HB 1429CS

CHAMBER ACTION



1The Local Government Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to Manatee and Sarasota Counties; creating
7within portions of such counties the "Lakewood Ranch
8Stewardship District Act"; providing a popular name;
9providing legislative findings and intent; providing
10definitions; stating legislative policy regarding creation
11of the district; establishing compliance with minimum
12requirements in s. 189.404(3), F.S., for creation of an
13independent special district; providing for creation and
14establishment of the district; establishing the legal
15boundaries of the district; providing for the jurisdiction
16and charter of the district; providing for a board of
17supervisors and establishing membership criteria and
18election procedures; providing for board members' terms of
19office; providing for board meetings; providing for
20administrative duties of the board; providing a method for
21transition of the board from landowner control to control
22by the resident electors of the district; providing for a
23district manager and district personnel; providing for a
24district treasurer, selection of a public depository, and
25district budgets and financial reports; providing for the
26general powers of the district; providing for the special
27powers of the district to plan, finance, and provide
28community infrastructure and services within the district;
29providing that the exercise of the special powers by the
30district within Manatee and Sarasota Counties is limited
31until such time as the district enters into an interlocal
32agreement with the respective county; providing for
33required notices to purchasers of residential units within
34the district; providing severability; providing for a
35referendum; providing an effective date.
36
37Be It Enacted by the Legislature of the State of Florida:
38
39     Section 1.  This act may be cited as the "Lakewood Ranch
40Stewardship District Act."
41     Section 2.  Legislative findings and intent; definitions;
42policy.--
43     (1)  LEGISLATIVE FINDINGS AND INTENT.--
44     (a)  The extensive lands located within both Manatee and
45Sarasota Counties and covered by this act contain many
46opportunities for thoughtful, comprehensive, environmentally
47responsible, and consistent development over a long period.
48     (b)  There is a particular special need to use a
49specialized and limited single-purpose independent special
50district unit of local government for the Lakewood Ranch lands
51located within Sarasota and Manatee Counties and covered by this
52act to prevent urban sprawl by providing sustaining and
53freestanding infrastructure and by preventing needless and
54counterproductive community development when the existing urban
55area is not yet developed, and to prevent the needless
56duplication, fragmentation, and proliferation of local
57government services in a proposed land use area.
58     (c)  Management of conservation, environmental,
59agricultural, and economic challenges and opportunities in the
60Lakewood Ranch area transcends the boundaries and
61responsibilities of both private landowners and individual units
62of government.
63     (d)  There is a considerably long period of time during
64which there is an inordinate burden on the initial landowners of
65these Lakewood Ranch lands, such that there is a need for
66flexible management, sequencing, timing, and financing of the
67various systems, facilities, and services to be provided to
68these lands, taking into consideration absorption rates,
69commercial viability, and related factors.
70     (e)  While chapter 190, Florida Statutes, provides an
71opportunity for community development services and facilities to
72be provided by the establishment of community development
73districts in a manner that furthers the public interest, current
74general law prohibits the establishment of a community
75development district transcending county boundaries. Given the
76vast nature of the lands covered by this act and the potentially
77long-term nature of its development, establishing multiple
78community development districts over these lands would result in
79an inefficient, duplicative, and needless proliferation of local
80special purpose government, contrary to the public interest and
81the Legislature's findings in chapter 190, Florida Statutes.
82Instead, it is in the public interest that the long-range
83provision for, and management, financing, and long-term
84maintenance, upkeep, and operation of, services and facilities
85to be provided for ultimate development of the lands covered by
86this act be under one coordinated entity.
87     (f)  Longer involvement of the initial landowner with
88regard to the provision of systems, facilities, and services for
89the Lakewood Ranch lands, coupled with a severely limited and
90highly specialized single purpose of the District is in the
91public interest.
92     (g)  Any public or private system to provide infrastructure
93improvements, systems, facilities, and services to these lands
94must be focused on an unfettered, highly specialized,
95innovative, responsive, and accountable mechanism to provide the
96components of infrastructure at sustained levels of high quality
97over the long term only when and as needed for such a unique
98community in such a unique area.
99     (h)  There is a need to coincide the use and special
100attributes of various public and private alternatives for the
101provision of infrastructure to such a community development,
102including the limited, flexible, focused, and locally
103accountable management and related financing capabilities of
104independent special purpose local government.
105     (i)  The existence and use of such a limited specialized
106single purpose local government for the Lakewood Ranch lands,
107subject to the respective county comprehensive plans, will:
108result in a high propensity to provide for orderly development
109and prevent urban sprawl; protect and preserve environmental,
110conservation, and agricultural uses and assets; enhance the
111market value for both present and future landowners of the
112property consistent with the need to protect private property;
113enhance the net economic benefit to the Sarasota and Manatee
114Counties area, including an enhanced and well-maintained tax
115base to the benefit of all present and future taxpayers in
116Sarasota and Manatee Counties; and result in the sharing of
117costs of providing certain systems, facilities, and services in
118an innovative, sequential, and flexible manner within the
119developing area to be serviced by the District.
120     (j)  The creation and establishment of the District will
121encourage local government financial self-sufficiency in
122providing public facilities and in identifying and implementing
123physically sound, innovative, and cost-effective techniques to
124provide and finance public facilities while encouraging
125development, use, and coordination of capital improvement plans
126by all levels of government, pursuant to chapter 187, Florida
127Statutes.
128     (k)  The creation and establishment of the District will
129encourage and enhance cooperation among communities that have
130unique assets, irrespective of political boundaries, to bring
131the private and public sectors together for establishing an
132orderly and environmentally and economically sound plan for
133current and future needs and growth.
134     (l)  The creation and establishment of the District is a
135legitimate alternative method available to manage, own, operate,
136construct, and finance capital infrastructure systems,
137facilities, and services.
138     (m)  In order to be responsive to the critical timing
139required through the exercise of its special management
140functions, an independent district requires financing of those
141functions, including bondable lienable and nonlienable revenue,
142with full and continuing public disclosure and accountability,
143funded by landowners, both present and future, and funded also
144by users of the systems, facilities, and services provided to
145the land area by the District, without unduly burdening the
146taxpayers and citizens of the state, Sarasota County, Manatee
147County, or any municipality therein.
148     (n)  The District created and established by this act shall
149not have or exercise any comprehensive planning, zoning, or
150development permitting power; the establishment of the District
151shall not be considered a development order within the meaning
152of chapter 380, Florida Statutes; and all applicable planning
153and permitting laws, rules, regulations, and policies of
154Sarasota and Manatee Counties control the development of the
155land to be serviced by the District.
156     (o)  The creation by this act of the Lakewood Ranch
157Stewardship District is not inconsistent with either the
158Sarasota County or the Manatee County comprehensive plan.
159     (p)  It is the legislative intent and purpose that no debt
160or obligation of the District constitute a burden on any local
161general-purpose government without its consent.
162     (2)  DEFINITIONS.--As used in this act:
163     (a)  "Ad valorem bonds" means bonds which are payable from
164the proceeds of ad valorem taxes levied on real and tangible
165personal property and which are generally referred to as general
166obligation bonds.
167     (b)  "Assessable improvements" means, without limitation,
168any and all public improvements and community facilities that
169the District is empowered to provide in accordance with this act
170that provide a special benefit to property within the District.
171     (c)  "Assessment bonds" means special obligations of the
172District which are payable solely from proceeds of the special
173assessments or benefit special assessments levied for assessable
174improvements, provided that, in lieu of issuing assessment bonds
175to fund the costs of assessable improvements, the District may
176issue revenue bonds for such purposes payable from special
177assessments.
178     (d)  "Assessments" means those nonmillage District
179assessments which include special assessments, benefit special
180assessments, and maintenance special assessments and a
181nonmillage, non-ad valorem maintenance tax if authorized by
182general law.
183     (e)  "Lakewood Ranch Stewardship District" means the unit
184of special and single purpose local government created and
185chartered by this act, including the creation of its charter,
186and limited to the performance, in implementing its single
187purpose, of those general and special powers authorized by its
188charter under this act, the boundaries of which are set forth by
189the act, the governing head of which is created and authorized
190to operate with legal existence by this act, and the purpose of
191which is as set forth in this act.
192     (f)  "Benefit special assessments" are District assessments
193imposed, levied, and collected pursuant to the provisions of
194section 6(12)(b).
195     (g)  "Board of Supervisors" or "board" means the governing
196board of the District or, if such board has been abolished, the
197board, body, or commission assuming the principal functions
198thereof or to whom the powers given to the board by this act
199have been given by law.
200     (h)  "Bond" includes "certificate," and the provisions that
201are applicable to bonds are equally applicable to certificates.
202The term "bond" includes any general obligation bond, assessment
203bond, refunding bond, revenue bond, and other such obligation in
204the nature of a bond as is provided for in this act.
205     (i)  "Cost" or "costs," when used with reference to any
206project, includes, but is not limited to:
207     1.  The expenses of determining the feasibility or
208practicability of acquisition, construction, or reconstruction.
209     2.  The cost of surveys, estimates, plans, and
210specifications.
211     3.  The cost of improvements.
212     4.  Engineering, fiscal, and legal expenses and charges.
213     5.  The cost of all labor, materials, machinery, and
214equipment.
215     6.  The cost of all lands, properties, rights, easements,
216and franchises acquired.
217     7.  Financing charges.
218     8.  The creation of initial reserve and debt service funds.
219     9.  Working capital.
220     10.  Interest charges incurred or estimated to be incurred
221on money borrowed prior to and during construction and
222acquisition and for such reasonable period of time after
223completion of construction or acquisition as the board may
224determine.
225     11.  The cost of issuance of bonds pursuant to this act,
226including advertisements and printing.
227     12.  The cost of any bond or tax referendum held pursuant
228to this act and all other expenses of issuance of bonds.
229     13.  The discount, if any, on the sale or exchange of
230bonds.
231     14.  Administrative expenses.
232     15.  Such other expenses as may be necessary or incidental
233to the acquisition, construction, or reconstruction of any
234project, or to the financing thereof, or to the development of
235any lands within the District.
236     16.  Payments, contributions, dedications, and any other
237exactions required as a condition of receiving any governmental
238approval or permit necessary to accomplish any District purpose.
239     (j)  "District" means the Lakewood Ranch Stewardship
240District.
241     (k)  "District manager" means the manager of the District.
242     (l)  "District roads" means highways, streets, roads,
243alleys, sidewalks, landscaping, storm drains, bridges, and
244thoroughfares of all kinds.
245     (m)  "General obligation bonds" means bonds which are
246secured by, or provide for their payment by, the pledge of the
247full faith and credit and taxing power of the District, in
248addition to those special taxes levied for their discharge and
249such other sources as may be provided for their payment or
250pledged as security under the resolution authorizing their
251issuance, and for payment of which recourse may be had against
252the general fund of the District.
253     (n)  "Governing board member" means any member of the Board
254of Supervisors.
255     (o)  "Land development regulations" means those regulations
256of general purpose local government, adopted under the Florida
257Local Government Comprehensive Planning and Land Development
258Regulation Act, codified as part II of chapter 163, Florida
259Statutes, to which the District is subject and as to which the
260District may not do anything that is inconsistent. Land
261development regulations shall not mean specific management,
262engineering, planning, and other criteria and standards needed
263in the daily management, implementation, and provision by the
264District of systems, facilities, services, works, improvements,
265projects, or infrastructure, including design criteria and
266standards, so long as they remain subject to and are not
267inconsistent with the applicable land development regulations.
268     (p)  "Landowner" means the owner of a freehold estate as it
269appears on the deed record, including a trustee, a private
270corporation, and an owner of a condominium unit. "Landowner"
271does not include a reversioner, remainderman, mortgagee, or any
272governmental entity, who shall not be counted and need not be
273notified of proceedings under this act. "Landowner" also means
274the owner of a ground lease from a governmental entity, which
275leasehold interest has a remaining term, excluding all renewal
276options, in excess of 50 years.
277     (q)  "General-purpose local government" means a county,
278municipality, or consolidated city-county government.
279     (r)  "Maintenance special assessments" are assessments
280imposed, levied, and collected pursuant to the provisions of
281section 6(12)(d).
282     (s)  "Non-ad valorem assessment" means only those
283assessments which are not based upon millage and which can
284become a lien against a homestead as permitted in s. 4, Art. X
285of the State Constitution.
286     (t)  "Powers" means powers used and exercised by the Board
287of Supervisors to accomplish the single, limited, and special
288purpose of the District, including:
289     1.  "General powers," which means those organizational and
290administrative powers of the District as provided in its charter
291in order to carry out its single special purpose as a local
292government public corporate body politic.
293     2.  "Special powers," which means those powers enumerated
294by the District charter to implement its specialized systems,
295facilities, services, projects, improvements, and infrastructure
296and related functions in order to carry out its single
297specialized purpose.
298     3.  Any other powers, authority, or functions set forth in
299this act.
300     (u)  "Project" means any development, improvement,
301property, power, utility, facility, enterprise, service, system,
302works, or infrastructure now existing or hereafter undertaken or
303established under the provisions of this act.
304     (v)  "Qualified elector" means any person at least 18 years
305of age who is a citizen of the United States and a legal
306resident of the state and of the District and who registers to
307vote with the Supervisor of Elections in either Manatee County
308or Sarasota County and resides in either Manatee County or
309Sarasota County.
310     (w)  "Refunding bonds" means bonds issued to refinance
311outstanding bonds of any type and the interest and redemption
312premium thereon. Refunding bonds shall be issuable and payable
313in the same manner as refinanced bonds, except that no approval
314by the electorate shall be required unless required by the State
315Constitution.
316     (x)  "Revenue bonds" means obligations of the District that
317are payable from revenues, including, but not limited to,
318special assessments and benefit special assessments, derived
319from sources other than ad valorem taxes on real or tangible
320personal property and that do not pledge the property, credit,
321or general tax revenue of the District.
322     (y)  "Sewer system" means any plant, system, facility, or
323property, and additions, extensions, and improvements thereto at
324any future time constructed or acquired as part thereof, useful
325or necessary or having the present capacity for future use in
326connection with the collection, treatment, purification, or
327disposal of sewage, including, but not limited to, industrial
328wastes resulting from any process of industry, manufacture,
329trade, or business or from the development of any natural
330resource. Sewer system also includes treatment plants, pumping
331stations, lift stations, valves, force mains, intercepting
332sewers, laterals, pressure lines, mains, and all necessary
333appurtenances and equipment; all sewer mains, laterals, and
334other devices for the reception and collection of sewage from
335premises connected therewith; and all real and personal property
336and any interest therein, and rights, easements, and franchises
337of any nature relating to any such system and necessary or
338convenient for operation thereof.
339     (z)  "Special assessments" shall mean assessments as
340imposed, levied, and collected by the District for the costs of
341assessable improvements pursuant to the provisions of this act,
342chapter 170, Florida Statutes, and the additional authority
343under section 197.3631, Florida Statutes, or other provisions of
344general law, now or hereinafter enacted, which provide or
345authorize a supplemental means to impose, levy, or collect
346special assessments.
347     (aa)  "Taxes" or "tax" means those levies and impositions
348of the Board of Supervisors that support and pay for government
349and the administration of law and that may be:
350     1.  Ad valorem or property taxes based upon both the
351appraised value of property and millage, at a rate uniform
352within the jurisdiction; or
353     2.  If and when authorized by general law, non-ad valorem
354maintenance taxes not based on millage that are used to maintain
355District systems, facilities, and services.
356     (bb)  "Water system" means any plant, system, facility, or
357property, and any addition, extension, or improvement thereto at
358any future time constructed or acquired as a part thereof,
359useful, necessary, or having the present capacity for future use
360in connection with the development of sources, treatment,
361purification, or distribution of water. "Water system" also
362includes dams, reservoirs, storage tanks, mains, lines, valves,
363pumping stations, laterals, and pipes for the purpose of
364carrying water to the premises connected with such system, and
365all rights, easements, and franchises of any nature relating to
366any such system and necessary or convenient for the operation
367thereof.
368     (3)  POLICY.--Based upon its findings, ascertainments,
369determinations, intent, purpose, and definitions, the
370Legislature states its policy expressly:
371     (a)  The District and the District charter, with its
372general and special powers, as created in this act, are
373essential and the best alternative for the residential,
374commercial, and other community uses, projects, or functions in
375the included portions of Sarasota and Manatee Counties
376consistent with the effective comprehensive plans and designed
377to serve a lawful public purpose.
378     (b)  The District, which is a local government and a
379political subdivision, is limited to its special purpose as
380expressed in this act, with the power to provide, plan,
381implement, construct, maintain, and finance as a local
382government management entity its systems, facilities, services,
383improvements, infrastructure, and projects and possessing
384financing powers to fund its management power over the long term
385and with sustained levels of high quality.
386     (c)  The creation of the Lakewood Ranch Stewardship
387District by and pursuant to this act, and its exercise of its
388management and related financing powers to implement its
389limited, single, and special purpose, is not a development order
390and does not trigger or invoke any provision within the meaning
391of chapter 380, Florida Statutes, and all applicable
392governmental planning, environmental, and land development laws,
393regulations, rules, policies, and ordinances apply to all
394development of the land within the jurisdiction of the District
395as created by this act.
396     (d)  The District shall operate and function subject to,
397and not inconsistent with, the applicable comprehensive plans of
398either Manatee County or Sarasota County and any applicable
399development orders, zoning regulations, and other land
400development regulations.
401     (e)  The special and single purpose Lakewood Ranch
402Stewardship District shall not have the power of a general-
403purpose local government to adopt a comprehensive plan or
404related land development regulation as those terms are defined
405in the Florida Local Government Comprehensive Planning and Land
406Development Regulation Act.
407     (f)  This act may be amended, in whole or in part, only by
408special act of the Legislature. No amendment to this act that
409alters the District boundaries or the general or special powers
410of the District may be considered by the Legislature unless it
411is accompanied by a resolution or official statement as provided
412for in section 189.404(2)(e)4., Florida Statutes. However, if an
413amendment alters the District boundaries in only one county, or
414affects the District's special powers in only one county, it
415shall be necessary to secure the resolution or statement from
416only the affected county.
417     Section 3.  Minimum charter requirements; creation and
418establishment; jurisdiction; construction; charter with legal
419description.--
420     (1)  Pursuant to section 189.404(3), Florida Statutes, the
421Legislature sets forth that the minimum requirements in
422paragraphs (a) through (o) have been met in the identified
423provisions of this act as follows:
424     (a)  The purpose of the District is stated in the act in
425subsection (4) and in section 2(3).
426     (b)  The powers, functions, and duties of the District
427regarding ad valorem taxation, bond issuance, other revenue-
428raising capabilities, budget preparation and approval, liens and
429foreclosure of liens, use of tax deeds and tax certificates as
430appropriate for non-ad valorem assessments, and contractual
431agreements are set forth in section 6.
432     (c)  The provisions for methods for establishing the
433District are in this section.
434     (d)  The methods for amending the charter of the District
435are set forth in section 2.
436     (e)  The provisions for the membership and organization of
437the governing board and the establishment of a quorum are in
438section 5.
439     (f)  The provisions regarding maximum compensation of each
440board member are in section 5.
441     (g)  The provisions regarding the administrative duties of
442the governing board are found in sections 5 and 6.
443     (h)  The provisions applicable to financial disclosure,
444noticing, and reporting requirements generally are set forth in
445sections 5 and 6.
446     (i)  The provisions regarding procedures and requirements
447for issuing bonds are set forth in section 6.
448     (j)  The provisions regarding elections or referenda and
449the qualifications of an elector of the District are in sections
4502 and 5.
451     (k)  The provisions regarding methods for financing the
452District are generally in section 6.
453     (l)  Other than taxes levied for the payment of bonds and
454taxes levied for periods not longer than 2 years when authorized
455by vote of the electors of the District, the provisions for the
456authority to levy ad valorem tax and the authorized millage rate
457are in section 6.
458     (m)  The provisions for the method or methods of collecting
459non-ad valorem assessments, fees, or service charges are in
460section 6.
461     (n)  The provisions for planning requirements are in this
462section and section 6.
463     (o)  The provisions for geographic boundary limitations of
464the District are set forth in sections 4 and 6.
465     (2)  The Lakewood Ranch Stewardship District, which also
466may be referred to as the "Stewardship District," "Lakewood
467Ranch District," or "District," is created and incorporated as a
468public body corporate and politic, an independent, limited,
469special purpose local government, an independent special
470district, under section 189.404, Florida Statutes, as amended
471from time to time, and as defined in this act and in section
472189.403(3), Florida Statutes, as amended from time to time, in
473and for portions of Manatee and Sarasota Counties. Any
474amendments to chapter 190, Florida Statutes, after January 1,
4752005, granting additional general powers, special powers,
476authorities, or projects to a community development district by
477amendment to its uniform charter, sections 190.006-190.041,
478Florida Statutes, shall constitute a general power, special
479power, authority, or function of the Lakewood Ranch Stewardship
480District; provided, however, that the exercise of any of such
481additional powers within Manatee County or Sarasota County shall
482be subject to the requirement that the district execute or amend
483an interlocal agreement with Manatee County or Sarasota County,
484respectively, consenting to the exercise of any of such
485additional powers as provided elsewhere in this act. All notices
486for the enactment by the Legislature of this special act have
487been provided pursuant to the State Constitution, the laws of
488Florida, and the Rules of the Florida House of Representatives
489and of the Florida Senate. No referendum subsequent to the
490effective date of this act is required as a condition of
491establishing the District. Therefore, the District, as created
492by this act, is established on the property described in this
493act.
494     (3)  The territorial boundary of the District shall embrace
495and include all of that certain real property described legally
496in section 4.
497     (4)  The jurisdiction of this District, in the exercise of
498its general and special powers, and in the carrying out of its
499special purposes, is both within the external boundaries of the
500legal description of this District and extraterritorially when
501limited to, and as authorized expressly elsewhere in, the
502charter of the District as created in this act or applicable
503general law. This special purpose District is created as a
504public body corporate and politic, and local government
505authority and power is limited by its charter, this act, and
506subject to the provisions of other general laws, including
507chapter 189, Florida Statutes, except that an inconsistent
508provision in this act shall control and the District has
509jurisdiction to perform such acts and exercise such authorities,
510functions, and powers as shall be necessary, convenient,
511incidental, proper, or reasonable for the implementation of its
512limited, single, and specialized purpose regarding the sound
513planning, provision, acquisition, development, operation,
514maintenance, and related financing of those public systems,
515facilities, services, improvements, projects, and infrastructure
516works as authorized herein, including those necessary and
517incidental thereto. The District shall exercise any of its
518powers extraterritorially within Manatee County only upon
519execution of an interlocal agreement between the District and
520Manatee County consenting to the District's exercise of any of
521such powers within Manatee County. The District shall exercise
522any of its powers extraterritorially within Sarasota County only
523upon execution of an interlocal agreement between the district
524and Sarasota County consenting to the District's exercise of any
525of such powers within Sarasota County.
526     (5)  The exclusive charter of the "Lakewood Ranch
527Stewardship District" is this act and, except as otherwise
528provided in subsection (2) of this section, may be amended only
529by special act of the Legislature.
530     Section 4.  Legal description of the Lakewood Ranch
531Stewardship District.--
532
533LEGAL DESCRIPTION.  The metes and bounds legal
534description of the District, within which there are no
535parcels of property owned by those who do not wish
536their property to be included within the District, is
537as follows:
538Section 29, Township 34 South, Range 19 East:
539That portion of Section 29, lying south of the right-
540of-way of State Road 64 and east of the record plat of
541Lakewood Ranch Commerce Park, Block C, recorded in
542Plat Book 38, Page 160 through 163 of the Public
543Records of Manatee County, Florida;
544Section 31, Township 34 South, Range 19 East:
545That portion of the southeast quarter of Section 31,
546lying east of Lakewood Ranch Boulevard, a 120-foot
547wide Public Right-of-Way, as recorded in Official
548Record Book 1429, Page 3703 Public Records of Manatee
549County, Florida; also that portion of the southeast
550quarter of said Section 31, lying west of said
551Lakewood Ranch Boulevard, south of Lakewood Ranch
552Commerce Park, Block B, recorded in Plat Book 36,
553Pages 71 through 77 of said Public Records and east of
554the east line of the "Manatee County Landfill" as
555described in Special Warranty Deed to Manatee County,
556recorded in Official Record Book 1166, Page 3590,
557Public Records of Manatee County, Florida;
558Section 32, Township 34 South, Range 19 East:
559That portion of the west half of Section 32, lying
560east of Lakewood Ranch Boulevard, a 120-foot wide
561Public Right-of-Way, as recorded in Official Record
562Book 1429, Page 3703 of said Public Records, less and
563except the record plat of Lakewood Ranch Commerce
564Park, Block C, recorded in Plat Book 38, Page 160
565through 163 of said Public Records, also less and
566except premises described in Special Warranty Deed to
567Lakewood Flex Properties Phase II, Inc, recorded in
568Official Record Book 1934, Page 5505 Public Records of
569Manatee County, Florida;
570Also:
571The west half of the southeast quarter of said Section
57232;
573Also:
574The southeast quarter of the southeast quarter of said
575Section 32, less and except premises described in
576Special warranty Deed to Ashton Associates of
577Sarasota, L.L.C., recorded in Official Record Book
5781888, Page 7567 Public Records of Manatee County,
579Florida;
580Also:
581The northwest quarter of the northeast quarter lying
582south of State Road 64, less and except the east 100-
583feet described in Warranty Deed to John D. Taylor and
584Beverly J. Taylor, recorded in Official Record Book
5851331, Page 0041 Public Records of Manatee County,
586Florida;
587Also:
588That portion of the southwest quarter of the northeast
589quarter being more particularly described as follows:
590Begin at the northwest corner of the southwest quarter
591of the northeast quarter of said Section 32; thence
592east, 466.8 feet along north side of said 40 acre
593tract; thence south, 466.8 feet; thence west, 466.8
594feet to west line of 40 acre tract; thence north,
595466.8 feet to the POINT OF BEGINNING;
596Also:
597That part of the southwest quarter of the northeast
598quarter of Section 32, Township 34 South, Range 19
599East, described as follows:  Commence at a concrete
600monument found marking the southwest corner of the
601southwest quarter of the northeast quarter of Section
60232, Township 34 South, Range 19 East, as occupied by
603John D. Taylor & being the southwest corner of that
604certain parcel of land as described in Official Record
605Book 656 Page 103 of the Public Records of Manatee
606County, Florida, for a POINT OF BEGINNING; thence
607S.89°35'55"E., along the south line of said southeast
608quarter of northeast quarter, 290.77 feet; thence N.
60900° 42' 08"E., parallel with the west line of said
610southwest quarter of northeast quarter, 299.62 feet;
611thence N. 89°35'55"W. along the northerly line of said
612land described in Official Record Book  656 Page 103,
613a distance of 290.77 feet to the intersection with the
614west line of said southwest quarter of the northeast
615quarter; thence S.00°42'"08W., along the west line of
616said southwest quarter of the northeast quarter, a
617distance of 299.62 feet to the POINT OF BEGINNING,
618being & lying in the southwest quarter of the
619northeast quarter of Section 32, township 34 South,
620Range 19 East, Manatee County, Florida;
621Section 33, Township 34 South, Range 19 East:
622The east half, the northeast quarter of the northwest
623quarter, the northwest quarter of the northwest
624quarter, the southeast quarter of the northwest
625quarter, and the southwest quarter of the southwest
626quarter of Section 33, Township 34 South, Range 19
627East,
628Less:
629Road right-of-way for State Road 64 and less that part
630of the above described property, lying north and east
631of said State Road 64 as described in Official Record
632Book 1095, Page 256;
633Less:
634Road right-of-way for Pope Road;
635Less:
636Premises described in Special Warranty Deed to Roy F.
637Green, recorded in Official Record Book 1752, Page
6384576;
639Less:
640Premises described in Special Warranty Deed to Triko
641Enterprises, Inc, recorded in Official Record Book
6421407, Page 3313 and Official Record Book 1752, Page
6432251;
644Less:
645Premises described in Special Warranty Deed to Peoples
646Gas System, recorded in Official Record Book 1576,
647Page 4158;
648Section 35, Township 34 South, Range 19 East:
649The south half of the northeast quarter, and the east
650half of the southeast quarter of Section 35, Township
65134 South, Range 19 East;
652Less:
653Road right-of-way for State Road 64
654Section 36, Township 34 South, Range 19 East:
655The west half of the northeast quarter, the southeast
656quarter of the northeast quarter, the east half of the
657northwest quarter, and the south half of Section 36,
658Township 34 South, Range 19 East;
659Less:
660Road right-of-way for State Road 64
661Section 1, Township 35 South, Range 19 East:
662All of Section 1, Township 35 South, Range 19 East;
663Less:
664Road right-of-way for State Road 64
665Section 2, Township 35 South, Range 19 East:
666All of Section 2, Township 35 South, Range 19 East;
667Less:
668The northwest quarter of the northeast quarter, the
669north half of the northwest quarter, and road right-
670of-way for State Road 64;
671Section 3, Township 35 South, Range 19 East:
672The south half of the north half, the southeast
673quarter of the southwest quarter, and the southeast
674quarter of Section 3, Township 35 South, Range 19
675East;
676Less:
677Road right-of-way for Lorraine Road
678Section 4, Township 35 South, Range 19 East:
679The northwest quarter of the northeast quarter, the
680south-half of the northeast quarter, the east half of
681the northeast quarter of the northwest quarter, the
682southeast quarter of the northwest quarter, the south-
683half of the southwest quarter of the northwest
684quarter, the north-half of the south-half, the
685southeast quarter of the southwest quarter, and the
686south half of the southeast quarter of Section 4,
687Township 35 South, Range 19 East;
688Less:
689Premises described in Special Warranty Deed to
690Ellenton Fruit Company, recorded in Official Record
691Book 1472, Page 4620
692Less:
693Road right-of-way for Pope Road, recorded in Road Plat
694Book 8, Pages 138 through 152
695Section 5, Township 35 South, Range 19 East:
696All of Section 5, Township 35 South, Range 19 East;
697Less:
698Right-of-way for Lakewood Ranch Boulevard, as recorded
699in Official Record Book 1429, Page 3703 Public Records
700of Manatee County, Florida;
701Less:
702A portion of premises described in Warranty Deed to
703the County of Manatee, recorded in Official Record
704Book 1540, Page 7900 of said Public Records
705Less:
706Road right-of-way for Pope Road, recorded in Road Plat
707Book 8, Pages 138 through 152
708Section 6, Township 35 South, Range 19 East:
709That portion of Section 6, Township 35 South, Range 19
710East, lying easterly of east line of the "Manatee
711County Landfill", as described in Special Warranty
712Deed to Manatee County, recorded in Official Record
713Book 1166, Page 3590, Public Records of Manatee
714County, Florida;
715Less:
716Right-of-way for Lakewood Ranch Boulevard, as recorded
717in Official Record Book 1429, Page 3703 Public Records
718of Manatee County, Florida;
719Less:
720A portion of premises described in Warranty Deed to
721the County of Manatee, recorded in Official Record
722Book 1540, Page 7900 of said Public Records
723Section 7, Township 35 South, Range 19 East:
724That portion of Section 7, Township 35 South, Range 19
725East, lying easterly of the easterly right-of-way line
726of Lakewood Ranch Boulevard, as recorded in Official
727Record Book 1429, Page 3703 Public Records of Manatee
728County, Florida;
729Also:
730That portion of Section 7, Township 35 South, Range 19
731East, lying southerly of the "Manatee County
732Landfill", as described in Special Warranty Deed to
733Manatee County, recorded in Official Record Book 1166,
734Page 3590, of said Public Records and northerly of the
735southerly line of the proposed 44th Avenue, said 44th
736Avenue being more particularly described as follows:
737LEGAL DESCRIPTION OF PROPOSED 44 AVENUE RIGHT-OF-WAY
738(as prepared by the certifying Surveyor and Mapper):
739A tract lying in Sections 7 and 8, Township 35 South,
740Range 19 East, Manatee County, Florida and described
741as follows:
742Commence at the southwest corner of the North ? of
743Section 17, Township 35 South, Range 19 East, also
744being the Southeast corner of the North ? of Section
74518, Township 35 South, Range 19 East; thence
746S.89°34'40"E., along the South line of the North ? of
747said Section 17, a distance of 187.55 feet to the
748intersection with the Westerly Right-of-way of
749Lakewood Ranch Boulevard (formerly Upper Manatee River
750Road Extension), a 120-foot wide public right-of-way
751as recorded in Official Record Book 1429, Page 3703 of
752the Public Records of Manatee County, Florida, said
753point being on the arc of a curve to the right, whose
754radius point lies N.63°58'46"E., a radial distance of
7552310.00 feet; thence run northwesterly, along said
756westerly right-of-way for the following five calls;
757thence along the arc of said curve, through a central
758angle of 23°42'37", a distance of 955.93 feet to the
759point of tangency of said curve; thence N.02°18'37"W.,
760N.02°18'37"W., a distance of 1736.20 feet to the
761intersection with the common section line to Sections
7627 and 18, Township 35 South, Range 19 East, said point
763lying N.88°45'31"W., 141.64 feet from the section
764corner common to said Sections 7 and 18; thence
765continue N.02°18'37"W., a distance of 339.27 feet to
766the point of curvature of a curve to the right, having
767a radius of 4060.00 feet and a central angle of
76806°59'18"; thence run Northerly along the arc of said
769curve, a distance of 495.20 feet to the point of
770tangency of said curve; thence N.04°40'41"E., a
771distance of 2,624.25 feet to the point of curvature of
772a curve to the left having a radius of 1,940.00 feet
773and a central angle of 26°40'32"; thence northerly
774along the arc of said curve, an arc length of 903.21
775feet to the POINT OF BEGINNING; thence S.68°00'09"W.,
776S.68°00'09"W., a distance of 15.00 feet to a point
777on a curve to the left, of which the radius point lies
778S.68°00'09'W., a radial distance of 50.00 feet; thence
779northwesterly along the arc of said curve, through a
780central angle of 83°34'33", an arc length of 72.93
781feet to the point of tangency of said curve; thence
782S.74°25'37"W., a distance of 54.55 feet to the point
783of curvature of a curve to the right having a radius
784of 2,952.50 feet and a central angle of 12°46'49";
785thence westerly along the arc of said curve, an arc
786length of 658.58 feet to the end of said curve; thence
787N.02°47'34"W., along a line radial to the last
788described curve, a distance of 12.50 feet to the point
789of curvature of a non-tangent curve to the right, of
790which the radius point lies N.02°47'34"W., a radial
791distance of 2,940.00 feet; thence westerly along the
792arc of said curve, through a central angle of
79324°02'05", an arc length of 1,233.29 feet to the point
794of reverse curvature of a curve to the left having a
795radius of 2,790.00 feet and a central angle of
79631°26'50"; thence westerly along the arc of said
797curve, a distance of 1,531.31 feet to the point of
798reverse curvature of a curve to the right having a
799radius of 2,940.00 feet and a central angle of
80015°52'03"; thence westerly along the arc of said
801curve, a distance of 814.20 feet to the northerly line
802of a 50-foot wide gas line easement as recorded in
803Official Record Book 27, Page 220 and Official Record
804Book 396, Page 91 said public records; thence
805N.59°42'53"E., along said northerly line, a distance
806of 270.14 feet to the point of curvature of a non-
807tangent curve to the left, of which the radius point
808lies N.01°10'01"E., a radial distance of 2,790.00
809feet; thence easterly along the arc of said curve,
810through a central angle of 11°22'19", an arc length of
811553.75 feet to the point of reverse curvature of a
812curve to the right having a radius of 2,940.00 feet
813and a central angle of 31°26'50"; thence easterly
814along the arc of said curve, a distance of 1,613.64
815feet to the point of reverse curvature of a curve to
816the left having a radius of 2,790.00 feet and a
817central angle of 24°02'05"; thence easterly along the
818arc of said curve, a distance of 1,170.37 feet to the
819end of said curve; thence N.02°47'34"W., a distance of
82012.50 feet to the point of curvature of a non-tangent
821curve to the left, of which the radius point lies
822N.02°47'34"W., a radial distance of 2,777.50 feet;
823thence easterly along the arc of said curve, through a
824central angle of 12°46'49", an arc length of 619.55
825feet to the point of tangency of said curve; thence
826N.74°25'37"E., a distance of 12.28 feet to the point
827of curvature of a curve to the left having a radius of
82850.00 feet and a central angle of 55°27'02"; thence
829northeasterly along the arc of said curve, an arc
830length of 48.39 feet to a point on the south line of
831Manatee County Pond Site Number 5, as recorded in
832Official Record Book 1528, Page 7481 said public
833records; thence S.87°35'31"E., along a line non-
834tangent to the last described curve, being the south
835line of said Pond Site Number 5, a distance of 30.72
836feet to the westerly right-of-way line of the
837aforementioned Lakewood Ranch Boulevard and the point
838of curvature of a non-tangent curve to the left, of
839which the radius point lies N.66°15'14"E., a radial
840distance of 1,560.00 feet; the following 2 calls are
841along said westerly right-of-way line; thence
842southeasterly along the arc of said curve, through a
843central angle of 02°50'31", an arc length of 77.38
844feet to the point of reverse curvature of a curve to
845the right having a radius of 1,940.00 feet and a
846central angle of 04°35'26"; thence southeasterly along
847the arc of said curve, a distance of 155.44 feet to
848the POINT OF BEGINNING.
849Said tract contains 650,151 square feet or 14.9254
850acres, more or less.
851Also:
852A tract of land lying in Sections 7 and 8, Township 35
853South, Range 19 East, Manatee County, Florida and
854described as follows:
855Commence at the Southeast corner of Section 7,
856Township 35 South, Range 19 East; thence
857S.89°34'35"E., a distance of 4,650.84 feet; thence
858N.00°25'25"E., a distance of 1,889.17 feet; thence
859S82°55'49"W, 912.79 feet to a point of curvature;
860Thence 1,287.78 feet along the arc of said curve to
861the left through a central angle of 34°25'49", said
862curve having a radius of 2,143.00 feet and being
863subtended by a chord which bears S65°42'55"W, 1,268.49
864feet to a point of reverse curvature; Thence 1,575.57
865feet along the arc of a curve to the right through a
866central angle of 44°37'25", said curve having a radius
867of 2,023.00 feet and being subtended by a chord which
868bears S70°48'42"W, 1,536.04 feet to the point of
869tangency of said curve; Thence N86°52'35"W, 1,131.57
870feet to a point of curvature; Thence 79.90 feet along
871the arc of said curve to the right through a central
872angle of 91°33'16", said curve having a radius of
87350.00 feet and being subtended by a chord which bears
874N41°05'57"W, 71.66 feet to the point of tangency of
875said curve; said point being a point on the east line
876of Lakewood Ranch Boulevard as recorded in Official
877Record Book 1443, Page 4980 of the Public Records of
878Manatee County, Florida; thence along said east line
879of Lakewood Ranch Boulevard, N04°40'41"E, 1649.57
880feet; Thence N85°19'19"W, 120.00 feet to an
881intersection with the west line of said Lakewood Ranch
882Boulevard and the POINT OF BEGINNING; Thence
883S86°50'17"W, 227.27 feet; Thence S40°02'37"W, 121.13
884feet; Thence S28°36'43"W, 108.34 feet; Thence
885S43°57'34"W, 79.62 feet; Thence S56°46'06"W, 71.21
886feet; Thence N22°59'39"W, 32.80 feet; Thence
887S59°56'00"W, 91.50 feet; Thence S54°50'36"W, 42.43
888feet; Thence S21°03'16"W, 42.67 feet; Thence
889S64°33'59"W, 57.70 feet; Thence S78°35'00"W, 52.83
890feet; Thence S26°29'07"W, 28.22 feet; Thence
891S72°42'09"W, 41.01 feet; Thence N88°04'14"W, 58.26
892feet; Thence N63°20'21"W, 61.49 feet; Thence
893N77°09'41"W, 34.90 feet; Thence N87°11'33"W, 50.79
894feet; Thence N88°21'13"W, 70.97 feet; Thence
895N59°06'15"W, 54.56 feet; Thence S87°08'17"W, 75.46
896feet; Thence N27°44'24"E, 782.09 feet; Thence
897N08°14'34"E, 859.88 feet; Thence N04°53'06"W, 605.45
898feet to a point on the arc of a curve; Thence 552.19
899feet along the arc of said curve to the left through a
900central angle of 10°42'56", said curve having a radius
901of 2,952.50 feet and being subtended by a chord which
902bears N79°47'05"E, 551.38 feet to the point of
903tangency of said curve; Thence N74°25'37"E, 69.64 feet
904to a point of curvature; Thence 72.98 feet along the
905arc of said curve to the right through a central angle
906of 83°37'55", said curve having a radius of 50.00 feet
907and being subtended by a chord which bears
908S63°45'26"E, 66.67 feet to a point of compound
909curvature; Thence 901.48 feet along the arc of said
910curve to the right through a central angle of
91126°37'27", said curve having a radius of 1,940.00 feet
912and being subtended by a chord which bears
913S08°38'03"E, 893.39 feet; Thence S04°40'41"W, 970.22
914feet to the POINT OF BEGINNING.
915Containing 39.281 acres, more or less.
916Less:
917Right-of-way for Lakewood Ranch Boulevard, as recorded
918in Official Record Book 1429, Page 3703 Public Records
919of Manatee County, Florida;
920Less:
921A portion of premises described in Warranty Deed to
922the County of Manatee, recorded in Official Record
923Book 1528, Page 7481 and Corrective Warranty Deed
924recorded in Official Record Book 1540, Page 7918
925Public Records of Manatee County, Florida;
926Section 8, Township 35 South, Range 19 East:
927All of Section 8, Township 35 South, Range 19 East;
928Less:
929Right-of-way for Lakewood Ranch Boulevard, as recorded
930in Official Record Book 1429, Page 3703 Public Records
931of Manatee County, Florida;
932Less:
933A portion of premises described in Warranty Deed to
934the County of Manatee, recorded in Official Record
935Book 1528, Page 7481 and Corrective Warranty Deed
936recorded in Official Record Book 1540, Page 7918
937Public Records of Manatee County, Florida;
938Section 9, Township 35 South, Range 19 East:
939All of Section 9, Township 35 South, Range 19 East;
940Section 10, Township 35 South, Range 19 East:
941The north half and the southeast quarter of Section
94210, Township 35 South, Range 19 East;
943Less:
944Road right-of-way for Lorraine Road;
945Section 11, Township 35 South, Range 19 East:
946All of Section 11, Township 35 South, Range 19 East;
947Section 12, Township 35 South, Range 19 East:
948All of Section 12, Township 35 South, Range 19 East;
949Section 13, Township 35 South, Range 19 East:
950All of Section 13, Township 35 South, Range 19 East;
951Section 14, Township 35 South, Range 19 East:
952All of Section 14, Township 35 South, Range 19 East;
953Section 15, Township 35 South, Range 19 East:
954The east-half, the Southwest quarter of the northwest
955quarter, the southeast quarter of the southwest
956quarter, and the northeast quarter of the southwest
957quarter of Section 15, Township 35 South, Range 19
958East;
959Less:
960Road right-of-way for Lorraine Road and State Road 70;
961Less:
962The northeast quarter of the southwest quarter of the
963northwest quarter of Section 15, Township 35 South,
964Range 19 East;
965Less:
966The east 66 feet of the northwest quarter of the
967southwest quarter of the northwest quarter of Section
96815, Township 35 South, Range 19 East , described in
969Warranty Deed to Clive and Judith Morris, recorded in
970Official Record Book 1574, Page 2146;
971Less:
972Premises described in Special Warranty Deed to Peace
973River Electric Cooperative, Inc. described in Official
974Record Book 1542, Page 5178;
975Less:
976Premises described in Special Warranty Deed to Peace
977River Electric Cooperative, Inc. described in Official
978Record Book 1747, Page 6675;
979Less:
980That part included in the plat of Crawley Substation
981Roadway, recorded in Plat Book 43, Pages 84 and 85
982Public Records of Manatee County, Florida;
983Less:
984Fire House Site
985COMMENCE at a concrete monument found marking the
986occupied northwest corner of the southwest ? of
987Section 15, Township 35 South, Ranch 19 East; thence
988S89°31'12"E, along the occupied north line of said
989southwest ?, a distance of 1343.23 ft. to the
990intersection with the west line of the northeast ? of
991said southwest ?; thence S00°04'29"E, along said west
992line, a distance of 1281.86 ft., thence S87°56'19"E, a
993S87°56'19"E, a distance of 1049.55 ft. for a POINT
994OF BEGINNING, said point lying on the northerly right-
995of-way of 59th Avenue East, a 100 ft. wide public
996right-of-way as shown on "Crawley Substation Roadway",
997a roadway plat as recorded in Plat Book 43, Pages 84
998and 85, Public Records of Manatee County, Florida;
999thence continue S87°56'19"E, along said northerly
1000right-of-way, a distance of 398.37 ft. to the
1001intersection with the westerly line of that certain
1002parcel of land as described and recorded in Official
1003Records Book 1542, Page 5178, said Public Records;
1004thence N00°25'16"W, along said westerly line, a
1005distance of 547.23 ft.; thence N87°56'19"W, 398.37
1006ft.; thence S00°25'16"E, a distance of 547.23 ft. to
1007the POINT OF BEGINNING, being and lying in Section 15,
1008Township 35 South, Range 19 East, Manatee County,
1009Florida.
1010Containing 5.00 acres, more or less.
1011Section 16, Township 35 South, Range 19 East:
1012All of Section 16, Township 35 South, Range 19 East;
1013Less:
1014Road right-of-way for State Road 70;
1015Less:
1016Road right-of-way for Pope Road
1017Less:
1018Premises described in Warranty Deed to the State of
1019Florida Department of Transportation, recorded in
1020Official Record Book 1915, Page 5768 Public Records of
1021Manatee County, Florida;
1022Less:
1023Premises described in Warranty Deed to Covered Bridge
1024Holdings III, LLC, recorded in Official Record Book
10251970, Page 707 Public Records of Manatee County,
1026Florida;
1027Less:
1028Premises described in Warranty Deed to the Diocese of
1029Venice, recorded in Official Record Book 1451, Page
1030964, less premises conveyed to SMR 70, North 70, LLC,
1031in Special Warranty Deed, recorded in Official Record
1032Book 1928, Page 3315;
1033Less:
1034Premises described in Special Warranty Deed to the
1035Diocese of Venice, recorded in Official Record Book
10361928, Page 3321 Public Records of Manatee County,
1037Florida;
1038Section 17, Township 35 South, Range 19 East:
1039All of Section 17, Township 35 South, Range 19 East,
1040lying east of the right-of-way of Lakewood Ranch
1041Boulevard, as recorded in Official Record Book 1429,
1042Page 3703 Public Records of Manatee County, Florida;
1043Less:
1044Road right-of-way for State Road 70;
1045Less:
1046Premises described in Warranty Deed to the State of
1047Florida Department of Transportation, recorded in
1048Official Record Book 1915, Page 5768 Public Records of
1049Manatee County, Florida;
1050Less:
1051A portion of premises described in Warranty Deed to
1052the County of Manatee, recorded in Official Record
1053Book 1528, Page 7481 and Corrective Warranty Deed
1054recorded in Official Record Book 1540, Page 7918
1055Public Records of Manatee County, Florida;
1056Section 18, Township 35 South, Range 19 East:
1057All of Section 18, Township 35 South, Range 19 East,
1058lying east of the right-of-way of Lakewood Ranch
1059Boulevard, as recorded in Official Record Book 1429,
1060Page 3703 Public Records of Manatee County, Florida;
1061Section 22, Township 35 South, Range 19 East:
1062That portion of Section 22, Township 35 South, Range
106319 East, lying northerly of the northerly right-of-way
1064line of State Road 70;
1065Also:
1066That portion of Sections 22, 23 and 27, lying within
1067the following described property:
1068DESCRIPTION (Proposed Braden River Mitigation Bank)
1069A tract of land lying in Sections 22, 23 and 27,
1070Township 35 South, Range 19 East, Manatee County,
1071Florida and described as follows:
1072Commence at the northwest corner of Section 21,
1073Township 35 South, Range 19 East; thence S.89°24'47"E.
1074S.89°24'47"E. along the north line of said Section
107521, a distance of 5379.98 feet to the northwest corner
1076of said Section 22; thence S.00°30'23" W. along the
1077west line of said Section 22, a distance of 134.20
1078feet to a point on the southerly Right-of-way line of
1079State Road 70; the following 4 calls are along said
1080southerly right-of-way line; thence S.89°19'57"E., a
1081distance of 521.35 feet; thence S.89°21'15"E., a
1082distance of 3,754.54 feet to the point of curvature of
1083a curve to the right having a radius of 1,777.86 feet
1084and a central angle of 34°24'33"; thence easterly
1085along the arc of said curve, an arc length of 1,067.70
1086feet to the point of tangency of said curve; thence
1087S.54°56'41"E., a distance of 821.49 feet to the POINT
1088OF BEGINNING; thence continue S.54°56'41"E. along the
1089above mentioned southerly right-of-way line, a
1090distance of 4,427.83 feet; thence S.15°00'00"W., a
1091distance of 701.34 feet; thence N.71°00'00"W., a
1092distance of 2,270.00 feet; thence S.45°00'00"W., a
1093distance of 65.00 feet; thence S.00°00'00"W., a
1094distance of 395.00 feet; thence S.86°30'00"W., a
1095distance of 1,250.00 feet; thence S.00°00'00"W., a
1096distance of 338.36 feet; thence S.43°00'00"E., a
1097distance of 155.00 feet; thence S.00°00'00"W., a
1098distance of 150.00 feet; thence S.59°56'21"W., a
1099distance of 110.00 feet; thence N.63°00'00"W., a
1100distance of 306.73 feet; thence N.10°00'00"W., a
1101distance of 299.62 feet; thence S.89°37'37"W., a
1102distance of 301.32 feet; thence S.72°00'46"W., a
1103distance of 368.15 feet; thence S.48°06'41"W., a
1104distance of 169.68 feet; thence N.08°37'00"E., a
1105distance of 159.00 feet; thence N.57°02'56"E., a
1106distance of 594.02 feet; thence N.07°52'51"W., a
1107distance of 27.87 feet; thence N.61°22'29"W., a
1108distance of 167.29 feet; thence N.83°56'09"W., a
1109distance of 103.18 feet; thence S.85°40'21"W., a
1110distance of 75.29 feet; thence S.44°35'18"W., a
1111distance of 66.94 feet; thence S.82°54'53"W., a
1112distance of 86.64 feet; thence S.48°07'08"W., a
1113distance of 74.53 feet; thence S.26°33'46"W., a
1114distance of 49.90 feet; thence S.39°24'11"W., a
1115distance of 50.01 feet to a point on the northerly
1116line of a Conservation Easement as recorded in the
1117Official Records Book 1524, Page 5098 of the Public
1118Records of Manatee County, Florida; the following 15
1119calls are along the northerly and westerly lines of
1120said Conservation Easement; thence S.63°06'49"W., a
1121distance of 38.30 feet; thence S.30°38'41"W., a
1122distance of 53.69 feet; thence S.68°49'15"W., a
1123distance of 91.30 feet; thence S.51°14'32"W., a
1124distance of 68.98 feet; thence S.76°31'40"W., a
1125distance of 62.88 feet; thence S.45°09'35"W., a
1126distance of 35.02 feet; thence S.36°11'14"E., a
1127distance of 48.92 feet; thence S.18°26'10"E., a
1128distance of 45.74 feet; thence S.09°12'08"W., a
1129distance of 19.73 feet; thence S.32°09'14"E., a
1130distance of 76.50 feet; thence S.07°27'24"E., a
1131distance of 35.67 feet; thence S.29°09'12"E., a
1132distance of 41.08 feet; thence S.11°37'55"E., a
1133distance of 49.89 feet; thence S.51°55'08"E., a
1134distance of 29.11 feet; thence S.67°03'11"E., a
1135distance of 66.38 feet; thence N.66°35'24"E., a
1136distance of 31.03 feet; thence S.45°47'43"E., a
1137distance of 148.54 feet; thence S.18°48'41"W., a
1138distance of 163.72 feet; thence S.82°50'11"W., a
1139distance of 81.44 feet; thence N.69°18'50"W., a
1140distance of 147.54 feet; thence N.16°28'56"W., a
1141distance of 96.10 feet; thence N.07°30'43"W., a
1142distance of 141.37 feet; thence S.65°00'00"W., a
1143distance of 1,078.77 feet; thence S.83°00'00"W., a
1144distance of 630.49 feet; thence S.62°15'00"W., a
1145distance of 585.88 feet; thence S.55°30'00"W., a
1146distance of 859.04 feet; thence S.35°00'00"W., a
1147distance of 453.13 feet; thence S.69°00'00"W., a
1148distance of 637.50 feet; thence N.65°15'00"W., a
1149distance of 464.25 feet; thence N.35°51'00"W., a
1150distance of 385.00 feet; thence N.83°00'00"W., a
1151distance of 137.04 feet to the point of curvature of a
1152non-tangent curve to the left, of which the radius
1153point lies S.85°59'50"W., a radial distance of
11546,090.00 feet; thence northerly along the arc of said
1155curve, through a central angle of 00°49'46", an arc
1156length of 88.17 feet to the point of tangency of said
1157curve; thence N.00°51'26"E., a distance of 490.58
1158feet; thence N.00°30'20"E., a distance of 355.33 feet
1159to the point of curvature of a curve to the right
1160having a radius of 2,880.00 feet and a central angle
1161of 07°28'45"; thence northerly along the arc of said
1162curve, an arc length of 375.94 feet to the end of said
1163curve; thence S.67°11'02"E. non-radial to the last
1164described curve, a distance of 629.23 feet; thence
1165S.81°49'22"E., a distance of 263.52 feet; thence
1166N.80°03'53"E., a distance of 275.24 feet; thence
1167N.69°59'29"E., a distance of 317.24 feet; thence
1168N.57°35'22"E., a distance of 178.26 feet; thence
1169N.81°03'05"E., a distance of 234.09 feet; thence
1170N.63°21'55"E., a distance of 439.23 feet; thence
1171N.44°11'27"E., a distance of 241.21 feet; thence
1172N.63°21'56"E., a distance of 148.94 feet; thence
1173N.74°49'49"E., a distance of 163.40 feet; thence
1174N.75°39'49"E., a distance of 461.38 feet; thence
1175N.52°24'58"E., a distance of 284.05 feet; thence
1176N.37°35'20"E., a distance of 294.52 feet; thence
1177N.33°58'26"E., a distance of 687.37 feet; thence
1178N.46°31'18"E., a distance of 195.52 feet; thence
1179N.76°15'16"E., a distance of 235.33 feet; thence
1180N.53°47'33"E., a distance of 231.66 feet; thence
1181N.15°20'53"E., a distance of 147.34 feet; thence
1182N.32°20'46"E., a distance of 368.15 feet; thence
1183S.83°51'29"E., a distance of 332.08 feet; thence
1184S.56°57'53"E., a distance of 139.47 feet; thence
1185N.35°53'49"E., a distance of 417.52 feet; thence
1186N.50°25'21"W., a distance of 348.47 feet; thence
1187N.00°06'50"E., a distance of 135.65 feet; thence
1188N.24°22'30"E., a distance of 201.08 feet; thence
1189N.61°14'22"E., a distance of 113.08 feet; thence
1190S.62°11'08"E., a distance of 197.43 feet to the point
1191of curvature of a curve to the right having a radius
1192of 100.00 feet and a central angle of 88°54'40";
1193thence southerly along the arc of said curve, an arc
1194length of 155.18 feet to the point of tangency of said
1195curve; thence S.26°43'33"W., a distance of 224.96
1196feet; thence S.50°07'45"E., a distance of 125.37 feet;
1197thence N.49°56'25"E., a distance of 228.41 feet;
1198thence N.08°47'40"E., a distance of 153.43 feet;
1199thence N.38°13'49"W., a distance of 139.09 feet;
1200thence N.11°59'28"E., a distance of 271.56 feet;
1201thence N.37°00'30"E., a distance of 306.68 feet to the
1202POINT OF BEGINNING.
1203Said tract contains 15,214,335 square feet or 349.2731
1204acres, more or less.
1205Also:
1206That portion of Sections 22 and 23, lying within the
1207following described property:
1208A tract of land lying in Section 22, Township 35
1209South, Range 19 East, Manatee County, Florida and
1210being more particularly described as follows:
1211Commence at the southeast corner of Section 22,
1212Township 35 South, Range 19 East; thence N.89°29'42"W.
1213N.89°29'42"W. along the south line of said Section
121422, 587.90 feet; thence N.00°30'18"E., perpendicular
1215with said south line, a distance of 802.96 feet to the
1216POINT OF BEGINNING;  thence N.66°35'24"E., a distance
1217of 31.03 feet; thence S.45°47'43"E., a distance of
121868.87 feet; thence N.22°15'45"E., a distance of 66.77
1219feet; thence N.21°25'53"E., a distance of 88.19 feet;
1220thence N.08°37'00"E., a distance of 159.00 feet;
1221thence N.57°02'56"E., a distance of 594.02 feet;
1222thence N.07°52'51"W., a distance of 27.87 feet; thence
1223N.61°22'29"W., a distance of 167.29 feet; thence
1224N.83°56'09"W., a distance of 103.18 feet; thence
1225S.85°40'21"W., a distance of 75.29 feet; thence
1226S.44°35'18"W., a distance of 66.94 feet; thence
1227S.82°54'53"W., a distance of 86.64 feet; thence
1228S.48°07'08"W., a distance of 74.53 feet; thence
1229S.26°33'46"W., a distance of 49.90 feet; thence
1230S.39°24'11"W., a distance of 50.01 feet to a point on
1231the northerly line of a Conservation Easement as
1232recorded in the Official Records Book 1524, Page 5098
1233of the Public Records of Manatee County, Florida; the
1234following 15 calls are along the northerly and
1235westerly lines of said Conservation Easement; thence
1236S.63°06'49"W., a distance of 38.30 feet; thence
1237S.30°38'41"W., a distance of 53.69 feet; thence
1238S.68°49'15"W., a distance of 91.30 feet; thence
1239S.51°14'32"W., a distance of 68.98 feet; thence
1240S.76°31'40"W., a distance of 62.88 feet; thence
1241S.45°09'35"W., a distance of 35.02 feet; thence
1242S.36°11'14"E., a distance of 48.92 feet; thence
1243S.18°26'10"E., a distance of 45.74 feet; thence
1244S.09°12'08"W., a distance of 19.73 feet; thence
1245S.32°09'14"E., a distance of 76.50 feet; thence
1246S.07°27'24"E., a distance of 35.67 feet; thence
1247S.29°09'12"E., a distance of 41.08 feet; thence
1248S.11°37'55"E., a distance of 49.89 feet; thence
1249S.51°55'08"E., a distance of 29.11 feet; thence
1250S.67°03'11"E., a distance of 66.38 feet to the POINT
1251OF BEGINNING.
1252Said tract contains 249,186 square feet or 5.7205
1253acres, more or less.
1254Section 23, Township 35 South, Range 19 East:
1255That portion of Section 23, Township 35 South, Range
125619 East, lying north of State Road 70;
1257Also:
1258That portion of Section 23, Township 35 South, Range
125919 East, lying southerly of the right-of-way line for
1260State Road 70, easterly of premises described in
1261Special Warranty Deed to Sarasota Development, L.L.C.,
1262recorded in Official Record Book 1892, Page 750 of
1263said Public Records and easterly of the (Proposed
1264Braden River Mitigation Bank), described above;
1265Section 24, Township 35 South, Range 19 East:
1266All of Section 24, Township 35 South, Range 19 East;
1267Less:
1268Right-of-way for State Road 70;
1269Section 25, Township 35 South, Range 19 East:
1270All of Section 25, Township 35 South, Range 19 East;
1271Less:
1272Right-of-way for State Road 70;
1273Section 26, Township 35 South, Range 19 East:
1274All of Section 26, Township 35 South, Range 19 East;
1275Less:
1276Premises described in Special Warranty Deed to
1277Sarasota Development, L.L.C., recorded in Official
1278Record Book 1892, Page 750 Public Records of Manatee
1279County, Florida;
1280Less:
1281Premises described in Memorandum of Purchase Option
1282Agreement, recorded in Official Record Book 1892, Page
1283776 Public Records of Manatee County, Florida;
1284Section 27, Township 35 South, Range 19 East:
1285All of Section 27, lying southerly of the Phase 2
1286Parcel, described in Memorandum of Purchase Option
1287Agreement, recorded in Official Record Book 1892, Page
1288776 of said Public Records and Phase 1 Parcel and
1289Entry Road Parcel, described in Special Warranty Deed
1290to Sarasota Development, L.L.C., recorded in Official
1291Record Book 1892, Page 750 Public Records of Manatee
1292County, Florida;
1293Less:
1294Right-of-way for Lorraine Road;
1295Section 34, Township 35 South, Range 19 East:
1296All of Section 34, Township 35 South, Range 19 East,
1297lying easterly of the east right-of-way line of
1298Lorraine Road;
1299Less:
1300Premises described in Special Warranty Deed to The
1301School Board of Manatee County, recorded in Official
1302Record Book 1959, Page 2350 Public Records of Manatee
1303County, Florida; (School Site J)
1304Less:
1305Premises described in Special Warranty Deed to the
1306Diocese of Venice, recorded in Official Record Book
13071532, Page 5848, Less and except premises described in
1308Special Warranty Deed to Schoreder-Manatee Ranch,
1309Inc., recorded in Official Record Book 1928, Page 3242
1310of said Public Records:
1311Less:
1312Premises described in Special Warranty Deed to the
1313Diocese of Venice, recorded in Official Record Book
13141928, Page 3248 Public Records of Manatee County,
1315Florida;
1316Less:
1317Premises described in Corrective Warranty Deed to
1318Harvest United Methodist Church, Inc., recorded in
1319Official Record Book 1747, Page 777 of said Public
1320Records:
1321Section 35, Township 35 South, Range 19 East:
1322All of Section 35, Township 35 South, Range 19 East;
1323Section 36, Township 35 South, Range 19 East:
1324All of Section 36, Township 35 South, Range 19 East;
1325Section 1, Township 36 South, Range 19 East:
1326All of Section 1, Township 36 South, Range 19 East;
1327Section 2, Township 36 South, Range 19 East:
1328All of Section 2, Township 36 South, Range 19 East;
1329Section 3, Township 36 South, Range 19 East:
1330All of Section 3, Township 36 South, Range 19 East;
1331Less:
1332Premises described in Special Warranty Deed  to Polo
1333Ranches of Sarasota, Inc., recorded in Official Record
1334Book 2602, Page 702 of the Public Records of Sarasota
1335County, Florida;
1336Less:
1337Premises described in Special Warranty Deed to Polo
1338Ranches of Sarasota, Inc., recorded in Official
1339Instrument Number 2000076164 of the Public Records of
1340Sarasota County, Florida;
1341Section 4, Township 36 South, Range 19 East:
1342All of Section 4, Township 36 South, Range 19 East;
1343Less:
1344Premises described in Special Warranty Deed to Polo
1345Ranches of Sarasota, Inc., recorded in Official Record
1346Book 2602, Page 702 of the Public Records of Sarasota
1347County, Florida;
1348Less:
1349A portion of Premises described in Warranty Deed to
1350Out-of-Door Academy of Sarasota, Inc., recorded in
1351Official Record Book 2858, Page 189 of the Public
1352Records of Sarasota County, Florida
1353Section 5, Township 36 South, Range 19 East:
1354That portion of Section 5, Township 36 South, Range 19
1355East, lying east of premises described in Warranty
1356Deed to Out-of-Door Academy of Sarasota, Inc.,
1357recorded in Official Record Book 2858, Page 189 of the
1358Public Records of Sarasota County, Florida;
1359Also:
1360That portion of Section 5, Township 36 South, Range 19
1361East, lying southerly of the following described
1362properties:
1363Premises described in Warranty Deed to Out-of-Door
1364Academy of Sarasota, Inc., recorded in Official Record
1365Book 2858, Page 189 of the Public Records of Sarasota
1366County, Florida
1367Lakewood Ranch Corporate Park, Unit 3C, recorded in
1368Plat Book 43, Page 34, Public Records of Sarasota
1369County, Florida;
1370Lakewood Ranch Corporate Park, Unit 3B, recorded in
1371Plat Book 42, Page 30, Public Records of Sarasota
1372County, Florida;
1373Lakewood Ranch Corporate Park, Unit 3A, recorded in
1374Plat Book 41, Page 19, Public Records of Sarasota
1375County, Florida;
1376Lakewood Ranch Corporate Park, Unit 1, recorded in
1377Plat Book 38, Page 26, Public Records of Sarasota
1378County, Florida;
1379Lakewood Ranch Corporate Park, Unit 4, Phase 1,
1380recorded in Plat Book 43, Page 22, Public Records of
1381Sarasota County, Florida;
1382Section 6, Township 36 South, Range 19 East:
1383That portion of Section 6, Township 36 South, Range 19
1384East, lying east of the right-of-way of Interstate 75
1385and south of the following described properties:
1386Lakewood Ranch Corporate Park, Unit 4, Phase 1,
1387recorded in Plat Book 43, Page 22, Public Records of
1388Sarasota County, Florida;
1389Lakewood Ranch Corporate Park, Unit 4, recorded in
1390Plat Book 40, Page 37, Public Records of Sarasota
1391County, Florida;
1392Lakewood Ranch Corporate Park, Unit 6, Phase 2,
1393recorded in Plat Book 42, Page 23, Public Records of
1394Sarasota County, Florida;
1395Less:
1396Premises described in Corporate Warranty Deed to
1397Sarasota County, recorded in Official Record
1398Instrument Number 2002146329, Public Records of
1399Sarasota County, Florida;
1400Section 7, Township 36 South, Range 19 East:
1401That portion of Section 7, Township 36 South, Range 19
1402East, lying east of the right-of-way of Interstate 75;
1403Less:
1404Premises described in Warranty Deed to Sarasota
1405County, recorded in Official Instrument Number
14062004118447, Public Records of Sarasota County,
1407Florida;
1408Less:
1409Premises described in Corporate Warranty Deed to
1410Sarasota County, recorded in Official Record Book
14112880, Page 1528, Public Records of Sarasota County,
1412Florida;
1413Section 8, Township 36 South, Range 19 East:
1414All of Section 8, Township 36 South, Range 19 East;
1415Less:
1416Premises described in Special Warranty Deed to Florida
1417Power & Light Company, recorded in Official Record
1418Book 2848, Page 77, Public Records of Sarasota County,
1419Florida;
1420Section 9, Township 36 South, Range 19 East:
1421All of Section 9, Township 36 South, Range 19 East;
1422Section 10, Township 36 South, Range 19 East:
1423All of Section 10, Township 36 South, Range 19 East;
1424Section 11, Township 36 South, Range 19 East:
1425All of Section 11, Township 36 South, Range 19 East;
1426Section 12, Township 36 South, Range 19 East:
1427All of Section 12, Township 36 South, Range 19 East;
1428Section 5, Township 36 South, Range 20 East:
1429The south half of Section 5, Township 36 South, Range
143020 East;
1431Section 6, Township 36 South, Range 20 East:
1432All of Section 6, Township 36 South, Range 20 East;
1433Section 7, Township 36 South, Range 20 East:
1434All of Section 7, Township 36 South, Range 20 East;
1435Section 8, Township 36 South, Range 20 East:
1436All of Section 8, Township 36 South, Range 20 East;
1437Less:
1438A strip of land 50-feet wide, described as beginning
1439at the southwest corner of Section 8, Township 36
1440South, Range 20 East, thence South 87°10'13" East,
1441511.24 feet for POINT OF BEGINNING; thence North
144242°59'05" West to a point lying 50 feet north of the
1443south line of Section 8; thence easterly along a line
1444parallel to and 50 feet north of, the south line of
1445Section 8 to a point lying 529.3 feet west of the east
1446line of said Section 8; thence southwesterly 70.7 feet
1447to point on south line of Section 8, lying 600 feet
1448westerly of the southeast corner of Section 8; thence
1449westerly along the south section line of said Section
14508 to the POINT OF BEGINNING, lying and being in
1451Section 8, Township 36 South, Range 20 East, Sarasota
1452County, Florida.
1453     CONTAINING A TOTAL AREA OF 23,055 ACRES, PLUS OR MINUS.
1454
1455     Section 5.  Board of Supervisors; members and meetings;
1456organization; powers; duties; terms of office; related election
1457requirements.--
1458     (1)  The board of the District shall exercise the powers
1459granted to the District pursuant to this act. The board shall
1460consist of five members, each of whom shall hold office for a
1461term of 4 years, as provided in this section, except as
1462otherwise provided herein for initial board members, and until a
1463successor is chosen and qualified. The members of the board must
1464be residents of the state and citizens of the United States.
1465     (2)(a)  Within 90 days following the effective date of the
1466law establishing the District, there shall be held a meeting of
1467the landowners of the District for the purpose of electing five
1468supervisors for the District. Notice of the landowners' meeting
1469shall be published once a week for 2 consecutive weeks in a
1470newspaper which is in general circulation in the area of the
1471District, the last day of such publication to be not fewer than
147214 days or more than 28 days before the date of the election.
1473The landowners, when assembled at such meeting, shall organize
1474by electing a chair, who shall conduct the meeting. The chair
1475may be any person present at the meeting. If the chair is a
1476landowner or proxy holder of a landowner, he or she may nominate
1477candidates and make and second motions. The landowners present
1478at the meeting, in person or by proxy, shall constitute a
1479quorum. At any landowners' meeting, 50 percent of the District
1480acreage shall not be required to constitute a quorum, and each
1481governing board member elected by landowners shall be elected by
1482a majority of the acreage represented either by owner or proxy
1483present and voting at said meeting.
1484     (b)  At such meeting, each landowner shall be entitled to
1485cast one vote per acre of land owned by him or her and located
1486within the District for each person to be elected. A landowner
1487may vote in person or by proxy in writing. Each proxy must be
1488signed by one of the legal owners of the property for which the
1489vote is cast and must contain the typed or printed name of the
1490individual who signed the proxy; the street address, legal
1491description of the property, or tax parcel identification
1492number; and the number of authorized votes. If the proxy
1493authorizes more than one vote, each property must be listed and
1494the number of acres of each property must be included. The
1495signature on a proxy need not be notarized. A fraction of an
1496acre shall be treated as 1 acre, entitling the landowner to one
1497vote with respect thereto. The two candidates receiving the
1498highest number of votes shall be elected for a term expiring
1499November 18, 2008, and the three candidates receiving the next
1500largest number of votes shall be elected for a term expiring
1501November 7, 2006, with the term of office for each successful
1502candidate commencing upon election. The members of the first
1503board elected by landowners shall serve their respective terms;
1504however, the next election of board members shall be held on the
1505first Tuesday after the first Monday in November 2006.
1506Thereafter, there shall be an election by landowners for the
1507District every 2 years on the first Tuesday after the first
1508Monday in November, which shall be noticed pursuant to paragraph
1509(a). The second and subsequent landowners' election shall be
1510announced at a public meeting of the board at least 90 days
1511prior to the date of the landowners' meeting and shall also be
1512noticed pursuant to paragraph (a). Instructions on how all
1513landowners may participate in the election, along with sample
1514proxies, shall be provided during the board meeting that
1515announces the landowners' meeting. Each supervisor elected in or
1516after November 2006 shall serve a 4-year term.
1517     (3)(a)1.  The board may not exercise the ad valorem taxing
1518power authorized by this act until such time as all members of
1519the board are qualified electors who are elected by qualified
1520electors of the District.
1521     2.a.  Regardless of whether the District has proposed to
1522levy ad valorem taxes, board members shall begin being elected
1523by qualified electors of the District as the District becomes
1524populated with qualified electors. The transition shall occur
1525such that the composition of the Board, after the first general
1526election following a trigger of the qualified elector population
1527thresholds set forth below, shall be as follows:
1528     (I)  Once 10,000 qualified electors reside within the
1529District, one governing board member shall be a person who was
1530elected by the qualified electors, and four governing board
1531members shall persons who were elected by the landowners.
1532     (II)  Once 20,000 qualified electors reside within the
1533District, two governing board members shall be persons who were
1534elected by the qualified electors, and three governing board
1535members shall be persons elected by the landowners.
1536     (III)  Once 30,000 qualified electors reside within the
1537District, three governing board members shall be persons who
1538were elected by the qualified electors and two governing board
1539members shall be persons who were elected by the landowners.
1540     (IV)  Once 40,000 qualified electors reside within the
1541District, four governing board members shall be persons who were
1542elected by the qualified electors and one governing board member
1543shall be a person who was elected by the landowners.
1544     (V)  Once 45,000 qualified electors reside within the
1545District, all five governing board members shall be persons who
1546were elected by the qualified electors.
1547
1548Nothing in this sub-subparagraph is intended to require an
1549election prior to the expiration of an existing board member's
1550term.
1551     b.  On or before June 1 of each year, the board shall
1552determine the number of qualified electors in the District as of
1553the immediately preceding April 15. The board shall use and rely
1554upon the official records maintained by the supervisor of
1555elections and property appraiser or tax collector in each county
1556in making this determination. Such determination shall be made
1557at a properly noticed meeting of the board and shall become a
1558part of the official minutes of the District.
1559     c.  All governing board members elected by qualified
1560electors shall be elected at large at an election occurring as
1561provided in subsection (2) and this subsection.
1562     d.  The board member seat first available for election by
1563qualified electors because the District has 10,000 qualified
1564electors shall be designated seat number one. The board member
1565seat first available for election by qualified electors because
1566the District has 20,000 qualified electors shall be designated
1567seat number two. The board member seat first available for
1568election by qualified electors because the District has 30,000
1569qualified electors shall be designated seat number three. The
1570board member seat first available for election by qualified
1571electors because the District has 40,000 qualified electors
1572shall be designated seat number four. The board member seat
1573first available for election by qualified electors because the
1574District has 45,000 qualified electors shall be designated seat
1575number five.
1576     e.  The board member elected to fill seat one when that
1577seat is first filled by election by qualified electors of the
1578District shall be a qualified elector of Manatee County.
1579However, if, at the time that seat is available for election,
1580the District does not have both an executed interlocal agreement
1581with Manatee County and at least 500 qualified electors residing
1582within the District in Manatee County, the seat shall be filled
1583by a qualified elector of Sarasota County.
1584     f.  The board member elected to fill seat two when that
1585seat is first filled by election by qualified electors of the
1586District shall be a qualified elector of Sarasota County.
1587However, if, at the time that seat is available for election,
1588seat one has already been designated as the seat to be filled by
1589a qualified elector of Sarasota County pursuant to paragraph e.,
1590seat two shall be filled by a qualified elector of Manatee
1591County. Provided further that, if at the time seat two is
1592available for election the District does not have both an
1593executed interlocal agreement with Sarasota County and at least
1594500 qualified electors residing in Sarasota County, the seat
1595shall be filled by a qualified elector of Manatee County. In
1596such event, the next seat available for election after the
1597District has both an interlocal agreement with Sarasota County
1598and at least 500 qualified electors in Sarasota County shall be
1599filled by a qualified elector of Sarasota County.
1600     g.  Once one seat is designated as a seat to be filled by a
1601qualified elector from a specific county, that seat shall
1602thereafter be filled by a qualified elector who resides within
1603that county.
1604     h.  Once a District qualifies to have any of its board
1605members elected by the qualified electors of the District, the
1606initial and all subsequent elections by the qualified electors
1607of the District shall be held at the general election in
1608November. The board shall adopt a resolution if necessary to
1609implement this requirement. The transition process described
1610herein is intended to be in lieu of the process set forth in
1611section 189.4051, Florida Statutes.
1612     (b)  Elections of board members by qualified electors held
1613pursuant to this subsection shall be nonpartisan and shall be
1614conducted in the manner prescribed by law for holding general
1615elections. Board members shall assume the office on the second
1616Tuesday following their election.
1617     (c)  Candidates seeking election to office by qualified
1618electors under this subsection shall conduct their campaigns in
1619accordance with the provisions of chapter 106, Florida Statutes,
1620and shall file qualifying papers and qualify for individual
1621seats in accordance with section 99.061, Florida Statutes.
1622Candidates shall pay a qualifying fee, which shall consist of a
1623filing fee and an election assessment or, as an alternative,
1624shall file a petition signed by not less than 1 percent of the
1625registered voters of the District, and take the oath required in
1626section 99.021, Florida Statutes, with the supervisor of
1627elections in the county affected by such candidacy. The amount
1628of the filing fee is 3 percent of $4,800; however, if the
1629electors have provided for compensation, the amount of the
1630filing fee is 3 percent of the maximum annual compensation so
1631provided. The amount of the election assessment is 1 percent of
1632$4,800; however, if the electors have provided for compensation,
1633the amount of the election assessment is 1 percent of the
1634maximum annual compensation so provided. The filing fee and
1635election assessment shall be distributed as provided in section
1636105.031(3), Florida Statutes.
1637     (d)  The supervisors of elections shall appoint the
1638inspectors and clerks of elections, prepare and furnish the
1639ballots, designate polling places, and canvass the returns of
1640the election of board members by qualified electors. The county
1641canvassing boards shall declare and certify the results of the
1642election.
1643     (4)  Members of the board, regardless of how elected, shall
1644be public officers, shall be known as supervisors, and, upon
1645entering into office, shall take and subscribe to the oath of
1646office as prescribed by section 876.05, Florida Statutes.
1647Members of the board shall be subject to ethics and conflict of
1648interest laws of the state that apply to all local public
1649officers. They shall hold office for the terms for which they
1650were elected or appointed and until their successors are chosen
1651and qualified. If, during the term of office, a vacancy occurs,
1652the remaining members of the board shall fill each vacancy by an
1653appointment for the remainder of the unexpired term.
1654     (5)  Any elected member of the Board of Supervisors may be
1655removed by the Governor for malfeasance, misfeasance,
1656dishonesty, incompetency, or failure to perform the duties
1657imposed upon him or her by this act, and any vacancies that may
1658occur in such office for such reasons shall be filled by the
1659Governor as soon as practicable.
1660     (6)  A majority of the members of the board constitutes a
1661quorum for the purposes of conducting its business and
1662exercising its powers and for all other purposes. Action taken
1663by the District shall be upon a vote of a majority of the
1664members present unless general law or a rule of the District
1665requires a greater number.
1666     (7)  As soon as practicable after each election or
1667appointment, the board shall organize by electing one of its
1668members as chair and by electing a secretary, who need not be a
1669member of the board, and such other officers as the board may
1670deem necessary.
1671     (8)  The board shall keep a permanent record book entitled
1672"Record of Proceedings of Lakewood Ranch Stewardship District,"
1673in which shall be recorded minutes of all meetings, resolutions,
1674proceedings, certificates, bonds given by all employees, and any
1675and all corporate acts. The record book and all other District
1676records shall at reasonable times be opened to inspection in the
1677same manner as state, county, and municipal records pursuant to
1678chapter 119, Florida Statutes. The record book shall be kept at
1679the office or other regular place of business maintained by the
1680board in a designated location in either Manatee County or
1681Sarasota County.
1682     (9)  Each supervisor shall be entitled to receive for his
1683or her services an amount not to exceed $200 per meeting of the
1684Board of Supervisors, not to exceed $4,800 per year per
1685supervisor, or an amount established by the electors at
1686referendum. In addition, each supervisor shall receive travel
1687and per diem expenses as set forth in section 112.061, Florida
1688Statutes.
1689     (10)  All meetings of the board shall be open to the public
1690and governed by the provisions of chapter 286, Florida Statutes.
1691     Section 6.  Board of Supervisors; general duties.--
1692     (1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall
1693employ and fix the compensation of a district manager, who shall
1694have charge and supervision of the works of the District and
1695shall be responsible for preserving and maintaining any
1696improvement or facility constructed or erected pursuant to the
1697provisions of this act, for maintaining and operating the
1698equipment owned by the District, and for performing such other
1699duties as may be prescribed by the board. It shall not be a
1700conflict of interest under chapter 112, Florida Statutes, for a
1701board member, the district manager, or another employee of the
1702District to be a stockholder, officer, or employee of a
1703landowner. The district manager may hire or otherwise employ and
1704terminate the employment of such other persons, including,
1705without limitation, professional, supervisory, and clerical
1706employees, as may be necessary and authorized by the board. The
1707compensation and other conditions of employment of the officers
1708and employees of the District shall be as provided by the board.
1709     (2)  TREASURER.--The board shall designate a person who is
1710a resident of the state as treasurer of the District, who shall
1711have charge of the funds of the District. Such funds shall be
1712disbursed only upon the order of or pursuant to a resolution of
1713the board by warrant or check countersigned by the treasurer and
1714by such other person as may be authorized by the board. The
1715board may give the treasurer such other or additional powers and
1716duties as the board may deem appropriate and may fix his or her
1717compensation. The board may require the treasurer to give a bond
1718in such amount, on such terms, and with such sureties as may be
1719deemed satisfactory to the board to secure the performance by
1720the treasurer of his or her powers and duties. The financial
1721records of the board shall be audited by an independent
1722certified public accountant at least once a year.
1723     (3)  PUBLIC DEPOSITORY.--The board is authorized to select
1724as a depository for its funds any qualified public depository as
1725defined in section 280.02, Florida Statutes, which meets all the
1726requirements of chapter 280, Florida Statutes, and has been
1727designated by the treasurer as a qualified public depository
1728upon such terms and conditions as to the payment of interest by
1729such depository upon the funds so deposited as the board may
1730deem just and reasonable.
1731     (4)  BUDGET; REPORTS AND REVIEWS.--
1732     (a)  The District shall provide financial reports in such
1733form and such manner as prescribed pursuant to this act and
1734chapter 218, Florida Statutes, as amended from time to time.
1735     (b)  On or before July 15 of each year, the district
1736manager shall prepare a proposed budget for the ensuing fiscal
1737year to be submitted to the board for board approval. The
1738proposed budget shall include at the direction of the board an
1739estimate of all necessary expenditures of the District for the
1740ensuing fiscal year and an estimate of income to the District
1741from the taxes and assessments provided in this act. The board
1742shall consider the proposed budget item by item and may either
1743approve the budget as proposed by the district manager or modify
1744the same in part or in whole. The board shall indicate its
1745approval of the budget by resolution, which resolution shall
1746provide for a hearing on the budget as approved. Notice of the
1747hearing on the budget shall be published in a newspaper of
1748general circulation in the area of the District once a week for
17492 consecutive weeks, except that the first publication shall be
1750not fewer than 15 days prior to the date of the hearing. The
1751notice shall further contain a designation of the day, time, and
1752place of the public hearing. At the time and place designated in
1753the notice, the board shall hear all objections to the budget as
1754proposed and may make such changes as the board deems necessary.
1755At the conclusion of the budget hearing, the board shall, by
1756resolution, adopt the budget as finally approved by the board.
1757The budget shall be adopted prior to October 1 of each year.
1758     (c)  At least 60 days prior to adoption, the Board of
1759Supervisors of the District shall submit to the Manatee County
1760and Sarasota County Boards of County Commissioners, for purposes
1761of disclosure and information only, the proposed annual budget
1762for the ensuing fiscal year, and each Board of County
1763Commissioners may submit written comments to the Board of
1764Supervisors solely for the assistance and information of the
1765Board of Supervisors of the District in adopting its annual
1766District budget.
1767     (d)  The Board of Supervisors of the District shall submit
1768annually, to the Boards of County Commissioners of Manatee and
1769Sarasota Counties, its District public facilities report under
1770section 189.415(2), Florida Statutes, which report the boards of
1771county commissioners shall use and rely on the District public
1772facilities report in the preparation or revision of their
1773respective comprehensive plans, specifically under section
1774189.415(6), Florida Statutes.
1775     (5)  DISCLOSURE OF PUBLIC FINANCING.--The District shall
1776take affirmative steps to provide for the full disclosure of
1777information relating to the public financing and maintenance of
1778improvements to real property undertaken by the District. Such
1779information shall be made available to all existing residents
1780and all prospective residents of the District. The District
1781shall furnish each developer of a residential development within
1782the District with sufficient copies of that information to
1783provide each prospective initial purchaser of property in that
1784development with a copy; and any developer of a residential
1785development within the District, when required by law to provide
1786a public offering statement, shall include a copy of such
1787information relating to the public financing and maintenance of
1788improvements in the public offering statement. The Division of
1789Florida Land Sales, Condominiums, and Mobile Homes of the
1790Department of Business and Professional Regulation shall ensure
1791that disclosures made by developers pursuant to chapter 498,
1792Florida Statutes, meet the requirements of section 190.009(1),
1793Florida Statutes.
1794     (6)  GENERAL POWERS.--The District shall have, and the
1795board may exercise, the following general powers:
1796     (a)  To sue and be sued in the name of the District; to
1797adopt and use a seal and authorize the use of a facsimile
1798thereof; to acquire, by purchase, gift, devise, or otherwise,
1799and to dispose of, real and personal property, or any estate
1800therein; and to make and execute contracts and other instruments
1801necessary or convenient to the exercise of its powers.
1802     (b)  To apply for coverage of its employees under the
1803Florida Retirement System in the same manner as if such
1804employees were state employees, subject to necessary action by
1805the District to pay employer contributions into the Florida
1806Retirement System Trust Fund.
1807     (c)  To contract for the services of consultants to perform
1808planning, engineering, legal, or other appropriate services of a
1809professional nature. Such contracts shall be subject to public
1810bidding or competitive negotiation requirements as set forth in
1811general law applicable to independent special districts.
1812     (d)  To borrow money and accept gifts; to apply for and use
1813grants or loans of money or other property from the United
1814States, the state, a unit of local government, or any person for
1815any District purposes and enter into agreements required in
1816connection therewith; and to hold, use, and dispose of such
1817moneys or property for any District purposes in accordance with
1818the terms of the gift, grant, loan, or agreement relating
1819thereto.
1820     (e)  To adopt and enforce rules and orders pursuant to the
1821provisions of chapter 120, Florida Statutes, prescribing the
1822powers, duties, and functions of the officers of the District;
1823the conduct of the business of the District; the maintenance of
1824records; and the form of certificates evidencing tax liens and
1825all other documents and records of the District. The board may
1826also adopt and enforce administrative rules with respect to any
1827of the projects of the District and define the area to be
1828included therein. The board may also adopt resolutions which may
1829be necessary for the conduct of District business.
1830     (f)  To maintain an office at such place or places as the
1831Board of Supervisors designates in either Manatee County or
1832Sarasota County, and within the District when facilities are
1833available.
1834     (g)  To hold, control, and acquire by donation, purchase,
1835or condemnation, or dispose of, any public easements,
1836dedications to public use, platted reservations for public
1837purposes, or any reservations for those purposes authorized by
1838this act and to make use of such easements, dedications, or
1839reservations for the purposes authorized by this act.
1840     (h)  To lease as lessor or lessee to or from any person,
1841firm, corporation, association, or body, public or private, any
1842projects of the type that the District is authorized to
1843undertake and facilities or property of any nature for the use
1844of the District to carry out the purposes authorized by this
1845act.
1846     (i)  To borrow money and issue bonds, certificates,
1847warrants, notes, or other evidence of indebtedness as
1848hereinafter provided; to levy such taxes and assessments as may
1849be authorized; and to charge, collect, and enforce fees and
1850other user charges.
1851     (j)  To raise, by user charges or fees authorized by
1852resolution of the board, amounts of money which are necessary
1853for the conduct of District activities and services and to
1854enforce their receipt and collection in the manner prescribed by
1855resolution not inconsistent with law.
1856     (k)  To exercise within the District, or beyond the
1857District with prior approval by vote of a resolution of the
1858governing body of the county if the taking will occur in an
1859unincorporated area in that county, the right and power of
1860eminent domain, pursuant to the provisions of chapters 73 and
186174, Florida Statutes, over any property within the state, except
1862municipal, county, state, and federal property, for the uses and
1863purpose of the District relating solely to water, sewer,
1864District roads, and water management, specifically including,
1865without limitation, the power for the taking of easements for
1866the drainage of the land of one person over and through the land
1867of another.
1868     (l)  To cooperate with, or contract with, other
1869governmental agencies as may be necessary, convenient,
1870incidental, or proper in connection with any of the powers,
1871duties, or purposes authorized by this act.
1872     (m)  To assess and to impose upon lands in the District ad
1873valorem taxes as provided by this act.
1874     (n)  If and when authorized by general law, to determine,
1875order, levy, impose, collect, and enforce maintenance taxes.
1876     (o)  To determine, order, levy, impose, collect, and
1877enforce assessments pursuant to this act and chapter 170,
1878Florida Statutes, as amended from time to time, pursuant to
1879authority granted in section 197.3631, Florida Statutes, or
1880pursuant to other provisions of general law now or hereinafter
1881enacted which provide or authorize a supplemental means to
1882order, levy, impose, or collect special assessments. Such
1883special assessments, in the discretion of the District, may be
1884collected and enforced pursuant to the provisions of sections
1885197.3632 and 197.3635, Florida Statutes, and chapters 170 and
1886173, Florida Statutes, as they may be amended from time to time,
1887or as provided by this act, or by other means authorized by
1888general law now or hereinafter enacted.
1889     (p)  To exercise such special powers and other express
1890powers as may be authorized and granted by this act in the
1891charter of the District, including powers as provided in any
1892interlocal agreement entered into pursuant to chapter 163,
1893Florida Statutes, or which shall be required or permitted to be
1894undertaken by the District pursuant to any development order or
1895development of regional impact, including any interlocal service
1896agreement with Manatee County or Sarasota County for fair-share
1897capital construction funding for any certain capital facilities
1898or systems required of the developer pursuant to any applicable
1899development order or agreement.
1900     (q)  To exercise all of the powers necessary, convenient,
1901incidental, or proper in connection with any other powers or
1902duties or the special purpose of the District authorized by this
1903act.
1904
1905The provisions of this subsection shall be construed liberally
1906in order to carry out effectively the specialized purpose of
1907this act. However, nothing in this subsection regarding the
1908exercise of general powers by the District is intended to allow
1909the District to exercise one or more special powers in Manatee
1910County absent an interlocal agreement with Manatee County
1911consenting to the exercise of such powers within that county, or
1912to allow the District to exercise one or more special powers in
1913Sarasota County absent an interlocal agreement with Sarasota
1914County consenting to the exercise of such powers within that
1915county.
1916     (7)  SPECIAL POWERS.--The District shall have, and the
1917board may exercise, the following special powers to implement
1918its lawful and special purpose and to provide, pursuant to that
1919purpose, systems, facilities, services, improvements, projects,
1920works, and infrastructure, each of which constitutes a lawful
1921public purpose when exercised pursuant to this charter, subject
1922to, and not inconsistent with, the regulatory jurisdiction and
1923permitting authority of all other applicable governmental
1924bodies, agencies, and any special districts having authority
1925with respect to any area included therein, and to plan,
1926establish, acquire, construct or reconstruct, enlarge or extend,
1927equip, operate, finance, fund, and maintain improvements,
1928systems, facilities, services, works, projects, and
1929infrastructure. Any or all of the following special powers are
1930granted by this act in order to implement the special purpose of
1931the District:
1932     (a)  To provide water management and control for the lands
1933within the District and to connect some or any of such
1934facilities with roads and bridges. In the event that the board
1935assumes the responsibility for providing water management and
1936control for the District which is to be financed by benefit
1937special assessments, the board shall adopt plans and assessments
1938pursuant to law or may proceed to adopt water management and
1939control plans, assess for benefits, and apportion and levy
1940special assessments, as follows:
1941     1.  The board shall cause to be made by the District's
1942engineer, or such other engineer or engineers as the board may
1943employ for that purpose, complete and comprehensive water
1944management and control plans for the lands located within the
1945District that will be improved in any part or in whole by any
1946system of facilities that may be outlined and adopted, and the
1947engineer shall make a report in writing to the board with maps
1948and profiles of said surveys and an estimate of the cost of
1949carrying out and completing the plans.
1950     2.  Upon the completion of such plans, the board shall hold
1951a hearing thereon to hear objections thereto, shall give notice
1952of the time and place fixed for such hearing by publication once
1953each week for 2 consecutive weeks in a newspaper of general
1954circulation in the general area of the District, and shall
1955permit the inspection of the plan at the office of the District
1956by all persons interested. All objections to the plan shall be
1957filed at or before the time fixed in the notice for the hearing
1958and shall be in writing.
1959     3.  After the hearing, the board shall consider the
1960proposed plan and any objections thereto and may modify, reject,
1961or adopt the plan or continue the hearing until a day certain
1962for further consideration of the proposed plan or modifications
1963thereof.
1964     4.  When the board approves a plan, a resolution shall be
1965adopted and a certified copy thereof shall be filed in the
1966office of the secretary and incorporated by him or her into the
1967records of the District.
1968     5.  The water management and control plan may be altered in
1969detail from time to time until the appraisal record herein
1970provided is filed but not in such manner as to affect materially
1971the conditions of its adoption. After the appraisal record has
1972been filed, no alteration of the plan shall be made, except as
1973provided by this act.
1974     6.  Within 20 days after the final adoption of the plan by
1975the board, the board shall proceed pursuant to section 298.301,
1976Florida Statutes.
1977     (b)  To provide water supply, sewer, and wastewater
1978management, reclamation, and reuse, or any combination thereof,
1979and any irrigation systems, facilities, and services and to
1980construct and operate connecting intercepting or outlet sewers
1981and sewer mains and pipes and water mains, conduits, or
1982pipelines in, along, and under any street, alley, highway, or
1983other public place or ways, and to dispose of any effluent,
1984residue, or other byproducts of such system or sewer system.
1985     1.  The District may not purchase or sell a water, sewer,
1986or wastewater reuse utility that provides service to the public
1987for compensation, or enter into a wastewater facility
1988privatization contract for a wastewater facility, until the
1989governing body of the District has held a public hearing on the
1990purchase, sale, or wastewater facility privatization contract
1991and made a determination that the purchase, sale, or wastewater
1992facility privatization contract is in the public interest.
1993     2.  In determining if the purchase, sale, or wastewater
1994facility privatization contract is in the public interest, the
1995District shall consider, at a minimum, the following:
1996     a.  The most recent available income and expense statement
1997for the utility.
1998     b.  The most recent available balance sheet for the
1999utility, listing assets and liabilities and clearly showing the
2000amount of contributions in aid of construction and the
2001accumulated depreciation thereon.
2002     c.  A statement of the existing rate base of the utility
2003for regulatory purposes.
2004     d.  The physical condition of the utility facilities being
2005purchased or sold or subject to a wastewater facility
2006privatization contract.
2007     e.  The reasonableness of the purchase, sale, or wastewater
2008facility privatization contract price and terms.
2009     f.  The impacts of the purchase, sale, or wastewater
2010facility privatization contract on utility customers, both
2011positive and negative.
2012     g.  Any additional investment required and the ability and
2013willingness of the purchaser or the private firm under a
2014wastewater facility privatization contract to make that
2015investment, whether the purchaser is the District or the entity
2016purchasing the utility from the District.
2017     h.  In the case of a wastewater facility privatization
2018contract, the terms and conditions on which the private firm
2019will provide capital investment and financing or a combination
2020thereof for contemplated capital replacements, additions,
2021expansions, and repairs.
2022     i.  The alternatives to the purchase, sale, or wastewater
2023facility privatization contract and the potential impact on
2024utility customers if the purchase, sale, or wastewater facility
2025privatization contract is not made.
2026     j.  The ability of the purchaser or the private firm under
2027a wastewater facility privatization contract to provide and
2028maintain high-quality and cost-effective utility service,
2029whether the purchaser is the District or the entity purchasing
2030the utility from the District.
2031     k.  In the case of a wastewater facility privatization
2032contract, the District shall give significant weight to the
2033technical expertise and experience of the private firm in
2034carrying out the obligations specified in the wastewater
2035facility privatization contract.
2036     l.  All moneys paid by a private firm to a District
2037pursuant to a wastewater facility privatization contract shall
2038be used for the purpose of reducing or offsetting property
2039taxes, wastewater service rates, or debt reduction or making
2040infrastructure improvements or capital asset expenditures or
2041other public purpose, provided, however, that nothing herein
2042shall preclude the District from using all or part of the moneys
2043for the purpose of the District's qualification for relief from
2044the repayment of federal grant awards associated with the
2045wastewater system as may be required by federal law or
2046regulation. The District shall prepare a statement showing that
2047the purchase, sale, or wastewater facility privatization
2048contract is in the public interest, including a summary of the
2049purchaser's or private firm's experience in water, sewer, or
2050wastewater reuse utility operation and a showing of financial
2051ability to provide the service, whether the purchaser or private
2052firm is the District or the entity purchasing the utility from
2053the District.
2054     (c)  To provide bridges or culverts that may be needed
2055across any drain, ditch, canal, floodway, holding basin,
2056excavation, public highway, tract, grade, fill, or cut and
2057roadways over levees and embankments, and to construct any and
2058all of such works and improvements across, through, or over any
2059public right-of way, highway, grade, fill, or cut.
2060     (d)  To provide district roads equal to or exceeding the
2061specifications of the county in which such District roads are
2062located, and to provide street lights, including conditions of
2063development approval for which specifications may sometimes be
2064different than the normal specifications of the county. This
2065special power includes, but is not limited to, roads, parkways,
2066bridges, landscaping, hardscaping, irrigation, bicycle lanes,
2067jogging paths, street lighting, traffic signals, regulatory or
2068informational signage, road striping, underground conduit,
2069underground cable or fiber or wire installed to pursuant an
2070agreement with or tariff of a retail provider of services, and
2071all other customary elements of a functioning modern road system
2072in general or as tied to the conditions of development approval
2073for the area within the District, and parking facilities that
2074are freestanding or that may be related to any innovative
2075strategic intermodal system of transportation pursuant to
2076applicable federal, state, and local law and ordinance.
2077     (e)  To provide buses, trolleys, transit shelters,
2078ridesharing facilities and services, parking improvements, and
2079related signage.
2080     (f)  To provide investigation and remediation costs
2081associated with the cleanup of actual or perceived environmental
2082contamination within the District under the supervision or
2083direction of a competent governmental authority unless the
2084covered costs benefit any person who is a landowner within the
2085District and who caused or contributed to the contamination.
2086     (g)  To provide observation areas, mitigation areas, and
2087wildlife habitat, including the maintenance of any plant or
2088animal species, and any related interest in real or personal
2089property.
2090     (h)  Using its general and special powers as set forth in
2091this act, to provide any other project within or without the
2092boundaries of the District when the project is the subject of an
2093agreement between the District and the Board of County
2094Commissioners of either Manatee County or Sarasota County or
2095with any other applicable public or private entity, and is not
2096inconsistent with the effective local comprehensive plans.
2097     (i)  To provide parks and facilities for indoor and outdoor
2098recreational, cultural, and educational uses.
2099     (j)  To provide fire prevention and control, including fire
2100stations, water mains and plugs, fire trucks, and other vehicles
2101and equipment.
2102     (k)  To provide school buildings and related structures,
2103which may be leased, sold, or donated to the school district,
2104for use in the educational system when authorized by the
2105district school board.
2106     (l)  To provide security, including, but not limited to,
2107guardhouses, fences, and gates, electronic intrusion-detection
2108systems, and patrol cars, when authorized by proper governmental
2109agencies; however, the District may not exercise any powers of a
2110law enforcement agency but may contract with the appropriate
2111local general-purpose government agencies for an increased level
2112of such services within the District boundaries. Notwithstanding
2113any provision of general law, the District may operate
2114guardhouses for the limited purpose of providing security for
2115the residents of the District and which serve a predominate
2116public, as opposed to private, purpose. Such guardhouses shall
2117be operated by the District or any other unit of local
2118government pursuant to procedures designed to serve such
2119security purposes as set forth in rules adopted by the board,
2120from time to time, following the procedures set forth in chapter
2121120, Florida Statutes.
2122     (m)  To provide control and elimination of mosquitoes and
2123other arthropods of public health importance.
2124     (n)  To provide waste collection and disposal.
2125     (o)  To enter into impact fee credit agreements with
2126Manatee County or Sarasota County. Under such agreements, if the
2127District constructs or makes contributions for public systems,
2128facilities, services, projects, improvements, works, and
2129infrastructures for which impact fee credits would be available
2130to the landowner developer under the applicable impact fee
2131ordinance, the agreement authorized by this act shall provide
2132that such impact fee credit shall inure to the landowners within
2133the District in proportion to assessments or other burdens
2134levied and imposed upon the landowners with respect to
2135assessable improvements giving rise to such impact fee credits,
2136and the District shall from time to time execute such
2137instruments, such as assignments of impact fee credits, as may
2138be necessary, appropriate, or desirable to accomplish or to
2139confirm the foregoing.
2140     (p)  To provide buildings and structures for District
2141offices, maintenance facilities, meeting facilities, town
2142centers, or any other project authorized or granted by this act.
2143     (q)  To establish and create, at noticed meetings, such
2144governmental departments of the Board of Supervisors of the
2145District, as well as committees, task forces, boards, or
2146commissions, or other agencies under the supervision and control
2147of the District, as from time to time the members of the board
2148may deem necessary or desirable in the performance of the acts
2149or other things necessary to exercise the board's general or
2150special powers to implement an innovative project to carry out
2151the special purpose of the District as provided in this act and
2152to delegate the exercise of its powers to such departments,
2153boards, task forces, committees, or other agencies and such
2154administrative duties and other powers as the board may deem
2155necessary or desirable but only if there is a set of expressed
2156limitations for accountability, notice, and periodic written
2157reporting to the board that shall retain the powers of the
2158board.
2159
2160The enumeration of special powers herein shall not be deemed
2161exclusive or restrictive but shall be deemed to incorporate all
2162powers express or implied necessary or incident to carrying out
2163such enumerated special powers, including also the general
2164powers provided by this special act charter to the District to
2165implement its single purpose. Further, the provisions of this
2166subsection shall be construed liberally in order to carry out
2167effectively the special purpose of this District under this act.
2168The District shall only exercise the special powers described in
2169paragraphs (a) through (p) within Manatee County upon the
2170execution of an interlocal agreement between the District and
2171Manatee County consenting to the District's exercise of those
2172powers within Manatee County. The District shall only exercise
2173the special powers described in paragraphs (a) through (p)
2174within Sarasota County upon the execution of an interlocal
2175agreement between the District and Sarasota County consenting to
2176the District's exercise of those powers within Sarasota County.
2177The District may exercise different powers within each county,
2178depending upon the timing and content of the respective
2179interlocal agreement, as either may be amended from time to
2180time.
2181     (8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
2182the other powers provided for in this act, and not in limitation
2183thereof, the District shall have the power, at any time and from
2184time to time after the issuance of any bonds of the District
2185shall have been authorized, to borrow money for the purposes for
2186which such bonds are to be issued in anticipation of the receipt
2187of the proceeds of the sale of such bonds and to issue bond
2188anticipation notes in a principal sum not in excess of the
2189authorized maximum amount of such bond issue. Such notes shall
2190be in such denomination or denominations, bear interest at such
2191rate as the board may determine not to exceed the maximum rate
2192allowed by general law, mature at such time or times not later
2193than 5 years from the date of issuance, and be in such form and
2194executed in such manner as the board shall prescribe. Such notes
2195may be sold at either public or private sale or, if such notes
2196shall be renewal notes, may be exchanged for notes then
2197outstanding on such terms as the board shall determine. Such
2198notes shall be paid from the proceeds of such bonds when issued.
2199The board may, in its discretion, in lieu of retiring the notes
2200by means of bonds, retire them by means of current revenues or
2201from any taxes or assessments levied for the payment of such
2202bonds, but, in such event, a like amount of the bonds authorized
2203shall not be issued.
2204     (9)  BORROWING.--The District at any time may obtain loans,
2205in such amount and on such terms and conditions as the board may
2206approve, for the purpose of paying any of the expenses of the
2207District or any costs incurred or that may be incurred in
2208connection with any of the projects of the District, which loans
2209shall bear interest as the board determines, not to exceed the
2210maximum rate allowed by general law, and may be payable from and
2211secured by a pledge of such funds, revenues, taxes, and
2212assessments as the board may determine, subject, however, to the
2213provisions contained in any proceeding under which bonds were
2214theretofore issued and are then outstanding. For the purpose of
2215defraying such costs and expenses, the District may issue
2216negotiable notes, warrants, or other evidences of debt to be
2217payable at such times and to bear such interest as the board may
2218determine, not to exceed the maximum rate allowed by general
2219law, and to be sold or discounted at such price or prices not
2220less than 95 percent of par value and on such terms as the board
2221may deem advisable. The board shall have the right to provide
2222for the payment thereof by pledging the whole or any part of the
2223funds, revenues, taxes, and assessments of the District. The
2224approval of the electors residing in the District shall not be
2225necessary except when required by the State Constitution.
2226     (10)  BONDS.--
2227     (a)  Sale of bonds.--Bonds may be sold in blocks or
2228installments at different times, or an entire issue or series
2229may be sold at one time. Bonds may be sold at public or private
2230sale after such advertisement, if any, as the board may deem
2231advisable but not in any event at less than 90 percent of the
2232par value thereof, together with accrued interest thereon. Bonds
2233may be sold or exchanged for refunding bonds. Special assessment
2234and revenue bonds may be delivered by the District as payment of
2235the purchase price of any project or part thereof, or a
2236combination of projects or parts thereof, or as the purchase
2237price or exchange for any property, real, personal, or mixed,
2238including franchises or services rendered by any contractor,
2239engineer, or other person, all at one time or in blocks from
2240time to time, in such manner and upon such terms as the board in
2241its discretion shall determine. The price or prices for any
2242bonds sold, exchanged, or delivered may be:
2243     1.  The money paid for the bonds.
2244     2.  The principal amount, plus accrued interest to the date
2245of redemption or exchange, or outstanding obligations exchanged
2246for refunding bonds.
2247     3.  In the case of special assessment or revenue bonds, the
2248amount of any indebtedness to contractors or other persons paid
2249with such bonds, or the fair value of any properties exchanged
2250for the bonds, as determined by the board.
2251     (b)  Authorization and form of bonds.--Any general
2252obligation bonds, special assessment bonds, or revenue bonds may
2253be authorized by resolution or resolutions of the board which
2254shall be adopted by a majority of all the members thereof then
2255in office. Such resolution or resolutions may be adopted at the
2256same meeting at which they are introduced and need not be
2257published or posted. The board may, by resolution, authorize the
2258issuance of bonds and fix the aggregate amount of bonds to be
2259issued; the purpose or purposes for which the moneys derived
2260therefrom shall be expended, including, but not limited to,
2261payment of costs as defined in section 2(2)(i); the rate or
2262rates of interest, not to exceed the maximum rate allowed by
2263general law; the denomination of the bonds; whether or not the
2264bonds are to be issued in one or more series; the date or dates
2265of maturity, which shall not exceed 40 years from their
2266respective dates of issuance; the medium of payment; the place
2267or places within or without the state at which payment shall be
2268made; registration privileges; redemption terms and privileges,
2269whether with or without premium; the manner of execution; the
2270form of the bonds, including any interest coupons to be attached
2271thereto; the manner of execution of bonds and coupons; and any
2272and all other terms, covenants, and conditions thereof and the
2273establishment of revenue or other funds. Such authorizing
2274resolution or resolutions may further provide for the contracts
2275authorized by section 159.825(1)(f) and (g), Florida Statutes,
2276regardless of the tax treatment of such bonds being authorized,
2277subject to the finding by the board of a net saving to the
2278District resulting by reason thereof. Such authorizing
2279resolution may further provide that such bonds may be executed
2280in accordance with the Registered Public Obligations Act, except
2281that bonds not issued in registered form shall be valid if
2282manually countersigned by an officer designated by appropriate
2283resolution of the board. The seal of the District may be
2284affixed, lithographed, engraved, or otherwise reproduced in
2285facsimile on such bonds. In case any officer whose signature
2286shall appear on any bonds or coupons shall cease to be such
2287officer before the delivery of such bonds, such signature or
2288facsimile shall nevertheless be valid and sufficient for all
2289purposes the same as if he or she had remained in office until
2290such delivery.
2291     (c)  Interim certificates; replacement
2292certificates.--Pending the preparation of definitive bonds, the
2293board may issue interim certificates or receipts or temporary
2294bonds, in such form and with such provisions as the board may
2295determine, exchangeable for definitive bonds when such bonds
2296have been executed and are available for delivery. The board may
2297also provide for the replacement of any bonds which become
2298mutilated, lost, or destroyed.
2299     (d)  Negotiability of bonds.--Any bond issued under this
2300act or any temporary bond, in the absence of an express recital
2301on the face thereof that it is nonnegotiable, shall be fully
2302negotiable and shall be and constitute a negotiable instrument
2303within the meaning and for all purposes of the law merchant and
2304the laws of the state.
2305     (e)  Defeasance.--The board may make such provision with
2306respect to the defeasance of the right, title, and interest of
2307the holders of any of the bonds and obligations of the District
2308in any revenues, funds, or other properties by which such bonds
2309are secured as the board deems appropriate and, without
2310limitation on the foregoing, may provide that when such bonds or
2311obligations become due and payable or shall have been called for
2312redemption and the whole amount of the principal and interest
2313and premium, if any, due and payable upon the bonds or
2314obligations then outstanding shall be held in trust for such
2315purpose, and provision shall also be made for paying all other
2316sums payable in connection with such bonds or other obligations,
2317then and in such event the right, title, and interest of the
2318holders of the bonds in any revenues, funds, or other properties
2319by which such bonds are secured shall thereupon cease,
2320terminate, and become void; and the board may apply any surplus
2321in any sinking fund established in connection with such bonds or
2322obligations and all balances remaining in all other funds or
2323accounts other than moneys held for the redemption or payment of
2324the bonds or other obligations to any lawful purpose of the
2325District as the board shall determine.
2326     (f)  Issuance of additional bonds.--If the proceeds of any
2327bonds are less than the cost of completing the project in
2328connection with which such bonds were issued, the board may
2329authorize the issuance of additional bonds, upon such terms and
2330conditions as the board may provide in the resolution
2331authorizing the issuance thereof, but only in compliance with
2332the resolution or other proceedings authorizing the issuance of
2333the original bonds.
2334     (g)  Refunding bonds.--The District shall have the power to
2335issue bonds to provide for the retirement or refunding of any
2336bonds or obligations of the District that at the time of such
2337issuance are or subsequent thereto become due and payable, or
2338that at the time of issuance have been called or are or will be
2339subject to call for redemption within 10 years thereafter, or
2340the surrender of which can be procured from the holders thereof
2341at prices satisfactory to the board. Refunding bonds may be
2342issued at any time that in the judgment of the board such
2343issuance will be advantageous to the District. No approval of
2344the qualified electors residing in the District shall be
2345required for the issuance of refunding bonds except in cases in
2346which such approval is required by the State Constitution. The
2347board may by resolution confer upon the holders of such
2348refunding bonds all rights, powers, and remedies to which the
2349holders would be entitled if they continued to be the owners and
2350had possession of the bonds for the refinancing of which such
2351refunding bonds are issued, including, but not limited to, the
2352preservation of the lien of such bonds on the revenues of any
2353project or on pledged funds, without extinguishment, impairment,
2354or diminution thereof. The provisions of this act pertaining to
2355bonds of the District shall, unless the context otherwise
2356requires, govern the issuance of refunding bonds, the form and
2357other details thereof, the rights of the holders thereof, and
2358the duties of the board with respect to them.
2359     (h)  Revenue bonds.--
2360     1.  The District shall have the power to issue revenue
2361bonds from time to time without limitation as to amount. Such
2362revenue bonds may be secured by, or payable from, the gross or
2363net pledge of the revenues to be derived from any project or
2364combination of projects; from the rates, fees, or other charges
2365to be collected from the users of any project or projects; from
2366any revenue-producing undertaking or activity of the District;
2367from special assessments; or from benefit special assessments;
2368or from any other source or pledged security. Such bonds shall
2369not constitute an indebtedness of the District, and the approval
2370of the qualified electors shall not be required unless such
2371bonds are additionally secured by the full faith and credit and
2372taxing power of the District.
2373     2.  Any two or more projects may be combined and
2374consolidated into a single project and may hereafter be operated
2375and maintained as a single project. The revenue bonds authorized
2376herein may be issued to finance any one or more of such
2377projects, regardless of whether or not such projects have been
2378combined and consolidated into a single project. If the board
2379deems it advisable, the proceedings authorizing such revenue
2380bonds may provide that the District may thereafter combine the
2381projects then being financed or theretofore financed with other
2382projects to be subsequently financed by the District and that
2383revenue bonds to be thereafter issued by the District shall be
2384on parity with the revenue bonds then being issued, all on such
2385terms, conditions, and limitations as shall have been provided
2386in the proceeding which authorized the original bonds.
2387     (i)  General obligation bonds.--
2388     1.  Subject to the limitations of this charter, the
2389District shall have the power from time to time to issue general
2390obligation bonds to finance or refinance capital projects or to
2391refund outstanding bonds in an aggregate principal amount of
2392bonds outstanding at any one time not in excess of 35 percent of
2393the assessed value of the taxable property within the District
2394as shown on the pertinent tax records at the time of the
2395authorization of the general obligation bonds for which the full
2396faith and credit of the District is pledged. Except for
2397refunding bonds, no general obligation bonds shall be issued
2398unless the bonds are issued to finance or refinance a capital
2399project and the issuance has been approved at an election held
2400in accordance with the requirements for such election as
2401prescribed by the State Constitution. Such elections shall be
2402called to be held in the District by the Board of County
2403Commissioners of Manatee and Sarasota Counties upon the request
2404of the board of the District. The expenses of calling and
2405holding an election shall be at the expense of the District, and
2406the District shall reimburse the county for any expenses
2407incurred in calling or holding such election.
2408     2.  The District may pledge its full faith and credit for
2409the payment of the principal and interest on such general
2410obligation bonds and for any reserve funds provided therefor and
2411may unconditionally and irrevocably pledge itself to levy ad
2412valorem taxes on all taxable property in the District, to the
2413extent necessary for the payment thereof, without limitation as
2414to rate or amount.
2415     3.  If the board determines to issue general obligation
2416bonds for more than one capital project, the approval of the
2417issuance of the bonds for each and all such projects may be
2418submitted to the electors on one and the same ballot. The
2419failure of the electors to approve the issuance of bonds for any
2420one or more capital projects shall not defeat the approval of
2421bonds for any capital project which has been approved by the
2422electors.
2423     4.  In arriving at the amount of general obligation bonds
2424permitted to be outstanding at any one time pursuant to
2425subparagraph 1., there shall not be included any general
2426obligation bonds which are additionally secured by the pledge
2427of:
2428     a.  Any assessments levied in an amount sufficient to pay
2429the principal and interest on the general obligation bonds so
2430additionally secured, which assessments have been equalized and
2431confirmed by resolution of the board pursuant to this act or
2432section 170.08, Florida Statutes.
2433     b.  Water revenues, sewer revenues, or water and sewer
2434revenues of the District to be derived from user fees in an
2435amount sufficient to pay the principal and interest on the
2436general obligation bonds so additionally secured.
2437     c.  Any combination of assessments and revenues described
2438in sub-subparagraphs a. and b.
2439     (j)  Bonds as legal investment or security.--
2440     1.  Notwithstanding any provisions of any other law to the
2441contrary, all bonds issued under the provisions of this act
2442shall constitute legal investments for savings banks, banks,
2443trust companies, insurance companies, executors, administrators,
2444trustees, guardians, and other fiduciaries and for any board,
2445body, agency, instrumentality, county, municipality, or other
2446political subdivision of the state and shall be and constitute
2447security which may be deposited by banks or trust companies as
2448security for deposits of state, county, municipal, or other
2449public funds or by insurance companies as required or voluntary
2450statutory deposits.
2451     2.  Any bonds issued by the District shall be incontestable
2452in the hands of bona fide purchasers or holders for value and
2453shall not be invalid because of any irregularity or defect in
2454the proceedings for the issue and sale thereof.
2455     (k)  Covenants.--Any resolution authorizing the issuance of
2456bonds may contain such covenants as the board may deem
2457advisable, and all such covenants shall constitute valid and
2458legally binding and enforceable contracts between the District
2459and the bondholders, regardless of the time of issuance thereof.
2460Such covenants may include, without limitation, covenants
2461concerning the disposition of the bond proceeds; the use and
2462disposition of project revenues; the pledging of revenues,
2463taxes, and assessments; the obligations of the District with
2464respect to the operation of the project and the maintenance of
2465adequate project revenues; the issuance of additional bonds; the
2466appointment, powers, and duties of trustees and receivers; the
2467acquisition of outstanding bonds and obligations; restrictions
2468on the establishing of competing projects or facilities;
2469restrictions on the sale or disposal of the assets and property
2470of the District; the priority of assessment liens; the priority
2471of claims by bondholders on the taxing power of the District;
2472the maintenance of deposits to ensure the payment of revenues by
2473users of District facilities and services; the discontinuance of
2474District services by reason of delinquent payments; acceleration
2475upon default; the execution of necessary instruments; the
2476procedure for amending or abrogating covenants with the
2477bondholders; and such other covenants as may be deemed necessary
2478or desirable for the security of the bondholders.
2479     (l)  Validation proceedings.--The power of the District to
2480issue bonds under the provisions of this act may be determined,
2481and any of the bonds of the District maturing over a period of
2482more than 5 years shall be validated and confirmed, by court
2483decree, under the provisions of chapter 75, Florida Statutes,
2484and laws amendatory thereof or supplementary thereto.
2485     (m)  Tax exemption.--To the extent allowed by general law,
2486all bonds issued hereunder and interest paid thereon and all
2487fees, charges, and other revenues derived by the District from
2488the projects provided by this act are exempt from all taxes by
2489the state or by any political subdivision, agency, or
2490instrumentality thereof; however, any interest, income, or
2491profits on debt obligations issued hereunder are not exempt from
2492the tax imposed by chapter 220, Florida Statutes. Further, the
2493District is not exempt from the provisions of chapter 212,
2494Florida Statutes.
2495     (n)  Application of section 189.4085, Florida
2496Statutes.--Bonds issued by the District shall meet the criteria
2497set forth in section 189.4085, Florida Statutes.
2498     (o)  Act furnishes full authority for issuance of
2499bonds.--This act constitutes full and complete authority for the
2500issuance of bonds and the exercise of the powers of the District
2501provided herein. No procedures or proceedings, publications,
2502notices, consents, approvals, orders, acts, or things by the
2503board, or any board, officer, commission, department, agency, or
2504instrumentality of the District, other than those required by
2505this act, shall be required to perform anything under this act,
2506except that the issuance or sale of bonds pursuant to the
2507provisions of this act shall comply with the general law
2508requirements applicable to the issuance or sale of bonds by the
2509District. Nothing in this act shall be construed to authorize
2510the District to utilize bond proceeds to fund the ongoing
2511operations of the District.
2512     (p)  Pledge by the state to the bondholders of the
2513District.--The state pledges to the holders of any bonds issued
2514under this act that it will not limit or alter the rights of the
2515District to own, acquire, construct, reconstruct, improve,
2516maintain, operate, or furnish the projects or to levy and
2517collect the taxes, assessments, rentals, rates, fees, and other
2518charges provided for herein and to fulfill the terms of any
2519agreement made with the holders of such bonds or other
2520obligations and that it will not in any way impair the rights or
2521remedies of such holders.
2522     (q)  Default.--A default on the bonds or obligations of a
2523District shall not constitute a debt or obligation of the state
2524or any general-purpose local government or the state.
2525     (11)  TRUST AGREEMENTS.--Any issue of bonds shall be
2526secured by a trust agreement by and between the District and a
2527corporate trustee or trustees, which may be any trust company or
2528bank having the powers of a trust company within or without the
2529state. The resolution authorizing the issuance of the bonds or
2530such trust agreement may pledge the revenues to be received from
2531any projects of the District and may contain such provisions for
2532protecting and enforcing the rights and remedies of the
2533bondholders as the board may approve, including, without
2534limitation, covenants setting forth the duties of the District
2535in relation to: the acquisition, construction, reconstruction,
2536improvement, maintenance, repair, operation, and insurance of
2537any projects; the fixing and revising of the rates, fees, and
2538charges; and the custody, safeguarding, and application of all
2539moneys and for the employment of consulting engineers in
2540connection with such acquisition, construction, reconstruction,
2541improvement, maintenance, repair, or operation. It shall be
2542lawful for any bank or trust company within or without the state
2543which may act as a depository of the proceeds of bonds or of
2544revenues to furnish such indemnifying bonds or to pledge such
2545securities as may be required by the District. Such resolution
2546or trust agreement may set forth the rights and remedies of the
2547bondholders and of the trustee, if any, and may restrict the
2548individual right of action by bondholders. The board may provide
2549for the payment of proceeds of the sale of the bonds and the
2550revenues of any project to such officer, board, or depository as
2551it may designate for the custody thereof and may provide for the
2552method of disbursement thereof with such safeguards and
2553restrictions as it may determine. All expenses incurred in
2554carrying out the provisions of such resolution or trust
2555agreement may be treated as part of the cost of operation of the
2556project to which such trust agreement pertains.
2557     (12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2558ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2559ASSESSMENTS; MAINTENANCE TAXES.--
2560     (a)  Ad valorem taxes.--An elected board shall have the
2561power to levy and assess an ad valorem tax on all the taxable
2562property in the District to construct, operate, and maintain
2563assessable improvements; to pay the principal of, and interest
2564on, any general obligation bonds of the District; and to provide
2565for any sinking or other funds established in connection with
2566any such bonds. An ad valorem tax levied by the board for
2567operating purposes, exclusive of debt service on bonds, shall
2568not exceed 3 mills. The ad valorem tax provided for herein shall
2569be in addition to county and all other ad valorem taxes provided
2570for by law. Such tax shall be assessed, levied, and collected in
2571the same manner and at the same time as county taxes. The levy
2572of ad valorem taxes must be approved by referendum as required
2573by Section 9 of Article VII of the State Constitution.
2574     (b)  Benefit special assessments.--The board annually shall
2575determine, order, and levy the annual installment of the total
2576benefit special assessments for bonds issued and related
2577expenses to finance assessable improvements. These assessments
2578may be due and collected during each year that county taxes are
2579due and collected, in which case such annual installment and
2580levy shall be evidenced to and certified to the property
2581appraiser by the board not later than August 31 of each year.
2582Such assessment shall be entered by the property appraiser on
2583the county tax rolls and shall be collected and enforced by the
2584tax collector in the same manner and at the same time as county
2585taxes, and the proceeds thereof shall be paid to the District.
2586However, this subsection shall not prohibit the District in its
2587discretion from using the method prescribed in either section
2588197.3632 or chapter 173, Florida Statutes, as each may be
2589amended from time to time, for collecting and enforcing these
2590assessments. Each annual installment of benefit special
2591assessments shall be a lien on the property against which
2592assessed until paid and shall be enforceable in like manner as
2593county taxes. The amount of the assessment for the exercise of
2594the District's powers under subsections (6) and (7) shall be
2595determined by the board based upon a report of the District's
2596engineer and assessed by the board upon such lands, which may be
2597part or all of the lands within the District benefited by the
2598improvement, apportioned between benefited lands in proportion
2599to the benefits received by each tract of land. The board may,
2600if it determines it is in the best interests of the District,
2601set forth in the proceedings initially levying such benefit
2602special assessments or in subsequent proceedings a formula for
2603the determination of an amount, which when paid by a taxpayer
2604with respect to any tax parcel, shall constitute a prepayment of
2605all future annual installments of such benefit special
2606assessments and that the payment of which amount with respect to
2607such tax parcel shall relieve and discharge such tax parcel of
2608the lien of such benefit special assessments and any subsequent
2609annual installment thereof. The board may provide further that
2610upon delinquency in the payment of any annual installment of
2611benefit special assessments, the prepayment amount of all future
2612annual installments of benefit special assessments as determined
2613in the preceding sentence shall be and become immediately due
2614and payable together with such delinquent annual installment.
2615     (c)  Non-ad valorem maintenance taxes.--If and when
2616authorized by general law, to maintain and to preserve the
2617physical facilities and services constituting the works,
2618improvements, or infrastructure provided by the District
2619pursuant to this act, to repair and restore any one or more of
2620them, when needed, and to defray the current expenses of the
2621District, including any sum which may be required to pay state
2622and county ad valorem taxes on any lands which may have been
2623purchased and which are held by the District under the
2624provisions of this act, the Board of Supervisors may, upon the
2625completion of said systems, facilities, services, works,
2626improvements, or infrastructure, in whole or in part, as may be
2627certified to the board by the engineer of the board, levy
2628annually a non-ad valorem and nonmillage tax upon each tract or
2629parcel of land within the District, to be known as a
2630"maintenance tax." This non-ad valorem maintenance tax shall be
2631apportioned upon the basis of the net assessments of benefits
2632assessed as accruing from the original construction and shall be
2633evidenced to and certified by the Board of Supervisors of the
2634District not later than June 1 of each year to the property
2635appraisers of Manatee and Sarasota Counties and shall be
2636extended by the property appraiser on the tax roll of the
2637property appraiser, as certified by the property appraiser to
2638the tax collector, and collected by the tax collector on the
2639merged collection roll of the tax collector in the same manner
2640and at the same time as county ad valorem taxes, and the
2641proceeds therefrom shall be paid to the District. This non-ad
2642valorem maintenance tax shall be a lien until paid on the
2643property against which assessed and enforceable in like manner
2644and of the same dignity as county ad valorem taxes.
2645     (d)  Maintenance special assessments.--To maintain and
2646preserve the facilities and projects of the District, the board
2647may levy a maintenance special assessment. This assessment may
2648be evidenced to and certified to the property appraiser by the
2649Board of Supervisors not later than August 31 of each year and
2650shall be entered by the property appraiser on the county tax
2651rolls and shall be collected and enforced by the tax collector
2652in the same manner and at the same time as county taxes, and the
2653proceeds therefrom shall be paid to the District. However, this
2654subsection shall not prohibit the District in its discretion
2655from using the method prescribed in either section 197.363,
2656section 197.3631, or section 197.3632, Florida Statutes, for
2657collecting and enforcing these assessments. These maintenance
2658special assessments shall be a lien on the property against
2659which assessed until paid and shall be enforceable in like
2660manner as county taxes. The amount of the maintenance special
2661assessment for the exercise of the District's powers under this
2662section shall be determined by the board based upon a report of
2663the District's engineer and assessed by the board upon such
2664lands, which may be all of the lands within the District
2665benefited by the maintenance thereof, apportioned between the
2666benefited lands in proportion to the benefits received by each
2667tract of land.
2668     (e)  Special assessments.--To levy and impose any special
2669assessments pursuant to this subsection.
2670     (f)  Enforcement of taxes.--The collection and enforcement
2671of all taxes levied by the District shall be at the same time
2672and in like manner as county taxes, and the provisions of the
2673laws of Florida relating to the sale of lands for unpaid and
2674delinquent county taxes; the issuance, sale, and delivery of tax
2675certificates for such unpaid and delinquent county taxes; the
2676redemption thereof; the issuance to individuals of tax deeds
2677based thereon; and all other procedures in connection therewith
2678shall be applicable to the District to the same extent as if
2679such statutory provisions were expressly set forth herein. All
2680taxes shall be subject to the same discounts as county taxes.
2681     (g)  When unpaid tax is delinquent; penalty.--All taxes
2682provided for in this act shall become delinquent and bear
2683penalties on the amount of such taxes in the same manner as
2684county taxes.
2685     (h)  Status of assessments.--Benefit special assessments,
2686maintenance special assessments, and special assessments are
2687hereby found and determined to be non-ad valorem assessments as
2688defined by section 197.3632, Florida Statutes. Maintenance taxes
2689are non-ad valorem taxes and are not special assessments.
2690     (i)  Assessments constitute liens; collection.--Any and all
2691assessments, including special assessments, benefit special
2692assessments, and maintenance special assessments authorized by
2693this section, and including special assessments as defined by
2694section 2(2)(z) and granted and authorized by this subsection,
2695and including maintenance taxes if authorized by general law,
2696shall constitute a lien on the property against which assessed
2697from the date of levy and imposition thereof until paid, coequal
2698with the lien of state, county, municipal, and school board
2699taxes. These assessments may be collected, at the District's
2700discretion, under authority of section 197.3631, Florida
2701Statutes, as amended from time to time, by the tax collector
2702pursuant to the provisions of sections 197.3632 and 197.3635,
2703Florida Statutes, as amended from time to time, or in accordance
2704with other collection measures provided by law. In addition to,
2705and not in limitation of, any powers otherwise set forth herein
2706or in general law, these assessments may also be enforced
2707pursuant to the provisions of chapter 173, Florida Statutes, as
2708amended from time to time.
2709     (j)  Land owned by governmental entity.--Except as
2710otherwise provided by law, no levy of ad valorem taxes or non-ad
2711valorem assessments under this act, chapter 170, or chapter 197,
2712Florida Statutes, as each may be amended from time to time, or
2713otherwise, by a board of a District, on property of a
2714governmental entity that is subject to a ground lease as
2715described in section 190.003(13), Florida Statutes, shall
2716constitute a lien or encumbrance on the underlying fee interest
2717of such governmental entity.
2718     (13)  SPECIAL ASSESSMENTS.--
2719     (a)  As an alternative method to the levy and imposition of
2720special assessments pursuant to chapter 170, Florida Statutes,
2721pursuant to the authority of section 197.3631, Florida Statutes,
2722or pursuant to other provisions of general law, now or hereafter
2723enacted, which provide a supplemental means or authority to
2724impose, levy, and collect special assessments as otherwise
2725authorized under this act, the board may levy and impose special
2726assessments to finance the exercise of any of its powers
2727permitted under this act using the following uniform procedures:
2728     1.  At a noticed meeting, the Board of Supervisors of the
2729District may consider and review an engineer's report on the
2730costs of the systems, facilities, and services to be provided, a
2731preliminary assessment methodology, and a preliminary roll based
2732on acreage or platted lands, depending upon whether platting has
2733occurred.
2734     a.  The assessment methodology shall address and discuss
2735and the board shall consider whether the systems, facilities,
2736and services being contemplated will result in special benefits
2737peculiar to the property, different in kind and degree than
2738general benefits, as a logical connection between the systems,
2739facilities, and services themselves and the property, and
2740whether the duty to pay the assessments by the property owners
2741is apportioned in a manner that is fair and equitable and not in
2742excess of the special benefit received. It shall be fair and
2743equitable to designate a fixed proportion of the annual debt
2744service, together with interest thereon, on the aggregate
2745principal amount of bonds issued to finance such systems,
2746facilities, and services which give rise to unique, special, and
2747peculiar benefits to property of the same or similar
2748characteristics under the assessment methodology so long as such
2749fixed proportion does not exceed the unique, special, and
2750peculiar benefits enjoyed by such property from such systems,
2751facilities, and services.
2752     b.  The engineer's cost report shall identify the nature of
2753the proposed systems, facilities, and services, their location,
2754a cost breakdown plus a total estimated cost, including cost of
2755construction or reconstruction, labor, and materials, lands,
2756property, rights, easements, franchises, or systems, facilities,
2757and services to be acquired, cost of plans and specifications,
2758surveys of estimates of costs and revenues, costs of
2759engineering, legal, and other professional consultation
2760services, and other expenses or costs necessary or incident to
2761determining the feasibility or practicability of such
2762construction, reconstruction, or acquisition, administrative
2763expenses, relationship to the authority and power of the
2764District in its charter, and such other expenses or costs as may
2765be necessary or incident to the financing to be authorized by
2766the Board of Supervisors.
2767     c.  The preliminary assessment roll to be prepared will be
2768in accordance with the method of assessment provided for in the
2769assessment methodology and as may be adopted by the Board of
2770Supervisors; the assessment roll shall be completed as promptly
2771as possible and shall show the acreage, lots, lands, or plats
2772assessed and the amount of the fairly and reasonably apportioned
2773assessment based on special and peculiar benefit to the
2774property, lot, parcel, or acreage of land; and, if the
2775assessment against each such lot, parcel, acreage, or portion of
2776land is to be paid in installments, the number of annual
2777installments in which the assessment is divided shall be entered
2778into and shown upon the assessment roll.
2779     2.  The Board of Supervisors of the District may determine
2780and declare by an initial assessment resolution to levy and
2781assess the assessments with respect to assessable improvements
2782stating the nature of the systems, facilities, and services,
2783improvements, projects, or infrastructure constituting such
2784assessable improvements, the information in the engineer's cost
2785report, the information in the assessment methodology as
2786determined by the board at the noticed meeting and referencing
2787and incorporating as part of the resolution the engineer's cost
2788report, the preliminary assessment methodology, and the
2789preliminary assessment roll as referenced exhibits to the
2790resolution by reference. If the board determines to declare and
2791levy the special assessments by the initial assessment
2792resolution, the board shall also adopt and declare a notice
2793resolution which shall provide and cause the initial assessment
2794resolution to be published once a week for a period of 2 weeks
2795in newspapers of general circulation published in Manatee and
2796Sarasota Counties and said board shall by the same resolution
2797fix a time and place at which the owner or owners of the
2798property to be assessed or any other persons interested therein
2799may appear before said board and be heard as to the propriety
2800and advisability of making such improvements, as to the costs
2801thereof, as to the manner of payment therefor, and as to the
2802amount thereof to be assessed against each property so improved.
2803Thirty days' notice in writing of such time and place shall be
2804given to such property owners. The notice shall include the
2805amount of the assessment and shall be served by mailing a copy
2806to each assessed property owner at his or her last known
2807address, the names and addresses of such property owners to be
2808obtained from the record of the property appraiser of the county
2809political subdivision in which the land is located or from such
2810other sources as the district manager or engineer deems
2811reliable, and proof of such mailing shall be made by the
2812affidavit of the manager of the District or by the engineer,
2813said proof to be filed with the district manager, provided that
2814failure to mail said notice or notices shall not invalidate any
2815of the proceedings hereunder. It is provided further that the
2816last publication shall be at least 1 week prior to the date of
2817the hearing on the final assessment resolution. Said notice
2818shall describe the general areas to be improved and advise all
2819persons interested that the description of each property to be
2820assessed and the amount to be assessed to each piece, parcel,
2821lot, or acre of property may be ascertained at the office of the
2822manager of the District. Such service by publication shall be
2823verified by the affidavit of the publisher and filed with the
2824manager of the District. Moreover, the initial assessment
2825resolution with its attached, referenced, and incorporated
2826engineer's cost report, preliminary assessment methodology, and
2827preliminary assessment roll, along with the notice resolution,
2828shall be available for public inspection at the office of the
2829manager and the office of the engineer or any other office
2830designated by the Board of Supervisors in the notice resolution.
2831Notwithstanding the foregoing, the landowners of all of the
2832property which is proposed to be assessed may give the District
2833written notice of waiver of any notice and publication provided
2834for in this subparagraph and such notice and publication shall
2835not be required, provided, however, that any meeting of the
2836Board of Supervisors to consider such resolution shall be a
2837publicly noticed meeting.
2838     3.  At the time and place named in the noticed resolution
2839as provided for in subparagraph 2., the Board of Supervisors of
2840the District shall meet and hear testimony from affected
2841property owners as to the propriety and advisability of making
2842the systems, facilities, services, projects, works,
2843improvements, or infrastructure and funding them with
2844assessments referenced in the initial assessment resolution on
2845the property. Following the testimony and questions from the
2846members of the board or any professional advisors to the
2847District of the preparers of the engineer's cost report, the
2848assessment methodology, and the assessment roll, the Board of
2849Supervisors shall make a final decision on whether to levy and
2850assess the particular assessments. Thereafter, the Board of
2851Supervisors shall meet as an equalizing board to hear and to
2852consider any and all complaints as to the particular assessments
2853and shall adjust and equalize the assessments on the basis of
2854justice and right.
2855     4.  When so equalized and approved by resolution or
2856ordinance by the Board of Supervisors, to be called the final
2857assessment resolution, a final assessment roll shall be filed
2858with the clerk of the board and such assessment shall stand
2859confirmed and remain legal, valid, and binding first liens on
2860the property against which such assessments are made until paid,
2861equal in dignity to the first liens of ad valorem taxation of
2862county and municipal governments and school boards. However,
2863upon completion of the systems, facilities, service, project,
2864improvement, works, or infrastructure, the District shall credit
2865to each of the assessments the difference in the assessment as
2866originally made, approved, levied, assessed, and confirmed and
2867the proportionate part of the actual cost of the improvement to
2868be paid by the particular special assessments as finally
2869determined upon the completion of the improvement; but in no
2870event shall the final assessment exceed the amount of the
2871special and peculiar benefits as apportioned fairly and
2872reasonably to the property from the system, facility, or service
2873being provided as originally assessed. Promptly after such
2874confirmation, the assessment shall be recorded by the clerk of
2875the District in the minutes of the proceedings of the District,
2876and the record of the lien in this set of minutes shall
2877constitute prima facie evidence of its validity. The Board of
2878Supervisors, in its sole discretion, may, by resolution grant a
2879discount equal to all or a part of the payee's proportionate
2880share of the cost of the project consisting of bond financing
2881cost, such as capitalized interest, funded reserves, and bond
2882discounts included in the estimated cost of the project, upon
2883payment in full of any assessments during such period prior to
2884the time such financing costs are incurred as may be specified
2885by the Board of Supervisors in such resolution.
2886     5.  District assessments may be made payable in
2887installments over no more than 30 years from the date of the
2888payment of the first installment thereof and may bear interest
2889at fixed or variable rates.
2890     (b)  Notwithstanding any provision of this act or chapter
2891170, Florida Statutes, that portion of section 170.09, Florida
2892Statutes, that provides that assessments may be paid without
2893interest at any time within 30 days after the improvement is
2894completed and a resolution accepting the same has been adopted
2895by the governing authority shall not be applicable to any
2896District assessments, whether imposed, levied, and collected
2897pursuant to the provisions of this act or other provisions of
2898Florida law, including, but not limited to chapter 170, Florida
2899Statutes.
2900     (c)  In addition, the District is authorized expressly in
2901the exercise of its rulemaking power to adopt a rule or rules
2902which provides or provide for notice, levy, imposition,
2903equalization, and collection of assessments.
2904     (14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2905ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2906     (a)  The board may, after any special assessments or
2907benefit special assessments for assessable improvements are
2908made, determined, and confirmed as provided in this act, issue
2909certificates of indebtedness for the amount so assessed against
2910the abutting property or property otherwise benefited, as the
2911case may be, and separate certificates shall be issued against
2912each part or parcel of land or property assessed, which
2913certificates shall state the general nature of the improvement
2914for which the assessment is made. The certificates shall be
2915payable in annual installments in accordance with the
2916installments of the special assessment for which they are
2917issued. The board may determine the interest to be borne by such
2918certificates, not to exceed the maximum rate allowed by general
2919law, and may sell such certificates at either private or public
2920sale and determine the form, manner of execution, and other
2921details of such certificates. The certificates shall recite that
2922they are payable only from the special assessments levied and
2923collected from the part or parcel of land or property against
2924which they are issued. The proceeds of such certificates may be
2925pledged for the payment of principal of and interest on any
2926revenue bonds or general obligation bonds issued to finance in
2927whole or in part such assessable improvement, or, if not so
2928pledged, may be used to pay the cost or part of the cost of such
2929assessable improvements.
2930     (b)  The District may also issue assessment bonds, revenue
2931bonds, or other obligations payable from a special fund into
2932which such certificates of indebtedness referred to in the
2933preceding subsection may be deposited or, if such certificates
2934of indebtedness have not been issued, the District may assign to
2935such special fund for the benefit of the holders of such
2936assessment bonds or other obligations, or to a trustee for such
2937bondholders, the assessment liens provided for in this act
2938unless such certificates of indebtedness or assessment liens
2939have been theretofore pledged for any bonds or other obligations
2940authorized hereunder. In the event of the creation of such
2941special fund and the issuance of such assessment bonds or other
2942obligations, the proceeds of such certificates of indebtedness
2943or assessment liens deposited therein shall be used only for the
2944payment of the assessment bonds or other obligations issued as
2945provided in this section. The District is authorized to covenant
2946with the holders of such assessment bonds, revenue bonds, or
2947other obligations that it will diligently and faithfully enforce
2948and collect all the special assessments, and interest and
2949penalties thereon, for which such certificates of indebtedness
2950or assessment liens have been deposited in or assigned to such
2951fund; to foreclose such assessment liens so assigned to such
2952special fund or represented by the certificates of indebtedness
2953deposited in the special fund, after such assessment liens have
2954become delinquent, and deposit the proceeds derived from such
2955foreclosure, including interest and penalties, in such special
2956fund; and to make any other covenants deemed necessary or
2957advisable in order to properly secure the holders of such
2958assessment bonds or other obligations.
2959     (c)  The assessment bonds, revenue bonds, or other
2960obligations issued pursuant to this section shall have such
2961dates of issue and maturity as shall be deemed advisable by the
2962board; however, the maturities of such assessment bonds or other
2963obligations shall not be more than 2 years after the due date of
2964the last installment which will be payable on any of the special
2965assessments for which such assessment liens, or the certificates
2966of indebtedness representing such assessment liens, are assigned
2967to or deposited in such special fund.
2968     (d)  Such assessment bonds, revenue bonds, or other
2969obligations issued under this section shall bear such interest
2970as the board may determine, not to exceed the maximum rate
2971allowed by general law, and shall be executed, shall have such
2972provisions for redemption prior to maturity, shall be sold in
2973the manner, and shall be subject to all of the applicable
2974provisions contained in this act for revenue bonds, except as
2975the same may be inconsistent with the provisions of this
2976section.
2977     (e)  All assessment bonds, revenue bonds, or other
2978obligations issued under the provisions of this section shall
2979be, shall constitute, and shall have all the qualities and
2980incidents of negotiable instruments under the law merchant and
2981the laws of the state.
2982     (15)  TAX LIENS.--All taxes of the District provided for in
2983this act, except together with all penalties for default in the
2984payment of the same and all costs in collecting the same,
2985including a reasonable attorney's fee fixed by the court and
2986taxed as a cost in the action brought to enforce payment, shall,
2987from January 1 for each year the property is liable to
2988assessment and until paid, constitute a lien of equal dignity
2989with the liens for state and county taxes and other taxes of
2990equal dignity with state and county taxes upon all the lands
2991against which such taxes shall be levied. A sale of any of the
2992real property within the District for state and county or other
2993taxes shall not operate to relieve or release the property so
2994sold from the lien for subsequent District taxes or installments
2995of District taxes, which lien may be enforced against such
2996property as though no such sale thereof had been made. In
2997addition to, and not in limitation of, the preceding sentence,
2998for purposes of section 197.552, Florida Statutes, the lien of
2999all special assessments levied by the District shall constitute
3000a lien of record held by a municipal or county governmental
3001unit. The provisions of sections 194.171, 197.122, 197.333, and
3002197.432, Florida Statutes, shall be applicable to District taxes
3003with the same force and effect as if such provisions were
3004expressly set forth in this act.
3005     (16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
3006DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
3007     (a)  The District shall have the power and right to:
3008     1.  Pay any delinquent state, county, District, municipal,
3009or other tax or assessment upon lands located wholly or
3010partially within the boundaries of the District.
3011     2.  Redeem or purchase any tax sales certificates issued or
3012sold on account of any state, county, District, municipal, or
3013other taxes or assessments upon lands located wholly or
3014partially within the boundaries of the District.
3015     (b)  Delinquent taxes paid, or tax sales certificates
3016redeemed or purchased, by the District, together with all
3017penalties for the default in payment of the same and all costs
3018in collecting the same and a reasonable attorney's fee, shall
3019constitute a lien in favor of the District of equal dignity with
3020the liens of state and county taxes and other taxes of equal
3021dignity with state and county taxes upon all the real property
3022against which the taxes were levied. The lien of the District
3023may be foreclosed in the manner provided in this act.
3024     (c)  In any sale of land pursuant to section 197.542,
3025Florida Statutes, as may be amended from time to time, the
3026District may certify to the clerk of the circuit court of the
3027county holding such sale the amount of taxes due to the District
3028upon the lands sought to be sold, and the District shall share
3029in the disbursement of the sales proceeds in accordance with the
3030provisions of this act and under the laws of the state.
3031     (17)  FORECLOSURE OF LIENS.--Any lien in favor of the
3032District arising under this act may be foreclosed by the
3033District by foreclosure proceedings in the name of the District
3034in a court of competent jurisdiction as provided by general law
3035in like manner as is provided in chapter 173, Florida Statutes,
3036and amendments thereto and the provisions of that chapter shall
3037be applicable to such proceedings with the same force and effect
3038as if those provisions were expressly set forth in this act. Any
3039act required or authorized to be done by or on behalf of a
3040municipality in foreclosure proceedings under chapter 173,
3041Florida Statutes, may be performed by such officer or agent of
3042the District as the Board of Supervisors may designate. Such
3043foreclosure proceedings may be brought at any time after the
3044expiration of 1 year from the date any tax, or installment
3045thereof, becomes delinquent; however, no lien shall be
3046foreclosed against any political subdivision or agency of the
3047state. Other legal remedies shall remain available.
3048     (18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
3049FACILITIES, AND SERVICES.--To the full extent permitted by law,
3050the District shall require all lands, buildings, premises,
3051persons, firms, and corporations within the District to use the
3052water management and control facilities and water and sewer
3053facilities of the District.
3054     (19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
3055PROVISIONS REQUIRED.--
3056     (a)  No contract shall be let by the board for any goods,
3057supplies, or materials to be purchased when the amount thereof
3058to be paid by the District shall exceed the amount provided in
3059section 287.017, Florida Statutes, as amended from time to time,
3060for category four, unless notice of bids shall be advertised
3061once in a newspaper in general circulation in either Manatee
3062County or Sarasota County. Any board seeking to construct or
3063improve a public building, structure, or other public works
3064shall comply with the bidding procedures of section 255.20,
3065Florida Statutes, as amended from time to time, and other
3066applicable general law. In each case, the bid of the lowest
3067responsive and responsible bidder shall be accepted unless all
3068bids are rejected because the bids are too high or the board
3069determines it is in the best interests of the District to reject
3070all bids. The board may require the bidders to furnish bond with
3071a responsible surety to be approved by the board. Nothing in
3072this section shall prevent the board from undertaking and
3073performing the construction, operation, and maintenance of any
3074project or facility authorized by this act by the employment of
3075labor, material, and machinery.
3076     (b)  The provisions of the Consultants' Competitive
3077Negotiation Act, section 287.055, Florida Statutes, apply to
3078contracts for engineering, architecture, landscape architecture,
3079or registered surveying and mapping services let by the board.
3080     (c)  Contracts for maintenance services for any District
3081facility or project shall be subject to competitive bidding
3082requirements when the amount thereof to be paid by the District
3083exceeds the amount provided in section 287.017, Florida
3084Statutes, as amended from time to time, for category four. The
3085District shall adopt rules, policies, or procedures establishing
3086competitive bidding procedures for maintenance services.
3087Contracts for other services shall not be subject to competitive
3088bidding unless the District adopts a rule, policy, or procedure
3089applying competitive bidding procedures to said contracts.
3090Nothing herein shall preclude the use of requests for proposal
3091instead of invitations to bid as determined by the District to
3092be in its best interest.
3093     (20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
3094AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
3095     (a)  The District is authorized to prescribe, fix,
3096establish, and collect rates, fees, rentals, or other charges,
3097hereinafter sometimes referred to as "revenues," and to revise
3098the same from time to time, for the systems, facilities, and
3099services furnished by the District, within the limits of the
3100District, including, but not limited to, recreational
3101facilities, water management and control facilities, and water
3102and sewer systems; to recover the costs of making connection
3103with any District service, facility, or system; and to provide
3104for reasonable penalties against any user or property for any
3105such rates, fees, rentals, or other charges that are delinquent.
3106     (b)  No such rates, fees, rentals, or other charges for any
3107of the facilities or services of the District shall be fixed
3108until after a public hearing at which all the users of the
3109proposed facility or services or owners, tenants, or occupants
3110served or to be served thereby and all other interested persons
3111shall have an opportunity to be heard concerning the proposed
3112rates, fees, rentals, or other charges. Rates, fees, rentals,
3113and other charges shall be adopted under the administrative
3114rulemaking authority of the District, but shall not apply to
3115District leases. Notice of such public hearing setting forth the
3116proposed schedule or schedules of rates, fees, rentals, and
3117other charges shall have been published in newspapers of general
3118circulation in Manatee and Sarasota Counties at least once and
3119at least 10 days prior to such public hearing. The rulemaking
3120hearing may be adjourned from time to time. After such hearing,
3121such schedule or schedules, either as initially proposed or as
3122modified or amended, may be finally adopted. A copy of the
3123schedule or schedules of such rates, fees, rentals, or charges
3124as finally adopted shall be kept on file in an office designated
3125by the board and shall be open at all reasonable times to public
3126inspection. The rates, fees, rentals, or charges so fixed for
3127any class of users or property served shall be extended to cover
3128any additional users or properties thereafter served which shall
3129fall in the same class, without the necessity of any notice or
3130hearing.
3131     (c)  Such rates, fees, rentals, and charges shall be just
3132and equitable and uniform for users of the same class, and when
3133appropriate may be based or computed either upon the amount of
3134service furnished, upon the average number of persons residing
3135or working in or otherwise occupying the premises served, or
3136upon any other factor affecting the use of the facilities
3137furnished, or upon any combination of the foregoing factors, as
3138may be determined by the board on an equitable basis.
3139     (d)  The rates, fees, rentals, or other charges prescribed
3140shall be such as will produce revenues, together with any other
3141assessments, taxes, revenues, or funds available or pledged for
3142such purpose, at least sufficient to provide for the items
3143hereinafter listed, but not necessarily in the order stated:
3144     1.  To provide for all expenses of operation and
3145maintenance of such facility or service.
3146     2.  To pay when due all bonds and interest thereon for the
3147payment of which such revenues are, or shall have been, pledged
3148or encumbered, including reserves for such purpose.
3149     3.  To provide for any other funds which may be required
3150under the resolution or resolutions authorizing the issuance of
3151bonds pursuant to this act.
3152     (e)  The board shall have the power to enter into contracts
3153for the use of the projects of the District and with respect to
3154the services, systems, and facilities furnished or to be
3155furnished by the District.
3156     (21)  RECOVERY OF DELINQUENT CHARGES.--In the event that
3157any rates, fees, rentals, charges, or delinquent penalties shall
3158not be paid as and when due and shall be in default for 60 days
3159or more, the unpaid balance thereof and all interest accrued
3160thereon, together with reasonable attorney's fees and costs, may
3161be recovered by the District in a civil action.
3162     (22)  DISCONTINUANCE OF SERVICE.--In the event the fees,
3163rentals, or other charges for water and sewer services, or
3164either of them, are not paid when due, the board shall have the
3165power, under such reasonable rules and regulations as the board
3166may adopt, to discontinue and shut off both water and sewer
3167services until such fees, rentals, or other charges, including
3168interest, penalties, and charges for the shutting off and
3169discontinuance and the restoration of such water and sewer
3170services or both, are fully paid; and, for such purposes, the
3171board may enter on any lands, waters, or premises of any person,
3172firm, corporation, or body, public or private, within the
3173District limits. Such delinquent fees, rentals, or other
3174charges, together with interest, penalties, and charges for the
3175shutting off and discontinuance and the restoration of such
3176services and facilities and reasonable attorney's fees and other
3177expenses, may be recovered by the District, which may also
3178enforce payment of such delinquent fees, rentals, or other
3179charges by any other lawful method of enforcement.
3180     (23)  ENFORCEMENT AND PENALTIES.--The board or any
3181aggrieved person may have recourse to such remedies in law and
3182at equity as may be necessary to ensure compliance with the
3183provisions of this act, including injunctive relief to enjoin or
3184restrain any person violating the provisions of this act or any
3185bylaws, resolutions, regulations, rules, codes, or orders
3186adopted under this act. In case any building or structure is
3187erected, constructed, reconstructed, altered, repaired,
3188converted, or maintained, or any building, structure, land, or
3189water is used, in violation of this act or of any code, order,
3190resolution, or other regulation made under authority conferred
3191by this act or under law, the board or any citizen residing in
3192the District may institute any appropriate action or proceeding
3193to prevent such unlawful erection, construction, reconstruction,
3194alteration, repair, conversion, maintenance, or use; to
3195restrain, correct, or avoid such violation; to prevent the
3196occupancy of such building, structure, land, or water; and to
3197prevent any illegal act, conduct, business, or use in or about
3198such premises, land, or water.
3199     (24)  SUITS AGAINST THE DISTRICT.--Any suit or action
3200brought or maintained against the District for damages arising
3201out of tort, including, without limitation, any claim arising
3202upon account of an act causing an injury or loss of property,
3203personal injury, or death, shall be subject to the limitations
3204provided in section 768.28, Florida Statutes.
3205     (25)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
3206District property shall be exempt from levy and sale by virtue
3207of an execution, and no execution or other judicial process
3208shall issue against such property, nor shall any judgment
3209against the District be a charge or lien on its property or
3210revenues; however, nothing contained herein shall apply to or
3211limit the rights of bondholders to pursue any remedy for the
3212enforcement of any lien or pledge given by the District in
3213connection with any of the bonds or obligations of the District.
3214     (26)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
3215     (a)  The board may ask the Legislature through its local
3216legislative delegations in and for Manatee and Sarasota Counties
3217to amend this act to contract, to expand or to contract, and to
3218expand the boundaries of the District by amendment of this
3219section.
3220     (b)  The District shall remain in existence until:
3221     1.  The District is terminated and dissolved pursuant to
3222amendment to this act by the Florida Legislature.
3223     2.  The District has become inactive pursuant to section
3224189.4044, Florida Statutes.
3225     (27)  INCLUSION OF TERRITORY.--The inclusion of any or all
3226territory of the District within a municipality does not change,
3227alter, or affect the boundary, territory, existence, or
3228jurisdiction of the District.
3229     (28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
3230DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
3231District under this act, each contract for the initial sale of a
3232parcel of real property and each contract for the initial sale
3233of a residential unit within the District shall include,
3234immediately prior to the space reserved in the contract for the
3235signature of the purchaser, the following disclosure statement
3236in boldfaced and conspicuous type which is larger than the type
3237in the remaining text of the contract: "THE LAKEWOOD RANCH
3238STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,
3239OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
3240ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE
3241COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE
3242DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
3243DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY
3244AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
3245TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
3246     (29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
3247after the election of the first Board of Supervisors creating
3248this District, the District shall cause to be recorded in the
3249grantor-grantee index of the property records in each county in
3250which it is located a "Notice of Creation and Establishment of
3251the Lakewood Ranch Stewardship District." The notice shall, at a
3252minimum, include the legal description of the property covered
3253by this act.
3254     (30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,
3255facility, service, works, improvement, project, or other
3256infrastructure owned by the District, or funded by federal tax
3257exempt bonding issued by the District, is public; and the
3258District by rule may regulate, and may impose reasonable charges
3259or fees for, the use thereof but not to the extent that such
3260regulation or imposition of such charges or fees constitutes
3261denial of reasonable access.
3262     Section 7.  If any provision of this act is determined
3263unconstitutional or otherwise determined invalid by a court of
3264law, all the rest and remainder of the act shall remain in full
3265force and effect as the law of this state.
3266     Section 8.  This act shall take effect upon becoming a law,
3267except that the provisions of this act which authorize the levy
3268of ad valorem taxation shall take effect only upon express
3269approval by a majority vote of those qualified electors of the
3270Lakewood Ranch Stewardship District, as required by Section 9 of
3271Article VII of the State Constitution, voting in a referendum
3272election held at such time as all members of the board are
3273qualified electors who are elected by qualified electors of the
3274district as provided in this act.


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