| 1 | A bill to be entitled |
| 2 | An act relating to the Ave Maria Stewardship Community |
| 3 | District, Collier County; providing a popular name; |
| 4 | creating the Ave Maria Stewardship Community District; |
| 5 | providing for findings, determinations, ascertainments, |
| 6 | intent, purpose, definitions, and policy; creating the |
| 7 | charter of the District; providing for authority and |
| 8 | jurisdiction; creating the District as a special, limited, |
| 9 | and single-purpose independent district, an independent |
| 10 | local government and corporate body politic, to provide |
| 11 | community development infrastructure to the Ave Maria |
| 12 | community development in that certain portion of the |
| 13 | unincorporated area of the Collier County political |
| 14 | subdivision within and subject to the Growth Management |
| 15 | Plan and the Rural Lands Stewardship Area Zoning Overlay |
| 16 | District in Eastern Collier County; prescribing and fixing |
| 17 | the boundaries of the District; providing for election of |
| 18 | a Board of Supervisors and terms of office and powers and |
| 19 | duties thereof; requiring certain financial reports; |
| 20 | providing for disclosure of public financing information; |
| 21 | authorizing and providing for the levy and collection of |
| 22 | taxes; authorizing special powers relating to water |
| 23 | management and control, roads and bridges, and other |
| 24 | public facilities; providing for the issuance of bonds and |
| 25 | short-term borrowing; providing procedures for competitive |
| 26 | procurement of goods, supplies, and materials; providing |
| 27 | for enforcement of provisions of the Act and providing |
| 28 | penalties for violation thereof; providing for the |
| 29 | applicability of provisions of chapter 189, Florida |
| 30 | Statutes, and other general laws; providing for |
| 31 | severability; providing an effective date. |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. Popular name.--This Act may be known by the |
| 36 | popular name the "Ave Maria Stewardship Community District Act." |
| 37 | Section 2. Preamble.--Legislative findings, |
| 38 | ascertainments, determinations, intent, purpose, definitions, |
| 39 | and policy.-- |
| 40 | (1) Legislative findings.-- |
| 41 | (a) The eastern area of unincorporated Collier County is |
| 42 | unique and special with natural resources that need protection |
| 43 | and with the need to retain a viable agricultural system while |
| 44 | protecting private property rights and promoting a sound |
| 45 | economy. |
| 46 | (b) Collier County, with the approval of the Governor and |
| 47 | members of the Cabinet, sitting as the Florida Land and Water |
| 48 | Adjudicatory Commission, established a designated Rural Lands |
| 49 | Stewardship Area Zoning Overlay District in order to implement |
| 50 | an innovative, specialized, and incentive-based Collier County |
| 51 | Rural Lands Stewardship Area Overlay as part of the Collier |
| 52 | County Growth Management Plan. |
| 53 | (c) In implementing both protection of natural resources |
| 54 | and retention of viable agriculture, the Rural Lands Stewardship |
| 55 | Area District Overlay promotes compact rural mixed-used |
| 56 | development as an alternative to low-density single use |
| 57 | development and establishes a system of generating Stewardship |
| 58 | Credits in a designated Stewardship Sending Area and |
| 59 | transferring them to a designated Stewardship Receiving Area |
| 60 | within which new town communities may be created and developed |
| 61 | with a full range of housing types and a full mix of uses with |
| 62 | urban level services and infrastructure which support |
| 63 | specialized development that is compact, mixed-use, human-scale, |
| 64 | and balances land uses to reduce automobile trips and to |
| 65 | increase livability. |
| 66 | (d) This comprehensive system anticipates new land uses to |
| 67 | include unincorporated new town community development and the |
| 68 | related highly specialized provision of basic infrastructure |
| 69 | systems, facilities, and services. |
| 70 | (e) Barron Collier Company has made available |
| 71 | approximately 905 acres to the Ave Maria University Foundation |
| 72 | for the institution and operation of a private university known |
| 73 | as Ave Maria University with a full slate of undergraduate, |
| 74 | graduate, and professional programs with related cultural, |
| 75 | recreational, and other activities, benefits, and programs for |
| 76 | providing teaching, research, and public service to southwest |
| 77 | Florida, the State of Florida, and the nation. |
| 78 | (f) The initial landowners also own, immediately and |
| 79 | adjacent to and surrounding the Ave Maria University, lands upon |
| 80 | which they are building a university-oriented new town community |
| 81 | consistent with the Collier County Growth Management Plan and |
| 82 | Land Development Code. |
| 83 | (g) Within and subject to this the Growth Management Plan |
| 84 | and Land Development Code and its Rural and Stewardship Area |
| 85 | Zoning Overlay District within a designated Stewardship |
| 86 | Receiving Area, the new town community surrounding the private |
| 87 | university requires appropriate compact, balanced, and rural |
| 88 | mixed-use development at a human scale with the required |
| 89 | innovative balance of such importance to the Stewardship Overlay |
| 90 | Area. |
| 91 | (h) In particular: |
| 92 | 1. Creating a university new town community in the |
| 93 | Stewardship Overlay Area of Eastern Collier County requires a |
| 94 | critical coinciding of existing and future land use with |
| 95 | provision of capital facilities and related systems and |
| 96 | services, based upon timely, flexible, and specialized |
| 97 | management of critical factors and sequential events, balancing |
| 98 | between the interests of private enterprise, agriculture, |
| 99 | private citizens, taxpayers, consumers, the environment, the |
| 100 | economy, the initial landowners, and all applicable levels of |
| 101 | government. |
| 102 | 2. As evidenced by the Stewardship Overlay Program, all |
| 103 | the applicable public and private persons and entities have |
| 104 | invested and expended substantial time and moneys to generate |
| 105 | both the Stewardship Overlay Area portions of the Growth |
| 106 | Management Plan and the existing and future consistent specific |
| 107 | regulatory and comprehensive planning entitlements and |
| 108 | consistent land development regulations for the identification, |
| 109 | preparation, and development of a new town community. |
| 110 | 3. Creating such a new town community around the |
| 111 | university and using a single special purpose independent |
| 112 | district constitute innovative planning and flexible development |
| 113 | strategies pursuant to section 163.3177(11), Florida Statutes, |
| 114 | as amended from time to time, and Rule 9J-5.006(5)(l), Florida |
| 115 | Administrative Code, as amended from time to time, to minimize |
| 116 | the conversion of rural and agricultural lands to other uses to |
| 117 | discourage urban sprawl and to protect environmentally sensitive |
| 118 | areas, while maintaining the economic viability of agricultural |
| 119 | and other predominately rural land uses and providing for the |
| 120 | cost-efficient delivery of public facilities and services as |
| 121 | provided expressly in the Rural Lands Stewardship Area Land |
| 122 | Development Regulations, section 2.2.27.10.C. |
| 123 | (i) There is in particular a special need to use a |
| 124 | specialized and limited single-purpose independent special |
| 125 | district unit of local government for the Ave Maria Community: |
| 126 | 1. To prevent urban sprawl by providing, sustaining, and |
| 127 | supporting freestanding infrastructure and by preventing |
| 128 | needless and counterproductive community development when the |
| 129 | existing urban area is not yet developed. |
| 130 | 2. To prevent the needless duplication, fragmentation, and |
| 131 | proliferation of local government services in a proposed land |
| 132 | use area. |
| 133 | (j) Management of conservation, environmental, |
| 134 | agricultural, and economic challenges and opportunities in this |
| 135 | area of Eastern Collier County transcends the boundaries and |
| 136 | responsibilities of both private landowners and individual units |
| 137 | of government so that no one single public or private entity or |
| 138 | person can plan or implement policies to deal with the many |
| 139 | issues which attend the provision of basis systems, facilities, |
| 140 | and services to the area to be managed in Eastern Collier County |
| 141 | in order to provide for both a new university and a new town |
| 142 | academic community in the Stewardship area. |
| 143 | (k) It is the expressed set of findings of the Legislature |
| 144 | further that: |
| 145 | 1. There is a considerably long period of time during |
| 146 | which there is an inordinate burden on the initial landowners of |
| 147 | both the land area for the private Ave Maria University and its |
| 148 | surrounding new town university community because of the |
| 149 | innovative, special, and unique requirements in the Growth |
| 150 | Management Plan for the Stewardship Receiving Area that deal |
| 151 | specifically with flexible management and related sequencing, |
| 152 | timing, and financing of the various systems, facilities, and |
| 153 | services to be provided to the new town community and that take |
| 154 | into consideration absorption rates, commercial viability, and |
| 155 | related factors. |
| 156 | 2. Even as the community matures, there is a continuing |
| 157 | need for landowners, both initial and subsequent, to bear |
| 158 | burdens that remain relatively inordinate in order to preserve |
| 159 | such benefits for Eastern Collier County as the unique |
| 160 | environmental and economic purpose of the new town community in |
| 161 | this Stewardship Receiving Area. |
| 162 | 3. Longer involvement of the initial landowner with regard |
| 163 | to the provision of basic systems, facilities, and services in |
| 164 | the Rural Lands Stewardship Overlay, coupled with a severely |
| 165 | limited and highly specialized single purpose of the District, |
| 166 | is in the public interest. |
| 167 | 4. Any public or private system to provide basic |
| 168 | infrastructure improvements, systems, facilities, and services |
| 169 | to this new Ave Maria community in the Stewardship Overlay Area |
| 170 | of Eastern Collier County must be focused on an unfettered, |
| 171 | highly specialized, innovative, responsive, and accountable |
| 172 | mechanism to provide the components of infrastructure at |
| 173 | sustained levels of high quality over the long term only when |
| 174 | and as needed for such a unique community in such a unique area. |
| 175 | 5. There is a critical need to maintain such provision of |
| 176 | such systems, facilities, and services to the Ave Maria |
| 177 | community because of the unique location and attributes of the |
| 178 | Stewardship Overlay Area, coupled with the unique purpose and |
| 179 | location of this new academic community, subject to, and not |
| 180 | inconsistent with, the state, regional, and local requirements |
| 181 | which attend implementation of the state plan, the Stewardship |
| 182 | Overlay for the Stewardship Receiving Area, and the Collier |
| 183 | County Growth Management Plan. |
| 184 | 6. This need is met by coinciding the use and special |
| 185 | attributes of various public and private alternatives for the |
| 186 | provision of infrastructure to such a community development, |
| 187 | including: |
| 188 | a. The public policy and related implementing zoning, |
| 189 | permitting, and planning expertise, interests, and capabilities |
| 190 | of state and regional government and of the Collier County |
| 191 | general purpose local government; |
| 192 | b. The flexible, limited, focused, and locally accountable |
| 193 | management and related financing capabilities of independent |
| 194 | special purpose local government; and |
| 195 | c. The innovative development and marketing private sector |
| 196 | expertise of the initial landowners, developers, and other |
| 197 | components of private enterprise; |
| 198 | 7. The specialized financing and revenue procedures for |
| 199 | the levy and imposition of first-lien assessments, by a variety |
| 200 | of names, must be disclosed, followed, noticed, fair, |
| 201 | nonarbitrary, informed, reasonable, and accountable and that |
| 202 | they must be set forth dispositively. |
| 203 | (l) That the existence and use of such a limited |
| 204 | specialized single purpose local government for the Ave Maria |
| 205 | community, subject both to the Rural Lands Stewardship Overlay |
| 206 | Area District and to the Collier County Growth Management Plan, |
| 207 | will result in a high propensity: |
| 208 | 1. To prevent urban sprawl, protect and to preserve |
| 209 | environmental, conservation, and agricultural uses and assets |
| 210 | and to enhance the high quality use of the applicable |
| 211 | Stewardship Receiving Area. |
| 212 | 2. To enhance the market value for both present and future |
| 213 | landowners of the property consistent with the need to protect |
| 214 | private property rights in the Stewardship Overlay. |
| 215 | 3. To enhance the net economic benefit to the Collier |
| 216 | County area, including an enhanced and well maintained tax base |
| 217 | to the benefit of all present and future taxpayers in Collier |
| 218 | County. |
| 219 | 4. To share the costs for providing such basic systems, |
| 220 | facilities and services in an innovative, sequential, and |
| 221 | flexible manner within the Ave Maria new town community to be |
| 222 | serviced by the Stewardship Community District. |
| 223 | (2) Ascertainments.--Based upon these findings, the |
| 224 | Legislature has learned and ascertains: |
| 225 | (a) There are two public government alternatives and one |
| 226 | private alternative available to plan, construct, maintain, and |
| 227 | finance the provision of systems, facilities, and services in |
| 228 | and subject to the Stewardship Overlay: |
| 229 | 1. One of the public or governmental alternatives is by |
| 230 | the Board of County Commissioners within the Collier County |
| 231 | political subdivision which can provide certain basic systems, |
| 232 | facilities, and services directly, or with management by its |
| 233 | staff with financing through either a municipal service taxing |
| 234 | unit for ad valorem taxes or municipal service benefit for |
| 235 | assessments, or indirectly, by nonemergency ordinance use of a |
| 236 | dependent district. |
| 237 | 2. The second public alternative is use of an independent |
| 238 | special district. |
| 239 | 3. The private alternative is the private landowner, a |
| 240 | private homeowners' association, a private utility, a private |
| 241 | business corporation or partnership, or a combination of these |
| 242 | various private alternatives. |
| 243 | (b) Planning, permitting, and creating the Ave Maria |
| 244 | University new town community and using the independent |
| 245 | specialized single purpose Ave Maria Stewardship Community |
| 246 | District created by this Act are consistent with and implement |
| 247 | both the Collier County Growth Management Plan and Land |
| 248 | Development Code and also the following long-standing and |
| 249 | expressed policies of the state: |
| 250 | 1. To allow the creation of independent special taxing |
| 251 | districts which have uniform general law standards and |
| 252 | procedures and which do not overburden other local governments |
| 253 | and their taxpayers while preventing the proliferation of |
| 254 | independent special taxing districts which do not meet the |
| 255 | standards set forth in section 187.201(20)(b)2., Florida |
| 256 | Statutes. |
| 257 | 2. To encourage the development of local water supplies, |
| 258 | pursuant to section 187.201(7)(b)3., Florida Statutes. |
| 259 | 3. To recognize the existence of legitimate and often |
| 260 | competing public and private interests and land use regulations |
| 261 | and other government action, pursuant to section 187.201(14)(a), |
| 262 | Florida Statutes, as provided for expressly in the Stewardship |
| 263 | Overlay Program. |
| 264 | 4. Consistent with the Stewardship Overlay Program, to |
| 265 | recognize the importance of preserving natural resources and |
| 266 | enhancing quality of life by development in those areas where |
| 267 | land and water resources, fiscal abilities, and service capacity |
| 268 | can accommodate the land use and growth in a manner that is |
| 269 | environmentally acceptable, pursuant to section 187.201(15)(a), |
| 270 | Florida Statutes. |
| 271 | 5. To allocate costs of new public facilities on the basis |
| 272 | of benefits received by existing and future residents while |
| 273 | planning for the management and financing of new facilities to |
| 274 | serve residents in a timely, orderly, and efficient manner, |
| 275 | pursuant to section 187.201(17)(a) and (b)3., Florida Statutes. |
| 276 | 6. To encourage local government financial self- |
| 277 | sufficiency in providing public facilities and in identifying |
| 278 | and implementing physically sound, innovative, and cost- |
| 279 | effective techniques to provide and finance public facilities |
| 280 | while encouraging development, use, and coordination of capital |
| 281 | improvement plans by all levels of government, pursuant to |
| 282 | section (17)(b)5., 6., and 7., Florida Statutes, and as provided |
| 283 | in the Stewardship Overlay Program. |
| 284 | 7. To increase access to, and to promote and provide |
| 285 | access for, cultural, historical and educational resources and |
| 286 | opportunities, pursuant to section 187.201(18)(a) and (b)1., |
| 287 | Florida Statutes. |
| 288 | 8. To enhance and diversify the economy of the Collier |
| 289 | County area by promoting partnerships among education, business, |
| 290 | industry, agriculture, and the arts, provide opportunities for |
| 291 | training skilled employees for new and expanding businesses, and |
| 292 | promote self-sufficiency through training and educational |
| 293 | programs that result in productive employment pursuant to |
| 294 | section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes. |
| 295 | 9. To encourage and to enhance cooperation among |
| 296 | communities that have unique assets, irrespective of political |
| 297 | boundaries, to bring the private and public sectors together for |
| 298 | establishing an orderly, environmentally, and economically sound |
| 299 | plan for current and future needs and growth, pursuant to |
| 300 | section 187.201(b)8., Florida Statutes. |
| 301 | 10. To create independent special districts by or pursuant |
| 302 | to general law to ensure long-term management and related |
| 303 | financing, to meet the need in Florida for timely, efficient, |
| 304 | effective, responsive, innovative, accountable, focused, and |
| 305 | economical ways to deliver basic services to new communities to |
| 306 | solve the state's planning, management, and financing needs for |
| 307 | delivery of capital infrastructure in order in turn to provide |
| 308 | for projected growth only and to do so without overburdening |
| 309 | other governments and their taxpayers, pursuant to section |
| 310 | 189.402, Florida Statutes, so that providing to the Ave Maria |
| 311 | community basic systems, facilities, and services by independent |
| 312 | special districts remains pursuant to uniform general law and |
| 313 | section 189.402(3)(a) and (c), Florida Statutes. |
| 314 | 11. To ensure that those independent districts and the |
| 315 | exercise of their powers are consistent and comply with |
| 316 | applicable due process, disclosure, accountability, ethics, and |
| 317 | government-in-the-sunshine requirements of law, both to the |
| 318 | independent districts and to their elected and appointed |
| 319 | officials, pursuant to section 189.402(3)(b), Florida Statutes, |
| 320 | because independent special districts are a legitimate |
| 321 | alternative method available for use by both the public and |
| 322 | private sectors to manage, own, operate, construct, and finance |
| 323 | basic capital infrastructure systems, facilities, and services, |
| 324 | pursuant to section 189.402(4)(a), Florida Statutes. |
| 325 | 12. To ensure that an independent special district is |
| 326 | created to serve a special purpose to cooperate and to |
| 327 | coordinate its activities with the applicable general purpose |
| 328 | local government because aspects of growth and development |
| 329 | transcend boundaries and responsibilities of individual units of |
| 330 | government so that no single unit of government can plan or |
| 331 | implement policies to deal with these issues unilaterally as |
| 332 | effectively, pursuant to section 189.402(7) and (8), Florida |
| 333 | Statutes. |
| 334 | (c) Construction and operation of the Ave Maria |
| 335 | University, the development of the new town university |
| 336 | community, and the use of the special and single purpose |
| 337 | independent district are not inconsistent with the Collier |
| 338 | County Comprehensive Plan and the requirements of the |
| 339 | Stewardship Overlay and implement both. |
| 340 | (d) This land area for the private university and its new |
| 341 | town community requires an independent, special, and single |
| 342 | purpose local government, in the form of an independent special |
| 343 | district as defined in section 189.403(3), Florida Statutes, |
| 344 | subject to all substantive and procedural limitations under |
| 345 | Florida law, including this Act, in order to constitute the |
| 346 | highly specialized alternative and viable growth management |
| 347 | mechanism appropriate for this unique Stewardship Overlay |
| 348 | available to both the private and public sectors. |
| 349 | (e) Such a District requires timely, flexible, limited, |
| 350 | and specialized management and related financing capabilities |
| 351 | under its uniform state charter, created by this Act pursuant to |
| 352 | general law, in order to produce those flexible, innovative, and |
| 353 | highly specialized benefits to the new town university community |
| 354 | property in the Stewardship Receiving Area and to the |
| 355 | Stewardship Overlay in Eastern Collier County. |
| 356 | (f) Such a District must have management capabilities to |
| 357 | provide pinpointed, focused, accountable, responsive, limited, |
| 358 | specialized, and low-overhead-based capability, authority, and |
| 359 | power to provide basic systems, facilities, and services to the |
| 360 | new university community development with economies of scale but |
| 361 | at sustained high levels of quality over the long term. |
| 362 | (g) In order to be responsive to the critical timing |
| 363 | required through the exercise of its special management |
| 364 | functions, an independent district requires financing of those |
| 365 | functions, including bondable lienable and non-lienable revenue, |
| 366 | with full and continuing public disclosure and accountability, |
| 367 | funded by landowners, both present and future, and funded also |
| 368 | by users of the systems, facilities, and services provided to |
| 369 | the land area by the District, without burdening the taxpayers |
| 370 | and citizens of the state, of Collier County, or any |
| 371 | municipality in Collier County. |
| 372 | (h) The provision of services by this independent district |
| 373 | must implement, be subject to, and function not inconsistent |
| 374 | with, any applicable provisions of the Stewardship Overlay Area |
| 375 | and related permitting and planning requirements of Collier |
| 376 | County and of the Collier County Comprehensive Plan and Land |
| 377 | Development Code. |
| 378 | (i) The creation, existence, and operation of the Ave |
| 379 | Maria Stewardship Community District, as limited and specialized |
| 380 | to its single narrow purpose, will also: |
| 381 | 1. Constitute a public mechanism to translate the anti- |
| 382 | urban-sprawl requirements of the Stewardship Overlay into |
| 383 | reality; |
| 384 | 2. Constitute a disincentive for premature or |
| 385 | inappropriate municipal incorporation consistent with state law. |
| 386 | 3. Provide a mechanism for full and continuing disclosure |
| 387 | of how basic systems, facilities, and services are both managed |
| 388 | and financed, including full and continuing disclosure to both |
| 389 | prospective purchasers and all residents of public financing |
| 390 | related to any burdens of land ownership and any related burdens |
| 391 | on existing or future residents. |
| 392 | 4. Implement Rural Land Stewardship Area Zoning Overlay |
| 393 | District Regulation, section 2.2.27.10.L.4. because such an |
| 394 | independent single purpose special district is encouraged in the |
| 395 | Stewardship Receiving Area where the new town community and |
| 396 | university are located. |
| 397 | (j) The Ave Maria Stewardship Community District is also a |
| 398 | mechanism to implement the Collier County Concurrency Management |
| 399 | System designed to coincide with, and to implement, both the |
| 400 | Collier County future land use element and the capital |
| 401 | improvements element for basic systems, facilities, and services |
| 402 | consistent with the best interests of the Ave Maria community in |
| 403 | the Stewardship Overlay. |
| 404 | (k) By serving its single specialized purpose, the |
| 405 | District will not result in needless proliferation, duplication, |
| 406 | and fragmentation of local government systems, facilities, and |
| 407 | services in this area of Eastern Collier County. |
| 408 | (l) Subject to its substantive and procedural limitations, |
| 409 | the Ave Maria Stewardship Community District will assist |
| 410 | directly in public and combined public and private planning and |
| 411 | coordination in order to achieve innovative solutions to the |
| 412 | needs and requirements in this unique academic new town |
| 413 | community located in this Stewardship Overlay Area of Eastern |
| 414 | Collier County. |
| 415 | (m) Management of the timing and phasing of critical |
| 416 | sequential events, coordinated by the initial private landowner, |
| 417 | the private university, and the Board of County Commissioners of |
| 418 | Collier County is of fundamental importance and is the basis of |
| 419 | the inordinate burden on the initial landowner developer and on |
| 420 | the private university to enhance the Stewardship Overlay and to |
| 421 | implement its requirements. |
| 422 | (n) The critical single purpose of the Ave Maria |
| 423 | Stewardship Community District to provide basic infrastructure |
| 424 | systems, facilities, services, works, and improvements to the |
| 425 | private Ave Maria university new town community is in the public |
| 426 | interest because it: |
| 427 | 1. Does not pass on taxes or profits to purchasers of |
| 428 | property or to landowners and residents within their |
| 429 | jurisdictions; |
| 430 | 2. Decreases the tendency toward short-term planning, |
| 431 | construction, and management considerations because the |
| 432 | elections for members of the government board are staggered; |
| 433 | 3. Is not influenced, guided, or limited by quarterly and |
| 434 | annual profit statements; |
| 435 | 4. Does not have police or regulatory powers; |
| 436 | 5. Does not have larger general purpose overhead |
| 437 | responsibilities; |
| 438 | 6. Is not subject to legitimate but countervailing fiscal, |
| 439 | economic, policy, and political considerations to which large |
| 440 | general-purpose local governments and large landowners and |
| 441 | developers would be subject in the natural course of events. |
| 442 | 7. Does not constitute needless duplication, |
| 443 | proliferation, or fragmentation of local government systems, |
| 444 | facilities, and services in Collier County; |
| 445 | 8. Shall operate and function subject to and not |
| 446 | inconsistent with the county comprehensive plan and not |
| 447 | inconsistent with, but rather shall enhance the purpose and |
| 448 | requirements of, the Rural Lands Stewardship Overlay with the |
| 449 | least overhead cost and the highest amount of public disclosure, |
| 450 | accountability, responsiveness, and productivity. |
| 451 | 9. Coincides its functions with the authority and best |
| 452 | interests of general purpose local government, the private |
| 453 | university, the private landowners, both present and future, the |
| 454 | taxpayers, the future residents, and the state in the provision |
| 455 | of needed infrastructure to the community at sustained levels of |
| 456 | quality over the long term. |
| 457 | 10. Provides highly accountable innovative systems, |
| 458 | facilities, and services close to the land and close to the |
| 459 | people to constitute expressly the stewardship of the lands of |
| 460 | the new community within and subject to the Stewardship Overlay |
| 461 | Area in Eastern Collier County and within its jurisdiction; |
| 462 | 11. Serves a land area that is amenable to separate |
| 463 | special district government. |
| 464 | 12. Serves a land area that is sufficiently compact and of |
| 465 | size sufficient for the functionally interrelated Ave Maria new |
| 466 | town community development. |
| 467 | 13. Serves a land area in which there is no existing local |
| 468 | or regional system, facility, or service with which creation and |
| 469 | operation of this District and the provision of its systems, |
| 470 | facilities, improvements, and infrastructure would be |
| 471 | incompatible. |
| 472 | 14. Will enhance the intrinsic value of the property and |
| 473 | the new community development, for the purpose of the |
| 474 | Stewardship Overlay, and be a sustaining source of public |
| 475 | revenue. |
| 476 | (o) The independent district charter created in this Act |
| 477 | involves innovative general and special powers not otherwise |
| 478 | available for this unique and highly specialized first ever |
| 479 | academic Ave Maria new town community in such a unique multi- |
| 480 | faceted Rural Lands Stewardship Overlay. |
| 481 | (p) The minimum requirements of general law or creation of |
| 482 | this District by special act have been met as confirmed and set |
| 483 | forth expressly in section 3(1). |
| 484 | (3) Determinations.--Based upon its findings and |
| 485 | ascertainments, the Legislature states expressly and determines: |
| 486 | (a) This Act represents the findings, ascertainments, and |
| 487 | determinations of the Legislature that creating the Ave Maria |
| 488 | Stewardship Community District, by special act, pursuant to |
| 489 | general law, is the best alternative as required by section |
| 490 | 189.404(2)(e)3., Florida Statutes, because it meets |
| 491 | affirmatively the findings and ascertainments of this |
| 492 | Legislature set forth in this section. |
| 493 | (b) The creation by this Act of the Ave Maria Stewardship |
| 494 | Community District in the Stewardship Overlay Area of Collier |
| 495 | County is consistent affirmatively with the Collier County local |
| 496 | government comprehensive plan. |
| 497 | (c) The authority for this Act is pursuant to section |
| 498 | 189.404, Florida Statutes, and the State Comprehensive Plan |
| 499 | pursuant to section 187.201, Florida Statutes. |
| 500 | (d) The Board of County Commissioners of Collier County, |
| 501 | on October 28, 2003, adopted Resolution 2003-381, expressing no |
| 502 | objection to the creation and establishment of the Ave Maria |
| 503 | University Stewardship Community District and finding it |
| 504 | consistent with the Collier County local government |
| 505 | comprehensive plan as provided in section 189.404(a)(e)4., |
| 506 | Florida Statutes. |
| 507 | (4) Intent.--Based upon its findings, ascertainments, and |
| 508 | determinations, the Legislature expresses its intent: |
| 509 | (a) To ensure that the creation and operation of the Ave |
| 510 | Maria Stewardship Community District by and pursuant to this |
| 511 | Act, exercising its management and related financing powers to |
| 512 | implement its limited, single, and special purpose, is not a |
| 513 | development order and does not trigger or invoke any provision |
| 514 | within the meaning of chapter 380, Florida Statutes, and all |
| 515 | applicable governmental planning, environmental, and land |
| 516 | development laws, regulations, rules, policies, and ordinances |
| 517 | apply to all development of the land within the jurisdiction of |
| 518 | the District as created by this Act. |
| 519 | (b) That the District operate and function subject to, and |
| 520 | not inconsistent with, the Collier County Growth Management Plan |
| 521 | and Land Development Code and any applicable development orders, |
| 522 | zoning regulations, or other land development regulations. |
| 523 | (c) That under this Act this special and single purpose |
| 524 | Ave Maria Stewardship Community District shall not have the |
| 525 | power of a general purpose local government to adopt a |
| 526 | comprehensive plan or related land development regulation as |
| 527 | those terms are defined in the Florida Local Government |
| 528 | Comprehensive Planning and Land Development Regulation Act. |
| 529 | (d) That the charter for this District in the Act is |
| 530 | exclusive and may be amended only by the Legislature by |
| 531 | subsequent special act. Any certain proposed amendment of this |
| 532 | Act which deals specifically, expressly, and only with section |
| 533 | 2(4)(a), (b), and (c) shall not be considered by the Legislature |
| 534 | unless it is accompanied by a resolution of support by the |
| 535 | Collier County Board of County Commissioners provided that any |
| 536 | other amendment on any other subject or provision dealing with |
| 537 | any subject or provision in this Act does not require such |
| 538 | resolution. |
| 539 | (e) That the Ave Maria Stewardship Community District |
| 540 | created by this Act constitutes an innovative mechanism for |
| 541 | long-term, sustained, quality public stewardship through the |
| 542 | planning, implementation, construction, management, and related |
| 543 | financing, of basic systems, facilities, services and |
| 544 | infrastructure projects for the mixed-use new town academic |
| 545 | community. |
| 546 | (f) That, it is in the public interest that this limited, |
| 547 | independent, specialized, and single-purpose District have |
| 548 | perpetual existence subject only to legislative review as |
| 549 | provided in its charter as created by this Act so that it is not |
| 550 | in a position to outlive its usefulness. |
| 551 | (g) That the exercise by this Ave Maria Stewardship |
| 552 | Community District of its powers to carry out its single purpose |
| 553 | under its charter as created by this Act is consistent with |
| 554 | applicable due process, disclosure, accountability, ethics, |
| 555 | conflicts of laws, government in the sunshine, competitive |
| 556 | procurement, including the employees of consultants, competitive |
| 557 | negotiation, and competitive bidding, both as to the government |
| 558 | entity itself and as to its appointed or elected officials as |
| 559 | required in this Act. |
| 560 | (5) Purpose.--The limited, single, and specialized purpose |
| 561 | of the Ave Maria Stewardship Community District is to provide |
| 562 | community development systems, facilities, services, projects, |
| 563 | improvements, and infrastructure to the Ave Maria community by |
| 564 | exercising its various management powers, with related financing |
| 565 | powers, both general and special, as set forth by and limited by |
| 566 | its charter as created by this Act. |
| 567 | (6) Definitions.--As used in this Act: |
| 568 | (a) "Ad valorem bonds" means bonds which are payable from |
| 569 | the proceeds of ad valorem taxes levied on real and tangible |
| 570 | personal property and which are generally referred to as general |
| 571 | obligation bonds. |
| 572 | (b) "Assessable improvements" means, without limitation, |
| 573 | any and all public improvements and community facilities that |
| 574 | the District is empowered to provide in accordance with this |
| 575 | Act, that provide a special benefit to property within the |
| 576 | District. |
| 577 | (c) "Assessment bonds" means special obligations of the |
| 578 | District which are payable solely from proceeds of the special |
| 579 | assessments or benefit special assessments levied for assessable |
| 580 | improvements, provided that, in lieu of issuing assessment bonds |
| 581 | to fund the costs of assessable improvements, the District may |
| 582 | issue revenue bonds for such purposes payable from special |
| 583 | assessments. |
| 584 | (d) "Assessments" means those nonmillage District |
| 585 | assessments which include special assessments, benefit special |
| 586 | assessments, and maintenance special assessments and a |
| 587 | nonmillage, non-ad valorem maintenance tax if authorized by |
| 588 | general law. |
| 589 | (e) "Ave Maria Stewardship Community District" means the |
| 590 | unit of special and single purpose local government created and |
| 591 | chartered by this Act, including the creation of its charter, |
| 592 | and limited to the performance, in implementing its single |
| 593 | purpose, of those general and special powers authorized by its |
| 594 | charter under this Act, the boundaries of which are set forth by |
| 595 | the Act, the governing head of which is created and authorized |
| 596 | to operate with legal existence by this Act, and the purpose of |
| 597 | which is as set forth in this Act. |
| 598 | (f) "Benefit special assessments" are District assessments |
| 599 | imposed, levied, and collected pursuant to the provisions of |
| 600 | section 4(14)(b). |
| 601 | (g) "Board of Supervisors" or "board" means the governing |
| 602 | board of the District or, if such board has been abolished, the |
| 603 | board, body, or commission assuming the principal functions |
| 604 | thereof or to whom the powers given to the board by this Act |
| 605 | have been given by law. |
| 606 | (h) "Bond" includes "certificate," and the provisions that |
| 607 | are applicable to bonds are equally applicable to certificates. |
| 608 | The term "bond" includes any general obligation bond, assessment |
| 609 | bond, refunding bond, revenue bond, and other such obligation in |
| 610 | the nature of a bond as is provided for in this Act. |
| 611 | (i) "Developed urban area" means any reasonably compact |
| 612 | urban area. |
| 613 | (j) "Cost" or "costs," when used with reference to any |
| 614 | project, includes, but is not limited to: |
| 615 | 1. The expenses of determining the feasibility or |
| 616 | practicability of acquisition, construction, or reconstruction. |
| 617 | 2. The cost of surveys, estimates, plans, and |
| 618 | specifications. |
| 619 | 3. The cost of improvements. |
| 620 | 4. Engineering, fiscal, and legal expenses and charges. |
| 621 | 5. The cost of all labor, materials, machinery, and |
| 622 | equipment. |
| 623 | 6. The cost of all lands, properties, rights, easements, |
| 624 | and franchises acquired. |
| 625 | 7. Financing charges. |
| 626 | 8. The creation of initial reserve and debt service funds. |
| 627 | 9. Working capital. |
| 628 | 10. Interest charges incurred or estimated to be incurred |
| 629 | on money borrowed prior to and during construction and |
| 630 | acquisition and for such reasonable period of time after |
| 631 | completion of construction or acquisition as the board may |
| 632 | determine. |
| 633 | 11. The cost of issuance of bonds pursuant to this Act, |
| 634 | including advertisements and printing. |
| 635 | 12. The cost of any bond or tax referendum held pursuant |
| 636 | to this Act and all other expenses of issuance of bonds. |
| 637 | 13. The discount, if any, on the sale or exchange of |
| 638 | bonds. |
| 639 | 14. Administrative expenses. |
| 640 | 15. Such other expenses as may be necessary or incidental |
| 641 | to the acquisition, construction, or reconstruction of any |
| 642 | project, or to the financing thereof, or to the development of |
| 643 | any lands within the District. |
| 644 | 16. Payments, contributions, dedications, and any other |
| 645 | exactions required as a condition of receiving any government |
| 646 | approval or permit necessary to accomplish any District purpose. |
| 647 | (k) "District" means the Ave Maria Stewardship Community |
| 648 | District. |
| 649 | (l) "District manager" means the manager of the District. |
| 650 | (m) "District roads" means highways, streets, roads, |
| 651 | alleys, sidewalks, landscaping, storm drains, bridges, and |
| 652 | thoroughfares of all kinds. |
| 653 | (n) "General obligation bonds" means bonds which are |
| 654 | secured by, or provide for their payment by, the pledge of the |
| 655 | full faith and credit and taxing power of the District, in |
| 656 | addition to those special taxes levied for their discharge and |
| 657 | such other sources as may be provided for their payment or |
| 658 | pledged as security under the resolution authorizing their |
| 659 | issuance, and for payment of which recourse may be had against |
| 660 | the general fund of the District. |
| 661 | (o) "Governing board member" means any member of the Board |
| 662 | of Supervisors. |
| 663 | (p) "Land development regulations" means those regulations |
| 664 | of general purpose local government, adopted under the Florida |
| 665 | Local Government Comprehensive Planning and Land Development |
| 666 | Regulations Act, Florida's Growth Management Act, and chapter |
| 667 | 163, Florida Statutes, as amended from time to time, to which |
| 668 | the District is subject and as to which the District may not |
| 669 | doing anything that is inconsistent. Land development |
| 670 | regulations shall not mean specific management engineering, |
| 671 | planning, and other criteria and standards needed in the daily |
| 672 | management, implementation, and provision by the District of |
| 673 | basic systems, facilities, services, works, improvements, |
| 674 | projects, or infrastructure, including design criteria and |
| 675 | standards, so long as they remain subject to and are not |
| 676 | inconsistent with the Collier County Growth Management Plan and |
| 677 | applicable land development regulations. |
| 678 | (q) "Landowner" means the owner of a freehold estate as it |
| 679 | appears on the deed record, including a trustee, a private |
| 680 | corporation, and an owner of a condominium unit. Landowner does |
| 681 | not include a reversioner, remainderman, mortgagee, or any |
| 682 | governmental entity who shall not be counted and need not be |
| 683 | notified of proceedings under this Act. Landowner also means the |
| 684 | owner of a ground lease from a governmental entity, which |
| 685 | leasehold interest has a remaining term, excluding all renewal |
| 686 | options, in excess of 50 years. |
| 687 | (r) "General-purpose local government" means a county, |
| 688 | municipality, or consolidated city-county government. |
| 689 | (s) "Maintenance special assessments" are assessments |
| 690 | imposed, levied, and collected pursuant to the provisions of |
| 691 | section 4(14)(d). |
| 692 | (t) "Non-ad valorem assessment" means an assessment levied |
| 693 | and imposed by the Board of Supervisors of the Ave Maria |
| 694 | Stewardship Community District that are not based upon millage |
| 695 | and that constitutes, pursuant to the provisions of this Act, |
| 696 | first lien imposed on the property subject thereto, coequal with |
| 697 | any lien imposed by the state, county, municipality, or school |
| 698 | board: |
| 699 | 1. If, pursuant to general law, nonmillage and non-ad |
| 700 | valorem taxes, limited expressly and only to certain maintenance |
| 701 | taxes provided for expressly in the District charter as created |
| 702 | by this Act that are not ad valorem taxes and are not special |
| 703 | assessments. |
| 704 | 2. If an assessment that is not a tax and is a special |
| 705 | assessment levied and imposed by the Board of Supervisors of the |
| 706 | District pursuant to an informed and nonarbitrary determination |
| 707 | by the Board of Supervisors that the system, facility, or |
| 708 | service will provide, as a logical connection to the applicable |
| 709 | parcels of property, a special benefit peculiar to the property, |
| 710 | different in kind and degree than a general benefit and, |
| 711 | further, that the duty to pay per parcel will be apportioned in |
| 712 | a manner that is fair and reasonable, and that may be known as |
| 713 | an assessment, special assessment, maintenance assessment, or |
| 714 | benefit assessment. The levy of a maintenance assessment to |
| 715 | maintain a system or facility constructed and financed a by |
| 716 | special assessment levied by the District may be based on the |
| 717 | assessment methodology by which a construction special |
| 718 | assessment is levied but upon a determination that a maintenance |
| 719 | special assessment also provides a special and peculiar benefit |
| 720 | to the property and is apportioned in a manner that is fair and |
| 721 | reasonable. |
| 722 | 3. If an assessment is levied, imposed, or equalized by |
| 723 | the Board of Supervisors by rule of the District. |
| 724 | (u) "Powers" means powers used and exercised by the Board |
| 725 | of Supervisors to accomplish the single, limited, and special |
| 726 | purpose of the District including: |
| 727 | 1. "General powers" means those organizational and |
| 728 | administrative powers of the District as provided in its charter |
| 729 | in order to carry out its single special purpose as a local |
| 730 | government public corporate body politic. |
| 731 | 2. "Special powers" means those powers enumerated by the |
| 732 | District charter to implement its specialized systems, |
| 733 | facilities, services, projects, improvements, and infrastructure |
| 734 | and related functions in order to carry out its single |
| 735 | specialized purpose. |
| 736 | 3. Any other powers, authority, or function set forth in |
| 737 | this Act. |
| 738 | (v) "Project" means any development, improvement, |
| 739 | property, power, utility, facility, enterprise, service, system, |
| 740 | works, or infrastructure now existing or hereafter undertaken or |
| 741 | established under the provisions of this Act. |
| 742 | (w) "Qualified elector" means any person at least 18 years |
| 743 | of age who is a citizen of the United States, a legal resident |
| 744 | of Florida and of the District and who registers to vote with |
| 745 | the Supervisor of Elections in Collier County. |
| 746 | (x) "Refunding bonds" means bonds issued to refinance |
| 747 | outstanding bonds of any type and the interest and redemption |
| 748 | premium thereon. Refunding bonds shall be issuable and payable |
| 749 | in the same manner as refinanced bonds, except that no approval |
| 750 | by the electorate shall be required unless required by the State |
| 751 | Constitution. |
| 752 | (y) "Revenue bonds" means obligations of the District that |
| 753 | are payable from revenues, including, but not limited to, |
| 754 | special assessments and benefit special assessments derived from |
| 755 | sources other than ad valorem taxes on real or tangible personal |
| 756 | property and that do not pledge the property, credit, or general |
| 757 | tax revenue of the District. |
| 758 | (z) "Sewer system" means any plant, system, facility, or |
| 759 | property, and additions, extensions, and improvements thereto at |
| 760 | any future time constructed or acquired as part thereof, useful |
| 761 | or necessary or having the present capacity for future use in |
| 762 | connection with the collection, treatment, purification, or |
| 763 | disposal of sewage, including, but not limited to, industrial |
| 764 | wastes resulting from any process of industry, manufacture, |
| 765 | trade, or business or from the development of any natural |
| 766 | resource. Sewer system also includes treatment plants, pumping |
| 767 | stations, lift stations, valves, force mains, intercepting |
| 768 | sewers, laterals, pressure lines, mains, and all necessary |
| 769 | appurtenances and equipment; all sewer mains, laterals, and |
| 770 | other devices for the reception and collection of sewage from |
| 771 | premises connected therewith; and all real and personal property |
| 772 | and any interest therein, rights, easements, and franchises of |
| 773 | any nature relating to any such system and necessary or |
| 774 | convenient for operation thereof. |
| 775 | (aa) "Special assessments" shall mean assessments as |
| 776 | imposed, levied, and collected by the District for the costs of |
| 777 | assessable improvements pursuant to the provisions of this Act, |
| 778 | chapter 170, Florida Statutes, as amended from time to time, and |
| 779 | the additional authority under section 197.3631, Florida |
| 780 | Statutes, as amended from time to time, or other provisions of |
| 781 | general law, now or hereinafter enacted, which provide or |
| 782 | authorize a supplemental means to impose, levy, and collect |
| 783 | special assessments. |
| 784 | (bb) "Taxes" or "tax" means those levies and impositions |
| 785 | of the Board of Supervisors that support and pay for government |
| 786 | and the administration of law and that may be: |
| 787 | 1. Ad valorem or property taxes based upon both the |
| 788 | appraised value of property and millage, at a rate uniform |
| 789 | within the jurisdiction; |
| 790 | 2. If and when authorized by general law, non-ad valorem |
| 791 | maintenance taxes not based on millage that are used to maintain |
| 792 | District systems, facilities, and services. |
| 793 | (cc) "Urban area" means a developed and inhabited urban |
| 794 | area within the District within a minimum acreage resident |
| 795 | population density of least 1.5 persons per acre as defined by |
| 796 | the latest official census, special census, or population |
| 797 | estimate, a minimum density of one single-family home per 2.5 |
| 798 | acres with access to improved roads, or a minimum density of one |
| 799 | single-family home per 5 acres within a recorded plat |
| 800 | subdivision. Urban areas shall be designated by the Board of |
| 801 | Supervisors with the assistance of all general purpose local |
| 802 | governments having jurisdiction over the area within the |
| 803 | jurisdiction of the District. |
| 804 | (dd) "Water system" means any plant, system, facility, or |
| 805 | property, and any addition, extension, or improvement thereto at |
| 806 | any future time constructed or acquired as a part thereof, |
| 807 | useful, necessary, or having the present capacity for future use |
| 808 | in connection with the development of sources, treatment, |
| 809 | purification, or distribution of water. Water system also |
| 810 | includes dams, reservoirs, storage tanks, mains, lines, valves, |
| 811 | pumping stations, laterals, and pipes for the purpose of |
| 812 | carrying water to the premises connected with such system, and |
| 813 | all rights, easements, and franchises of any nature relating to |
| 814 | any such system and necessary or convenient for the operation |
| 815 | thereof. |
| 816 | (7) Policy.--Based upon its findings, ascertainments, |
| 817 | determinations, intent, purpose, and definitions, the |
| 818 | Legislature states its policy expressly: |
| 819 | (a) The District and the District charter, with its |
| 820 | general and special powers, as created in this Act, are |
| 821 | essential and the best alternative for the unique location and |
| 822 | nature of the new community for academic, residential, |
| 823 | commercial, and other community uses, projects, or functions in |
| 824 | the Rural Lands Stewardship Area Overlay of eastern Collier |
| 825 | County consistent with and designed to enhance the Stewardship |
| 826 | Overlay Program and to serve a lawful public purpose. |
| 827 | (b) The District which is a local government and a |
| 828 | corporate body politic is limited to its single, narrow, and |
| 829 | special purpose as expressed in this Act, with the power to |
| 830 | provide, plan, implement, construct, maintain, and finance as a |
| 831 | local government management entity its basic systems, |
| 832 | facilities, services, improvements, infrastructure, and projects |
| 833 | and possessing financing powers to fund its management power |
| 834 | over the long term and with sustained levels of high quality |
| 835 | commensurate with the Stewardship Overlay. |
| 836 | (c) This Act may be amended only by special act of the |
| 837 | Legislature in whole or in part. |
| 838 | Section 3. Minimum general law requirements; creation and |
| 839 | establishment; boundaries; jurisdiction; construction; charter |
| 840 | with legal description.-- |
| 841 | (1) Pursuant to section 189.404(3), Florida Statutes, the |
| 842 | Legislature sets forth that the minimum requirements in |
| 843 | paragraphs (a) through (o) have been met in the identified |
| 844 | provisions of this Act as follows: |
| 845 | (a) The purpose of the District is stated in the Act in |
| 846 | section 2, subsection (5). |
| 847 | (b) The powers, functions, and duties of the District are |
| 848 | generally in section 4, subsection (3) paragraphs (g) and (h) |
| 849 | and subsections (5)-(16), (18), (19), (21), (25), and (32) as to |
| 850 | which: |
| 851 | 1. Taxation provisions are set forth in section 2, |
| 852 | subsection (6), paragraph (bb); section 4, subsection (3), |
| 853 | paragraph (h), subsection (14), paragraphs (a), (c), (f), (g) |
| 854 | and (i), and subsections (17), (18), and (19). |
| 855 | 2. Bond issuance provisions are set forth generally in |
| 856 | section 2; section 4, subsection (8), paragraph (d), subsections |
| 857 | (10)-(13), and subsection (16), paragraphs (b) and (c). |
| 858 | 3. Provisions regarding the other revenue raising |
| 859 | capabilities are set forth in section 2, subsection (6), |
| 860 | paragraphs (b), (d), (s), (t), and (aa); section 4, subsection |
| 861 | (10) and (11), subsection (14), paragraphs (b), (d), (e), (h), |
| 862 | (i), and (j), and subsections (15) and (16). |
| 863 | 4. Provisions regarding fees, rentals, and charges are in |
| 864 | section 2, subsection (6); and section 4, subsection (8), |
| 865 | paragraph (i) and subsections (22)-(25). |
| 866 | 5. Provisions regarding budget preparation and approval |
| 867 | are in section 4, subsections (5), (6), and (9). |
| 868 | 6. Provisions regarding liens and foreclosures of liens |
| 869 | are in section 4, subsection (14), paragraphs (f), (g), (h), and |
| 870 | (i), and subsections (15), (17), (18), and (19). |
| 871 | 7. Provisions regarding the use of tax deeds and tax |
| 872 | certificates as appropriate for non-ad valorem assessments are |
| 873 | set forth in section 4, subsection (8), paragraph (o), |
| 874 | subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and |
| 875 | (i), and subsection (15). |
| 876 | 8. Provisions regarding contractual agreements are in |
| 877 | section 4, subsection (8), paragraphs (c), (l), (p), (r) and |
| 878 | (s), and subsection (9), paragraphs (k), (o), (p), (s), (t), |
| 879 | (v), and (w). |
| 880 | (c) The provisions for methods for establishing the |
| 881 | District are in section 2, subsection (2), paragraph (b); |
| 882 | section 3; and effective as provided in section 6. |
| 883 | (d) The methods for amending the charter of the District |
| 884 | are set forth in section 2, subsection (7), paragraph (c); |
| 885 | section 3, subsection (4); and section 4, subsection (28). |
| 886 | (e) The provisions regarding aspects of the governing |
| 887 | board are as follows: |
| 888 | 1. Provisions for the membership of the governing board |
| 889 | are in section 4, subsection (3), paragraph (b) and subsection |
| 890 | (4), paragraph (c). |
| 891 | 2. Provisions regarding the organization of the governing |
| 892 | board are in section 4, subsection (3), paragraphs (b)-(d) and |
| 893 | subsection (4), paragraph (c). |
| 894 | 3. Provisions regarding the requirement of five board |
| 895 | members are in section 4, subsection (3), paragraph (b), and |
| 896 | subsection (4), paragraph (c), subparagraph 1. |
| 897 | 4. The provisions regarding the quorum of the governing |
| 898 | board are in section 4, subsection (3), paragraph (b), and |
| 899 | subsection (4) paragraph (c), subparagraph 1, sub-subparagraph |
| 900 | e. |
| 901 | (f) The provisions regarding maximum compensation of each |
| 902 | board member are in section 4, subsection (4), paragraph (c), |
| 903 | and in particular in subparagraph 1., sub-subparagraph h.; |
| 904 | section 4, subsection (4), paragraph (c), subparagraph 1., sub- |
| 905 | subparagraph h. |
| 906 | (g) The provisions regarding the administrative duties of |
| 907 | the governing board are found in section 4, subsections (5)-(8). |
| 908 | (h) The provisions applicable to financial disclosure, |
| 909 | noticing, and reporting requirements for: |
| 910 | 1. Financial disclosure are in section 4, subsections (6) |
| 911 | and (7). |
| 912 | 2. The provisions regarding voting are found in section 4, |
| 913 | subsections (3) and (4). |
| 914 | 3. Reporting requirements are in section 4, subsections |
| 915 | (5)-(7) and subsection (31). |
| 916 | (i) The provisions regarding procedures and requirements |
| 917 | for issuing bonds are: |
| 918 | 1. For issuing bonds are in section 4, subsection (12), |
| 919 | particularly in paragraphs (a), (b), (i), (k), and (l), and |
| 920 | related provisions regarding trust agreements are in subsection |
| 921 | (13). |
| 922 | 2. For issuing bonds are in section 4, subsection (12), |
| 923 | particularly in paragraphs (c)-(q) and subsection (13). |
| 924 | (j) The provisions regarding elections or referenda are: |
| 925 | 1. For procedures for elections are in section 4, |
| 926 | subsections (3) and (4), and provisions regarding referenda are |
| 927 | in subsection (14), paragraph (a). |
| 928 | 2. For qualifications of an elector of the District, a |
| 929 | qualified elector, are in section 2, subsection (6), paragraph |
| 930 | (w); and section 4, subsection (3), paragraphs (b) and (c). |
| 931 | 3. For referenda are in section 4, subsection (4), |
| 932 | paragraph (b). |
| 933 | (k) The provisions regarding methods for financing the |
| 934 | District are generally in section 4, subsections (10), (11), |
| 935 | (14), (15), (16), (17), (18), and (19). |
| 936 | (l) Other than taxes levied for the payment of bonds and |
| 937 | taxes levied for periods not longer than 2 years when authorized |
| 938 | by vote of the electors of the District, the provisions for: |
| 939 | 1. The authority to levy ad valorem tax is in section 4, |
| 940 | subsection (14), paragraph (a) and subsection (3), paragraph |
| 941 | (h); and section 2, subsection (6) paragraph (bb) subparagraph |
| 942 | 1. |
| 943 | 2. The authorized millage rate is in section 4, subsection |
| 944 | (14), paragraph (a). |
| 945 | (m) The provisions for the method or methods of collecting |
| 946 | non-ad valorem assessments, fees, or service charges are: |
| 947 | 1. For collecting non-ad valorem assessments in section 4, |
| 948 | subsection (14), paragraphs (b), (c), (d), (e), (h), and (i) and |
| 949 | subsection (15). |
| 950 | 2. For collecting fees and service charges in section 4, |
| 951 | subsection (22). |
| 952 | (n) The provisions for planning requirements are as |
| 953 | limited by the provisions of section 2 and section 3, as limited |
| 954 | further by section 4, subsections (8) and (9). |
| 955 | (o) The provisions for geographic boundary limitations of |
| 956 | the District are set forth in section 3, subsection (2)-(4); and |
| 957 | section 4, subsection (2). |
| 958 | (2) Creation and establishment.--The Ave Maria Stewardship |
| 959 | Community District, which may also be referred to and be known |
| 960 | as the "Stewardship Community District," "Ave Maria District," |
| 961 | or "District" is created and incorporated as a public body, |
| 962 | corporate and politic, an independent, limited, special, and |
| 963 | single purpose local government, an independent special |
| 964 | district, under section 189.404, Florida Statutes, as amended |
| 965 | from time to time, and as defined in this Act and in section |
| 966 | 189.403(3), Florida Statutes, as amended from time to time, in |
| 967 | and for eastern Collier County. Any amendments to chapter 190, |
| 968 | Florida Statutes, after January 1, 2004, granting additional |
| 969 | general powers, special powers, authorities, or projects to a |
| 970 | community development district by amendment to its uniform |
| 971 | charter, sections 190.006-190.041, Florida Statutes, shall |
| 972 | constitute a general power, special power, authority, or |
| 973 | function of the Ave Maria Stewardship Community District. |
| 974 | Because all notices for the enactment by the Legislature of this |
| 975 | Act, a special act, have been provided pursuant to the State |
| 976 | Constitution, the Laws of Florida, and the Rules of the Florida |
| 977 | House of Representatives and of the Florida Senate, and because |
| 978 | Collier County is not a charter county, no referendum subsequent |
| 979 | to the effective date of this Act is required. The District, as |
| 980 | created by this Act, is established on the property pursuant to |
| 981 | section 6 and section 4(3). |
| 982 | (3) The territorial boundary of the District shall embrace |
| 983 | and include, without reservation or enclave, all of that certain |
| 984 | real property described legally in the following section 4(2). |
| 985 | (4) The jurisdiction of this District, in the exercise of |
| 986 | its general and special powers, and in the carrying out of its |
| 987 | single, narrow, and special purpose, is both within the external |
| 988 | boundaries of the legal description of this District and |
| 989 | extraterritorially when limited to, and as authorized expressly |
| 990 | elsewhere in, the charter of the District as created in this Act |
| 991 | or applicable general law. This single purpose District is |
| 992 | created as a public body corporate and politic and local |
| 993 | government authority and power is limited by its charter, this |
| 994 | Act, and subject to the provisions of other general laws, |
| 995 | including chapter 189, Florida Statutes, except that an |
| 996 | inconsistent provision in this Act shall control and the |
| 997 | District has jurisdiction to perform such acts and exercise such |
| 998 | projects, functions, and powers as shall be necessary, |
| 999 | convenient, incidental, proper, or reasonable for the |
| 1000 | implementation of its limited, single, and specialized purpose |
| 1001 | regarding the sound planning, provision, acquisition, |
| 1002 | development, operation, maintenance, and related financing of |
| 1003 | those public systems, facilities, services, improvements, |
| 1004 | projects, and infrastructure works as authorized herein |
| 1005 | including those necessary and incidental thereto. |
| 1006 | (5) Exclusive charter.--The exclusive charter of the "Ave |
| 1007 | Maria Stewardship Community District" is this Act and may be |
| 1008 | amended only by special act of the Legislature. |
| 1009 | Section 4. Disposition of sections 2 and 3; legal |
| 1010 | description; exclusive charter of the Ave Maria Stewardship |
| 1011 | Community District.-- |
| 1012 | (1) EXCLUSIVE CHARTER.--This Act constitutes the exclusive |
| 1013 | charter of the Ave Maria Stewardship Community District. |
| 1014 | (2) LEGAL DESCRIPTION. The metes and bounds legal |
| 1015 | description of the District, within which there are no enclaves |
| 1016 | or parcels of property owned by those who do not wish their |
| 1017 | property to be included within the District, is as follows: |
| 1018 |
|
| 1019 | METES AND BOUNDS DESCRIPTION |
| 1020 | DESCRIPTION OF PART OF SECTIONS 21, 22, 27, 28, 29, |
| 1021 | 30, AND 33 |
| 1022 | AND ALL OF SECTIONS 31 AND 32, TOWNSHIP 47 SOUTH, |
| 1023 | RANGE 29 EAST, |
| 1024 | AND |
| 1025 | PART OF SECTIONS 4, 9, 16, 17, AND 18 |
| 1026 | AND ALL OF SECTIONS 5, 6, 7, AND 8, TOWNSHIP 48 SOUTH, |
| 1027 | RANGE 29 EAST, |
| 1028 | AND |
| 1029 | PART OF SECTIONS 1, 12 AND 13, TOWNSHIP 48 SOUTH, |
| 1030 | RANGE 28 EAST, |
| 1031 | AND |
| 1032 | ALL OF SECTION 36, TOWNSHIP 47 SOUTH, RANGE 28 EAST, |
| 1033 | COLLIER COUNTY, FLORIDA |
| 1034 |
|
| 1035 | COMMENCING AT the NORTHWEST CORNER OF SECTION 27, |
| 1036 | TOWNSHIP 47 SOUTH, RANGE |
| 1037 | 29 EAST, COLLIER COUNTY, FLORIDA. |
| 1038 | THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH |
| 1039 | 89°42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE |
| 1040 | WEST RIGHT-OF-WAY LINE OF CAMP KEIAS ROAD (80' RIGHT- |
| 1041 | OF-WAY) AND THE POINT OF BEGINNING OF THE PARCEL |
| 1042 | HEREIN DESCRIBED: |
| 1043 | THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING |
| 1044 | TWENTY FOUR (24) DESCRIBED COURSES; |
| 1045 | 1) SOUTH 00°15'32" EAST 4936.39 FEET; |
| 1046 | 2) 395.35 FEET ALONG THE ARC OF A NON-TANGENTIAL |
| 1047 | CIRCULAR CURVE CONCAVE WEST HAVING A RADIUS OF |
| 1048 | 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06°05'35" AND |
| 1049 | BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°47'23" |
| 1050 | WEST 395.17 FEET; |
| 1051 | 3) SOUTH 05°50'40" WEST 101.17 FEET; |
| 1052 | 4) THENCE SOUTH 89°37'49" WEST 7.63 FEET; |
| 1053 | 5) SOUTH 00°14'32" EAST 73.58 FEET; |
| 1054 | 6) SOUTH 05°51'27" WEST 224.83 FEET; |
| 1055 | 7) 403.87 FEET ALONG THE ARC OF A NON-TANGENTIAL |
| 1056 | CIRCULAR CURVE CONCAVE |
| 1057 | EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A |
| 1058 | CENTRAL ANGLE OF 06°05'33" AND BEING SUBTENDED BY A |
| 1059 | CHORD WHICH BEARS SOUTH 02°45'21" WEST 403.68 FEET; |
| 1060 | 8) SOUTH 00°14'33" EAST 1,907.96 FEET; |
| 1061 | 9) SOUTH 00°22'10" EAST 2,609.43 FEET; |
| 1062 | 10) SOUTH 00°30'10" EAST 2,673.59 FEET; |
| 1063 | 11) SOUTH 00°35'31" EAST 2,684.14 FEET; |
| 1064 | 12) SOUTH 00°38'11" EAST 2,610.47 FEET; |
| 1065 | 13) SOUTH 00°30'34" EAST 200.03 FEET; |
| 1066 | 14) 202.91 FEET ALONG THE ARC OF A CIRCULAR |
| 1067 | CURVE CONCAVE EAST HAVING A RADIUS OF 2,702.95 FEET |
| 1068 | THROUGH CENTRAL ANGLE OF 04°18'04" AND |
| 1069 | BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36" |
| 1070 | EAST 202.86 FEET; |
| 1071 | 15) SOUTH 04°48'38" EAST 400.00 FEET; |
| 1072 | 16) SOUTH 05°08'04" EAST 95.99 FEET; |
| 1073 | 17) SOUTH 00°29'16" EAST 101.03 FEET; |
| 1074 | 18) CONTINUE ALONG SAID LINE SOUTH 00°29'16" |
| 1075 | EAST 1,609.23 FEET; |
| 1076 | 19) SOUTH 00°59'03" EAST 2,660.06 FEET; |
| 1077 | 20) SOUTH 00°56'00" EAST 2,246.44 FEET; |
| 1078 | 21) 104.19 FEET ALONG THE ARC OF A NON- |
| 1079 | TANGENTIAL CIRCULAR |
| 1080 | CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET |
| 1081 | THROUGH A CENTRAL ANGLE OF |
| 1082 | 12°56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS |
| 1083 | SOUTH 05°33'57" WEST |
| 1084 | 103.97 FEET; |
| 1085 | 22) SOUTH 12°02'43" WEST 100.00 FEET; |
| 1086 | 23) 122.31 FEET ALONG THE ARC OF A CIRCULAR |
| 1087 | CURVE CONCAVE EAST |
| 1088 | HAVING A RADIUS OF 540.00 FEET THROUGH CENTRAL ANGLE |
| 1089 | OF 12°58'40" AND BEING |
| 1090 | SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°33'23" WEST |
| 1091 | 122.05 FEET; |
| 1092 | 24) SOUTH 00°55'58" EAST 49.54 FEET TO THE NORTH |
| 1093 | RIGHT OF WAY |
| 1094 | LINE OF OIL WELL ROAD (100' RIGHT OF WAY) |
| 1095 | THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOWING |
| 1096 | EIGHT (8) DESCRIBED |
| 1097 | COURSES; |
| 1098 | 1) SOUTH 88°57'46" WEST 2,595.92 FEET; |
| 1099 | 2) SOUTH 88°54'34" WEST 2,641.05 FEET; |
| 1100 | 3) SOUTH 88°57'06" WEST 2,570.04 FEET; |
| 1101 | 4) SOUTH 88°55'37" WEST 2,702.71 FEET; |
| 1102 | 5) SOUTH 88°56'50" WEST 2,645.03 FEET; |
| 1103 | 6) SOUTH 88°56'28" WEST 2,639.06 FEET; |
| 1104 | 7) SOUTH 89°44'55" WEST 2,676.56 FEET; |
| 1105 | 8) SOUTH 89°44'33" WEST 0.82 FEET TO THE WEST |
| 1106 | LINE OF THOSE |
| 1107 | LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-2796; |
| 1108 | THENCE ALONG SAID LINE NORTH 01°11'28" WEST 2,637.90 |
| 1109 | FEET TO THE NORTH LINE |
| 1110 | OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779- |
| 1111 | 2796; |
| 1112 | THENCE ALONG SAID LINE NORTH 89°32'26" EAST 1,332.28 |
| 1113 | FEET TO A NORTHWEST |
| 1114 | CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE |
| 1115 | 1554-1558; |
| 1116 | THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH |
| 1117 | 89°32'26" EAST 360.40 FEET |
| 1118 | TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS |
| 1119 | DESCRIBED IN O.R. BOOK |
| 1120 | 2943 PAGE 2779-2796; |
| 1121 | THENCE ALONG THE WEST LINE OF SAID LANDS NORTH |
| 1122 | 01°11'02" WEST 2,688.15 FEET |
| 1123 | TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, |
| 1124 | TOWNSHIP 48 SOUTH, RANGE |
| 1125 | 28 EAST, |
| 1126 | THENCE ALONG SAID LINE SOUTH 89°24'56" WEST 151.63 |
| 1127 | FEET TO THE INTERSECTION |
| 1128 | WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. |
| 1129 | BOOK 2493 PAGE 2779-2796; |
| 1130 | THENCE ALONG THE WEST LINE OF SAID LANDS NORTH |
| 1131 | 00°44'30" WEST 5,387.66 FEET |
| 1132 | TO THE INTERSECTION WITH THE NORTH LINE OF SAID |
| 1133 | SECTION 12; |
| 1134 | THENCE ALONG SAID NORTH LINE NORTH 89°00'09" EAST |
| 1135 | 23.81 FEET TO INTERSECTION |
| 1136 | WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. |
| 1137 | BOOK 2493 PAGES |
| 1138 | 2779-2796; |
| 1139 | THENCE ALONG THE WEST LINE OF SAID LANDS NORTH |
| 1140 | 00°43'12" WEST 5,312.87 FEET |
| 1141 | TO THE SOUTH LINE OF SECTION 36, TOWNSHIP 47 SOUTH, |
| 1142 | RANGE 28 EAST; |
| 1143 | THENCE ALONG SAID SOUTH LINE SOUTH 89°28'47" WEST |
| 1144 | 1,591.63 FEET; |
| 1145 | THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89°28'47" |
| 1146 | WEST 2,658.12 FEET TO THE SOUTH WEST CORNER OF SAID |
| 1147 | SECTION 36; |
| 1148 | THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH |
| 1149 | 00°12'02" WEST 2,594.56 FEET; |
| 1150 | THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 |
| 1151 | NORTH 00°13'09" EAST |
| 1152 | 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION |
| 1153 | 36; |
| 1154 | THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH |
| 1155 | 89°57'18" EAST 2,678.23 |
| 1156 | FEET; |
| 1157 | THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION |
| 1158 | NORTH 89°57'18" EAST |
| 1159 | 2,678.23 FEET TO THE NORTH EAST CORNER OF SAID SECTION |
| 1160 | 36; |
| 1161 | THENCE ALONG THE WEST LINE OF SECTION 30, TOWNSHIP 47 |
| 1162 | SOUTH, RANGE 29 EAST, |
| 1163 | NORTH 00°13'04" WEST 2,580.06 FEET; |
| 1164 | THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION |
| 1165 | 30 NORTH 00°10'45" WEST |
| 1166 | 2,527.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF |
| 1167 | IMMOKALEE ROAD (100' RIGHT |
| 1168 | OF WAY) |
| 1169 | THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOWING |
| 1170 | NINE (9) DESCRIBED |
| 1171 | COURSES; |
| 1172 | 1) SOUTH 89°43'35" EAST 0.74 FEET; |
| 1173 | 2) NORTH 87°40'12" EAST 2,582.06 FEET; |
| 1174 | 3) NORTH 87°38'44" EAST 2,630.49 FEET; |
| 1175 | 4) NORTH 87°41'38" EAST 2,640.92 FEET; |
| 1176 | 5) NORTH 87°46'05" EAST 2,645.58 FEET; |
| 1177 | 6) NORTH 89°37'45" EAST 2,687.06 FEET; |
| 1178 | 7) NORTH 89°39'06" EAST 780.08 FEET; |
| 1179 | 8) 3,074.23 FEET ALONG THE ARC OF A NON- |
| 1180 | TANGENTIAL CIRCULAR CURVE CONCAVE NORTHWEST HAVING A |
| 1181 | RADIUS OF 1,960.26 FEET THROUGH A CENTRAL ANGLE OF |
| 1182 | 89°51'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS |
| 1183 | NORTH 44°42'37" EAST 2,768.73 ; |
| 1184 | 9) NORTH 00°27'14" WEST 663.14 FEET TO THE |
| 1185 | INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID |
| 1186 | CAMP KEIAS ROAD; |
| 1187 | THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING |
| 1188 | SEVEN (7) DESCRIBED COURSES: |
| 1189 | 1) SOUTH 89°56'24" EAST 266.14 FEET; |
| 1190 | 2) 722.56 FEET ALONG THE ARC OF A NON- |
| 1191 | TANGENTIAL CIRCULAR CURVE CONCAVE SOUTHWEST HAVING A |
| 1192 | RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF |
| 1193 | 89°59'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS |
| 1194 | SOUTH 44°56'23" EAST 650.54 FEET; |
| 1195 | 3) SOUTH 00°03'36" WEST 600.00 FEET; |
| 1196 | 4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE |
| 1197 | CONCAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH |
| 1198 | CENTRAL ANGLE OF 39°52'53" AND BEING SUBTENDED |
| 1199 | by a chord which bears South 20°00'02" West 518.39 |
| 1200 | feet; |
| 1201 | 5) SOUTH 39°56'29" WEST 543.45 FEET; |
| 1202 | 6) 589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE |
| 1203 | CONCAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH |
| 1204 | CENTRAL ANGLE OF 40°14'11" AND BEING SUBTENDED |
| 1205 | BY A CHORD WHICH BEARS SOUTH 19°49'24" WEST 577.85 |
| 1206 | feet; |
| 1207 | 7) South 00°17'42" East 60.83 feet TO THE POINT |
| 1208 | OF BEGINNING. |
| 1209 |
|
| 1210 | CONTAINING 10805.08 ACRES, MORE OR LESS. |
| 1211 | SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. |
| 1212 | BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE |
| 1213 | OF SECTION 16, |
| 1214 | TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, |
| 1215 | FLORIDA BEING SOUTH |
| 1216 | 88°54'34" WEST. |
| 1217 |
|
| 1218 | (3) BOARD OF SUPERVISORS; MEMBERS AND MEETINGS; |
| 1219 | ORGANIZATION; POWERS; DUTIES; TERMS OF OFFICE; RELATED ELECTON |
| 1220 | REQUIREMENTS.-- |
| 1221 | (a) The Board of Supervisors of the District shall |
| 1222 | exercise the powers granted to the District pursuant to this Act |
| 1223 | in order to implement its specialized single purpose. |
| 1224 | (b) There is hereby created the Board of Supervisors of |
| 1225 | the Stewardship Community District which shall be the governing |
| 1226 | board and body of the District. Except as otherwise provided in |
| 1227 | this Act, each member shall hold office for a term of 4 years |
| 1228 | and until a successor is chosen and qualifies. There shall be |
| 1229 | five members of the Board of Supervisors who shall, in order to |
| 1230 | be eligible, be residents of the state and citizens of the |
| 1231 | United States. Three members shall constitute a quorum. |
| 1232 | (c) Within in 45 days after the effective date of this |
| 1233 | Act, a noticed special meeting of the landowners of the Ave |
| 1234 | Maria Stewardship Community District shall be held for the |
| 1235 | purpose of electing the members to the first Board of |
| 1236 | Supervisors for the District as provided in this Act. Notice of |
| 1237 | such special meeting of the landowners shall be given by causing |
| 1238 | publication thereof, to be made once a week for 2 consecutive |
| 1239 | weeks prior to such meeting in a newspaper of general paid |
| 1240 | subscription and circulation in Collier County the last day of |
| 1241 | such publication not to be fewer than 14 or more than 28 days |
| 1242 | before the day of the election. Such special meeting of the |
| 1243 | landowners shall be held in a public place in Collier County and |
| 1244 | the place, date, and hour of holding such meeting and the |
| 1245 | purpose thereof shall be stated expressly in the notice. The |
| 1246 | landowners when assembled shall organize by electing a Chair, |
| 1247 | who shall preside at the meeting of the landowners, and a |
| 1248 | Secretary, who shall record the proceedings. At such meeting, |
| 1249 | for the election of each person to be elected, each and every |
| 1250 | acre of land, or any fraction thereof, within the boundary of |
| 1251 | the District shall represent one vote and each owner of that |
| 1252 | acre or fraction thereof shall be entitled to one vote for every |
| 1253 | such acre or fraction thereof. Persons who qualify to serve as |
| 1254 | board members shall be nominated at the noticed meeting prior to |
| 1255 | the initial election at the noticed meeting. A landowner may |
| 1256 | vote in person or by proxy in writing. A landowner who sells |
| 1257 | land to a bona fide purchaser may by written lawful instrument |
| 1258 | retain the voting rights for that acreage. |
| 1259 | (d) At the landowners meeting for the election of the |
| 1260 | members of the Board of Supervisors on a one-acre, one-vote |
| 1261 | basis, the two candidates receiving the highest number of votes |
| 1262 | shall be elected for a term expiring November 30, 2006, and the |
| 1263 | three candidates receiving the next largest number of votes |
| 1264 | shall be elected for a term expiring November 30, 2008. The |
| 1265 | members of the first board elected by the landowners shall serve |
| 1266 | their 4-year or 2-year term; however, the next election by the |
| 1267 | landowners shall be held on the first Tuesday in November. |
| 1268 | Thereafter, there shall be an election of supervisors for the |
| 1269 | District every 2 years in November on a date established by the |
| 1270 | board and noticed pursuant to paragraph (c). The two candidates |
| 1271 | receiving the highest number of votes shall be elected to serve |
| 1272 | for a 4-year period and the remaining candidates shall serve for |
| 1273 | a 2-year period. |
| 1274 | (e) The landowners present at the meeting shall constitute |
| 1275 | a quorum. |
| 1276 | (f) All vacancies or expirations on the Board of |
| 1277 | Supervisors shall be filled as provided by this Act. |
| 1278 | (g) In case of a vacancy in the office of any member of |
| 1279 | the Board of Supervisors, the remaining members of the Board of |
| 1280 | Supervisors shall by majority vote appoint a person to serve as |
| 1281 | a member of the Board of Supervisors for the unexpired portion |
| 1282 | of the term. |
| 1283 | (h) If the board proposes to exercise its limited ad |
| 1284 | valorem taxing power as provided in the charter, the provisions |
| 1285 | of paragraph (14)(a) shall apply. |
| 1286 | (4) ELECTION; POPULAR ELECTIONS, REFERENDUM AND |
| 1287 | DESIGNATION OF URBAN AREAS.-- |
| 1288 | (a) Elections of the members of the board shall be |
| 1289 | conducted on a one-acre, one-vote basis as provided in paragraph |
| 1290 | (3)(c), until and unless the provisions of paragraph (4)(b) |
| 1291 | apply. When and as applicable and required, the appropriate |
| 1292 | provisions of section 189.405, Florida Statutes, as amended from |
| 1293 | time to time, apply. |
| 1294 | (b) A referendum shall be called by the Board of |
| 1295 | Supervisors of the District, each member elected on a one-acre, |
| 1296 | one-vote basis, on the question of whether certain members of |
| 1297 | the board should be elected by qualified electors, providing |
| 1298 | each of the following conditions has been satisfied at least 60 |
| 1299 | days prior to the general or special election at which the |
| 1300 | referendum is to be held: |
| 1301 | 1. That the District has at least 500 qualified electors, |
| 1302 | based on the most recent state population estimate. |
| 1303 | 2. A petition signed by 10 percent of the qualified |
| 1304 | electors of the District shall have been filed with the Board of |
| 1305 | Supervisors of the District. The petition shall be submitted to |
| 1306 | the Supervisor of Elections of Collier County who shall, within |
| 1307 | 30 days after receipt of the petition, certify to the board the |
| 1308 | percentage of signatures of qualified electors contained on the |
| 1309 | petition. |
| 1310 | 3. Upon verification by the Supervisor of Elections that |
| 1311 | 10 percent of the qualified electors of the District have |
| 1312 | petitioned the Board of Supervisors, the next regularly |
| 1313 | scheduled election of governing board members shall occur at |
| 1314 | least 60 days after verification of the petition. |
| 1315 | 4. If the qualified electors approve the election |
| 1316 | procedure described in this section, the governing board of the |
| 1317 | District shall remain five members and elections shall be held |
| 1318 | pursuant to the criteria described in this section, beginning |
| 1319 | with the next regularly scheduled election of governing board |
| 1320 | members or at a special election called within 6 months |
| 1321 | following the referendum and final unappealed approval of |
| 1322 | District urban area maps as provided in this section, whichever |
| 1323 | is earlier. |
| 1324 | 5. If the qualified electors of the District disapprove |
| 1325 | the election procedure described in this section, elections of |
| 1326 | the members of the Board of Supervisors shall continue as |
| 1327 | described in this Act on a one-acre, one-vote basis. No further |
| 1328 | referendum on the question shall be held for a minimum period of |
| 1329 | 2 years following the referendum. |
| 1330 | 6. Within 30 days after approval of the election process |
| 1331 | described in this section by qualified electors of the District, |
| 1332 | the Board of Supervisors shall direct the District staff to |
| 1333 | prepare and to present maps of the District describing the |
| 1334 | extent and location of all urban areas within the District, such |
| 1335 | determination shall be based upon the criteria contained in the |
| 1336 | definition of urban area, in this Act. |
| 1337 | 7. Within 60 days after approval of the election process |
| 1338 | described in this subsection by qualified electors of the |
| 1339 | District, the maps describing urban areas within the District |
| 1340 | shall be presented to the Board of Supervisors. |
| 1341 | 8. Any District landowner or elector may contest the |
| 1342 | accuracy of the urban area maps prepared by the staff of the |
| 1343 | District within 30 days after submission to the Board of |
| 1344 | Supervisors. Upon notice of objection to the maps, the |
| 1345 | governing board shall request the county engineer to prepare and |
| 1346 | present maps of the District describing the extent and location |
| 1347 | of all urban areas within the District. Such determination shall |
| 1348 | be based limitedly and exclusively upon the criteria contained |
| 1349 | in the definition in this Act of urban area. Within 30 days |
| 1350 | after the governing board requests, the county engineer shall |
| 1351 | present the maps to the governing board. |
| 1352 | 9. Upon presentation of the maps by the county engineer, |
| 1353 | the governing board shall compare the maps submitted by both the |
| 1354 | District staff and the county engineer and make a determination |
| 1355 | as to which set of maps to adopt. Within 60 days after |
| 1356 | presentation of all such maps, the governing board may amend and |
| 1357 | shall adopt the official maps at a regularly scheduled board |
| 1358 | meeting. |
| 1359 | 10. Any District landowner or qualified elector may |
| 1360 | contest the accuracy of the urban area maps adopted by the board |
| 1361 | after adoption in accordance with the provision for judicial |
| 1362 | review as provided in Florida Administrative Procedure Act. |
| 1363 | Accuracy shall be determined pursuant to the definition of urban |
| 1364 | area as contained in this Act. |
| 1365 | 11. Upon adoption by the Board of Supervisors or |
| 1366 | certification by the court, the District urban area maps shall |
| 1367 | serve as the official maps for determination of the extent of |
| 1368 | the urban area within the District and the number of members of |
| 1369 | the Board of Supervisors to be elected by qualified electors and |
| 1370 | by the one-acre, one-vote principle at the next regularly |
| 1371 | scheduled election of governing board members. |
| 1372 | 12. Upon a determination of the percentage of urban area |
| 1373 | within the District as compared with total area within the |
| 1374 | District, the governing board shall determine the number of |
| 1375 | electors in accordance with the percentages pursuant to this |
| 1376 | paragraph. The landowners' meeting date shall be designated by |
| 1377 | the Board of Supervisors. |
| 1378 | 13. The map shall be updated and readopted every 5 years |
| 1379 | or sooner at the discretion of the Board of Supervisors. |
| 1380 | (c) Governing board.-- |
| 1381 | 1. The composition of the governing board shall be as |
| 1382 | follows: |
| 1383 | a. The five members of the governing board of the District |
| 1384 | shall be elected in accordance with the following determinations |
| 1385 | of urban area: |
| 1386 | (I) If urban areas constitute 25 percent or less of the |
| 1387 | District, one governing board member shall be elected by the |
| 1388 | qualified electors and four governing board members shall be |
| 1389 | elected in accordance with the one-acre, one-vote principle |
| 1390 | contained in subsection (3) or the district's enabling |
| 1391 | legislation. |
| 1392 | (II) If urban areas constitute more than 25 percent but |
| 1393 | less than 50 percent of the District, two governing board |
| 1394 | members shall be elected by the qualified electors and three |
| 1395 | governing board members shall be elected in accordance with the |
| 1396 | one-acre, one-vote principle contained in subsection (3) or the |
| 1397 | district's enabling legislation. |
| 1398 | (III) If urban areas constitute at least 50 percent but |
| 1399 | less than 70 percent of the District, three governing board |
| 1400 | members shall be elected by the qualified electors and two |
| 1401 | governing board members shall be elected in accordance with the |
| 1402 | one-acre/one-vote principle contained in subsection (3) or the |
| 1403 | district's enabling legislation. |
| 1404 | (IV) If urban areas constitute at least 70 percent but |
| 1405 | less than 90 percent of the District, four governing board |
| 1406 | members shall be elected by the qualified electors and one |
| 1407 | governing board member shall be elected in accordance with the |
| 1408 | one-acre, one-vote principle contained in subsection (3) or the |
| 1409 | district's enabling legislation. |
| 1410 | (V) If urban areas constitute at least 90 percent or more |
| 1411 | of the District, all governing board members shall be elected by |
| 1412 | the qualified electors. |
| 1413 | b. All members of the Board of Supervisors, regardless of |
| 1414 | how elected, shall be public officers, shall be known as |
| 1415 | Supervisors, and, upon entering into office, shall take and |
| 1416 | subscribe to the oath of office as prescribed by section 876.05, |
| 1417 | Florida Statutes, as amended from time to time. All members of |
| 1418 | the Board of Supervisors, regardless of how elected, and |
| 1419 | regardless of whether they are qualified electors themselves or |
| 1420 | not, shall be public officials and subject to ethics and |
| 1421 | conflict of interest laws of the state that apply to all public |
| 1422 | officers. They shall hold office for the terms for which they |
| 1423 | were elected and until their successors are chosen and |
| 1424 | qualified. |
| 1425 | c. Any elected member of the Board of Supervisors may be |
| 1426 | removed by the Governor for malfeasance, misfeasance, |
| 1427 | dishonesty, incompetency, or failure to perform the duties |
| 1428 | imposed upon him or her by this Act, and any vacancies that may |
| 1429 | occur in such office shall be filled by the Governor, as soon as |
| 1430 | practicable, unless filled by the board as provided in this Act. |
| 1431 | d. All governing board members elected by qualified |
| 1432 | electors shall be qualified electors elected at large. |
| 1433 | Candidates seeking election as qualified electors shall conduct |
| 1434 | their campaigns in accordance with the provisions of chapter |
| 1435 | 106, Florida Statutes, as amended from time to time, and shall |
| 1436 | file petitions as required in section 99.021, Florida Statutes, |
| 1437 | as amended from time to time, and take the oath therein |
| 1438 | prescribed. |
| 1439 | e. All governing board members elected by qualified |
| 1440 | electors shall have a term of 4 years except for governing board |
| 1441 | members elected at the first election and the first landowners' |
| 1442 | meeting following the referendum prescribed in paragraph (b). |
| 1443 | Governing board members elected at the first election and the |
| 1444 | first landowners' meeting following the referendum shall serve |
| 1445 | as follows: |
| 1446 | (I) If one governing board member is elected by the |
| 1447 | qualified electors and four are elected on a one-acre, one-vote |
| 1448 | basis, the governing board member elected by the qualified |
| 1449 | electors shall be elected for a period of 4 years. Governing |
| 1450 | board members elected on a one-acre, one-vote basis shall be |
| 1451 | elected for a specified period of years, as prescribed by |
| 1452 | subsection (3). |
| 1453 | (II) If two governing board members are elected by the |
| 1454 | qualified electors and three are elected on a one-acre, one-vote |
| 1455 | basis, the governing board members elected by the qualified |
| 1456 | electors shall be elected for a period of 4 years. Governing |
| 1457 | board members elected on a one-acre, one-vote basis shall be |
| 1458 | elected for periods of 1, 2, and 3 years, respectively, as |
| 1459 | prescribed by subsection (3). |
| 1460 | (III) If three governing board members are elected by the |
| 1461 | qualified electors and two are elected on a one-acre, one-vote |
| 1462 | basis, two of the governing board members elected by the |
| 1463 | qualified electors shall be elected for a term of 4 years and |
| 1464 | the other governing board member elected by the qualified |
| 1465 | electors shall be elected for a term of 2 years. Governing |
| 1466 | board members elected on a one-acre, one-vote basis shall be |
| 1467 | elected for periods of 1 year and 2 years, respectively, as |
| 1468 | prescribed by subsection (3). |
| 1469 | (IV) If four governing board members are elected by the |
| 1470 | qualified electors and one is elected on a one-acre/one-vote |
| 1471 | basis, two of the governing board members elected by the |
| 1472 | qualified electors shall be elected for a term of 2 years and |
| 1473 | the other two for a term of 4 years. The governing board member |
| 1474 | elected on a one-acre, one-vote basis shall be elected for a |
| 1475 | term of 1 year as prescribed by subsection (3). |
| 1476 | (V) If five governing board members are elected by the |
| 1477 | qualified electors, three shall be elected for a term of 4 years |
| 1478 | and two for a term of 2 years. |
| 1479 | (VI) If any vacancy occurs in a seat occupied by a |
| 1480 | governing board member elected by the qualified electors, the |
| 1481 | remaining members of the governing board shall, within 45 days |
| 1482 | after the vacancy occurs, appoint a person who would be eligible |
| 1483 | to hold the office for the unexpired term. |
| 1484 | (VII) Each and every election, by qualified electors, of |
| 1485 | members of the Board of Supervisors pursuant to this Act shall |
| 1486 | be conducted in the manner and at a time prescribed by law for |
| 1487 | holding general elections or prescribed by the Supervisor of |
| 1488 | Elections in and for the Collier County political subdivision. |
| 1489 | e.1. An annual landowners' meeting shall be held pursuant |
| 1490 | to subsection (3) and at least one governing board member shall |
| 1491 | be elected on a one-acre, one-vote basis pursuant to subsection |
| 1492 | (3) for so long as 10 percent or more of the District is not |
| 1493 | contained in an urban area. In the event that all District |
| 1494 | governing board members are elected by qualified electors, there |
| 1495 | shall be no further landowners' meetings. |
| 1496 | 2. At any landowners' meeting called pursuant to this |
| 1497 | section, 50 percent of the District acreage shall not be |
| 1498 | required to constitute a quorum and each governing board member |
| 1499 | shall be elected by a majority of the acreage represented either |
| 1500 | by owner or proxy present and voting at said meeting. |
| 1501 | 3. All landowners' meetings of districts operating |
| 1502 | pursuant to this section shall be set by the board within the |
| 1503 | month preceding the month of the election of the governing board |
| 1504 | members by the electors. |
| 1505 | 4. Vacancies on the board shall be filled pursuant to |
| 1506 | subsection (3) and this subsection except as otherwise provided |
| 1507 | in this section. |
| 1508 | f. Three of the members of the Board of Supervisors |
| 1509 | constitute a quorum for the purpose of conducting its business |
| 1510 | and exercising its powers and for all other related purposes. |
| 1511 | Action taken by the District Board of Supervisors present shall |
| 1512 | be upon a vote of the majority of the members present, unless |
| 1513 | general law or rule of the District subsequently promulgated |
| 1514 | requires a greater number. |
| 1515 | g. As soon as practicable after each election or |
| 1516 | appointment, the board shall organize by electing one of its |
| 1517 | members as Chair and by electing a Secretary, who need not be a |
| 1518 | member of the board, and such other officers as the board may |
| 1519 | deem necessary. |
| 1520 | h. The board shall keep a permanent record book entitled |
| 1521 | "Record of Proceedings of Ave Maria Stewardship Community |
| 1522 | District," in which shall be recorded minutes of all meetings, |
| 1523 | resolutions, proceedings, certificates, bonds given by all |
| 1524 | employees, and any and all corporate acts. The record book shall |
| 1525 | at reasonable times be opened to inspection in the same manner |
| 1526 | as state, county, and municipal records pursuant to chapter 119, |
| 1527 | Florida Statutes. The record book shall be kept at the office or |
| 1528 | other regular place of business maintained by the Board of |
| 1529 | Supervisors within Collier County. |
| 1530 | i. Each supervisor shall be entitled to receive for his or |
| 1531 | her services an amount not to exceed $200 per meeting of the |
| 1532 | Board of Supervisors, not to exceed $4,800 per year per |
| 1533 | supervisor, or an amount established by the electors voting in a |
| 1534 | referendum. In addition, each supervisor shall receive travel |
| 1535 | and per diem expenses as set forth in section 112.061, Florida |
| 1536 | Statutes, as amended from time to time. |
| 1537 | j. All meetings of the board shall be open to the public |
| 1538 | and governed by the provisions of chapter 286, Florida Statutes. |
| 1539 | 2. The members of the Board of Supervisors of the |
| 1540 | District, whether elected on a one-acre, one-vote basis or a |
| 1541 | qualified elector basis, shall constitute the members of the |
| 1542 | governing board of the District subject to the requirements of |
| 1543 | this Act. |
| 1544 | (5) BOARD OF SUPERVISORS; GENERAL DUTIES.-- |
| 1545 | (a) The board shall employ and fix the compensation of a |
| 1546 | District Manager. The District Manager shall have charge and |
| 1547 | supervision of the works of the District and shall be |
| 1548 | responsible for preserving and maintaining any improvement or |
| 1549 | facility constructed or erected pursuant to the provisions of |
| 1550 | this Act, for maintaining and operating the equipment owned by |
| 1551 | the District, and for performing such other duties as may be |
| 1552 | prescribed by the board. It shall not be a conflict of interest |
| 1553 | under chapter 112, Florida Statutes, as amended from time to |
| 1554 | time, for a board member, the District Manager, or another |
| 1555 | employee of the District to be a stockholder, officer, or |
| 1556 | employee of a landowner. The District Manager may hire or |
| 1557 | otherwise employ and terminate the employment of such other |
| 1558 | persons, including, without limitation, professional, |
| 1559 | supervisory, and clerical employees, as may be necessary and |
| 1560 | authorized by the board. The compensation and other conditions |
| 1561 | of employment of the officers and employees of the District |
| 1562 | shall be as provided by the board. |
| 1563 | (b) The board shall designate a person who is a resident |
| 1564 | of the state as Treasurer of the District, who shall have charge |
| 1565 | of the funds of the District. Such funds shall be disbursed only |
| 1566 | upon the order or pursuant to a resolution of the board by |
| 1567 | warrant or check countersigned by the Treasurer and by such |
| 1568 | other person as may be authorized by the board. The board may |
| 1569 | give the Treasurer such other or additional powers and duties as |
| 1570 | the board may deem appropriate and may fix his or her |
| 1571 | compensation. The board may require the Treasurer to give a bond |
| 1572 | in such amount, on such terms, and with such sureties as may be |
| 1573 | deemed satisfactory to the board to secure the performance by |
| 1574 | the Treasurer of his or her powers and duties. The financial |
| 1575 | records of the board shall be audited by an independent |
| 1576 | certified public accountant at least once a year. |
| 1577 | (c) The board is authorized to select as a depository for |
| 1578 | its funds any qualified public depository as defined in section |
| 1579 | 280.02, Florida Statutes, as amended from time to time which |
| 1580 | meets all the requirements of chapter 280, Florida Statutes, as |
| 1581 | amended from time to time, and has been designated by the |
| 1582 | Treasurer as a qualified public depository upon such terms and |
| 1583 | conditions as to the payment of interest by such depository upon |
| 1584 | the funds so deposited as the board may deem just and |
| 1585 | reasonable. |
| 1586 | (6) BUDGET; REPORTS AND REVIEWS.-- |
| 1587 | (a) The District shall provide financial reports in such |
| 1588 | form and such manner as prescribed pursuant to this Act and |
| 1589 | chapter 218, Florida Statutes, as amended from time to time. |
| 1590 | (b) On or before July 15 of each year, the District |
| 1591 | Manager shall prepare a proposed budget for the ensuing fiscal |
| 1592 | year to be submitted to the board for board approval. The |
| 1593 | proposed budget shall include at the direction of the board an |
| 1594 | estimate of all necessary expenditures of the District for the |
| 1595 | ensuing fiscal year and an estimate of income to the District |
| 1596 | from the taxes and assessments provided in this Act. The board |
| 1597 | shall consider the proposed budget item by item and may either |
| 1598 | approve the budget as proposed by the District Manager or modify |
| 1599 | the same in part or in whole. The board shall indicate its |
| 1600 | approval of the budget by resolution, which resolution shall |
| 1601 | provide for a hearing on the budget as approved. Notice of the |
| 1602 | hearing on the budget shall be published in a newspaper of |
| 1603 | general circulation in the area of the district once a week for |
| 1604 | 2 consecutive weeks, except that the first publication shall be |
| 1605 | not fewer than 15 days prior to the date of the hearing. The |
| 1606 | notice shall further contain a designation of the day, time, and |
| 1607 | place of the public hearing. At the time and place designated in |
| 1608 | the notice, the board shall hear all objections to the budget as |
| 1609 | proposed and may make such changes as the board deems necessary. |
| 1610 | At the conclusion of the budget hearing, the board shall, by |
| 1611 | resolution, adopt the budget as finally approved by the board. |
| 1612 | The budget shall be adopted prior to October 1 of each year. |
| 1613 | (c) At least 60 days prior to adoption, the Board of |
| 1614 | Supervisors of the District shall submit to the Collier County |
| 1615 | Board of County Commissioners, for purposes of disclosure and |
| 1616 | information only, the proposed annual budget for the ensuing |
| 1617 | fiscal year and the Board of County Commissioners may submit |
| 1618 | written comments to the Board of Supervisors solely for the |
| 1619 | assistance and information of the Board of Supervisors of the |
| 1620 | District in adopting its annual District budget. |
| 1621 | (d) The Board of Supervisors of the District shall submit |
| 1622 | annually, to the Board of County Commissioners of Collier |
| 1623 | County, its District public facilities report under section |
| 1624 | 189.415(2), Florida Statutes, as amended from time to time, |
| 1625 | addressing specifically short-term and long-term innovative |
| 1626 | systems, facilities, and services consistent with the unique |
| 1627 | nature of the new university town community in the Eastern |
| 1628 | Collier County Stewardship Area Overlay, as to which the Board |
| 1629 | of County Commissioners of Collier County shall use and rely on |
| 1630 | the District public facilities report in the preparation or |
| 1631 | revision of the Collier County Growth Management Plan, |
| 1632 | specifically under section 189.415(6), Florida Statutes, as |
| 1633 | amended from time to time. |
| 1634 | (7) DISCLOSURE OF PUBLIC FINANCING.--The District shall |
| 1635 | take affirmative steps to provide for the full disclosure of |
| 1636 | information relating to the public financing and maintenance of |
| 1637 | improvements to real property undertaken by the District. Such |
| 1638 | information shall be made available to all existing residents |
| 1639 | and all prospective residents, of the District. The District |
| 1640 | shall furnish each developer of a residential development within |
| 1641 | the District with sufficient copies of that information to |
| 1642 | provide each prospective initial purchaser of property in that |
| 1643 | development with a copy, and any developer of a residential |
| 1644 | development within the District, when required by law to provide |
| 1645 | a public offering statement, shall include a copy of such |
| 1646 | information relating to the public financing and maintenance of |
| 1647 | improvements in the public offering statement. The Division of |
| 1648 | Florida Land Sales, Condominiums, and Mobile Homes of the |
| 1649 | Department of Business and Professional Regulation shall ensure |
| 1650 | that disclosures made by developers pursuant to chapter 498, |
| 1651 | Florida Statutes, meet the requirements of section 190.009(1), |
| 1652 | Florida Statutes. |
| 1653 | (8) GENERAL POWERS.--The District shall have, and the |
| 1654 | board may exercise, the following general powers: |
| 1655 | (a) To sue and be sued in the name of the District; to |
| 1656 | adopt and use a seal and authorize the use of a facsimile |
| 1657 | thereof; to acquire, by purchase, gift, devise, or otherwise, |
| 1658 | and to dispose of real and personal property, or any estate |
| 1659 | therein; and to make and execute contracts and other instruments |
| 1660 | necessary or convenient to the exercise of its powers. |
| 1661 | (b) To apply for coverage of its employees under the |
| 1662 | Florida Retirement System in the same manner as if such |
| 1663 | employees were state employees, subject to necessary action by |
| 1664 | the District to pay employer contributions into the Florida |
| 1665 | Retirement System Trust Fund. |
| 1666 | (c) To contract for the services of consultants to perform |
| 1667 | planning, engineering, legal, or other appropriate services of a |
| 1668 | professional nature. Such contracts shall be subject to public |
| 1669 | bidding or competitive negotiation requirements as set forth in |
| 1670 | subsection (21). |
| 1671 | (d) To borrow money and accept gifts; to apply for and use |
| 1672 | grants or loans of money or other property from the United |
| 1673 | States, the state, a unit of local government, or any person for |
| 1674 | any District purposes and enter into agreements required in |
| 1675 | connection therewith; and to hold, use, and dispose of such |
| 1676 | moneys or property for any District purposes in accordance with |
| 1677 | the terms of the gift, grant, loan, or agreement relating |
| 1678 | thereto. |
| 1679 | (e) To adopt rules and orders pursuant to the provisions |
| 1680 | of chapter 120, Florida Statutes, as amended from time to time, |
| 1681 | prescribing the powers, duties, and functions of the officers of |
| 1682 | the District; the conduct of the business of the District; the |
| 1683 | maintenance of records; and the form of certificates evidencing |
| 1684 | tax liens and all other documents and records of the District. |
| 1685 | The board may also adopt administrative rules with respect to |
| 1686 | any of the projects of the District and define the area to be |
| 1687 | included therein. The board may also adopt resolutions which may |
| 1688 | be necessary for the conduct of District business. |
| 1689 | (f) To maintain an office at such place or places as the |
| 1690 | Board of Supervisors designates in Collier County, and within |
| 1691 | the District when facilities are available. |
| 1692 | (g) To hold, control, and acquire by donation, purchase, |
| 1693 | or condemnation, or dispose of, any public easements, |
| 1694 | dedications to public use, platted reservations for public |
| 1695 | purposes, or any reservations for those purposes authorized by |
| 1696 | this Act other than public easements conveyed to or accepted by |
| 1697 | Collier County and to make use of such easements, dedications, |
| 1698 | or reservations for the purposes mandated by this Act. |
| 1699 | (h) To lease as lessor or lessee to or from any person, |
| 1700 | firm, corporation, association, or body, public or private, any |
| 1701 | projects of the type that the District is authorized to |
| 1702 | undertake and facilities or property of any nature for the use |
| 1703 | of the District to carry out the purposes mandated by this Act. |
| 1704 | (i) To borrow money and issue bonds, certificates, |
| 1705 | warrants, notes, or other evidence of indebtedness as |
| 1706 | hereinafter provided; to levy such tax and assessments as may be |
| 1707 | authorized; and to charge, collect, and enforce fees and other |
| 1708 | user charges subject as applicable to subsections (10)-(13). |
| 1709 | (j) To raise, by user charges or fees authorized by |
| 1710 | resolution of the board, amounts of money which are necessary |
| 1711 | for the conduct of District activities and services and to |
| 1712 | enforce their receipt and collection in the manner prescribed by |
| 1713 | resolution not inconsistent with law. |
| 1714 | (k) To exercise within the District, or beyond the |
| 1715 | District with prior approval by super majority vote of a |
| 1716 | resolution of the governing body of the county if the taking |
| 1717 | will occur in an unincorporated area, the right and power of |
| 1718 | eminent domain, pursuant to the provisions of chapters 73 and |
| 1719 | 74, Florida Statutes, as they may be amended from time to time, |
| 1720 | over any property within the state, except municipal, county, |
| 1721 | state, and federal property, for the uses and purpose of the |
| 1722 | District relating solely to water, sewer, District roads, and |
| 1723 | water management, specifically including, without limitation, |
| 1724 | the power for the taking of easements for the drainage of the |
| 1725 | land of one person over and through the land of another. |
| 1726 | (l) To cooperate with, or contract with, other |
| 1727 | governmental agencies as may be necessary, convenient, |
| 1728 | incidental, or proper in connection with any of the powers, |
| 1729 | duties, or purposes authorized by this Act. |
| 1730 | (m) To assess and to impose upon lands in the District ad |
| 1731 | valorem taxes as provided and limited by this Act. |
| 1732 | (n) If and when authorized by general law, to determine, |
| 1733 | order, levy, impose, collect, and enforce maintenance taxes. |
| 1734 | (o) To determine, order, levy, impose, collect, and |
| 1735 | enforce assessments pursuant to this Act, which sets forth a |
| 1736 | detailed uniform procedure to implement chapter 170, Florida |
| 1737 | Statutes, and, as an alternative, to determine, order, levy, |
| 1738 | impose, collect, and enforce assessments under and pursuant to |
| 1739 | chapter 170, Florida Statutes, as amended from time to time, |
| 1740 | pursuant to authority granted in section 197.3631, Florida |
| 1741 | Statutes, as amended from time to time, or pursuant to other |
| 1742 | provisions of general law now or hereinafter enacted which |
| 1743 | provide or authorize a supplemental means to impose, levy, and |
| 1744 | collect special assessments. Such special assessments, in the |
| 1745 | discretion of the District, as provided in section 197.3631, |
| 1746 | Florida Statutes, as amended from time to time, may be collected |
| 1747 | and enforced pursuant to the provisions of sections 197.3632 and |
| 1748 | 197.3635, Florida Statutes, and chapters 170 and 173, Florida |
| 1749 | Statutes, as they may be amended from time to time, or as |
| 1750 | provided by this Act. |
| 1751 | (p) To exercise such special powers and other express |
| 1752 | powers as may be authorized and granted by this Act in the |
| 1753 | charter of the District including powers as provided in any |
| 1754 | interlocal agreement entered into pursuant to chapter 163, |
| 1755 | Florida Statutes, as amended from time to time, or which shall |
| 1756 | be required or permitted to be undertaken by the District |
| 1757 | pursuant to any development order or development of regional |
| 1758 | impact, including any interlocal service agreement with Collier |
| 1759 | County for fair-share capital construction funding for any |
| 1760 | certain capital facilities or systems required of the developer |
| 1761 | pursuant to any applicable development order or agreement. |
| 1762 | (q) To exercise all of the powers necessary, convenient, |
| 1763 | incidental, or proper in connection with any other powers or |
| 1764 | duties or the single purpose of the District authorized by this |
| 1765 | Act. |
| 1766 | (r) The provisions of this section on general powers shall |
| 1767 | be construed liberally in order to carry out effectively the |
| 1768 | single specialized purpose of this Act and to secure for the |
| 1769 | District its ability to be innovative in and for the Rural Lands |
| 1770 | Stewardship Overlay. |
| 1771 | (9) SPECIAL POWERS.--The District shall have the following |
| 1772 | special powers to implement its lawful, single, and special |
| 1773 | purpose and to provide, pursuant to that purpose, basic systems, |
| 1774 | facilities, services, improvements, projects, works, and |
| 1775 | infrastructure in and subject to the Stewardship Overlay, each |
| 1776 | of which constitutes a lawful public purpose when exercised |
| 1777 | pursuant to this charter, subject to, and not inconsistent with, |
| 1778 | the regulatory jurisdiction and permitting authority of all |
| 1779 | other applicable governmental bodies, agencies, and any special |
| 1780 | districts having authority with respect to any area included |
| 1781 | therein, and to plan, establish, acquire, construct or |
| 1782 | reconstruct, enlarge or extend, equip, operate, finance, fund, |
| 1783 | and maintain improvements, systems, facilities, services, works, |
| 1784 | projects, and infrastructure. Any or all of the following |
| 1785 | special powers are granted by this Act in order to implement the |
| 1786 | special requirements of this university new town community |
| 1787 | within the Stewardship Overlay and the single special purpose of |
| 1788 | the District: |
| 1789 | (a) Water management and control for the lands within the |
| 1790 | District and to connect some or any of such facilities with |
| 1791 | roads and bridges. In the event that the board assumes the |
| 1792 | responsibility for providing water management and control for |
| 1793 | the District which is to be financed by a benefit special |
| 1794 | assessments, the board shall adopt plans and assessments |
| 1795 | pursuant to law or may proceed to adopt water management and |
| 1796 | control plans, assess for benefits, and apportion and levy |
| 1797 | special assessments, as follows: |
| 1798 | 1. The board shall cause to be made by the District's |
| 1799 | engineer, or such other engineer or engineers as the board may |
| 1800 | employ for that purpose, complete and comprehensive water |
| 1801 | management and control plans for the lands located within the |
| 1802 | District that will be improved in any part or in whole by any |
| 1803 | system of facilities that may be outlined and adopted, and the |
| 1804 | engineer shall make a report in writing to the board with maps |
| 1805 | and profiles of said surveys and an estimate of the cost of |
| 1806 | carrying out and completing the plans. |
| 1807 | 2. Upon the completion of such plans, the board shall hold |
| 1808 | a hearing thereon to hear objections thereto, shall give notice |
| 1809 | of the time and place fixed for such hearing by publication once |
| 1810 | each week for 2 consecutive weeks in a newspaper of general |
| 1811 | circulation in the general area of the District, and shall |
| 1812 | permit the inspection of the plan at the office of the District |
| 1813 | by all persons interested. All objections to the plan shall be |
| 1814 | filed at or before the time fixed in the notice for the hearing |
| 1815 | and shall be in writing. |
| 1816 | 3. After the hearing, the board shall consider the proposed |
| 1817 | plan and any objections thereto and may modify, reject, or adopt |
| 1818 | the plan or continue the hearing until a day certain for further |
| 1819 | consideration of the proposed plan or modifications thereof. |
| 1820 | 4. When the board approves a plan, a resolution shall be |
| 1821 | adopted and a certified copy thereof shall be filed in the |
| 1822 | office of the Secretary and incorporated by him or her into the |
| 1823 | records of the District. |
| 1824 | 5. The water management and control plan may be altered in |
| 1825 | detail from time to time until the appraisal record herein |
| 1826 | provided is filed, but not in such manner as to affect |
| 1827 | materially the conditions of its adoption. After the appraisal |
| 1828 | record has been filed, no alteration of the plan shall be made, |
| 1829 | except as provided by this Act. |
| 1830 | 6. Within 20 days after the final adoption of the plan by |
| 1831 | the board, the board shall proceed pursuant to section 298.301, |
| 1832 | Florida Statutes, as amended from time to time. |
| 1833 | (b) Water supply, sewer, and wastewater management, |
| 1834 | reclamation, and reuse, or any combination thereof, and any |
| 1835 | irrigation systems, facilities, and services and to construct |
| 1836 | and operate connecting intercepting or outlet sewers and sewer |
| 1837 | mains and pipes and water mains, conduits, or pipelines in, |
| 1838 | along, and under any street, alley, highway, or other public |
| 1839 | place or ways, and to dispose of any effluent, residue, or other |
| 1840 | byproducts of such system or sewer system. |
| 1841 | 1. The District may not purchase or sell a water, sewer, |
| 1842 | or wastewater reuse utility that provides service to the public |
| 1843 | for compensation, or enter into a wastewater facility |
| 1844 | privatization contract for a wastewater facility, until the |
| 1845 | governing body of the Stewardship Community District has held a |
| 1846 | public hearing on the purchase, sale, or wastewater facility |
| 1847 | privatization contract and made a determination that the |
| 1848 | purchase, sale, or wastewater facility privatization contract is |
| 1849 | in the public interest. |
| 1850 | 2. In determining if the purchase, sale, or wastewater |
| 1851 | facility privatization contract is in the public interest, the |
| 1852 | Stewardship Community District shall consider, at a minimum, the |
| 1853 | following: |
| 1854 | a. The most recent available income and expense statement |
| 1855 | for the utility; |
| 1856 | b. The most recent available balance sheet for the |
| 1857 | utility, listing assets and liabilities and clearly showing the |
| 1858 | amount of contributions-in-aid-of-construction and the |
| 1859 | accumulated depreciation thereon; |
| 1860 | c. A statement of the existing rate base of the utility |
| 1861 | for regulatory purposes; |
| 1862 | d. The physical condition of the utility facilities being |
| 1863 | purchased, sold, or subject to a wastewater facility |
| 1864 | privatization contract; |
| 1865 | e. The reasonableness of the purchase, sales, or |
| 1866 | wastewater facility privatization contract price and terms; |
| 1867 | f. The impacts of the purchase, sale, or wastewater |
| 1868 | facility privatization contract on utility customers, both |
| 1869 | positive and negative; |
| 1870 | g. Any additional investment required and the ability and |
| 1871 | willingness of the purchaser or the private firm under a |
| 1872 | wastewater facility privatization contract to make that |
| 1873 | investment, whether the purchaser is the District or the entity |
| 1874 | purchasing the utility from the District; |
| 1875 | h. In the case of a wastewater facility privatization |
| 1876 | contract, the terms and conditions on which the private firm |
| 1877 | will provide capital investment and financing or a combination |
| 1878 | thereof for contemplated capital replacements, additions, |
| 1879 | expansions, and repairs. The District shall give significant |
| 1880 | weight to this criteria; |
| 1881 | i. The alternatives to the purchase, sale, or wastewater |
| 1882 | facility privatization contract and the potential impact on |
| 1883 | utility customers if the purchase, sale, or wastewater facility |
| 1884 | privatization contract is not made; |
| 1885 | j. The ability of the purchaser or the private firm under |
| 1886 | a wastewater facility privatization contract to provide and |
| 1887 | maintain high-quality and cost-effective utility service, |
| 1888 | whether the purchaser is the District or the entity purchasing |
| 1889 | the utility from the District; |
| 1890 | k. In the case of a wastewater facility privatization |
| 1891 | contract, the District shall give significant weight to the |
| 1892 | technical expertise and experience of the private firm in |
| 1893 | carrying out the obligations specified in the wastewater |
| 1894 | facility privatization contract; and |
| 1895 | l. All moneys paid by a private firm to a District |
| 1896 | pursuant to a wastewater facility privatization contract shall |
| 1897 | be used for the purpose of reducing or offsetting property |
| 1898 | taxes, wastewater service rates, or debt reduction or making |
| 1899 | infrastructure improvements or capital asset expenditures or |
| 1900 | other public purpose; provided, however, nothing herein shall |
| 1901 | preclude the District from using all or part of the moneys for |
| 1902 | the purpose of the District's qualification for relief from the |
| 1903 | repayment of federal grant awards associated with the wastewater |
| 1904 | system as may be required by federal law or regulation. |
| 1905 |
|
| 1906 | The District shall prepare a statement showing that the |
| 1907 | purchase, sale, or wastewater facility privatization contract is |
| 1908 | in the public interest, including a summary of the purchaser's |
| 1909 | or private firm's experience in water, sewer, or wastewater |
| 1910 | reuse utility operation and a showing of financial ability to |
| 1911 | provide the service, whether the purchaser or private firm is |
| 1912 | the District or the entity purchasing the utility from the |
| 1913 | District. |
| 1914 | (c) Bridges or culverts that may be needed across any |
| 1915 | drain, ditch, canal, floodway, holding basin, excavation, public |
| 1916 | highway, tract, grade, fill, or cut and roadways over levees and |
| 1917 | embankments, and to construct any and all of such works and |
| 1918 | improvements across, through, or over any public right-of-way, |
| 1919 | highway, grade, fill, or cut. |
| 1920 | (d) District roads equal to or exceeding the |
| 1921 | specifications of the county in which such District roads are |
| 1922 | located, and street lights, including conditions of development |
| 1923 | approval which sometimes may be different specifications then |
| 1924 | the normal specifications of the county. This special power |
| 1925 | includes construction, improvement, pavement, and maintenance of |
| 1926 | roadways and roads necessary and convenient for the exercise of |
| 1927 | the powers or duties of the District to: |
| 1928 | 1. Implement its single purpose; |
| 1929 | 2. Include as a component thereof roads, parkways, bridges, |
| 1930 | landscaping, irrigation, bicycle lanes, and jogging paths, |
| 1931 | street lighting, traffic signals, road striping, and all other |
| 1932 | customary elements of a modern road system in general or as tied |
| 1933 | to the conditions of development approval for the specific Ave |
| 1934 | Maria Community Development; and |
| 1935 | 3. Plan, implement, construct or reconstruct, enlarge or |
| 1936 | extend, finance, fund, equip, operate, and maintain parking |
| 1937 | facilities that are freestanding or that may be related to any |
| 1938 | innovative strategic intermodal system of transportation |
| 1939 | pursuant to applicable federal, state, and local law and |
| 1940 | ordinance. |
| 1941 | (e) Buses, trolleys, transit shelters, ridesharing |
| 1942 | facilities and services, parking improvements, and related |
| 1943 | signage. |
| 1944 | (f) Investigation and remediation costs associated with |
| 1945 | the cleanup of actual or perceived environmental contamination |
| 1946 | within the District under the supervision or direction of a |
| 1947 | competent governmental authority unless the covered costs |
| 1948 | benefit any person who is a landowner within the District and |
| 1949 | who caused or contributed to the contamination. |
| 1950 | (g) Conservation areas, mitigation areas, and wildlife |
| 1951 | habitat, including the maintenance of any plant or animal |
| 1952 | species, and any related interest in real or personal property. |
| 1953 | (h) Using its general and special powers as set forth in |
| 1954 | this Act, any other project within or without the boundaries of |
| 1955 | a District when the project is the subject of an agreement |
| 1956 | between the District and the Board of County Commissioners of |
| 1957 | Collier County or with any applicable other public or private |
| 1958 | entity, including a homeowners' association, and is not |
| 1959 | inconsistent with the Collier County Comprehensive Plan, the |
| 1960 | Growth Management Plan, and the Stewardship Overlay which |
| 1961 | implement the single special purpose of the District. |
| 1962 | (i) Parks and facilities for indoor and outdoor |
| 1963 | recreational, cultural, and educational uses. |
| 1964 | (j) Fire prevention and control, including fire stations, |
| 1965 | water mains and plugs, fire trucks, and other vehicles and |
| 1966 | equipment. |
| 1967 | (k) School buildings and related structures, which may be |
| 1968 | leased, sold, or donated to the school district, for use in the |
| 1969 | educational system when authorized by the district school board. |
| 1970 | The Stewardship Community District is granted the special power |
| 1971 | to contract with the Collier County School Board and, as |
| 1972 | applicable, the Board of County Commissioners of Collier County, |
| 1973 | and with the applicable landowner developer of the lands within |
| 1974 | the jurisdiction of the District, to assess the school district |
| 1975 | educational facilities plan, and to implement a management and |
| 1976 | financing plan for timely construction, maintenance, and |
| 1977 | acquisition, at the option of the Stewardship Community |
| 1978 | District, school facilities, including facilities identified in |
| 1979 | the facilities work programs or those proposed by charter |
| 1980 | schools. The Stewardship Community District is granted the |
| 1981 | special power to determine, order, levy, impose, collect, or |
| 1982 | arrange for the collection and enforcement of assessments, as |
| 1983 | defined in and pursuant to this Act for such school facilities. |
| 1984 | The Stewardship Community District created under and by this Act |
| 1985 | is eligible for the financial enhancements available to |
| 1986 | educational facilities benefit districts to provide for |
| 1987 | financing the construction and maintenance of educational |
| 1988 | facilities pursuant to section 1013.356, Florida Statutes, and, |
| 1989 | if and when authorized by general law, to acquire such |
| 1990 | educational facilities. This Act, in the place of an educational |
| 1991 | facilities benefit district, authorizes the Collier County |
| 1992 | School Board to designate the Ave Maria Stewardship Community |
| 1993 | District. The Stewardship Community District is authorized to |
| 1994 | enter into an interlocal agreement with the Collier County |
| 1995 | School Board and, as applicable, the Board of County |
| 1996 | Commissioners of Collier County and applicable private |
| 1997 | landowners and developers, and the Ave Maria University in order |
| 1998 | to provide for such construction, maintenance, and acquisition |
| 1999 | and in order to receive the applicable financial enhancements |
| 2000 | provided by section 1013.356, Florida Statutes. The interlocal |
| 2001 | agreement shall among other things consider absorption rates, |
| 2002 | sales rates, and related data of existing and projected schools, |
| 2003 | racial, ethnic, social, and economic balance within the Collier |
| 2004 | County School District under applicable state and federal law |
| 2005 | and the provision of school attendance zones to allow students |
| 2006 | residing within a reasonable distance of the facilities |
| 2007 | constructed and financed through the interlocal agreement to |
| 2008 | attend such facilities. It is provided, because these |
| 2009 | facilities are funded by assessments and not by taxes of any |
| 2010 | type, that the provision of these facilities may be multiuse |
| 2011 | and, consistent with the provisions of this Act, shall be first |
| 2012 | liens on the property upon a showing of special and peculiar |
| 2013 | benefits that flow to the applicable property as a logical |
| 2014 | connection from the systems, facilities, and services, resulting |
| 2015 | in added use, enhanced enjoyment, decreased insurance premiums, |
| 2016 | or enhanced value in marketability so that the Legislature finds |
| 2017 | that the provisions of the Florida Constitution for free public |
| 2018 | schools are implemented and enhanced. |
| 2019 | (l) Security, including, but not limited to, guardhouses, |
| 2020 | fences, and gates, electronic intrusion-detection systems, and |
| 2021 | patrol cars, when authorized by proper governmental agencies; |
| 2022 | except that the District may not exercise any powers of a law |
| 2023 | enforcement agency, but may contract with the appropriate local |
| 2024 | general-purpose government agencies for an increased level of |
| 2025 | such services within the District boundaries. Notwithstanding |
| 2026 | any provision of general law, the District may operate |
| 2027 | guardhouses for the limited purpose of providing security for |
| 2028 | the residents of the District and which serve a predominate |
| 2029 | public, as opposed to private, purpose. Such guardhouses shall |
| 2030 | be operated by the District or any other unit of local |
| 2031 | government pursuant to procedures designed to serve such |
| 2032 | security purposes as set forth in rules adopted by the board, |
| 2033 | from time to time, following the procedures set froth in chapter |
| 2034 | 120, Florida Statutes, as amended from time to time. |
| 2035 | (m) Control and elimination of mosquitoes and other |
| 2036 | arthropods of public health importance. |
| 2037 | (n) Waste, waste collection, and disposal. |
| 2038 | (o) To enter into impact fee credit agreements with |
| 2039 | Collier County. Under such agreements, where the District |
| 2040 | constructs or makes contributions for public systems, |
| 2041 | facilities, services, projects, improvements, works, and |
| 2042 | infrastructures for which impact fee credits would be available |
| 2043 | to the landowner developer under the Collier County applicable |
| 2044 | impact fee ordinance, the agreement authorized by this Act shall |
| 2045 | provide such impact fee credit shall inure to the landowners |
| 2046 | within the District in proportion to assessments or other |
| 2047 | burdens levied and imposed upon the landowners with respect to |
| 2048 | assessable improvements giving rise to such impact fee credits, |
| 2049 | and the District shall from time to time execute such |
| 2050 | instruments, such as assignments of impact fee credits, as may |
| 2051 | be necessary, appropriate, or desirable to accomplish or to |
| 2052 | confirm the foregoing. |
| 2053 | (p) To establish and create, at noticed meetings, such |
| 2054 | government departments of the Board of Supervisors of the |
| 2055 | District, as well as committees, task forces, boards, or |
| 2056 | commissions, or other agencies under the supervision and control |
| 2057 | of the District, as from time to time the members of the Board |
| 2058 | of Supervisors may deem necessary or desirable in the |
| 2059 | performance of the acts or other things necessary to exercise |
| 2060 | its general or special powers to implement an innovative project |
| 2061 | to carry out the special purpose of the District as provided in |
| 2062 | this Act and to delegate the exercise of its powers to such |
| 2063 | departments, boards, task forces, committees, or other agencies |
| 2064 | such administrative duties and other powers as the Board of |
| 2065 | Supervisors may deem necessary or desirable but only if there is |
| 2066 | a set of expressed limitations for accountability, notice, and |
| 2067 | periodic written reporting to the Board of Supervisors which |
| 2068 | shall retain its powers. |
| 2069 | (q) Consistent with stewardship of the Rural Lands |
| 2070 | Stewardship Area Zoning Overlay District and so long as not |
| 2071 | inconsistent with the applicable local government comprehensive |
| 2072 | plan and development entitlements, the District may coordinate |
| 2073 | with the landowner developer and with the university on the |
| 2074 | phasing of the delivery of infrastructure and may create phase |
| 2075 | entities or units for its charter purpose. Toward this end, and |
| 2076 | so long as it implements the purpose of the District under this |
| 2077 | Act, the Board of Supervisors may designate units of development |
| 2078 | and adopt systems of progressive phased development by units |
| 2079 | with related management planning, implementation, construction, |
| 2080 | maintenance, and financing within its phased unit. If the Board |
| 2081 | of Supervisors proceeds to designate such phased units of |
| 2082 | development, it must adopt at a noticed meeting pursuant to |
| 2083 | chapter 120, Florida Statutes, as amended from time to time, a |
| 2084 | rule setting forth detailed procedures and authorizations for |
| 2085 | such phase unit processes. A committee, department, or agency of |
| 2086 | the board shall be given express duty of oversight with monthly |
| 2087 | written reports to the Board of Supervisors. No such phased |
| 2088 | units can begin or operate until or unless the required noticed |
| 2089 | rule has been adopted. With regard to any phased unit, there |
| 2090 | shall be no bonded indebtedness and no levy of any lienable or |
| 2091 | nonlienable revenue, whether to amortize bonds or not, within |
| 2092 | the boundary of a phrased unit other than by the Board of |
| 2093 | Supervisors and pursuant to the powers, procedures, and |
| 2094 | provisions of this Act and other applicable laws. |
| 2095 | (r) To plan, establish, acquire, construct, or |
| 2096 | reconstruct, enlarge or extend, equip, operate, maintain, |
| 2097 | finance and fund buildings and structures for District offices, |
| 2098 | maintenance facilities, meeting facilities, town centers or any |
| 2099 | other project authorized or granted by this Act upon a showing |
| 2100 | at a noticed meeting of its efficacy to the specialized single |
| 2101 | purpose of this District for the new university town community |
| 2102 | in the Rural Lands Stewardship Zoning Overlay District. |
| 2103 | (s) To plan, establish, acquire, construct or reconstruct, |
| 2104 | enlarge or extend, equip, operate, maintain, finance, and fund |
| 2105 | edifices and facilities for the provision of healthcare, and to |
| 2106 | include the operation of any one or more of such facilities when |
| 2107 | authorized by applicable public or private agencies providing |
| 2108 | healthcare and upon a showing of efficacy to carryout the |
| 2109 | purpose of the District in the Rural Lands Stewardship Zoning |
| 2110 | Overlay District. |
| 2111 | (t) To enter into an agreement with the Ave Maria |
| 2112 | University, upon a showing of efficacy in implementing the |
| 2113 | single specialized purpose of the District in the Stewardship |
| 2114 | Overlay, for the planning, establishment, acquisition, |
| 2115 | construction or reconstruction, enlarging or extending, |
| 2116 | equipping, operating, maintaining, financing, and funding of any |
| 2117 | innovative system, facility, or service constituting a project |
| 2118 | as defined in this Act. |
| 2119 | (u) To adopt and enforce appropriate rules following the |
| 2120 | procedures of chapter 120, Florida Statutes, in connection with |
| 2121 | the provisions of one or more its systems, facilities, services, |
| 2122 | projects, improvements, works, and infrastructure. |
| 2123 | (v) The enumeration of special powers herein shall not be |
| 2124 | deemed exclusive or restrictive, but shall be deemed to |
| 2125 | incorporate all powers express or implied necessary or incident |
| 2126 | to carrying out such enumerated special powers, including also |
| 2127 | the general powers provided by this special act charter to the |
| 2128 | District to implement its single purpose. |
| 2129 | (w) The provisions of this section on special powers shall |
| 2130 | be construed liberally in order to carry out effectively the |
| 2131 | single purpose of this District under this Act and to secure for |
| 2132 | the District its ability to be innovative in and for the Rural |
| 2133 | Lands Stewardship Overlay. |
| 2134 | (10) ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to |
| 2135 | the other powers provided for in this Act, and not in limitation |
| 2136 | thereof, the District shall have the power, at any time, and |
| 2137 | from time to time after the issuance of any bonds of the |
| 2138 | District shall have been authorized, to borrow money for the |
| 2139 | purposes for which such bonds are to be issued in anticipation |
| 2140 | of the receipt of the proceeds of the sale of such bonds and to |
| 2141 | issue bond anticipation notes in a principal sum not in excess |
| 2142 | of the authorized maximum amount of such bond issue. Such notes |
| 2143 | shall be in such denomination or denominations, bear interest at |
| 2144 | such rate as the board may determine not to exceed the maximum |
| 2145 | rate allowed by general law, mature at such time or times not |
| 2146 | later than 5 years from the date of issuance, and be in such |
| 2147 | form and executed in such manner as the board shall prescribe. |
| 2148 | Such notes may be sold at either public or private sale or, if |
| 2149 | such notes shall be renewal notes, may be exchanged for notes |
| 2150 | then outstanding on such terms as the board shall determine. |
| 2151 | Such notes shall be paid from the proceeds of such bonds when |
| 2152 | issued. The board may, in its discretion, in lieu of retiring |
| 2153 | the notes by means of bonds, retire them by means of current |
| 2154 | revenues or from any taxes or assessments levied for the payment |
| 2155 | of such bonds, but in such event a like amount of the bonds |
| 2156 | authorized shall not be issued. |
| 2157 | (11) SHORT-TERM BORROWING.--The District at any time may |
| 2158 | obtain loans, in such amount and on such terms and conditions as |
| 2159 | the board may approve, for the purpose of paying any of the |
| 2160 | expenses of the District or any costs incurred or that may be |
| 2161 | incurred in connection with any of the projects of the District, |
| 2162 | which loans shall bear interest as the board determines as not |
| 2163 | to exceed the maximum rate allowed by general law, and may be |
| 2164 | payable from and secured by a pledge of such funds, revenues, |
| 2165 | taxes, and assessments as the board may determine, subject, |
| 2166 | however, to the provisions contained in any proceeding under |
| 2167 | which bonds were theretofore issued and are then outstanding. |
| 2168 | For the purpose of defraying such costs and expenses, the |
| 2169 | District may issue negotiable notes, warrants, or other |
| 2170 | evidences of debt to be payable at such times, to bear such |
| 2171 | interest as the board may determine, not to exceed the maximum |
| 2172 | rate allowed by general law, and to be sold or discounted at |
| 2173 | such price or prices not less than 95 percent of par value and |
| 2174 | on such terms as the board may deem advisable. The board shall |
| 2175 | have the right to provide for the payment thereof by pledging |
| 2176 | the whole or any part of the funds, revenues, taxes, and |
| 2177 | assessments of the District. The approval of the electors |
| 2178 | residing in the District shall not be necessary except when |
| 2179 | required by the State Constitution. |
| 2180 | (12) BONDS.-- |
| 2181 | (a) Sale of bonds.--Bonds may be sold in blocks or |
| 2182 | installments at different times, or an entire issue or series |
| 2183 | may be sold at one time. Bonds may be sold at public or private |
| 2184 | sale after such advertisement, if any, as the board may deem |
| 2185 | advisable but not in any event at less than 90 percent of the |
| 2186 | par value thereof, together with accrued interest thereon. Bonds |
| 2187 | may be sold or exchanged for refunding bonds. Special assessment |
| 2188 | and revenue bonds may be delivered by the District as payment of |
| 2189 | the purchase price of any project or part thereof, or a |
| 2190 | combination of projects or parts thereof, or as the purchase |
| 2191 | price or exchange for any property, real, personal, or mixed, |
| 2192 | including franchises or services rendered by any contractor, |
| 2193 | engineer, or other person, all at one time or in blocks from |
| 2194 | time to time, in such manner and upon such terms as the board in |
| 2195 | its discretion shall determine. The price or prices for any |
| 2196 | bonds sold, exchanged, or delivered may be: |
| 2197 | 1. The money paid for the bonds; |
| 2198 | 2. The principal amount, plus accrued interest to the date |
| 2199 | of redemption or exchange, or outstanding obligations exchanged |
| 2200 | for refunding bonds; and |
| 2201 | 3. In the case of special assessment or revenue bonds, the |
| 2202 | amount of any indebtedness to contractors or other persons paid |
| 2203 | with such bonds, or the fair value of any properties exchanged |
| 2204 | for the bonds, as determined by the board. |
| 2205 | (b) Authorization and form of bonds.--Any general |
| 2206 | obligation bonds, special assessment bonds, or revenue bonds may |
| 2207 | be authorized by resolution or resolutions of the board which |
| 2208 | shall be adopted by a majority of all the members thereof then |
| 2209 | in office. Such resolution or resolutions may be adopted at the |
| 2210 | same meeting at which they are introduced and need not be |
| 2211 | published or posted. The board may, by resolution, authorize the |
| 2212 | issuance of bonds and fix the aggregate amount of bonds to be |
| 2213 | issued; the purpose or purposes for which the moneys derived |
| 2214 | therefrom shall be expended, including, but not limited to, |
| 2215 | payment of costs as defined in section 2 (6)(j); the rate or |
| 2216 | rates of interest, not to exceed the maximum rate allowed by |
| 2217 | general law; the denomination of the bonds; whether or not the |
| 2218 | bonds are to be issued in one or more series; the date or dates |
| 2219 | of maturity, which shall not exceed 40 years from their |
| 2220 | respective dates of issuance; the medium of payment; the place |
| 2221 | or places within or without the state where payment shall be |
| 2222 | made; registration privileges; redemption terms and privileges, |
| 2223 | whether with or without premium; the manner of execution; the |
| 2224 | form of the bonds, including any interest coupons to be attached |
| 2225 | thereto; the manner of execution of bonds and coupons; and any |
| 2226 | and all other terms, covenants, and conditions thereof and the |
| 2227 | establishment of revenue or other funds. Such authorizing |
| 2228 | resolution or resolutions may further provide for the contracts |
| 2229 | authorized by section 159.825(1)(f) and (g), Florida Statutes, |
| 2230 | as amended from time to time, regardless of the tax treatment of |
| 2231 | such bonds being authorized, subject to the finding by the board |
| 2232 | of a net saving to the District resulting by reason thereof. |
| 2233 | Such authorizing resolution may further provide that such bonds |
| 2234 | may be executed in accordance with the Registered Public |
| 2235 | Obligations Act, except that bonds not issued in registered form |
| 2236 | shall be valid if manually countersigned by an officer |
| 2237 | designated by appropriate resolution of the board. The seal of |
| 2238 | the District may be affixed, lithographed, engraved, or |
| 2239 | otherwise reproduced in facsimile on such bonds. In case any |
| 2240 | officer whose signature shall appear on any bonds or coupons |
| 2241 | shall cease to be such officer before the delivery of such |
| 2242 | bonds, such signature or facsimile shall nevertheless be valid |
| 2243 | and sufficient for all purposes the same as if he or she had |
| 2244 | remained in office until such delivery. |
| 2245 | (c) Interim certificates; replacement |
| 2246 | certificates.--Pending the preparation of definitive bonds, the |
| 2247 | board may issue interim certificates or receipts or temporary |
| 2248 | bonds, in such form and with such provisions as the board may |
| 2249 | determine, exchangeable for definitive bonds when such bonds |
| 2250 | have been executed and are available for delivery. The board may |
| 2251 | also provide for the replacement of any bonds which become |
| 2252 | mutilated, lost, or destroyed. |
| 2253 | (d) Negotiability of bonds.--Any bond issued under this |
| 2254 | Act or any temporary bond, in the absence of an express recital |
| 2255 | on the face thereof that it is nonnegotiable, shall be fully |
| 2256 | negotiable and shall be and constitute a negotiable instrument |
| 2257 | within the meaning and for all purposes of the law merchant and |
| 2258 | the laws of the state. |
| 2259 | (e) Defeasance.--The board may make such provision with |
| 2260 | respect to the defeasance of the right, title, and interest of |
| 2261 | the holders of any of the bonds and obligations of the District |
| 2262 | in any revenues, funds, or other properties by which such bonds |
| 2263 | are secured as the board deems appropriate and, without |
| 2264 | limitation on the foregoing, may provide that when such bonds or |
| 2265 | obligations become due and payable or shall have been called for |
| 2266 | redemption and the whole amount of the principal and interest |
| 2267 | and premium, if any, due and payable upon the bonds or |
| 2268 | obligations then outstanding shall be held in trust for such |
| 2269 | purpose and provision shall also be made for paying all other |
| 2270 | sums payable in connection with such bonds or other obligations, |
| 2271 | then and in such event the right, title, and interest of the |
| 2272 | holders of the bonds in any revenues, funds, or other properties |
| 2273 | by which such bonds are secured shall thereupon cease, |
| 2274 | terminate, and become void; and the board may apply any surplus |
| 2275 | in any sinking fund established in connection with such bonds or |
| 2276 | obligations and all balances remaining in all other funds or |
| 2277 | accounts other than moneys held for the redemption or payment of |
| 2278 | the bonds or other obligations to any lawful purpose of the |
| 2279 | District as the board shall determine. |
| 2280 | (f) Issuance of additional bonds.--If the proceeds of any |
| 2281 | bonds are less than the cost of completing the project in |
| 2282 | connection with which such bonds were issued, the board may |
| 2283 | authorize the issuance of additional bonds, upon such terms and |
| 2284 | conditions as the board may provide in the resolution |
| 2285 | authorizing the issuance thereof, but only in compliance with |
| 2286 | the resolution or other proceedings authorizing the issuance of |
| 2287 | the original bonds. |
| 2288 | (g) Refunding bonds.--The District shall have the power to |
| 2289 | issue bonds to provide for the retirement or refunding of any |
| 2290 | bonds or obligations of the District that at the time of such |
| 2291 | issuance are or subsequent thereto become due and payable, or |
| 2292 | that at the time of issuance have been called or are or will be |
| 2293 | subject to call for redemption within 10 years thereafter, or |
| 2294 | the surrender of which can be procured from the holders thereof |
| 2295 | at prices satisfactory to the board. Refunding bonds may be |
| 2296 | issued at any time when in the judgment of the board such |
| 2297 | issuance will be advantageous to the District. No approval of |
| 2298 | the qualified electors residing in the District shall be |
| 2299 | required for the issuance of refunding bonds except in cases in |
| 2300 | which such approval is required by the State Constitution. The |
| 2301 | board may by resolution confer upon the holders of such |
| 2302 | refunding bonds all rights, powers, and remedies to which the |
| 2303 | holders would be entitled if they continued to be the owners and |
| 2304 | had possession of the bonds for the refinancing of which such |
| 2305 | refunding bonds are issued, including, but not limited to, the |
| 2306 | preservation of the lien of such bonds on the revenues of any |
| 2307 | project or on pledged funds, without extinguishment, impairment, |
| 2308 | or diminution thereof. The provisions of this Act pertaining to |
| 2309 | bonds of the District shall, unless the context otherwise |
| 2310 | requires, govern the issuance of refunding bonds, the form and |
| 2311 | other details thereof, the rights of the holders thereof, and |
| 2312 | the duties of the board with respect to them. |
| 2313 | (h) Revenue bonds.-- |
| 2314 | 1. The District shall have the power to issue revenue |
| 2315 | bonds from time to time without limitation as to amount. Such |
| 2316 | revenue bonds may be secured by, or payable from, the gross or |
| 2317 | net pledge of the revenues to be derived from any project or |
| 2318 | combination of projects; from the rates, fees, or other charges |
| 2319 | to be collected from the users of any project or projects; from |
| 2320 | any revenue-producing undertaking or activity of the District; |
| 2321 | from special assessments; or from benefit special assessments; |
| 2322 | or from any other source or pledged security. Such bonds shall |
| 2323 | not constitute an indebtedness of the District, and the approval |
| 2324 | of the qualified electors shall not be required unless such |
| 2325 | bonds are additionally secured by the full faith and credit and |
| 2326 | taxing power of the District. |
| 2327 | 2. Any two or more projects may be combined and |
| 2328 | consolidated into a single project and may hereafter be operated |
| 2329 | and maintained as a single project. The revenue bonds authorized |
| 2330 | herein may be issued to finance any one or more of such |
| 2331 | projects, regardless of whether or not such projects have been |
| 2332 | combined and consolidated into a single project. If the board |
| 2333 | deems it advisable, the proceedings authorizing such revenue |
| 2334 | bonds may provide that the District may thereafter combine the |
| 2335 | projects then being financed or theretofore financed with other |
| 2336 | projects to be subsequently financed by the District and that |
| 2337 | revenue bonds to be thereafter issued by the District shall be |
| 2338 | on parity with the revenue bonds then being issued, all on such |
| 2339 | terms, conditions, and limitations as shall have been provided |
| 2340 | in the proceeding which authorized the original bonds. |
| 2341 | (i) General obligation bonds.-- |
| 2342 | 1. Subject to the limitations of this charter, the |
| 2343 | District shall have the power from time to time to issue general |
| 2344 | obligation bonds to finance or refinance capital projects or to |
| 2345 | refund outstanding bonds in an aggregate principal amount of |
| 2346 | bonds outstanding at any one time not in excess of 35 percent of |
| 2347 | the assessed value of the taxable property within the District |
| 2348 | as shown on the pertinent tax records at the time of the |
| 2349 | authorization of the general obligation bonds for which the full |
| 2350 | faith and credit of the District is pledged. Except for |
| 2351 | refunding bonds, no general obligation bonds shall be issued |
| 2352 | unless the bonds are issued to finance or refinance a capital |
| 2353 | project and the issuance has been approved at an election held |
| 2354 | in accordance with the requirements for such election as |
| 2355 | prescribed by the State Constitution. Such elections shall be |
| 2356 | called to be held in the District by the board of county |
| 2357 | commissioners of the county upon the request of the board of the |
| 2358 | District. The expenses of calling and holding an election shall |
| 2359 | be at the expense of the District, and the District shall |
| 2360 | reimburse the county for any expenses incurred in calling or |
| 2361 | holding such election. |
| 2362 | 2. The District may pledge its full faith and credit for |
| 2363 | the payment of the principal and interest on such general |
| 2364 | obligation bonds and for any reserve funds provided therefore |
| 2365 | and may unconditionally and irrevocably pledge itself to levy ad |
| 2366 | valorem taxes on all taxable property in the District, to the |
| 2367 | extent necessary for the payment thereof, without limitations as |
| 2368 | to rate or amount. |
| 2369 | 3. If the board determines to issue general obligation |
| 2370 | bonds for more than one capital project, the approval of the |
| 2371 | issuance of the bonds for each and all such projects may be |
| 2372 | submitted to the electors on one and the same ballot. The |
| 2373 | failure of the electors to approve the issuance of bonds for any |
| 2374 | one or more capital projects shall not defeat the approval of |
| 2375 | bonds for any capital project which has been approved by the |
| 2376 | electors. |
| 2377 | 4. In arriving at the amount of general obligation bonds |
| 2378 | permitted to be outstanding at any one time pursuant to |
| 2379 | subparagraph 1., there shall not be included any general |
| 2380 | obligation bonds which are additionally secured by the pledge |
| 2381 | of: |
| 2382 | a. Any assessments levied in an amount sufficient to pay |
| 2383 | the principal and interest on the general obligation bonds so |
| 2384 | additionally secured, which assessments have been equalized and |
| 2385 | confirmed by resolution of the board pursuant to this Act or |
| 2386 | section 170.08, Florida Statutes. |
| 2387 | b. Water revenues, sewer revenues, or water and sewer |
| 2388 | revenues of the District to be derived from user fees in an |
| 2389 | amount sufficient to pay the principal and interest on the |
| 2390 | general obligation bonds so additionally secured. |
| 2391 | c. Any combination of assessments and revenues described |
| 2392 | in sub-subparagraphs a. and b. |
| 2393 | (j) Bonds as legal investment or security.-- |
| 2394 | 1. Notwithstanding any provisions of any other law to the |
| 2395 | contrary, all bonds issued under the provisions of this Act |
| 2396 | shall constitute legal investments for savings banks, banks, |
| 2397 | trust companies, insurance companies, executors, administrators, |
| 2398 | trustees, guardians, and other fiduciaries and for any board, |
| 2399 | body, agency, instrumentality, county, municipality, or other |
| 2400 | political subdivision of the state and shall be and constitute |
| 2401 | security which may be deposited by banks or trust companies as |
| 2402 | security for deposits of state, county, municipal, or other |
| 2403 | public funds or by insurance companies as required or voluntary |
| 2404 | statutory deposits. |
| 2405 | 2. Any bonds issued by the District shall be incontestable |
| 2406 | in the hands of bona fide purchasers or holders for value and |
| 2407 | shall not be invalid because of any irregularity or defect in |
| 2408 | the proceedings for the issue and sale thereof. |
| 2409 | (k) Covenants.--Any resolution authorizing the issuance of |
| 2410 | bonds may contain such covenants as the board may deem |
| 2411 | advisable, and all such covenants shall constitute valid and |
| 2412 | legally binding and enforceable contracts between the District |
| 2413 | and the bondholders, regardless of the time of issuance thereof. |
| 2414 | Such covenants may include, without limitation, covenants |
| 2415 | concerning the disposition of the bond proceeds; the use and |
| 2416 | disposition of project revenues; the pledging of revenues, |
| 2417 | taxes, and assessments; the obligations of the District with |
| 2418 | respect to the operation of the project and the maintenance of |
| 2419 | adequate project revenues; the issuance of additional bonds; the |
| 2420 | appointment, powers, and duties of trustees and receivers; the |
| 2421 | acquisition of outstanding bonds and obligations; restrictions |
| 2422 | on the establishing of competing projects or facilities; |
| 2423 | restrictions on the sale or disposal of the assets and property |
| 2424 | of the District; the priority of assessment liens; the priority |
| 2425 | of claims by bondholders on the taxing power of the District; |
| 2426 | the maintenance of deposits to ensure the payment of revenues by |
| 2427 | users of District facilities and services; the discontinuance of |
| 2428 | District services by reason of delinquent payments; acceleration |
| 2429 | upon default; the execution of necessary instruments; the |
| 2430 | procedure for amending or abrogating covenants with the |
| 2431 | bondholders; and such other covenants as may be deemed necessary |
| 2432 | or desirable for the security of the bondholders. |
| 2433 | (l) Validation proceedings.--The power of the District to |
| 2434 | issue bonds under the provisions of this Act may be determined, |
| 2435 | and any of the bonds of the District maturing over a period of |
| 2436 | more than 5 years shall be validated and confirmed, by court |
| 2437 | decree, under the provisions of chapter 75, Florida Statutes, |
| 2438 | and laws amendatory thereof or supplementary thereto. |
| 2439 | (m) Tax exemption.--To the extent allowed by general law, |
| 2440 | all bonds issued hereunder and interest paid thereon and all |
| 2441 | fees, charges, and other revenues derived by the District from |
| 2442 | the projects provided by this Act are exempt from all taxes by |
| 2443 | the state or by any political subdivision, agency, or |
| 2444 | instrumentality thereof; however, any interest, income, or |
| 2445 | profits on debt obligations issued hereunder are not exempt from |
| 2446 | the tax imposed by chapter 220, Florida Statutes. Further, the |
| 2447 | District is not exempt from the provisions of chapter 212, |
| 2448 | Florida Statutes. |
| 2449 | (n) Application of section 189.4085, Florida |
| 2450 | Statutes.--Bonds issued by the District shall meet on the |
| 2451 | criteria set forth in section 189.4085, Florida Statutes, as |
| 2452 | amended from time to time. |
| 2453 | (o) Act furnishes full authority for issuance of |
| 2454 | bonds.--This Act constitutes full and complete authority for the |
| 2455 | issuance of bonds and the exercise of the powers of the District |
| 2456 | provided herein. No procedures or proceedings, publications, |
| 2457 | notices, consents, approvals, orders, acts, or things by the |
| 2458 | board, or any board, officer, commission, department, agency, or |
| 2459 | instrumentality of the District, other than those required by |
| 2460 | this Act, shall be required to perform anything under this Act, |
| 2461 | except that the issuance or sale of bonds pursuant to the |
| 2462 | provisions of this Act shall comply with the general law |
| 2463 | requirements applicable to the issuance or sale of bonds by the |
| 2464 | District. Nothing in this Act shall be construed to authorize |
| 2465 | the District to utilize bond proceeds to fund the ongoing |
| 2466 | operations of the District. |
| 2467 | (p) Pledge by the state to the bondholders of the |
| 2468 | District.--The state pledges to the holders of any bonds issued |
| 2469 | under this Act that it will not limit or alter the rights of the |
| 2470 | District to own, acquire, construct, reconstruct, improve, |
| 2471 | maintain, operate, or furnish the projects or to levy and |
| 2472 | collect the taxes, assessments, rentals, rates, fees, and other |
| 2473 | charges provided for herein and to fulfill the terms of any |
| 2474 | agreement made with the holders of such bonds or other |
| 2475 | obligations and that it will not in any way impair the rights or |
| 2476 | remedies of such holders. |
| 2477 | (q) Default.--A default on the bonds or obligations of a |
| 2478 | District shall not constitute a debt or obligation of the state |
| 2479 | or any general purpose local government or the state. |
| 2480 | (13) TRUST AGREEMENTS.--Any issue of bonds shall be |
| 2481 | secured by a trust agreement by and between the District and a |
| 2482 | corporate trustee or trustees, which may be any trust company or |
| 2483 | bank having the powers of a trust company within or without the |
| 2484 | state. The resolution authorizing the issuance of the bonds or |
| 2485 | such trust agreement may pledge the revenues to be received from |
| 2486 | any projects of the District and may contain such provisions for |
| 2487 | protecting and enforcing the rights and remedies of the |
| 2488 | bondholders as the board may approve, including, without |
| 2489 | limitation, covenants setting forth the duties of the District |
| 2490 | in relation to: the acquisition, construction, reconstruction, |
| 2491 | improvement, maintenance, repair, operation, and insurance of |
| 2492 | any projects; the fixing and revising of the rates, fees, and |
| 2493 | charges; and the custody, safeguarding, and application of all |
| 2494 | moneys and for the employment of consulting engineers in |
| 2495 | connection with such acquisition, construction, reconstruction, |
| 2496 | improvement, maintenance, repair, or operation. It shall be |
| 2497 | lawful for any bank or trust company within or without the state |
| 2498 | which may act as a depository of the proceeds of bonds or of |
| 2499 | revenues to furnish such indemnifying bonds or to pledge such |
| 2500 | securities as may be required by the District. Such resolution |
| 2501 | or trust agreement may set forth the rights and remedies of the |
| 2502 | bondholders and of the trustee, if any, and may restrict the |
| 2503 | individual right of action by bondholders. The board may provide |
| 2504 | for the payment of proceeds of the sale of the bonds and the |
| 2505 | revenues of any project to such officer, board, or depository as |
| 2506 | it may designate for the custody thereof and may provide for the |
| 2507 | method of disbursement thereof with such safeguards and |
| 2508 | restrictions as it may determine. All expenses incurred in |
| 2509 | carrying out the provisions of such resolution or trust |
| 2510 | agreement may be treated as part of the cost of operation of the |
| 2511 | project to which such trust agreement pertains. |
| 2512 | (14) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL |
| 2513 | ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL |
| 2514 | ASSESSMENTS; MAINTENANCE TAXES.-- |
| 2515 | (a) Ad valorem taxes.--An elected board shall have the |
| 2516 | power to levy and assess an ad valorem tax on all the taxable |
| 2517 | property in the District to construct, operate, and maintain |
| 2518 | assessable improvements; to pay the principal of, and interest |
| 2519 | on, any general obligation bonds of the District; and to provide |
| 2520 | for any sinking or other funds established in connection with |
| 2521 | any such bonds. An ad valorem tax levied by the board for |
| 2522 | operating purposes, exclusive of debt service on bonds, shall |
| 2523 | not exceed 3 mills. The ad valorem tax provided for herein shall |
| 2524 | be in addition to county and all other ad valorem taxes provided |
| 2525 | for by law. Such tax shall be assessed, levied, and collected in |
| 2526 | the same manner and same time as county taxes. The levy of ad |
| 2527 | valorem taxes shall be approved by referendum when required by |
| 2528 | the State Constitution. |
| 2529 | (b) Benefit special assessments.--The board annually shall |
| 2530 | determine, order, and levy the annual installment of the total |
| 2531 | benefit special assessments for bonds issued and related |
| 2532 | expenses to finance assessable improvements. These assessments |
| 2533 | may be due and collected during each year that county taxes are |
| 2534 | due and collected, in which case such annual installment and |
| 2535 | levy shall be evidenced to and certified to the property |
| 2536 | appraiser by the board not later than August 31 of each year. |
| 2537 | Such assessment shall be entered by the property appraiser on |
| 2538 | the county tax rolls and shall be collected and enforced by the |
| 2539 | tax collector in the same manner and at the same time as county |
| 2540 | taxes, and the proceeds thereof shall be paid to the District. |
| 2541 | However, this subsection shall not prohibit the District in its |
| 2542 | discretion from using the method prescribed in either section |
| 2543 | 197.3632 or chapter 173, Florida Statutes, as each may be |
| 2544 | amended from time to time, for collecting and enforcing these |
| 2545 | assessments. Each annual installment of benefit special |
| 2546 | assessments shall be a lien on the property against which |
| 2547 | assessed until paid and shall be enforceable in like manner as |
| 2548 | county taxes. The amount of the assessment for the exercise of |
| 2549 | the District's powers under subsections (8) and (9) shall be |
| 2550 | determined by the board based upon a report of the District's |
| 2551 | engineer and assessed by the board upon such lands, which may be |
| 2552 | part or all of the lands within the District benefited by the |
| 2553 | improvement, apportioned between benefited lands in proportion |
| 2554 | to the benefits received by each tract of land. The board may, |
| 2555 | if it determines it is in the best interests of the District, |
| 2556 | set forth in the proceedings initially levying such benefit |
| 2557 | special assessments or in subsequent proceedings a formula for |
| 2558 | the determination of an amount, which when paid by a taxpayer |
| 2559 | with respect to any tax parcel, shall constitute a prepayment of |
| 2560 | all future annual installments of such benefit special |
| 2561 | assessments and that the payment of which amount with respect to |
| 2562 | such tax parcel shall relieve and discharge such tax parcel of |
| 2563 | the lien of such benefit special assessments and any subsequent |
| 2564 | annual installment thereof. The board may provide further that |
| 2565 | upon delinquency in the payment of any annual installment of |
| 2566 | benefit special assessments, the prepayment amount of all future |
| 2567 | annual installments of benefit special assessments as determined |
| 2568 | in the preceding sentence shall be and become immediately due |
| 2569 | and payable together with such delinquent annual installment. |
| 2570 | (c) Non-ad valorem maintenance taxes.--If and when |
| 2571 | authorized by general law, to maintain and to preserve the |
| 2572 | physical facilities and services constituting the works, |
| 2573 | improvements, or infrastructure provided by the District |
| 2574 | pursuant to this Act, to repair and restore any one or more of |
| 2575 | them, when needed, and to defray the current expenses of the |
| 2576 | District, including any sum which may be required to pay state |
| 2577 | and county ad valorem taxes on any lands which may have been |
| 2578 | purchased and which are held by the District under the |
| 2579 | provisions of this Act, the Board of Supervisors may, upon the |
| 2580 | completion of said systems, facilities, services, works, |
| 2581 | improvements, or infrastructure, in whole or in part, as may be |
| 2582 | certified to the board by the engineer of the board, levy |
| 2583 | annually a non-ad valorem and non-millage tax upon each tract or |
| 2584 | parcel of land within the District, to be known as a |
| 2585 | "maintenance tax." This non-ad valorem maintenance tax shall be |
| 2586 | apportioned upon the basis of the net assessments of benefits |
| 2587 | assessed as accruing from the original construction and shall be |
| 2588 | evidence to, and certified by, the Board of Supervisors of the |
| 2589 | District not later than June 1 of each year to the property |
| 2590 | appraiser of Collier County and shall be extended by the |
| 2591 | property appraiser on the tax roll of the property appraiser, as |
| 2592 | certified by the property appraiser to the tax collector, and |
| 2593 | collected by the tax collector on the merged collection roll of |
| 2594 | the tax collector in the same manner and time as county ad |
| 2595 | valorem taxes, and the proceeds therefrom shall be paid to the |
| 2596 | District. This non-ad valorem maintenance tax shall be a lien |
| 2597 | until paid on the property against which assessed and |
| 2598 | enforceable in like manner and of the same dignity as county ad |
| 2599 | valorem taxes. |
| 2600 | (d) Maintenance special assessments.--To maintain and |
| 2601 | preserve the facilities and projects of the District, the board |
| 2602 | may levy a maintenance special assessment. This assessment may |
| 2603 | be evidenced to and certified to the property appraiser by the |
| 2604 | Board of Supervisors not later than August 31 of each year and |
| 2605 | shall be entered by the property appraiser on the county tax |
| 2606 | rolls and shall be collected and enforced by the tax collector |
| 2607 | in the same manner and at the same time as county taxes, and the |
| 2608 | proceeds therefrom shall be paid to the District. However, this |
| 2609 | subsection shall not prohibit the District in its discretion |
| 2610 | from using the method prescribed in either section 197.363., |
| 2611 | section 197.3631, or section 197.3632, Florida Statutes, as any |
| 2612 | one or more may be amended from time to time, for collecting and |
| 2613 | enforcing these assessments. These maintenance special |
| 2614 | assessments shall be a lien on the property against which |
| 2615 | assessed until paid and shall be enforceable in like manner as |
| 2616 | county taxes. The amount of the maintenance special assessment |
| 2617 | for the exercise of the District's powers under this section |
| 2618 | shall be determined by the board based upon a report of the |
| 2619 | District's engineer and assessed by the board upon such lands, |
| 2620 | which may be all of the lands within the District benefited by |
| 2621 | the maintenance thereof, apportioned between the benefited lands |
| 2622 | in proportion to the benefits received by each tract of land. |
| 2623 | (e) Special assessments.--To levy and impose any special |
| 2624 | assessments pursuant to subsection (15). |
| 2625 | (f) Enforcement of taxes.--The collection and enforcement |
| 2626 | of all taxes levied by the District shall be at the same time |
| 2627 | and in like manner as county taxes, and the provisions of the |
| 2628 | Florida Statutes relating to the sale of lands for unpaid and |
| 2629 | delinquent county taxes; the issuance, sale, and delivery of tax |
| 2630 | certificates for such unpaid and delinquent county taxes; the |
| 2631 | redemption thereof; the issuance to individuals of tax deeds |
| 2632 | based thereon; and all other procedures in connection therewith |
| 2633 | shall be applicable to the District to the same extent as if |
| 2634 | such statutory provisions were expressly set forth herein. All |
| 2635 | taxes shall be subject to the same discounts as county taxes. |
| 2636 | (g) When unpaid tax is delinquent; penalty.--All taxes |
| 2637 | provided for in this Act shall become delinquent and bear |
| 2638 | penalties on the amount of such taxes in the same manner as |
| 2639 | county taxes. |
| 2640 | (h) Status of assessments.--Benefit special assessments, |
| 2641 | maintenance special assessments, and special assessments are |
| 2642 | hereby found and determined to be non-ad valorem assessments as |
| 2643 | defined by section 197.3632, Florida Statutes. Maintenance taxes |
| 2644 | are non-ad valorem taxes and are not special assessments. |
| 2645 | (i) Assessments constitute liens; collection.--Any and all |
| 2646 | assessments including special assessments, benefit special |
| 2647 | assessments and maintenance special assessments authorized by |
| 2648 | this section, and including special assessments as defined by |
| 2649 | section 2(6)(aa) and granted and authorized by this subsection, |
| 2650 | and including maintenance taxes if authorized by general law, |
| 2651 | shall constitute a lien on the property against which assessed |
| 2652 | from the date of levy and imposition thereof until paid, coequal |
| 2653 | with the lien of state, county, municipal, and school board |
| 2654 | taxes. These assessments may be collected, at the District's |
| 2655 | discretion, under authority of section 197.3631, Florida |
| 2656 | Statutes, as amended from time to time, by the tax collector |
| 2657 | pursuant to the provisions of sections 197.3632 and 197.3635, |
| 2658 | Florida Statutes, as amended from time to time, or in accordance |
| 2659 | with other collection measures provided by law. In addition to, |
| 2660 | and not in limitation of any powers otherwise set forth herein |
| 2661 | or in general law, these assessments may also be enforced |
| 2662 | pursuant to the provisions of chapter 173, Florida Statutes, as |
| 2663 | amended from time to time. |
| 2664 | (j) Land owned by governmental entity.--Except as |
| 2665 | otherwise provided by law, no levy of ad valorem taxes or non-ad |
| 2666 | valorem assessments under this Act or chapter 170 or chapter |
| 2667 | 197, Florida Statutes, as each may be amended from time to time, |
| 2668 | or otherwise, by a board of a District, on property of a |
| 2669 | governmental entity that is subject to a ground lease as |
| 2670 | described in section 190.003(13), Florida Statutes, as amended |
| 2671 | from time to time, shall constitute a lien or encumbrance on the |
| 2672 | underlying fee interest of such governmental entity. |
| 2673 | (15) SPECIAL ASSESSMENTS.-- |
| 2674 | (a) As an alternative method to the levy and imposition of |
| 2675 | special assessments pursuant to chapter 170, Florida Statutes, |
| 2676 | as amended from time to time, pursuant to the authority of |
| 2677 | section 197.3631, Florida Statutes, as amended from time to |
| 2678 | time, or pursuant to other provisions of general law, now or |
| 2679 | hereinafter enacted, which provide a supplemental means or |
| 2680 | authority to impose, levy, and collect special assessments as |
| 2681 | otherwise authorized under this Act, the board may levy and |
| 2682 | impose special assessments to finance the exercise of any of its |
| 2683 | powers permitted under this Act using the following uniform |
| 2684 | procedures: |
| 2685 | 1. At a noticed meeting consider and review an engineer's |
| 2686 | report on the costs of the systems, facilities, and services to |
| 2687 | be provided, a preliminary assessment methodology, and a |
| 2688 | preliminary roll based on acreage or platted lands, depending |
| 2689 | upon whether platting has occurred. |
| 2690 | 2. The assessment methodology shall address and discuss |
| 2691 | and the board shall consider whether the systems, facilities, |
| 2692 | and services being contemplated will result in special benefits |
| 2693 | peculiar to the property, different in kind and degree than |
| 2694 | general benefits, as a logical connection between the systems, |
| 2695 | facilities, and services themselves and the property, and |
| 2696 | whether the duty to pay the assessments by the property owners |
| 2697 | is apportioned in a manner that is fair and equitable and not in |
| 2698 | excess of the special benefit received. It shall be fair and |
| 2699 | equitable to designate a fixed proportion of the annual debt |
| 2700 | service, together with interest thereon, on the aggregate |
| 2701 | principal amount of bonds issued to finance such systems, |
| 2702 | facilities, and services which give rise to unique, special, and |
| 2703 | peculiar benefits to property of the same or similar |
| 2704 | characteristics under the assessment methodology so long as such |
| 2705 | fixed proportion does not exceed the unique, special, and |
| 2706 | peculiar benefits enjoyed by such property from such systems, |
| 2707 | facilities, and services. |
| 2708 | 3. The engineer's cost report shall identify the nature of |
| 2709 | the proposed systems, facilities, and services, their location, |
| 2710 | a cost breakdown plus a total estimated cost, including cost of |
| 2711 | construction or reconstruction, labor, and materials, lands, |
| 2712 | property, rights, easements, franchises, or systems, facilities, |
| 2713 | and services to be acquired, cost of plans and specifications, |
| 2714 | surveys of estimates of costs and revenues, cost of engineering, |
| 2715 | legal and other professional consultation services, and other |
| 2716 | expenses or costs necessary or incident to determining the |
| 2717 | feasibility or practicability of such construction, |
| 2718 | reconstruction, or acquisition, administrative expenses, |
| 2719 | relationship to the authority and power of the District in its |
| 2720 | charter, and such other expense or costs as may be necessary or |
| 2721 | incident to the financing to be authorized by the Board of |
| 2722 | Supervisors. |
| 2723 | 4. The preliminary assessment roll to be prepared will be |
| 2724 | in accordance with the method of assessment provided for in the |
| 2725 | assessment methodology and as may be adopted by the Board of |
| 2726 | Supervisors; the assessment roll shall be completed as promptly |
| 2727 | as possible and shall show the acreage, lots, lands, or plats |
| 2728 | assessed and the amount of the fairly and reasonably apportioned |
| 2729 | assessment based on special and peculiar benefit to the |
| 2730 | property, lot, parcel, or acreage of land and, if the assessment |
| 2731 | against each such lot, parcel, acreage, or portion of land is to |
| 2732 | be paid in installments, the number of annual installments in |
| 2733 | which the assessment is divided shall be entered into and shown |
| 2734 | upon the assessment roll. |
| 2735 | 5. The Board of Supervisors of the District may determine |
| 2736 | and declare by an initial assessment resolution to levy and |
| 2737 | assess the assessments with respect to assessable improvements |
| 2738 | stating the nature of the systems, facilities, and services, |
| 2739 | improvements, projects, or infrastructure constituting such |
| 2740 | assessable improvements, the information in the engineer's cost |
| 2741 | report, the information in the assessment methodology as |
| 2742 | determined by the board at the noticed meeting and referencing |
| 2743 | and incorporating as part of the resolution the engineer's cost |
| 2744 | report, the preliminary assessment methodology, and the |
| 2745 | preliminary assessment roll as referenced exhibits to the |
| 2746 | resolution by reference; if the board determines to declare and |
| 2747 | levy the special assessments by the initial assessment |
| 2748 | resolution, the board shall also adopt and declare a notice |
| 2749 | resolution which shall provide and cause the initial assessment |
| 2750 | resolution to be published once a week for a period of 2 weeks |
| 2751 | in a newspaper of general circulation published in Collier |
| 2752 | County and said board shall by the same resolution fix a time |
| 2753 | and place at which the owner or owners of the property to be |
| 2754 | assessed or any other persons interested therein may appear |
| 2755 | before said board and be heard as to the propriety and |
| 2756 | advisability of making such improvements, as to the costs |
| 2757 | thereof, as to the manner of payment therefore, and as to the |
| 2758 | amount thereof to be assessed against each property so improved. |
| 2759 | Thirty days' notice in writing of such time and place shall be |
| 2760 | given to such property owners. The notice shall include the |
| 2761 | amount of the assessment and shall be served by mailing a copy |
| 2762 | to each assessed property owner at his or her last known |
| 2763 | address, the names and addresses of such property owners to be |
| 2764 | obtained from the record of the property appraiser of the county |
| 2765 | political subdivision where the land is located or from such |
| 2766 | other sources as the District Manager or engineer deems |
| 2767 | reliable, and proof of such mailing shall be made by the |
| 2768 | affidavit of the manager of the District or by the engineer, |
| 2769 | said proof to be filed with the District Manager, provided that |
| 2770 | failure to mail said notice or notices shall not invalidate any |
| 2771 | of the proceedings hereunder. It is provided further that the |
| 2772 | last publication shall be at least 1 week prior to the date of |
| 2773 | the hearing on the final assessment resolution. Said notice |
| 2774 | shall describe the general areas to be improved and advise all |
| 2775 | person interested that the description of each property to be |
| 2776 | assessed and the amount to be assessed to each piece, parcel, |
| 2777 | lot, or acre of property may be ascertained at the office of the |
| 2778 | manager of the District. Such service by publication shall be |
| 2779 | verified by the affidavit of the publisher and filed with the |
| 2780 | manager of the District. Moreover, the initial assessment |
| 2781 | resolution with its attached, referenced, and incorporated |
| 2782 | engineer's cost report, preliminary assessment methodology, and |
| 2783 | preliminary assessment roll, along with the notice resolution, |
| 2784 | shall be available for public inspection at the office of the |
| 2785 | manager and the office of the engineer or any other office |
| 2786 | designated by the Board of Supervisors in the notice resolution. |
| 2787 | Notwithstanding the foregoing, the landowners of all of the |
| 2788 | property which is proposed to be assessed may give the District |
| 2789 | written notice of waiver of any notice and publication provided |
| 2790 | for in this subparagraph and such notice and publication shall |
| 2791 | not be required; provided, however, that any meeting of the |
| 2792 | Board of Supervisors to consider such resolution shall be a |
| 2793 | publicly noticed meeting. |
| 2794 | 6. At the time and place named in the noticed resolution |
| 2795 | as provided for in subparagraph 5., the Board of Supervisors of |
| 2796 | the District shall meet and hear testimony from affected |
| 2797 | property owners as to the propriety and advisability of making |
| 2798 | the systems, facilities, services, projects, works, |
| 2799 | improvements, or infrastructure and funding them with |
| 2800 | assessments referenced in the initial assessment resolution on |
| 2801 | the property. Following the testimony and questions from the |
| 2802 | members of the board or any professional advisors to the |
| 2803 | District of the preparers of the engineer's cost report, the |
| 2804 | assessment methodology, and the assessment roll, the Board of |
| 2805 | Supervisors shall make a final decision on whether to levy and |
| 2806 | assess the particular assessments. Thereafter, the Board of |
| 2807 | Supervisors shall meet as an equalizing board to hear and to |
| 2808 | consider any and all complaints as to the particular assessments |
| 2809 | and shall adjust and equalize the assessments on the basis of |
| 2810 | justice and right. |
| 2811 | 7. When so equalized and approved by resolution or |
| 2812 | ordinance by the Board of Supervisors, to be called the final |
| 2813 | assessment resolution, a final assessment roll shall be filed |
| 2814 | with the clerk of the board and such assessment shall stand |
| 2815 | confirmed and remain legal, valid, and binding first liens on |
| 2816 | the property against which such assessments are made until paid, |
| 2817 | equal in dignity to the first liens of ad valorem taxation of |
| 2818 | county governments and school boards; however, upon completion |
| 2819 | of the systems, facilities, service, project, improvement, |
| 2820 | works, or infrastructure, the District shall credit to each of |
| 2821 | the assessments the difference in the assessment as originally |
| 2822 | made, approved, levied, assessed, and confirmed and the |
| 2823 | proportionate part of the actual cost of the improvement to be |
| 2824 | paid by the particular special assessments as finally determined |
| 2825 | upon the completion of the improvement, but in no event shall |
| 2826 | the final assessment exceed the amount of the special and |
| 2827 | peculiar benefits as apportioned fairly and reasonably to the |
| 2828 | property from the system, facility, or service being provided as |
| 2829 | originally assessed. Promptly after such confirmation, the |
| 2830 | assessment shall be recorded by the clerk of the District in the |
| 2831 | minutes of the proceedings of the District and the record of the |
| 2832 | lien in this set of minutes shall constitute prima facie |
| 2833 | evidence of its validity. The Board of Supervisors, in its sole |
| 2834 | discretion, may, by resolution grant a discount equal to all or |
| 2835 | a part of the payee's proportionate share of the cost of the |
| 2836 | project consisting of bond financing cost, such as capitalized |
| 2837 | interest, funded reserves, and bond discounts included in the |
| 2838 | estimated cost of the project, upon payment in full of any |
| 2839 | assessments during such period prior to the time such financing |
| 2840 | costs are incurred as may be specified by the Board of |
| 2841 | Supervisors in such resolution. |
| 2842 | 8. District assessments may be made payable in |
| 2843 | installments over no more than 30 years from the date of the |
| 2844 | payment of the first installment thereof and may bear interest |
| 2845 | at fixed or variable rates. |
| 2846 | (b) Notwithstanding any provision of this Act or chapter |
| 2847 | 170 or section 170.09, Florida Statutes, as amended from time to |
| 2848 | time, which provide that assessments may be paid without |
| 2849 | interest at any time within 30 days after the improvement is |
| 2850 | completed and a resolution accepting the same has been adopted |
| 2851 | by the governing authority, shall not be applicable to any |
| 2852 | District assessments, whether imposed, levied, and collected |
| 2853 | pursuant to the provisions of this Act or other provisions of |
| 2854 | Florida law, including, but not limited to chapter 170, Florida |
| 2855 | Statutes. |
| 2856 | (c) In addition, the District is authorized expressly in |
| 2857 | the exercise of its rulemaking power to promulgate a rule or |
| 2858 | rules which provides or provide for notice, levy, imposition, |
| 2859 | equalization, and collection of assessments. |
| 2860 | (16) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON |
| 2861 | ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.-- |
| 2862 | (a) The board may, after any special assessments or |
| 2863 | benefit special assessments for assessable improvements are |
| 2864 | made, determined, and confirmed as provided in this Act, issue |
| 2865 | certificates of indebtedness for the amount so assessed against |
| 2866 | the abutting property or property otherwise benefited, as the |
| 2867 | case may be, and separate certificates shall be issued against |
| 2868 | each part or parcel of land or property assessed, which |
| 2869 | certificates shall state the general nature of the improvement |
| 2870 | for which the assessment is made. The certificates shall be |
| 2871 | payable in annual installments in accordance with the |
| 2872 | installments of the special assessment for which they are |
| 2873 | issued. The board may determine the interest to be borne by such |
| 2874 | certificates, not to exceed the maximum rate allowed by general |
| 2875 | law, and may sell such certificates at either private or public |
| 2876 | sale and determine the form, manner of execution, and other |
| 2877 | details of such certificates. The certificates shall recite that |
| 2878 | they are payable only from the special assessments levied and |
| 2879 | collected from the part or parcel of land or property against |
| 2880 | which they are issued. The proceeds of such certificates may be |
| 2881 | pledged for the payment of principal of and interest on any |
| 2882 | revenue bonds or general obligation bonds issued to finance in |
| 2883 | whole or in part such assessable improvement, or, if not so |
| 2884 | pledged, may be used to pay the cost or part of the cost of such |
| 2885 | assessable improvements. |
| 2886 | (b) The District may also issue assessment bonds, revenue |
| 2887 | bonds, or other obligations payable from a special fund into |
| 2888 | which such certificates of indebtedness referred to in the |
| 2889 | preceding subsection may be deposited or, if such certificates |
| 2890 | of indebtedness have not been issued, the District may assign to |
| 2891 | such special fund for the benefit of the holders of such |
| 2892 | assessment bonds or other obligations, or to a trustee for such |
| 2893 | bondholders, the assessment liens provided for in this Act |
| 2894 | unless such certificates of indebtedness or assessment liens |
| 2895 | have been theretofore pledged for any bonds or other obligations |
| 2896 | authorized hereunder. In the event of the creation of such |
| 2897 | special fund and the issuance of such assessment bonds or other |
| 2898 | obligations, the proceeds of such certificates of indebtedness |
| 2899 | or assessment liens deposited therein shall be used only for the |
| 2900 | payment of the assessment bonds or other obligations issued as |
| 2901 | provided in this section. The District is authorized to covenant |
| 2902 | with the holders of such assessment bonds, revenue bonds, or |
| 2903 | other obligations that it will diligently and faithfully enforce |
| 2904 | and collect all the special assessments, and interest and |
| 2905 | penalties thereon, for which such certificates of indebtedness |
| 2906 | or assessment liens have been deposited in or assigned to such |
| 2907 | fund; to foreclose such assessment liens so assigned to such |
| 2908 | special fund or represented by the certificates of indebtedness |
| 2909 | deposited in the special fund, after such assessment liens have |
| 2910 | become delinquent, and deposit the proceeds derived from such |
| 2911 | foreclosure, including interest and penalties, in such special |
| 2912 | fund; and to make any other covenants deemed necessary or |
| 2913 | advisable in order to properly secure the holders of such |
| 2914 | assessment bonds or other obligations. |
| 2915 | (c) The assessment bonds, revenue bonds, or other |
| 2916 | obligations issued pursuant to this section shall have such |
| 2917 | dates of issue and maturity as shall be deemed advisable by the |
| 2918 | board; however, the maturities of such assessment bonds or other |
| 2919 | obligations shall not be more than 2 years after the due date of |
| 2920 | the last installment which will be payable on any of the special |
| 2921 | assessments for which such assessment liens, or the certificates |
| 2922 | of indebtedness representing such assessment liens, are assigned |
| 2923 | to or deposited in such special fund. |
| 2924 | (d) Such assessment bonds, revenue bonds, or other |
| 2925 | obligations issued under this section shall bear such interest |
| 2926 | as the board may determine, not to exceed the maximum rate |
| 2927 | allowed by general law, and shall be executed, shall have such |
| 2928 | provisions for redemption prior to maturity, shall be sold in |
| 2929 | the manner, and shall be subject to all of the applicable |
| 2930 | provisions contained in this Act for revenue bonds, except as |
| 2931 | the same may be inconsistent with the provisions of this |
| 2932 | section. |
| 2933 | (e) All assessment bonds, revenue bonds, or other |
| 2934 | obligations issued under the provisions of this section shall |
| 2935 | be, shall constitute, and shall have all the qualities and |
| 2936 | incidents of negotiable instruments under the law merchant and |
| 2937 | the laws of the state. |
| 2938 | (17) TAX LIENS.--All taxes of the District provided for in |
| 2939 | this Act, except together with all penalties for default in the |
| 2940 | payment of the same and all costs in collecting the same, |
| 2941 | including a reasonable attorney's fee fixed by the court and |
| 2942 | taxed as a cost in the action brought to enforce payment, shall, |
| 2943 | from January 1 for each year the property is liable to |
| 2944 | assessment and until paid, constitute a lien of equal dignity |
| 2945 | with the liens for state and county taxes and other taxes of |
| 2946 | equal dignity with state and county taxes upon all the lands |
| 2947 | against which such taxes shall be levied. A sale of any of the |
| 2948 | real property within the District for state and county or other |
| 2949 | taxes shall not operate to relieve or release the property so |
| 2950 | sold from the lien for subsequent District taxes or installments |
| 2951 | of District taxes, which lien may be enforced against such |
| 2952 | property as though no such sale thereof had been made. In |
| 2953 | addition to, and not in limitation of, the preceding sentence, |
| 2954 | for purposes of section 197.552, Florida Statutes, as amended |
| 2955 | from time to time, the lien of all special assessments levied by |
| 2956 | the district shall constitute a lien of record held by a |
| 2957 | municipal or county governmental unit. The provisions of |
| 2958 | sections 194.171, 197.122, 197.333, and 197.432, Florida |
| 2959 | Statutes, as each may be amended from time to time, shall be |
| 2960 | applicable to District taxes with the same force and effect as |
| 2961 | if such provisions were expressly set forth in this Act. |
| 2962 | (18) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE |
| 2963 | DISTRICT; SHARING IN PROCEEDS OF TAX SALE.-- |
| 2964 | (a) The District shall have the power and right to: |
| 2965 | 1. Pay any delinquent state, county, District, municipal, |
| 2966 | or other tax or assessment upon lands located wholly or |
| 2967 | partially within the boundaries of the District; and |
| 2968 | 2. Redeem or purchase any tax sales certificates issued or |
| 2969 | sold on account of any state, county, District, municipal, or |
| 2970 | other taxes or assessments upon lands located wholly or |
| 2971 | partially within the boundaries of the District. |
| 2972 | (b) Delinquent taxes paid, or tax sales certificates |
| 2973 | redeemed or purchased, by the District, together with all |
| 2974 | penalties for the default in payment of the same and all costs |
| 2975 | in collecting the same and a reasonable attorney's fee, shall |
| 2976 | constitute a lien in favor of the District of equal dignity with |
| 2977 | the liens of state and county taxes and other taxes of equal |
| 2978 | dignity with state and county taxes upon all the real property |
| 2979 | against which the taxes were levied. The lien of the District |
| 2980 | may be foreclosed in the manner provided in this Act. |
| 2981 | (c) In any sale of land pursuant to section 197.542, |
| 2982 | Florida Statutes, as may be amended from time to time, the |
| 2983 | District may certify to the clerk of the circuit court of the |
| 2984 | county holding such sale the amount of taxes due to the District |
| 2985 | upon the lands sought to be sold, and the District shall share |
| 2986 | in the disbursement of the sales proceeds in accordance with the |
| 2987 | provisions of this Act and under the laws of the state. |
| 2988 | (19) FORECLOSURE OF LIENS.--Any lien in favor of the |
| 2989 | District arising under this Act may be foreclosed by the |
| 2990 | District by foreclosure proceedings in the name of the District |
| 2991 | in a court of competent jurisdiction as provided by general law |
| 2992 | in like manner as is provided in chapter 173, Florida Statutes, |
| 2993 | and amendments thereto and the provisions of that chapter shall |
| 2994 | be applicable to such proceedings with the same force and effect |
| 2995 | as if those provisions were expressly set forth in this Act. Any |
| 2996 | act required or authorized to be done by or on behalf of a |
| 2997 | municipality in foreclosure proceedings under chapter 173, |
| 2998 | Florida Statutes, may be performed by such officer or agent of |
| 2999 | the District as the Board of Supervisors may designate. Such |
| 3000 | foreclosure proceedings may be brought at any time after the |
| 3001 | expiration of 1 year from the date any tax, or installment |
| 3002 | thereof, becomes delinquent; however, no lien shall be |
| 3003 | foreclosed against any political subdivision or agency of the |
| 3004 | state. Other legal remedies shall remain available. |
| 3005 | (20) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS, |
| 3006 | FACILITIES, AND SERVICES.--To the full extent permitted by law, |
| 3007 | the District shall require all lands, buildings, premises, |
| 3008 | persons, firms, and corporations within the District to use the |
| 3009 | water management and control facilities and water and sewer |
| 3010 | facilities of the District. |
| 3011 | (21) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED |
| 3012 | PROVISIONS REQUIRED.-- |
| 3013 | (a) No contract shall be let by the board for any goods, |
| 3014 | supplies, or materials to be purchased when the amount thereof |
| 3015 | to be paid by the District shall exceed the amount provided in |
| 3016 | section 287.017, Florida Statutes, as amended from time to time, |
| 3017 | for category four, unless notice of bids shall be advertised |
| 3018 | once in a newspaper in general circulation in Collier County. |
| 3019 | Any board seeking to construct or improve a public building, |
| 3020 | structure, or other public works shall comply with the bidding |
| 3021 | procedures of section 255.20, Florida Statutes, as amended from |
| 3022 | time to time, and other applicable general law. In each case, |
| 3023 | the bid of the lowest responsive and responsible bidder shall be |
| 3024 | accepted unless all bids are rejected because the bids are too |
| 3025 | high, or the board determines it is in the best interests of the |
| 3026 | District to reject all bids. The board may require the bidders |
| 3027 | to furnish bond with a responsible surety to be approved by the |
| 3028 | board. Nothing in this section shall prevent the board from |
| 3029 | undertaking and performing the construction, operation, and |
| 3030 | maintenance of any project or facility authorized by this Act by |
| 3031 | the employment of labor, material, and machinery. |
| 3032 | (b) The provisions of the Consultants' Competitive |
| 3033 | Negotiation Act, section 287.055, Florida Statutes, as amended |
| 3034 | from time to time, apply to contracts for engineering, |
| 3035 | architecture, landscape architecture, or registered surveying |
| 3036 | and mapping services let by the board. |
| 3037 | (c) Contracts for maintenance services for any District |
| 3038 | facility or project shall be subject to competitive bidding |
| 3039 | requirements when the amount thereof to be paid by the District |
| 3040 | exceeds the amount provided in section 287.017, Florida |
| 3041 | Statutes, as amended from time to time, for category four. The |
| 3042 | District shall adopt rules, policies, or procedures establishing |
| 3043 | competitive bidding procedures for maintenance services. |
| 3044 | Contracts for other services shall not be subject to competitive |
| 3045 | bidding unless the District adopts a rule, policy, or procedure |
| 3046 | applying competitive bidding procedures to said contracts. |
| 3047 | (22) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION |
| 3048 | AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.-- |
| 3049 | (a) The District is authorized to prescribe, fix, |
| 3050 | establish, and collect rates, fees, rentals, or other charges, |
| 3051 | hereinafter sometimes referred to as "revenues," and to revise |
| 3052 | the same from time to time, for the systems, facilities, and |
| 3053 | services furnished by the District, within the limits of the |
| 3054 | District, including, but not limited to, recreational |
| 3055 | facilities, water management and control facilities, and water |
| 3056 | and sewer systems; to recover the costs of making connection |
| 3057 | with any District service, facility, or system; and to provide |
| 3058 | for reasonable penalties against any user or property for any |
| 3059 | such rates, fees, rentals, or other charges that are delinquent. |
| 3060 | (b) No such rates, fees, rentals, or other charges for any |
| 3061 | of the facilities or services of the District shall be fixed |
| 3062 | until after a public hearing at which all the users of the |
| 3063 | proposed facility or services or owners, tenants, or occupants |
| 3064 | served or to be served thereby and all other interested persons |
| 3065 | shall have an opportunity to be heard concerning the proposed |
| 3066 | rates, fees, rentals, or other charges. Rates, fees, rentals, |
| 3067 | and other charges shall be adopted under the administrative |
| 3068 | rulemaking authority of the District, but shall not apply to |
| 3069 | District leases. Notice of such public hearing setting forth the |
| 3070 | proposed schedule or schedules of rates, fees, rentals, and |
| 3071 | other charges shall have been published in a newspaper of |
| 3072 | general circulation in Collier County at least once and at least |
| 3073 | 10 days prior to such public hearing. The rulemaking hearing may |
| 3074 | be adjourned from time to time. After such hearing, such |
| 3075 | schedule or schedules, either as initially proposed or as |
| 3076 | modified or amended, may be finally adopted. A copy of the |
| 3077 | schedule or schedules of such rates, fees, rentals, or charges |
| 3078 | as finally adopted shall be kept on file in an office designated |
| 3079 | by the board and shall be open at all reasonable times to public |
| 3080 | inspection. The rates, fees, rentals, or charges so fixed for |
| 3081 | any class of users or property served shall be extended to cover |
| 3082 | any additional users or properties thereafter served which shall |
| 3083 | fall in the same class, without the necessity of any notice or |
| 3084 | hearing. |
| 3085 | (c) Such rates, fees, rentals, and charges shall be just |
| 3086 | and equitable and uniform for users of the same class, and when |
| 3087 | appropriate may be based or computed either upon the amount of |
| 3088 | service furnished, upon the number of average number of persons |
| 3089 | residing or working in or otherwise occupying the premises |
| 3090 | served, or upon any other factor affecting the use of the |
| 3091 | facilities furnished, or upon any combination of the foregoing |
| 3092 | factors, as may be determined by the board on an equitable |
| 3093 | basis. |
| 3094 | (d) The rates, fees, rentals, or other charges prescribed |
| 3095 | shall be such as will produce revenues, together with any other |
| 3096 | assessments, taxes, revenues, or funds available or pledged for |
| 3097 | such purpose, at least sufficient to provide for the items |
| 3098 | hereinafter listed, but not necessarily in the order stated: |
| 3099 | 1. To provide for all expenses of operation and |
| 3100 | maintenance of such facility or service; |
| 3101 | 2. To pay when due all bonds and interest thereon for the |
| 3102 | payment of which such revenues are, or shall have been, pledged |
| 3103 | or encumbered, including reserves for such purpose; and |
| 3104 | 3. To provide for any other funds which may be required |
| 3105 | under the resolution or resolutions authorizing the issuance of |
| 3106 | bonds pursuant to this Act. |
| 3107 | (e) The board shall have the power to enter into contracts |
| 3108 | for the use of the projects of the District and with respect to |
| 3109 | the services, systems, and facilities furnished or to be |
| 3110 | furnished by the District. |
| 3111 | (23) RECOVERY OF DELINQUENT CHARGES.--In the event that |
| 3112 | any rates, fees, rentals, charges, or delinquent penalties shall |
| 3113 | not be paid as and when due and shall be in default for 60 days |
| 3114 | or more, the unpaid balance thereof and all interest accrued |
| 3115 | thereon, together with reasonable attorney's fees and costs, may |
| 3116 | be recovered by the District in a civil action. |
| 3117 | (24) DISCONTINUANCE OF SERVICE.--In the event the fees, |
| 3118 | rentals, or other charges for water and sewer services, or |
| 3119 | either of them, are not paid when due, the board shall have the |
| 3120 | power, under such reasonable rules and regulations as the board |
| 3121 | may adopt, to discontinue and shut off both water and sewer |
| 3122 | services until such fees, rentals, or other charges, including |
| 3123 | interest, penalties, and charges for the shutting off and |
| 3124 | discontinuance and the restoration of such water and sewer |
| 3125 | services or both, are fully paid; and, for such purposes, the |
| 3126 | board may enter on any lands, waters, or premises of any person, |
| 3127 | firm, corporation, or body, public or private, within the |
| 3128 | District limits. Such delinquent fees, rentals, or other |
| 3129 | charges, together with interest, penalties, and charges for the |
| 3130 | shutting off and discontinuance and the restoration of such |
| 3131 | services and facilities and reasonable attorney's fees and other |
| 3132 | expenses, may be recovered by the District, which may also |
| 3133 | enforce payment of such delinquent fees, rentals, or other |
| 3134 | charges by any other lawful method of enforcement. |
| 3135 | (25) ENFORCEMENT AND PENALTIES.--The board or any |
| 3136 | aggrieved person may have recourse to such remedies in law and |
| 3137 | at equity as may be necessary to ensure compliance with the |
| 3138 | provisions of this Act, including injunctive relief to enjoin or |
| 3139 | restrain any person violating the provisions of this Act or any |
| 3140 | bylaws, resolutions, regulations, rules, codes, or orders |
| 3141 | adopted under this Act. In case any building or structure is |
| 3142 | erected, constructed, reconstructed, altered, repaired, |
| 3143 | converted, or maintained, or any building, structure, land, or |
| 3144 | water is used, in violation of this Act or of any code, order, |
| 3145 | resolution, or other regulation made under authority conferred |
| 3146 | by this Act or under law, the board or any citizen residing in |
| 3147 | the District may institute any appropriate action or proceeding |
| 3148 | to prevent such unlawful erection, construction, reconstruction, |
| 3149 | alteration, repair, conversion, maintenance, or use; to |
| 3150 | restrain, correct, or avoid such violation; to prevent the |
| 3151 | occupancy of such building, structure, land, or water; and to |
| 3152 | prevent any illegal act, conduct, business, or use in or about |
| 3153 | such premises, land, or water. |
| 3154 | (26) SUITS AGAINST THE DISTRICT.--Any suit or action |
| 3155 | brought or maintained against the District for damages arising |
| 3156 | out of tort, including, without limitation, any claim arising |
| 3157 | upon account of an act causing an injury or loss of property, |
| 3158 | personal injury, or death, shall be subject to the limitations |
| 3159 | provided in section 768.28, Florida Statutes, as amended from |
| 3160 | time to time. |
| 3161 | (27) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All |
| 3162 | District property shall be exempt from levy and sale by virtue |
| 3163 | of an execution, and no execution or other judicial process |
| 3164 | shall issue against such property, nor shall any judgment |
| 3165 | against the District be a charge or lien on its property or |
| 3166 | revenues; however, nothing contained herein shall apply to or |
| 3167 | limit the rights of bondholders to pursue any remedy for the |
| 3168 | enforcement of any lien or pledge given by the District in |
| 3169 | connection with any of the bonds or obligations of the District. |
| 3170 | (28) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.-- |
| 3171 | (a) The board may ask the Legislature through its local |
| 3172 | legislative delegation in and for Collier County to amend this |
| 3173 | Act to contract, to expand or to contract, and to expand the |
| 3174 | boundaries of the District by amendment of this section. |
| 3175 | (b) The District shall remain in existence until: |
| 3176 | 1. The District is terminated and dissolved pursuant to |
| 3177 | amendment to this Act by the Florida Legislature. |
| 3178 | 2. The District has become inactive pursuant to section |
| 3179 | 189.4044, Florida Statutes. |
| 3180 | (29) INCLUSION OF TERRITORY.--The inclusion of any or all |
| 3181 | territory of the District within a municipality does not change, |
| 3182 | alter, or affect the boundary, territory, existence, or |
| 3183 | jurisdiction of the District. |
| 3184 | (30) SALE OF REAL ESTATE WITHIN A DISTRICT; REQUIRED |
| 3185 | DISCLOSURE TO PURCHASER.--Subsequent to the creation of this |
| 3186 | District under this Act, each contract for the initial sale of a |
| 3187 | parcel of real property and each contract for the initial sale |
| 3188 | of a residential unit within the District shall include, |
| 3189 | immediately prior to the space reserved in the contract for the |
| 3190 | signature of the purchaser, the following disclosure statement |
| 3191 | in boldfaced and conspicuous type which is larger than the type |
| 3192 | in the remaining text of the contract: "THE AVE MARIA |
| 3193 | STEWARDSHIP COMMUNITY DISTRICT MAY IMPOSE AND LEVY TAXES OR |
| 3194 | ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. |
| 3195 | THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, |
| 3196 | AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES AND |
| 3197 | SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING |
| 3198 | BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN |
| 3199 | ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND |
| 3200 | ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY |
| 3201 | LAW." |
| 3202 | (31) NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days |
| 3203 | after the election of the first Board of Supervisors creating |
| 3204 | this District, the District shall cause to be recorded in the |
| 3205 | grantor-grantee index of the property records in the county in |
| 3206 | which it is located a "Notice of Creation and Establishment of |
| 3207 | the Ave Maria Stewardship Community District." The notice shall, |
| 3208 | at a minimum, include the legal description of the property of |
| 3209 | the landowners who have consented to establishment of this |
| 3210 | District and a copy of the disclosure statement specified in |
| 3211 | subsection (30). |
| 3212 | (32) Any system, facility, service, works, improvement, |
| 3213 | project, or other infrastructure owned by the District, or |
| 3214 | funded by federal tax exempt bonding issued by the District, is |
| 3215 | public; the District by rule may regulate, and may impose |
| 3216 | reasonable charges or fees for, the use thereof but not to the |
| 3217 | extent that such regulation or imposition of such charges or |
| 3218 | fees constitutes denial of reasonable access. |
| 3219 | Section 5. SEVERABLITY.--If any provision of this Act is |
| 3220 | determined unconstitutional or otherwise determined invalid by a |
| 3221 | court of law, all the rest and remainder of the Act shall remain |
| 3222 | in full force and effect as the law of Florida. |
| 3223 | Section 6. This act shall take effect upon becoming a law. |
