Florida Senate - 2018 SENATOR AMENDMENT Bill No. CS for HB 1393 Ì878498pÎ878498 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— Senator Young moved the following: 1 Senate Amendment 2 3 Delete lines 322 - 633 4 and insert: 5 (bb) “Water Street Tampa Improvement District” means the 6 special and limited purpose independent special district unit of 7 local government created and chartered by this act, and limited 8 to the performance of those general and special powers 9 authorized by its charter under this act, the boundaries of 10 which are set forth by the act, the governing board of which is 11 created and authorized to operate with legal existence by this 12 act, and the purpose of which is as set forth in this act. 13 (cc) “Water system” means any plant, system, facility, or 14 property, and any addition, extension, or improvement thereto at 15 any future time constructed or acquired as a part thereof, 16 useful, necessary, or having the present capacity for future use 17 in connection with the development of sources, treatment, 18 purification, or distribution of water. The term includes dams, 19 reservoirs, storage tanks, mains, lines, valves, hydrants, 20 pumping stations, chilled water distribution systems, laterals, 21 and pipes for the purpose of carrying water to the premises 22 connected with such system, and all rights, easements, and 23 franchises of any nature relating to any such system and 24 necessary or convenient for the operation thereof. 25 (3) POLICY.—Based upon its findings, ascertainments, 26 determinations, intent, purpose, and definitions, the 27 Legislature states its policy expressly: 28 (a) The district and the district charter, with its general 29 and special powers, as created in this act, are essential and 30 the best alternative for the residential, commercial, office, 31 hotel, industrial, and other community uses, projects, or 32 functions in the included portion of the City of Tampa and 33 Hillsborough County consistent with the effective comprehensive 34 plan and designed to serve a lawful public purpose. 35 (b) The district, which is a special purpose local 36 government and a political subdivision, is limited to its 37 special purpose as expressed in this act, with the power to 38 provide, plan, implement, construct, maintain, and finance as a 39 local government management entity systems, facilities, 40 services, improvements, infrastructure, and projects, and 41 possessing financing powers to fund its management power over 42 the long term and with sustained levels of high quality. 43 (c) The creation of the Water Street Tampa Improvement 44 District by and pursuant to this act, and its exercise of its 45 management and related financing powers to implement its 46 limited, single, and special purpose, is not a development order 47 and does not trigger or invoke any provision within the meaning 48 of chapter 380, Florida Statutes, and all applicable 49 governmental planning, environmental, and land development laws, 50 regulations, rules, policies, and ordinances apply to all 51 development of the land within the jurisdiction of the district 52 as created by this act. 53 (d) The district shall operate and function subject to, and 54 not inconsistent with, the applicable comprehensive plan of the 55 City of Tampa and any applicable development orders (e.g. 56 detailed specific area plan development orders), zoning 57 regulations, and other land development regulations. 58 (e) The special and limited purpose Water Street Tampa 59 Improvement District does not have the power of a general- 60 purpose local government to adopt a comprehensive plan or 61 related land development regulation as those terms are defined 62 in the Community Planning Act pursuant to s. 163.3164, Florida 63 Statutes. 64 (f) This act may be amended, in whole or in part, only by 65 special act of the Legislature. 66 Section 3. Minimum charter requirements; creation and 67 establishment; jurisdiction; construction; charter.— 68 (1) Pursuant to s. 189.031(3), Florida Statutes, the 69 Legislature sets forth that the minimum requirements in 70 paragraphs (3)(a) through (o) of that section have been met in 71 the identified provisions of this act as follows: 72 (a) The purpose of the district is stated in the act in 73 subsection (4) of this section and in section 2. 74 (b) The powers, functions, and duties of the district 75 regarding ad valorem taxation, bond issuance, other revenue- 76 raising capabilities, budget preparation and approval, liens and 77 foreclosure of liens, use of tax deeds and tax certificates as 78 appropriate for non-ad valorem assessments, and contractual 79 agreements are set forth in section 6. 80 (c) The provisions for methods for establishing the 81 district are in this section. 82 (d) The methods for amending the charter of the district 83 are set forth in this section. 84 (e) The provisions for the membership and organization of 85 the governing body and the establishment of a quorum are in 86 section 5. 87 (f) The provisions regarding maximum compensation of each 88 board member are in section 5. 89 (g) The provisions regarding the administrative duties of 90 the governing body are found in sections 5 and 6. 91 (h) The provisions applicable to financial disclosure, 92 noticing, and reporting requirements generally are set forth in 93 sections 5 and 6. 94 (i) The provisions regarding procedures and requirements 95 for issuing bonds are set forth in section 6. 96 (j) The provisions regarding elections or referenda and the 97 qualifications of an elector of the district are in sections 2 98 and 5. 99 (k) The provisions regarding methods for financing the 100 district are generally in section 6. 101 (l) Other than taxes levied for the payment of bonds and 102 taxes levied for periods not longer than 2 years when authorized 103 by vote of the electors of the district, the provisions for the 104 authority to levy ad valorem tax and the authorized millage rate 105 are in section 6. 106 (m) The provisions for the method or methods of collecting 107 non-ad valorem assessments, fees, or service charges are in 108 section 6. 109 (n) The provisions for planning requirements are in this 110 section and section 6. 111 (o) The provisions for geographic boundary limitations of 112 the district are set forth in sections 4 and 6. 113 (2) The Water Street Tampa Improvement District is created 114 and incorporated as a public body corporate and politic, an 115 independent special and limited purpose local government, an 116 independent special district, under s. 189.031, Florida 117 Statutes, and as defined in this act and in s. 189.012, Florida 118 Statutes, in and for portions of Hillsborough County and the 119 City of Tampa. All notices for the enactment by the Legislature 120 of this special act have been provided pursuant to the State 121 Constitution, the Laws of Florida, and the rules of the House of 122 Representatives and the Senate. No referendum subsequent to the 123 effective date of this act is required as a condition of 124 establishing the district. Therefore, the district, as created 125 by this act, is established on the property described in this 126 act. 127 (3) The territorial boundary of the district shall embrace 128 and include all of that certain real property described in 129 section 4. 130 (4) The jurisdiction of the district, in the exercise of 131 its general and special powers, and in the carrying out of its 132 special and limited purposes, is both within the external 133 boundaries of the legal description of this district and 134 extraterritorial when limited to, and as authorized expressly 135 elsewhere in, the charter of the district as created in this act 136 or applicable general law. This special and limited purpose 137 district is created as a public body corporate and politic, and 138 local government authority and power is limited by its charter, 139 this act, and subject to the provisions of other general laws, 140 including chapter 189, Florida Statutes, except that an 141 inconsistent provision in this act shall control and the 142 district has jurisdiction to perform such acts and exercise such 143 authorities, functions, and powers as shall be necessary, 144 convenient, incidental, proper, or reasonable for the 145 implementation of its special and limited purpose regarding the 146 sound planning, provision, acquisition, development, operation, 147 maintenance, and related financing of those public systems, 148 facilities, services, improvements, projects, and infrastructure 149 works as authorized herein, including those necessary and 150 incidental thereto. 151 (5) The exclusive charter of the Water Street Tampa 152 Improvement District is this act and, except as otherwise 153 provided in subsection (2), may be amended only by special act 154 of the Legislature. 155 Section 4. Legal description of the Water Street Tampa 156 Improvement District.—The metes and bounds legal description of 157 the district, within which there are no parcels of property 158 owned by those who do not wish their property to be included 159 within the district, is as follows: 160 161 That part of Section 24, Township 29 South, Range 18 162 East, and Section 19, Township 29 South, Range 19 163 East, all lying within the City of Tampa, Hillsborough 164 County, Florida, lying within the following described 165 boundaries to wit: 166 167 Begin at the intersection of the Centerline of Morgan 168 Street and the Centerline of Garrison Avenue as shown 169 on HENDRY & KNIGHT’S MAP OF THE GARRISON, per map or 170 plat thereof as recorded in Plat Book 2, page 73, of 171 the Public Records of Hillsborough County, Florida; 172 run thence Easterly, along the centerline of said 173 Garrison Avenue, (the same being an un-named street 174 shown on REVISED MAP OF BELL’S ADDITION TO TAMPA per 175 map or plat thereof as recorded in Plat Book 1, page 176 96 of the Public Records of Hillsborough County, 177 Florida), to the Southerly projection of the Easterly 178 boundary of the Tampa South Crosstown Expressway; run 179 thence Northerly and Northeasterly, along said 180 Easterly boundary as established by Official Record 181 Book 3530, page 157, City of Tampa Ordinance 97-240, 182 Official Record Book 3510, page 1148, Official Record 183 Book 3509, page 108, City of Tampa Ordinance 2001-128, 184 and Official Record Book 3826, page 184, of the Public 185 Records of Hillsborough County, Florida, to the 186 Northern-most corner of said Official Record Book 187 3826, page 184, said point lying on the West boundary 188 of Nebraska Avenue as shown on aforementioned REVISED 189 MAP OF BELL’S ADDITION TO TAMPA; run thence Easterly 190 to the Centerline of said Nebraska avenue, the same 191 being shown as Governor Avenue on MAP OF FINLEY AND 192 CAESAR SUBDIVISION per map or plat thereof as recorded 193 in Plat Book 1, page 84, of the Public Records of 194 Hillsborough County, Florida; run thence Northerly to 195 the Centerline of Finley Street as shown on said MAP 196 OF FINLEY AND CAESAR SUBDIVISION; run thence East to 197 the West boundary of Tangent Avenue (being shown as on 198 un-named Avenue on said MAP OF FINLEY AND CAESAR 199 SUBDIVISION; run thence Southerly, along said West 200 boundary, to the Southeast corner of Lot 13, Block 15 201 of said Subdivision; run thence Southerly to the 202 Northeast corner of Lot 6, Block 1 of A.W. GILCHRIST’S 203 OAK GROVE ADDITION TO TAMPA per map or plat thereof as 204 recorded in Plat Book 2, page 31, of the Public 205 Records of Hillsborough County, Florida); run thence 206 South, along the East boundary of Lots 6 and 16, Block 207 1, Lots 6 and 16, Block 4, and Lot 6, Block 5, and the 208 projections thereof to the Easterly projection of the 209 Centerline of Carew Avenue (also formerly known as 210 Platt Street), as shown on CHAMBERLINS SUBDIVISION per 211 map or plat thereof as recorded in Plat Book 1, page 212 104, of the Public Records of Hillsborough County, 213 Florida; (the same being shown on HENDRY & KNIGHT’S 214 MAP OF CHAMBERLAINS per map or plat thereof as 215 recorded in Plat Book 5, page 10, of the Public 216 Records of Hillsborough County, Florida); thence 217 Easterly along said Centerline projection, to the 218 Northeasterly projection of the Easterly boundary of 219 Water Lot 70 of aforementioned HENDRY & KNIGHT’S MAP 220 OF CHAMBERLAINS; run thence Southwesterly along said 221 projection, Easterly boundary, and its Southwesterly 222 projection, to the Centerline of Garrison Channel per 223 the Tampa Port Authority Bulkhead Lines as established 224 by Hillsborough County Port Authority on September 15, 225 1960, December 5, 1961, and April 5, 1963, and filed 226 for record in Plat Book 42, page 37, of the Public 227 Records of Hillsborough County, Florida; run thence 228 Southwesterly along said Centerline to the Southerly 229 projection of the Centerline of Franklin Street as 230 shown on aforementioned HENDRY & KNIGHT’S MAP OF THE 231 GARRISON; run thence Northwesterly along said 232 projection, and said Centerline, to the centerline of 233 Water Street as shown on said HENDRY & KNIGHT’S MAP OF 234 THE GARRISON; run thence Northeasterly along said 235 Centerline to the Centerline of Florida Avenue as 236 shown on said HENDRY & KNIGHT’S MAP OF THE GARRISON; 237 run thence Northwesterly along said Centerline to the 238 Centerline of Carew Avenue as shown on said HENDRY & 239 KNIGHT’S MAP OF THE GARRISON; run thence Northeasterly 240 along said Centerline to the Centerline of Morgan 241 Street as shown on said HENDRY & KNIGHT’S MAP OF THE 242 GARRISON; run thence Northwesterly along said 243 Centerline to a point of intersection with the 244 Southeasterly projection of the Southwesterly boundary 245 of those lands described in Official Record Book 3166, 246 page 225 of the Public Records of Hillsborough County, 247 Florida; run thence along said projection and said 248 Southwesterly boundary, to the Northwest corner of 249 said lands; run thence along the Northerly boundary of 250 said lands, and its Northeasterly projection, to the 251 Centerline of aforementioned Morgan Street; run thence 252 Northwesterly along said Centerline to the Centerline 253 of Hampton Avenue (now known as Brorein Street) as 254 shown on said HENDRY & KNIGHT’S MAP OF THE GARRISON; 255 run thence Southwesterly along said Centerline to the 256 Southerly projection of the Easterly boundary of those 257 lands described in Official Record Book 22204, page 258 1038 of the Public Records of Hillsborough County, 259 Florida; run thence Northwesterly along said 260 projection and said Easterly Boundary, to the 261 Northeast corner of said lands; run thence 262 Southwesterly along the Northerly boundary of said 263 lands, and its Westerly projection, to the Centerline 264 of Florida Avenue as shown on said HENDRY & KNIGHT’S 265 MAP OF THE GARRISON; run thence Northwesterly along 266 said Centerline to the Westerly projection of the 267 Southerly boundary of those lands shown on map of 268 survey prepared by Curtis G. Humphreys (Sullivan, 269 Humphreys & Sullivan), dated November 13, 1958 (Order 270 No. C2592), said map being on file with the City Tampa 271 Survey Deportment, said boundary, being the some line 272 as the North boundary of those lands described in 273 Official Record Book 3565, page 1895, and Official 274 Record Book 4041, page 1405, of the Public Records of 275 Hillsborough County, Florida; run thence 276 Northeasterly, along said boundary and its Easterly 277 projection, to the Centerline of Morgan Street as 278 shown on aforementioned REVISED MAP OF BELL’S ADDITION 279 TO TAMPA; run thence Southeasterly along said 280 Centerline to the centerline of aforementioned 281 Garrison Avenue; run thence East, 2.0 feet, more or 282 less, to the Point of Beginning. 283 284 LESS AND EXCEPT THEREFROM: 285 Block 99 of HENDRY & KNIGHT’S MAP OF THE GARRISON, per 286 map or plat thereof as recorded in Plat Book 2, page 287 73, of the Public Records of Hillsborough County, 288 Florida, less that portion thereof conveyed to Tampa 289 Hillsborough County Expressway Authority by deed 290 recorded in Official Record Book 3036, page 1173, of 291 the Public Records of Hillsborough County, Florida. 292 293 ALSO LESS AND EXCEPT THEREFROM: 294 Lots 6, 8, and 10 through 15, inclusive, of Block 11, 295 MAP OF FINLEY AND CAESAR SUBDIVISION per map or plat 296 thereof as recorded in Plat Book 1, page 84, of the 297 Public Records of Hillsborough County, Florida, 298 together with those portions of Finley Street and 299 vacated alleys abutting thereon. 300 301 Notwithstanding anything herein to the contrary, the boundary of 302 the district shall not include any residential unit subjected to 303 condominium ownership, as created by recording a condominium 304 declaration in the public records of Hillsborough County.