Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for HB 1393
       
       
       
       
       
       
                                Ì878498pÎ878498                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       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.