of

21  the district and define the area to be included therein. The

22  board may also adopt resolutions that may be necessary for the

23  conduct of district business.

24         (f)  To maintain an office at such place or places as

25  the board designates in Charlotte County, and within the

26  district when facilities are available.

27         (g)  To hold, control, and acquire by donation or

28  purchase, or dispose of, any public easements, dedications to

29  public use, platted reservations for public purposes, or any

30  reservations for those purposes authorized by this act and to

31  

                                  34

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  make use of such easements, dedications, or reservations for

 2  the purposes authorized by this act.

 3         (h)  To lease as lessor or lessee to or from any

 4  person, firm, corporation, association, or body, public or

 5  private, any projects of the type that the district is

 6  authorized to undertake and facilities or property of any

 7  nature for the use of the district to carry out the purposes

 8  authorized by this act.

 9         (i)  To borrow money and issue bonds, certificates,

10  warrants, notes, or other evidence of indebtedness as

11  hereinafter provided; to levy such taxes and assessments as

12  may be authorized; and to charge, collect, and enforce fees

13  and other user charges.

14         (j)  To raise, by user charges or fees authorized by

15  resolution of the board, amounts of money necessary for the

16  conduct of district activities and services and to enforce

17  their receipt and collection in the manner prescribed by

18  resolution not inconsistent with law.

19         (k)  To cooperate with, or contract with, other

20  governmental agencies as may be necessary, convenient,

21  incidental, or proper in connection with any of the powers,

22  duties, or purposes authorized by this act.

23         (l)  To assess and to impose upon lands in the district

24  ad valorem taxes as provided by this act.

25         (m)  If and when authorized by general law, to

26  determine, order, levy, impose, collect, and enforce

27  maintenance taxes.

28         (n)  To determine, order, levy, impose, collect, and

29  enforce assessments pursuant to this act and the general laws

30  of the state.

31  

                                  35

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (o)  To hold, control and acquire by donation,

 2  purchase, or condemnation (subject to the limitation on the

 3  district's eminent domain powers as set forth below), or

 4  dispose of, any public easements, dedications to public use,

 5  platted reservations for public purposes, or any reservations

 6  for those purposes authorized by this act, both within and

 7  outside the boundaries of the district, and to make use of

 8  such easements, dedications, or reservations for the purposes

 9  authorized by this act.

10         (p)  To exercise within the district, or beyond the

11  district with prior approval by resolution of the governing

12  body of the county in which the taking will occur, the right

13  and power of eminent domain, pursuant to the provisions of

14  chapters 73 and 74, Florida Statutes, over any property within

15  the state, except municipal, county, state, and federal

16  property, for the uses and purposes of the district relating

17  solely to water, sewer, transportation improvements as

18  outlined in subsection (7), and water management, specifically

19  including, without limitation, the power for the taking of

20  easements for the drainage of the land of one person over and

21  through the land of another.

22         (q)  To exercise such special powers and other express

23  powers as may be authorized and granted by this act in the

24  charter of the district, including powers as provided in any

25  interlocal agreement entered into pursuant to chapter 163,

26  Florida Statutes, or that shall be required or permitted to be

27  undertaken by the district pursuant to any development order

28  or development of regional impact, or any other agreement with

29  Charlotte County or other governmental entities, including,

30  without limitation, any school district, sheriff, fire

31  district, drainage district, and health care district for

                                  36

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  proportionate, fair-share, or pipelining capital construction

 2  funding for any certain capital facilities or systems required

 3  from the development pursuant to any applicable development

 4  order or agreement.

 5         (r)  To exercise all of the powers necessary,

 6  convenient, incidental, or proper in connection with any other

 7  powers or duties or the special purpose of the district

 8  authorized by this act.

 9         (s)  To carry out any conditions of any development

10  approval, development order, or agreement applicable to the

11  development of the Babcock Ranch Community that relates to the

12  provisions of infrastructure, including roads and other

13  on-site and off-site improvements and any surety obligations

14  relating thereto.

15  

16  The provisions of this subsection shall be construed liberally

17  in order to carry out effectively the specialized purpose of

18  this act.

19         (7)  SPECIAL POWERS.--The district shall have, and the

20  board may exercise, the following special powers to implement

21  its lawful and special purpose and to provide, pursuant to

22  that purpose, systems, facilities, services, improvements,

23  projects, works, and infrastructure, each of which constitutes

24  a lawful public purpose when exercised pursuant to this

25  charter, subject to, and not inconsistent with, the regulatory

26  jurisdiction and permitting authority of all other applicable

27  governmental bodies, agencies, and any special districts

28  having authority with respect to any area included therein,

29  and to plan, establish, acquire, construct or reconstruct,

30  enlarge or extend, equip, operate, finance, fund, and maintain

31  improvements, systems, facilities, services, works, projects,

                                  37

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  and infrastructure, including, without limitation, any

 2  obligations pursuant to a development order or agreement. Any

 3  or all of the following special powers are granted by this act

 4  in order to implement the special purpose of the district:

 5         (a)  To provide water management and control for the

 6  lands within the district and to connect some or any of such

 7  facilities with roads and bridges. In the event that the board

 8  assumes the responsibility for providing water management and

 9  control for the district that is to be financed by benefit

10  special assessments, the board shall adopt plans and

11  assessments pursuant to law or may adopt water management and

12  control plans, assess for benefits, and apportion and levy

13  special assessments, as follows:

14         1.  The board shall cause to be made by the district's

15  engineer, or such other engineer or engineers as the board may

16  employ for that purpose, complete and comprehensive water

17  management and control plans for the lands located within the

18  district that will be improved in any part or in whole by any

19  system of facilities that may be outlined and adopted, and the

20  engineer shall make a report in writing to the board with maps

21  and profiles of said surveys and an estimate of the cost of

22  carrying out and completing the plans.

23         2.  Upon the completion of such plans, the board shall

24  hold a hearing thereon to hear objections thereto; shall give

25  notice of the time and place fixed for such hearing by

26  publication once each week for 2 consecutive weeks in a

27  newspaper of general circulation in the general area of the

28  district; and shall permit the inspection of the plan at the

29  office of the district by all persons interested. All

30  objections to the plan shall be filed at or before the time

31  fixed in the notice for the hearing and shall be in writing.

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         3.  After the hearing, the board shall consider the

 2  proposed plan and any objections thereto and may modify,

 3  reject, or adopt the plan or continue the hearing until a day

 4  certain for further consideration of the proposed plan or

 5  modifications thereof.

 6         4.  When the board approves a plan, a resolution shall

 7  be adopted and a certified copy thereof shall be filed in the

 8  office of the secretary and incorporated by him or her into

 9  the records of the district.

10         5.  The water management and control plan may be

11  altered in detail from time to time until the appraisal record

12  herein provided is filed but not in such manner as to affect

13  materially the conditions of its adoption. After the appraisal

14  record has been filed, no alteration of the plan shall be

15  made, except as provided by this act.

16         6.  Within 20 days after the final adoption of the plan

17  by the board, the board shall proceed pursuant to section

18  298.301, Florida Statutes.

19         (b)  To provide for water supply, sewer, and wastewater

20  management, reclamation, and reuse, or any combination

21  thereof, and any irrigation systems, facilities, and services

22  and to construct and operate connecting intercepting or outlet

23  sewers and sewer mains and pipes and water mains, conduits, or

24  pipelines in, along, and under any street, alley, highway, or

25  other public place or ways, and to dispose of any effluent,

26  residue, or other byproducts of such system or sewer system.

27         1.  The district may not purchase or sell a water,

28  sewer, or wastewater reuse utility that provides service to

29  the public for compensation, or enter into a wastewater

30  facility privatization contract for a wastewater facility,

31  until the governing body of the district has held a public

                                  39

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  hearing on the purchase, sale, or wastewater facility

 2  privatization contract and made a determination that the

 3  purchase, sale, or wastewater facility privatization contract

 4  is in the public interest.

 5         2.  In determining if the purchase, sale, or wastewater

 6  facility privatization contract is in the public interest, the

 7  district shall consider, at a minimum, the following:

 8         a.  The most recent available income and expense

 9  statement for the utility.

10         b.  The most recent available balance sheet for the

11  utility, listing assets and liabilities and clearly showing

12  the amount of contributions in aid of construction and the

13  accumulated depreciation thereon.

14         c.  A statement of the existing rate base of the

15  utility for regulatory purposes.

16         d.  The physical condition of the utility facilities

17  being purchased or sold or subject to a wastewater facility

18  privatization contract.

19         e.  The reasonableness of the purchase, sale, or

20  wastewater facility privatization contract price and terms.

21         f.  The impacts of the purchase, sale, or wastewater

22  facility privatization contract on utility customers, both

23  positive and negative.

24         g.  Any additional investment required and the ability

25  and willingness of the purchaser or the private firm under a

26  wastewater facility privatization contract to make that

27  investment, whether the purchaser is the district or the

28  entity purchasing the utility from the district.

29         h.  In the case of a wastewater facility privatization

30  contract, the terms and conditions on which the private firm

31  will provide capital investment and financing or a combination

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  thereof for contemplated capital replacements, additions,

 2  expansions, and repairs.

 3         i.  The alternatives to the purchase, sale, or

 4  wastewater facility privatization contract and the potential

 5  impact on utility customers if the purchase, sale, or

 6  wastewater facility privatization contract is not made.

 7         j.  The ability of the purchaser or the private firm

 8  under a wastewater facility privatization contract to provide

 9  and maintain high-quality and cost-effective utility service,

10  whether the purchaser is the district or the entity purchasing

11  the utility from the district.

12         k.  In the case of a wastewater facility privatization

13  contract, the district shall give significant weight to the

14  technical expertise and experience of the private firm in

15  carrying out the obligations specified in the wastewater

16  facility privatization contract.

17         1.  All moneys paid by a private firm to a district

18  pursuant to a wastewater facility privatization contract shall

19  be used for the purpose of reducing or offsetting property

20  taxes, wastewater service rates, or debt reduction or making

21  infrastructure improvements or capital asset expenditures or

22  other public purpose, provided, however, that nothing herein

23  shall preclude the district from using all or part of the

24  moneys for the purpose of the district's qualification for

25  relief from the repayment of federal grant awards associated

26  with the wastewater system as may be required by federal law

27  or regulation. The district shall prepare a statement showing

28  that the purchase, sale, or wastewater facility privatization

29  contract is in the public interest, including a summary of the

30  purchaser's or private firm's experience in water, sewer, or

31  wastewater reuse utility operation and a showing of financial

                                  41

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  ability to provide the service, whether the purchaser or

 2  private firm is the district or the entity purchasing the

 3  utility from the district.

 4         (c)  To provide for bridges or culverts that may be

 5  needed across any drain, ditch, canal, floodway, holding

 6  basin, excavation, public highway, tract, grade, fill, or cut

 7  and roadways over levees and embankments, and to construct any

 8  and all of such works and improvements across, through, or

 9  over any public right-of-way, highway, grade, fill, or cut.

10         (d)  To provide for transportation and

11  transportation-related improvements equal to or exceeding the

12  specifications of the county in which such transportation

13  improvements are located, which specifications may include,

14  but not be limited to, those outlined in conditions of

15  development approval. Such transportation and

16  transportation-related improvements may include, but are not

17  limited to, highways, streets, roads, alleys, trails,

18  pathways, sidewalks, parkways, bicycle lanes, jogging paths,

19  interchanges, bridges, thoroughfares of all kinds and

20  descriptions, landscaping, hardscaping, irrigation, storm

21  drains, street lighting, traffic signals, regulatory or

22  informational signage, road striping, underground conduit,

23  underground cable or fiber or wire, parking facilities, and

24  all other related elements of a functioning transportation

25  system in general or as related to the conditions of a

26  development approval affecting the Babcock Ranch Community.

27  Such transportation improvements may be located on-site or

28  off-site; provided, however, that any off-site transportation

29  improvements must be required or approved by the local general

30  purpose government in which they are located.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (e)  To provide buses, trolleys, transit shelters and

 2  services, ridesharing facilities and services, parking

 3  improvements, and related signage.

 4         (f)  To provide investigation and remediation costs

 5  associated with the cleanup of actual or perceived

 6  environmental contamination within the district under the

 7  supervision or direction of a competent governmental authority

 8  unless the covered costs benefit any person who is a landowner

 9  within the district and who caused or contributed to the

10  contamination.

11         (g)  To provide for observation areas, conservation

12  areas, mitigation areas, wildlife areas and wildlife habitat

13  within or outside the district, including the maintenance of

14  any plant or animal species, and any related interest in real

15  or personal property.

16         (h)  To provide for parks and facilities for indoor and

17  outdoor recreational, cultural, educational, and library uses.

18         (i)  To provide for fire prevention and control,

19  including fire stations, water mains and plugs, fire trucks,

20  and other vehicles and equipment.

21         (j)  To establish and maintain emergency medical and

22  rescue response services, and acquire and maintain rescue,

23  medical, and other emergency equipment.

24         (k)  To provide for school buildings and related

25  structures, which may be leased, sold, or donated to the

26  school district, for use in the educational system when

27  authorized by the affected school board. The district is

28  granted the special power to contract with the school boards

29  of Charlotte and Lee counties and, as applicable, the boards

30  of county commissioners of Charlotte and Lee Counties, and

31  with the applicable landowner developer of the lands within

                                  43

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  the district, to assess the school district educational

 2  facilities plan, and to implement a management and financing

 3  plan for timely construction, maintenance, and acquisition, at

 4  the option of the district, of school facilities, including

 5  facilities identified in the facilities work programs or those

 6  proposed by charter schools. The district is granted the

 7  special power to determine, order, levy, impose, collect, or

 8  arrange for the collection and enforcement of assessments, as

 9  defined in and pursuant to this act, for such school

10  facilities. The district is eligible for the financial

11  enhancements available to educational facility benefit

12  districts to provide for financing the construction and

13  maintenance of educational facilities pursuant to section

14  1013.356, Florida Statutes, and, if and when authorized by

15  general law, to acquire such educational facilities. This act,

16  in the place of an educational facilities benefit district,

17  authorizes the affected school board to designate the

18  district. The district is authorized to enter into an

19  interlocal agreement with the affected school board and, as

20  applicable, the affected county, and applicable private

21  landowners and developers in order to provide for such

22  construction, maintenance, and acquisition and in order to

23  receive the applicable financial enhancements provided by

24  section 1013.356, Florida Statutes. The interlocal agreement

25  shall consider, among other things, absorption rates, sales

26  rates, and related data of existing and projected schools;

27  racial, ethnic, social, and economic balance within the

28  affected school district under applicable state and federal

29  law; and the provision of school attendance zones to allow

30  students residing within a reasonable distance of the

31  facilities constructed and financed through the interlocal

                                  44

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  agreement to attend such facilities. Because these facilities

 2  are funded by assessments and not by taxes of any type, the

 3  provision of these facilities may be multiuse and, consistent

 4  with the provisions of this act, shall be first liens on the

 5  property upon a showing of special and peculiar benefits that

 6  flow to the property within the jurisdiction of the district

 7  as a logical connection from the systems, facilities, and

 8  services, resulting in added use, enhanced enjoyment,

 9  decreased insurance premiums, or enhanced value in

10  marketability so that the Legislature finds that the

11  provisions of the Florida Constitution for free public schools

12  is implemented and enhanced. Nothing herein requires any

13  change in the method of election of the governing board of the

14  district provided for in section 5.

15         (l)  To provide for security, including, but not

16  limited to, guardhouses, fences, and gates, electronic

17  intrusion-detection systems, and patrol cars, when authorized

18  by proper governmental agencies; provided, however, the

19  district may not exercise any powers of a law enforcement

20  agency but may contract with the appropriate local

21  general-purpose government agencies for an increased level of

22  such services within the district boundaries. The district may

23  operate guardhouses for the limited purpose of providing

24  security for the residents of the district and that serve a

25  predominate public, as opposed to private, purpose. Such

26  guardhouses shall be operated by the district or any other

27  unit of local government pursuant to procedures designed to

28  serve such security purposes as set forth in rules adopted by

29  the board, from time to time, following the procedures set

30  forth in chapter 120, Florida Statutes.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (m)  To provide control and elimination of mosquitoes

 2  and other arthropods of public health importance.

 3         (n)  To provide waste collection and disposal.

 4         (o)  To enter into impact fee credit agreements with

 5  Charlotte and Lee Counties and their respective school boards.

 6  Under such agreements, if the district constructs or makes

 7  contributions for public systems, facilities, services,

 8  projects, improvements, works, and infrastructures for which

 9  impact fee credits would be available to the landowner

10  developer under the applicable impact fee ordinance, the

11  agreement authorized by this act shall provide that such

12  impact fee credit shall inure to the landowners within the

13  district in proportion to assessments or other burdens levied

14  and imposed upon the landowners with respect to assessable

15  improvements giving rise to such impact fee credits, and the

16  district shall from time to time execute such instruments,

17  such as assignments of impact fee credits, as may be

18  necessary, appropriate, or desirable to accomplish or to

19  confirm the foregoing.

20         (p)  To provide buildings and structures for district

21  offices, maintenance facilities, meeting facilities, town

22  centers, or any other project authorized or granted by this

23  act.

24         (q)  To establish and create, at noticed meetings, such

25  governmental departments of the governing board of the

26  district, as well as committees, task forces, boards, or

27  commissions, or other agencies under the supervision and

28  control of the district, as from time to time the members of

29  the board may deem necessary or desirable in the performance

30  of the acts or other things necessary to exercise the board's

31  general or special powers to implement an innovative project

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  to carry out the special purpose of the district as provided

 2  in this act and to delegate the exercise of its powers to such

 3  departments, boards, task forces, committees, or other

 4  agencies and such administrative duties and other powers as

 5  the board may deem necessary or desirable, but only if there

 6  is a set of expressed limitations for accountability, notice,

 7  and periodic written reporting to the board that shall retain

 8  the powers of the board.

 9         (r)  To provide for any facilities or improvements that

10  may otherwise be provided for by any county or municipality,

11  including, but not limited to, libraries, annexes,

12  substations, and other buildings to house public officials,

13  staff, and employees.

14         (s)  To provide for affordable housing and affordable

15  housing assistance in accordance with section 189.4155(6),

16  Florida Statutes, and other provisions of general law.

17         (t)  To provide for the construction and operation of

18  communications systems and related infrastructure for the

19  carriage and distribution of communications services, and to

20  enter into joint ventures, public-private partnerships, and

21  other agreements and to grant such easements as may be

22  necessary to accomplish the foregoing. Communications systems

23  shall mean all facilities, buildings, equipment, items, and

24  methods necessary or desirable in order to provide

25  communications services, including, without limitation, wires,

26  cables, conduits, wireless cell sites, computers, modems,

27  satellite antennae sites, transmission facilities, network

28  facilities, and appurtenant devices necessary and appropriate

29  to support the provision of communications services.

30  Communications services includes without limitation internet,

31  voice telephone or similar services provided by voice over

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  internet protocol, cable television, data transmission

 2  services, electronic security monitoring services, and

 3  multi-channel video programming distribution services.

 4         (u)  To provide electricity and related infrastructure

 5  and to enter into public-private partnerships and agreements

 6  as may be necessary to accomplish the foregoing.

 7         (v)  To provide health care facilities and to enter

 8  into public-private partnerships and agreements as may be

 9  necessary to accomplish the foregoing.

10         (w)  To coordinate, work with, and, as the board deems

11  appropriate, enter into interlocal agreements with any public

12  or private entity for the provision of an institution or

13  institutions of higher education.

14         (x)  To exercise its general and special powers as set

15  forth in this act within or without the boundaries of the

16  district when the subject of such exercise is approved or

17  required by a development order, or is the subject of an

18  agreement with the county, school district, or with any other

19  applicable public or private entity, and is not inconsistent

20  with the effective local comprehensive plans.

21  

22  The enumeration of special powers herein shall not be deemed

23  exclusive or restrictive but shall be deemed to incorporate

24  all powers, express or implied, necessary or incident to

25  carrying out such enumerated special powers, including the

26  general powers provided by this special act charter to the

27  district to implement its single purpose. Further, the

28  provisions of this subsection shall be construed liberally in

29  order to carry out effectively the special purpose of this

30  district under this act. However, nothing contained herein

31  shall relieve the district of its obligation to obtain a

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  resolution from the affected county prior to exercising its

 2  eminent domain authority outside of the district boundaries

 3  pursuant to section 6.

 4         (8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition

 5  to the other powers provided for in this act, and not in

 6  limitation thereof, the district shall have the power, at any

 7  time and from time to time after the issuance of any bonds of

 8  the district shall have been authorized, to borrow money for

 9  the purposes for which such bonds are to be issued in

10  anticipation of the receipt of the proceeds of the sale of

11  such bonds and to issue bond anticipation notes in a principal

12  sum not in excess of the authorized maximum amount of such

13  bond issue. Such notes shall be in such denomination or

14  denominations, bear interest at such rate as the board may

15  determine not to exceed the maximum rate allowed by general

16  law, mature at such time or times not later than 5 years from

17  the date of issuance, and be in such form and executed in such

18  manner as the board shall prescribe. Such notes may be sold at

19  either public or private sale or, if such notes shall be

20  renewal notes, may be exchanged for notes then outstanding on

21  such terms as the board shall determine. Such notes shall be

22  paid from the proceeds of such bonds when issued. The board

23  may, in its discretion, in lieu of retiring the notes by means

24  of bonds, retire them by means of current revenues or from any

25  taxes or assessments levied for the payment of such bonds,

26  but, in such event, a like amount of the bonds authorized

27  shall not be issued.

28         (9)  BORROWING.--The district at any time may obtain

29  loans, in such amount and on such terms and conditions as the

30  board may approve, for the purpose of paying any of the

31  expenses of the district or any costs incurred or that may be

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  incurred in connection with any of the projects of the

 2  district, which loans shall bear interest as the board

 3  determines, not to exceed the maximum rate allowed by general

 4  law, and may be payable from and secured by a pledge of such

 5  funds, revenues, taxes, and assessments as the board may

 6  determine, subject, however, to the provisions contained in

 7  any proceeding under which bonds were theretofore issued and

 8  are then outstanding. For the purpose of defraying such costs

 9  and expenses, the district may issue negotiable notes,

10  warrants, or other evidences of debt to be payable at such

11  times and to bear such interest as the board may determine,

12  not to exceed the maximum rate allowed by general law, and to

13  be sold or discounted at such price or prices not less than 95

14  percent of par value and on such terms as the board may deem

15  advisable. The board shall have the right to provide for the

16  payment thereof by pledging the whole or any part of the

17  funds, revenues, taxes, and assessments of the district. The

18  approval of the electors residing in the district shall not be

19  necessary except when required by the State Constitution.

20         (10)  BONDS.--

21         (a)  Sale of bonds.--Bonds may be sold in blocks or

22  installments at different times, or an entire issue or series

23  may be sold at one time. Bonds may be sold at public or

24  private sale after such advertisement, if any, as the board

25  may deem advisable but not in any event at less than 90

26  percent of the par value thereof, together with accrued

27  interest thereon. Bonds may be sold or exchanged for refunding

28  bonds. Special assessment and revenue bonds may be delivered

29  by the district as payment of the purchase price of any

30  project or part thereof, or a combination of projects or parts

31  thereof, or as the purchase price or exchange for any

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  property, real, personal, or mixed, including franchises or

 2  services rendered by any contractor, engineer, or other

 3  person, all at one time or in blocks from time to time, in

 4  such manner and upon such terms as the board in its discretion

 5  shall determine. The price or prices for any bonds sold,

 6  exchanged, or delivered may be:

 7         1.  The money paid for the bonds.

 8         2.  The principal amount, plus accrued interest to the

 9  date of redemption or exchange, or outstanding obligations

10  exchanged for refunding bonds.

11         3.  In the case of special assessment or revenue bonds,

12  the amount of any indebtedness to contractors or other persons

13  paid with such bonds, or the fair value of any properties

14  exchanged for the bonds, as determined by the board.

15         (b)  Authorization and form of bonds.--Any general

16  obligation bonds, special assessment bonds, or revenue bonds

17  may be authorized by resolution or resolutions of the board

18  that shall be adopted by a majority of all the voting members

19  thereof then in office. Such resolution or resolutions may be

20  adopted at the same meeting at which they are introduced and

21  need not be published or posted. The board may, by resolution,

22  authorize the issuance of bonds and fix the aggregate amount

23  of bonds to be issued; the purpose or purposes for which the

24  moneys derived therefrom shall be expended, including, but not

25  limited to, payment of costs as defined in this act; the rate

26  or rates of interest, not to exceed the maximum rate allowed

27  by general law; the denomination of the bonds; whether or not

28  the bonds are to be issued in one or more series; the date or

29  dates of maturity, which shall not exceed 40 years from their

30  respective dates of issuance; the medium of payment; the place

31  or places within or without the state at which payment shall

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  be made; registration privileges; redemption terms and

 2  privileges, whether with or without premium; the manner of

 3  execution; the form of the bonds, including any interest

 4  coupons to be attached thereto; the manner of execution of

 5  bonds and coupons; and any and all other terms, covenants, and

 6  conditions thereof and the establishment of revenue or other

 7  funds. Such authorizing resolution or resolutions may further

 8  provide for the contracts authorized by section 159.825(1)(f)

 9  and (g), Florida Statutes, regardless of the tax treatment of

10  such bonds being authorized, subject to the finding by the

11  board of a net saving to the district resulting by reason

12  thereof. Such authorizing resolution may further provide that

13  such bonds may be executed in accordance with the Registered

14  Public Obligations Act, except that bonds not issued in

15  registered form shall be valid if manually countersigned by an

16  officer designated by appropriate resolution of the board. The

17  seal of the district may be affixed, lithographed, engraved,

18  or otherwise reproduced in facsimile on such bonds. In case

19  any officer whose signature shall appear on any bonds or

20  coupons shall cease to be such officer before the delivery of

21  such bonds, such signature or facsimile shall nevertheless be

22  valid and sufficient for all purposes the same as if he or she

23  had remained in office until such delivery.

24         (c)  Interim certificates; replacement

25  certificates.--Pending the preparation of definitive bonds,

26  the board may issue interim certificates or receipts or

27  temporary bonds, in such form and with such provisions as the

28  board may determine, exchangeable for definitive bonds when

29  such bonds have been executed and are available for delivery.

30  The board may also provide for the replacement of any bonds

31  that become mutilated, lost, or destroyed.

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (d)  Negotiability of bonds.--Any bond issued under

 2  this act or any temporary bond, in the absence of an express

 3  recital on the face thereof that it is nonnegotiable, shall be

 4  fully negotiable and shall be and constitute a negotiable

 5  instrument within the meaning and for all purposes of the law

 6  merchant and the laws of the state.

 7         (e)  Defeasance.--The board may make such provision

 8  with respect to the defeasance of the right, title, and

 9  interest of the holders of any of the bonds and obligations of

10  the district in any revenues, funds, or other properties by

11  which such bonds are secured as the board deems appropriate

12  and, without limitation on the foregoing, may provide that

13  when such bonds or obligations become due and payable or shall

14  have been called for redemption and the whole amount of the

15  principal and interest and premium, if any, due and payable

16  upon the bonds or obligations then outstanding shall be held

17  in trust for such purpose, and provision shall also be made

18  for paying all other sums payable in connection with such

19  bonds or other obligations, then and in such event the right,

20  title, and interest of the holders of the bonds in any

21  revenues, funds, or other properties by which such bonds are

22  secured shall thereupon cease, terminate, and become void; and

23  the board may apply any surplus in any sinking fund

24  established in connection with such bonds or obligations and

25  all balances remaining in all other funds or accounts other

26  than moneys held for the redemption or payment of the bonds or

27  other obligations to any lawful purpose of the district as the

28  board shall determine.

29         (f)  Issuance of additional bonds.--If the proceeds of

30  any bonds are less than the cost of completing the project in

31  connection with which such bonds were issued, the board may

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  authorize the issuance of additional bonds, upon such terms

 2  and conditions as the board may provide in the resolution

 3  authorizing the issuance thereof, but only in compliance with

 4  the resolution or other proceedings authorizing the issuance

 5  of the original bonds.

 6         (g)  Refunding bonds.--The district shall have the

 7  power to issue bonds to provide for the retirement or

 8  refunding of any bonds or obligations of the district that at

 9  the time of such issuance are or subsequent thereto become due

10  and payable, or that at the time of issuance have been called

11  or are or will be subject to call for redemption within 10

12  years thereafter, or the surrender of which can be procured

13  from the holders thereof at prices satisfactory to the board.

14  Refunding bonds may be issued at any time that in the judgment

15  of the board such issuance will be advantageous to the

16  district. No approval of the qualified electors residing in

17  the district shall be required for the issuance of refunding

18  bonds except in cases in which such approval is required by

19  the State Constitution. The board may by resolution confer

20  upon the holders of such refunding bonds all rights, powers,

21  and remedies to which the holders would be entitled if they

22  continued to be the owners and had possession of the bonds for

23  the refinancing of which such refunding bonds are issued,

24  including, but not limited to, the preservation of the lien of

25  such bonds on the revenues of any project or on pledged funds,

26  without extinguishment, impairment, or diminution thereof. The

27  provisions of this act pertaining to bonds of the district

28  shall, unless the context otherwise requires, govern the

29  issuance of refunding bonds, the form and other details

30  thereof, the rights of the holders thereof, and the duties of

31  the board with respect to them.

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (h)  Revenue bonds.--

 2         1.  The district shall have the power to issue revenue

 3  bonds from time to time without limitation as to amount. Such

 4  revenue bonds may be secured by, or payable from, the gross or

 5  net pledge of the revenues to be derived from any project or

 6  combination of projects; from the rates, fees, or other

 7  charges to be collected from the users of any project or

 8  projects; from any revenue-producing undertaking or activity

 9  of the district; from special assessments; or from benefit

10  special assessments; or from any other source or pledged

11  security. Such bonds shall not constitute an indebtedness of

12  the district, and the approval of the qualified electors shall

13  not be required unless such bonds are additionally secured by

14  the full faith and credit and taxing power of the district.

15         2.  Any two or more projects may be combined and

16  consolidated into a single project and may hereafter be

17  operated and maintained as a single project. The revenue bonds

18  authorized herein may be issued to finance any one or more of

19  such projects, regardless of whether or not such projects have

20  been combined and consolidated into a single project. If the

21  board deems it advisable, the proceedings authorizing such

22  revenue bonds may provide that the district may thereafter

23  combine the projects then being financed or theretofore

24  financed with other projects to be subsequently financed by

25  the district and that revenue bonds to be thereafter issued by

26  the district shall be on parity with the revenue bonds then

27  being issued, all on such terms, conditions, and limitations

28  as shall have been provided in the proceeding which authorized

29  the original bonds.

30         (i)  General obligation bonds.--

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         1.  Subject to the limitations of this charter, the

 2  district shall have the power from time to time to issue

 3  general obligation bonds to finance or refinance capital

 4  projects or to refund outstanding bonds in an aggregate

 5  principal amount of bonds outstanding at any one time not in

 6  excess of 35 percent of the assessed value of the taxable

 7  property within the district as shown on the pertinent tax

 8  records at the time of the authorization of the general

 9  obligation bonds for which the full faith and credit of the

10  district is pledged. Except for refunding bonds, no general

11  obligation bonds shall be issued unless the bonds are issued

12  to finance or refinance a capital project and the issuance has

13  been approved at an election held in accordance with the

14  requirements for such election as prescribed by the State

15  Constitution. Such elections shall be called to be held in the

16  district by the Board of County Commissioners of Charlotte

17  County upon the request of the board of the district. The

18  expenses of calling and holding an election shall be at the

19  expense of the district, and the district shall reimburse the

20  county for any expenses incurred in calling or holding such

21  election.

22         2.  The district may pledge its full faith and credit

23  for the payment of the principal and interest on such general

24  obligation bonds and for any reserve funds provided therefor

25  and may unconditionally and irrevocably pledge itself to levy

26  ad valorem taxes on all taxable property in the district, to

27  the extent necessary for the payment thereof, without

28  limitation as to rate or amount.

29         3.  If the board determines to issue general obligation

30  bonds for more than one capital project, the approval of the

31  issuance of the bonds for each and all such projects may be

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  submitted to the electors on one and the same ballot. The

 2  failure of the electors to approve the issuance of bonds for

 3  any one or more capital projects shall not defeat the approval

 4  of bonds for any capital project that has been approved by the

 5  electors.

 6         4.  In arriving at the amount of general obligation

 7  bonds permitted to be outstanding at any one time pursuant to

 8  subparagraph 1., there shall not be included any general

 9  obligation bonds that are additionally secured by the pledge

10  of:

11         a.  Any assessments levied in an amount sufficient to

12  pay the principal and interest on the general obligation bonds

13  so additionally secured, which assessments have been equalized

14  and confirmed by resolution of the board pursuant to this act

15  or section 170.08, Florida Statutes.

16         b.  Water revenues, sewer revenues, or water and sewer

17  revenues of the district to be derived from user fees in an

18  amount sufficient to pay the principal and interest on the

19  general obligation bonds so additionally secured.

20         c.  Any combination of assessments and revenues

21  described in sub-subparagraphs a. and b.

22         (j)  Bonds as legal investment or security.--

23         1.  Notwithstanding any provisions of any other law to

24  the contrary, all bonds issued under the provisions of this

25  act shall constitute legal investments for savings banks,

26  banks, trust companies, insurance companies, executors,

27  administrators, trustees, guardians, and other fiduciaries and

28  for any board, body, agency, instrumentality, county,

29  municipality, or other political subdivision of the state and

30  shall be and constitute security that may be deposited by

31  banks or trust companies as security for deposits of state,

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  county, municipal, or other public funds or by insurance

 2  companies as required or voluntary statutory deposits.

 3         2.  Any bonds issued by the district shall be

 4  incontestable in the hands of bona fide purchasers or holders

 5  for value and shall not be invalid because of any irregularity

 6  or defect in the proceedings for the issue and sale thereof.

 7         (k)  Covenants.--Any resolution authorizing the

 8  issuance of bonds may contain such covenants as the board may

 9  deem advisable, and all such covenants shall constitute valid

10  and legally binding and enforceable contracts between the

11  district and the bondholders, regardless of the time of

12  issuance thereof. Such covenants may include, without

13  limitation, covenants concerning the disposition of the bond

14  proceeds; the use and disposition of project revenues; the

15  pledging of revenues, taxes, and assessments; the obligations

16  of the district with respect to the operation of the project

17  and the maintenance of adequate project revenues; the issuance

18  of additional bonds; the appointment, powers, and duties of

19  trustees and receivers; the acquisition of outstanding bonds

20  and obligations; restrictions on the establishing of competing

21  projects or facilities; restrictions on the sale or disposal

22  of the assets and property of the district; the priority of

23  assessment liens; the priority of claims by bondholders on the

24  taxing power of the district; the maintenance of deposits to

25  ensure the payment of revenues by users of district facilities

26  and services; the discontinuance of district services by

27  reason of delinquent payments; acceleration upon default; the

28  execution of. necessary instruments; the procedure for

29  amending or abrogating covenants with the bondholders; and

30  such other covenants as may be deemed necessary or desirable

31  for the security of the bondholders.

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (l)  Validation proceedings.--The power of the district

 2  to issue bonds under the provisions of this act may be

 3  determined, and any of the bonds of the district maturing over

 4  a period of more than 5 years shall be validated and

 5  confirmed, by court decree, under the provisions of chapter

 6  75, Florida Statutes, and laws amendatory thereof or

 7  supplementary thereto.

 8         (m)  Tax exemption.--To the extent allowed by general

 9  law, all bonds issued hereunder and interest paid thereon and

10  all fees, charges, and other revenues derived by the district

11  from the projects provided by this act are exempt from all

12  taxes by the state or by any political subdivision, agency, or

13  instrumentality thereof; however, any interest, income, or

14  profits on debt obligations issued hereunder are not exempt

15  from the tax imposed by chapter 220, Florida Statutes.

16  Further, the district is not exempt from the provisions of

17  chapter 212, Florida Statutes.

18         (n)  Application of section 189.4085, Florida

19  Statutes.--Bonds issued by the district shall meet the

20  criteria set forth in section 189.4085, Florida Statutes.

21         (o)  Act furnishes full authority for issuance of

22  bonds.--This act constitutes full and complete authority for

23  the issuance of bonds and the exercise of the powers of the

24  district provided herein. No procedures or proceedings,

25  publications, notices, consents, approvals, orders, acts, or

26  things by the board, or any board, officer, commission,

27  department, agency, or instrumentality of the district, other

28  than those required by this act, shall be required to perform

29  anything under this act, except that the issuance or sale of

30  bonds pursuant to the provisions of this act shall comply with

31  the general law requirements applicable to the issuance or

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  sale of bonds by the district. Nothing in this act shall be

 2  construed to authorize the district to utilize bond proceeds

 3  to fund the ongoing operations of the district.

 4         (p)  Pledge by the state to the bondholders of the

 5  district.--The state pledges to the holders of any bonds

 6  issued under this act that it will not limit or alter the

 7  rights of the district to own, acquire, construct,

 8  reconstruct, improve, maintain, operate, or furnish the

 9  projects or to levy and collect the taxes, assessments,

10  rentals, rates, fees, and other charges provided for herein

11  and to fulfill the terms of any agreement made with the

12  holders of such bonds or other obligations and that it will

13  not in any way impair the rights or remedies of such holders.

14         (q)  Default; dissolution.--A default on the bonds or

15  obligations of the district shall not constitute a debt or

16  obligation of any local general purpose government or the

17  state. In the event of a default or dissolution of the

18  district, no local general-purpose government shall be

19  required to assume the property of the district, the debts of

20  the district, or the district's obligations to complete any

21  infrastructure improvements or provide services to the

22  district.

23         (11)  TRUST AGREEMENTS.--Any issue of bonds shall be

24  secured by a trust agreement by and between the district and a

25  corporate trustee or trustees, which may be any trust company

26  or bank having the powers of a trust company within or without

27  the state. The resolution authorizing the issuance of the

28  bonds or such trust agreement may pledge the revenues to be

29  received from any projects of the district and may contain

30  such provisions for protecting and enforcing the rights and

31  remedies of the bondholders as the board may approve,

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  including, without limitation, covenants setting forth the

 2  duties of the district in relation to: the acquisition,

 3  construction, reconstruction, improvement, maintenance,

 4  repair, operation, and insurance of any projects; the fixing

 5  and revising of the rates, fees, and charges; and the custody,

 6  safeguarding, and application of all moneys and for the

 7  employment of consulting engineers in connection with such

 8  acquisition, construction, reconstruction, improvement,

 9  maintenance, repair, or operation. It shall be lawful for any

10  bank or trust company within or without the state that may act

11  as a depository of the proceeds of bonds or of revenues to

12  furnish such indemnifying bonds or to pledge such securities

13  as may be required by the district. Such resolution or trust

14  agreement may set forth the rights and remedies of the

15  bondholders and of the trustee, if any, and may restrict the

16  individual right of action by bondholders. The board may

17  provide for the payment of proceeds of the sale of the bonds

18  and the revenues of any project to such officer, board, or

19  depository as it may designate for the custody thereof and may

20  provide for the method of disbursement thereof with such

21  safeguards and restrictions as it may determine. All expenses

22  incurred in carrying out the provisions of such resolution or

23  trust agreement may be treated as part of the cost of

24  operation of the project to that such trust agreement

25  pertains.

26         (12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL

27  ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL

28  ASSESSMENTS; MAINTENANCE TAXES.--

29         (a)  Ad valorem taxes.--A board elected by and

30  consisting of qualified electors of the district shall have

31  the power to levy and assess an ad valorem tax on all the

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  taxable property in the district to construct, operate, and

 2  maintain assessable improvements; to pay the principal of, and

 3  interest on, any general obligation bonds of the district; and

 4  to provide for any sinking or other funds established in

 5  connection with any such bonds. An ad valorem tax levied by

 6  the board for operating purposes, exclusive of debt service on

 7  bonds, shall not exceed the maximum amount authorized by law.

 8  The ad valorem tax provided for herein shall be in addition to

 9  county and all other ad valorem taxes provided for by law.

10  Such tax shall be assessed, levied, and collected in the same

11  manner and at the same time as county taxes. The levy of ad

12  valorem taxes must be approved by referendum as required by

13  Section 9 of Article VII of the State Constitution.

14         (b)  Benefit special assessments.--The board annually

15  shall determine, order, and levy the annual installment of the

16  total benefit special assessments for bonds issued and related

17  expenses to finance assessable improvements. These assessments

18  may be due and collected during each year that county taxes

19  are due and collected, in which case such annual installment

20  and levy shall be evidenced to and certified to the property

21  appraiser by the board not later than August 31 of each year.

22  Such assessment shall be entered by the property appraiser on

23  the county tax rolls and shall be collected and enforced by

24  the tax collector in the same manner and at the same time as

25  county taxes, and the proceeds thereof shall be paid to the

26  district. However, this subsection shall not prohibit the

27  district in its discretion from using the method prescribed in

28  section 197.3632 or chapter 173, Florida Statutes, for

29  collecting and enforcing these assessments. Each annual

30  installment of benefit special assessments shall be a lien on

31  the property against which assessed until paid and shall be

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  enforceable in like manner as county taxes. The amount of the

 2  assessment for the exercise of the district's powers under

 3  subsections (6) and (7) shall be determined by the board based

 4  upon a report of the district's engineer and assessed by the

 5  board upon such lands, which may be part or all of the lands

 6  within the district benefited by the improvement, apportioned

 7  between benefited lands in proportion to the benefits received

 8  by each tract of land. The board may, if it determines it is

 9  in the best interests of the district, set forth in the

10  proceedings initially levying such benefit special assessments

11  or in subsequent proceedings a formula for the determination

12  of an amount, which when paid by a taxpayer with respect to

13  any tax parcel, shall constitute a prepayment of all future

14  annual installments of such benefit special assessments and

15  that the payment of which amount with respect to such tax

16  parcel shall relieve and discharge such tax parcel of the lien

17  of such benefit special assessments and any subsequent annual

18  installment thereof. The board may provide further that upon

19  delinquency in the payment of any annual installment of

20  benefit special assessments, the prepayment amount of all

21  future annual installments of benefit special assessments as

22  determined in this paragraph shall be and become immediately

23  due and payable together with such delinquent annual

24  installment.

25         (c)  Non-ad valorem maintenance taxes.--If and when

26  authorized by general law, to maintain and preserve the

27  physical facilities and services constituting the works,

28  improvements, or infrastructure provided by the district

29  pursuant to this act; to repair and restore any one or more of

30  them, when needed; and to defray the current expenses of the

31  district, including any sum that may be required to pay state

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  and county ad valorem taxes on any lands that may have been

 2  purchased and that are held by the district under the

 3  provisions of this act, the governing board may, upon the

 4  completion of said systems, facilities, services, works,

 5  improvements, or infrastructure, in whole or in part, as may

 6  be certified to the board by the engineer of the board, levy

 7  annually a non-ad valorem and nonmillage tax upon each tract

 8  or parcel of land within the district, to be known as a

 9  "maintenance tax." This non-ad valorem maintenance tax shall

10  be apportioned upon the basis of the net assessments of

11  benefits assessed as accruing from the original construction

12  and shall be evidenced to and certified by the governing board

13  of the district not later than June 1 of each year to the

14  property appraiser of Charlotte County and shall be extended

15  by the property appraiser on the tax roll of the property

16  appraiser, as certified by the property appraiser to the tax

17  collector, and collected by the tax collector on the merged

18  collection roll of the tax collector in the same manner and at

19  the same time as county ad valorem taxes, and the proceeds

20  therefrom shall be paid to the district. This non-ad valorem

21  maintenance tax shall be a lien until paid on the property

22  against which assessed and enforceable in like manner and of

23  the same dignity as county ad valorem taxes.

24         (d)  Maintenance special assessments.--To maintain and

25  preserve the facilities and projects of the district, the

26  board may levy a maintenance special assessment. This

27  assessment may be evidenced to and certified to the property

28  appraiser by the governing board not later than August 31 of

29  each year and shall be entered by the property appraiser on

30  the county tax rolls and shall be collected and enforced by

31  the tax collector in the same manner and at the same time as

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  county taxes, and the proceeds therefrom shall be paid to the

 2  district. However, this subsection shall not prohibit the

 3  district in its discretion from using the method prescribed in

 4  section 197.363, section 197.3631, or section 197.3632,

 5  Florida Statutes, for collecting and enforcing these

 6  assessments. These maintenance special assessments shall be a

 7  lien on the property against which assessed until paid and

 8  shall be enforceable in like manner as county taxes. The

 9  amount of the maintenance special assessment for the exercise

10  of the district's powers under this section shall be

11  determined by the board based upon a report of the district's

12  engineer and assessed by the board upon such lands, which may

13  be all of the lands within the district benefited by the

14  maintenance thereof, apportioned between the benefited lands

15  in proportion to the benefits received by each tract of land.

16         (e)  Special assessments.--To levy and impose any

17  special assessments pursuant to this subsection.

18         (f)  Enforcement of taxes.--The collection and

19  enforcement of all taxes levied by the district shall be at

20  the same time and in like manner as county taxes, and the

21  provisions of general law relating to the sale of lands for

22  unpaid and delinquent county taxes; the issuance, sale, and

23  delivery of tax certificates for such unpaid and delinquent

24  county taxes; the redemption thereof; the issuance to

25  individuals of tax deeds based thereon; and all other

26  procedures in connection therewith shall be applicable to the

27  district to the same extent as if such statutory provisions

28  were expressly set forth herein. All taxes shall be subject to

29  the same discounts as county taxes.

30         (g)  When unpaid tax is delinquent; penalty.--All taxes

31  provided for in this act shall become delinquent and bear

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  penalties on the amount of such taxes in the same manner as

 2  county taxes.

 3         (h)  Status of assessments.--Benefit special

 4  assessments, maintenance special assessments, and special

 5  assessments are hereby found and determined to be non-ad

 6  valorem assessments as defined by section 197.3632, Florida

 7  Statutes. Maintenance taxes are non-ad valorem taxes and are

 8  not special assessments.

 9         (i)  Assessments constitute liens; collection.--Any and

10  all assessments, including special assessments, benefit

11  special assessments, and maintenance special assessments

12  authorized by this section, and including special assessments

13  as defined in this act and granted and authorized by this

14  subsection, and including maintenance taxes if authorized by

15  general law, shall constitute a lien on the property against

16  which assessed from the date of levy and imposition thereof

17  until paid, coequal with the lien of state, county, municipal,

18  and school board taxes. These assessments may be collected, at

19  the district's discretion, under authority of section

20  197.3631, Florida Statutes, by the tax collector pursuant to

21  the provisions of sections 197.3632 and 197.3635, Florida

22  Statutes, or in accordance with other collection measures

23  provided by law. In addition to, and not in limitation of, any

24  powers otherwise set forth herein or in general law, these

25  assessments may also be enforced pursuant to the provisions of

26  chapter 173, Florida Statutes.

27         (j)  Land owned by governmental entity.--Except as

28  otherwise provided by law, no levy of ad valorem taxes or

29  non-ad valorem assessments under this act, chapter 170, or

30  chapter 197, Florida Statutes, or otherwise, by a board of a

31  district, on property of a governmental entity that is subject

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  to a ground lease as described in section 190.003(13), Florida

 2  Statutes, shall constitute a lien or encumbrance on the

 3  underlying fee interest of such governmental entity.

 4         (13)  SPECIAL ASSESSMENTS.--

 5         (a)  As an alternative method to the levy and

 6  imposition of special assessments pursuant to chapter 170,

 7  Florida Statutes, pursuant to the authority of section

 8  197.3631, Florida Statutes, or pursuant to other provisions of

 9  general law, now or hereafter enacted, which provide a

10  supplemental means or authority to impose, levy, and collect

11  special assessments as otherwise authorized under this act,

12  the board may levy and impose special assessments to finance

13  the exercise of any of its powers permitted under this act

14  using the following uniform procedures:

15         1.  At a noticed meeting, the governing board of the

16  district may consider and review an engineer's report on the

17  costs of the systems, facilities, and services to be provided,

18  a preliminary assessment methodology, and a preliminary roll

19  based on acreage or platted lands, depending upon whether

20  platting has occurred.

21         a.  The assessment methodology shall address and

22  discuss and the board shall consider whether the systems,

23  facilities, and services being contemplated will result in

24  special benefits peculiar to the property, different in kind

25  and degree than general benefits, as a logical connection

26  between the systems, facilities, and services themselves and

27  the property, and whether the duty to pay the assessments by

28  the property owners is apportioned in a manner that is fair

29  and equitable and not in excess of the special benefit

30  received. It shall be fair and equitable to designate a fixed

31  proportion of the annual debt service, together with interest

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  thereon, on the aggregate principal amount of bonds issued to

 2  finance such systems, facilities, and services that give rise

 3  to unique, special, and peculiar benefits to property of the

 4  same or similar characteristics under the assessment

 5  methodology so long as such fixed proportion does not exceed

 6  the unique, special, and peculiar benefits enjoyed by such

 7  property from such systems, facilities, and services.

 8         b.  The engineer's cost report shall identify the

 9  nature of the proposed systems, facilities, and services,

10  their location, a cost breakdown plus a total estimated cost,

11  including cost of construction or reconstruction, labor, and

12  materials, lands, property, rights, easements, franchises, or

13  systems, facilities, and services to be acquired, cost of

14  plans and specifications, surveys of estimates of costs and

15  revenues, costs of engineering, legal, and other professional

16  consultation services, and other expenses or costs necessary

17  or incident to determining the feasibility or practicability

18  of such construction, reconstruction, or acquisition,

19  administrative expenses, relationship to the authority and

20  power of the district in its charter, and such other expenses

21  or costs as may be necessary or incident to the financing to

22  be authorized by the governing board.

23         c.  The preliminary assessment roll to be prepared will

24  be in accordance with the method of assessment provided for in

25  the assessment methodology and as may be adopted by the

26  governing board; the assessment roll shall be completed as

27  promptly as possible and shall show the acreage, lots, lands,

28  or plats assessed and the amount of the fairly and reasonably

29  apportioned assessment based on special and peculiar benefit

30  to the property, lot, parcel, or acreage of land; and, if the

31  assessment against each such lot, parcel, acreage, or portion

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  of land is to be paid in installments, the number of annual

 2  installments in which the assessment is divided shall be

 3  entered into and shown upon the assessment roll.

 4         2.  The governing board of the district may determine

 5  and declare by an initial assessment resolution to levy and

 6  assess the assessments with respect to assessable improvements

 7  stating the nature of the systems, facilities, and services,

 8  improvements, projects, or infrastructure constituting such

 9  assessable improvements, the information in the engineer's

10  cost report, the information in the assessment methodology as

11  determined by the board at the noticed meeting and referencing

12  and incorporating as part of the resolution the engineer's

13  cost report, the preliminary assessment methodology, and the

14  preliminary assessment roll as referenced exhibits to the

15  resolution by reference. If the board determines to declare

16  and levy the special assessments by the initial assessment

17  resolution, the board shall also adopt and declare a notice

18  resolution that shall provide and cause the initial assessment

19  resolution to be published once a week for a period of 2 weeks

20  in a newspaper of general circulation published in Charlotte

21  County and said board shall by the same resolution fix a time

22  and place at which the owner or owners of the property to be

23  assessed or any other persons interested therein may appear

24  before said board and be heard as to the propriety and

25  advisability of making such improvements, as to the costs

26  thereof, as to the manner of payment therefor, and as to the

27  amount thereof to be assessed against each property so

28  improved. Thirty days' notice in writing of such time and

29  place shall be given to such property owners. The notice shall

30  include the amount of the assessment and shall be served by

31  mailing a copy to each assessed property owner at his or her

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  last known address, the names and addresses of such property

 2  owners to be obtained from the record of the property

 3  appraiser of the county political subdivision in which the

 4  land is located or from such other sources as the district

 5  manager or engineer deems reliable, and proof of such mailing

 6  shall be made by the affidavit of the manager of the district

 7  or by the engineer, said proof to be filed with the district

 8  manager, provided that failure to mail said notice or notices

 9  shall not invalidate any of the proceedings hereunder. It is

10  provided further that the last publication shall be at least 1

11  week prior to the date of the hearing on the final assessment

12  resolution. Said notice shall describe the general areas to be

13  improved and advise all persons interested that the

14  description of each property to be assessed and the amount to

15  be assessed to each piece, parcel, lot, or acre of property

16  may be ascertained at the office of the manager of the

17  district. Such service by publication shall be verified by the

18  affidavit of the publisher and filed with the manager of the

19  district. Moreover, the initial assessment resolution with its

20  attached, referenced, and incorporated engineer's cost report,

21  preliminary assessment methodology, and preliminary assessment

22  roll, along with the notice resolution, shall be available for

23  public inspection at the office of the manager and the office

24  of the engineer or any other office designated by the

25  governing board in the notice resolution. Notwithstanding the

26  foregoing, the landowners of all of the property that is

27  proposed to be assessed may give the district written notice

28  of waiver of any notice and publication provided for in this

29  subparagraph and such notice and publication shall not be

30  required, provided, however, that any meeting of the governing

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  board to consider such resolution shall be a publicly noticed

 2  meeting.

 3         3.  At the time and place named in the noticed

 4  resolution as provided for in subparagraph 2., the governing

 5  board of the district shall meet and hear testimony from

 6  affected property owners as to the propriety and advisability

 7  of making the systems, facilities, services, projects, works,

 8  improvements, or infrastructure and funding them with

 9  assessments referenced in the initial assessment resolution on

10  the property. Following the testimony and questions from the

11  members of the board or any professional advisors to the

12  district of the preparers of the engineer's cost report, the

13  assessment methodology, and the assessment roll, the governing

14  board shall make a final decision on whether to levy and

15  assess the particular assessments. Thereafter, the governing

16  board shall meet as an equalizing board to hear and to

17  consider any and all complaints as to the particular

18  assessments and shall adjust and equalize the assessments on

19  the basis of justice and right.

20         4.  When so equalized and approved by resolution or

21  ordinance by the governing board, to be called the final

22  assessment resolution, a final assessment roll shall be filed

23  with the clerk of the board and such assessment shall stand

24  confirmed and remain legal, valid, and binding first liens on

25  the property against which such assessments are made until

26  paid, equal in dignity to the first liens of ad valorem

27  taxation of county and municipal governments and school

28  boards. However, upon completion of the systems, facilities,

29  service, project, improvement, works, or infrastructure, the

30  district shall credit to each of the assessments the

31  difference in the assessment as originally made, approved,

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  levied, assessed, and confirmed and the proportionate part of

 2  the actual cost of the improvement to be paid by the

 3  particular special assessments as finally determined upon the

 4  completion of the improvement; but in no event shall the final

 5  assessment exceed the amount of the special and peculiar

 6  benefits as apportioned fairly and reasonably to the property

 7  from the system, facility, or service being provided as

 8  originally assessed. Promptly after such confirmation, the

 9  assessment shall be recorded by the clerk of the district in

10  the minutes of the proceedings of the district, and the record

11  of the lien in this set of minutes shall constitute prima

12  facie evidence of its validity. The governing board, in its

13  sole discretion, may, by resolution, grant a discount equal to

14  all or a part of the payee's proportionate share of the cost

15  of the project consisting of bond financing cost, such as

16  capitalized interest, funded reserves, and bond discounts

17  included in the estimated cost of the project, upon payment in

18  full of any assessments during such period prior to the time

19  such financing costs are incurred as may be specified by the

20  governing board in such resolution.

21         5.  District assessments may be made payable in

22  installments over no more than 30 years from the date of the

23  payment of the first installment thereof and may bear interest

24  at fixed or variable rates.

25         (b)  Notwithstanding any provision of this act or of

26  chapter 170 or section 170.09, Florida Statutes, which provide

27  that assessments may be paid without interest at any time

28  within 30 days after the improvement is completed and a

29  resolution accepting the same has been adopted by the

30  governing authority, such provision shall not be applicable to

31  any district assessments, whether imposed, levied, and

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  collected pursuant to the provisions of this act or other

 2  provisions of general law, including, but not limited to,

 3  chapter 170, Florida Statutes.

 4         (c)  In addition, the district is authorized expressly

 5  in the exercise of its rulemaking power to adopt a rule or

 6  rules that provide for notice, levy, imposition, equalization,

 7  and collection of assessments.

 8         (14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON

 9  ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--

10         (a)  The board may, after any special assessments or

11  benefit special assessments for assessable improvements are

12  made, determined, and confirmed as provided in this act, issue

13  certificates of indebtedness for the amount so assessed

14  against the abutting property or property otherwise benefited,

15  as the case may be, and separate certificates shall be issued

16  against each part or parcel of land or property assessed,

17  which certificates shall state the general nature of the

18  improvement for which the assessment is made. The certificates

19  shall be payable in annual installments in accordance with the

20  installments of the special assessment for which they are

21  issued. The board may determine the interest to be borne by

22  such certificates, not to exceed the maximum rate allowed by

23  general law, and may sell such certificates at either private

24  or public sale and determine the form, manner of execution,

25  and other details of such certificates. The certificates shall

26  recite that they are payable only from the special assessments

27  levied and collected from the part or parcel of land or

28  property against which they are issued. The proceeds of such

29  certificates may be pledged for the payment of principal of

30  and interest on any revenue bonds or general obligation bonds

31  issued to finance in whole or in part such assessable

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  improvement, or, if not so pledged, may be used to pay the

 2  cost or part of the cost of such assessable improvements.

 3         (b)  The district may also issue assessment bonds,

 4  revenue bonds, or other obligations payable from a special

 5  fund into which such certificates of indebtedness referred to

 6  in the preceding subsection may be deposited or, if such

 7  certificates of indebtedness have not been issued, the

 8  district may assign to such special fund for the benefit of

 9  the holders of such assessment bonds or other obligations, or

10  to a trustee for such bondholders, the assessment liens

11  provided for in this act unless such certificates of

12  indebtedness or assessment liens have been theretofore pledged

13  for any bonds or other obligations authorized hereunder. In

14  the event of the creation of such special fund and the

15  issuance of such assessment bonds or other obligations, the

16  proceeds of such certificates of indebtedness or assessment

17  liens deposited therein shall be used only for the payment of

18  the assessment bonds or other obligations issued as provided

19  in this section. The district is authorized to covenant with

20  the holders of such assessment bonds, revenue bonds, or other

21  obligations that it will diligently and faithfully enforce and

22  collect all the special assessments, and interest and

23  penalties thereon, for which such certificates of indebtedness

24  or assessment liens have been deposited in or assigned to such

25  fund; to foreclose such assessment liens so assigned to such

26  special fund or represented by the certificates of

27  indebtedness deposited in the special fund, after such

28  assessment liens have become delinquent, and deposit the

29  proceeds derived from such foreclosure, including interest and

30  penalties, in such special fund; and to make any other

31  covenants deemed necessary or advisable in order to properly

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  secure the holders of such assessment bonds or other

 2  obligations.

 3         (c)  The assessment bonds, revenue bonds, or other

 4  obligations issued pursuant to this section shall have such

 5  dates of issue and maturity as shall be deemed advisable by

 6  the board; however, the maturities of such assessment bonds or

 7  other obligations shall not be more than 2 years after the due

 8  date of the last installment that will be payable on any of

 9  the special assessments for which such assessment liens, or

10  the certificates of indebtedness representing such assessment

11  liens, are assigned to or deposited in such special fund.

12         (d)  Such assessment bonds, revenue bonds, or other

13  obligations issued under this section shall bear such interest

14  as the board may determine, not to exceed the maximum rate

15  allowed by general law, and shall be executed, shall have such

16  provisions for redemption prior to maturity, shall be sold in

17  the manner, and shall be subject to all of the applicable

18  provisions contained in this act for revenue bonds, except as

19  the same may be inconsistent with the provisions of this

20  section.

21         (e)  All assessment bonds, revenue bonds, or other

22  obligations issued under the provisions of this section shall

23  be, shall constitute, and shall have all the qualities and

24  incidents of negotiable instruments under the law merchant and

25  the laws of the state.

26         (15)  TAX LIENS.--All taxes of the district provided

27  for in this act, except together with all penalties for

28  default in the payment of the same and all costs in collecting

29  the same, including a reasonable attorney's fee fixed by the

30  court and taxed as a cost in the action brought to enforce

31  payment, shall, from January 1 for each year the property is

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  liable to assessment and until paid, constitute a lien of

 2  equal dignity with the liens for state and county taxes and

 3  other taxes of equal dignity with state and county taxes upon

 4  all the lands against which such taxes shall be levied. A sale

 5  of any of the real property within the district for state and

 6  county or other taxes shall not operate to relieve or release

 7  the property so sold from the lien for subsequent district

 8  taxes or installments of district taxes, which lien may be

 9  enforced against such property as though no such sale thereof

10  had been made. In addition to, and not in limitation of, the

11  preceding, for purposes of section 197.552, Florida Statutes,

12  the lien of all special assessments levied by the district

13  shall constitute a lien of record held by a municipal or

14  county governmental unit. The provisions of sections 194.171,

15  197.122, 197.333, and 197.432, Florida Statutes, shall be

16  applicable to district taxes with the same force and effect as

17  if such provisions were expressly set forth in this act.

18         (16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY

19  THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--

20         (a)  The district shall have the power and right to:

21         1.  Pay any delinquent state, county, district,

22  municipal, or other tax or assessment upon lands located

23  wholly or partially within the boundaries of the district.

24         2.  Redeem or purchase any tax sales certificates

25  issued or sold on account of any state, county, district,

26  municipal, or other taxes or assessments upon lands located

27  wholly or partially within the boundaries of the district.

28         (b)  Delinquent taxes paid, or tax sales certificates

29  redeemed or purchased, by the district, together with all

30  penalties for the default in payment of the same and all costs

31  in collecting the same and a reasonable attorney's fee, shall

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  constitute a lien in favor of the district of equal dignity

 2  with the liens of state and county taxes and other taxes of

 3  equal dignity with state and county taxes upon all the real

 4  property against which the taxes were levied. The lien of the

 5  district may be foreclosed in the manner provided in this act.

 6         (c)  In any sale of land pursuant to section 197.542,

 7  Florida Statutes, the district may certify to the clerk of the

 8  circuit court of the county holding such sale the amount of

 9  taxes due to the district upon the lands sought to be sold,

10  and the district shall share in the disbursement of the sales

11  proceeds in accordance with the provisions of this act and

12  under the laws of the state.

13         (17)  FORECLOSURE OF LIENS.--Any lien in favor of the

14  district arising under this act may be foreclosed by the

15  district by foreclosure proceedings in the name of the

16  district in a court of competent jurisdiction as provided by

17  general law in a like manner as provided in chapter 173,

18  Florida Statutes, and the provisions of that chapter shall be

19  applicable to such proceedings with the same force and effect

20  as if those provisions were expressly set forth in this act.

21  Any act required or authorized to be done by or on behalf of a

22  municipality in foreclosure proceedings under chapter 173,

23  Florida Statutes, may be performed by such officer or agent of

24  the district as the governing board may designate. Such

25  foreclosure proceedings may be brought at any time after the

26  expiration of 1 year from the date any tax, or installment

27  thereof, becomes delinquent; however, no lien shall be

28  foreclosed against any political subdivision or agency of the

29  state. Other legal remedies shall remain available.

30         (18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,

31  FACILITIES, AND SERVICES.--To the full extent permitted by

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  law, the district shall require all lands, buildings,

 2  premises, persons, firms, and corporations within the district

 3  to use the water management and control facilities and water

 4  and sewer facilities of the district.

 5         (19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS;

 6  RELATED PROVISIONS REQUIRED.--

 7         (a)  No contract shall be let by the board for any

 8  goods, supplies, or materials to be purchased when the amount

 9  thereof to be paid by the district shall exceed the amount

10  provided in section 287.017, Florida Statutes, for category

11  four, unless notice of bids shall be advertised once in a

12  newspaper in general circulation in Charlotte County. Any

13  board seeking to construct or improve a public building,

14  structure, or other public works shall comply with the bidding

15  procedures of section 255.20, Florida Statutes, and other

16  applicable general law. In each case, the bid of the lowest

17  responsive and responsible bidder shall be accepted unless all

18  bids are rejected because the bids are too high or the board

19  determines it is in the best interests of the district to

20  reject all bids. The board may require the bidders to furnish

21  bond with a responsible surety to be approved by the board.

22  Nothing in this section shall prevent the board from

23  undertaking and performing the construction, operation, and

24  maintenance of any project or facility authorized by this act

25  by the employment of labor, material, and machinery.

26         (b)  The provisions of the Consultants' Competitive

27  Negotiation Act, section 287.055, Florida Statutes, apply to

28  contracts for engineering, architecture, landscape

29  architecture, or registered surveying and mapping services let

30  by the board.

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (c)  Contracts for maintenance services for any

 2  district facility or project shall be subject to competitive

 3  bidding requirements when the amount thereof to be paid by the

 4  district exceeds the amount provided in section 287.017,

 5  Florida Statutes, for category four. The district shall adopt

 6  rules, policies, or procedures establishing competitive

 7  bidding procedures for maintenance services. Contracts for

 8  other services shall not be subject to competitive bidding

 9  unless the district adopts a rule, policy, or procedure

10  applying competitive bidding procedures to said contracts.

11  Nothing herein shall preclude the use of requests for proposal

12  instead of invitations to bid as determined by the district to

13  be in its best interest.

14         (20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR

15  ADOPTION AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--

16         (a)  The district is authorized to prescribe, fix,

17  establish, and collect rates, fees, rentals, or other charges,

18  hereinafter sometimes referred to as "revenues," and to revise

19  the same from time to time, for the systems, facilities, and

20  services furnished by the district, within the limits of the

21  district, including, but not limited to, recreational

22  facilities, water management and control facilities, water,

23  sewer, and reuse systems, and solid waste collection and

24  disposal; to recover the costs of making connection with any

25  district service, facility, or system; and to provide for

26  reasonable penalties against any user or property for any such

27  rates, fees, rentals, or other charges that are delinquent.

28         (b)  No such rates, fees, rentals, or other charges for

29  any of the facilities or services of the district shall be

30  fixed until after a public hearing at which all the users of

31  the proposed facility or services or owners, tenants, or

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  occupants served or to be served thereby and all other

 2  interested persons shall have an opportunity to be heard

 3  concerning the proposed rates, fees, rentals, or other

 4  charges. Rates, fees, rentals, and other charges shall be

 5  adopted under the administrative rulemaking authority of the

 6  district, but shall not apply to district leases. Notice of

 7  such public hearing setting forth the proposed schedule or

 8  schedules of rates, fees, rentals, and other charges shall

 9  have been published in a newspaper of general circulation in

10  Charlotte County at least once and at least 10 days prior to

11  such public hearing. The rulemaking hearing may be adjourned

12  from time to time. After such hearing, such schedule or

13  schedules, either as initially proposed or as modified or

14  amended, may be finally adopted. A copy of the schedule or

15  schedules of such rates, fees, rentals, or charges as finally

16  adopted shall be kept on file in an office designated by the

17  board and shall be open at all reasonable times to public

18  inspection. The rates, fees, rentals, or charges so fixed for

19  any class of users or property served shall be extended to

20  cover any additional users or properties thereafter served

21  that shall fall in the same class, without the necessity of

22  any notice or hearing.

23         (c)  Such rates, fees, rentals, and charges shall be

24  just and equitable and uniform for users of the same class,

25  and when appropriate may be based or computed either upon the

26  amount of service furnished, upon the average number of

27  persons residing or working in or otherwise occupying the

28  premises served, or upon any other factor affecting the use of

29  the facilities furnished, or upon any combination of the

30  foregoing factors, as may be determined by the board on an

31  equitable basis.

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1         (d)  The rates, fees, rentals, or other charges

 2  prescribed shall be such as will produce revenues, together

 3  with any other assessments, taxes, revenues, or funds

 4  available or pledged for such purpose, at least sufficient to

 5  provide for the items hereinafter listed, but not necessarily

 6  in the order stated:

 7         1.  To provide for all expenses of operation and

 8  maintenance of such facility or service.

 9         2.  To pay when due all bonds and interest thereon for

10  the payment of which such revenues are, or shall have been,

11  pledged or encumbered, including reserves for such purpose.

12         3.  To provide for any other funds that may be required

13  under the resolution or resolutions authorizing the issuance

14  of bonds pursuant to this act.

15         (e)  The board shall have the power to enter into

16  contracts for the use of the projects of the district and with

17  respect to the services, systems, and facilities furnished or

18  to be furnished by the district.

19         (21)  RECOVERY OF DELINQUENT CHARGES.--In the event

20  that any rates, fees, rentals, charges, or delinquent

21  penalties shall not be paid as and when due and shall be in

22  default for 60 days or more, the unpaid balance thereof and

23  all interest accrued thereon, together with reasonable

24  attorney's fees and costs, may be recovered by the district in

25  a civil action.

26         (22)  DISCONTINUANCE OF SERVICE.--In the event the

27  fees, rentals, or other charges for water and sewer services,

28  or either of them, are not paid when due, the board shall have

29  the power, under such reasonable rules and regulations as the

30  board may adopt, to discontinue and shut off both water and

31  sewer services until such fees, rentals, or other charges,

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  including interest, penalties, and charges for the shutting

 2  off and discontinuance and the restoration of such water and

 3  sewer services or both, are fully paid; and, for such

 4  purposes, the board may enter on any lands, waters, or

 5  premises of any person, firm, corporation, or body, public or

 6  private, within the district limits. Such delinquent fees,

 7  rentals, or other charges, together with interest, penalties,

 8  and charges for the shutting off and discontinuance and the

 9  restoration of such services and facilities and reasonable

10  attorney's fees and other expenses, may be recovered by the

11  district, which may also enforce payment of such delinquent

12  fees, rentals, or other charges by any other lawful method of

13  enforcement.

14         (23)  ENFORCEMENT AND PENALTIES.--The board or any

15  aggrieved person may have recourse to such remedies in law and

16  at equity as may be necessary to ensure compliance with the

17  provisions of this act, including injunctive relief to enjoin

18  or restrain any person violating the provisions of this act or

19  any bylaws, resolutions, regulations, rules, codes, or orders

20  adopted under this act. In case any building or structure is

21  erected, constructed, reconstructed, altered, repaired,

22  converted, or maintained, or any building, structure, land, or

23  water is used, in violation of this act or of any code, order,

24  resolution, or other regulation made under authority conferred

25  by this act or under law, the board or any citizen residing in

26  the district may institute any appropriate action or

27  proceeding to prevent such unlawful erection, construction,

28  reconstruction, alteration, repair, conversion, maintenance,

29  or use; to restrain, correct, or avoid such violation; to

30  prevent the occupancy of such building, structure, land, or

31  

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  water; and to prevent any illegal act, conduct, business, or

 2  use in or about such premises, land, or water.

 3         (24)  SUITS AGAINST THE DISTRICT.--Any suit or action

 4  brought or maintained against the district for damages arising

 5  out of tort, including, without limitation, any claim arising

 6  upon account of an act causing an injury or loss of property,

 7  personal injury, or death, shall be subject to the limitations

 8  provided in section 768.28, Florida Statutes.

 9         (25)  EXEMPTION OF DISTRICT PROPERTY FROM

10  EXECUTION.--All district property shall be exempt from levy

11  and sale by virtue of an execution, and no execution or other

12  judicial process shall issue against such property, nor shall

13  any judgment against the district be a charge or lien on its

14  property or revenues; however, nothing contained herein shall

15  apply to or limit the rights of bondholders to pursue any

16  remedy for the enforcement of any lien or pledge given by the

17  district in connection with any of the bonds or obligations of

18  the district.

19         (26)  TERMINATION, CONTRACTION, OR EXPANSION OF

20  DISTRICT.--

21         (a)  The board may ask the Legislature through its

22  local legislative delegations in and for Charlotte County to

23  amend this act to contract, to expand or to contract, and to

24  expand the boundaries of the district.

25         (b)  The district shall remain in existence until:

26         1.  The district is terminated and dissolved pursuant

27  to amendment to this act by the Legislature.

28         2.  The district has become inactive pursuant to

29  section 189.4044, Florida Statutes.

30         (27)  INCLUSION OF TERRITORY.--The inclusion of any or

31  all territory of the district within a municipality does not

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  change, alter, or affect the boundary, territory, existence,

 2  or jurisdiction of the district.

 3         (28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED

 4  DISCLOSURE TO PURCHASER.--Subsequent to the creation of this

 5  district under this act, each contract for the initial sale of

 6  a parcel of real property and each contract for the initial

 7  sale of a residential unit within the district shall include,

 8  immediately prior to the space reserved in the contract for

 9  the signature of the purchaser, the following disclosure

10  statement in boldfaced and conspicuous type that is larger

11  than the type in the remaining text of the contract: "THE

12  BABCOCK RANCH COMMUNITY INDEPENDENT SPECIAL DISTRICT MAY

13  IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND

14  ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY

15  FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF

16  CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE

17  DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE

18  DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO

19  COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND

20  ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."

21         (29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30

22  days after the election of the first governing board of the

23  district, the district shall cause to be recorded in the

24  grantor-grantee index of the property records in the county in

25  which it is located a "Notice of Creation and Establishment of

26  the Babcock Ranch Community Independent Special District." The

27  notice shall, at a minimum, include the legal description of

28  the property covered by this act.

29         (30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,

30  facility, service, works, improvement, project, or other

31  infrastructure owned by the district, or funded by federal tax

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    Florida Senate - 2007        (NP)                      SB 2994
    21-1814A-07                                        See HB 1515




 1  exempt bonding issued by the district, is public; and the

 2  district by rule may regulate, and may impose reasonable

 3  charges or fees for, the use thereof but not to the extent

 4  that such regulation or imposition of such charges or fees

 5  constitutes denial of reasonable access.

 6         Section 7.  If any provision of this act is determined

 7  unconstitutional or otherwise determined invalid by a court of

 8  law, all the rest and remainder of the act shall remain in

 9  full force and effect as the law of this state.

10         Section 8.  In the election provided for in section 9,

11  each landowner present in person or by proxy shall be entitled

12  to cast one vote for each accessible acre or fraction of an

13  acre of land owned by him or her and located within the

14  district.

15         Section 9.  This section and section 8 shall take

16  effect upon this act becoming law, and the remaining sections

17  shall take effect upon approval by a majority vote of the

18  owners of land within the district who are not exempt from ad

19  valorem taxes or non-ad valorem assessments and who are

20  present in person or by proxy at a landowners' meeting to be

21  held within 90 days after the effective date of this act. Such

22  landowners' meeting shall be noticed as provided in section 5

23  for the initial landowners' meeting and may be combined with

24  such meeting. However, the provisions of this act that

25  authorize the levy of ad valorem taxation and issuance of

26  general obligation bonds shall take effect only upon express

27  approval by a majority vote of those qualified electors of the

28  Babcock Ranch Community Independent Special District voting in

29  a referendum election held at such time as all members of the

30  board are qualified electors who are elected by qualified

31  electors of the district as provided in this act.

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