HB 1429

1
A bill to be entitled
2An act relating to Manatee and Sarasota Counties; creating
3within portions of such counties the "Lakewood Ranch
4Stewardship District Act"; providing a popular name;
5providing legislative findings and intent; providing
6definitions; stating legislative policy regarding creation
7of the district; establishing compliance with minimum
8requirements in s. 189.404(3), F.S., for creation of an
9independent special district; providing for creation and
10establishment of the district; establishing the legal
11boundaries of the district; providing for the jurisdiction
12and charter of the district; providing for a board of
13supervisors and establishing membership criteria and
14election procedures; providing for board members' terms of
15office; providing for board meetings; providing for
16administrative duties of the board; providing a method for
17transition of the board from landowner control to control
18by the resident electors of the district; providing for a
19district manager and district personnel; providing for a
20district treasurer, selection of a public depository, and
21district budgets and financial reports; providing for the
22general powers of the district; providing for the special
23powers of the district to plan, finance, and provide
24community infrastructure and services within the district;
25providing that the exercise of the special powers by the
26district within Manatee and Sarasota Counties is limited
27until such time as the district enters into an interlocal
28agreement with the respective county; providing for
29required notices to purchasers of residential units within
30the district; providing severability; providing for a
31referendum; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  This act may be cited as the "Lakewood Ranch
36Stewardship District Act."
37     Section 2.  Legislative findings and intent; definitions;
38policy.--
39     (1)  LEGISLATIVE FINDINGS AND INTENT.--
40     (a)  The extensive lands located within both Manatee and
41Sarasota Counties and covered by this act contain many
42opportunities for thoughtful, comprehensive, environmentally
43responsible, and consistent development over a long period.
44     (b)  There is a particular special need to use a
45specialized and limited single-purpose independent special
46district unit of local government for the Lakewood Ranch lands
47located within Sarasota and Manatee Counties and covered by this
48act to prevent urban sprawl by providing sustaining and
49freestanding infrastructure and by preventing needless and
50counterproductive community development when the existing urban
51area is not yet developed, and to prevent the needless
52duplication, fragmentation, and proliferation of local
53government services in a proposed land use area.
54     (c)  Management of conservation, environmental,
55agricultural, and economic challenges and opportunities in the
56Lakewood Ranch area transcends the boundaries and
57responsibilities of both private landowners and individual units
58of government.
59     (d)  There is a considerably long period of time during
60which there is an inordinate burden on the initial landowners of
61these Lakewood Ranch lands, such that there is a need for
62flexible management, sequencing, timing, and financing of the
63various systems, facilities, and services to be provided to
64these lands, taking into consideration absorption rates,
65commercial viability, and related factors.
66     (e)  While chapter 190, Florida Statutes, provides an
67opportunity for community development services and facilities to
68be provided by the establishment of community development
69districts in a manner that furthers the public interest, current
70general law prohibits the establishment of a community
71development district transcending county boundaries. Given the
72vast nature of the lands covered by this act and the potentially
73long-term nature of its development, establishing multiple
74community development districts over these lands would result in
75an inefficient, duplicative, and needless proliferation of local
76special purpose government, contrary to the public interest and
77the Legislature's findings in chapter 190, Florida Statutes.
78Instead, it is in the public interest that the long-range
79provision for, and management, financing, and long-term
80maintenance, upkeep, and operation of, services and facilities
81to be provided for ultimate development of the lands covered by
82this act be under one coordinated entity.
83     (f)  Longer involvement of the initial landowner with
84regard to the provision of systems, facilities, and services for
85the Lakewood Ranch lands, coupled with a severely limited and
86highly specialized single purpose of the District is in the
87public interest.
88     (g)  Any public or private system to provide infrastructure
89improvements, systems, facilities, and services to these lands
90must be focused on an unfettered, highly specialized,
91innovative, responsive, and accountable mechanism to provide the
92components of infrastructure at sustained levels of high quality
93over the long term only when and as needed for such a unique
94community in such a unique area.
95     (h)  There is a need to coincide the use and special
96attributes of various public and private alternatives for the
97provision of infrastructure to such a community development,
98including the limited, flexible, focused, and locally
99accountable management and related financing capabilities of
100independent special purpose local government.
101     (i)  The existence and use of such a limited specialized
102single purpose local government for the Lakewood Ranch lands,
103subject to the respective county comprehensive plans, will:
104result in a high propensity to provide for orderly development
105and prevent urban sprawl; protect and preserve environmental,
106conservation, and agricultural uses and assets; enhance the
107market value for both present and future landowners of the
108property consistent with the need to protect private property;
109enhance the net economic benefit to the Sarasota and Manatee
110Counties area, including an enhanced and well-maintained tax
111base to the benefit of all present and future taxpayers in
112Sarasota and Manatee Counties; and result in the sharing of
113costs of providing certain systems, facilities, and services in
114an innovative, sequential, and flexible manner within the
115developing area to be serviced by the District.
116     (j)  The creation and establishment of the District will
117encourage local government financial self-sufficiency in
118providing public facilities and in identifying and implementing
119physically sound, innovative, and cost-effective techniques to
120provide and finance public facilities while encouraging
121development, use, and coordination of capital improvement plans
122by all levels of government, pursuant to chapter 187, Florida
123Statutes.
124     (k)  The creation and establishment of the District will
125encourage and enhance cooperation among communities that have
126unique assets, irrespective of political boundaries, to bring
127the private and public sectors together for establishing an
128orderly and environmentally and economically sound plan for
129current and future needs and growth.
130     (l)  The creation and establishment of the District is a
131legitimate alternative method available to manage, own, operate,
132construct, and finance capital infrastructure systems,
133facilities, and services.
134     (m)  In order to be responsive to the critical timing
135required through the exercise of its special management
136functions, an independent district requires financing of those
137functions, including bondable lienable and nonlienable revenue,
138with full and continuing public disclosure and accountability,
139funded by landowners, both present and future, and funded also
140by users of the systems, facilities, and services provided to
141the land area by the District, without unduly burdening the
142taxpayers and citizens of the state, Sarasota County, Manatee
143County, or any municipality therein.
144     (n)  The District created and established by this act shall
145not have or exercise any comprehensive planning, zoning, or
146development permitting power; the establishment of the District
147shall not be considered a development order within the meaning
148of chapter 380, Florida Statutes; and all applicable planning
149and permitting laws, rules, regulations, and policies of
150Sarasota and Manatee Counties control the development of the
151land to be serviced by the District.
152     (o)  The creation by this act of the Lakewood Ranch
153Stewardship District is not inconsistent with either the
154Sarasota County or the Manatee County comprehensive plan.
155     (p)  It is the legislative intent and purpose that no debt
156or obligation of the District constitute a burden on any local
157general-purpose government without its consent.
158     (2)  DEFINITIONS.--As used in this act:
159     (a)  "Ad valorem bonds" means bonds which are payable from
160the proceeds of ad valorem taxes levied on real and tangible
161personal property and which are generally referred to as general
162obligation bonds.
163     (b)  "Assessable improvements" means, without limitation,
164any and all public improvements and community facilities that
165the District is empowered to provide in accordance with this act
166that provide a special benefit to property within the District.
167     (c)  "Assessment bonds" means special obligations of the
168District which are payable solely from proceeds of the special
169assessments or benefit special assessments levied for assessable
170improvements, provided that, in lieu of issuing assessment bonds
171to fund the costs of assessable improvements, the District may
172issue revenue bonds for such purposes payable from special
173assessments.
174     (d)  "Assessments" means those nonmillage District
175assessments which include special assessments, benefit special
176assessments, and maintenance special assessments and a
177nonmillage, non-ad valorem maintenance tax if authorized by
178general law.
179     (e)  "Lakewood Ranch Stewardship District" means the unit
180of special and single purpose local government created and
181chartered by this act, including the creation of its charter,
182and limited to the performance, in implementing its single
183purpose, of those general and special powers authorized by its
184charter under this act, the boundaries of which are set forth by
185the act, the governing head of which is created and authorized
186to operate with legal existence by this act, and the purpose of
187which is as set forth in this act.
188     (f)  "Benefit special assessments" are District assessments
189imposed, levied, and collected pursuant to the provisions of
190section 6(12)(b).
191     (g)  "Board of Supervisors" or "board" means the governing
192board of the District or, if such board has been abolished, the
193board, body, or commission assuming the principal functions
194thereof or to whom the powers given to the board by this act
195have been given by law.
196     (h)  "Bond" includes "certificate," and the provisions that
197are applicable to bonds are equally applicable to certificates.
198The term "bond" includes any general obligation bond, assessment
199bond, refunding bond, revenue bond, and other such obligation in
200the nature of a bond as is provided for in this act.
201     (i)  "Cost" or "costs," when used with reference to any
202project, includes, but is not limited to:
203     1.  The expenses of determining the feasibility or
204practicability of acquisition, construction, or reconstruction.
205     2.  The cost of surveys, estimates, plans, and
206specifications.
207     3.  The cost of improvements.
208     4.  Engineering, fiscal, and legal expenses and charges.
209     5.  The cost of all labor, materials, machinery, and
210equipment.
211     6.  The cost of all lands, properties, rights, easements,
212and franchises acquired.
213     7.  Financing charges.
214     8.  The creation of initial reserve and debt service funds.
215     9.  Working capital.
216     10.  Interest charges incurred or estimated to be incurred
217on money borrowed prior to and during construction and
218acquisition and for such reasonable period of time after
219completion of construction or acquisition as the board may
220determine.
221     11.  The cost of issuance of bonds pursuant to this act,
222including advertisements and printing.
223     12.  The cost of any bond or tax referendum held pursuant
224to this act and all other expenses of issuance of bonds.
225     13.  The discount, if any, on the sale or exchange of
226bonds.
227     14.  Administrative expenses.
228     15.  Such other expenses as may be necessary or incidental
229to the acquisition, construction, or reconstruction of any
230project, or to the financing thereof, or to the development of
231any lands within the District.
232     16.  Payments, contributions, dedications, and any other
233exactions required as a condition of receiving any governmental
234approval or permit necessary to accomplish any District purpose.
235     (j)  "District" means the Lakewood Ranch Stewardship
236District.
237     (k)  "District manager" means the manager of the District.
238     (l)  "District roads" means highways, streets, roads,
239alleys, sidewalks, landscaping, storm drains, bridges, and
240thoroughfares of all kinds.
241     (m)  "General obligation bonds" means bonds which are
242secured by, or provide for their payment by, the pledge of the
243full faith and credit and taxing power of the District, in
244addition to those special taxes levied for their discharge and
245such other sources as may be provided for their payment or
246pledged as security under the resolution authorizing their
247issuance, and for payment of which recourse may be had against
248the general fund of the District.
249     (n)  "Governing board member" means any member of the Board
250of Supervisors.
251     (o)  "Land development regulations" means those regulations
252of general purpose local government, adopted under the Florida
253Local Government Comprehensive Planning and Land Development
254Regulation Act, codified as part II of chapter 163, Florida
255Statutes, to which the District is subject and as to which the
256District may not do anything that is inconsistent. Land
257development regulations shall not mean specific management,
258engineering, planning, and other criteria and standards needed
259in the daily management, implementation, and provision by the
260District of systems, facilities, services, works, improvements,
261projects, or infrastructure, including design criteria and
262standards, so long as they remain subject to and are not
263inconsistent with the applicable land development regulations.
264     (p)  "Landowner" means the owner of a freehold estate as it
265appears on the deed record, including a trustee, a private
266corporation, and an owner of a condominium unit. "Landowner"
267does not include a reversioner, remainderman, mortgagee, or any
268governmental entity, who shall not be counted and need not be
269notified of proceedings under this act. "Landowner" also means
270the owner of a ground lease from a governmental entity, which
271leasehold interest has a remaining term, excluding all renewal
272options, in excess of 50 years.
273     (q)  "General-purpose local government" means a county,
274municipality, or consolidated city-county government.
275     (r)  "Maintenance special assessments" are assessments
276imposed, levied, and collected pursuant to the provisions of
277section 6(12)(d).
278     (s)  "Non-ad valorem assessment" means only those
279assessments which are not based upon millage and which can
280become a lien against a homestead as permitted in s. 4, Art. X
281of the State Constitution.
282     (t)  "Powers" means powers used and exercised by the Board
283of Supervisors to accomplish the single, limited, and special
284purpose of the District, including:
285     1.  "General powers," which means those organizational and
286administrative powers of the District as provided in its charter
287in order to carry out its single special purpose as a local
288government public corporate body politic.
289     2.  "Special powers," which means those powers enumerated
290by the District charter to implement its specialized systems,
291facilities, services, projects, improvements, and infrastructure
292and related functions in order to carry out its single
293specialized purpose.
294     3.  Any other powers, authority, or functions set forth in
295this act.
296     (u)  "Project" means any development, improvement,
297property, power, utility, facility, enterprise, service, system,
298works, or infrastructure now existing or hereafter undertaken or
299established under the provisions of this act.
300     (v)  "Qualified elector" means any person at least 18 years
301of age who is a citizen of the United States and a legal
302resident of the state and of the District and who registers to
303vote with the Supervisor of Elections in either Manatee County
304or Sarasota County and resides in either Manatee County or
305Sarasota County.
306     (w)  "Refunding bonds" means bonds issued to refinance
307outstanding bonds of any type and the interest and redemption
308premium thereon. Refunding bonds shall be issuable and payable
309in the same manner as refinanced bonds, except that no approval
310by the electorate shall be required unless required by the State
311Constitution.
312     (x)  "Revenue bonds" means obligations of the District that
313are payable from revenues, including, but not limited to,
314special assessments and benefit special assessments, derived
315from sources other than ad valorem taxes on real or tangible
316personal property and that do not pledge the property, credit,
317or general tax revenue of the District.
318     (y)  "Sewer system" means any plant, system, facility, or
319property, and additions, extensions, and improvements thereto at
320any future time constructed or acquired as part thereof, useful
321or necessary or having the present capacity for future use in
322connection with the collection, treatment, purification, or
323disposal of sewage, including, but not limited to, industrial
324wastes resulting from any process of industry, manufacture,
325trade, or business or from the development of any natural
326resource. Sewer system also includes treatment plants, pumping
327stations, lift stations, valves, force mains, intercepting
328sewers, laterals, pressure lines, mains, and all necessary
329appurtenances and equipment; all sewer mains, laterals, and
330other devices for the reception and collection of sewage from
331premises connected therewith; and all real and personal property
332and any interest therein, and rights, easements, and franchises
333of any nature relating to any such system and necessary or
334convenient for operation thereof.
335     (z)  "Special assessments" shall mean assessments as
336imposed, levied, and collected by the District for the costs of
337 assessable improvements pursuant to the provisions of this act,
338chapter 170, Florida Statutes, and the additional authority
339under section 197.3631, Florida Statutes, or other provisions of
340general law, now or hereinafter enacted, which provide or
341authorize a supplemental means to impose, levy, or collect
342special assessments.
343     (aa)  "Taxes" or "tax" means those levies and impositions
344of the Board of Supervisors that support and pay for government
345and the administration of law and that may be:
346     1.  Ad valorem or property taxes based upon both the
347appraised value of property and millage, at a rate uniform
348within the jurisdiction; or
349     2.  If and when authorized by general law, non-ad valorem
350maintenance taxes not based on millage that are used to maintain
351District systems, facilities, and services.
352     (bb)  "Water system" means any plant, system, facility, or
353property, and any addition, extension, or improvement thereto at
354any future time constructed or acquired as a part thereof,
355useful, necessary, or having the present capacity for future use
356in connection with the development of sources, treatment,
357purification, or distribution of water. "Water system" also
358includes dams, reservoirs, storage tanks, mains, lines, valves,
359pumping stations, laterals, and pipes for the purpose of
360carrying water to the premises connected with such system, and
361all rights, easements, and franchises of any nature relating to
362any such system and necessary or convenient for the operation
363thereof.
364     (3)  POLICY.--Based upon its findings, ascertainments,
365determinations, intent, purpose, and definitions, the
366Legislature states its policy expressly:
367     (a)  The District and the District charter, with its
368general and special powers, as created in this act, are
369essential and the best alternative for the residential,
370commercial, and other community uses, projects, or functions in
371the included portions of Sarasota and Manatee Counties
372consistent with the effective comprehensive plans and designed
373to serve a lawful public purpose.
374     (b)  The District, which is a local government and a
375political subdivision, is limited to its special purpose as
376expressed in this act, with the power to provide, plan,
377implement, construct, maintain, and finance as a local
378government management entity its systems, facilities, services,
379improvements, infrastructure, and projects and possessing
380financing powers to fund its management power over the long term
381and with sustained levels of high quality.
382     (c)  The creation of the Lakewood Ranch Stewardship
383District by and pursuant to this act, and its exercise of its
384management and related financing powers to implement its
385limited, single, and special purpose, is not a development order
386and does not trigger or invoke any provision within the meaning
387of chapter 380, Florida Statutes, and all applicable
388governmental planning, environmental, and land development laws,
389regulations, rules, policies, and ordinances apply to all
390development of the land within the jurisdiction of the District
391as created by this act.
392     (d)  The District shall operate and function subject to,
393and not inconsistent with, the applicable comprehensive plans of
394either Manatee County or Sarasota County and any applicable
395development orders, zoning regulations, or other land
396development regulations.
397     (e)  The special and single purpose Lakewood Ranch
398Stewardship District shall not have the power of a general-
399purpose local government to adopt a comprehensive plan or
400related land development regulation as those terms are defined
401in the Florida Local Government Comprehensive Planning and Land
402Development Regulation Act.
403     (f)  This act may be amended, in whole or in part, only by
404special act of the Legislature. No amendment to this act that
405alters the District boundaries or the special powers of the
406District may be considered by the Legislature unless it is
407accompanied by a resolution or official statement as provided
408for in section 189.404(2)(e)4., Florida Statutes. However, if an
409amendment alters the District boundaries in only one county, or
410affects the District's special powers in only one county, it
411shall be necessary to secure the resolution or statement from
412only the affected county.
413     Section 3.  Minimum charter requirements; creation and
414establishment; jurisdiction; construction; charter with legal
415description.--
416     (1)  Pursuant to section 189.404(3), Florida Statutes, the
417Legislature sets forth that the minimum requirements in
418paragraphs (a) through (o) have been met in the identified
419provisions of this act as follows:
420     (a)  The purpose of the District is stated in the act in
421subsection (4) and in section 2(3).
422     (b)  The powers, functions, and duties of the District
423regarding ad valorem taxation, bond issuance, other revenue-
424raising capabilities, budget preparation and approval, liens and
425foreclosure of liens, use of tax deeds and tax certificates as
426appropriate for non-ad valorem assessments, and contractual
427agreements are set forth in section 6.
428     (c)  The provisions for methods for establishing the
429District are in this section.
430     (d)  The methods for amending the charter of the District
431are set forth in section 2.
432     (e)  The provisions for the membership and organization of
433the governing board and the establishment of a quorum are in
434section 5.
435     (f)  The provisions regarding maximum compensation of each
436board member are in section 5.
437     (g)  The provisions regarding the administrative duties of
438the governing board are found in sections 5 and 6.
439     (h)  The provisions applicable to financial disclosure,
440noticing, and reporting requirements generally are set forth in
441sections 5 and 6.
442     (i)  The provisions regarding procedures and requirements
443for issuing bonds are set forth in section 6.
444     (j)  The provisions regarding elections or referenda and
445the qualifications of an elector of the District are in sections
4462 and 5.
447     (k)  The provisions regarding methods for financing the
448District are generally in section 6.
449     (l)  Other than taxes levied for the payment of bonds and
450taxes levied for periods not longer than 2 years when authorized
451by vote of the electors of the District, the provisions for the
452authority to levy ad valorem tax and the authorized millage rate
453are in section 6.
454     (m)  The provisions for the method or methods of collecting
455non-ad valorem assessments, fees, or service charges are in
456section 6.
457     (n)  The provisions for planning requirements are in this
458section and section 6.
459     (o)  The provisions for geographic boundary limitations of
460the District are set forth in sections 4 and 6.
461     (2)  The Lakewood Ranch Stewardship District, which also
462may be referred to as the "Stewardship District," "Lakewood
463Ranch District," or "District," is created and incorporated as a
464public body corporate and politic, an independent, limited,
465special purpose local government, an independent special
466district, under section 189.404, Florida Statutes, as amended
467from time to time, and as defined in this act and in section
468189.403(3), Florida Statutes, as amended from time to time, in
469and for portions of Manatee and Sarasota Counties. Any
470amendments to chapter 190, Florida Statutes, after January 1,
4712005, granting additional general powers, special powers,
472authorities, or projects to a community development district by
473amendment to its uniform charter, sections 190.006-190.041,
474Florida Statutes, shall constitute a general power, special
475power, authority, or function of the Lakewood Ranch Stewardship
476District. All notices for the enactment by the Legislature of
477this special act have been provided pursuant to the State
478Constitution, the laws of Florida, and the Rules of the Florida
479House of Representatives and of the Florida Senate. No
480referendum subsequent to the effective date of this act is
481required as a condition of establishing the District. Therefore,
482the District, as created by this act, is established on the
483property described in this act.
484     (3)  The territorial boundary of the District shall embrace
485and include all of that certain real property described legally
486in section 4.
487     (4)  The jurisdiction of this District, in the exercise of
488its general and special powers, and in the carrying out of its
489special purposes, is both within the external boundaries of the
490legal description of this District and extraterritorially when
491limited to, and as authorized expressly elsewhere in, the
492charter of the District as created in this act or applicable
493general law. This special purpose District is created as a
494public body corporate and politic, and local government
495authority and power is limited by its charter, this act, and
496subject to the provisions of other general laws, including
497chapter 189, Florida Statutes, except that an inconsistent
498provision in this act shall control and the District has
499jurisdiction to perform such acts and exercise such projects,
500functions, and powers as shall be necessary, convenient,
501incidental, proper, or reasonable for the implementation of its
502limited, single, and specialized purpose regarding the sound
503planning, provision, acquisition, development, operation,
504maintenance, and related financing of those public systems,
505facilities, services, improvements, projects, and infrastructure
506works as authorized herein, including those necessary and
507incidental thereto.
508     (5)  The exclusive charter of the "Lakewood Ranch
509Stewardship District" is this act and, except as otherwise
510provided in subsection (2) of this section, may be amended only
511by special act of the Legislature.
512     Section 4.  Legal description of the Lakewood Ranch
513Stewardship District.--
514
515LEGAL DESCRIPTION.  The metes and bounds legal
516description of the District, within which there are no
517parcels of property owned by those who do not wish
518their property to be included within the District, is
519as follows:
520Section 29, Township 34 South, Range 19 East:
521That portion of Section 29, lying south of the right-
522of-way of State Road 64 and east of the record plat of
523Lakewood Ranch Commerce Park, Block C, recorded in
524Plat Book 38, Page 160 through 163 of the Public
525Records of Manatee County, Florida;
526Section 31, Township 34 South, Range 19 East:
527That portion of the southeast quarter of Section 31,
528lying east of Lakewood Ranch Boulevard, a 120-foot
529wide Public Right-of-Way, as recorded in Official
530Record Book 1429, Page 3703 Public Records of Manatee
531County, Florida; also that portion of the southeast
532quarter of said Section 31, lying west of said
533Lakewood Ranch Boulevard, south of Lakewood Ranch
534Commerce Park, Block B, recorded in Plat Book 36,
535Pages 71 through 77 of said Public Records and east of
536the east line of the "Manatee County Landfill" as
537described in Special Warranty Deed to Manatee County,
538recorded in Official Record Book 1166, Page 3590,
539Public Records of Manatee County, Florida;
540Section 32, Township 34 South, Range 19 East:
541That portion of the west half of Section 32, lying
542east of Lakewood Ranch Boulevard, a 120-foot wide
543Public Right-of-Way, as recorded in Official Record
544Book 1429, Page 3703 of said Public Records, less and
545except the record plat of Lakewood Ranch Commerce
546Park, Block C, recorded in Plat Book 38, Page 160
547through 163 of said Public Records, also less and
548except premises described in Special Warranty Deed to
549Lakewood Flex Properties Phase II, Inc, recorded in
550Official Record Book 1934, Page 5505 Public Records of
551Manatee County, Florida;
552Also:
553The west half of the southeast quarter of said Section
55432;
555Also:
556The southeast quarter of the southeast quarter of said
557Section 32, less and except premises described in
558Special warranty Deed to Ashton Associates of
559Sarasota, L.L.C., recorded in Official Record Book
5601888, Page 7567 Public Records of Manatee County,
561Florida;
562Also:
563The northwest quarter of the northeast quarter lying
564south of State Road 64, less and except the east 100-
565feet described in Warranty Deed to John D. Taylor and
566Beverly J. Taylor, recorded in Official Record Book
5671331, Page 0041 Public Records of Manatee County,
568Florida;
569Also:
570That portion of the southwest quarter of the northeast
571quarter being more particularly described as follows:
572Begin at the northwest corner of the southwest quarter
573of the northeast quarter of said Section 32; thence
574east, 466.8 feet along north side of said 40 acre
575tract; thence south, 466.8 feet; thence west, 466.8
576feet to west line of 40 acre tract; thence north,
577466.8 feet to the POINT OF BEGINNING;
578Also:
579That part of the southwest quarter of the northeast
580quarter of Section 32, Township 34 South, Range 19
581East, described as follows:  Commence at a concrete
582monument found marking the southwest corner of the
583southwest quarter of the northeast quarter of Section
58432, Township 34 South, Range 19 East, as occupied by
585John D. Taylor & being the southwest corner of that
586certain parcel of land as described in Official Record
587Book 656 Page 103 of the Public Records of Manatee
588County, Florida, for a POINT OF BEGINNING; thence
589S.89°35'55"E., along the south line of said southeast
590quarter of northeast quarter, 290.77 feet; thence N.
59100° 42' 08"E., parallel with the west line of said
592southwest quarter of northeast quarter, 299.62 feet;
593thence N. 89°35'55"W. along the northerly line of said
594land described in Official Record Book  656 Page 103,
595a distance of 290.77 feet to the intersection with the
596west line of said southwest quarter of the northeast
597quarter; thence S.00°42'"08W., along the west line of
598said southwest quarter of the northeast quarter, a
599distance of 299.62 feet to the POINT OF BEGINNING,
600being & lying in the southwest quarter of the
601northeast quarter of Section 32, township 34 South,
602Range 19 East, Manatee County, Florida;
603
604Section 33, Township 34 South, Range 19 East:
605The east half, the northeast quarter of the northwest
606quarter, the northwest quarter of the northwest
607quarter, the southeast quarter of the northwest
608quarter, and the southwest quarter of the southwest
609quarter of Section 33, Township 34 South, Range 19
610East,
611Less:
612Road right-of-way for State Road 64 and less that part
613of the above described property, lying north and east
614of said State Road 64 as described in Official Record
615Book 1095, Page 256;
616Less:
617Road right-of-way for Pope Road;
618Less:
619Premises described in Special Warranty Deed to Roy F.
620Green, recorded in Official Record Book 1752, Page
6214576;
622Less:
623Premises described in Special Warranty Deed to Triko
624Enterprises, Inc, recorded in Official Record Book
6251407, Page 3313 and Official Record Book 1752, Page
6262251;
627Less:
628Premises described in Special Warranty Deed to Peoples
629Gas System, recorded in Official Record Book 1576,
630Page 4158;
631Section 35, Township 34 South, Range 19 East:
632The south half of the northeast quarter, and the east
633half of the southeast quarter of Section 35, Township
63434 South, Range 19 East;
635Less:
636Road right-of-way for State Road 64
637Section 36, Township 34 South, Range 19 East:
638The west half of the northeast quarter, the southeast
639quarter of the northeast quarter, the east half of the
640northwest quarter, and the south half of Section 36,
641Township 34 South, Range 19 East;
642Less:
643Road right-of-way for State Road 64
644Section 1, Township 35 South, Range 19 East:
645All of Section 1, Township 35 South, Range 19 East;
646Less:
647Road right-of-way for State Road 64
648Section 2, Township 35 South, Range 19 East:
649All of Section 2, Township 35 South, Range 19 East;
650Less:
651The northwest quarter of the northeast quarter, the
652north half of the northwest quarter, and road right-
653of-way for State Road 64;
654Section 3, Township 35 South, Range 19 East:
655The south half of the north half, the southeast
656quarter of the southwest quarter, and the southeast
657quarter of Section 3, Township 35 South, Range 19
658East;
659Less:
660Road right-of-way for Lorraine Road
661Section 4, Township 35 South, Range 19 East:
662The northwest quarter of the northeast quarter, the
663south-half of the northeast quarter, the east half of
664the northeast quarter of the northwest quarter, the
665southeast quarter of the northwest quarter, the south-
666half of the southwest quarter of the northwest
667quarter, the north-half of the south-half, the
668southeast quarter of the southwest quarter, and the
669south half of the southeast quarter of Section 4,
670Township 35 South, Range 19 East;
671Less:
672Premises described in Special Warranty Deed to
673Ellenton Fruit Company, recorded in Official Record
674Book 1472, Page 4620
675Less:
676Road right-of-way for Pope Road, recorded in Road Plat
677Book 8, Pages 138 through 152
678Section 5, Township 35 South, Range 19 East:
679All of Section 5, Township 35 South, Range 19 East;
680Less:
681Right-of-way for Lakewood Ranch Boulevard, as recorded
682in Official Record Book 1429, Page 3703 Public Records
683of Manatee County, Florida;
684Less:
685A portion of premises described in Warranty Deed to
686the County of Manatee, recorded in Official Record
687Book 1540, Page 7900 of said Public Records
688Less:
689Road right-of-way for Pope Road, recorded in Road Plat
690Book 8, Pages 138 through 152
691Section 6, Township 35 South, Range 19 East:
692That portion of Section 6, Township 35 South, Range 19
693East, lying easterly of east line of the "Manatee
694County Landfill", as described in Special Warranty
695Deed to Manatee County, recorded in Official Record
696Book 1166, Page 3590, Public Records of Manatee
697County, Florida;
698Less:
699Right-of-way for Lakewood Ranch Boulevard, as recorded
700in Official Record Book 1429, Page 3703 Public Records
701of Manatee County, Florida;
702Less:
703A portion of premises described in Warranty Deed to
704the County of Manatee, recorded in Official Record
705Book 1540, Page 7900 of said Public Records
706Section 7, Township 35 South, Range 19 East:
707That portion of Section 7, Township 35 South, Range 19
708East, lying easterly of the easterly right-of-way line
709of Lakewood Ranch Boulevard, as recorded in Official
710Record Book 1429, Page 3703 Public Records of Manatee
711County, Florida;
712Also:
713That portion of Section 7, Township 35 South, Range 19
714East, lying southerly of the "Manatee County
715Landfill", as described in Special Warranty Deed to
716Manatee County, recorded in Official Record Book 1166,
717Page 3590, of said Public Records and northerly of the
718southerly line of the proposed 44th Avenue, said 44th
719Avenue being more particularly described as follows:
720LEGAL DESCRIPTION OF PROPOSED 44 AVENUE RIGHT-OF-WAY
721(as prepared by the certifying Surveyor and Mapper):
722A tract lying in Sections 7 and 8, Township 35 South,
723Range 19 East, Manatee County, Florida and described
724as follows:
725Commence at the southwest corner of the North 1/2 of
726Section 17, Township 35 South, Range 19 East, also
727being the Southeast corner of the North 1/2 of Section
72818, Township 35 South, Range 19 East; thence
729S.89°34'40"E., along the South line of the North 1/2
730of said Section 17, a distance of 187.55 feet to the
731intersection with the Westerly Right-of-way of
732Lakewood Ranch Boulevard (formerly Upper Manatee River
733Road Extension), a 120-foot wide public right-of-way
734as recorded in Official Record Book 1429, Page 3703 of
735the Public Records of Manatee County, Florida, said
736point being on the arc of a curve to the right, whose
737radius point lies N.63°58'46"E., a radial distance of
7382310.00 feet; thence run northwesterly, along said
739westerly right-of-way for the following five calls;
740thence along the arc of said curve, through a central
741angle of 23°42'37", a distance of 955.93 feet to the
742point of tangency of said curve; thence N.02°18'37"W.,
743N.02°18'37"W., a distance of 1736.20 feet to the
744intersection with the common section line to Sections
7457 and 18, Township 35 South, Range 19 East, said point
746lying N.88°45'31"W., 141.64 feet from the section
747corner common to said Sections 7 and 18; thence
748continue N.02°18'37"W., a distance of 339.27 feet to
749the point of curvature of a curve to the right, having
750a radius of 4060.00 feet and a central angle of
75106°59'18"; thence run Northerly along the arc of said
752curve, a distance of 495.20 feet to the point of
753tangency of said curve; thence N.04°40'41"E., a
754distance of 2,624.25 feet to the point of curvature of
755a curve to the left having a radius of 1,940.00 feet
756and a central angle of 26°40'32"; thence northerly
757along the arc of said curve, an arc length of 903.21
758feet to the POINT OF BEGINNING; thence S.68°00'09"W.,
759S.68°00'09"W., a distance of 15.00 feet to a point
760on a curve to the left, of which the radius point lies
761S.68°00'09'W., a radial distance of 50.00 feet; thence
762northwesterly along the arc of said curve, through a
763central angle of 83°34'33", an arc length of 72.93
764feet to the point of tangency of said curve; thence
765S.74°25'37"W., a distance of 54.55 feet to the point
766of curvature of a curve to the right having a radius
767of 2,952.50 feet and a central angle of 12°46'49";
768thence westerly along the arc of said curve, an arc
769length of 658.58 feet to the point of tangency of said
770curve; thence N.02°47'34"W., a distance of 12.50 feet
771to the point of curvature of curve to the right,
772having a radius of 2,940.00 feet; thence westerly
773along the arc of said curve, through a central angle
774of 24°02'05", an arc length of 1,233.29 feet to the
775point of reverse curvature of a curve to the left
776having a radius of 2,790.00 feet and a central angle
777of 31°26'50"; thence westerly along the arc of said
778curve, a distance of 1,531.31 feet to the point of
779reverse curvature of a curve to the right having a
780radius of 2,940.00 feet and a central angle of
78115°52'03"; thence westerly along the arc of said
782curve, a distance of 814.20 feet to the northerly line
783of a 50-foot wide gas line easement as recorded in
784Official Record Book 27, Page 220 and Official Record
785Book 396, Page 91 Public Records of Manatee County,
786Florida; thence N.59°42'53"E., along said northerly
787line, a distance of 270.14 feet to the point of
788curvature of a non-tangent curve to the left, of which
789the radius point lies N.01°10'01"E., a radial distance
790of 2,790.00 feet; thence easterly along the arc of
791said curve, through a central angle of 11°22'19", an
792arc length of 553.75 feet to the point of reverse
793curvature of a curve to the right having a radius of
7942,940.00 feet and a central angle of 31°26'50"; thence
795easterly along the arc of said curve, a distance of
7961,613.64 feet to the point of reverse curvature of a
797curve to the left having a radius of 2,790.00 feet and
798a central angle of 24°02'05"; thence easterly along
799the arc of said curve, a distance of 1,170.37 feet to
800the end of said curve; thence N.02°47'34"W., a
801distance of 12.50 feet to the point of curvature of a
802non-tangent curve to the left, of which the radius
803point lies N.02°47'34"W., a radial distance of
8042,777.50 feet; thence easterly along the arc of said
805curve, through a central angle of 12°46'49", an arc
806length of 619.55 feet to the point of tangency of said
807curve; thence N.74°25'37"E., a distance of 12.28 feet
808to the point of curvature of a curve to the left
809having a radius of 50.00 feet and a central angle of
81055°27'02"; thence northeasterly along the arc of said
811curve, an arc length of 48.39 feet to a point on the
812south line of Manatee County Pond Site Number 5, as
813recorded in Official Record Book 1528, Page 7481
814Public Records of Manatee County, Florida; thence
815S.87°35'31"E., along a line non-tangent to the last
816described curve, being the south line of said Pond
817Site Number 5, a distance of 30.72 feet to the
818westerly right-of-way line of the aforementioned
819Lakewood Ranch Boulevard and the point of curvature of
820a non-tangent curve to the left, of which the radius
821point lies N.66°15'14"E., a radial distance of
8221,560.00 feet; the following 2 calls are along said
823westerly right-of-way line; thence southeasterly along
824the arc of said curve, through a central angle of
82502°50'31", an arc length of 77.38 feet to the point of
826reverse curvature of a curve to the right having a
827radius of 1,940.00 feet and a central angle of
82804°35'26"; thence southeasterly along the arc of said
829curve, a distance of 155.44 feet to the POINT OF
830BEGINNING.
831Said tract contains 650,151 square feet or 14.9254
832acres, more or less.
833Also:
834A tract of land lying in Sections 7 and 8, Township 35
835South, Range 19 East, Manatee County, Florida and
836described as follows:
837Commence at the Southeast corner of Section 7,
838Township 35 South, Range 19 East; thence
839S.89°34'35"E., a distance of 4,650.84 feet; thence
840N.00°25'25"E., a distance of 1,889.17 feet; thence
841S82°55'49"W, 912.79 feet to a point of curvature;
842Thence 1,287.78 feet along the arc of said curve to
843the left through a central angle of 34°25'49", said
844curve having a radius of 2,143.00 feet and being
845subtended by a chord which bears S65°42'55"W, 1,268.49
846feet to a point of reverse curvature; Thence 1,575.57
847feet along the arc of a curve to the right through a
848central angle of 44°37'25", said curve having a radius
849of 2,023.00 feet and being subtended by a chord which
850bears S70°48'42"W, 1,536.04 feet to the point of
851tangency of said curve; Thence N86°52'35"W, 1,131.57
852feet to a point of curvature; Thence 79.90 feet along
853the arc of said curve to the right through a central
854angle of 91°33'16", said curve having a radius of
85550.00 feet and being subtended by a chord which bears
856N41°05'57"W, 71.66 feet to the point of tangency of
857said curve; said point being a point on the east line
858of Lakewood Ranch Boulevard as recorded in Official
859Record Book 1443, Page 4980 of the Public Records of
860Manatee County, Florida; thence along said east line
861of Lakewood Ranch Boulevard, N04°40'41"E, 1649.57
862feet; Thence S85°19'19"E, 120.00 feet to an
863intersection with the west line of said Lakewood Ranch
864Boulevard and the POINT OF BEGINNING; Thence
865S86°50'17"W, 227.27 feet; Thence S40°02'37"W, 121.13
866feet; Thence S28°36'43"W, 108.34 feet; Thence
867S43°57'34"W, 79.62 feet; Thence S56°46'06"W, 71.21
868feet; Thence N22°59'39"W, 32.80 feet; Thence
869S59°56'00"W, 91.50 feet; Thence S54°50'36"W, 42.43
870feet; Thence S21°03'16"W, 42.67 feet; Thence
871S64°33'59"W, 57.70 feet; Thence S78°35'00"W, 52.83
872feet; Thence S26°29'07"W, 28.22 feet; Thence
873S72°42'09"W, 41.01 feet; Thence N88°04'14"W, 58.26
874feet; Thence N63°20'21"W, 61.49 feet; Thence
875N77°09'41"W, 34.90 feet; Thence N87°11'33"W, 50.79
876feet; Thence N88°21'13"W, 70.97 feet; Thence
877N59°06'15"W, 54.56 feet; Thence S87°08'17"W, 75.46
878feet; Thence N27°44'24"E, 782.09 feet; Thence
879N08°14'34"E, 859.88 feet; Thence N04°53'06"W, 605.45
880feet to a point on the arc of a curve; Thence 552.19
881feet along the arc of said curve to the left through a
882central angle of 10°42'56", said curve having a radius
883of 2,952.50 feet and being subtended by a chord which
884bears N79°47'05"E, 551.38 feet to the point of
885tangency of said curve; Thence N74°25'37"E, 69.64 feet
886to a point of curvature; Thence 72.98 feet along the
887arc of said curve to the right through a central angle
888of 83°37'55", said curve having a radius of 50.00 feet
889and being subtended by a chord which bears
890S63°45'26"E, 66.67 feet to a point of compound
891curvature; Thence 901.48 feet along the arc of said
892curve to the right through a central angle of
89326°37'27", said curve having a radius of 1,940.00 feet
894and being subtended by a chord which bears
895S08°38'03"E, 893.39 feet; Thence S04°40'41"W, 970.22
896feet to the POINT OF BEGINNING.
897Containing 39.281 acres, more or less.
898Less:
899Right-of-way for Lakewood Ranch Boulevard, as recorded
900in Official Record Book 1429, Page 3703 Public Records
901of Manatee County, Florida;
902Less:
903A portion of premises described in Warranty Deed to
904the County of Manatee, recorded in Official Record
905Book 1528, Page 7481 and Corrective Warranty Deed
906recorded in Official Record Book 1540, Page 7918
907Public Records of Manatee County, Florida;
908Section 8, Township 35 South, Range 19 East:
909All of Section 8, Township 35 South, Range 19 East;
910Less:
911Right-of-way for Lakewood Ranch Boulevard, as recorded
912in Official Record Book 1429, Page 3703 Public Records
913of Manatee County, Florida;
914Less:
915A portion of premises described in Warranty Deed to
916the County of Manatee, recorded in Official Record
917Book 1528, Page 7481 and Corrective Warranty Deed
918recorded in Official Record Book 1540, Page 7918
919Public Records of Manatee County, Florida;
920Section 9, Township 35 South, Range 19 East:
921All of Section 9, Township 35 South, Range 19 East;
922Section 10, Township 35 South, Range 19 East:
923The north half and the southeast quarter of Section
92410, Township 35 South, Range 19 East;
925Less:
926Road right-of-way for Lorraine Road;
927Section 11, Township 35 South, Range 19 East:
928All of Section 11, Township 35 South, Range 19 East;
929Section 12, Township 35 South, Range 19 East:
930All of Section 12, Township 35 South, Range 19 East;
931Section 13, Township 35 South, Range 19 East:
932All of Section 13, Township 35 South, Range 19 East;
933Section 14, Township 35 South, Range 19 East:
934All of Section 14, Township 35 South, Range 19 East;
935Section 15, Township 35 South, Range 19 East:
936The east-half, the Southwest quarter of the northwest
937quarter, the southeast quarter of the southwest
938quarter, and the northeast quarter of the southwest
939quarter of Section 15, Township 35 South, Range 19
940East;
941Less:
942Road right-of-way for Lorraine Road and State Road 70;
943Less:
944The northeast quarter of the southwest quarter of the
945northwest quarter of Section 15, Township 35 South,
946Range 19 East;
947Less:
948The east 66 feet of the northwest quarter of the
949southwest quarter of the northwest quarter of Section
95015, Township 35 South, Range 19 East , described in
951Warranty Deed to Clive and Judith Morris, recorded in
952Official Record Book 1574, Page 2146;
953Less:
954Premises described in Special Warranty Deed to Peace
955River Electric Cooperative, Inc. described in Official
956Record Book 1542, Page 5178;
957Less:
958Premises described in Special Warranty Deed to Peace
959River Electric Cooperative, Inc. described in Official
960Record Book 1747, Page 6675;
961Less:
962That part included in the plat of Crawley Substation
963Roadway, recorded in Plat Book 43, Pages 84 and 85
964Public Records of Manatee County, Florida;
965Less:
966Fire House Site
967COMMENCE at a concrete monument found marking the
968occupied northwest corner of the southwest 1/4 of
969Section 15, Township 35 South, Ranch 19 East; thence
970S89°31'12"E, along the occupied north line of said
971southwest 1/4, a distance of 1343.23 ft. to the
972intersection with the west line of the northeast 1/4
973of said southwest 1/4; thence S00°04'29"E, along said
974west line, a distance of 1281.86 ft., thence
975S87°56'19"E, a distance of 1049.55 ft. for a POINT OF
976BEGINNING, said point lying on the northerly right-of-
977way of 59th Avenue East, a 100 ft. wide public right-
978of-way as shown on "Crawley Substation Roadway", a
979roadway plat as recorded in Plat Book 43, Pages 84 and
98085, Public Records of Manatee County, Florida; thence
981continue S87°56'19"E, along said northerly right-of-
982way, a distance of 398.37 ft. to the intersection with
983the westerly line of that certain parcel of land as
984described and recorded in Official Records Book 1542,
985Page 5178, said Public Records; thence N00°25'16"W,
986N00°25'16"W, along said westerly line, a distance
987of 547.23 ft.; thence N87°56'19"W, 398.37 ft.; thence
988S00°25'16"E, a distance of 547.23 ft. to the POINT OF
989BEGINNING, being and lying in Section 15, Township 35
990South, Range 19 East, Manatee County, Florida.
991Containing 5.00 acres, more or less.
992Section 16, Township 35 South, Range 19 East:
993All of Section 16, Township 35 South, Range 19 East;
994Less:
995Road right-of-way for State Road 70;
996Less:
997Road right-of-way for Pope Road
998Less:
999Premises described in Warranty Deed to the State of
1000Florida Department of Transportation, recorded in
1001Official Record Book 1915, Page 5768 Public Records of
1002Manatee County, Florida;
1003Less:
1004Premises described in Warranty Deed to Covered Bridge
1005Holdings III, LLC, recorded in Official Record Book
10061970, Page 707 Public Records of Manatee County,
1007Florida;
1008Less:
1009Premises described in Warranty Deed to the Diocese of
1010Venice, recorded in Official Record Book 1451, Page
1011964, less premises conveyed to SMR 70, North 70, LLC,
1012in Special Warranty Deed, recorded in Official Record
1013Book 1928, Page 3315;
1014Less:
1015Premises described in Special Warranty Deed to the
1016Diocese of Venice, recorded in Official Record Book
10171928, Page 3321 Public Records of Manatee County,
1018Florida;
1019Section 17, Township 35 South, Range 19 East:
1020All of Section 17, Township 35 South, Range 19 East,
1021lying east of the right-of-way of Lakewood Ranch
1022Boulevard, as recorded in Official Record Book 1429,
1023Page 3703 Public Records of Manatee County, Florida;
1024Less:
1025Road right-of-way for State Road 70;
1026Less:
1027Premises described in Warranty Deed to the State of
1028Florida Department of Transportation, recorded in
1029Official Record Book 1915, Page 5768 Public Records of
1030Manatee County, Florida;
1031Less:
1032A portion of premises described in Warranty Deed to
1033the County of Manatee, recorded in Official Record
1034Book 1528, Page 7481 and Corrective Warranty Deed
1035recorded in Official Record Book 1540, Page 7918
1036Public Records of Manatee County, Florida;
1037Section 18, Township 35 South, Range 19 East:
1038All of Section 18, Township 35 South, Range 19 East,
1039lying east of the right-of-way of Lakewood Ranch
1040Boulevard, as recorded in Official Record Book 1429,
1041Page 3703 Public Records of Manatee County, Florida;
1042Section 22, Township 35 South, Range 19 East:
1043That portion of Section 22, Township 35 South, Range
104419 East, lying northerly of the northerly right-of-way
1045line of State Road 70;
1046Also:
1047That portion of Sections 22, 23 and 27, lying within
1048the following described property:
1049DESCRIPTION (Proposed Braden River Mitigation Bank)
1050A tract of land lying in Sections 22, 23 and 27,
1051Township 35 South, Range 19 East, Manatee County,
1052Florida and described as follows:
1053Commence at the northwest corner of Section 21,
1054Township 35 South, Range 19 East; thence S.89°24'47"E.
1055S.89°24'47"E. along the north line of said Section
105621, a distance of 5379.98 feet to the northwest corner
1057of said Section 22; thence S.00°30'23"W. along the
1058west line of said Section 22, a distance of 134.20
1059feet to a point on the southerly Right-of-way line of
1060State Road 70; the following 4 calls are along said
1061southerly right-of-way line; thence S.89°19'57"E., a
1062distance of 521.35 feet; thence S.89°21'15"E., a
1063distance of 3,754.54 feet to the point of curvature of
1064a curve to the right having a radius of 1,777.86 feet
1065and a central angle of 34°24'33"; thence easterly
1066along the arc of said curve, an arc length of 1,067.70
1067feet to the point of tangency of said curve; thence
1068S.54°56'41"E., a distance of 821.49 feet to the POINT
1069OF BEGINNING; thence continue S.54°56'41"E. along the
1070above mentioned southerly right-of-way line, a
1071distance of 4,427.83 feet; thence S.15°00'00"W., a
1072distance of 701.34 feet; thence N.71°00'00"W., a
1073distance of 2,270.00 feet; thence S.45°00'00"W., a
1074distance of 65.00 feet; thence S.00°00'00"W., a
1075distance of 395.00 feet; thence S.86°30'00"W., a
1076distance of 1,250.00 feet; thence S.00°00'00"W., a
1077distance of 338.36 feet; thence S.43°00'00"E., a
1078distance of 155.00 feet; thence S.00°00'00"W., a
1079distance of 150.00 feet; thence S.59°56'21"W., a
1080distance of 110.00 feet; thence N.63°00'00"W., a
1081distance of 306.73 feet; thence N.10°00'00"W., a
1082distance of 299.62 feet; thence S.89°37'37"W., a
1083distance of 301.32 feet; thence S.72°00'46"W., a
1084distance of 368.15 feet; thence S.48°06'41"W., a
1085distance of 169.68 feet; thence N.08°37'00"E., a
1086distance of 159.00 feet; thence N.57°02'56"E., a
1087distance of 594.02 feet; thence N.07°52'51"W., a
1088distance of 27.87 feet; thence N.61°22'29"W., a
1089distance of 167.29 feet; thence N.83°56'09"W., a
1090distance of 103.18 feet; thence S.85°40'21"W., a
1091distance of 75.29 feet; thence S.44°35'18"W., a
1092distance of 66.94 feet; thence S.82°54'53"W., a
1093distance of 86.64 feet; thence S.48°07'08"W., a
1094distance of 74.53 feet; thence S.26°33'46"W., a
1095distance of 49.90 feet; thence S.39°24'11"W., a
1096distance of 50.01 feet to a point on the northerly
1097line of a Conservation Easement as recorded in the
1098Official Records Book 1524, Page 5098 of the Public
1099Records of Manatee County, Florida; the following 15
1100calls are along the northerly and westerly lines of
1101said Conservation Easement; thence S.63°06'49"W., a
1102distance of 38.30 feet; thence S.30°38'41"W., a
1103distance of 53.69 feet; thence S.68°49'15"W., a
1104distance of 91.30 feet; thence S.51°14'32"W., a
1105distance of 68.98 feet; thence S.76°31'40"W., a
1106distance of 62.88 feet; thence S.45°09'35"W., a
1107distance of 35.02 feet; thence S.36°11'14"E., a
1108distance of 48.92 feet; thence S.18°26'10"E., a
1109distance of 45.74 feet; thence S.09°12'08"W., a
1110distance of 19.73 feet; thence S.32°09'14"E., a
1111distance of 76.50 feet; thence S.07°27'24"E., a
1112distance of 35.67 feet; thence S.29°09'12"E., a
1113distance of 41.08 feet; thence S.11°37'55"E., a
1114distance of 49.89 feet; thence S.51°55'08"E., a
1115distance of 29.11 feet; thence S.67°03'11"E., a
1116distance of 66.38 feet; thence N.66°35'24"E., a
1117distance of 31.03 feet; thence S.45°47'43"E., a
1118distance of 148.54 feet; thence S.18°48'41"W., a
1119distance of 163.72 feet; thence S.82°50'11"W., a
1120distance of 81.44 feet; thence N.69°18'50"W., a
1121distance of 147.54 feet; thence N.16°28'56"W., a
1122distance of 96.10 feet; thence N.07°30'43"W., a
1123distance of 141.37 feet; thence S.65°00'00"W., a
1124distance of 1,078.77 feet; thence S.83°00'00"W., a
1125distance of 630.49 feet; thence S.62°15'00"W., a
1126distance of 585.88 feet; thence S.55°30'00"W., a
1127distance of 859.04 feet; thence S.35°00'00"W., a
1128distance of 453.13 feet; thence S.69°00'00"W., a
1129distance of 637.50 feet; thence N.65°15'00"W., a
1130distance of 464.25 feet; thence N.35°51'00"W., a
1131distance of 385.00 feet; thence N.83°00'00"W., a
1132distance of 137.04 feet to the point of curvature of a
1133non-tangent curve to the left, of which the radius
1134point lies S.85°59'50"W., a radial distance of
11356,090.00 feet; thence northerly along the arc of said
1136curve, through a central angle of 00°49'46", an arc
1137length of 88.17 feet to the point of tangency of said
1138curve; thence N.00°51'26"E., a distance of 490.58
1139feet; thence N.00°30'20"E., a distance of 355.33 feet
1140to the point of curvature of a curve to the right
1141having a radius of 2,880.00 feet and a central angle
1142of 07°28'45"; thence northerly along the arc of said
1143curve, an arc length of 375.94 feet to the end of said
1144curve; thence S.67°11'02"E. non-radial to the last
1145described curve, a distance of 629.23 feet; thence
1146S.81°49'22"E., a distance of 263.52 feet; thence
1147N.80°03'53"E., a distance of 275.24 feet; thence
1148N.69°59'29"E., a distance of 317.24 feet; thence
1149N.57°35'22"E., a distance of 178.26 feet; thence
1150N.81°03'05"E., a distance of 234.09 feet; thence
1151N.63°21'55"E., a distance of 439.23 feet; thence
1152N.44°11'27"E., a distance of 241.21 feet; thence
1153N.63°21'56"E., a distance of 148.94 feet; thence
1154N.74°49'49"E., a distance of 163.40 feet; thence
1155N.75°39'49"E., a distance of 461.38 feet; thence
1156N.52°24'58"E., a distance of 284.05 feet; thence
1157N.37°35'20"E., a distance of 294.52 feet; thence
1158N.33°58'26"E., a distance of 687.37 feet; thence
1159N.46°31'18"E., a distance of 195.52 feet; thence
1160N.76°15'16"E., a distance of 235.33 feet; thence
1161N.53°47'33"E., a distance of 231.66 feet; thence
1162N.15°20'53"E., a distance of 147.34 feet; thence
1163N.32°20'46"E., a distance of 368.15 feet; thence
1164S.83°51'29"E., a distance of 332.08 feet; thence
1165S.56°57'53"E., a distance of 139.47 feet; thence
1166N.35°53'49"E., a distance of 417.52 feet; thence
1167N.50°25'21"W., a distance of 348.47 feet; thence
1168N.00°06'50"E., a distance of 135.65 feet; thence
1169N.24°22'30"E., a distance of 201.08 feet; thence
1170N.61°14'22"E., a distance of 113.08 feet; thence
1171S.62°11'08"E., a distance of 197.43 feet to the point
1172of curvature of a curve to the right having a radius
1173of 100.00 feet and a central angle of 88°54'40";
1174thence southerly along the arc of said curve, an arc
1175length of 155.18 feet to the point of tangency of said
1176curve; thence S.26°43'33"W., a distance of 224.96
1177feet; thence S.50°07'45"E., a distance of 125.37 feet;
1178thence N.49°56'25"E., a distance of 228.41 feet;
1179thence N.08°47'40"E., a distance of 153.43 feet;
1180thence N.38°13'49"W., a distance of 139.09 feet;
1181thence N.11°59'28"E., a distance of 271.56 feet;
1182thence N.37°00'30"E., a distance of 306.68 feet to the
1183POINT OF BEGINNING.
1184Said tract contains 15,214,335 square feet or 349.2731
1185acres, more or less.
1186Also:
1187That portion of Sections 22 and 23, lying within the
1188following described property:
1189A tract of land lying in Section 22, Township 35
1190South, Range 19 East, Manatee County, Florida and
1191being more particularly described as follows:
1192Commence at the southeast corner of Section 22,
1193Township 35 South, Range 19 East; thence N.89°29'42"W.
1194N.89°29'42"W. along the south line of said Section
119522, 587.90 feet; thence N.00°30'18"E., perpendicular
1196with said south line, a distance of 802.96 feet to the
1197POINT OF BEGINNING;  thence N.66°35'24"E., a distance
1198of 31.03 feet; thence S.45°47'43"E., a distance of
119968.87 feet; thence N.22°15'45"E., a distance of 66.77
1200feet; thence N.21°25'53"E., a distance of 88.19 feet;
1201thence N.08°37'00"E., a distance of 159.00 feet;
1202thence N.57°02'56"E., a distance of 594.02 feet;
1203thence N.07°52'51"W., a distance of 27.87 feet; thence
1204N.61°22'29"W., a distance of 167.29 feet; thence
1205N.83°56'09"W., a distance of 103.18 feet; thence
1206S.85°40'21"W., a distance of 75.29 feet; thence
1207S.44°35'18"W., a distance of 66.94 feet; thence
1208S.82°54'53"W., a distance of 86.64 feet; thence
1209S.48°07'08"W., a distance of 74.53 feet; thence
1210S.26°33'46"W., a distance of 49.90 feet; thence
1211S.39°24'11"W., a distance of 50.01 feet to a point on
1212the northerly line of a Conservation Easement as
1213recorded in the Official Records Book 1524, Page 5098
1214of the Public Records of Manatee County, Florida; the
1215following 15 calls are along the northerly and
1216westerly lines of said Conservation Easement; thence
1217S.63°06'49"W., a distance of 38.30 feet; thence
1218S.30°38'41"W., a distance of 53.69 feet; thence
1219S.68°49'15"W., a distance of 91.30 feet; thence
1220S.51°14'32"W., a distance of 68.98 feet; thence
1221S.76°31'40"W., a distance of 62.88 feet; thence
1222S.45°09'35"W., a distance of 35.02 feet; thence
1223S.36°11'14"E., a distance of 48.92 feet; thence
1224S.18°26'10"E., a distance of 45.74 feet; thence
1225S.09°12'08"W., a distance of 19.73 feet; thence
1226S.32°09'14"E., a distance of 76.50 feet; thence
1227S.07°27'24"E., a distance of 35.67 feet; thence
1228S.29°09'12"E., a distance of 41.08 feet; thence
1229S.11°37'55"E., a distance of 49.89 feet; thence
1230S.51°55'08"E., a distance of 29.11 feet; thence
1231S.67°03'11"E., a distance of 66.38 feet to the POINT
1232OF BEGINNING.
1233Said tract contains 249,186 square feet or 5.7205
1234acres, more or less.
1235Section 23, Township 35 South, Range 19 East:
1236That portion of Section 23, Township 35 South, Range
123719 East, lying north of State Road 70;
1238Also:
1239That portion of Section 23, Township 35 South, Range
124019 East, lying southerly of the right-of-way line for
1241State Road 70, easterly of premises described in
1242Special Warranty Deed to Sarasota Development, L.L.C.,
1243recorded in Official Record Book 1892, Page 750 of
1244said Public Records and easterly of the (Proposed
1245Braden River Mitigation Bank), described above;
1246Section 24, Township 35 South, Range 19 East:
1247All of Section 24, Township 35 South, Range 19 East;
1248Less:
1249Right-of-way for State Road 70;
1250Section 25, Township 35 South, Range 19 East:
1251All of Section 25, Township 35 South, Range 19 East;
1252Less:
1253Right-of-way for State Road 70;
1254Section 26, Township 35 South, Range 19 East:
1255All of Section 26, Township 35 South, Range 19 East;
1256Less:
1257Premises described in Special Warranty Deed to
1258Sarasota Development, L.L.C., recorded in Official
1259Record Book 1892, Page 750 Public Records of Manatee
1260County, Florida;
1261Less:
1262Premises described in Memorandum of Purchase Option
1263Agreement, recorded in Official Record Book 1892, Page
1264776 Public Records of Manatee County, Florida;
1265Section 27, Township 35 South, Range 19 East:
1266All of Section 27, lying southerly of the Phase 2
1267Parcel, described in Memorandum of Purchase Option
1268Agreement, recorded in Official Record Book 1892, Page
1269776 of said Public Records and Phase 1 Parcel and
1270Entry Road Parcel, described in Special Warranty Deed
1271to Sarasota Development, L.L.C., recorded in Official
1272Record Book 1892, Page 750 Public Records of Manatee
1273County, Florida;
1274Less:
1275Right-of-way for Lorraine Road;
1276Section 34, Township 35 South, Range 19 East:
1277All of Section 34, Township 35 South, Range 19 East,
1278lying easterly of the east right-of-way line of
1279Lorraine Road;
1280Less:
1281Premises described in Special Warranty Deed to The
1282School Board of Manatee County, recorded in Official
1283Record Book 1959, Page 2350 Public Records of Manatee
1284County, Florida; (School Site J)
1285Less:
1286Premises described in Special Warranty Deed to the
1287Diocese of Venice, recorded in Official Record Book
12881532, Page 5848, Less and except premises described in
1289Special Warranty Deed to Schoreder-Manatee Ranch,
1290Inc., recorded in Official Record Book 1928, Page 3242
1291of said Public Records:
1292Less:
1293Premises described in Special Warranty Deed to the
1294Diocese of Venice, recorded in Official Record Book
12951928, Page 3248 Public Records of Manatee County,
1296Florida;
1297Less:
1298Premises described in Corrective Warranty Deed to
1299Harvest United Methodist Church, Inc., recorded in
1300Official Record Book 1747, Page 777 of said Public
1301Records:
1302Section 35, Township 35 South, Range 19 East:
1303All of Section 35, Township 35 South, Range 19 East;
1304Section 36, Township 35 South, Range 19 East:
1305All of Section 36, Township 35 South, Range 19 East;
1306Section 1, Township 36 South, Range 19 East:
1307All of Section 1, Township 36 South, Range 19 East;
1308Section 2, Township 36 South, Range 19 East:
1309All of Section 2, Township 36 South, Range 19 East;
1310Section 3, Township 36 South, Range 19 East:
1311All of Section 3, Township 36 South, Range 19 East;
1312Less:
1313Premises described in Special Warranty Deed  to Polo
1314Ranches of Sarasota, Inc., recorded in Official Record
1315Book 2602, Page 702 of the Public Records of Sarasota
1316County, Florida;
1317Less:
1318Premises described in Special Warranty Deed to Polo
1319Ranches of Sarasota, Inc., recorded in Official
1320Instrument Number 2000076164 of the Public Records of
1321Sarasota County, Florida;
1322Section 4, Township 36 South, Range 19 East:
1323All of Section 4, Township 36 South, Range 19 East;
1324Less:
1325Premises described in Special Warranty Deed to Polo
1326Ranches of Sarasota, Inc., recorded in Official Record
1327Book 2602, Page 702 of the Public Records of Sarasota
1328County, Florida;
1329Less:
1330A portion of Premises described in Warranty Deed to
1331Out-of-Door Academy of Sarasota, Inc., recorded in
1332Official Record Book 2858, Page 189 of the Public
1333Records of Sarasota County, Florida
1334Section 5, Township 36 South, Range 19 East:
1335That portion of Section 5, Township 36 South, Range 19
1336East, lying east of premises described in Warranty
1337Deed to Out-of-Door Academy of Sarasota, Inc.,
1338recorded in Official Record Book 2858, Page 189 of the
1339Public Records of Sarasota County, Florida;
1340Also:
1341That portion of Section 5, Township 36 South, Range 19
1342East, lying southerly of the following described
1343properties:
1344Premises described in Warranty Deed to Out-of-Door
1345Academy of Sarasota, Inc., recorded in Official Record
1346Book 2858, Page 189 of the Public Records of Sarasota
1347County, Florida
1348Lakewood Ranch Corporate Park, Unit 3C, recorded in
1349Plat Book 43, Page 34, Public Records of Sarasota
1350County, Florida;
1351Lakewood Ranch Corporate Park, Unit 3B, recorded in
1352Plat Book 42, Page 30, Public Records of Sarasota
1353County, Florida;
1354Lakewood Ranch Corporate Park, Unit 3A, recorded in
1355Plat Book 41, Page 19, Public Records of Sarasota
1356County, Florida;
1357Lakewood Ranch Corporate Park, Unit 1, recorded in
1358Plat Book 38, Page 26, Public Records of Sarasota
1359County, Florida;
1360Lakewood Ranch Corporate Park, Unit 4, Phase 1,
1361recorded in Plat Book 43, Page 22, Public Records of
1362Sarasota County, Florida;
1363Section 6, Township 36 South, Range 19 East:
1364That portion of Section 6, Township 36 South, Range 19
1365East, lying east of the right-of-way of Interstate 75
1366and south of the following described properties:
1367Lakewood Ranch Corporate Park, Unit 4, Phase 1,
1368recorded in Plat Book 43, Page 22, Public Records of
1369Sarasota County, Florida;
1370Lakewood Ranch Corporate Park, Unit 4, recorded in
1371Plat Book 40, Page 37, Public Records of Sarasota
1372County, Florida;
1373Lakewood Ranch Corporate Park, Unit 6, Phase 2,
1374recorded in Plat Book 42, Page 23, Public Records of
1375Sarasota County, Florida;
1376Less:
1377Premises described in Corporate Warranty Deed to
1378Sarasota County, recorded in Official Record
1379Instrument Number 2002146329, Public Records of
1380Sarasota County, Florida;
1381Section 7, Township 36 South, Range 19 East:
1382That portion of Section 7, Township 36 South, Range 19
1383East, lying east of the right-of-way of Interstate 75;
1384Less:
1385Premises described in Warranty Deed to Sarasota
1386County, recorded in Official Instrument Number
13872004118447, Public Records of Sarasota County,
1388Florida;
1389Less:
1390Premises described in Corporate Warranty Deed to
1391Sarasota County, recorded in Official Record Book
13922880, Page 1528, Public Records of Sarasota County,
1393Florida;
1394Section 8, Township 36 South, Range 19 East:
1395All of Section 8, Township 36 South, Range 19 East;
1396Less:
1397Premises described in Special Warranty Deed to Florida
1398Power & Light Company, recorded in Official Record
1399Book 2848, Page 77, Public Records of Sarasota County,
1400Florida;
1401Section 9, Township 36 South, Range 19 East:
1402All of Section 9, Township 36 South, Range 19 East;
1403Section 10, Township 36 South, Range 19 East:
1404All of Section 10, Township 36 South, Range 19 East;
1405Section 11, Township 36 South, Range 19 East:
1406All of Section 11, Township 36 South, Range 19 East;
1407Section 12, Township 36 South, Range 19 East:
1408All of Section 12, Township 36 South, Range 19 East;
1409Section 5, Township 36 South, Range 20 East:
1410The south half of Section 5, Township 36 South, Range
141120 East;
1412Section 6, Township 36 South, Range 20 East:
1413All of Section 6, Township 36 South, Range 20 East;
1414Section 7, Township 36 South, Range 20 East:
1415All of Section 7, Township 36 South, Range 20 East;
1416Section 8, Township 36 South, Range 20 East:
1417All of Section 8, Township 36 South, Range 20 East;
1418Less:
1419A strip of land 50-feet wide, described as beginning
1420at the southwest corner of Section 8, Township 36
1421South, Range 20 East, thence South 87°10'13" East,
1422511.24 feet for POINT OF BEGINNING; thence North
142342°59'05" West to a point lying 50 feet north of the
1424south line of Section 8; thence easterly along a line
1425parallel to and 50 feet north of, the south line of
1426Section 8 to a point lying 529.3 feet west of the east
1427line of said Section 8; thence southwesterly 70.7 feet
1428to point on south line of Section 8, lying 600 feet
1429westerly of the southeast corner of Section 8; thence
1430westerly along the south section line of said Section
14318 to the POINT OF BEGINNING, lying and being in
1432Section 8, Township 36 South, Range 20 East, Sarasota
1433County, Florida.
1434CONTAINING A TOTAL AREA OF 23,055 ACRES, PLUS OR
1435MINUS.
1436
1437     Section 5.  Board of Supervisors; members and meetings;
1438organization; powers; duties; terms of office; related election
1439requirements.--
1440     (1)  The board of the District shall exercise the powers
1441granted to the District pursuant to this act. The board shall
1442consist of five members, each of whom shall hold office for a
1443term of 4 years, as provided in this section, except as
1444otherwise provided herein for initial board members, and until a
1445successor is chosen and qualified. The members of the board must
1446be residents of the state and citizens of the United States.
1447     (2)(a)  Within 90 days following the effective date of the
1448law establishing the District, there shall be held a meeting of
1449the landowners of the District for the purpose of electing five
1450supervisors for the District. Notice of the landowners' meeting
1451shall be published once a week for 2 consecutive weeks in a
1452newspaper which is in general circulation in the area of the
1453District, the last day of such publication to be not fewer than
145414 days or more than 28 days before the date of the election.
1455The landowners, when assembled at such meeting, shall organize
1456by electing a chair, who shall conduct the meeting. The chair
1457may be any person present at the meeting. If the chair is a
1458landowner or proxy holder of a landowner, he or she may nominate
1459candidates and make and second motions. The landowners present
1460at the meeting, in person or by proxy, shall constitute a
1461quorum. At any landowners' meeting, 50 percent of the District
1462acreage shall not be required to constitute a quorum, and each
1463governing board member elected by landowners shall be elected by
1464a majority of the acreage represented either by owner or proxy
1465present and voting at said meeting.
1466     (b)  At such meeting, each landowner shall be entitled to
1467cast one vote per acre of land owned by him or her and located
1468within the District for each person to be elected. A landowner
1469may vote in person or by proxy in writing. Each proxy must be
1470signed by one of the legal owners of the property for which the
1471vote is cast and must contain the typed or printed name of the
1472individual who signed the proxy; the street address, legal
1473description of the property, or tax parcel identification
1474number; and the number of authorized votes. If the proxy
1475authorizes more than one vote, each property must be listed and
1476the number of acres of each property must be included. The
1477signature on a proxy need not be notarized. A fraction of an
1478acre shall be treated as 1 acre, entitling the landowner to one
1479vote with respect thereto. The two candidates receiving the
1480highest number of votes shall be elected for a term expiring
1481November 16, 2010, and the three candidates receiving the next
1482largest number of votes shall be elected for a term expiring
1483November 18, 2008, with the term of office for each successful
1484candidate commencing upon election. The members of the first
1485board elected by landowners shall serve their respective terms;
1486however, the next election of board members shall be held on the
1487first Tuesday after the first Monday in November 2008.
1488Thereafter, there shall be an election by landowners for the
1489District every 2 years on the first Tuesday after the first
1490Monday in November, which shall be noticed pursuant to paragraph
1491(a). The second and subsequent landowners' election shall be
1492announced at a public meeting of the board at least 90 days
1493prior to the date of the landowners' meeting and shall also be
1494noticed pursuant to paragraph (a). Instructions on how all
1495landowners may participate in the election, along with sample
1496proxies, shall be provided during the board meeting that
1497announces the landowners' meeting. Each supervisor elected in or
1498after November 2008 shall serve a 4-year term.
1499     (3)(a)1.  The board may not exercise the ad valorem taxing
1500power authorized by this act until such time as all members of
1501the board are qualified electors who are elected by qualified
1502electors of the District.
1503     2.a.  Regardless of whether the District has proposed to
1504levy ad valorem taxes, board members shall begin being elected
1505by qualified electors of the District as the District becomes
1506populated with qualified electors. The transition shall occur
1507such that the composition of the Board, after the first general
1508election following a trigger of the qualified elector population
1509thresholds set forth below, shall be as follows:  
1510     (I)  Once 10,000 qualified electors reside within the
1511District, one governing board member shall be a person who was
1512elected by the qualified electors, and four governing board
1513members shall persons who were elected by the landowners.
1514     (II)  Once 25,000 qualified electors reside within the
1515District, two governing board members shall be persons who were
1516elected by the qualified electors, and three governing board
1517members shall be persons elected by the landowners.
1518     (III)  Once 35,000 qualified electors reside within the
1519District, three governing board members shall be persons who
1520were elected by the qualified electors and two governing board
1521members shall be persons who were elected by the landowners.
1522     (IV)  Once 40,000 qualified electors reside within the
1523District, four governing board members shall be persons who were
1524elected by the qualified electors and one governing board member
1525shall be a person who was elected by the landowners.
1526     (V)  Once 45,000 qualified electors reside within the
1527District, all five governing board members shall be persons who
1528were elected by the qualified electors.
1529
1530Nothing in this sub-subparagraph is intended to require an
1531election prior to the expiration of an existing board member's
1532term.
1533     b.  On or before June 1 of each year, the board shall
1534determine the number of qualified electors in the District as of
1535the immediately preceding April 15. The board shall use and rely
1536upon the official records maintained by the supervisor of
1537elections and property appraiser or tax collector in each county
1538in making this determination. Such determination shall be made
1539at a properly noticed meeting of the board and shall become a
1540part of the official minutes of the District.
1541     c.  All governing board members elected by qualified
1542electors shall be elected at large at an election occurring as
1543provided in subsection (2) and this subsection.
1544     d.  The board member seat first available for election by
1545qualified electors because the District has 10,000 qualified
1546electors shall be designated seat number one. The board member
1547seat first available for election by qualified electors because
1548the District has 25,000 qualified electors shall be designated
1549seat number two. The board member seat first available for
1550election by qualified electors because the District has 35,000
1551qualified electors shall be designated seat number three. The
1552board member seat first available for election by qualified
1553electors because the District has 40,000 qualified electors
1554shall be designated seat number four. The board member seat
1555first available for election by qualified electors because the
1556District has 45,000 qualified electors shall be designated seat
1557number five.
1558     e.  The board member elected to fill seat four when that
1559seat is first filled by election by qualified electors of the
1560District shall be a qualified elector of Sarasota County.
1561However, if, at the time that seat is available for election,
1562the District does not have both an executed interlocal agreement
1563with Sarasota County and at least 500 qualified electors
1564residing within the District in Sarasota County, the seat shall
1565be filled by a qualified elector of Manatee County.
1566     f.  The board member elected to fill seat five when that
1567seat is first filled by election by qualified electors of the
1568District shall be a qualified elector of Manatee County.
1569However, if, at the time that seat is available for election,
1570seat four has already been designated as the seat to be filled
1571by a qualified elector of Manatee County pursuant to sub-
1572subparagraph e., Seat Five shall be filled by a qualified
1573elector of Sarasota. However, if, at the time seat five is
1574available for election, the District does not have both an
1575executed interlocal agreement with Sarasota County and at least
1576500 qualified electors residing in Sarasota County, the seat
1577shall be filled by a qualified elector of Manatee County. In
1578such event, the next seat available for election after the
1579District has both an interlocal agreement with Sarasota County
1580and at least 500 qualified electors in Sarasota County shall be
1581filled by a qualified elector of Sarasota County.
1582     g.  Once one seat is designated as a seat to be filled by a
1583qualified elector from a specific county, that seat shall
1584thereafter be filled by a qualified elector who resides within
1585that county.
1586     h.  Once a District qualifies to have any of its board
1587members elected by the qualified electors of the District, the
1588initial and all subsequent elections by the qualified electors
1589of the District shall be held at the general election in
1590November. The board shall adopt a resolution if necessary to
1591implement this requirement. The transition process described
1592herein is intended to be in lieu of the process set forth in
1593section 189.4051, Florida Statutes.
1594     (b)  Elections of board members by qualified electors held
1595pursuant to this subsection shall be nonpartisan and shall be
1596conducted in the manner prescribed by law for holding general
1597elections. Board members shall assume the office on the second
1598Tuesday following their election.
1599     (c)  Candidates seeking election to office by qualified
1600electors under this subsection shall conduct their campaigns in
1601accordance with the provisions of chapter 106, Florida Statutes,
1602and shall file qualifying papers and qualify for individual
1603seats in accordance with section 99.061, Florida Statutes.
1604Candidates shall pay a qualifying fee, which shall consist of a
1605filing fee and an election assessment or, as an alternative,
1606shall file a petition signed by not less than 1 percent of the
1607registered voters of the District, and take the oath required in
1608section 99.021, Florida Statutes, with the supervisor of
1609elections in the county affected by such candidacy. The amount
1610of the filing fee is 3 percent of $4,800; however, if the
1611electors have provided for compensation, the amount of the
1612filing fee is 3 percent of the maximum annual compensation so
1613provided. The amount of the election assessment is 1 percent of
1614$4,800; however, if the electors have provided for compensation,
1615the amount of the election assessment is 1 percent of the
1616maximum annual compensation so provided. The filing fee and
1617election assessment shall be distributed as provided in section
1618105.031(3), Florida Statutes.
1619     (d)  The supervisors of elections shall appoint the
1620inspectors and clerks of elections, prepare and furnish the
1621ballots, designate polling places, and canvass the returns of
1622the election of board members by qualified electors. The county
1623canvassing boards shall declare and certify the results of the
1624election.
1625     (4)  Members of the board, regardless of how elected, shall
1626be public officers, shall be known as supervisors, and, upon
1627entering into office, shall take and subscribe to the oath of
1628office as prescribed by section 876.05, Florida Statutes.
1629Members of the board shall be subject to ethics and conflict of
1630interest laws of the state that apply to all local public
1631officers. They shall hold office for the terms for which they
1632were elected or appointed and until their successors are chosen
1633and qualified. If, during the term of office, a vacancy occurs,
1634the remaining members of the board shall fill each vacancy by an
1635appointment for the remainder of the unexpired term.
1636     (5)  Any elected member of the Board of Supervisors may be
1637removed by the Governor for malfeasance, misfeasance,
1638dishonesty, incompetency, or failure to perform the duties
1639imposed upon him or her by this act, and any vacancies that may
1640occur in such office for such reasons shall be filled by the
1641Governor as soon as practicable.
1642     (6)  A majority of the members of the board constitutes a
1643quorum for the purposes of conducting its business and
1644exercising its powers and for all other purposes. Action taken
1645by the District shall be upon a vote of a majority of the
1646members present unless general law or a rule of the District
1647requires a greater number.
1648     (7)  As soon as practicable after each election or
1649appointment, the board shall organize by electing one of its
1650members as chair and by electing a secretary, who need not be a
1651member of the board, and such other officers as the board may
1652deem necessary.
1653     (8)  The board shall keep a permanent record book entitled
1654"Record of Proceedings of Lakewood Ranch Stewardship District,"
1655in which shall be recorded minutes of all meetings, resolutions,
1656proceedings, certificates, bonds given by all employees, and any
1657and all corporate acts. The record book and all other District
1658records shall at reasonable times be opened to inspection in the
1659same manner as state, county, and municipal records pursuant to
1660chapter 119, Florida Statutes. The record book shall be kept at
1661the office or other regular place of business maintained by the
1662board in a designated location in either Manatee County or
1663Sarasota County.
1664     (9)  Each supervisor shall be entitled to receive for his
1665or her services an amount not to exceed $200 per meeting of the
1666Board of Supervisors, not to exceed $4,800 per year per
1667supervisor, or an amount established by the electors at
1668referendum. In addition, each supervisor shall receive travel
1669and per diem expenses as set forth in section 112.061, Florida
1670Statutes.
1671     (10)  All meetings of the board shall be open to the public
1672and governed by the provisions of chapter 286, Florida Statutes.
1673     Section 6.  Board of Supervisors; general duties.--
1674     (1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall
1675employ and fix the compensation of a district manager, who shall
1676have charge and supervision of the works of the District and
1677shall be responsible for preserving and maintaining any
1678improvement or facility constructed or erected pursuant to the
1679provisions of this act, for maintaining and operating the
1680equipment owned by the District, and for performing such other
1681duties as may be prescribed by the board. It shall not be a
1682conflict of interest under chapter 112, Florida Statutes, for a
1683board member, the district manager, or another employee of the
1684District to be a stockholder, officer, or employee of a
1685landowner. The district manager may hire or otherwise employ and
1686terminate the employment of such other persons, including,
1687without limitation, professional, supervisory, and clerical
1688employees, as may be necessary and authorized by the board. The
1689compensation and other conditions of employment of the officers
1690and employees of the District shall be as provided by the board.
1691     (2)  TREASURER.--The board shall designate a person who is
1692a resident of the state as treasurer of the District, who shall
1693have charge of the funds of the District. Such funds shall be
1694disbursed only upon the order of or pursuant to a resolution of
1695the board by warrant or check countersigned by the treasurer and
1696by such other person as may be authorized by the board. The
1697board may give the treasurer such other or additional powers and
1698duties as the board may deem appropriate and may fix his or her
1699compensation. The board may require the treasurer to give a bond
1700in such amount, on such terms, and with such sureties as may be
1701deemed satisfactory to the board to secure the performance by
1702the treasurer of his or her powers and duties. The financial
1703records of the board shall be audited by an independent
1704certified public accountant at least once a year.
1705     (3)  PUBLIC DEPOSITORY.--The board is authorized to select
1706as a depository for its funds any qualified public depository as
1707defined in section 280.02, Florida Statutes, which meets all the
1708requirements of chapter 280, Florida Statutes, and has been
1709designated by the treasurer as a qualified public depository
1710upon such terms and conditions as to the payment of interest by
1711such depository upon the funds so deposited as the board may
1712deem just and reasonable.
1713     (4)  BUDGET; REPORTS AND REVIEWS.--
1714     (a)  The District shall provide financial reports in such
1715form and such manner as prescribed pursuant to this act and
1716chapter 218, Florida Statutes, as amended from time to time.
1717     (b)  On or before July 15 of each year, the district
1718manager shall prepare a proposed budget for the ensuing fiscal
1719year to be submitted to the board for board approval. The
1720proposed budget shall include at the direction of the board an
1721estimate of all necessary expenditures of the District for the
1722ensuing fiscal year and an estimate of income to the District
1723from the taxes and assessments provided in this act. The board
1724shall consider the proposed budget item by item and may either
1725approve the budget as proposed by the district manager or modify
1726the same in part or in whole. The board shall indicate its
1727approval of the budget by resolution, which resolution shall
1728provide for a hearing on the budget as approved. Notice of the
1729hearing on the budget shall be published in a newspaper of
1730general circulation in the area of the District once a week for
17312 consecutive weeks, except that the first publication shall be
1732not fewer than 15 days prior to the date of the hearing. The
1733notice shall further contain a designation of the day, time, and
1734place of the public hearing. At the time and place designated in
1735the notice, the board shall hear all objections to the budget as
1736proposed and may make such changes as the board deems necessary.
1737At the conclusion of the budget hearing, the board shall, by
1738resolution, adopt the budget as finally approved by the board.
1739The budget shall be adopted prior to October 1 of each year.
1740     (c)  At least 60 days prior to adoption, the Board of
1741Supervisors of the District shall submit to the Manatee County
1742and Sarasota County Boards of County Commissioners, for purposes
1743of disclosure and information only, the proposed annual budget
1744for the ensuing fiscal year, and each Board of County
1745Commissioners may submit written comments to the Board of
1746Supervisors solely for the assistance and information of the
1747Board of Supervisors of the District in adopting its annual
1748District budget.
1749     (d)  The Board of Supervisors of the District shall submit
1750annually, to the Boards of County Commissioners of Manatee and
1751Sarasota Counties, its District public facilities report under
1752section 189.415(2), Florida Statutes, which report the boards of
1753county commissioners shall use and rely on the District public
1754facilities report in the preparation or revision of their
1755respective comprehensive plans, specifically under section
1756189.415(6), Florida Statutes.
1757     (5)  DISCLOSURE OF PUBLIC FINANCING.--The District shall
1758take affirmative steps to provide for the full disclosure of
1759information relating to the public financing and maintenance of
1760improvements to real property undertaken by the District. Such
1761information shall be made available to all existing residents
1762and all prospective residents of the District. The District
1763shall furnish each developer of a residential development within
1764the District with sufficient copies of that information to
1765provide each prospective initial purchaser of property in that
1766development with a copy; and any developer of a residential
1767development within the District, when required by law to provide
1768a public offering statement, shall include a copy of such
1769information relating to the public financing and maintenance of
1770improvements in the public offering statement. The Division of
1771Florida Land Sales, Condominiums, and Mobile Homes of the
1772Department of Business and Professional Regulation shall ensure
1773that disclosures made by developers pursuant to chapter 498,
1774Florida Statutes, meet the requirements of section 190.009(1),
1775Florida Statutes.
1776     (6)  GENERAL POWERS.--The District shall have, and the
1777board may exercise, the following general powers:
1778     (a)  To sue and be sued in the name of the District; to
1779adopt and use a seal and authorize the use of a facsimile
1780thereof; to acquire, by purchase, gift, devise, or otherwise,
1781and to dispose of, real and personal property, or any estate
1782therein; and to make and execute contracts and other instruments
1783necessary or convenient to the exercise of its powers.
1784     (b)  To apply for coverage of its employees under the
1785Florida Retirement System in the same manner as if such
1786employees were state employees, subject to necessary action by
1787the District to pay employer contributions into the Florida
1788Retirement System Trust Fund.
1789     (c)  To contract for the services of consultants to perform
1790planning, engineering, legal, or other appropriate services of a
1791professional nature. Such contracts shall be subject to public
1792bidding or competitive negotiation requirements as set forth in
1793general law applicable to independent special districts.
1794     (d)  To borrow money and accept gifts; to apply for and use
1795grants or loans of money or other property from the United
1796States, the state, a unit of local government, or any person for
1797any District purposes and enter into agreements required in
1798connection therewith; and to hold, use, and dispose of such
1799moneys or property for any District purposes in accordance with
1800the terms of the gift, grant, loan, or agreement relating
1801thereto.
1802     (e)  To adopt and enforce rules and orders pursuant to the
1803provisions of chapter 120, Florida Statutes, prescribing the
1804powers, duties, and functions of the officers of the District;
1805the conduct of the business of the District; the maintenance of
1806records; and the form of certificates evidencing tax liens and
1807all other documents and records of the District. The board may
1808also adopt and enforce administrative rules with respect to any
1809of the projects of the District and define the area to be
1810included therein. The board may also adopt resolutions which may
1811be necessary for the conduct of District business.
1812     (f)  To maintain an office at such place or places as the
1813Board of Supervisors designates in either Manatee County or
1814Sarasota County, and within the District when facilities are
1815available.
1816     (g)  To hold, control, and acquire by donation, purchase,
1817or condemnation, or dispose of, any public easements,
1818dedications to public use, platted reservations for public
1819purposes, or any reservations for those purposes authorized by
1820this act and to make use of such easements, dedications, or
1821reservations for the purposes authorized by this act.
1822     (h)  To lease as lessor or lessee to or from any person,
1823firm, corporation, association, or body, public or private, any
1824projects of the type that the District is authorized to
1825undertake and facilities or property of any nature for the use
1826of the District to carry out the purposes authorized by this
1827act.
1828     (i)  To borrow money and issue bonds, certificates,
1829warrants, notes, or other evidence of indebtedness as
1830hereinafter provided; to levy such taxes and assessments as may
1831be authorized; and to charge, collect, and enforce fees and
1832other user charges.
1833     (j)  To raise, by user charges or fees authorized by
1834resolution of the board, amounts of money which are necessary
1835for the conduct of District activities and services and to
1836enforce their receipt and collection in the manner prescribed by
1837resolution not inconsistent with law.
1838     (k)  To exercise within the District, or beyond the
1839District with prior approval by vote of a resolution of the
1840governing body of the county if the taking will occur in an
1841unincorporated area in that county, the right and power of
1842eminent domain, pursuant to the provisions of chapters 73 and
184374, Florida Statutes, over any property within the state, except
1844municipal, county, state, and federal property, for the uses and
1845purpose of the District relating solely to water, sewer,
1846District roads, and water management, specifically including,
1847without limitation, the power for the taking of easements for
1848the drainage of the land of one person over and through the land
1849of another.
1850     (l)  To cooperate with, or contract with, other
1851governmental agencies as may be necessary, convenient,
1852incidental, or proper in connection with any of the powers,
1853duties, or purposes authorized by this act.
1854     (m)  To assess and to impose upon lands in the District ad
1855valorem taxes as provided by this act.
1856     (n)  If and when authorized by general law, to determine,
1857order, levy, impose, collect, and enforce maintenance taxes.
1858     (o)  To determine, order, levy, impose, collect, and
1859enforce assessments pursuant to this act and chapter 170,
1860Florida Statutes, as amended from time to time,  pursuant to
1861authority granted in section 197.3631, Florida Statutes, or
1862pursuant to other provisions of general law now or hereinafter
1863enacted which provide or authorize a supplemental means to
1864order, levy, impose, or collect special assessments. Such
1865special assessments, in the discretion of the District, may be
1866collected and enforced pursuant to the provisions of sections
1867197.3632 and 197.3635, Florida Statutes, and chapters 170 and
1868173, Florida Statutes, as they may be amended from time to time,
1869or as provided by this act, or by other means authorized by
1870general law now or hereinafter enacted.
1871     (p)  To exercise such special powers and other express
1872powers as may be authorized and granted by this act in the
1873charter of the District, including powers as provided in any
1874interlocal agreement entered into pursuant to chapter 163,
1875Florida Statutes, or which shall be required or permitted to be
1876undertaken by the District pursuant to any development order or
1877development of regional impact, including any interlocal service
1878agreement with Manatee County or Sarasota County for fair-share
1879capital construction funding for any certain capital facilities
1880or systems required of the developer pursuant to any applicable
1881development order or agreement.
1882     (q)  To exercise all of the powers necessary, convenient,
1883incidental, or proper in connection with any other powers or
1884duties or the special purpose of the District authorized by this
1885act.
1886
1887The provisions of this subsection shall be construed liberally
1888in order to carry out effectively the specialized purpose of
1889this act. However, nothing in this subsection regarding the
1890exercise of general powers by the District is intended to allow
1891the District to exercise one or more special powers in Manatee
1892County absent an interlocal agreement with Manatee County
1893consenting to the exercise of such powers within that county, or
1894to allow the District to exercise one or more special powers in
1895Sarasota County absent an interlocal agreement with Sarasota
1896County consenting to the exercise of such powers within that
1897county.
1898     (7)  SPECIAL POWERS.--The District shall have, and the
1899board may exercise, the following special powers to implement
1900its lawful and special purpose and to provide, pursuant to that
1901purpose, systems, facilities, services, improvements, projects,
1902works, and infrastructure, each of which constitutes a lawful
1903public purpose when exercised pursuant to this charter, subject
1904to, and not inconsistent with, the regulatory jurisdiction and
1905permitting authority of all other applicable governmental
1906bodies, agencies, and any special districts having authority
1907with respect to any area included therein, and to plan,
1908establish, acquire, construct or reconstruct, enlarge or extend,
1909equip, operate, finance, fund, and maintain improvements,
1910systems, facilities, services, works, projects, and
1911infrastructure. Any or all of the following special powers are
1912granted by this act in order to implement the special purpose of
1913the District:
1914     (a)  To provide water management and control for the lands
1915within the District and to connect some or any of such
1916facilities with roads and bridges. In the event that the board
1917assumes the responsibility for providing water management and
1918control for the District which is to be financed by benefit
1919special assessments, the board shall adopt plans and assessments
1920pursuant to law or may proceed to adopt water management and
1921control plans, assess for benefits, and apportion and levy
1922special assessments, as follows:
1923     1.  The board shall cause to be made by the District's
1924engineer, or such other engineer or engineers as the board may
1925employ for that purpose, complete and comprehensive water
1926management and control plans for the lands located within the
1927District that will be improved in any part or in whole by any
1928system of facilities that may be outlined and adopted, and the
1929engineer shall make a report in writing to the board with maps
1930and profiles of said surveys and an estimate of the cost of
1931carrying out and completing the plans.
1932     2.  Upon the completion of such plans, the board shall hold
1933a hearing thereon to hear objections thereto, shall give notice
1934of the time and place fixed for such hearing by publication once
1935each week for 2 consecutive weeks in a newspaper of general
1936circulation in the general area of the District, and shall
1937permit the inspection of the plan at the office of the District
1938by all persons interested. All objections to the plan shall be
1939filed at or before the time fixed in the notice for the hearing
1940and shall be in writing.
1941     3.  After the hearing, the board shall consider the
1942proposed plan and any objections thereto and may modify, reject,
1943or adopt the plan or continue the hearing until a day certain
1944for further consideration of the proposed plan or modifications
1945thereof.
1946     4.  When the board approves a plan, a resolution shall be
1947adopted and a certified copy thereof shall be filed in the
1948office of the secretary and incorporated by him or her into the
1949records of the District.
1950     5.  The water management and control plan may be altered in
1951detail from time to time until the appraisal record herein
1952provided is filed but not in such manner as to affect materially
1953the conditions of its adoption. After the appraisal record has
1954been filed, no alteration of the plan shall be made, except as
1955provided by this act.
1956     6.  Within 20 days after the final adoption of the plan by
1957the board, the board shall proceed pursuant to section 298.301,
1958Florida Statutes.
1959     (b)  To provide water supply, sewer, and wastewater
1960management, reclamation, and reuse, or any combination thereof,
1961and any irrigation systems, facilities, and services and to
1962construct and operate connecting intercepting or outlet sewers
1963and sewer mains and pipes and water mains, conduits, or
1964pipelines in, along, and under any street, alley, highway, or
1965other public place or ways, and to dispose of any effluent,
1966residue, or other byproducts of such system or sewer system.
1967     1.  The District may not purchase or sell a water, sewer,
1968or wastewater reuse utility that provides service to the public
1969for compensation, or enter into a wastewater facility
1970privatization contract for a wastewater facility, until the
1971governing body of the District has held a public hearing on the
1972purchase, sale, or wastewater facility privatization contract
1973and made a determination that the purchase, sale, or wastewater
1974facility privatization contract is in the public interest.
1975     2.  In determining if the purchase, sale, or wastewater
1976facility privatization contract is in the public interest, the
1977District shall consider, at a minimum, the following:
1978     a.  The most recent available income and expense statement
1979for the utility.
1980     b.  The most recent available balance sheet for the
1981utility, listing assets and liabilities and clearly showing the
1982amount of contributions in aid of construction and the
1983accumulated depreciation thereon.
1984     c.  A statement of the existing rate base of the utility
1985for regulatory purposes.
1986     d.  The physical condition of the utility facilities being
1987purchased or sold or subject to a wastewater facility
1988privatization contract.
1989     e.  The reasonableness of the purchase, sale, or wastewater
1990facility privatization contract price and terms.
1991     f.  The impacts of the purchase, sale, or wastewater
1992facility privatization contract on utility customers, both
1993positive and negative.
1994     g.  Any additional investment required and the ability and
1995willingness of the purchaser or the private firm under a
1996wastewater facility privatization contract to make that
1997investment, whether the purchaser is the District or the entity
1998purchasing the utility from the District.
1999     h.  In the case of a wastewater facility privatization
2000contract, the terms and conditions on which the private firm
2001will provide capital investment and financing or a combination
2002thereof for contemplated capital replacements, additions,
2003expansions, and repairs.
2004     i.  The alternatives to the purchase, sale, or wastewater
2005facility privatization contract and the potential impact on
2006utility customers if the purchase, sale, or wastewater facility
2007privatization contract is not made.
2008     j.  The ability of the purchaser or the private firm under
2009a wastewater facility privatization contract to provide and
2010maintain high-quality and cost-effective utility service,
2011whether the purchaser is the District or the entity purchasing
2012the utility from the District.
2013     k.  In the case of a wastewater facility privatization
2014contract, the District shall give significant weight to the
2015technical expertise and experience of the private firm in
2016carrying out the obligations specified in the wastewater
2017facility privatization contract.
2018     l.  All moneys paid by a private firm to a District
2019pursuant to a wastewater facility privatization contract shall
2020be used for the purpose of reducing or offsetting property
2021taxes, wastewater service rates, or debt reduction or making
2022infrastructure improvements or capital asset expenditures or
2023other public purpose, provided, however, that nothing herein
2024shall preclude the District from using all or part of the moneys
2025for the purpose of the District's qualification for relief from
2026the repayment of federal grant awards associated with the
2027wastewater system as may be required by federal law or
2028regulation. The District shall prepare a statement showing that
2029the purchase, sale, or wastewater facility privatization
2030contract is in the public interest, including a summary of the
2031purchaser's or private firm's experience in water, sewer, or
2032wastewater reuse utility operation and a showing of financial
2033ability to provide the service, whether the purchaser or private
2034firm is the District or the entity purchasing the utility from
2035the District.
2036     (c)  To provide bridges or culverts that may be needed
2037across any drain, ditch, canal, floodway, holding basin,
2038excavation, public highway, tract, grade, fill, or cut and
2039roadways over levees and embankments, and to construct any and
2040all of such works and improvements across, through, or over any
2041public right-of way, highway, grade, fill, or cut.
2042     (d)  To provide district roads equal to or exceeding the
2043specifications of the county in which such District roads are
2044located, and to provide street lights, including conditions of
2045development approval for which specifications may sometimes be
2046different than the normal specifications of the county. This
2047special power includes, but is not limited to, roads, parkways,
2048bridges, landscaping, hardscaping, irrigation, bicycle lanes,
2049jogging paths, street lighting, traffic signals, regulatory or
2050informational signage, road striping, underground conduit,
2051underground cable or fiber or wire installed to pursuant an
2052agreement with or tariff of a retail provider of services, and
2053all other customary elements of a functioning modern road system
2054in general or as tied to the conditions of development approval
2055for the area within the District, and parking facilities that
2056are freestanding or that may be related to any innovative
2057strategic intermodal system of transportation pursuant to
2058applicable federal, state, and local law and ordinance.
2059     (e)  To provide buses, trolleys, transit shelters,
2060ridesharing facilities and services, parking improvements, and
2061related signage.
2062     (f)  To provide investigation and remediation costs
2063associated with the cleanup of actual or perceived environmental
2064contamination within the District under the supervision or
2065direction of a competent governmental authority unless the
2066covered costs benefit any person who is a landowner within the
2067District and who caused or contributed to the contamination.
2068     (g)  To provide observation areas, mitigation areas, and
2069wildlife habitat, including the maintenance of any plant or
2070animal species, and any related interest in real or personal
2071property.
2072     (h)  Using its general and special powers as set forth in
2073this act, to provide any other project within or without the
2074boundaries of the District when the project is the subject of an
2075agreement between the District and the Board of County
2076Commissioners of either Manatee County or Sarasota County or
2077with any other applicable public or private entity, and is not
2078inconsistent with the effective local comprehensive plans.
2079     (i)  To provide parks and facilities for indoor and outdoor
2080recreational, cultural, and educational uses.
2081     (j)  To provide fire prevention and control, including fire
2082stations, water mains and plugs, fire trucks, and other vehicles
2083and equipment.
2084     (k)  To provide school buildings and related structures,
2085which may be leased, sold, or donated to the school district,
2086for use in the educational system when authorized by the
2087district school board.
2088     (l)  To provide security, including, but not limited to,
2089guardhouses, fences, and gates, electronic intrusion-detection
2090systems, and patrol cars, when authorized by proper governmental
2091agencies; however, the District may not exercise any powers of a
2092law enforcement agency but may contract with the appropriate
2093local general-purpose government agencies for an increased level
2094of such services within the District boundaries. Notwithstanding
2095any provision of general law, the District may operate
2096guardhouses for the limited purpose of providing security for
2097the residents of the District and which serve a predominate
2098public, as opposed to private, purpose. Such guardhouses shall
2099be operated by the District or any other unit of local
2100government pursuant to procedures designed to serve such
2101security purposes as set forth in rules adopted by the board,
2102from time to time, following the procedures set forth in chapter
2103120, Florida Statutes.
2104     (m)  To provide control and elimination of mosquitoes and
2105other arthropods of public health importance.
2106     (n)  To provide waste collection and disposal.
2107     (o)  To enter into impact fee credit agreements with
2108Manatee County or Sarasota County. Under such agreements, if the
2109District constructs or makes contributions for public systems,
2110facilities, services, projects, improvements, works, and
2111infrastructures for which impact fee credits would be available
2112to the landowner developer under the applicable impact fee
2113ordinance, the agreement authorized by this act shall provide
2114that such impact fee credit shall inure to the landowners within
2115the District in proportion to assessments or other burdens
2116levied and imposed upon the landowners with respect to
2117assessable improvements giving rise to such impact fee credits,
2118and the District shall from time to time execute such
2119instruments, such as assignments of impact fee credits, as may
2120be necessary, appropriate, or desirable to accomplish or to
2121confirm the foregoing.
2122     (p)  To provide buildings and structures for District
2123offices, maintenance facilities, meeting facilities, town
2124centers, or any other project authorized or granted by this act.
2125     (q)  To establish and create, at noticed meetings, such
2126governmental departments of the Board of Supervisors of the
2127District, as well as committees, task forces, boards, or
2128commissions, or other agencies under the supervision and control
2129of the District, as from time to time the members of the board
2130may deem necessary or desirable in the performance of the acts
2131or other things necessary to exercise the board's general or
2132special powers to implement an innovative project to carry out
2133the special purpose of the District as provided in this act and
2134to delegate the exercise of its powers to such departments,
2135boards, task forces, committees, or other agencies and such
2136administrative duties and other powers as the board may deem
2137necessary or desirable but only if there is a set of expressed
2138limitations for accountability, notice, and periodic written
2139reporting to the board that shall retain the powers of the
2140board.
2141
2142The enumeration of special powers herein shall not be deemed
2143exclusive or restrictive but shall be deemed to incorporate all
2144powers express or implied necessary or incident to carrying out
2145such enumerated special powers, including also the general
2146powers provided by this special act charter to the District to
2147implement its single purpose. Further, the provisions of this
2148subsection shall be construed liberally in order to carry out
2149effectively the special purpose of this District under this act.
2150The District shall only exercise the special powers described in
2151paragraphs (a) through (p) within Manatee County upon the
2152execution of an interlocal agreement between the District and
2153Manatee County consenting to the District's exercise of those
2154powers within Manatee County. The District shall only exercise
2155the special powers described in paragraphs (a) through (p)
2156within Sarasota County upon the execution of an interlocal
2157agreement between the District and Sarasota County consenting to
2158the District's exercise of those powers within Sarasota County.
2159The District may exercise different powers within each county,
2160depending upon the timing and content of the respective
2161interlocal agreement, as either may be amended from time to
2162time.
2163     (8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
2164the other powers provided for in this act, and not in limitation
2165thereof, the District shall have the power, at any time and from
2166time to time after the issuance of any bonds of the District
2167shall have been authorized, to borrow money for the purposes for
2168which such bonds are to be issued in anticipation of the receipt
2169of the proceeds of the sale of such bonds and to issue bond
2170anticipation notes in a principal sum not in excess of the
2171authorized maximum amount of such bond issue. Such notes shall
2172be in such denomination or denominations, bear interest at such
2173rate as the board may determine not to exceed the maximum rate
2174allowed by general law, mature at such time or times not later
2175than 5 years from the date of issuance, and be in such form and
2176executed in such manner as the board shall prescribe. Such notes
2177may be sold at either public or private sale or, if such notes
2178shall be renewal notes, may be exchanged for notes then
2179outstanding on such terms as the board shall determine. Such
2180notes shall be paid from the proceeds of such bonds when issued.
2181The board may, in its discretion, in lieu of retiring the notes
2182by means of bonds, retire them by means of current revenues or
2183from any taxes or assessments levied for the payment of such
2184bonds, but, in such event, a like amount of the bonds authorized
2185shall not be issued.
2186     (9)  BORROWING.--The District at any time may obtain loans,
2187in such amount and on such terms and conditions as the board may
2188approve, for the purpose of paying any of the expenses of the
2189District or any costs incurred or that may be incurred in
2190connection with any of the projects of the District, which loans
2191shall bear interest as the board determines, not to exceed the
2192maximum rate allowed by general law, and may be payable from and
2193secured by a pledge of such funds, revenues, taxes, and
2194assessments as the board may determine, subject, however, to the
2195provisions contained in any proceeding under which bonds were
2196theretofore issued and are then outstanding. For the purpose of
2197defraying such costs and expenses, the District may issue
2198negotiable notes, warrants, or other evidences of debt to be
2199payable at such times and to bear such interest as the board may
2200determine, not to exceed the maximum rate allowed by general
2201law, and to be sold or discounted at such price or prices not
2202less than 95 percent of par value and on such terms as the board
2203may deem advisable. The board shall have the right to provide
2204for the payment thereof by pledging the whole or any part of the
2205funds, revenues, taxes, and assessments of the District. The
2206approval of the electors residing in the District shall not be
2207necessary except when required by the State Constitution.
2208     (10)  BONDS.--
2209     (a)  Sale of bonds.--Bonds may be sold in blocks or
2210installments at different times, or an entire issue or series
2211may be sold at one time. Bonds may be sold at public or private
2212sale after such advertisement, if any, as the board may deem
2213advisable but not in any event at less than 90 percent of the
2214par value thereof, together with accrued interest thereon. Bonds
2215may be sold or exchanged for refunding bonds. Special assessment
2216and revenue bonds may be delivered by the District as payment of
2217the purchase price of any project or part thereof, or a
2218combination of projects or parts thereof, or as the purchase
2219price or exchange for any property, real, personal, or mixed,
2220including franchises or services rendered by any contractor,
2221engineer, or other person, all at one time or in blocks from
2222time to time, in such manner and upon such terms as the board in
2223its discretion shall determine. The price or prices for any
2224bonds sold, exchanged, or delivered may be:
2225     1.  The money paid for the bonds.
2226     2.  The principal amount, plus accrued interest to the date
2227of redemption or exchange, or outstanding obligations exchanged
2228for refunding bonds.
2229     3.  In the case of special assessment or revenue bonds, the
2230amount of any indebtedness to contractors or other persons paid
2231with such bonds, or the fair value of any properties exchanged
2232for the bonds, as determined by the board.
2233     (b)  Authorization and form of bonds.--Any general
2234obligation bonds, special assessment bonds, or revenue bonds may
2235be authorized by resolution or resolutions of the board which
2236shall be adopted by a majority of all the members thereof then
2237in office. Such resolution or resolutions may be adopted at the
2238same meeting at which they are introduced and need not be
2239published or posted. The board may, by resolution, authorize the
2240issuance of bonds and fix the aggregate amount of bonds to be
2241issued; the purpose or purposes for which the moneys derived
2242therefrom shall be expended, including, but not limited to,
2243payment of costs as defined in section 2(2)(i); the rate or
2244rates of interest, not to exceed the maximum rate allowed by
2245general law; the denomination of the bonds; whether or not the
2246bonds are to be issued in one or more series; the date or dates
2247of maturity, which shall not exceed 40 years from their
2248respective dates of issuance; the medium of payment; the place
2249or places within or without the state at which payment shall be
2250made; registration privileges; redemption terms and privileges,
2251whether with or without premium; the manner of execution; the
2252form of the bonds, including any interest coupons to be attached
2253thereto; the manner of execution of bonds and coupons; and any
2254and all other terms, covenants, and conditions thereof and the
2255establishment of revenue or other funds. Such authorizing
2256resolution or resolutions may further provide for the contracts
2257authorized by section 159.825(1)(f) and (g), Florida Statutes,
2258regardless of the tax treatment of such bonds being authorized,
2259subject to the finding by the board of a net saving to the
2260District resulting by reason thereof. Such authorizing
2261resolution may further provide that such bonds may be executed
2262in accordance with the Registered Public Obligations Act, except
2263that bonds not issued in registered form shall be valid if
2264manually countersigned by an officer designated by appropriate
2265resolution of the board. The seal of the District may be
2266affixed, lithographed, engraved, or otherwise reproduced in
2267facsimile on such bonds. In case any officer whose signature
2268shall appear on any bonds or coupons shall cease to be such
2269officer before the delivery of such bonds, such signature or
2270facsimile shall nevertheless be valid and sufficient for all
2271purposes the same as if he or she had remained in office until
2272such delivery.
2273     (c)  Interim certificates; replacement
2274certificates.--Pending the preparation of definitive bonds, the
2275board may issue interim certificates or receipts or temporary
2276bonds, in such form and with such provisions as the board may
2277determine, exchangeable for definitive bonds when such bonds
2278have been executed and are available for delivery. The board may
2279also provide for the replacement of any bonds which become
2280mutilated, lost, or destroyed.
2281     (d)  Negotiability of bonds.--Any bond issued under this
2282act or any temporary bond, in the absence of an express recital
2283on the face thereof that it is nonnegotiable, shall be fully
2284negotiable and shall be and constitute a negotiable instrument
2285within the meaning and for all purposes of the law merchant and
2286the laws of the state.
2287     (e)  Defeasance.--The board may make such provision with
2288respect to the defeasance of the right, title, and interest of
2289the holders of any of the bonds and obligations of the District
2290in any revenues, funds, or other properties by which such bonds
2291are secured as the board deems appropriate and, without
2292limitation on the foregoing, may provide that when such bonds or
2293obligations become due and payable or shall have been called for
2294redemption and the whole amount of the principal and interest
2295and premium, if any, due and payable upon the bonds or
2296obligations then outstanding shall be held in trust for such
2297purpose, and provision shall also be made for paying all other
2298sums payable in connection with such bonds or other obligations,
2299then and in such event the right, title, and interest of the
2300holders of the bonds in any revenues, funds, or other properties
2301by which such bonds are secured shall thereupon cease,
2302terminate, and become void; and the board may apply any surplus
2303in any sinking fund established in connection with such bonds or
2304obligations and all balances remaining in all other funds or
2305accounts other than moneys held for the redemption or payment of
2306the bonds or other obligations to any lawful purpose of the
2307District as the board shall determine.
2308     (f)  Issuance of additional bonds.--If the proceeds of any
2309bonds are less than the cost of completing the project in
2310connection with which such bonds were issued, the board may
2311authorize the issuance of additional bonds, upon such terms and
2312conditions as the board may provide in the resolution
2313authorizing the issuance thereof, but only in compliance with
2314the resolution or other proceedings authorizing the issuance of
2315the original bonds.
2316     (g)  Refunding bonds.--The District shall have the power to
2317issue bonds to provide for the retirement or refunding of any
2318bonds or obligations of the District that at the time of such
2319issuance are or subsequent thereto become due and payable, or
2320that at the time of issuance have been called or are or will be
2321subject to call for redemption within 10 years thereafter, or
2322the surrender of which can be procured from the holders thereof
2323at prices satisfactory to the board. Refunding bonds may be
2324issued at any time that in the judgment of the board such
2325issuance will be advantageous to the District. No approval of
2326the qualified electors residing in the District shall be
2327required for the issuance of refunding bonds except in cases in
2328which such approval is required by the State Constitution. The
2329board may by resolution confer upon the holders of such
2330refunding bonds all rights, powers, and remedies to which the
2331holders would be entitled if they continued to be the owners and
2332had possession of the bonds for the refinancing of which such
2333refunding bonds are issued, including, but not limited to, the
2334preservation of the lien of such bonds on the revenues of any
2335project or on pledged funds, without extinguishment, impairment,
2336or diminution thereof. The provisions of this act pertaining to
2337bonds of the District shall, unless the context otherwise
2338requires, govern the issuance of refunding bonds, the form and
2339other details thereof, the rights of the holders thereof, and
2340the duties of the board with respect to them.
2341     (h)  Revenue bonds.--
2342     1.  The District shall have the power to issue revenue
2343bonds from time to time without limitation as to amount. Such
2344revenue bonds may be secured by, or payable from, the gross or
2345net pledge of the revenues to be derived from any project or
2346combination of projects; from the rates, fees, or other charges
2347to be collected from the users of any project or projects; from
2348any revenue-producing undertaking or activity of the District;
2349from special assessments; or from benefit special assessments;
2350or from any other source or pledged security. Such bonds shall
2351not constitute an indebtedness of the District, and the approval
2352of the qualified electors shall not be required unless such
2353bonds are additionally secured by the full faith and credit and
2354taxing power of the District.
2355     2.  Any two or more projects may be combined and
2356consolidated into a single project and may hereafter be operated
2357and maintained as a single project. The revenue bonds authorized
2358herein may be issued to finance any one or more of such
2359projects, regardless of whether or not such projects have been
2360combined and consolidated into a single project. If the board
2361deems it advisable, the proceedings authorizing such revenue
2362bonds may provide that the District may thereafter combine the
2363projects then being financed or theretofore financed with other
2364projects to be subsequently financed by the District and that
2365revenue bonds to be thereafter issued by the District shall be
2366on parity with the revenue bonds then being issued, all on such
2367terms, conditions, and limitations as shall have been provided
2368in the proceeding which authorized the original bonds.
2369     (i)  General obligation bonds.--
2370     1.  Subject to the limitations of this charter, the
2371District shall have the power from time to time to issue general
2372obligation bonds to finance or refinance capital projects or to
2373refund outstanding bonds in an aggregate principal amount of
2374bonds outstanding at any one time not in excess of 35 percent of
2375the assessed value of the taxable property within the District
2376as shown on the pertinent tax records at the time of the
2377authorization of the general obligation bonds for which the full
2378faith and credit of the District is pledged. Except for
2379refunding bonds, no general obligation bonds shall be issued
2380unless the bonds are issued to finance or refinance a capital
2381project and the issuance has been approved at an election held
2382in accordance with the requirements for such election as
2383prescribed by the State Constitution. Such elections shall be
2384called to be held in the District by the Board of County
2385Commissioners of Manatee and Sarasota Counties upon the request
2386of the board of the District. The expenses of calling and
2387holding an election shall be at the expense of the District, and
2388the District shall reimburse the county for any expenses
2389incurred in calling or holding such election.
2390     2.  The District may pledge its full faith and credit for
2391the payment of the principal and interest on such general
2392obligation bonds and for any reserve funds provided therefor and
2393may unconditionally and irrevocably pledge itself to levy ad
2394valorem taxes on all taxable property in the District, to the
2395extent necessary for the payment thereof, without limitation as
2396to rate or amount.
2397     3.  If the board determines to issue general obligation
2398bonds for more than one capital project, the approval of the
2399issuance of the bonds for each and all such projects may be
2400submitted to the electors on one and the same ballot. The
2401failure of the electors to approve the issuance of bonds for any
2402one or more capital projects shall not defeat the approval of
2403bonds for any capital project which has been approved by the
2404electors.
2405     4.  In arriving at the amount of general obligation bonds
2406permitted to be outstanding at any one time pursuant to
2407subparagraph 1., there shall not be included any general
2408obligation bonds which are additionally secured by the pledge
2409of:
2410     a.  Any assessments levied in an amount sufficient to pay
2411the principal and interest on the general obligation bonds so
2412additionally secured, which assessments have been equalized and
2413confirmed by resolution of the board pursuant to this act or
2414section 170.08, Florida Statutes.
2415     b.  Water revenues, sewer revenues, or water and sewer
2416revenues of the District to be derived from user fees in an
2417amount sufficient to pay the principal and interest on the
2418general obligation bonds so additionally secured.
2419     c.  Any combination of assessments and revenues described
2420in sub-subparagraphs a. and b.
2421     (j)  Bonds as legal investment or security.--
2422     1.  Notwithstanding any provisions of any other law to the
2423contrary, all bonds issued under the provisions of this act
2424shall constitute legal investments for savings banks, banks,
2425trust companies, insurance companies, executors, administrators,
2426trustees, guardians, and other fiduciaries and for any board,
2427body, agency, instrumentality, county, municipality, or other
2428political subdivision of the state and shall be and constitute
2429security which may be deposited by banks or trust companies as
2430security for deposits of state, county, municipal, or other
2431public funds or by insurance companies as required or voluntary
2432statutory deposits.
2433     2.  Any bonds issued by the District shall be incontestable
2434in the hands of bona fide purchasers or holders for value and
2435shall not be invalid because of any irregularity or defect in
2436the proceedings for the issue and sale thereof.
2437     (k)  Covenants.--Any resolution authorizing the issuance of
2438bonds may contain such covenants as the board may deem
2439advisable, and all such covenants shall constitute valid and
2440legally binding and enforceable contracts between the District
2441and the bondholders, regardless of the time of issuance thereof.
2442Such covenants may include, without limitation, covenants
2443concerning the disposition of the bond proceeds; the use and
2444disposition of project revenues; the pledging of revenues,
2445taxes, and assessments; the obligations of the District with
2446respect to the operation of the project and the maintenance of
2447adequate project revenues; the issuance of additional bonds; the
2448appointment, powers, and duties of trustees and receivers; the
2449acquisition of outstanding bonds and obligations; restrictions
2450on the establishing of competing projects or facilities;
2451restrictions on the sale or disposal of the assets and property
2452of the District; the priority of assessment liens; the priority
2453of claims by bondholders on the taxing power of the District;
2454the maintenance of deposits to ensure the payment of revenues by
2455users of District facilities and services; the discontinuance of
2456District services by reason of delinquent payments; acceleration
2457upon default; the execution of necessary instruments; the
2458procedure for amending or abrogating covenants with the
2459bondholders; and such other covenants as may be deemed necessary
2460or desirable for the security of the bondholders.
2461     (l)  Validation proceedings.--The power of the District to
2462issue bonds under the provisions of this act may be determined,
2463and any of the bonds of the District maturing over a period of
2464more than 5 years shall be validated and confirmed, by court
2465decree, under the provisions of chapter 75, Florida Statutes,
2466and laws amendatory thereof or supplementary thereto.
2467     (m)  Tax exemption.--To the extent allowed by general law,
2468all bonds issued hereunder and interest paid thereon and all
2469fees, charges, and other revenues derived by the District from
2470the projects provided by this act are exempt from all taxes by
2471the state or by any political subdivision, agency, or
2472instrumentality thereof; however, any interest, income, or
2473profits on debt obligations issued hereunder are not exempt from
2474the tax imposed by chapter 220, Florida Statutes. Further, the
2475District is not exempt from the provisions of chapter 212,
2476Florida Statutes.
2477     (n)  Application of section 189.4085, Florida
2478Statutes.--Bonds issued by the District shall meet the criteria
2479set forth in section 189.4085, Florida Statutes.
2480     (o)  Act furnishes full authority for issuance of
2481bonds.--This act constitutes full and complete authority for the
2482issuance of bonds and the exercise of the powers of the District
2483provided herein. No procedures or proceedings, publications,
2484notices, consents, approvals, orders, acts, or things by the
2485board, or any board, officer, commission, department, agency, or
2486instrumentality of the District, other than those required by
2487this act, shall be required to perform anything under this act,
2488except that the issuance or sale of bonds pursuant to the
2489provisions of this act shall comply with the general law
2490requirements applicable to the issuance or sale of bonds by the
2491District. Nothing in this act shall be construed to authorize
2492the District to utilize bond proceeds to fund the ongoing
2493operations of the District.
2494     (p)  Pledge by the state to the bondholders of the
2495District.--The state pledges to the holders of any bonds issued
2496under this act that it will not limit or alter the rights of the
2497District to own, acquire, construct, reconstruct, improve,
2498maintain, operate, or furnish the projects or to levy and
2499collect the taxes, assessments, rentals, rates, fees, and other
2500charges provided for herein and to fulfill the terms of any
2501agreement made with the holders of such bonds or other
2502obligations and that it will not in any way impair the rights or
2503remedies of such holders.
2504     (q)  Default.--A default on the bonds or obligations of a
2505District shall not constitute a debt or obligation of the state
2506or any general-purpose local government or the state.
2507     (11)  TRUST AGREEMENTS.--Any issue of bonds shall be
2508secured by a trust agreement by and between the District and a
2509corporate trustee or trustees, which may be any trust company or
2510bank having the powers of a trust company within or without the
2511state. The resolution authorizing the issuance of the bonds or
2512such trust agreement may pledge the revenues to be received from
2513any projects of the District and may contain such provisions for
2514protecting and enforcing the rights and remedies of the
2515bondholders as the board may approve, including, without
2516limitation, covenants setting forth the duties of the District
2517in relation to: the acquisition, construction, reconstruction,
2518improvement, maintenance, repair, operation, and insurance of
2519any projects; the fixing and revising of the rates, fees, and
2520charges; and the custody, safeguarding, and application of all
2521moneys and for the employment of consulting engineers in
2522connection with such acquisition, construction, reconstruction,
2523improvement, maintenance, repair, or operation. It shall be
2524lawful for any bank or trust company within or without the state
2525which may act as a depository of the proceeds of bonds or of
2526revenues to furnish such indemnifying bonds or to pledge such
2527securities as may be required by the District. Such resolution
2528or trust agreement may set forth the rights and remedies of the
2529bondholders and of the trustee, if any, and may restrict the
2530individual right of action by bondholders. The board may provide
2531for the payment of proceeds of the sale of the bonds and the
2532revenues of any project to such officer, board, or depository as
2533it may designate for the custody thereof and may provide for the
2534method of disbursement thereof with such safeguards and
2535restrictions as it may determine. All expenses incurred in
2536carrying out the provisions of such resolution or trust
2537agreement may be treated as part of the cost of operation of the
2538project to which such trust agreement pertains.
2539     (12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2540ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2541ASSESSMENTS; MAINTENANCE TAXES.--
2542     (a)  Ad valorem taxes.--An elected board shall have the
2543power to levy and assess an ad valorem tax on all the taxable
2544property in the District to construct, operate, and maintain
2545assessable improvements; to pay the principal of, and interest
2546on, any general obligation bonds of the District; and to provide
2547for any sinking or other funds established in connection with
2548any such bonds. An ad valorem tax levied by the board for
2549operating purposes, exclusive of debt service on bonds, shall
2550not exceed 3 mills. The ad valorem tax provided for herein shall
2551be in addition to county and all other ad valorem taxes provided
2552for by law. Such tax shall be assessed, levied, and collected in
2553the same manner and at the same time as county taxes. The levy
2554of ad valorem taxes must be approved by referendum as required
2555by Section 9 of Article VII of the State Constitution.
2556     (b)  Benefit special assessments.--The board annually shall
2557determine, order, and levy the annual installment of the total
2558benefit special assessments for bonds issued and related
2559expenses to finance assessable improvements. These assessments
2560may be due and collected during each year that county taxes are
2561due and collected, in which case such annual installment and
2562levy shall be evidenced to and certified to the property
2563appraiser by the board not later than August 31 of each year.
2564Such assessment shall be entered by the property appraiser on
2565the county tax rolls and shall be collected and enforced by the
2566tax collector in the same manner and at the same time as county
2567taxes, and the proceeds thereof shall be paid to the District.
2568However, this subsection shall not prohibit the District in its
2569discretion from using the method prescribed in either section
2570197.3632 or chapter 173, Florida Statutes, as each may be
2571amended from time to time, for collecting and enforcing these
2572assessments. Each annual installment of benefit special
2573assessments shall be a lien on the property against which
2574assessed until paid and shall be enforceable in like manner as
2575county taxes. The amount of the assessment for the exercise of
2576the District's powers under subsections (6) and (7) shall be
2577determined by the board based upon a report of the District's
2578engineer and assessed by the board upon such lands, which may be
2579part or all of the lands within the District benefited by the
2580improvement, apportioned between benefited lands in proportion
2581to the benefits received by each tract of land. The board may,
2582if it determines it is in the best interests of the District,
2583set forth in the proceedings initially levying such benefit
2584special assessments or in subsequent proceedings a formula for
2585the determination of an amount, which when paid by a taxpayer
2586with respect to any tax parcel, shall constitute a prepayment of
2587all future annual installments of such benefit special
2588assessments and that the payment of which amount with respect to
2589such tax parcel shall relieve and discharge such tax parcel of
2590the lien of such benefit special assessments and any subsequent
2591annual installment thereof. The board may provide further that
2592upon delinquency in the payment of any annual installment of
2593benefit special assessments, the prepayment amount of all future
2594annual installments of benefit special assessments as determined
2595in the preceding sentence shall be and become immediately due
2596and payable together with such delinquent annual installment.
2597     (c)  Non-ad valorem maintenance taxes.--If and when
2598authorized by general law, to maintain and to preserve the
2599physical facilities and services constituting the works,
2600improvements, or infrastructure provided by the District
2601pursuant to this act, to repair and restore any one or more of
2602them, when needed, and to defray the current expenses of the
2603District, including any sum which may be required to pay state
2604and county ad valorem taxes on any lands which may have been
2605purchased and which are held by the District under the
2606provisions of this act, the Board of Supervisors may, upon the
2607completion of said systems, facilities, services, works,
2608improvements, or infrastructure, in whole or in part, as may be
2609certified to the board by the engineer of the board, levy
2610annually a non-ad valorem and nonmillage tax upon each tract or
2611parcel of land within the District, to be known as a
2612"maintenance tax." This non-ad valorem maintenance tax shall be
2613apportioned upon the basis of the net assessments of benefits
2614assessed as accruing from the original construction and shall be
2615evidenced to and certified by the Board of Supervisors of the
2616District not later than June 1 of each year to the property
2617appraisers of Manatee and Sarasota Counties and shall be
2618extended by the property appraiser on the tax roll of the
2619property appraiser, as certified by the property appraiser to
2620the tax collector, and collected by the tax collector on the
2621merged collection roll of the tax collector in the same manner
2622and at the same time as county ad valorem taxes, and the
2623proceeds therefrom shall be paid to the District. This non-ad
2624valorem maintenance tax shall be a lien until paid on the
2625property against which assessed and enforceable in like manner
2626and of the same dignity as county ad valorem taxes.
2627     (d)  Maintenance special assessments.--To maintain and
2628preserve the facilities and projects of the District, the board
2629may levy a maintenance special assessment. This assessment may
2630be evidenced to and certified to the property appraiser by the
2631Board of Supervisors not later than August 31 of each year and
2632shall be entered by the property appraiser on the county tax
2633rolls and shall be collected and enforced by the tax collector
2634in the same manner and at the same time as county taxes, and the
2635proceeds therefrom shall be paid to the District. However, this
2636subsection shall not prohibit the District in its discretion
2637from using the method prescribed in either section 197.363,
2638section 197.3631, or section 197.3632, Florida Statutes, for
2639collecting and enforcing these assessments. These maintenance
2640special assessments shall be a lien on the property against
2641which assessed until paid and shall be enforceable in like
2642manner as county taxes. The amount of the maintenance special
2643assessment for the exercise of the District's powers under this
2644section shall be determined by the board based upon a report of
2645the District's engineer and assessed by the board upon such
2646lands, which may be all of the lands within the District
2647benefited by the maintenance thereof, apportioned between the
2648benefited lands in proportion to the benefits received by each
2649tract of land.
2650     (e)  Special assessments.--To levy and impose any special
2651assessments pursuant to this subsection.
2652     (f)  Enforcement of taxes.--The collection and enforcement
2653of all taxes levied by the District shall be at the same time
2654and in like manner as county taxes, and the provisions of the
2655laws of Florida relating to the sale of lands for unpaid and
2656delinquent county taxes; the issuance, sale, and delivery of tax
2657certificates for such unpaid and delinquent county taxes; the
2658redemption thereof; the issuance to individuals of tax deeds
2659based thereon; and all other procedures in connection therewith
2660shall be applicable to the District to the same extent as if
2661such statutory provisions were expressly set forth herein. All
2662taxes shall be subject to the same discounts as county taxes.
2663     (g)  When unpaid tax is delinquent; penalty.--All taxes
2664provided for in this act shall become delinquent and bear
2665penalties on the amount of such taxes in the same manner as
2666county taxes.
2667     (h)  Status of assessments.--Benefit special assessments,
2668maintenance special assessments, and special assessments are
2669hereby found and determined to be non-ad valorem assessments as
2670defined by section 197.3632, Florida Statutes. Maintenance taxes
2671are non-ad valorem taxes and are not special assessments.
2672     (i)  Assessments constitute liens; collection.--Any and all
2673assessments, including special assessments, benefit special
2674assessments, and maintenance special assessments authorized by
2675this section, and including special assessments as defined by
2676section 2(2)(z) and granted and authorized by this subsection,
2677and including maintenance taxes if authorized by general law,
2678shall constitute a lien on the property against which assessed
2679from the date of levy and imposition thereof until paid, coequal
2680with the lien of state, county, municipal, and school board
2681taxes. These assessments may be collected, at the District's
2682discretion, under authority of section 197.3631, Florida
2683Statutes, as amended from time to time, by the tax collector
2684pursuant to the provisions of sections 197.3632 and 197.3635,
2685Florida Statutes, as amended from time to time, or in accordance
2686with other collection measures provided by law. In addition to,
2687and not in limitation of, any powers otherwise set forth herein
2688or in general law, these assessments may also be enforced
2689pursuant to the provisions of chapter 173, Florida Statutes, as
2690amended from time to time.
2691     (j)  Land owned by governmental entity.--Except as
2692otherwise provided by law, no levy of ad valorem taxes or non-ad
2693valorem assessments under this act, chapter 170, or chapter 197,
2694Florida Statutes, as each may be amended from time to time, or
2695otherwise, by a board of a District, on property of a
2696governmental entity that is subject to a ground lease as
2697described in section 190.003(13), Florida Statutes, shall
2698constitute a lien or encumbrance on the underlying fee interest
2699of such governmental entity.
2700     (13)  SPECIAL ASSESSMENTS.--
2701     (a)  As an alternative method to the levy and imposition of
2702special assessments pursuant to chapter 170, Florida Statutes,
2703pursuant to the authority of section 197.3631, Florida Statutes,
2704or pursuant to other provisions of general law, now or hereafter
2705enacted, which provide a supplemental means or authority to
2706impose, levy, and collect special assessments as otherwise
2707authorized under this act, the board may levy and impose special
2708assessments to finance the exercise of any of its powers
2709permitted under this act using the following uniform procedures:
2710     1.  At a noticed meeting, the Board of Supervisors of the
2711District may consider and review an engineer's report on the
2712costs of the systems, facilities, and services to be provided, a
2713preliminary assessment methodology, and a preliminary roll based
2714on acreage or platted lands, depending upon whether platting has
2715occurred.
2716     a.  The assessment methodology shall address and discuss
2717and the board shall consider whether the systems, facilities,
2718and services being contemplated will result in special benefits
2719peculiar to the property, different in kind and degree than
2720general benefits, as a logical connection between the systems,
2721facilities, and services themselves and the property, and
2722whether the duty to pay the assessments by the property owners
2723is apportioned in a manner that is fair and equitable and not in
2724excess of the special benefit received. It shall be fair and
2725equitable to designate a fixed proportion of the annual debt
2726service, together with interest thereon, on the aggregate
2727principal amount of bonds issued to finance such systems,
2728facilities, and services which give rise to unique, special, and
2729peculiar benefits to property of the same or similar
2730characteristics under the assessment methodology so long as such
2731fixed proportion does not exceed the unique, special, and
2732peculiar benefits enjoyed by such property from such systems,
2733facilities, and services.
2734     b.  The engineer's cost report shall identify the nature of
2735the proposed systems, facilities, and services, their location,
2736a cost breakdown plus a total estimated cost, including cost of
2737construction or reconstruction, labor, and materials, lands,
2738property, rights, easements, franchises, or systems, facilities,
2739and services to be acquired, cost of plans and specifications,
2740surveys of estimates of costs and revenues, costs of
2741engineering, legal, and other professional consultation
2742services, and other expenses or costs necessary or incident to
2743determining the feasibility or practicability of such
2744construction, reconstruction, or acquisition, administrative
2745expenses, relationship to the authority and power of the
2746District in its charter, and such other expenses or costs as may
2747be necessary or incident to the financing to be authorized by
2748the Board of Supervisors.
2749     c.  The preliminary assessment roll to be prepared will be
2750in accordance with the method of assessment provided for in the
2751assessment methodology and as may be adopted by the Board of
2752Supervisors; the assessment roll shall be completed as promptly
2753as possible and shall show the acreage, lots, lands, or plats
2754assessed and the amount of the fairly and reasonably apportioned
2755assessment based on special and peculiar benefit to the
2756property, lot, parcel, or acreage of land; and, if the
2757assessment against each such lot, parcel, acreage, or portion of
2758land is to be paid in installments, the number of annual
2759installments in which the assessment is divided shall be entered
2760into and shown upon the assessment roll.
2761     2.  The Board of Supervisors of the District may determine
2762and declare by an initial assessment resolution to levy and
2763assess the assessments with respect to assessable improvements
2764stating the nature of the systems, facilities, and services,
2765improvements, projects, or infrastructure constituting such
2766assessable improvements, the information in the engineer's cost
2767report, the information in the assessment methodology as
2768determined by the board at the noticed meeting and referencing
2769and incorporating as part of the resolution the engineer's cost
2770report, the preliminary assessment methodology, and the
2771preliminary assessment roll as referenced exhibits to the
2772resolution by reference. If the board determines to declare and
2773levy the special assessments by the initial assessment
2774resolution, the board shall also adopt and declare a notice
2775resolution which shall provide and cause the initial assessment
2776resolution to be published once a week for a period of 2 weeks
2777in newspapers of general circulation published in Manatee and
2778Sarasota Counties and said board shall by the same resolution
2779fix a time and place at which the owner or owners of the
2780property to be assessed or any other persons interested therein
2781may appear before said board and be heard as to the propriety
2782and advisability of making such improvements, as to the costs
2783thereof, as to the manner of payment therefor, and as to the
2784amount thereof to be assessed against each property so improved.
2785Thirty days' notice in writing of such time and place shall be
2786given to such property owners. The notice shall include the
2787amount of the assessment and shall be served by mailing a copy
2788to each assessed property owner at his or her last known
2789address, the names and addresses of such property owners to be
2790obtained from the record of the property appraiser of the county
2791political subdivision in which the land is located or from such
2792other sources as the district manager or engineer deems
2793reliable, and proof of such mailing shall be made by the
2794affidavit of the manager of the District or by the engineer,
2795said proof to be filed with the district manager, provided that
2796failure to mail said notice or notices shall not invalidate any
2797of the proceedings hereunder. It is provided further that the
2798last publication shall be at least 1 week prior to the date of
2799the hearing on the final assessment resolution. Said notice
2800shall describe the general areas to be improved and advise all
2801persons interested that the description of each property to be
2802assessed and the amount to be assessed to each piece, parcel,
2803lot, or acre of property may be ascertained at the office of the
2804manager of the District. Such service by publication shall be
2805verified by the affidavit of the publisher and filed with the
2806manager of the District. Moreover, the initial assessment
2807resolution with its attached, referenced, and incorporated
2808engineer's cost report, preliminary assessment methodology, and
2809preliminary assessment roll, along with the notice resolution,
2810shall be available for public inspection at the office of the
2811manager and the office of the engineer or any other office
2812designated by the Board of Supervisors in the notice resolution.
2813Notwithstanding the foregoing, the landowners of all of the
2814property which is proposed to be assessed may give the District
2815written notice of waiver of any notice and publication provided
2816for in this subparagraph and such notice and publication shall
2817not be required, provided, however, that any meeting of the
2818Board of Supervisors to consider such resolution shall be a
2819publicly noticed meeting.
2820     3.  At the time and place named in the noticed resolution
2821as provided for in subparagraph 2., the Board of Supervisors of
2822the District shall meet and hear testimony from affected
2823property owners as to the propriety and advisability of making
2824the systems, facilities, services, projects, works,
2825improvements, or infrastructure and funding them with
2826assessments referenced in the initial assessment resolution on
2827the property. Following the testimony and questions from the
2828members of the board or any professional advisors to the
2829District of the preparers of the engineer's cost report, the
2830assessment methodology, and the assessment roll, the Board of
2831Supervisors shall make a final decision on whether to levy and
2832assess the particular assessments. Thereafter, the Board of
2833Supervisors shall meet as an equalizing board to hear and to
2834consider any and all complaints as to the particular assessments
2835and shall adjust and equalize the assessments on the basis of
2836justice and right.
2837     4.  When so equalized and approved by resolution or
2838ordinance by the Board of Supervisors, to be called the final
2839assessment resolution, a final assessment roll shall be filed
2840with the clerk of the board and such assessment shall stand
2841confirmed and remain legal, valid, and binding first liens on
2842the property against which such assessments are made until paid,
2843equal in dignity to the first liens of ad valorem taxation of
2844county and municipal governments and school boards. However,
2845upon completion of the systems, facilities, service, project,
2846improvement, works, or infrastructure, the District shall credit
2847to each of the assessments the difference in the assessment as
2848originally made, approved, levied, assessed, and confirmed and
2849the proportionate part of the actual cost of the improvement to
2850be paid by the particular special assessments as finally
2851determined upon the completion of the improvement; but in no
2852event shall the final assessment exceed the amount of the
2853special and peculiar benefits as apportioned fairly and
2854reasonably to the property from the system, facility, or service
2855being provided as originally assessed. Promptly after such
2856confirmation, the assessment shall be recorded by the clerk of
2857the District in the minutes of the proceedings of the District,
2858and the record of the lien in this set of minutes shall
2859constitute prima facie evidence of its validity. The Board of
2860Supervisors, in its sole discretion, may, by resolution grant a
2861discount equal to all or a part of the payee's proportionate
2862share of the cost of the project consisting of bond financing
2863cost, such as capitalized interest, funded reserves, and bond
2864discounts included in the estimated cost of the project, upon
2865payment in full of any assessments during such period prior to
2866the time such financing costs are incurred as may be specified
2867by the Board of Supervisors in such resolution.
2868     5.  District assessments may be made payable in
2869installments over no more than 30 years from the date of the
2870payment of the first installment thereof and may bear interest
2871at fixed or variable rates.
2872     (b)  Notwithstanding any provision of this act or chapter
2873170, Florida Statutes, that portion of section 170.09, Florida
2874Statutes, that provides that assessments may be paid without
2875interest at any time within 30 days after the improvement is
2876completed and a resolution accepting the same has been adopted
2877by the governing authority shall not be applicable to any
2878District assessments, whether imposed, levied, and collected
2879pursuant to the provisions of this act or other provisions of
2880Florida law, including, but not limited to chapter 170, Florida
2881Statutes.
2882     (c)  In addition, the District is authorized expressly in
2883the exercise of its rulemaking power to adopt a rule or rules
2884which provides or provide for notice, levy, imposition,
2885equalization, and collection of assessments.
2886     (14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2887ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2888     (a)  The board may, after any special assessments or
2889benefit special assessments for assessable improvements are
2890made, determined, and confirmed as provided in this act, issue
2891certificates of indebtedness for the amount so assessed against
2892the abutting property or property otherwise benefited, as the
2893case may be, and separate certificates shall be issued against
2894each part or parcel of land or property assessed, which
2895certificates shall state the general nature of the improvement
2896for which the assessment is made. The certificates shall be
2897payable in annual installments in accordance with the
2898installments of the special assessment for which they are
2899issued. The board may determine the interest to be borne by such
2900certificates, not to exceed the maximum rate allowed by general
2901law, and may sell such certificates at either private or public
2902sale and determine the form, manner of execution, and other
2903details of such certificates. The certificates shall recite that
2904they are payable only from the special assessments levied and
2905collected from the part or parcel of land or property against
2906which they are issued. The proceeds of such certificates may be
2907pledged for the payment of principal of and interest on any
2908revenue bonds or general obligation bonds issued to finance in
2909whole or in part such assessable improvement, or, if not so
2910pledged, may be used to pay the cost or part of the cost of such
2911assessable improvements.
2912     (b)  The District may also issue assessment bonds, revenue
2913bonds, or other obligations payable from a special fund into
2914which such certificates of indebtedness referred to in the
2915preceding subsection may be deposited or, if such certificates
2916of indebtedness have not been issued, the District may assign to
2917such special fund for the benefit of the holders of such
2918assessment bonds or other obligations, or to a trustee for such
2919bondholders, the assessment liens provided for in this act
2920unless such certificates of indebtedness or assessment liens
2921have been theretofore pledged for any bonds or other obligations
2922authorized hereunder. In the event of the creation of such
2923special fund and the issuance of such assessment bonds or other
2924obligations, the proceeds of such certificates of indebtedness
2925or assessment liens deposited therein shall be used only for the
2926payment of the assessment bonds or other obligations issued as
2927provided in this section. The District is authorized to covenant
2928with the holders of such assessment bonds, revenue bonds, or
2929other obligations that it will diligently and faithfully enforce
2930and collect all the special assessments, and interest and
2931penalties thereon, for which such certificates of indebtedness
2932or assessment liens have been deposited in or assigned to such
2933fund; to foreclose such assessment liens so assigned to such
2934special fund or represented by the certificates of indebtedness
2935deposited in the special fund, after such assessment liens have
2936become delinquent, and deposit the proceeds derived from such
2937foreclosure, including interest and penalties, in such special
2938fund; and to make any other covenants deemed necessary or
2939advisable in order to properly secure the holders of such
2940assessment bonds or other obligations.
2941     (c)  The assessment bonds, revenue bonds, or other
2942obligations issued pursuant to this section shall have such
2943dates of issue and maturity as shall be deemed advisable by the
2944board; however, the maturities of such assessment bonds or other
2945obligations shall not be more than 2 years after the due date of
2946the last installment which will be payable on any of the special
2947assessments for which such assessment liens, or the certificates
2948of indebtedness representing such assessment liens, are assigned
2949to or deposited in such special fund.
2950     (d)  Such assessment bonds, revenue bonds, or other
2951obligations issued under this section shall bear such interest
2952as the board may determine, not to exceed the maximum rate
2953allowed by general law, and shall be executed, shall have such
2954provisions for redemption prior to maturity, shall be sold in
2955the manner, and shall be subject to all of the applicable
2956provisions contained in this act for revenue bonds, except as
2957the same may be inconsistent with the provisions of this
2958section.
2959     (e)  All assessment bonds, revenue bonds, or other
2960obligations issued under the provisions of this section shall
2961be, shall constitute, and shall have all the qualities and
2962incidents of negotiable instruments under the law merchant and
2963the laws of the state.
2964     (15)  TAX LIENS.--All taxes of the District provided for in
2965this act, except together with all penalties for default in the
2966payment of the same and all costs in collecting the same,
2967including a reasonable attorney's fee fixed by the court and
2968taxed as a cost in the action brought to enforce payment, shall,
2969from January 1 for each year the property is liable to
2970assessment and until paid, constitute a lien of equal dignity
2971with the liens for state and county taxes and other taxes of
2972equal dignity with state and county taxes upon all the lands
2973against which such taxes shall be levied. A sale of any of the
2974real property within the District for state and county or other
2975taxes shall not operate to relieve or release the property so
2976sold from the lien for subsequent District taxes or installments
2977of District taxes, which lien may be enforced against such
2978property as though no such sale thereof had been made. In
2979addition to, and not in limitation of, the preceding sentence,
2980for purposes of section 197.552, Florida Statutes, the lien of
2981all special assessments levied by the District shall constitute
2982a lien of record held by a municipal or county governmental
2983unit. The provisions of sections 194.171, 197.122, 197.333, and
2984197.432, Florida Statutes, shall be applicable to District taxes
2985with the same force and effect as if such provisions were
2986expressly set forth in this act.
2987     (16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2988DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2989     (a)  The District shall have the power and right to:
2990     1.  Pay any delinquent state, county, District, municipal,
2991or other tax or assessment upon lands located wholly or
2992partially within the boundaries of the District.
2993     2.  Redeem or purchase any tax sales certificates issued or
2994sold on account of any state, county, District, municipal, or
2995other taxes or assessments upon lands located wholly or
2996partially within the boundaries of the District.
2997     (b)  Delinquent taxes paid, or tax sales certificates
2998redeemed or purchased, by the District, together with all
2999penalties for the default in payment of the same and all costs
3000in collecting the same and a reasonable attorney's fee, shall
3001constitute a lien in favor of the District of equal dignity with
3002the liens of state and county taxes and other taxes of equal
3003dignity with state and county taxes upon all the real property
3004against which the taxes were levied. The lien of the District
3005may be foreclosed in the manner provided in this act.
3006     (c)  In any sale of land pursuant to section 197.542,
3007Florida Statutes, as may be amended from time to time, the
3008District may certify to the clerk of the circuit court of the
3009county holding such sale the amount of taxes due to the District
3010upon the lands sought to be sold, and the District shall share
3011in the disbursement of the sales proceeds in accordance with the
3012provisions of this act and under the laws of the state.
3013     (17)  FORECLOSURE OF LIENS.--Any lien in favor of the
3014District arising under this act may be foreclosed by the
3015District by foreclosure proceedings in the name of the District
3016in a court of competent jurisdiction as provided by general law
3017in like manner as is provided in chapter 173, Florida Statutes,
3018and amendments thereto and the provisions of that chapter shall
3019be applicable to such proceedings with the same force and effect
3020as if those provisions were expressly set forth in this act. Any
3021act required or authorized to be done by or on behalf of a
3022municipality in foreclosure proceedings under chapter 173,
3023Florida Statutes, may be performed by such officer or agent of
3024the District as the Board of Supervisors may designate. Such
3025foreclosure proceedings may be brought at any time after the
3026expiration of 1 year from the date any tax, or installment
3027thereof, becomes delinquent; however, no lien shall be
3028foreclosed against any political subdivision or agency of the
3029state. Other legal remedies shall remain available.
3030     (18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
3031FACILITIES, AND SERVICES.--To the full extent permitted by law,
3032the District shall require all lands, buildings, premises,
3033persons, firms, and corporations within the District to use the
3034water management and control facilities and water and sewer
3035facilities of the District.
3036     (19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
3037PROVISIONS REQUIRED.--
3038     (a)  No contract shall be let by the board for any goods,
3039supplies, or materials to be purchased when the amount thereof
3040to be paid by the District shall exceed the amount provided in
3041section 287.017, Florida Statutes, as amended from time to time,
3042for category four, unless notice of bids shall be advertised
3043once in a newspaper in general circulation in either Manatee
3044County or Sarasota County. Any board seeking to construct or
3045improve a public building, structure, or other public works
3046shall comply with the bidding procedures of section 255.20,
3047Florida Statutes, as amended from time to time, and other
3048applicable general law. In each case, the bid of the lowest
3049responsive and responsible bidder shall be accepted unless all
3050bids are rejected because the bids are too high or the board
3051determines it is in the best interests of the District to reject
3052all bids. The board may require the bidders to furnish bond with
3053a responsible surety to be approved by the board. Nothing in
3054this section shall prevent the board from undertaking and
3055performing the construction, operation, and maintenance of any
3056project or facility authorized by this act by the employment of
3057labor, material, and machinery.
3058     (b)  The provisions of the Consultants' Competitive
3059Negotiation Act, section 287.055, Florida Statutes, apply to
3060contracts for engineering, architecture, landscape architecture,
3061or registered surveying and mapping services let by the board.
3062     (c)  Contracts for maintenance services for any District
3063facility or project shall be subject to competitive bidding
3064requirements when the amount thereof to be paid by the District
3065exceeds the amount provided in section 287.017, Florida
3066Statutes, as amended from time to time, for category four. The
3067District shall adopt rules, policies, or procedures establishing
3068competitive bidding procedures for maintenance services.
3069Contracts for other services shall not be subject to competitive
3070bidding unless the District adopts a rule, policy, or procedure
3071applying competitive bidding procedures to said contracts.
3072Nothing herein shall preclude the use of requests for proposal
3073instead of invitations to bid as determined by the District to
3074be in its best interest.
3075     (20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
3076AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
3077     (a)  The District is authorized to prescribe, fix,
3078establish, and collect rates, fees, rentals, or other charges,
3079hereinafter sometimes referred to as "revenues," and to revise
3080the same from time to time, for the systems, facilities, and
3081services furnished by the District, within the limits of the
3082District, including, but not limited to, recreational
3083facilities, water management and control facilities, and water
3084and sewer systems; to recover the costs of making connection
3085with any District service, facility, or system; and to provide
3086for reasonable penalties against any user or property for any
3087such rates, fees, rentals, or other charges that are delinquent.
3088     (b)  No such rates, fees, rentals, or other charges for any
3089of the facilities or services of the District shall be fixed
3090until after a public hearing at which all the users of the
3091proposed facility or services or owners, tenants, or occupants
3092served or to be served thereby and all other interested persons
3093shall have an opportunity to be heard concerning the proposed
3094rates, fees, rentals, or other charges. Rates, fees, rentals,
3095and other charges shall be adopted under the administrative
3096rulemaking authority of the District, but shall not apply to
3097District leases. Notice of such public hearing setting forth the
3098proposed schedule or schedules of rates, fees, rentals, and
3099other charges shall have been published in newspapers of general
3100circulation in Manatee and Sarasota Counties at least once and
3101at least 10 days prior to such public hearing. The rulemaking
3102hearing may be adjourned from time to time. After such hearing,
3103such schedule or schedules, either as initially proposed or as
3104modified or amended, may be finally adopted. A copy of the
3105schedule or schedules of such rates, fees, rentals, or charges
3106as finally adopted shall be kept on file in an office designated
3107by the board and shall be open at all reasonable times to public
3108inspection. The rates, fees, rentals, or charges so fixed for
3109any class of users or property served shall be extended to cover
3110any additional users or properties thereafter served which shall
3111fall in the same class, without the necessity of any notice or
3112hearing.
3113     (c)  Such rates, fees, rentals, and charges shall be just
3114and equitable and uniform for users of the same class, and when
3115appropriate may be based or computed either upon the amount of
3116service furnished, upon the average number of persons residing
3117or working in or otherwise occupying the premises served, or
3118upon any other factor affecting the use of the facilities
3119furnished, or upon any combination of the foregoing factors, as
3120may be determined by the board on an equitable basis.
3121     (d)  The rates, fees, rentals, or other charges prescribed
3122shall be such as will produce revenues, together with any other
3123assessments, taxes, revenues, or funds available or pledged for
3124such purpose, at least sufficient to provide for the items
3125hereinafter listed, but not necessarily in the order stated:
3126     1.  To provide for all expenses of operation and
3127maintenance of such facility or service.
3128     2.  To pay when due all bonds and interest thereon for the
3129payment of which such revenues are, or shall have been, pledged
3130or encumbered, including reserves for such purpose.
3131     3.  To provide for any other funds which may be required
3132under the resolution or resolutions authorizing the issuance of
3133bonds pursuant to this act.
3134     (e)  The board shall have the power to enter into contracts
3135for the use of the projects of the District and with respect to
3136the services, systems, and facilities furnished or to be
3137furnished by the District.
3138     (21)  RECOVERY OF DELINQUENT CHARGES.--In the event that
3139any rates, fees, rentals, charges, or delinquent penalties shall
3140not be paid as and when due and shall be in default for 60 days
3141or more, the unpaid balance thereof and all interest accrued
3142thereon, together with reasonable attorney's fees and costs, may
3143be recovered by the District in a civil action.
3144     (22)  DISCONTINUANCE OF SERVICE.--In the event the fees,
3145rentals, or other charges for water and sewer services, or
3146either of them, are not paid when due, the board shall have the
3147power, under such reasonable rules and regulations as the board
3148may adopt, to discontinue and shut off both water and sewer
3149services until such fees, rentals, or other charges, including
3150interest, penalties, and charges for the shutting off and
3151discontinuance and the restoration of such water and sewer
3152services or both, are fully paid; and, for such purposes, the
3153board may enter on any lands, waters, or premises of any person,
3154firm, corporation, or body, public or private, within the
3155District limits. Such delinquent fees, rentals, or other
3156charges, together with interest, penalties, and charges for the
3157shutting off and discontinuance and the restoration of such
3158services and facilities and reasonable attorney's fees and other
3159expenses, may be recovered by the District, which may also
3160enforce payment of such delinquent fees, rentals, or other
3161charges by any other lawful method of enforcement.
3162     (23)  ENFORCEMENT AND PENALTIES.--The board or any
3163aggrieved person may have recourse to such remedies in law and
3164at equity as may be necessary to ensure compliance with the
3165provisions of this act, including injunctive relief to enjoin or
3166restrain any person violating the provisions of this act or any
3167bylaws, resolutions, regulations, rules, codes, or orders
3168adopted under this act. In case any building or structure is
3169erected, constructed, reconstructed, altered, repaired,
3170converted, or maintained, or any building, structure, land, or
3171water is used, in violation of this act or of any code, order,
3172resolution, or other regulation made under authority conferred
3173by this act or under law, the board or any citizen residing in
3174the District may institute any appropriate action or proceeding
3175to prevent such unlawful erection, construction, reconstruction,
3176alteration, repair, conversion, maintenance, or use; to
3177restrain, correct, or avoid such violation; to prevent the
3178occupancy of such building, structure, land, or water; and to
3179prevent any illegal act, conduct, business, or use in or about
3180such premises, land, or water.
3181     (24)  SUITS AGAINST THE DISTRICT.--Any suit or action
3182brought or maintained against the District for damages arising
3183out of tort, including, without limitation, any claim arising
3184upon account of an act causing an injury or loss of property,
3185personal injury, or death, shall be subject to the limitations
3186provided in section 768.28, Florida Statutes.
3187     (25)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
3188District property shall be exempt from levy and sale by virtue
3189of an execution, and no execution or other judicial process
3190shall issue against such property, nor shall any judgment
3191against the District be a charge or lien on its property or
3192revenues; however, nothing contained herein shall apply to or
3193limit the rights of bondholders to pursue any remedy for the
3194enforcement of any lien or pledge given by the District in
3195connection with any of the bonds or obligations of the District.
3196     (26)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
3197     (a)  The board may ask the Legislature through its local
3198legislative delegations in and for Manatee and Sarasota Counties
3199to amend this act to contract, to expand or to contract, and to
3200expand the boundaries of the District by amendment of this
3201section.
3202     (b)  The District shall remain in existence until:
3203     1.  The District is terminated and dissolved pursuant to
3204amendment to this act by the Florida Legislature.
3205     2.  The District has become inactive pursuant to section
3206189.4044, Florida Statutes.
3207     (27)  INCLUSION OF TERRITORY.--The inclusion of any or all
3208territory of the District within a municipality does not change,
3209alter, or affect the boundary, territory, existence, or
3210jurisdiction of the District.
3211     (28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
3212DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
3213District under this act, each contract for the initial sale of a
3214parcel of real property and each contract for the initial sale
3215of a residential unit within the District shall include,
3216immediately prior to the space reserved in the contract for the
3217signature of the purchaser, the following disclosure statement
3218in boldfaced and conspicuous type which is larger than the type
3219in the remaining text of the contract: "THE LAKEWOOD RANCH
3220STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,
3221OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
3222ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE
3223COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE
3224DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
3225DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY
3226AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
3227TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
3228     (29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
3229after the election of the first Board of Supervisors creating
3230this District, the District shall cause to be recorded in the
3231grantor-grantee index of the property records in each county in
3232which it is located a "Notice of Creation and Establishment of
3233the Lakewood Ranch Stewardship District." The notice shall, at a
3234minimum, include the legal description of the property covered
3235by this act.
3236     (30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,
3237facility, service, works, improvement, project, or other
3238infrastructure owned by the District, or funded by federal tax
3239exempt bonding issued by the District, is public; and the
3240District by rule may regulate, and may impose reasonable charges
3241or fees for, the use thereof but not to the extent that such
3242regulation or imposition of such charges or fees constitutes
3243denial of reasonable access.
3244     Section 7.  If any provision of this act is determined
3245unconstitutional or otherwise determined invalid by a court of
3246law, all the rest and remainder of the act shall remain in full
3247force and effect as the law of this state.
3248     Section 8.  This act shall take effect upon becoming a law,
3249except that the provisions of this act which authorize the levy
3250of ad valorem taxation shall take effect only upon express
3251approval by a majority vote of those qualified electors of the
3252Lakewood Ranch Stewardship District, as required by Section 9 of
3253Article VII of the State Constitution, voting in a referendum
3254election held at such time as all members of the board are
3255qualified electors who are elected by qualified electors of the
3256district as provided in this act.


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