HB 0923

1	A bill to be entitled
2	An act relating to the Big Cypress Stewardship District,
3	Collier County; creating and establishing an independent
4	special district in Collier County to be known as the Big
5	Cypress Stewardship District; creating a charter;
6	providing for minimum charter requirements; providing for
7	powers of the district and compliance with county plans
8	and regulations; providing for the sale of real estate in
9	the district; requiring a disclosure to the purchaser;
10	describing the boundaries of the district; providing for a
11	board of supervisors; providing qualifications, terms of
12	office, election procedures, powers, duties, and
13	compensation of the board; requiring an annual landowners'
14	meeting; providing for taxes and non-ad valorem
15	assessments; providing for penalties on delinquent taxes;
16	providing for enforcement of taxes and assessments;
17	providing for the issuance of bonds; providing for liberal
18	construction; providing for severability; providing for a
19	referendum; providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  District establishment and boundaries.--For the
24	purposes of providing public infrastructure and services; the
25	assessment, levy, and collection of taxes, non-ad valorem
26	assessments, and fees; the operation of district facilities and
27	services; and all other purposes stated in this act consistent
28	with chapters 189 and 298, Florida Statutes, and other
29	applicable general law, an independent stewardship district is
30	hereby created and established in Collier County, to be known as
31	the Big Cypress Stewardship District, the territorial boundaries
32	of which shall be as follows:
33
34	All Those Parts of Townships 47, 48 And 49 South,
35	Range 28 East, Collier County, Florida, Being More
36	Particularly Described As Follows:
37
38	All of Section 14, Township 47 South, Range 28 East,
39	Collier County, Florida,  Less 100 Acres Of Land  More
40	Or Less As Described In Official Records Book 2496,
41	Page 660, Public Records Of Collier County, Florida;
42	(540 Acres ?)
43
44	And
45
46	All of Sections 23, 24, 25, 26 And 27, Township 47
47	South, Range 28 East, Collier County, Florida Less
48	Right Of Way For C.R. 846, (Immokalee Road); (3165
49	Acres ?)
50
51	And
52
53	All of Section 28, Township 47 South, Range 28 East,
54	Collier County, Florida, Lying South Of C.R. 846
55	(Immokalee Road) And Lying North And East of Oil Well
56	Grade Road; (132 Acres ?)
57
58	And
59
60	All of Sections 34 And 35, Township 47 South, Range 28
61	East, Collier County, Florida; (1280 Acres ?)
62
63	And
64
65	The Westerly 520 Acres of Sections 1 And 12, Township
66	48 South, Range 28 East, Collier County, Florida;
67	(1040 Acres ?)
68
69	And
70
71	All of Sections 2, 3, 10, And 11 of Township 48 South,
72	Range 28 East, Collier County, Florida; (2560 Acres ?)
73
74	And
75
76	All of Section 13, Township 48 South Range 28 East,
77	Collier County, Florida Less The Southeast One-Quarter
78	( 1/4 ) of Said Section 13 And Less The South 50.00
79	Feet of The Southwest One-Quarter of Said Section 13
80	For Road Right Of Way And Less The Easterly 60.00
81	Acres of The Northeasterly One-Quarter ( 1/4 ) of Said
82	Section 13; (416.97 Acres ?)
83
84	And
85
86	All of Sections 14 And 15, Township 48 South, Range 28
87	East, Collier County, Florida Less The Southerly 50.00
88	Feet For Road Right Of Way Purposes As Described In
89	Official Records Book 154, Page 529; (1253.87 Acres ?)
90
91	And
92
93	All of Section 22, Township 48 South, Range 28 East,
94	Collier County, Florida, Less The Northerly 50.00 Feet
95	For Right Of Way Purposes As Described In Official
96	Records Book 154, Page 529 Public Records of Collier
97	County, Florida; (633.94 Acres ?)
98
99	And
100
101	All of Sections 23 And 24, Township 48 South, Range 28
102	East, Collier County, Florida Less Road Right Of Ways;
103	(1256 Acres ?)
104
105	And
106	All of Sections 25, 26, 27, 34, 35 And 36, Township 48
107	South, Range 28 East, Collier County, Florida; (3840
108	Acres ?)
109
110	And
111
112	The West One-Half ( ? ) Of Section 1, Township 49
113	South, Range 28 East, Collier County, Florida; (493.66
114	Acres ?)
115
116	And
117
118	All of Sections 2, 3, 10, 11 And 15, Township 49
119	South, Range 28 East, Collier County, Florida;
120	(3878.23 Acres ?)
121
122	And
123
124	All of Sections 22 And 27, Township 49 South, Range 28
125	East, Collier County, Florida, Less the Ford Test
126	Track PUD; (1163.42 Acres ?)
127
128	And
129
130	All Of Section 34, Township 49 South, Range 28 East,
131	Collier County, Florida, Less The Ford Test Track PUD
132	And Less Official Records Book 2239, Page 144;
133	(47.70 Acres ?)
134
135	Containing a Total Acreage of 21,700.79 Acres of Land
136	More Or Less;
137	Section 2.  Provisions of other laws made applicable.--The
138	provisions of chapters 189 and 298, Florida Statutes, and all of
139	the laws amendatory thereof now existing or hereafter enacted,
140	are declared to be applicable to the Big Cypress Stewardship
141	District. The Big Cypress Stewardship District shall have all of
142	the powers and authorities mentioned in or conferred by chapters
143	189 and 298, Florida Statutes, as they may be amended from time
144	to time.
145	Section 3.  Powers of the district; compliance with county
146	plans and regulations.--
147	(1)  The district shall have the following powers:
148	(a)  To sue and be sued by its name in any court of law or
149	in equity, to make contracts, and to adopt and use a corporate
150	seal and to alter the same at pleasure.
151	(b)  To acquire by purchase, gift, or condemnation real and
152	personal property, either or both, within or without the
153	district, and to convey and dispose of such real and personal
154	property, either or both, as may be necessary or convenient to
155	carry out the purposes, or any of the purposes, of this act and
156	chapters 189 and 298, Florida Statutes. Provided, however,
157	initiation of condemnation proceedings outside the boundaries of
158	the district shall require the prior approval by a supermajority
159	of four votes of the Collier County Commission.
160	(c)  To construct, operate, and maintain canals, ditches,
161	drains, levees, lakes, ponds, and other works for water
162	management and control purposes.
163	(d)  To acquire, purchase, operate, and maintain pumps,
164	plants, and pumping systems for water management and control
165	purposes.
166	(e)  To construct, operate, and maintain irrigation works,
167	machinery, and plants.
168	(f)  To construct, improve, pave, and maintain roadways and
169	roads necessary and convenient for the exercise of the powers or
170	duties or any of the powers or duties of the district or the
171	supervisors thereof; and to include as a component of roads,
172	parkways, bridges, landscaping, irrigation, bicycle and jogging
173	paths, street lighting, traffic signals, road striping, and all
174	other customary elements of a modern road system.
175	(g)  To finance, fund, plan, establish, acquire, construct
176	or reconstruct, enlarge or extend, equip, operate, and maintain
177	systems and facilities for providing transportation throughout
178	the district, including private or contract carriers, buses,
179	vehicles, railroads, and other transportation facilities, to
180	meet the transportation requirements of the district in
181	activities conducted within the district.
182	(h)  To finance, fund, plan, establish, acquire, construct
183	or reconstruct, enlarge or extend, equip, operate, and maintain
184	parking facilities within the district boundaries.
185	(i)  To finance, fund, plan, establish, acquire, construct
186	or reconstruct, enlarge or extend, equip, operate, and maintain
187	additional systems and facilities for parks and facilities for
188	indoor and outdoor recreational, cultural, and educational uses.
189	(j)  To acquire, construct, finance, operate, and maintain
190	water plants and systems to produce, purify, and distribute
191	water for consumption.
192	(k)  To acquire, construct, finance, operate, and maintain
193	sewer systems for the collection, disposal, and reuse of waste
194	and to prevent water pollution in the district.
195	(l)  To levy ad valorem taxes and non-ad valorem
196	assessments, to prescribe, fix, establish, and collect rates,
197	fees, rentals, fares, or other charges, and to revise the same
198	from time to time, for the facilities and services furnished or
199	to be furnished by the district and to recover the cost of
200	making connection to any district facility or system.
201	(m)  To provide for the discontinuance of service and
202	reasonable penalties, including attorney's fees, against any
203	user or property for any such rates, fees, rentals, fares, or
204	other charges that become delinquent and require collection.
205	However, no charges or fees shall be established until after a
206	public hearing of the board at the district at which all
207	affected persons shall be given an opportunity to be heard.
208	(n)  To enter into agreements with any person, firm, or
209	corporation for the furnishing by such person, firm, or
210	corporation of any facilities and services of the type provided
211	for in this act.
212	(o)  To enter into impact fee credit agreements with local
213	general purpose governments. In the event the district enters
214	into an impact fee credit agreement with a local general purpose
215	government where the district constructs or makes contributions
216	for public facilities for which impact fee credits would be
217	available, the agreement may provide that such impact fee
218	credits shall inure to the landowners within the district in
219	proportion to their relative assessments, and the district
220	shall, from time to time, execute such instruments (such as
221	assignments of impact fee credits) as may be necessary or
222	desirable to accomplish or confirm the foregoing.
223	(p)  To construct and maintain facilities for and take
224	measures to control mosquitoes and other arthropods of public
225	health importance.
226	(q)  To finance, fund, plan, establish, acquire, construct
227	or reconstruct, enlarge or extend, equip, operate, and maintain
228	additional systems and facilities for conservation areas,
229	mitigation areas, and wildlife habitat, including the
230	maintenance of any plant or animal species, and any related
231	interest in real or personal property.
232	(r)  To borrow money and issue negotiable or other bonds of
233	the district as hereinafter provided; to borrow money, from time
234	to time, and issue negotiable or other notes of the district
235	therefore, bearing interest at an amount not to exceed the
236	maximum interest allowable by law, in anticipation of the
237	collection of taxes and assessments or revenues of the district,
238	and to pledge or hypothecate such taxes, assessments, and
239	revenues to secure such bonds, notes, or obligations, and to
240	sell, discount, negotiate, and dispose of the same.
241	(s)  To provide public safety, including, but not limited
242	to, security, guardhouses, fences and gates, electronic
243	intrusion detection systems, and patrol cars, when authorized by
244	proper governmental agencies; except that the district may not
245	exercise any police power, but may contract with the appropriate
246	local general-purpose government agencies for an increased level
247	of such service within the district boundaries.
248	(t)  To provide systems and facilities for fire prevention
249	and control and emergency medical services, including the
250	construction or purchase of fire stations, water mains and
251	plugs, fire trucks, and other vehicles and equipment consistent
252	with any adopted Collier County ordinances, rules, or
253	regulations.
254	(u)  To finance, fund, plan, establish, acquire, construct
255	or reconstruct, enlarge or extend, equip, and maintain
256	additional systems and facilities for school buildings and
257	related structures pursuant to this act and chapter 1013,
258	Florida Statutes, which may be leased, sold, or donated to the
259	school district for use in the educational system when
260	authorized by the district school board.
261	(v)  To establish and create such departments, committees,
262	boards, or other agencies, including a public relations
263	committee, as from time to time the board of supervisors may
264	deem necessary or desirable in the performance of this act or
265	other things necessary to the exercise of the powers provided in
266	this act, and to delegate to such departments, boards, or other
267	agencies such administrative duties and other powers as the
268	board of supervisors may deem necessary or desirable.
269	(w)  To exercise all other powers necessary, convenient, or
270	proper in connection with any of the powers or duties of the
271	district stated in this act. The powers and duties of the
272	district shall be exercised by and through the board of
273	supervisors thereof, which board shall have the authority to
274	employ engineers, attorneys, agents, employees, and
275	representatives as the board of supervisors may, from time to
276	time, determine, and to fix their compensation and duties.
277	However, in addition thereto, the district shall have all of the
278	powers provided for in chapter 298, Florida Statutes, as amended
279	from time to time. All powers and authority of the district
280	shall extend and apply to the district as a whole and to each
281	unit of development as, from time to time, may be designated by
282	the board of supervisors.
283
284	Notwithstanding any authority contained within this section, the
285	development, operation, or maintenance of any district
286	facilities or services shall comply with the adopted
287	comprehensive plan for Collier County and any adopted land
288	development regulations or specialized plans adopted which apply
289	within the geographic boundaries of the district, including the
290	Collier County Growth Management Plan and all plans of the
291	Metropolitan Planning Organization as they may apply to the
292	projects and activities authorized pursuant to this section.
293	Section 4.  Sale of real estate within the district;
294	required disclosure to purchaser.--Subsequent to the
295	establishment of the district under this act, each contract for
296	the initial sale of a parcel of real property and each contract
297	for the initial sale of a residential unit within the district
298	shall include, immediately prior to the space reserved in the
299	contract for the signature of the purchaser, the following
300	disclosure statement in bold-faced and conspicuous type which is
301	larger than the type in the remaining text of the contract: THE
302	BIG CYPRESS STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR
303	ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY.
304	THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND
305	MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES AND SERVICES OF
306	THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
307	DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY
308	AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
309	TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.
310
311	Provided further, prior to the subdivision and sale or transfer
312	of any assessable property within the district, the owner of
313	land to be sold or transferred shall record the notice contained
314	in this section in the official records of Collier County as a
315	covenant to run with the transferred property.
316	Section 5.  Board of supervisors; organization, powers,
317	duties, and terms of office.--
318	(1)  There is hereby created the Board of Supervisors of
319	Big Cypress Stewardship District, which shall be the governing
320	body of the district. The board of supervisors shall consist of
321	five persons who, except as herein otherwise provided, shall
322	hold office for terms of 3 years each and until their successors
323	shall be duly elected and qualified.
324	(2)  Except as provided in subsection (3), the election of
325	the district's board of supervisors shall be on a one-acre one-
326	vote basis pursuant to section 298.11, Florida Statutes, as it
327	may be amended from time to time. Each year during the month of
328	June, a supervisor or supervisors shall be elected, as
329	hereinafter provided, by the landowners of the district to fill
330	the seat or seats of supervisors whose terms have expired. All
331	vacancies or expirations on the board shall be filled as
332	required by this act and chapter 298, Florida Statutes. The
333	Board of Supervisors of the Big Cypress Stewardship District
334	shall be residents of the state and citizens of the United
335	States. In case of a vacancy in the office of any supervisor,
336	the remaining supervisors may fill such vacancy until the next
337	annual meeting of the landowners, when his or her successor
338	shall be elected by the landowners for the unexpired term. As
339	soon as practicable after their election, the board of
340	supervisors of the district shall organize by choosing one of
341	their number to serve as president of the board of supervisors
342	and by electing some suitable person, who may or may not be a
343	member of the board, to serve as secretary. The board of
344	supervisors shall adopt a seal, which shall be the seal of the
345	district. At each annual meeting of the landowners of the
346	district, the board of supervisors shall report all work
347	undertaken or completed during the preceding year, and the
348	status of the finances of the district.
349	(3)  At the initial landowners' meeting, the landowners
350	shall, at such election, determine the length of the terms of
351	office of each initial supervisor so elected by them.
352	Respectively, there shall be one 1-year term, two 2-year terms,
353	and two 3-year terms. Thereafter, all terms of supervisors shall
354	be for 3 years. Provided, however, one 3-year supervisor
355	position shall not be elected by the landowners. Upon the
356	election of four supervisors and organization of the board, the
357	board shall appoint the fifth supervisor for a 3-year term. The
358	appointed member shall be a representative of an environmental
359	organization based in Collier County who shall not be a district
360	landowner. An appointed supervisor shall be reappointed every 3
361	years thereafter following the annual landowners' meeting as
362	prescribed herein until qualified electors of the district have
363	approved the election conversion provisions of section 189.4051,
364	Florida Statutes. Subsequent to elector approval, the appointed
365	supervisor shall be replaced at the end of his or her term by an
366	elected supervisor elected pursuant to section 298.11, Florida
367	Statutes, at an annual landowners' meeting. All supervisors
368	shall serve until their successors shall have been elected or
369	appointed and qualified.
370	(4)  All supervisors shall hold office until their
371	successors shall be elected and qualified. Whenever any election
372	shall be authorized or required by this act to be held by the
373	landowners at any particular or stated time or day, and if for
374	any reason such election shall not or cannot be held at such
375	time or on such day, then in such event and in all and every
376	such event, the power or duty to hold such election shall not
377	cease or lapse, but such election shall be held thereafter as
378	soon as practicable and consistent with this act.
379	(5)  Prior to taking any district action, a quorum must be
380	present. Quorum for district meetings shall be three
381	supervisors.
382	Section 6.  Compensation of board; per diem.--The board of
383	supervisors may be compensated pursuant to section 298.14,
384	Florida Statutes, as it may be amended from time to time. The
385	board of supervisors may, by resolution, adopt a rate of
386	reimbursement for travel, mileage, and meals for board members
387	and district employees and representatives on official district
388	business pursuant to applicable general law.
389	Section 7.  Annual landowners' meeting; election of
390	supervisors.--A landowners' meeting shall be held each year
391	during the month of June, beginning with June 2004. The purpose
392	of this meeting is to hold an election pursuant to section 5 of
393	this act and for the board of supervisors to make any district
394	reports.
395	Section 8.  Taxes; non-ad valorem assessments.--
396	(1)  AD VALOREM TAXES.--The board of supervisors, subject
397	to referendum approval pursuant to Art. VII, s. 9 of the State
398	Constitution, shall have the power to levy and assess an ad
399	valorem tax on all the taxable real and tangible personal
400	property in the district to pay the principal of and interest on
401	any general obligation bonds of the district, to provide for any
402	sinking or other funds established in connection with any such
403	bonds, and to pay the costs for construction or maintenance of
404	any of the projects or activities of the district authorized by
405	the provisions of this act or applicable general law. The total
406	amount of such ad valorem taxes levied in any year shall not be
407	in excess of 10 mills on the dollar per annum on the assessed
408	value of the taxable property within the district. The ad
409	valorem tax provided for herein shall be in addition to county
410	and municipal ad valorem taxes provided for by law.
411	(2)  NON-AD VALOREM ASSESSMENTS.--Non-ad valorem
412	assessments for the construction, operation, or maintenance of
413	district facilities, services, and operations shall be assessed,
414	levied, and collected pursuant to chapter 298, chapter 170, or
415	chapter 197, Florida Statutes, as amended from time to time.
416	(3)  TAXES, ASSESSMENTS, AND COSTS; A LIEN ON LAND AGAINST
417	WHICH ASSESSED, ETC.--All taxes and assessments provided for in
418	this act, together with all penalties for default in payment of
419	the same, and all costs in collecting the same, shall, from the
420	date of assessment thereof until paid, constitute a lien of
421	equal dignity with the liens for county taxes, and other taxes
422	of equal dignity with county taxes, upon all the lands against
423	which such taxes shall be levied as is provided in this chapter.
424	(4)  COMPENSATION OF PROPERTY APPRAISER, TAX COLLECTOR, AND
425	CLERK OF THE CIRCUIT COURT.--The Property Appraiser, Tax
426	Collector, and Clerk of the Circuit Court of Collier County
427	shall be entitled to compensation for services performed in
428	connection with taxes and assessments of the district as
429	provided by general law.
430	(5)  LEVIES OF NON-AD VALOREM ASSESSMENTS ON LAND LESS THAN
431	1 ACRE.--In levying and assessing all assessments, each tract or
432	parcel of land less than 1 acre in area shall be assessed as a
433	full acre, and each tract or parcel of land more than 1 acre in
434	area which contains a fraction of an acre shall be assessed at
435	the nearest whole number of acres, a fraction of one-half or
436	more to be assessed as a full acre.
437	Section 9.  When unpaid taxes and assessments delinquent;
438	penalty.--All taxes and assessments provided for in this act
439	shall be and become delinquent and bear penalties on the amount
440	of the taxes in the same manner as county taxes.
441	Section 10.  Enforcement of taxes and assessments.-The
442	collection and enforcement of all taxes and assessments levied
443	by the district shall be at the same time and in like manner as
444	county taxes, and the provisions of the Florida Statutes
445	relating to the sale of lands for unpaid and delinquent county
446	taxes, the issuance, sale, and delivery of tax certificates for
447	such unpaid and delinquent county taxes, the redemption thereof,
448	the issuance to individuals of tax deeds based thereon, and all
449	other procedures in connection therewith shall be applicable to
450	the district and the delinquent and unpaid taxes of the district
451	to the same extent as if the statutory provisions were expressly
452	set forth in this act. All taxes and assessments shall be
453	subject to the same discounts as county taxes.
454	Section 11.  Bonds.--
455	(1)  ISSUANCE OF REVENUE BONDS, ASSESSMENT BONDS, AND BOND
456	ANTICIPATION NOTES.--
457	(a)  In addition to the other powers provided the district,
458	and not in limitation thereof, the district shall have the
459	power, pursuant to this act, chapter 298, Florida Statutes, and
460	applicable general law as amended from time to time, at any
461	time, and from time to time, after the issuance of any bonds of
462	the district shall have been authorized, to borrow money for the
463	purposes for which such bonds are to be issued in anticipation
464	of the receipt of the proceeds of the sale of such bonds and to
465	issue bond anticipation notes in a principal sum not in excess
466	of the authorized maximum amount of such bond issue.
467	(b)  Pursuant to chapter 298, Florida Statutes, and
468	applicable general law as amended from time to time, the
469	district shall have the power to issue assessment bonds and
470	revenue bonds from time to time, without limitation as to
471	amount, for the purpose of financing those systems and
472	facilities provided for in section 3. Such revenue bonds may be
473	secured by, or payable from, the gross or net pledge of the
474	revenues to be derived from any project or combination of
475	projects; from the rates, fees, or other charges to be collected
476	from the users of any project or projects; from any revenue-
477	producing undertaking or activity of the district; from non-ad
478	valorem assessments; or from any other source or pledged
479	security. Such bonds shall not constitute an indebtedness of the
480	district, and the approval of the qualified electors shall not
481	be required unless such bonds are additionally secured by the
482	full faith and credit and taxing power of the district.
483	(c)  Any issue of bonds may be secured by a trust agreement
484	by and between the district and a corporate trustee or trustees,
485	which may be any trust company or bank having the powers of a
486	trust company within or without the state. The resolution
487	authorizing the issuance of the bonds or such trust agreement
488	may pledge the revenues to be received from any projects of the
489	district and may contain such provisions for protecting and
490	enforcing the rights and remedies of the bondholders as the
491	board may approve, including, without limitation, covenants
492	setting forth the duties of the district in relation to the
493	acquisition, construction, reconstruction, stewardship,
494	maintenance, repair, operation, and insurance of any projects;
495	the fixing and revising of the rates, fees, and charges; and the
496	custody, safeguarding, and application of all moneys and for the
497	employment of consulting engineers in connection with such
498	acquisition, construction, reconstruction, stewardship,
499	maintenance, repair, or operation.
500	(d)  Bonds of each issue shall be dated; shall bear
501	interest at such rate or rates, including variable rates, which
502	interest may be tax exempt or taxable for federal income tax
503	purposes; shall mature at such time or times from their date or
504	dates; and may be made redeemable before maturity at such price
505	or prices and under such terms and conditions as may be
506	determined by the board.
507	(e)  The district shall have the power to issue bonds for
508	the purpose of refunding any outstanding bonds of the district.
509	(2)  GENERAL OBLIGATION BONDS.--
510	(a)  Pursuant to this act, the district shall have the
511	power from time to time to issue general obligation bonds to
512	finance or refinance capital projects or to refund outstanding
513	bonds in an aggregate principal amount of bonds outstanding at
514	any one time not in excess of 35 percent of the assessed value
515	of the taxable property within the district as shown on the
516	pertinent tax records at the time of the authorization of the
517	general obligation bonds for which the full faith and credit of
518	the district is pledged. Except for refunding bonds, no general
519	obligation bonds shall be issued unless the bonds are issued to
520	finance or refinance a capital project and the issuance has been
521	approved at an election held in accordance with the requirements
522	for such election as prescribed by the State Constitution. Such
523	elections shall be called to be held in the district by the
524	board of supervisors.
525	(b)  The district may pledge its full faith and credit for
526	the payment of the principal and interest on such general
527	obligation bonds and for any reserve funds provided therefore
528	and met unconditionally and irrevocably pledge itself to ad
529	valorem taxes on all taxable property within the district, to
530	the extent necessary for the payment thereof, without
531	limitations as to greater amount.
532	(c)  If the board determines to issue general obligation
533	bonds for more than one capital project, the approval of the
534	issuance of the bonds for each and all such projects may be
535	submitted to the elector on one and the same ballot. The failure
536	of the electors to approve the issuance of bonds for any one or
537	more of the capital projects shall not defeat the approval of
538	bonds for any capital project that has been approved by the
539	electors.
540	(d)  In arriving at the amount of general obligation bonds
541	permitted to be outstanding at any one time pursuant to
542	paragraph (a), there shall not be included any general
543	obligation bonds which are additionally secured by the pledge
544	of:
545	1.  Special assessments levied in the amount sufficient to
546	pay the principal and interest on a general obligation bond so
547	additionally secured, which assessments have been equalized and
548	confirmed by resolution or ordinance of the board pursuant to
549	section 170.08, Florida Statutes.
550	2.  Water revenues, sewer revenues, or water and sewer
551	revenues of the district to be derived from user fees in an
552	amount sufficient to pay the principal and interest on the
553	general obligation bond so additionally secured.
554	3.  Any combination of assessments and revenues described
555	in subparagraphs 1 and 2.
556	Section 12.  Minimum charter requirements.--
557	(1)  The district is organized and exists for all purposes
558	set forth in this act and chapters 189 and 298, Florida
559	Statutes, as they may be amended from time to time.
560	(2)  The powers, functions, and duties of the district
561	regarding ad valorem taxation, bond issuance, other revenue-
562	raising capabilities, budget preparation and approval, liens and
563	foreclosure of liens, use of tax deeds and tax certificates as
564	appropriate for non-ad valorem assessments, and contractual
565	agreements shall be as set forth in chapters 170, 189, and 298,
566	Florida Statutes, or any other applicable general or special
567	law, as they may be amended from time to time.
568	(3)  The district is created by special act of the
569	Legislature, in accordance with chapters 189 and 298, Florida
570	Statutes.
571	(4)  The district's charter may be amended only by special
572	act of the Legislature.
573	(5)  In accordance with chapter 189, Florida Statutes, this
574	act, and section 298.11, Florida Statutes, the district is
575	governed by a five-member board, elected on a one-acre one-vote
576	basis by the landowners in the district. The membership and
577	organization of the board shall be as set forth in this act and
578	chapter 298, Florida Statutes, as they may be amended from time
579	to time.
580	(6)  The compensation of board members shall be governed by
581	this act and chapters 189 and 298, Florida Statutes, as they may
582	be amended from time to time.
583	(7)  The administrative duties of the board of supervisors
584	shall be as set forth in this act and chapters 189 and 298,
585	Florida Statutes, as they may be amended from time to time.
586	(8)  Requirements for financial disclosure, meeting
587	notices, reporting, public records maintenance, and per diem
588	expenses for officers and employees shall be as set forth in
589	this act and chapters 112, 189, 286, and 298, Florida Statutes,
590	as they may be amended from time to time.
591	(9)  The procedures and requirements governing the issuance
592	of bonds, notes, and other evidence of indebtedness by the
593	district shall be as set forth in this act, chapter 298, Florida
594	Statutes, and applicable general laws, as they may be amended
595	from time to time.
596	(10)  The procedures for conducting district elections and
597	for qualification of electors shall be pursuant to this act and
598	chapters 189 and 298, Florida Statutes, as they may be amended
599	from time to time.
600	(11)  The district may be financed by any method
601	established in this act, chapter 298, Florida Statutes, and
602	applicable general laws, as they may be amended from time to
603	time.
604	(12)  The methods for collecting non-ad valorem
605	assessments, fees, or service charges shall be as set forth in
606	chapters 197 and 298, Florida Statutes, and other applicable
607	general laws, as they may be amended from time to time.
608	(13)  The district's planning requirements shall be as set
609	forth in this act.
610	(a)  The district's geographic boundary limitations shall
611	be as set forth in this act.
612	(b)  The district and Collier County shall, within 90 days
613	after referendum approval of this act as provided in section 15,
614	enter into an interlocal agreement with Collier County providing
615	for a fair share capital construction funding contribution for
616	the long-range traffic capacity improvements of county arterial
617	and collector roads within and proximate to the district. The
618	agreement may be amended by mutual consent of the parties.
619	(c)  Any subsequent amendment to this act exempting or
620	otherwise relieving the district of any requirements of section
621	189.4155(1), Florida Statutes, shall require a resolution or
622	official statement from Collier County pursuant to section
623	189.404(2)(e)4., Florida Statutes, confirming compliance with
624	the adopted comprehensive plan and no objection to the
625	amendment.
626	(d)  Any application for federal, state, or local
627	government grant moneys for which Collier County is also
628	eligible pursuant to applicable rules and regulations shall
629	require a resolution by the county commission or a written
630	statement of no objection from the county's chief executive
631	officer prior to filing the application.
632	Section 13.  In case any one or more of the sections or
633	provisions of this act or the application of such sections or
634	provisions to any situation, circumstance, or person shall for
635	any reason be held to be unconstitutional, such
636	unconstitutionality shall not affect any other sections or
637	provisions of this act or the application of such sections or
638	provisions to any other situation, circumstance, or person, and
639	it is intended that this law shall be construed and applied as
640	if such section or provision had not been included herein for
641	any unconstitutional application.
642	Section 14.  In the election provided for in section 15,
643	each assessable acre or fraction thereof present in person or by
644	proxy shall be counted as one vote.
645	Section 15.  This section and section 14 shall take effect
646	upon this act becoming a law, and the remaining sections shall
647	take effect upon approval by a majority vote of the owners of
648	land within the district not exempt from ad valorem taxes or
649	non-ad valorem assessments present at a landowners' meeting to
650	be held within 20 days after this section becoming a law.

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