Senate Bill sb2720

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    Florida Senate - 2005        (NP)                      SB 2720

    By Senator Bennett





    21-1521A-05                                        See HB 1429

  1                      A bill to be entitled

  2         An act relating to Manatee and Sarasota

  3         Counties; creating within portions of such

  4         counties the "Lakewood Ranch Stewardship

  5         District Act"; providing a popular name;

  6         providing legislative findings and intent;

  7         providing definitions; stating legislative

  8         policy regarding creation of the district;

  9         establishing compliance with minimum

10         requirements in s. 189.404(3), F.S., for

11         creation of an independent special district;

12         providing for creation and establishment of the

13         district; establishing the legal boundaries of

14         the district; providing for the jurisdiction

15         and charter of the district; providing for a

16         board of supervisors and establishing

17         membership criteria and election procedures;

18         providing for board members' terms of office;

19         providing for board meetings; providing for

20         administrative duties of the board; providing a

21         method for transition of the board from

22         landowner control to control by the resident

23         electors of the district; providing for a

24         district manager and district personnel;

25         providing for a district treasurer, selection

26         of a public depository, and district budgets

27         and financial reports; providing for the

28         general powers of the district; providing for

29         the special powers of the district to plan,

30         finance, and provide community infrastructure

31         and services within the district; providing

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         that the exercise of the special powers by the

 2         district within Manatee and Sarasota Counties

 3         is limited until such time as the district

 4         enters into an interlocal agreement with the

 5         respective county; providing for required

 6         notices to purchasers of residential units

 7         within the district; providing severability;

 8         providing for a referendum; providing an

 9         effective date.

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  This act may be cited as the "Lakewood

14  Ranch Stewardship District Act."

15         Section 2.  Legislative findings and intent;

16  definitions; policy.--

17         (1)  LEGISLATIVE FINDINGS AND INTENT.--

18         (a)  The extensive lands located within both Manatee

19  and Sarasota Counties and covered by this act contain many

20  opportunities for thoughtful, comprehensive, environmentally

21  responsible, and consistent development over a long period.

22         (b)  There is a particular special need to use a

23  specialized and limited single-purpose independent special

24  district unit of local government for the Lakewood Ranch lands

25  located within Sarasota and Manatee Counties and covered by

26  this act to prevent urban sprawl by providing sustaining and

27  freestanding infrastructure and by preventing needless and

28  counterproductive community development when the existing

29  urban area is not yet developed, and to prevent the needless

30  duplication, fragmentation, and proliferation of local

31  government services in a proposed land use area.

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (c)  Management of conservation, environmental,

 2  agricultural, and economic challenges and opportunities in the

 3  Lakewood Ranch area transcends the boundaries and

 4  responsibilities of both private landowners and individual

 5  units of government.

 6         (d)  There is a considerably long period of time during

 7  which there is an inordinate burden on the initial landowners

 8  of these Lakewood Ranch lands, such that there is a need for

 9  flexible management, sequencing, timing, and financing of the

10  various systems, facilities, and services to be provided to

11  these lands, taking into consideration absorption rates,

12  commercial viability, and related factors.

13         (e)  While chapter 190, Florida Statutes, provides an

14  opportunity for community development services and facilities

15  to be provided by the establishment of community development

16  districts in a manner that furthers the public interest,

17  current general law prohibits the establishment of a community

18  development district transcending county boundaries. Given the

19  vast nature of the lands covered by this act and the

20  potentially long-term nature of its development, establishing

21  multiple community development districts over these lands

22  would result in an inefficient, duplicative, and needless

23  proliferation of local special purpose government, contrary to

24  the public interest and the Legislature's findings in chapter

25  190, Florida Statutes. Instead, it is in the public interest

26  that the long-range provision for, and management, financing,

27  and long-term maintenance, upkeep, and operation of, services

28  and facilities to be provided for ultimate development of the

29  lands covered by this act be under one coordinated entity.

30         (f)  Longer involvement of the initial landowner with

31  regard to the provision of systems, facilities, and services

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  for the Lakewood Ranch lands, coupled with a severely limited

 2  and highly specialized single purpose of the District is in

 3  the public interest.

 4         (g)  Any public or private system to provide

 5  infrastructure improvements, systems, facilities, and services

 6  to these lands must be focused on an unfettered, highly

 7  specialized, innovative, responsive, and accountable mechanism

 8  to provide the components of infrastructure at sustained

 9  levels of high quality over the long term only when and as

10  needed for such a unique community in such a unique area.

11         (h)  There is a need to coincide the use and special

12  attributes of various public and private alternatives for the

13  provision of infrastructure to such a community development,

14  including the limited, flexible, focused, and locally

15  accountable management and related financing capabilities of

16  independent special purpose local government.

17         (i)  The existence and use of such a limited

18  specialized single purpose local government for the Lakewood

19  Ranch lands, subject to the respective county comprehensive

20  plans, will: result in a high propensity to provide for

21  orderly development and prevent urban sprawl; protect and

22  preserve environmental, conservation, and agricultural uses

23  and assets; enhance the market value for both present and

24  future landowners of the property consistent with the need to

25  protect private property; enhance the net economic benefit to

26  the Sarasota and Manatee Counties area, including an enhanced

27  and well-maintained tax base to the benefit of all present and

28  future taxpayers in Sarasota and Manatee Counties; and result

29  in the sharing of costs of providing certain systems,

30  facilities, and services in an innovative, sequential, and

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  flexible manner within the developing area to be serviced by

 2  the District.

 3         (j)  The creation and establishment of the District

 4  will encourage local government financial self-sufficiency in

 5  providing public facilities and in identifying and

 6  implementing physically sound, innovative, and cost-effective

 7  techniques to provide and finance public facilities while

 8  encouraging development, use, and coordination of capital

 9  improvement plans by all levels of government, pursuant to

10  chapter 187, Florida Statutes.

11         (k)  The creation and establishment of the District

12  will encourage and enhance cooperation among communities that

13  have unique assets, irrespective of political boundaries, to

14  bring the private and public sectors together for establishing

15  an orderly and environmentally and economically sound plan for

16  current and future needs and growth.

17         (l)  The creation and establishment of the District is

18  a legitimate alternative method available to manage, own,

19  operate, construct, and finance capital infrastructure

20  systems, facilities, and services.

21         (m)  In order to be responsive to the critical timing

22  required through the exercise of its special management

23  functions, an independent district requires financing of those

24  functions, including bondable lienable and nonlienable

25  revenue, with full and continuing public disclosure and

26  accountability, funded by landowners, both present and future,

27  and funded also by users of the systems, facilities, and

28  services provided to the land area by the District, without

29  unduly burdening the taxpayers and citizens of the state,

30  Sarasota County, Manatee County, or any municipality therein.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (n)  The District created and established by this act

 2  shall not have or exercise any comprehensive planning, zoning,

 3  or development permitting power; the establishment of the

 4  District shall not be considered a development order within

 5  the meaning of chapter 380, Florida Statutes; and all

 6  applicable planning and permitting laws, rules, regulations,

 7  and policies of Sarasota and Manatee Counties control the

 8  development of the land to be serviced by the District.

 9         (o)  The creation by this act of the Lakewood Ranch

10  Stewardship District is not inconsistent with either the

11  Sarasota County or the Manatee County comprehensive plan.

12         (p)  It is the legislative intent and purpose that no

13  debt or obligation of the District constitute a burden on any

14  local general-purpose government without its consent.

15         (2)  DEFINITIONS.--As used in this act:

16         (a)  "Ad valorem bonds" means bonds which are payable

17  from the proceeds of ad valorem taxes levied on real and

18  tangible personal property and which are generally referred to

19  as general obligation bonds.

20         (b)  "Assessable improvements" means, without

21  limitation, any and all public improvements and community

22  facilities that the District is empowered to provide in

23  accordance with this act that provide a special benefit to

24  property within the District.

25         (c)  "Assessment bonds" means special obligations of

26  the District which are payable solely from proceeds of the

27  special assessments or benefit special assessments levied for

28  assessable improvements, provided that, in lieu of issuing

29  assessment bonds to fund the costs of assessable improvements,

30  the District may issue revenue bonds for such purposes payable

31  from special assessments.

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (d)  "Assessments" means those nonmillage District

 2  assessments which include special assessments, benefit special

 3  assessments, and maintenance special assessments and a

 4  nonmillage, non-ad valorem maintenance tax if authorized by

 5  general law.

 6         (e)  "Lakewood Ranch Stewardship District" means the

 7  unit of special and single purpose local government created

 8  and chartered by this act, including the creation of its

 9  charter, and limited to the performance, in implementing its

10  single purpose, of those general and special powers authorized

11  by its charter under this act, the boundaries of which are set

12  forth by the act, the governing head of which is created and

13  authorized to operate with legal existence by this act, and

14  the purpose of which is as set forth in this act.

15         (f)  "Benefit special assessments" are District

16  assessments imposed, levied, and collected pursuant to the

17  provisions of section 6(12)(b).

18         (g)  "Board of Supervisors" or "board" means the

19  governing board of the District or, if such board has been

20  abolished, the board, body, or commission assuming the

21  principal functions thereof or to whom the powers given to the

22  board by this act have been given by law.

23         (h)  "Bond" includes "certificate," and the provisions

24  that are applicable to bonds are equally applicable to

25  certificates. The term "bond" includes any general obligation

26  bond, assessment bond, refunding bond, revenue bond, and other

27  such obligation in the nature of a bond as is provided for in

28  this act.

29         (i)  "Cost" or "costs," when used with reference to any

30  project, includes, but is not limited to:

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         1.  The expenses of determining the feasibility or

 2  practicability of acquisition, construction, or

 3  reconstruction.

 4         2.  The cost of surveys, estimates, plans, and

 5  specifications.

 6         3.  The cost of improvements.

 7         4.  Engineering, fiscal, and legal expenses and

 8  charges.

 9         5.  The cost of all labor, materials, machinery, and

10  equipment.

11         6.  The cost of all lands, properties, rights,

12  easements, and franchises acquired.

13         7.  Financing charges.

14         8.  The creation of initial reserve and debt service

15  funds.

16         9.  Working capital.

17         10.  Interest charges incurred or estimated to be

18  incurred on money borrowed prior to and during construction

19  and acquisition and for such reasonable period of time after

20  completion of construction or acquisition as the board may

21  determine.

22         11.  The cost of issuance of bonds pursuant to this

23  act, including advertisements and printing.

24         12.  The cost of any bond or tax referendum held

25  pursuant to this act and all other expenses of issuance of

26  bonds.

27         13.  The discount, if any, on the sale or exchange of

28  bonds.

29         14.  Administrative expenses.

30         15.  Such other expenses as may be necessary or

31  incidental to the acquisition, construction, or reconstruction

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  of any project, or to the financing thereof, or to the

 2  development of any lands within the District.

 3         16.  Payments, contributions, dedications, and any

 4  other exactions required as a condition of receiving any

 5  governmental approval or permit necessary to accomplish any

 6  District purpose.

 7         (j)  "District" means the Lakewood Ranch Stewardship

 8  District.

 9         (k)  "District manager" means the manager of the

10  District.

11         (l)  "District roads" means highways, streets, roads,

12  alleys, sidewalks, landscaping, storm drains, bridges, and

13  thoroughfares of all kinds.

14         (m)  "General obligation bonds" means bonds which are

15  secured by, or provide for their payment by, the pledge of the

16  full faith and credit and taxing power of the District, in

17  addition to those special taxes levied for their discharge and

18  such other sources as may be provided for their payment or

19  pledged as security under the resolution authorizing their

20  issuance, and for payment of which recourse may be had against

21  the general fund of the District.

22         (n)  "Governing board member" means any member of the

23  Board of Supervisors.

24         (o)  "Land development regulations" means those

25  regulations of general purpose local government, adopted under

26  the Florida Local Government Comprehensive Planning and Land

27  Development Regulation Act, codified as part II of chapter

28  163, Florida Statutes, to which the District is subject and as

29  to which the District may not do anything that is

30  inconsistent. Land development regulations shall not mean

31  specific management, engineering, planning, and other criteria

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  and standards needed in the daily management, implementation,

 2  and provision by the District of systems, facilities,

 3  services, works, improvements, projects, or infrastructure,

 4  including design criteria and standards, so long as they

 5  remain subject to and are not inconsistent with the applicable

 6  land development regulations.

 7         (p)  "Landowner" means the owner of a freehold estate

 8  as it appears on the deed record, including a trustee, a

 9  private corporation, and an owner of a condominium unit.

10  "Landowner" does not include a reversioner, remainderman,

11  mortgagee, or any governmental entity, who shall not be

12  counted and need not be notified of proceedings under this

13  act. "Landowner" also means the owner of a ground lease from a

14  governmental entity, which leasehold interest has a remaining

15  term, excluding all renewal options, in excess of 50 years.

16         (q)  "General-purpose local government" means a county,

17  municipality, or consolidated city-county government.

18         (r)  "Maintenance special assessments" are assessments

19  imposed, levied, and collected pursuant to the provisions of

20  section 6(12)(d).

21         (s)  "Non-ad valorem assessment" means only those

22  assessments which are not based upon millage and which can

23  become a lien against a homestead as permitted in s. 4, Art. X

24  of the State Constitution. 

25         (t)  "Powers" means powers used and exercised by the

26  Board of Supervisors to accomplish the single, limited, and

27  special purpose of the District, including:

28         1.  "General powers," which means those organizational

29  and administrative powers of the District as provided in its

30  charter in order to carry out its single special purpose as a

31  local government public corporate body politic.

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         2.  "Special powers," which means those powers

 2  enumerated by the District charter to implement its

 3  specialized systems, facilities, services, projects,

 4  improvements, and infrastructure and related functions in

 5  order to carry out its single specialized purpose.

 6         3.  Any other powers, authority, or functions set forth

 7  in this act.

 8         (u)  "Project" means any development, improvement,

 9  property, power, utility, facility, enterprise, service,

10  system, works, or infrastructure now existing or hereafter

11  undertaken or established under the provisions of this act.

12         (v)  "Qualified elector" means any person at least 18

13  years of age who is a citizen of the United States and a legal

14  resident of the state and of the District and who registers to

15  vote with the Supervisor of Elections in either Manatee County

16  or Sarasota County and resides in either Manatee County or

17  Sarasota County.

18         (w)  "Refunding bonds" means bonds issued to refinance

19  outstanding bonds of any type and the interest and redemption

20  premium thereon. Refunding bonds shall be issuable and payable

21  in the same manner as refinanced bonds, except that no

22  approval by the electorate shall be required unless required

23  by the State Constitution.

24         (x)  "Revenue bonds" means obligations of the District

25  that are payable from revenues, including, but not limited to,

26  special assessments and benefit special assessments, derived

27  from sources other than ad valorem taxes on real or tangible

28  personal property and that do not pledge the property, credit,

29  or general tax revenue of the District.

30         (y)  "Sewer system" means any plant, system, facility,

31  or property, and additions, extensions, and improvements

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  thereto at any future time constructed or acquired as part

 2  thereof, useful or necessary or having the present capacity

 3  for future use in connection with the collection, treatment,

 4  purification, or disposal of sewage, including, but not

 5  limited to, industrial wastes resulting from any process of

 6  industry, manufacture, trade, or business or from the

 7  development of any natural resource. Sewer system also

 8  includes treatment plants, pumping stations, lift stations,

 9  valves, force mains, intercepting sewers, laterals, pressure

10  lines, mains, and all necessary appurtenances and equipment;

11  all sewer mains, laterals, and other devices for the reception

12  and collection of sewage from premises connected therewith;

13  and all real and personal property and any interest therein,

14  and rights, easements, and franchises of any nature relating

15  to any such system and necessary or convenient for operation

16  thereof.

17         (z)  "Special assessments" shall mean assessments as

18  imposed, levied, and collected by the District for the costs

19  of  assessable improvements pursuant to the provisions of this

20  act, chapter 170, Florida Statutes, and the additional

21  authority under section 197.3631, Florida Statutes, or other

22  provisions of general law, now or hereinafter enacted, which

23  provide or authorize a supplemental means to impose, levy, or

24  collect special assessments.

25         (aa)  "Taxes" or "tax" means those levies and

26  impositions of the Board of Supervisors that support and pay

27  for government and the administration of law and that may be:

28         1.  Ad valorem or property taxes based upon both the

29  appraised value of property and millage, at a rate uniform

30  within the jurisdiction; or

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         2.  If and when authorized by general law, non-ad

 2  valorem maintenance taxes not based on millage that are used

 3  to maintain District systems, facilities, and services.

 4         (bb)  "Water system" means any plant, system, facility,

 5  or property, and any addition, extension, or improvement

 6  thereto at any future time constructed or acquired as a part

 7  thereof, useful, necessary, or having the present capacity for

 8  future use in connection with the development of sources,

 9  treatment, purification, or distribution of water. "Water

10  system" also includes dams, reservoirs, storage tanks, mains,

11  lines, valves, pumping stations, laterals, and pipes for the

12  purpose of carrying water to the premises connected with such

13  system, and all rights, easements, and franchises of any

14  nature relating to any such system and necessary or convenient

15  for the operation thereof.

16         (3)  POLICY.--Based upon its findings, ascertainments,

17  determinations, intent, purpose, and definitions, the

18  Legislature states its policy expressly:

19         (a)  The District and the District charter, with its

20  general and special powers, as created in this act, are

21  essential and the best alternative for the residential,

22  commercial, and other community uses, projects, or functions

23  in the included portions of Sarasota and Manatee Counties

24  consistent with the effective comprehensive plans and designed

25  to serve a lawful public purpose.

26         (b)  The District, which is a local government and a

27  political subdivision, is limited to its special purpose as

28  expressed in this act, with the power to provide, plan,

29  implement, construct, maintain, and finance as a local

30  government management entity its systems, facilities,

31  services, improvements, infrastructure, and projects and

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  possessing financing powers to fund its management power over

 2  the long term and with sustained levels of high quality.

 3         (c)  The creation of the Lakewood Ranch Stewardship

 4  District by and pursuant to this act, and its exercise of its

 5  management and related financing powers to implement its

 6  limited, single, and special purpose, is not a development

 7  order and does not trigger or invoke any provision within the

 8  meaning of chapter 380, Florida Statutes, and all applicable

 9  governmental planning, environmental, and land development

10  laws, regulations, rules, policies, and ordinances apply to

11  all development of the land within the jurisdiction of the

12  District as created by this act.

13         (d)  The District shall operate and function subject

14  to, and not inconsistent with, the applicable comprehensive

15  plans of either Manatee County or Sarasota County and any

16  applicable development orders, zoning regulations, or other

17  land development regulations.

18         (e)  The special and single purpose Lakewood Ranch

19  Stewardship District shall not have the power of a

20  general-purpose local government to adopt a comprehensive plan

21  or related land development regulation as those terms are

22  defined in the Florida Local Government Comprehensive Planning

23  and Land Development Regulation Act.

24         (f)  This act may be amended, in whole or in part, only

25  by special act of the Legislature. No amendment to this act

26  that alters the District boundaries or the special powers of

27  the District may be considered by the Legislature unless it is

28  accompanied by a resolution or official statement as provided

29  for in section 189.404(2)(e)4., Florida Statutes. However, if

30  an amendment alters the District boundaries in only one

31  county, or affects the District's special powers in only one

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  county, it shall be necessary to secure the resolution or

 2  statement from only the affected county.

 3         Section 3.  Minimum charter requirements; creation and

 4  establishment; jurisdiction; construction; charter with legal

 5  description.--

 6         (1)  Pursuant to section 189.404(3), Florida Statutes,

 7  the Legislature sets forth that the minimum requirements in

 8  paragraphs (a) through (o) have been met in the identified

 9  provisions of this act as follows:

10         (a)  The purpose of the District is stated in the act

11  in subsection (4) and in section 2(3).

12         (b)  The powers, functions, and duties of the District

13  regarding ad valorem taxation, bond issuance, other

14  revenue-raising capabilities, budget preparation and approval,

15  liens and foreclosure of liens, use of tax deeds and tax

16  certificates as appropriate for non-ad valorem assessments,

17  and contractual agreements are set forth in section 6.

18         (c)  The provisions for methods for establishing the

19  District are in this section.

20         (d)  The methods for amending the charter of the

21  District are set forth in section 2.

22         (e)  The provisions for the membership and organization

23  of the governing board and the establishment of a quorum are

24  in section 5.

25         (f)  The provisions regarding maximum compensation of

26  each board member are in section 5.

27         (g)  The provisions regarding the administrative duties

28  of the governing board are found in sections 5 and 6.

29         (h)  The provisions applicable to financial disclosure,

30  noticing, and reporting requirements generally are set forth

31  in sections 5 and 6.

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (i)  The provisions regarding procedures and

 2  requirements for issuing bonds are set forth in section 6.

 3         (j)  The provisions regarding elections or referenda

 4  and the qualifications of an elector of the District are in

 5  sections 2 and 5.

 6         (k)  The provisions regarding methods for financing the

 7  District are generally in section 6.

 8         (l)  Other than taxes levied for the payment of bonds

 9  and taxes levied for periods not longer than 2 years when

10  authorized by vote of the electors of the District, the

11  provisions for the authority to levy ad valorem tax and the

12  authorized millage rate are in section 6.

13         (m)  The provisions for the method or methods of

14  collecting non-ad valorem assessments, fees, or service

15  charges are in section 6.

16         (n)  The provisions for planning requirements are in

17  this section and section 6.

18         (o)  The provisions for geographic boundary limitations

19  of the District are set forth in sections 4 and 6.

20         (2)  The Lakewood Ranch Stewardship District, which

21  also may be referred to as the "Stewardship District,"

22  "Lakewood Ranch District," or "District," is created and

23  incorporated as a public body corporate and politic, an

24  independent, limited, special purpose local government, an

25  independent special district, under section 189.404, Florida

26  Statutes, as amended from time to time, and as defined in this

27  act and in section 189.403(3), Florida Statutes, as amended

28  from time to time, in and for portions of Manatee and Sarasota

29  Counties. Any amendments to chapter 190, Florida Statutes,

30  after January 1, 2005, granting additional general powers,

31  special powers, authorities, or projects to a community

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  development district by amendment to its uniform charter,

 2  sections 190.006-190.041, Florida Statutes, shall constitute a

 3  general power, special power, authority, or function of the

 4  Lakewood Ranch Stewardship District; provided, however, that

 5  the exercise of any of such additional powers within Manatee

 6  County or Sarasota County shall be subject to the requirement

 7  that the district execute or amend an interlocal agreement

 8  with Manatee County or Sarasota County, respectively,

 9  consenting to the exercise of any of such additional powers as

10  provided elsewhere in this act. All notices for the enactment

11  by the Legislature of this special act have been provided

12  pursuant to the State Constitution, the laws of Florida, and

13  the Rules of the Florida House of Representatives and of the

14  Florida Senate. No referendum subsequent to the effective date

15  of this act is required as a condition of establishing the

16  District. Therefore, the District, as created by this act, is

17  established on the property described in this act.

18         (3)  The territorial boundary of the District shall

19  embrace and include all of that certain real property

20  described legally in section 4.

21         (4)  The jurisdiction of this District, in the exercise

22  of its general and special powers, and in the carrying out of

23  its special purposes, is both within the external boundaries

24  of the legal description of this District and

25  extraterritorially when limited to, and as authorized

26  expressly elsewhere in, the charter of the District as created

27  in this act or applicable general law. This special purpose

28  District is created as a public body corporate and politic,

29  and local government authority and power is limited by its

30  charter, this act, and subject to the provisions of other

31  general laws, including chapter 189, Florida Statutes, except

                                  17

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  that an inconsistent provision in this act shall control and

 2  the District has jurisdiction to perform such acts and

 3  exercise such authorities, functions, and powers as shall be

 4  necessary, convenient, incidental, proper, or reasonable for

 5  the implementation of its limited, single, and specialized

 6  purpose regarding the sound planning, provision, acquisition,

 7  development, operation, maintenance, and related financing of

 8  those public systems, facilities, services, improvements,

 9  projects, and infrastructure works as authorized herein,

10  including those necessary and incidental thereto. The District

11  shall exercise any of its powers extraterritorially within

12  Manatee County only upon execution of an interlocal agreement

13  between the District and Manatee County consenting to the

14  District's exercise of any of such powers within Manatee

15  County. The District shall exercise any of its powers

16  extraterritorially within Sarasota County only upon execution

17  of an interlocal agreement between the district and Sarasota

18  County consenting to the District's exercise of any of such

19  powers within Sarasota County.

20         (5)  The exclusive charter of the "Lakewood Ranch

21  Stewardship District" is this act and, except as otherwise

22  provided in subsection (2) of this section, may be amended

23  only by special act of the Legislature.

24         Section 4.  Legal description of the Lakewood Ranch

25  Stewardship District.--

26  

27         LEGAL DESCRIPTION.  The metes and bounds legal

28         description of the District, within which there

29         are no parcels of property owned by those who

30         do not wish their property to be included

31         within the District, is as follows:

                                  18

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Section 29, Township 34 South, Range 19 East:

 2         That portion of Section 29, lying south of the

 3         right-of-way of State Road 64 and east of the

 4         record plat of Lakewood Ranch Commerce Park,

 5         Block C, recorded in Plat Book 38, Page 160

 6         through 163 of the Public Records of Manatee

 7         County, Florida;

 8         Section 31, Township 34 South, Range 19 East:

 9         That portion of the southeast quarter of

10         Section 31, lying east of Lakewood Ranch

11         Boulevard, a 120-foot wide Public Right-of-Way,

12         as recorded in Official Record Book 1429, Page

13         3703 Public Records of Manatee County, Florida;

14         also that portion of the southeast quarter of

15         said Section 31, lying west of said Lakewood

16         Ranch Boulevard, south of Lakewood Ranch

17         Commerce Park, Block B, recorded in Plat Book

18         36, Pages 71 through 77 of said Public Records

19         and east of the east line of the "Manatee

20         County Landfill" as described in Special

21         Warranty Deed to Manatee County, recorded in

22         Official Record Book 1166, Page 3590, Public

23         Records of Manatee County, Florida;

24         Section 32, Township 34 South, Range 19 East:

25         That portion of the west half of Section 32,

26         lying east of Lakewood Ranch Boulevard, a

27         120-foot wide Public Right-of-Way, as recorded

28         in Official Record Book 1429, Page 3703 of said

29         Public Records, less and except the record plat

30         of Lakewood Ranch Commerce Park, Block C,

31         recorded in Plat Book 38, Page 160 through 163

                                  19

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         of said Public Records, also less and except

 2         premises described in Special Warranty Deed to

 3         Lakewood Flex Properties Phase II, Inc,

 4         recorded in Official Record Book 1934, Page

 5         5505 Public Records of Manatee County, Florida;

 6         Also:

 7         The west half of the southeast quarter of said

 8         Section 32;

 9         Also:

10         The southeast quarter of the southeast quarter

11         of said Section 32, less and except premises

12         described in Special warranty Deed to Ashton

13         Associates of Sarasota, L.L.C., recorded in

14         Official Record Book 1888, Page 7567 Public

15         Records of Manatee County, Florida;

16         Also:

17         The northwest quarter of the northeast quarter

18         lying south of State Road 64, less and except

19         the east 100-feet described in Warranty Deed to

20         John D. Taylor and Beverly J. Taylor, recorded

21         in Official Record Book 1331, Page 0041 Public

22         Records of Manatee County, Florida;

23         Also:

24         That portion of the southwest quarter of the

25         northeast quarter being more particularly

26         described as follows:

27         Begin at the northwest corner of the southwest

28         quarter of the northeast quarter of said

29         Section 32; thence east, 466.8 feet along north

30         side of said 40 acre tract; thence south, 466.8

31         feet; thence west, 466.8 feet to west line of

                                  20

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         40 acre tract; thence north, 466.8 feet to the

 2         POINT OF BEGINNING;

 3         Also:

 4         That part of the southwest quarter of the

 5         northeast quarter of Section 32, Township 34

 6         South, Range 19 East, described as

 7         follows:  Commence at a concrete monument found

 8         marking the southwest corner of the southwest

 9         quarter of the northeast quarter of Section 32,

10         Township 34 South, Range 19 East, as occupied

11         by John D. Taylor & being the southwest corner

12         of that certain parcel of land as described in

13         Official Record Book 656 Page 103 of the Public

14         Records of Manatee County, Florida, for a POINT

15         OF BEGINNING; thence S.89°35'55"E., along the

16         south line of said southeast quarter of

17         northeast quarter, 290.77 feet; thence N. 00°

18         42' 08"E., parallel with the west line of said

19         southwest quarter of northeast quarter, 299.62

20         feet; thence N. 89°35'55"W. along the northerly

21         line of said land described in Official Record

22         Book  656 Page 103, a distance of 290.77 feet

23         to the intersection with the west line of said

24         southwest quarter of the northeast quarter;

25         thence S.00°42'"08W., along the west line of

26         said southwest quarter of the northeast

27         quarter, a distance of 299.62 feet to the POINT

28         OF BEGINNING, being & lying in the southwest

29         quarter of the northeast quarter of Section 32,

30         township 34 South, Range 19 East, Manatee

31         County, Florida;

                                  21

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Section 33, Township 34 South, Range 19 East:

 2         The east half, the northeast quarter of the

 3         northwest quarter, the northwest quarter of the

 4         northwest quarter, the southeast quarter of the

 5         northwest quarter, and the southwest quarter of

 6         the southwest quarter of Section 33, Township

 7         34 South, Range 19 East,

 8         Less:

 9         Road right-of-way for State Road 64 and less

10         that part of the above described property,

11         lying north and east of said State Road 64 as

12         described in Official Record Book 1095, Page

13         256;

14         Less:

15         Road right-of-way for Pope Road;

16         Less:

17         Premises described in Special Warranty Deed to

18         Roy F. Green, recorded in Official Record Book

19         1752, Page 4576;

20         Less:

21         Premises described in Special Warranty Deed to

22         Triko Enterprises, Inc, recorded in Official

23         Record Book 1407, Page 3313 and Official Record

24         Book 1752, Page 2251;

25         Less:

26         Premises described in Special Warranty Deed to

27         Peoples Gas System, recorded in Official Record

28         Book 1576, Page 4158;

29         Section 35, Township 34 South, Range 19 East:

30  

31  

                                  22

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         The south half of the northeast quarter, and

 2         the east half of the southeast quarter of

 3         Section 35, Township 34 South, Range 19 East;

 4         Less:

 5         Road right-of-way for State Road 64

 6         Section 36, Township 34 South, Range 19 East:

 7         The west half of the northeast quarter, the

 8         southeast quarter of the northeast quarter, the

 9         east half of the northwest quarter, and the

10         south half of Section 36, Township 34 South,

11         Range 19 East;

12         Less:

13         Road right-of-way for State Road 64

14         Section 1, Township 35 South, Range 19 East:

15         All of Section 1, Township 35 South, Range 19

16         East;

17         Less:

18         Road right-of-way for State Road 64

19         Section 2, Township 35 South, Range 19 East:

20         All of Section 2, Township 35 South, Range 19

21         East;

22         Less:

23         The northwest quarter of the northeast quarter,

24         the north half of the northwest quarter, and

25         road right-of-way for State Road 64;

26         Section 3, Township 35 South, Range 19 East:

27         The south half of the north half, the southeast

28         quarter of the southwest quarter, and the

29         southeast quarter of Section 3, Township 35

30         South, Range 19 East;

31         Less:

                                  23

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Road right-of-way for Lorraine Road

 2         Section 4, Township 35 South, Range 19 East:

 3         The northwest quarter of the northeast quarter,

 4         the south-half of the northeast quarter, the

 5         east half of the northeast quarter of the

 6         northwest quarter, the southeast quarter of the

 7         northwest quarter, the south-half of the

 8         southwest quarter of the northwest quarter, the

 9         north-half of the south-half, the southeast

10         quarter of the southwest quarter, and the south

11         half of the southeast quarter of Section 4,

12         Township 35 South, Range 19 East;

13         Less:

14         Premises described in Special Warranty Deed to

15         Ellenton Fruit Company, recorded in Official

16         Record Book 1472, Page 4620

17         Less:

18         Road right-of-way for Pope Road, recorded in

19         Road Plat Book 8, Pages 138 through 152

20         Section 5, Township 35 South, Range 19 East:

21         All of Section 5, Township 35 South, Range 19

22         East;

23         Less:

24         Right-of-way for Lakewood Ranch Boulevard, as recorded

25  in Official Record Book 1429, Page 3703 Public Records of

26  Manatee County, Florida;

27         Less:

28         A portion of premises described in Warranty

29         Deed to the County of Manatee, recorded in

30         Official Record Book 1540, Page 7900 of said

31         Public Records

                                  24

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Less:

 2         Road right-of-way for Pope Road, recorded in

 3         Road Plat Book 8, Pages 138 through 152

 4         Section 6, Township 35 South, Range 19 East:

 5         That portion of Section 6, Township 35 South,

 6         Range 19 East, lying easterly of east line of

 7         the "Manatee County Landfill", as described in

 8         Special Warranty Deed to Manatee County,

 9         recorded in Official Record Book 1166, Page

10         3590, Public Records of Manatee County,

11         Florida;

12         Less:

13         Right-of-way for Lakewood Ranch Boulevard, as

14         recorded in Official Record Book 1429, Page

15         3703 Public Records of Manatee County, Florida;

16         Less:

17         A portion of premises described in Warranty

18         Deed to the County of Manatee, recorded in

19         Official Record Book 1540, Page 7900 of said

20         Public Records

21         Section 7, Township 35 South, Range 19 East:

22         That portion of Section 7, Township 35 South,

23         Range 19 East, lying easterly of the easterly

24         right-of-way line of Lakewood Ranch Boulevard,

25         as recorded in Official Record Book 1429, Page

26         3703 Public Records of Manatee County, Florida;

27         Also:

28         That portion of Section 7, Township 35 South,

29         Range 19 East, lying southerly of the "Manatee

30         County Landfill", as described in Special

31         Warranty Deed to Manatee County, recorded in

                                  25

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Official Record Book 1166, Page 3590, of said

 2         Public Records and northerly of the southerly

 3         line of the proposed 44th Avenue, said 44th

 4         Avenue being more particularly described as

 5         follows:

 6         LEGAL DESCRIPTION OF PROPOSED 44 AVENUE

 7         RIGHT-OF-WAY (as prepared by the certifying

 8         Surveyor and Mapper):

 9         A tract lying in Sections 7 and 8, Township 35

10         South, Range 19 East, Manatee County, Florida

11         and described as follows:

12         Commence at the southwest corner of the North

13         1/2 of Section 17, Township 35 South, Range 19

14         East, also being the Southeast corner of the

15         North 1/2 of Section 18, Township 35 South,

16         Range 19 East; thence S.89°34'40"E., along the

17         South line of the North 1/2 of said Section 17,

18         a distance of 187.55 feet to the intersection

19         with the Westerly Right-of-way of Lakewood

20         Ranch Boulevard (formerly Upper Manatee River

21         Road Extension), a 120-foot wide public

22         right-of-way as recorded in Official Record

23         Book 1429, Page 3703 of the Public Records of

24         Manatee County, Florida, said point being on

25         the arc of a curve to the right, whose radius

26         point lies N.63°58'46"E., a radial distance of

27         2310.00 feet; thence run northwesterly, along

28         said westerly right-of-way for the following

29         five calls;  thence along the arc of said

30         curve, through a central angle of 23°42'37", a

31         distance of 955.93 feet to the point of

                                  26

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         tangency of said curve; thence N.02°18'37"W., a

 2         distance of 1736.20 feet to the intersection

 3         with the common section line to Sections 7 and

 4         18, Township 35 South, Range 19 East, said

 5         point lying N.88°45'31"W., 141.64 feet from the

 6         section corner common to said Sections 7 and

 7         18; thence continue N.02°18'37"W., a distance

 8         of 339.27 feet to the point of curvature of a

 9         curve to the right, having a radius of 4060.00

10         feet and a central angle of 06°59'18"; thence

11         run Northerly along the arc of said curve, a

12         distance of 495.20 feet to the point of

13         tangency of said curve; thence N.04°40'41"E., a

14         distance of 2,624.25 feet to the point of

15         curvature of a curve to the left having a

16         radius of 1,940.00 feet and a central angle of

17         26°40'32"; thence northerly along the arc of

18         said curve, an arc length of 903.21 feet to the

19         POINT OF BEGINNING; thence S.68°00'09"W., a

20         distance of 15.00 feet to a point on a curve to

21         the left, of which the radius point lies

22         S.68°00'09'W., a radial distance of 50.00 feet;

23         thence northwesterly along the arc of said

24         curve, through a central angle of 83°34'33", an

25         arc length of 72.93 feet to the point of

26         tangency of said curve; thence S.74°25'37"W., a

27         distance of 54.55 feet to the point of

28         curvature of a curve to the right having a

29         radius of 2,952.50 feet and a central angle of

30         12°46'49"; thence westerly along the arc of

31         said curve, an arc length of 658.58 feet to the

                                  27

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         end of said curve; thence N.02°47'34"W., along

 2         a line radial to the last described curve, a

 3         distance of 12.50 feet to the point of

 4         curvature of a non-tangent curve to the right,

 5         of which the radius point lies N.02°47'34"W., a

 6         radial distance of 2,940.00 feet; thence

 7         westerly along the arc of said curve, through a

 8         central angle of 24°02'05", an arc length of

 9         1,233.29 feet to the point of reverse curvature

10         of a curve to the left having a radius of

11         2,790.00 feet and a central angle of 31°26'50";

12         thence westerly along the arc of said curve, a

13         distance of 1,531.31 feet to the point of

14         reverse curvature of a curve to the right

15         having a radius of 2,940.00 feet and a central

16         angle of 15°52'03"; thence westerly along the

17         arc of said curve, a distance of 814.20 feet to

18         the northerly line of a 50-foot wide gas line

19         easement as recorded in Official Record Book

20         27, Page 220 and Official Record Book 396, Page

21         91 said public records; thence N.59°42'53"E.,

22         along said northerly line, a distance of 270.14

23         feet to the point of curvature of a non-tangent

24         curve to the left, of which the radius point

25         lies N.01°10'01"E., a radial distance of

26         2,790.00 feet; thence easterly along the arc of

27         said curve, through a central angle of

28         11°22'19", an arc length of 553.75 feet to the

29         point of reverse curvature of a curve to the

30         right having a radius of 2,940.00 feet and a

31         central angle of 31°26'50"; thence easterly

                                  28

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         along the arc of said curve, a distance of

 2         1,613.64 feet to the point of reverse curvature

 3         of a curve to the left having a radius of

 4         2,790.00 feet and a central angle of 24°02'05";

 5         thence easterly along the arc of said curve, a

 6         distance of 1,170.37 feet to the end of said

 7         curve; thence N.02°47'34"W., a distance of

 8         12.50 feet to the point of curvature of a

 9         non-tangent curve to the left, of which the

10         radius point lies N.02°47'34"W., a radial

11         distance of 2,777.50 feet; thence easterly

12         along the arc of said curve, through a central

13         angle of 12°46'49", an arc length of 619.55

14         feet to the point of tangency of said curve;

15         thence N.74°25'37"E., a distance of 12.28 feet

16         to the point of curvature of a curve to the

17         left having a radius of 50.00 feet and a

18         central angle of 55°27'02"; thence

19         northeasterly along the arc of said curve, an

20         arc length of 48.39 feet to a point on the

21         south line of Manatee County Pond Site Number

22         5, as recorded in Official Record Book 1528,

23         Page 7481 said public records; thence

24         S.87°35'31"E., along a line non-tangent to the

25         last described curve, being the south line of

26         said Pond Site Number 5, a distance of 30.72

27         feet to the westerly right-of-way line of the

28         aforementioned Lakewood Ranch Boulevard and the

29         point of curvature of a non-tangent curve to

30         the left, of which the radius point lies

31         N.66°15'14"E., a radial distance of 1,560.00

                                  29

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         feet; the following 2 calls are along said

 2         westerly right-of-way line; thence

 3         southeasterly along the arc of said curve,

 4         through a central angle of 02°50'31", an arc

 5         length of 77.38 feet to the point of reverse

 6         curvature of a curve to the right having a

 7         radius of 1,940.00 feet and a central angle of

 8         04°35'26"; thence southeasterly along the arc

 9         of said curve, a distance of 155.44 feet to the

10         POINT OF BEGINNING.

11         Said tract contains 650,151 square feet or

12         14.9254 acres, more or less.

13         Also:

14         A tract of land lying in Sections 7 and 8,

15         Township 35 South, Range 19 East, Manatee

16         County, Florida and described as follows:

17         Commence at the Southeast corner of Section 7,

18         Township 35 South, Range 19 East; thence

19         S.89°34'35"E., a distance of 4,650.84 feet;

20         thence N.00°25'25"E., a distance of 1,889.17

21         feet; thence S82°55'49"W, 912.79 feet to a

22         point of curvature; Thence 1,287.78 feet along

23         the arc of said curve to the left through a

24         central angle of 34°25'49", said curve having a

25         radius of 2,143.00 feet and being subtended by

26         a chord which bears S65°42'55"W, 1,268.49 feet

27         to a point of reverse curvature; Thence

28         1,575.57 feet along the arc of a curve to the

29         right through a central angle of 44°37'25",

30         said curve having a radius of 2,023.00 feet and

31         being subtended by a chord which bears

                                  30

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         S70°48'42"W, 1,536.04 feet to the point of

 2         tangency of said curve; Thence N86°52'35"W,

 3         1,131.57 feet to a point of curvature; Thence

 4         79.90 feet along the arc of said curve to the

 5         right through a central angle of 91°33'16",

 6         said curve having a radius of 50.00 feet and

 7         being subtended by a chord which bears

 8         N41°05'57"W, 71.66 feet to the point of

 9         tangency of said curve; said point being a

10         point on the east line of Lakewood Ranch

11         Boulevard as recorded in Official Record Book

12         1443, Page 4980 of the Public Records of

13         Manatee County, Florida; thence along said east

14         line of Lakewood Ranch Boulevard, N04°40'41"E,

15         1649.57 feet; Thence N85°19'19"W, 120.00 feet

16         to an intersection with the west line of said

17         Lakewood Ranch Boulevard and the POINT OF

18         BEGINNING; Thence S86°50'17"W, 227.27 feet;

19         Thence S40°02'37"W, 121.13 feet; Thence

20         S28°36'43"W, 108.34 feet; Thence S43°57'34"W,

21         79.62 feet; Thence S56°46'06"W, 71.21 feet;

22         Thence N22°59'39"W, 32.80 feet; Thence

23         S59°56'00"W, 91.50 feet; Thence S54°50'36"W,

24         42.43 feet; Thence S21°03'16"W, 42.67 feet;

25         Thence S64°33'59"W, 57.70 feet; Thence

26         S78°35'00"W, 52.83 feet; Thence S26°29'07"W,

27         28.22 feet; Thence S72°42'09"W, 41.01 feet;

28         Thence N88°04'14"W, 58.26 feet; Thence

29         N63°20'21"W, 61.49 feet; Thence N77°09'41"W,

30         34.90 feet; Thence N87°11'33"W, 50.79 feet;

31         Thence N88°21'13"W, 70.97 feet; Thence

                                  31

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         N59°06'15"W, 54.56 feet; Thence S87°08'17"W,

 2         75.46 feet; Thence N27°44'24"E, 782.09 feet;

 3         Thence N08°14'34"E, 859.88 feet; Thence

 4         N04°53'06"W, 605.45 feet to a point on the arc

 5         of a curve; Thence 552.19 feet along the arc of

 6         said curve to the left through a central angle

 7         of 10°42'56", said curve having a radius of

 8         2,952.50 feet and being subtended by a chord

 9         which bears N79°47'05"E, 551.38 feet to the

10         point of tangency of said curve; Thence

11         N74°25'37"E, 69.64 feet to a point of

12         curvature; Thence 72.98 feet along the arc of

13         said curve to the right through a central angle

14         of 83°37'55", said curve having a radius of

15         50.00 feet and being subtended by a chord which

16         bears S63°45'26"E, 66.67 feet to a point of

17         compound curvature; Thence 901.48 feet along

18         the arc of said curve to the right through a

19         central angle of 26°37'27", said curve having a

20         radius of 1,940.00 feet and being subtended by

21         a chord which bears S08°38'03"E, 893.39 feet;

22         Thence S04°40'41"W, 970.22 feet to the POINT OF

23         BEGINNING.

24         Containing 39.281 acres, more or less.

25         Less:

26         Right-of-way for Lakewood Ranch Boulevard, as

27         recorded in Official Record Book 1429, Page

28         3703 Public Records of Manatee County, Florida;

29         Less:

30         A portion of premises described in Warranty

31         Deed to the County of Manatee, recorded in

                                  32

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Official Record Book 1528, Page 7481 and

 2         Corrective Warranty Deed recorded in Official

 3         Record Book 1540, Page 7918 Public Records of

 4         Manatee County, Florida;

 5         Section 8, Township 35 South, Range 19 East:

 6         All of Section 8, Township 35 South, Range 19

 7         East;

 8         Less:

 9         Right-of-way for Lakewood Ranch Boulevard, as

10         recorded in Official Record Book 1429, Page

11         3703 Public Records of Manatee County, Florida;

12         Less:

13         A portion of premises described in Warranty

14         Deed to the County of Manatee, recorded in

15         Official Record Book 1528, Page 7481 and

16         Corrective Warranty Deed recorded in Official

17         Record Book 1540, Page 7918 Public Records of

18         Manatee County, Florida;

19         Section 9, Township 35 South, Range 19 East:

20         All of Section 9, Township 35 South, Range 19

21         East;

22         Section 10, Township 35 South, Range 19 East:

23         The north half and the southeast quarter of

24         Section 10, Township 35 South, Range 19 East;

25         Less:

26         Road right-of-way for Lorraine Road;

27         Section 11, Township 35 South, Range 19 East:

28         All of Section 11, Township 35 South, Range 19

29         East;

30         Section 12, Township 35 South, Range 19 East:

31  

                                  33

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         All of Section 12, Township 35 South, Range 19

 2         East;

 3         Section 13, Township 35 South, Range 19 East:

 4         All of Section 13, Township 35 South, Range 19

 5         East;

 6         Section 14, Township 35 South, Range 19 East:

 7         All of Section 14, Township 35 South, Range 19

 8         East;

 9         Section 15, Township 35 South, Range 19 East:

10         The east-half, the Southwest quarter of the

11         northwest quarter, the southeast quarter of the

12         southwest quarter, and the northeast quarter of

13         the southwest quarter of Section 15, Township

14         35 South, Range 19 East;

15         Less:

16         Road right-of-way for Lorraine Road and State

17         Road 70;

18         Less:

19         The northeast quarter of the southwest quarter

20         of the northwest quarter of Section 15,

21         Township 35 South, Range 19 East;

22         Less:

23         The east 66 feet of the northwest quarter of

24         the southwest quarter of the northwest quarter

25         of Section 15, Township 35 South, Range 19 East

26         , described in Warranty Deed to Clive and

27         Judith Morris, recorded in Official Record Book

28         1574, Page 2146;

29         Less:

30         Premises described in Special Warranty Deed to

31         Peace River Electric Cooperative, Inc.

                                  34

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         described in Official Record Book 1542, Page

 2         5178;

 3         Less:

 4         Premises described in Special Warranty Deed to

 5         Peace River Electric Cooperative, Inc.

 6         described in Official Record Book 1747, Page

 7         6675;

 8         Less:

 9         That part included in the plat of Crawley

10         Substation Roadway, recorded in Plat Book 43,

11         Pages 84 and 85 Public Records of Manatee

12         County, Florida;

13         Less:

14         Fire House Site

15         COMMENCE at a concrete monument found marking

16         the occupied northwest corner of the southwest

17         1/4 of Section 15, Township 35 South, Ranch 19

18         East; thence S89°31'12"E, along the occupied

19         north line of said southwest 1/4, a distance of

20         1343.23 ft. to the intersection with the west

21         line of the northeast 1/4 of said southwest

22         1/4; thence S00°04'29"E, along said west line,

23         a distance of 1281.86 ft., thence S87°56'19"E,

24         a distance of 1049.55 ft. for a POINT OF

25         BEGINNING, said point lying on the northerly

26         right-of-way of 59th Avenue East, a 100 ft.

27         wide public right-of-way as shown on "Crawley

28         Substation Roadway", a roadway plat as recorded

29         in Plat Book 43, Pages 84 and 85, Public

30         Records of Manatee County, Florida; thence

31         continue S87°56'19"E, along said northerly

                                  35

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         right-of-way, a distance of 398.37 ft. to the

 2         intersection with the westerly line of that

 3         certain parcel of land as described and

 4         recorded in Official Records Book 1542, Page

 5         5178, said Public Records; thence N00°25'16"W,

 6         along said westerly line, a distance of 547.23

 7         ft.; thence N87°56'19"W, 398.37 ft.; thence

 8         S00°25'16"E, a distance of 547.23 ft. to the

 9         POINT OF BEGINNING, being and lying in Section

10         15, Township 35 South, Range 19 East, Manatee

11         County, Florida.

12         Containing 5.00 acres, more or less.

13         Section 16, Township 35 South, Range 19 East:

14         All of Section 16, Township 35 South, Range 19

15         East;

16         Less:

17         Road right-of-way for State Road 70;

18         Less:

19         Road right-of-way for Pope Road

20         Less:

21         Premises described in Warranty Deed to the

22         State of Florida Department of Transportation,

23         recorded in Official Record Book 1915, Page

24         5768 Public Records of Manatee County, Florida;

25         Less:

26         Premises described in Warranty Deed to Covered

27         Bridge Holdings III, LLC, recorded in Official

28         Record Book 1970, Page 707 Public Records of

29         Manatee County, Florida;

30         Less:

31  

                                  36

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Premises described in Warranty Deed to the

 2         Diocese of Venice, recorded in Official Record

 3         Book 1451, Page 964, less premises conveyed to

 4         SMR 70, North 70, LLC, in Special Warranty

 5         Deed, recorded in Official Record Book 1928,

 6         Page 3315;

 7         Less:

 8         Premises described in Special Warranty Deed to

 9         the Diocese of Venice, recorded in Official

10         Record Book 1928, Page 3321 Public Records of

11         Manatee County, Florida;

12         Section 17, Township 35 South, Range 19 East:

13         All of Section 17, Township 35 South, Range 19

14         East, lying east of the right-of-way of

15         Lakewood Ranch Boulevard, as recorded in

16         Official Record Book 1429, Page 3703 Public

17         Records of Manatee County, Florida;

18         Less:

19         Road right-of-way for State Road 70;

20         Less:

21         Premises described in Warranty Deed to the

22         State of Florida Department of Transportation,

23         recorded in Official Record Book 1915, Page

24         5768 Public Records of Manatee County, Florida;

25         Less:

26         A portion of premises described in Warranty

27         Deed to the County of Manatee, recorded in

28         Official Record Book 1528, Page 7481 and

29         Corrective Warranty Deed recorded in Official

30         Record Book 1540, Page 7918 Public Records of

31         Manatee County, Florida;

                                  37

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Section 18, Township 35 South, Range 19 East:

 2         All of Section 18, Township 35 South, Range 19

 3         East, lying east of the right-of-way of

 4         Lakewood Ranch Boulevard, as recorded in

 5         Official Record Book 1429, Page 3703 Public

 6         Records of Manatee County, Florida;

 7         Section 22, Township 35 South, Range 19 East:

 8         That portion of Section 22, Township 35 South,

 9         Range 19 East, lying northerly of the northerly

10         right-of-way line of State Road 70;

11         Also:

12         That portion of Sections 22, 23 and 27, lying

13         within the following described property:

14         DESCRIPTION (Proposed Braden River Mitigation

15         Bank)

16         A tract of land lying in Sections 22, 23 and

17         27, Township 35 South, Range 19 East, Manatee

18         County, Florida and described as follows:

19         Commence at the northwest corner of Section 21,

20         Township 35 South, Range 19 East; thence

21         S.89°24'47"E. along the north line of said

22         Section 21, a distance of 5379.98 feet to the

23         northwest corner of said Section 22; thence

24         S.00°30'23" W. along the west line of said

25         Section 22, a distance of 134.20 feet to a

26         point on the southerly Right-of-way line of

27         State Road 70; the following 4 calls are along

28         said southerly right-of-way line; thence

29         S.89°19'57"E., a distance of 521.35 feet;

30         thence S.89°21'15"E., a distance of 3,754.54

31         feet to the point of curvature of a curve to

                                  38

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         the right having a radius of 1,777.86 feet and

 2         a central angle of 34°24'33"; thence easterly

 3         along the arc of said curve, an arc length of

 4         1,067.70 feet to the point of tangency of said

 5         curve; thence S.54°56'41"E., a distance of

 6         821.49 feet to the POINT OF BEGINNING; thence

 7         continue S.54°56'41"E. along the above

 8         mentioned southerly right-of-way line, a

 9         distance of 4,427.83 feet; thence

10         S.15°00'00"W., a distance of 701.34 feet;

11         thence N.71°00'00"W., a distance of 2,270.00

12         feet; thence S.45°00'00"W., a distance of 65.00

13         feet; thence S.00°00'00"W., a distance of

14         395.00 feet; thence S.86°30'00"W., a distance

15         of 1,250.00 feet; thence S.00°00'00"W., a

16         distance of 338.36 feet; thence S.43°00'00"E.,

17         a distance of 155.00 feet; thence

18         S.00°00'00"W., a distance of 150.00 feet;

19         thence S.59°56'21"W., a distance of 110.00

20         feet; thence N.63°00'00"W., a distance of

21         306.73 feet; thence N.10°00'00"W., a distance

22         of 299.62 feet; thence S.89°37'37"W., a

23         distance of 301.32 feet; thence S.72°00'46"W.,

24         a distance of 368.15 feet; thence

25         S.48°06'41"W., a distance of 169.68 feet;

26         thence N.08°37'00"E., a distance of 159.00

27         feet; thence N.57°02'56"E., a distance of

28         594.02 feet; thence N.07°52'51"W., a distance

29         of 27.87 feet; thence N.61°22'29"W., a distance

30         of 167.29 feet; thence N.83°56'09"W., a

31         distance of 103.18 feet; thence S.85°40'21"W.,

                                  39

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         a distance of 75.29 feet; thence S.44°35'18"W.,

 2         a distance of 66.94 feet; thence S.82°54'53"W.,

 3         a distance of 86.64 feet; thence S.48°07'08"W.,

 4         a distance of 74.53 feet; thence S.26°33'46"W.,

 5         a distance of 49.90 feet; thence S.39°24'11"W.,

 6         a distance of 50.01 feet to a point on the

 7         northerly line of a Conservation Easement as

 8         recorded in the Official Records Book 1524,

 9         Page 5098 of the Public Records of Manatee

10         County, Florida; the following 15 calls are

11         along the northerly and westerly lines of said

12         Conservation Easement; thence S.63°06'49"W., a

13         distance of 38.30 feet; thence S.30°38'41"W., a

14         distance of 53.69 feet; thence S.68°49'15"W., a

15         distance of 91.30 feet; thence S.51°14'32"W., a

16         distance of 68.98 feet; thence S.76°31'40"W., a

17         distance of 62.88 feet; thence S.45°09'35"W., a

18         distance of 35.02 feet; thence S.36°11'14"E., a

19         distance of 48.92 feet; thence S.18°26'10"E., a

20         distance of 45.74 feet; thence S.09°12'08"W., a

21         distance of 19.73 feet; thence S.32°09'14"E., a

22         distance of 76.50 feet; thence S.07°27'24"E., a

23         distance of 35.67 feet; thence S.29°09'12"E., a

24         distance of 41.08 feet; thence S.11°37'55"E., a

25         distance of 49.89 feet; thence S.51°55'08"E., a

26         distance of 29.11 feet; thence S.67°03'11"E., a

27         distance of 66.38 feet; thence N.66°35'24"E., a

28         distance of 31.03 feet; thence S.45°47'43"E., a

29         distance of 148.54 feet; thence S.18°48'41"W.,

30         a distance of 163.72 feet; thence

31         S.82°50'11"W., a distance of 81.44 feet; thence

                                  40

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         N.69°18'50"W., a distance of 147.54 feet;

 2         thence N.16°28'56"W., a distance of 96.10 feet;

 3         thence N.07°30'43"W., a distance of 141.37

 4         feet; thence S.65°00'00"W., a distance of

 5         1,078.77 feet; thence S.83°00'00"W., a distance

 6         of 630.49 feet; thence S.62°15'00"W., a

 7         distance of 585.88 feet; thence S.55°30'00"W.,

 8         a distance of 859.04 feet; thence

 9         S.35°00'00"W., a distance of 453.13 feet;

10         thence S.69°00'00"W., a distance of 637.50

11         feet; thence N.65°15'00"W., a distance of

12         464.25 feet; thence N.35°51'00"W., a distance

13         of 385.00 feet; thence N.83°00'00"W., a

14         distance of 137.04 feet to the point of

15         curvature of a non-tangent curve to the left,

16         of which the radius point lies S.85°59'50"W., a

17         radial distance of 6,090.00 feet; thence

18         northerly along the arc of said curve, through

19         a central angle of 00°49'46", an arc length of

20         88.17 feet to the point of tangency of said

21         curve; thence N.00°51'26"E., a distance of

22         490.58 feet; thence N.00°30'20"E., a distance

23         of 355.33 feet to the point of curvature of a

24         curve to the right having a radius of 2,880.00

25         feet and a central angle of 07°28'45"; thence

26         northerly along the arc of said curve, an arc

27         length of 375.94 feet to the end of said curve;

28         thence S.67°11'02"E. non-radial to the last

29         described curve, a distance of 629.23 feet;

30         thence S.81°49'22"E., a distance of 263.52

31         feet; thence N.80°03'53"E., a distance of

                                  41

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         275.24 feet; thence N.69°59'29"E., a distance

 2         of 317.24 feet; thence N.57°35'22"E., a

 3         distance of 178.26 feet; thence N.81°03'05"E.,

 4         a distance of 234.09 feet; thence

 5         N.63°21'55"E., a distance of 439.23 feet;

 6         thence N.44°11'27"E., a distance of 241.21

 7         feet; thence N.63°21'56"E., a distance of

 8         148.94 feet; thence N.74°49'49"E., a distance

 9         of 163.40 feet; thence N.75°39'49"E., a

10         distance of 461.38 feet; thence N.52°24'58"E.,

11         a distance of 284.05 feet; thence

12         N.37°35'20"E., a distance of 294.52 feet;

13         thence N.33°58'26"E., a distance of 687.37

14         feet; thence N.46°31'18"E., a distance of

15         195.52 feet; thence N.76°15'16"E., a distance

16         of 235.33 feet; thence N.53°47'33"E., a

17         distance of 231.66 feet; thence N.15°20'53"E.,

18         a distance of 147.34 feet; thence

19         N.32°20'46"E., a distance of 368.15 feet;

20         thence S.83°51'29"E., a distance of 332.08

21         feet; thence S.56°57'53"E., a distance of

22         139.47 feet; thence N.35°53'49"E., a distance

23         of 417.52 feet; thence N.50°25'21"W., a

24         distance of 348.47 feet; thence N.00°06'50"E.,

25         a distance of 135.65 feet; thence

26         N.24°22'30"E., a distance of 201.08 feet;

27         thence N.61°14'22"E., a distance of 113.08

28         feet; thence S.62°11'08"E., a distance of

29         197.43 feet to the point of curvature of a

30         curve to the right having a radius of 100.00

31         feet and a central angle of 88°54'40"; thence

                                  42

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         southerly along the arc of said curve, an arc

 2         length of 155.18 feet to the point of tangency

 3         of said curve; thence S.26°43'33"W., a distance

 4         of 224.96 feet; thence S.50°07'45"E., a

 5         distance of 125.37 feet; thence N.49°56'25"E.,

 6         a distance of 228.41 feet; thence

 7         N.08°47'40"E., a distance of 153.43 feet;

 8         thence N.38°13'49"W., a distance of 139.09

 9         feet; thence N.11°59'28"E., a distance of

10         271.56 feet; thence N.37°00'30"E., a distance

11         of 306.68 feet to the POINT OF BEGINNING.

12         Said tract contains 15,214,335 square feet or

13         349.2731 acres, more or less.

14         Also:

15         That portion of Sections 22 and 23, lying

16         within the following described property:

17         A tract of land lying in Section 22, Township

18         35 South, Range 19 East, Manatee County,

19         Florida and being more particularly described

20         as follows:

21         Commence at the southeast corner of Section 22,

22         Township 35 South, Range 19 East; thence

23         N.89°29'42"W. along the south line of said

24         Section 22, 587.90 feet; thence N.00°30'18"E.,

25         perpendicular with said south line, a distance

26         of 802.96 feet to the POINT OF

27         BEGINNING;  thence N.66°35'24"E., a distance of

28         31.03 feet; thence S.45°47'43"E., a distance of

29         68.87 feet; thence N.22°15'45"E., a distance of

30         66.77 feet; thence N.21°25'53"E., a distance of

31         88.19 feet; thence N.08°37'00"E., a distance of

                                  43

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         159.00 feet; thence N.57°02'56"E., a distance

 2         of 594.02 feet; thence N.07°52'51"W., a

 3         distance of 27.87 feet; thence N.61°22'29"W., a

 4         distance of 167.29 feet; thence N.83°56'09"W.,

 5         a distance of 103.18 feet; thence

 6         S.85°40'21"W., a distance of 75.29 feet; thence

 7         S.44°35'18"W., a distance of 66.94 feet; thence

 8         S.82°54'53"W., a distance of 86.64 feet; thence

 9         S.48°07'08"W., a distance of 74.53 feet; thence

10         S.26°33'46"W., a distance of 49.90 feet; thence

11         S.39°24'11"W., a distance of 50.01 feet to a

12         point on the northerly line of a Conservation

13         Easement as recorded in the Official Records

14         Book 1524, Page 5098 of the Public Records of

15         Manatee County, Florida; the following 15 calls

16         are along the northerly and westerly lines of

17         said Conservation Easement; thence

18         S.63°06'49"W., a distance of 38.30 feet; thence

19         S.30°38'41"W., a distance of 53.69 feet; thence

20         S.68°49'15"W., a distance of 91.30 feet; thence

21         S.51°14'32"W., a distance of 68.98 feet; thence

22         S.76°31'40"W., a distance of 62.88 feet; thence

23         S.45°09'35"W., a distance of 35.02 feet; thence

24         S.36°11'14"E., a distance of 48.92 feet; thence

25         S.18°26'10"E., a distance of 45.74 feet; thence

26         S.09°12'08"W., a distance of 19.73 feet; thence

27         S.32°09'14"E., a distance of 76.50 feet; thence

28         S.07°27'24"E., a distance of 35.67 feet; thence

29         S.29°09'12"E., a distance of 41.08 feet; thence

30         S.11°37'55"E., a distance of 49.89 feet; thence

31         S.51°55'08"E., a distance of 29.11 feet; thence

                                  44

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         S.67°03'11"E., a distance of 66.38 feet to the

 2         POINT OF BEGINNING.

 3         Said tract contains 249,186 square feet or

 4         5.7205 acres, more or less.

 5         Section 23, Township 35 South, Range 19 East:

 6         That portion of Section 23, Township 35 South,

 7         Range 19 East, lying north of State Road 70;

 8         Also:

 9         That portion of Section 23, Township 35 South,

10         Range 19 East, lying southerly of the

11         right-of-way line for State Road 70, easterly

12         of premises described in Special Warranty Deed

13         to Sarasota Development, L.L.C., recorded in

14         Official Record Book 1892, Page 750 of said

15         Public Records and easterly of the (Proposed

16         Braden River Mitigation Bank), described above;

17         Section 24, Township 35 South, Range 19 East:

18         All of Section 24, Township 35 South, Range 19

19         East;

20         Less:

21         Right-of-way for State Road 70;

22         Section 25, Township 35 South, Range 19 East:

23         All of Section 25, Township 35 South, Range 19

24         East;

25         Less:

26         Right-of-way for State Road 70;

27         Section 26, Township 35 South, Range 19 East:

28         All of Section 26, Township 35 South, Range 19

29         East;

30         Less:

31  

                                  45

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Premises described in Special Warranty Deed to

 2         Sarasota Development, L.L.C., recorded in

 3         Official Record Book 1892, Page 750 Public

 4         Records of Manatee County, Florida;

 5         Less:

 6         Premises described in Memorandum of Purchase

 7         Option Agreement, recorded in Official Record

 8         Book 1892, Page 776 Public Records of Manatee

 9         County, Florida;

10         Section 27, Township 35 South, Range 19 East:

11         All of Section 27, lying southerly of the Phase

12         2 Parcel, described in Memorandum of Purchase

13         Option Agreement, recorded in Official Record

14         Book 1892, Page 776 of said Public Records and

15         Phase 1 Parcel and Entry Road Parcel, described

16         in Special Warranty Deed to Sarasota

17         Development, L.L.C., recorded in Official

18         Record Book 1892, Page 750 Public Records of

19         Manatee County, Florida;

20         Less:

21         Right-of-way for Lorraine Road;

22         Section 34, Township 35 South, Range 19 East:

23         All of Section 34, Township 35 South, Range 19

24         East, lying easterly of the east right-of-way

25         line of Lorraine Road;

26         Less:

27         Premises described in Special Warranty Deed to

28         The School Board of Manatee County, recorded in

29         Official Record Book 1959, Page 2350 Public

30         Records of Manatee County, Florida; (School

31         Site J)

                                  46

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






    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Less:

 2         Premises described in Special Warranty Deed to

 3         the Diocese of Venice, recorded in Official

 4         Record Book 1532, Page 5848, Less and except

 5         premises described in Special Warranty Deed to

 6         Schoreder-Manatee Ranch, Inc., recorded in

 7         Official Record Book 1928, Page 3242 of said

 8         Public Records:

 9         Less:

10         Premises described in Special Warranty Deed to

11         the Diocese of Venice, recorded in Official

12         Record Book 1928, Page 3248 Public Records of

13         Manatee County, Florida;

14         Less:

15         Premises described in Corrective Warranty Deed

16         to Harvest United Methodist Church, Inc.,

17         recorded in Official Record Book 1747, Page 777

18         of said Public Records:

19         Section 35, Township 35 South, Range 19 East:

20         All of Section 35, Township 35 South, Range 19

21         East;

22         Section 36, Township 35 South, Range 19 East:

23         All of Section 36, Township 35 South, Range 19

24         East;

25         Section 1, Township 36 South, Range 19 East:

26         All of Section 1, Township 36 South, Range 19

27         East;

28         Section 2, Township 36 South, Range 19 East:

29         All of Section 2, Township 36 South, Range 19

30         East;

31         Section 3, Township 36 South, Range 19 East:

                                  47

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         All of Section 3, Township 36 South, Range 19

 2         East;

 3         Less:

 4         Premises described in Special Warranty Deed  to

 5         Polo Ranches of Sarasota, Inc., recorded in

 6         Official Record Book 2602, Page 702 of the

 7         Public Records of Sarasota County, Florida;

 8         Less:

 9         Premises described in Special Warranty Deed to

10         Polo Ranches of Sarasota, Inc., recorded in

11         Official Instrument Number 2000076164 of the

12         Public Records of Sarasota County, Florida;

13         Section 4, Township 36 South, Range 19 East:

14         All of Section 4, Township 36 South, Range 19

15         East;

16         Less:

17         Premises described in Special Warranty Deed to

18         Polo Ranches of Sarasota, Inc., recorded in

19         Official Record Book 2602, Page 702 of the

20         Public Records of Sarasota County, Florida;

21         Less:

22         A portion of Premises described in Warranty

23         Deed to Out-of-Door Academy of Sarasota, Inc.,

24         recorded in Official Record Book 2858, Page 189

25         of the Public Records of Sarasota County,

26         Florida

27         Section 5, Township 36 South, Range 19 East:

28         That portion of Section 5, Township 36 South,

29         Range 19 East, lying east of premises described

30         in Warranty Deed to Out-of-Door Academy of

31         Sarasota, Inc., recorded in Official Record

                                  48

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Book 2858, Page 189 of the Public Records of

 2         Sarasota County, Florida;

 3         Also:

 4         That portion of Section 5, Township 36 South,

 5         Range 19 East, lying southerly of the following

 6         described properties:

 7         Premises described in Warranty Deed to

 8         Out-of-Door Academy of Sarasota, Inc., recorded

 9         in Official Record Book 2858, Page 189 of the

10         Public Records of Sarasota County, Florida

11         Lakewood Ranch Corporate Park, Unit 3C,

12         recorded in Plat Book 43, Page 34, Public

13         Records of Sarasota County, Florida;

14         Lakewood Ranch Corporate Park, Unit 3B,

15         recorded in Plat Book 42, Page 30, Public

16         Records of Sarasota County, Florida;

17         Lakewood Ranch Corporate Park, Unit 3A,

18         recorded in Plat Book 41, Page 19, Public

19         Records of Sarasota County, Florida;

20         Lakewood Ranch Corporate Park, Unit 1, recorded

21         in Plat Book 38, Page 26, Public Records of

22         Sarasota County, Florida;

23         Lakewood Ranch Corporate Park, Unit 4, Phase 1,

24         recorded in Plat Book 43, Page 22, Public

25         Records of Sarasota County, Florida;

26         Section 6, Township 36 South, Range 19 East:

27         That portion of Section 6, Township 36 South,

28         Range 19 East, lying east of the right-of-way

29         of Interstate 75 and south of the following

30         described properties:

31  

                                  49

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Lakewood Ranch Corporate Park, Unit 4, Phase 1,

 2         recorded in Plat Book 43, Page 22, Public

 3         Records of Sarasota County, Florida;

 4         Lakewood Ranch Corporate Park, Unit 4, recorded

 5         in Plat Book 40, Page 37, Public Records of

 6         Sarasota County, Florida;

 7         Lakewood Ranch Corporate Park, Unit 6, Phase 2,

 8         recorded in Plat Book 42, Page 23, Public

 9         Records of Sarasota County, Florida;

10         Less:

11         Premises described in Corporate Warranty Deed

12         to Sarasota County, recorded in Official Record

13         Instrument Number 2002146329, Public Records of

14         Sarasota County, Florida;

15         Section 7, Township 36 South, Range 19 East:

16         That portion of Section 7, Township 36 South,

17         Range 19 East, lying east of the right-of-way

18         of Interstate 75;

19         Less:

20         Premises described in Warranty Deed to Sarasota

21         County, recorded in Official Instrument Number

22         2004118447, Public Records of Sarasota County,

23         Florida;

24         Less:

25         Premises described in Corporate Warranty Deed

26         to Sarasota County, recorded in Official Record

27         Book 2880, Page 1528, Public Records of

28         Sarasota County, Florida;

29         Section 8, Township 36 South, Range 19 East:

30         All of Section 8, Township 36 South, Range 19

31         East;

                                  50

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         Less:

 2         Premises described in Special Warranty Deed to

 3         Florida Power & Light Company, recorded in

 4         Official Record Book 2848, Page 77, Public

 5         Records of Sarasota County, Florida;

 6         Section 9, Township 36 South, Range 19 East:

 7         All of Section 9, Township 36 South, Range 19

 8         East;

 9         Section 10, Township 36 South, Range 19 East:

10         All of Section 10, Township 36 South, Range 19

11         East;

12         Section 11, Township 36 South, Range 19 East:

13         All of Section 11, Township 36 South, Range 19

14         East;

15         Section 12, Township 36 South, Range 19 East:

16         All of Section 12, Township 36 South, Range 19

17         East;

18         Section 5, Township 36 South, Range 20 East:

19         The south half of Section 5, Township 36 South,

20         Range 20 East;

21         Section 6, Township 36 South, Range 20 East:

22         All of Section 6, Township 36 South, Range 20

23         East;

24         Section 7, Township 36 South, Range 20 East:

25         All of Section 7, Township 36 South, Range 20

26         East;

27         Section 8, Township 36 South, Range 20 East:

28         All of Section 8, Township 36 South, Range 20

29         East;

30         Less:

31  

                                  51

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         A strip of land 50-feet wide, described as

 2         beginning at the southwest corner of Section 8,

 3         Township 36 South, Range 20 East, thence South

 4         87°10'13" East, 511.24 feet for POINT OF

 5         BEGINNING; thence North 42°59'05" West to a

 6         point lying 50 feet north of the south line of

 7         Section 8; thence easterly along a line

 8         parallel to and 50 feet north of, the south

 9         line of Section 8 to a point lying 529.3 feet

10         west of the east line of said Section 8; thence

11         southwesterly 70.7 feet to point on south line

12         of Section 8, lying 600 feet westerly of the

13         southeast corner of Section 8; thence westerly

14         along the south section line of said Section 8

15         to the POINT OF BEGINNING, lying and being in

16         Section 8, Township 36 South, Range 20 East,

17         Sarasota County, Florida.

18         CONTAINING A TOTAL AREA OF 23,055 ACRES, PLUS OR MINUS.

19  

20         Section 5.  Board of Supervisors; members and meetings;

21  organization; powers; duties; terms of office; related

22  election requirements.--

23         (1)  The board of the District shall exercise the

24  powers granted to the District pursuant to this act. The board

25  shall consist of five members, each of whom shall hold office

26  for a term of 4 years, as provided in this section, except as

27  otherwise provided herein for initial board members, and until

28  a successor is chosen and qualified. The members of the board

29  must be residents of the state and citizens of the United

30  States.

31  

                                  52

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (2)(a)  Within 90 days following the effective date of

 2  the law establishing the District, there shall be held a

 3  meeting of the landowners of the District for the purpose of

 4  electing five supervisors for the District. Notice of the

 5  landowners' meeting shall be published once a week for 2

 6  consecutive weeks in a newspaper which is in general

 7  circulation in the area of the District, the last day of such

 8  publication to be not fewer than 14 days or more than 28 days

 9  before the date of the election. The landowners, when

10  assembled at such meeting, shall organize by electing a chair,

11  who shall conduct the meeting. The chair may be any person

12  present at the meeting. If the chair is a landowner or proxy

13  holder of a landowner, he or she may nominate candidates and

14  make and second motions. The landowners present at the

15  meeting, in person or by proxy, shall constitute a quorum. At

16  any landowners' meeting, 50 percent of the District acreage

17  shall not be required to constitute a quorum, and each

18  governing board member elected by landowners shall be elected

19  by a majority of the acreage represented either by owner or

20  proxy present and voting at said meeting.

21         (b)  At such meeting, each landowner shall be entitled

22  to cast one vote per acre of land owned by him or her and

23  located within the District for each person to be elected. A

24  landowner may vote in person or by proxy in writing. Each

25  proxy must be signed by one of the legal owners of the

26  property for which the vote is cast and must contain the typed

27  or printed name of the individual who signed the proxy; the

28  street address, legal description of the property, or tax

29  parcel identification number; and the number of authorized

30  votes. If the proxy authorizes more than one vote, each

31  property must be listed and the number of acres of each

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  property must be included. The signature on a proxy need not

 2  be notarized. A fraction of an acre shall be treated as 1

 3  acre, entitling the landowner to one vote with respect

 4  thereto. The two candidates receiving the highest number of

 5  votes shall be elected for a term expiring November 16, 2010,

 6  and the three candidates receiving the next largest number of

 7  votes shall be elected for a term expiring November 18, 2008,

 8  with the term of office for each successful candidate

 9  commencing upon election. The members of the first board

10  elected by landowners shall serve their respective terms;

11  however, the next election of board members shall be held on

12  the first Tuesday after the first Monday in November 2008.

13  Thereafter, there shall be an election by landowners for the

14  District every 2 years on the first Tuesday after the first

15  Monday in November, which shall be noticed pursuant to

16  paragraph (a). The second and subsequent landowners' election

17  shall be announced at a public meeting of the board at least

18  90 days prior to the date of the landowners' meeting and shall

19  also be noticed pursuant to paragraph (a). Instructions on how

20  all landowners may participate in the election, along with

21  sample proxies, shall be provided during the board meeting

22  that announces the landowners' meeting. Each supervisor

23  elected in or after November 2008 shall serve a 4-year term.

24         (3)(a)1.  The board may not exercise the ad valorem

25  taxing power authorized by this act until such time as all

26  members of the board are qualified electors who are elected by

27  qualified electors of the District.

28         2.a.  Regardless of whether the District has proposed

29  to levy ad valorem taxes, board members shall begin being

30  elected by qualified electors of the District as the District

31  becomes populated with qualified electors. The transition

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  shall occur such that the composition of the Board, after the

 2  first general election following a trigger of the qualified

 3  elector population thresholds set forth below, shall be as

 4  follows:

 5         (I)  Once 10,000 qualified electors reside within the

 6  District, one governing board member shall be a person who was

 7  elected by the qualified electors, and four governing board

 8  members shall persons who were elected by the landowners.

 9         (II)  Once 20,000 qualified electors reside within the

10  District, two governing board members shall be persons who

11  were elected by the qualified electors, and three governing

12  board members shall be persons elected by the landowners.

13         (III)  Once 30,000 qualified electors reside within the

14  District, three governing board members shall be persons who

15  were elected by the qualified electors and two governing board

16  members shall be persons who were elected by the landowners.

17         (IV)  Once 40,000 qualified electors reside within the

18  District, four governing board members shall be persons who

19  were elected by the qualified electors and one governing board

20  member shall be a person who was elected by the landowners.

21         (V)  Once 45,000 qualified electors reside within the

22  District, all five governing board members shall be persons

23  who were elected by the qualified electors.

24  

25  Nothing in this sub-subparagraph is intended to require an

26  election prior to the expiration of an existing board member's

27  term.

28         b.  On or before June 1 of each year, the board shall

29  determine the number of qualified electors in the District as

30  of the immediately preceding April 15. The board shall use and

31  rely upon the official records maintained by the supervisor of

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  elections and property appraiser or tax collector in each

 2  county in making this determination. Such determination shall

 3  be made at a properly noticed meeting of the board and shall

 4  become a part of the official minutes of the District.

 5         c.  All governing board members elected by qualified

 6  electors shall be elected at large at an election occurring as

 7  provided in subsection (2) and this subsection.

 8         d.  The board member seat first available for election

 9  by qualified electors because the District has 10,000

10  qualified electors shall be designated seat number one. The

11  board member seat first available for election by qualified

12  electors because the District has 20,000 qualified electors

13  shall be designated seat number two. The board member seat

14  first available for election by qualified electors because the

15  District has 30,000 qualified electors shall be designated

16  seat number three. The board member seat first available for

17  election by qualified electors because the District has 40,000

18  qualified electors shall be designated seat number four. The

19  board member seat first available for election by qualified

20  electors because the District has 45,000 qualified electors

21  shall be designated seat number five.

22         e.  The board member elected to fill seat one when that

23  seat is first filled by election by qualified electors of the

24  District shall be a qualified elector of Manatee County.

25  However, if, at the time that seat is available for election,

26  the District does not have both an executed interlocal

27  agreement with Manatee County and at least 500 qualified

28  electors residing within the District in Manatee County, the

29  seat shall be filled by a qualified elector of Sarasota

30  County.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         f.  The board member elected to fill seat two when that

 2  seat is first filled by election by qualified electors of the

 3  District shall be a qualified elector of Sarasota County.

 4  However, if, at the time that seat is available for election,

 5  seat one has already been designated as the seat to be filled

 6  by a qualified elector of Sarasota County pursuant to

 7  paragraph e., seat two shall be filled by a qualified elector

 8  of Manatee County. Provided further that, if at the time seat

 9  two is available for election the District does not have both

10  an executed interlocal agreement with Sarasota County and at

11  least 500 qualified electors residing in Sarasota County, the

12  seat shall be filled by a qualified elector of Manatee County.

13  In such event, the next seat available for election after the

14  District has both an interlocal agreement with Sarasota County

15  and at least 500 qualified electors in Sarasota County shall

16  be filled by a qualified elector of Sarasota County.

17         g.  Once one seat is designated as a seat to be filled

18  by a qualified elector from a specific county, that seat shall

19  thereafter be filled by a qualified elector who resides within

20  that county.

21         h.  Once a District qualifies to have any of its board

22  members elected by the qualified electors of the District, the

23  initial and all subsequent elections by the qualified electors

24  of the District shall be held at the general election in

25  November. The board shall adopt a resolution if necessary to

26  implement this requirement. The transition process described

27  herein is intended to be in lieu of the process set forth in

28  section 189.4051, Florida Statutes.

29         (b)  Elections of board members by qualified electors

30  held pursuant to this subsection shall be nonpartisan and

31  shall be conducted in the manner prescribed by law for holding

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  general elections. Board members shall assume the office on

 2  the second Tuesday following their election.

 3         (c)  Candidates seeking election to office by qualified

 4  electors under this subsection shall conduct their campaigns

 5  in accordance with the provisions of chapter 106, Florida

 6  Statutes, and shall file qualifying papers and qualify for

 7  individual seats in accordance with section 99.061, Florida

 8  Statutes. Candidates shall pay a qualifying fee, which shall

 9  consist of a filing fee and an election assessment or, as an

10  alternative, shall file a petition signed by not less than 1

11  percent of the registered voters of the District, and take the

12  oath required in section 99.021, Florida Statutes, with the

13  supervisor of elections in the county affected by such

14  candidacy. The amount of the filing fee is 3 percent of

15  $4,800; however, if the electors have provided for

16  compensation, the amount of the filing fee is 3 percent of the

17  maximum annual compensation so provided. The amount of the

18  election assessment is 1 percent of $4,800; however, if the

19  electors have provided for compensation, the amount of the

20  election assessment is 1 percent of the maximum annual

21  compensation so provided. The filing fee and election

22  assessment shall be distributed as provided in section

23  105.031(3), Florida Statutes.

24         (d)  The supervisors of elections shall appoint the

25  inspectors and clerks of elections, prepare and furnish the

26  ballots, designate polling places, and canvass the returns of

27  the election of board members by qualified electors. The

28  county canvassing boards shall declare and certify the results

29  of the election.

30         (4)  Members of the board, regardless of how elected,

31  shall be public officers, shall be known as supervisors, and,

                                  58

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  upon entering into office, shall take and subscribe to the

 2  oath of office as prescribed by section 876.05, Florida

 3  Statutes.  Members of the board shall be subject to ethics and

 4  conflict of interest laws of the state that apply to all local

 5  public officers. They shall hold office for the terms for

 6  which they were elected or appointed and until their

 7  successors are chosen and qualified. If, during the term of

 8  office, a vacancy occurs, the remaining members of the board

 9  shall fill each vacancy by an appointment for the remainder of

10  the unexpired term.

11         (5)  Any elected member of the Board of Supervisors may

12  be removed by the Governor for malfeasance, misfeasance,

13  dishonesty, incompetency, or failure to perform the duties

14  imposed upon him or her by this act, and any vacancies that

15  may occur in such office for such reasons shall be filled by

16  the Governor as soon as practicable.

17         (6)  A majority of the members of the board constitutes

18  a quorum for the purposes of conducting its business and

19  exercising its powers and for all other purposes. Action taken

20  by the District shall be upon a vote of a majority of the

21  members present unless general law or a rule of the District

22  requires a greater number.

23         (7)  As soon as practicable after each election or

24  appointment, the board shall organize by electing one of its

25  members as chair and by electing a secretary, who need not be

26  a member of the board, and such other officers as the board

27  may deem necessary.

28         (8)  The board shall keep a permanent record book

29  entitled "Record of Proceedings of Lakewood Ranch Stewardship

30  District," in which shall be recorded minutes of all meetings,

31  resolutions, proceedings, certificates, bonds given by all

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  employees, and any and all corporate acts. The record book and

 2  all other District records shall at reasonable times be opened

 3  to inspection in the same manner as state, county, and

 4  municipal records pursuant to chapter 119, Florida Statutes.

 5  The record book shall be kept at the office or other regular

 6  place of business maintained by the board in a designated

 7  location in either Manatee County or Sarasota County.

 8         (9)  Each supervisor shall be entitled to receive for

 9  his or her services an amount not to exceed $200 per meeting

10  of the Board of Supervisors, not to exceed $4,800 per year per

11  supervisor, or an amount established by the electors at

12  referendum. In addition, each supervisor shall receive travel

13  and per diem expenses as set forth in section 112.061, Florida

14  Statutes.

15         (10)  All meetings of the board shall be open to the

16  public and governed by the provisions of chapter 286, Florida

17  Statutes.

18         Section 6.  Board of Supervisors; general duties.--

19         (1)  DISTRICT MANAGER AND EMPLOYEES.--The board shall

20  employ and fix the compensation of a district manager, who

21  shall have charge and supervision of the works of the District

22  and shall be responsible for preserving and maintaining any

23  improvement or facility constructed or erected pursuant to the

24  provisions of this act, for maintaining and operating the

25  equipment owned by the District, and for performing such other

26  duties as may be prescribed by the board. It shall not be a

27  conflict of interest under chapter 112, Florida Statutes, for

28  a board member, the district manager, or another employee of

29  the District to be a stockholder, officer, or employee of a

30  landowner. The district manager may hire or otherwise employ

31  and terminate the employment of such other persons, including,

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  without limitation, professional, supervisory, and clerical

 2  employees, as may be necessary and authorized by the board.

 3  The compensation and other conditions of employment of the

 4  officers and employees of the District shall be as provided by

 5  the board.

 6         (2)  TREASURER.--The board shall designate a person who

 7  is a resident of the state as treasurer of the District, who

 8  shall have charge of the funds of the District. Such funds

 9  shall be disbursed only upon the order of or pursuant to a

10  resolution of the board by warrant or check countersigned by

11  the treasurer and by such other person as may be authorized by

12  the board. The board may give the treasurer such other or

13  additional powers and duties as the board may deem appropriate

14  and may fix his or her compensation. The board may require the

15  treasurer to give a bond in such amount, on such terms, and

16  with such sureties as may be deemed satisfactory to the board

17  to secure the performance by the treasurer of his or her

18  powers and duties. The financial records of the board shall be

19  audited by an independent certified public accountant at least

20  once a year.

21         (3)  PUBLIC DEPOSITORY.--The board is authorized to

22  select as a depository for its funds any qualified public

23  depository as defined in section 280.02, Florida Statutes,

24  which meets all the requirements of chapter 280, Florida

25  Statutes, and has been designated by the treasurer as a

26  qualified public depository upon such terms and conditions as

27  to the payment of interest by such depository upon the funds

28  so deposited as the board may deem just and reasonable.

29         (4)  BUDGET; REPORTS AND REVIEWS.--

30         (a)  The District shall provide financial reports in

31  such form and such manner as prescribed pursuant to this act

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  and chapter 218, Florida Statutes, as amended from time to

 2  time.

 3         (b)  On or before July 15 of each year, the district

 4  manager shall prepare a proposed budget for the ensuing fiscal

 5  year to be submitted to the board for board approval. The

 6  proposed budget shall include at the direction of the board an

 7  estimate of all necessary expenditures of the District for the

 8  ensuing fiscal year and an estimate of income to the District

 9  from the taxes and assessments provided in this act. The board

10  shall consider the proposed budget item by item and may either

11  approve the budget as proposed by the district manager or

12  modify the same in part or in whole. The board shall indicate

13  its approval of the budget by resolution, which resolution

14  shall provide for a hearing on the budget as approved. Notice

15  of the hearing on the budget shall be published in a newspaper

16  of general circulation in the area of the District once a week

17  for 2 consecutive weeks, except that the first publication

18  shall be not fewer than 15 days prior to the date of the

19  hearing. The notice shall further contain a designation of the

20  day, time, and place of the public hearing. At the time and

21  place designated in the notice, the board shall hear all

22  objections to the budget as proposed and may make such changes

23  as the board deems necessary. At the conclusion of the budget

24  hearing, the board shall, by resolution, adopt the budget as

25  finally approved by the board. The budget shall be adopted

26  prior to October 1 of each year.

27         (c)  At least 60 days prior to adoption, the Board of

28  Supervisors of the District shall submit to the Manatee County

29  and Sarasota County Boards of County Commissioners, for

30  purposes of disclosure and information only, the proposed

31  annual budget for the ensuing fiscal year, and each Board of

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  County Commissioners may submit written comments to the Board

 2  of Supervisors solely for the assistance and information of

 3  the Board of Supervisors of the District in adopting its

 4  annual District budget.

 5         (d)  The Board of Supervisors of the District shall

 6  submit annually, to the Boards of County Commissioners of

 7  Manatee and Sarasota Counties, its District public facilities

 8  report under section 189.415(2), Florida Statutes, which

 9  report the boards of county commissioners shall use and rely

10  on the District public facilities report in the preparation or

11  revision of their respective comprehensive plans, specifically

12  under section 189.415(6), Florida Statutes.

13         (5)  DISCLOSURE OF PUBLIC FINANCING.--The District

14  shall take affirmative steps to provide for the full

15  disclosure of information relating to the public financing and

16  maintenance of improvements to real property undertaken by the

17  District. Such information shall be made available to all

18  existing residents and all prospective residents of the

19  District. The District shall furnish each developer of a

20  residential development within the District with sufficient

21  copies of that information to provide each prospective initial

22  purchaser of property in that development with a copy; and any

23  developer of a residential development within the District,

24  when required by law to provide a public offering statement,

25  shall include a copy of such information relating to the

26  public financing and maintenance of improvements in the public

27  offering statement. The Division of Florida Land Sales,

28  Condominiums, and Mobile Homes of the Department of Business

29  and Professional Regulation shall ensure that disclosures made

30  by developers pursuant to chapter 498, Florida Statutes, meet

31  the requirements of section 190.009(1), Florida Statutes.

                                  63

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (6)  GENERAL POWERS.--The District shall have, and the

 2  board may exercise, the following general powers:

 3         (a)  To sue and be sued in the name of the District; to

 4  adopt and use a seal and authorize the use of a facsimile

 5  thereof; to acquire, by purchase, gift, devise, or otherwise,

 6  and to dispose of, real and personal property, or any estate

 7  therein; and to make and execute contracts and other

 8  instruments necessary or convenient to the exercise of its

 9  powers.

10         (b)  To apply for coverage of its employees under the

11  Florida Retirement System in the same manner as if such

12  employees were state employees, subject to necessary action by

13  the District to pay employer contributions into the Florida

14  Retirement System Trust Fund.

15         (c)  To contract for the services of consultants to

16  perform planning, engineering, legal, or other appropriate

17  services of a professional nature. Such contracts shall be

18  subject to public bidding or competitive negotiation

19  requirements as set forth in general law applicable to

20  independent special districts.

21         (d)  To borrow money and accept gifts; to apply for and

22  use grants or loans of money or other property from the United

23  States, the state, a unit of local government, or any person

24  for any District purposes and enter into agreements required

25  in connection therewith; and to hold, use, and dispose of such

26  moneys or property for any District purposes in accordance

27  with the terms of the gift, grant, loan, or agreement relating

28  thereto.

29         (e)  To adopt and enforce rules and orders pursuant to

30  the provisions of chapter 120, Florida Statutes, prescribing

31  the powers, duties, and functions of the officers of the

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  District; the conduct of the business of the District; the

 2  maintenance of records; and the form of certificates

 3  evidencing tax liens and all other documents and records of

 4  the District. The board may also adopt and enforce

 5  administrative rules with respect to any of the projects of

 6  the District and define the area to be included therein. The

 7  board may also adopt resolutions which may be necessary for

 8  the conduct of District business.

 9         (f)  To maintain an office at such place or places as

10  the Board of Supervisors designates in either Manatee County

11  or Sarasota County, and within the District when facilities

12  are available.

13         (g)  To hold, control, and acquire by donation,

14  purchase, or condemnation, or dispose of, any public

15  easements, dedications to public use, platted reservations for

16  public purposes, or any reservations for those purposes

17  authorized by this act and to make use of such easements,

18  dedications, or reservations for the purposes authorized by

19  this act.

20         (h)  To lease as lessor or lessee to or from any

21  person, firm, corporation, association, or body, public or

22  private, any projects of the type that the District is

23  authorized to undertake and facilities or property of any

24  nature for the use of the District to carry out the purposes

25  authorized by this act.

26         (i)  To borrow money and issue bonds, certificates,

27  warrants, notes, or other evidence of indebtedness as

28  hereinafter provided; to levy such taxes and assessments as

29  may be authorized; and to charge, collect, and enforce fees

30  and other user charges.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (j)  To raise, by user charges or fees authorized by

 2  resolution of the board, amounts of money which are necessary

 3  for the conduct of District activities and services and to

 4  enforce their receipt and collection in the manner prescribed

 5  by resolution not inconsistent with law.

 6         (k)  To exercise within the District, or beyond the

 7  District with prior approval by vote of a resolution of the

 8  governing body of the county if the taking will occur in an

 9  unincorporated area in that county, the right and power of

10  eminent domain, pursuant to the provisions of chapters 73 and

11  74, Florida Statutes, over any property within the state,

12  except municipal, county, state, and federal property, for the

13  uses and purpose of the District relating solely to water,

14  sewer, District roads, and water management, specifically

15  including, without limitation, the power for the taking of

16  easements for the drainage of the land of one person over and

17  through the land of another.

18         (l)  To cooperate with, or contract with, other

19  governmental agencies as may be necessary, convenient,

20  incidental, or proper in connection with any of the powers,

21  duties, or purposes authorized by this act.

22         (m)  To assess and to impose upon lands in the District

23  ad valorem taxes as provided by this act.

24         (n)  If and when authorized by general law, to

25  determine, order, levy, impose, collect, and enforce

26  maintenance taxes.

27         (o)  To determine, order, levy, impose, collect, and

28  enforce assessments pursuant to this act and chapter 170,

29  Florida Statutes, as amended from time to time, pursuant to

30  authority granted in section 197.3631, Florida Statutes, or

31  pursuant to other provisions of general law now or hereinafter

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  enacted which provide or authorize a supplemental means to

 2  order, levy, impose, or collect special assessments. Such

 3  special assessments, in the discretion of the District, may be

 4  collected and enforced pursuant to the provisions of sections

 5  197.3632 and 197.3635, Florida Statutes, and chapters 170 and

 6  173, Florida Statutes, as they may be amended from time to

 7  time, or as provided by this act, or by other means authorized

 8  by general law now or hereinafter enacted.

 9         (p)  To exercise such special powers and other express

10  powers as may be authorized and granted by this act in the

11  charter of the District, including powers as provided in any

12  interlocal agreement entered into pursuant to chapter 163,

13  Florida Statutes, or which shall be required or permitted to

14  be undertaken by the District pursuant to any development

15  order or development of regional impact, including any

16  interlocal service agreement with Manatee County or Sarasota

17  County for fair-share capital construction funding for any

18  certain capital facilities or systems required of the

19  developer pursuant to any applicable development order or

20  agreement.

21         (q)  To exercise all of the powers necessary,

22  convenient, incidental, or proper in connection with any other

23  powers or duties or the special purpose of the District

24  authorized by this act.

25  

26  The provisions of this subsection shall be construed liberally

27  in order to carry out effectively the specialized purpose of

28  this act. However, nothing in this subsection regarding the

29  exercise of general powers by the District is intended to

30  allow the District to exercise one or more special powers in

31  Manatee County absent an interlocal agreement with Manatee

                                  67

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  County consenting to the exercise of such powers within that

 2  county, or to allow the District to exercise one or more

 3  special powers in Sarasota County absent an interlocal

 4  agreement with Sarasota County consenting to the exercise of

 5  such powers within that county.

 6         (7)  SPECIAL POWERS.--The District shall have, and the

 7  board may exercise, the following special powers to implement

 8  its lawful and special purpose and to provide, pursuant to

 9  that purpose, systems, facilities, services, improvements,

10  projects, works, and infrastructure, each of which constitutes

11  a lawful public purpose when exercised pursuant to this

12  charter, subject to, and not inconsistent with, the regulatory

13  jurisdiction and permitting authority of all other applicable

14  governmental bodies, agencies, and any special districts

15  having authority with respect to any area included therein,

16  and to plan, establish, acquire, construct or reconstruct,

17  enlarge or extend, equip, operate, finance, fund, and maintain

18  improvements, systems, facilities, services, works, projects,

19  and infrastructure. Any or all of the following special powers

20  are granted by this act in order to implement the special

21  purpose of the District:

22         (a)  To provide water management and control for the

23  lands within the District and to connect some or any of such

24  facilities with roads and bridges. In the event that the board

25  assumes the responsibility for providing water management and

26  control for the District which is to be financed by benefit

27  special assessments, the board shall adopt plans and

28  assessments pursuant to law or may proceed to adopt water

29  management and control plans, assess for benefits, and

30  apportion and levy special assessments, as follows:

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         1.  The board shall cause to be made by the District's

 2  engineer, or such other engineer or engineers as the board may

 3  employ for that purpose, complete and comprehensive water

 4  management and control plans for the lands located within the

 5  District that will be improved in any part or in whole by any

 6  system of facilities that may be outlined and adopted, and the

 7  engineer shall make a report in writing to the board with maps

 8  and profiles of said surveys and an estimate of the cost of

 9  carrying out and completing the plans.

10         2.  Upon the completion of such plans, the board shall

11  hold a hearing thereon to hear objections thereto, shall give

12  notice of the time and place fixed for such hearing by

13  publication once each week for 2 consecutive weeks in a

14  newspaper of general circulation in the general area of the

15  District, and shall permit the inspection of the plan at the

16  office of the District by all persons interested. All

17  objections to the plan shall be filed at or before the time

18  fixed in the notice for the hearing and shall be in writing.

19         3.  After the hearing, the board shall consider the

20  proposed plan and any objections thereto and may modify,

21  reject, or adopt the plan or continue the hearing until a day

22  certain for further consideration of the proposed plan or

23  modifications thereof.

24         4.  When the board approves a plan, a resolution shall

25  be adopted and a certified copy thereof shall be filed in the

26  office of the secretary and incorporated by him or her into

27  the records of the District.

28         5.  The water management and control plan may be

29  altered in detail from time to time until the appraisal record

30  herein provided is filed but not in such manner as to affect

31  materially the conditions of its adoption. After the appraisal

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  record has been filed, no alteration of the plan shall be

 2  made, except as provided by this act.

 3         6.  Within 20 days after the final adoption of the plan

 4  by the board, the board shall proceed pursuant to section

 5  298.301, Florida Statutes.

 6         (b)  To provide water supply, sewer, and wastewater

 7  management, reclamation, and reuse, or any combination

 8  thereof, and any irrigation systems, facilities, and services

 9  and to construct and operate connecting intercepting or outlet

10  sewers and sewer mains and pipes and water mains, conduits, or

11  pipelines in, along, and under any street, alley, highway, or

12  other public place or ways, and to dispose of any effluent,

13  residue, or other byproducts of such system or sewer system.

14         1.  The District may not purchase or sell a water,

15  sewer, or wastewater reuse utility that provides service to

16  the public for compensation, or enter into a wastewater

17  facility privatization contract for a wastewater facility,

18  until the governing body of the District has held a public

19  hearing on the purchase, sale, or wastewater facility

20  privatization contract and made a determination that the

21  purchase, sale, or wastewater facility privatization contract

22  is in the public interest.

23         2.  In determining if the purchase, sale, or wastewater

24  facility privatization contract is in the public interest, the

25  District shall consider, at a minimum, the following:

26         a.  The most recent available income and expense

27  statement for the utility.

28         b.  The most recent available balance sheet for the

29  utility, listing assets and liabilities and clearly showing

30  the amount of contributions in aid of construction and the

31  accumulated depreciation thereon.

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         c.  A statement of the existing rate base of the

 2  utility for regulatory purposes.

 3         d.  The physical condition of the utility facilities

 4  being purchased or sold or subject to a wastewater facility

 5  privatization contract.

 6         e.  The reasonableness of the purchase, sale, or

 7  wastewater facility privatization contract price and terms.

 8         f.  The impacts of the purchase, sale, or wastewater

 9  facility privatization contract on utility customers, both

10  positive and negative.

11         g.  Any additional investment required and the ability

12  and willingness of the purchaser or the private firm under a

13  wastewater facility privatization contract to make that

14  investment, whether the purchaser is the District or the

15  entity purchasing the utility from the District.

16         h.  In the case of a wastewater facility privatization

17  contract, the terms and conditions on which the private firm

18  will provide capital investment and financing or a combination

19  thereof for contemplated capital replacements, additions,

20  expansions, and repairs.

21         i.  The alternatives to the purchase, sale, or

22  wastewater facility privatization contract and the potential

23  impact on utility customers if the purchase, sale, or

24  wastewater facility privatization contract is not made.

25         j.  The ability of the purchaser or the private firm

26  under a wastewater facility privatization contract to provide

27  and maintain high-quality and cost-effective utility service,

28  whether the purchaser is the District or the entity purchasing

29  the utility from the District.

30         k.  In the case of a wastewater facility privatization

31  contract, the District shall give significant weight to the

                                  71

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  technical expertise and experience of the private firm in

 2  carrying out the obligations specified in the wastewater

 3  facility privatization contract.

 4         l.  All moneys paid by a private firm to a District

 5  pursuant to a wastewater facility privatization contract shall

 6  be used for the purpose of reducing or offsetting property

 7  taxes, wastewater service rates, or debt reduction or making

 8  infrastructure improvements or capital asset expenditures or

 9  other public purpose, provided, however, that nothing herein

10  shall preclude the District from using all or part of the

11  moneys for the purpose of the District's qualification for

12  relief from the repayment of federal grant awards associated

13  with the wastewater system as may be required by federal law

14  or regulation. The District shall prepare a statement showing

15  that the purchase, sale, or wastewater facility privatization

16  contract is in the public interest, including a summary of the

17  purchaser's or private firm's experience in water, sewer, or

18  wastewater reuse utility operation and a showing of financial

19  ability to provide the service, whether the purchaser or

20  private firm is the District or the entity purchasing the

21  utility from the District.

22         (c)  To provide bridges or culverts that may be needed

23  across any drain, ditch, canal, floodway, holding basin,

24  excavation, public highway, tract, grade, fill, or cut and

25  roadways over levees and embankments, and to construct any and

26  all of such works and improvements across, through, or over

27  any public right-of way, highway, grade, fill, or cut.

28         (d)  To provide district roads equal to or exceeding

29  the specifications of the county in which such District roads

30  are located, and to provide street lights, including

31  conditions of development approval for which specifications

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  may sometimes be different than the normal specifications of

 2  the county. This special power includes, but is not limited

 3  to, roads, parkways, bridges, landscaping, hardscaping,

 4  irrigation, bicycle lanes, jogging paths, street lighting,

 5  traffic signals, regulatory or informational signage, road

 6  striping, underground conduit, underground cable or fiber or

 7  wire installed to pursuant an agreement with or tariff of a

 8  retail provider of services, and all other customary elements

 9  of a functioning modern road system in general or as tied to

10  the conditions of development approval for the area within the

11  District, and parking facilities that are freestanding or that

12  may be related to any innovative strategic intermodal system

13  of transportation pursuant to applicable federal, state, and

14  local law and ordinance.

15         (e)  To provide buses, trolleys, transit shelters,

16  ridesharing facilities and services, parking improvements, and

17  related signage.

18         (f)  To provide investigation and remediation costs

19  associated with the cleanup of actual or perceived

20  environmental contamination within the District under the

21  supervision or direction of a competent governmental authority

22  unless the covered costs benefit any person who is a landowner

23  within the District and who caused or contributed to the

24  contamination.

25         (g)  To provide observation areas, mitigation areas,

26  and wildlife habitat, including the maintenance of any plant

27  or animal species, and any related interest in real or

28  personal property.

29         (h)  Using its general and special powers as set forth

30  in this act, to provide any other project within or without

31  the boundaries of the District when the project is the subject

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  of an agreement between the District and the Board of County

 2  Commissioners of either Manatee County or Sarasota County or

 3  with any other applicable public or private entity, and is not

 4  inconsistent with the effective local comprehensive plans.

 5         (i)  To provide parks and facilities for indoor and

 6  outdoor recreational, cultural, and educational uses.

 7         (j)  To provide fire prevention and control, including

 8  fire stations, water mains and plugs, fire trucks, and other

 9  vehicles and equipment.

10         (k)  To provide school buildings and related

11  structures, which may be leased, sold, or donated to the

12  school district, for use in the educational system when

13  authorized by the district school board.

14         (l)  To provide security, including, but not limited

15  to, guardhouses, fences, and gates, electronic

16  intrusion-detection systems, and patrol cars, when authorized

17  by proper governmental agencies; however, the District may not

18  exercise any powers of a law enforcement agency but may

19  contract with the appropriate local general-purpose government

20  agencies for an increased level of such services within the

21  District boundaries. Notwithstanding any provision of general

22  law, the District may operate guardhouses for the limited

23  purpose of providing security for the residents of the

24  District and which serve a predominate public, as opposed to

25  private, purpose. Such guardhouses shall be operated by the

26  District or any other unit of local government pursuant to

27  procedures designed to serve such security purposes as set

28  forth in rules adopted by the board, from time to time,

29  following the procedures set forth in chapter 120, Florida

30  Statutes.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (m)  To provide control and elimination of mosquitoes

 2  and other arthropods of public health importance.

 3         (n)  To provide waste collection and disposal.

 4         (o)  To enter into impact fee credit agreements with

 5  Manatee County or Sarasota County. Under such agreements, if

 6  the District constructs or makes contributions for public

 7  systems, facilities, services, projects, improvements, works,

 8  and infrastructures for which impact fee credits would be

 9  available to the landowner developer under the applicable

10  impact fee ordinance, the agreement authorized by this act

11  shall provide that such impact fee credit shall inure to the

12  landowners within the District in proportion to assessments or

13  other burdens levied and imposed upon the landowners with

14  respect to assessable improvements giving rise to such impact

15  fee credits, and the District shall from time to time execute

16  such instruments, such as assignments of impact fee credits,

17  as may be necessary, appropriate, or desirable to accomplish

18  or to confirm the foregoing.

19         (p)  To provide buildings and structures for District

20  offices, maintenance facilities, meeting facilities, town

21  centers, or any other project authorized or granted by this

22  act.

23         (q)  To establish and create, at noticed meetings, such

24  governmental departments of the Board of Supervisors of the

25  District, as well as committees, task forces, boards, or

26  commissions, or other agencies under the supervision and

27  control of the District, as from time to time the members of

28  the board may deem necessary or desirable in the performance

29  of the acts or other things necessary to exercise the board's

30  general or special powers to implement an innovative project

31  to carry out the special purpose of the District as provided

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  in this act and to delegate the exercise of its powers to such

 2  departments, boards, task forces, committees, or other

 3  agencies and such administrative duties and other powers as

 4  the board may deem necessary or desirable but only if there is

 5  a set of expressed limitations for accountability, notice, and

 6  periodic written reporting to the board that shall retain the

 7  powers of the board.

 8  

 9  The enumeration of special powers herein shall not be deemed

10  exclusive or restrictive but shall be deemed to incorporate

11  all powers express or implied necessary or incident to

12  carrying out such enumerated special powers, including also

13  the general powers provided by this special act charter to the

14  District to implement its single purpose. Further, the

15  provisions of this subsection shall be construed liberally in

16  order to carry out effectively the special purpose of this

17  District under this act. The District shall only exercise the

18  special powers described in paragraphs (a) through (p) within

19  Manatee County upon the execution of an interlocal agreement

20  between the District and Manatee County consenting to the

21  District's exercise of those powers within Manatee County. The

22  District shall only exercise the special powers described in

23  paragraphs (a) through (p) within Sarasota County upon the

24  execution of an interlocal agreement between the District and

25  Sarasota County consenting to the District's exercise of those

26  powers within Sarasota County. The District may exercise

27  different powers within each county, depending upon the timing

28  and content of the respective interlocal agreement, as either

29  may be amended from time to time.

30         (8)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition

31  to the other powers provided for in this act, and not in

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  limitation thereof, the District shall have the power, at any

 2  time and from time to time after the issuance of any bonds of

 3  the District shall have been authorized, to borrow money for

 4  the purposes for which such bonds are to be issued in

 5  anticipation of the receipt of the proceeds of the sale of

 6  such bonds and to issue bond anticipation notes in a principal

 7  sum not in excess of the authorized maximum amount of such

 8  bond issue. Such notes shall be in such denomination or

 9  denominations, bear interest at such rate as the board may

10  determine not to exceed the maximum rate allowed by general

11  law, mature at such time or times not later than 5 years from

12  the date of issuance, and be in such form and executed in such

13  manner as the board shall prescribe. Such notes may be sold at

14  either public or private sale or, if such notes shall be

15  renewal notes, may be exchanged for notes then outstanding on

16  such terms as the board shall determine. Such notes shall be

17  paid from the proceeds of such bonds when issued. The board

18  may, in its discretion, in lieu of retiring the notes by means

19  of bonds, retire them by means of current revenues or from any

20  taxes or assessments levied for the payment of such bonds,

21  but, in such event, a like amount of the bonds authorized

22  shall not be issued.

23         (9)  BORROWING.--The District at any time may obtain

24  loans, in such amount and on such terms and conditions as the

25  board may approve, for the purpose of paying any of the

26  expenses of the District or any costs incurred or that may be

27  incurred in connection with any of the projects of the

28  District, which loans shall bear interest as the board

29  determines, not to exceed the maximum rate allowed by general

30  law, and may be payable from and secured by a pledge of such

31  funds, revenues, taxes, and assessments as the board may

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  determine, subject, however, to the provisions contained in

 2  any proceeding under which bonds were theretofore issued and

 3  are then outstanding. For the purpose of defraying such costs

 4  and expenses, the District may issue negotiable notes,

 5  warrants, or other evidences of debt to be payable at such

 6  times and to bear such interest as the board may determine,

 7  not to exceed the maximum rate allowed by general law, and to

 8  be sold or discounted at such price or prices not less than 95

 9  percent of par value and on such terms as the board may deem

10  advisable. The board shall have the right to provide for the

11  payment thereof by pledging the whole or any part of the

12  funds, revenues, taxes, and assessments of the District. The

13  approval of the electors residing in the District shall not be

14  necessary except when required by the State Constitution.

15         (10)  BONDS.--

16         (a)  Sale of bonds.--Bonds may be sold in blocks or

17  installments at different times, or an entire issue or series

18  may be sold at one time. Bonds may be sold at public or

19  private sale after such advertisement, if any, as the board

20  may deem advisable but not in any event at less than 90

21  percent of the par value thereof, together with accrued

22  interest thereon. Bonds may be sold or exchanged for refunding

23  bonds. Special assessment and revenue bonds may be delivered

24  by the District as payment of the purchase price of any

25  project or part thereof, or a combination of projects or parts

26  thereof, or as the purchase price or exchange for any

27  property, real, personal, or mixed, including franchises or

28  services rendered by any contractor, engineer, or other

29  person, all at one time or in blocks from time to time, in

30  such manner and upon such terms as the board in its discretion

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  shall determine. The price or prices for any bonds sold,

 2  exchanged, or delivered may be:

 3         1.  The money paid for the bonds.

 4         2.  The principal amount, plus accrued interest to the

 5  date of redemption or exchange, or outstanding obligations

 6  exchanged for refunding bonds.

 7         3.  In the case of special assessment or revenue bonds,

 8  the amount of any indebtedness to contractors or other persons

 9  paid with such bonds, or the fair value of any properties

10  exchanged for the bonds, as determined by the board.

11         (b)  Authorization and form of bonds.--Any general

12  obligation bonds, special assessment bonds, or revenue bonds

13  may be authorized by resolution or resolutions of the board

14  which shall be adopted by a majority of all the members

15  thereof then in office. Such resolution or resolutions may be

16  adopted at the same meeting at which they are introduced and

17  need not be published or posted. The board may, by resolution,

18  authorize the issuance of bonds and fix the aggregate amount

19  of bonds to be issued; the purpose or purposes for which the

20  moneys derived therefrom shall be expended, including, but not

21  limited to, payment of costs as defined in section 2(2)(i);

22  the rate or rates of interest, not to exceed the maximum rate

23  allowed by general law; the denomination of the bonds; whether

24  or not the bonds are to be issued in one or more series; the

25  date or dates of maturity, which shall not exceed 40 years

26  from their respective dates of issuance; the medium of

27  payment; the place or places within or without the state at

28  which payment shall be made; registration privileges;

29  redemption terms and privileges, whether with or without

30  premium; the manner of execution; the form of the bonds,

31  including any interest coupons to be attached thereto; the

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  manner of execution of bonds and coupons; and any and all

 2  other terms, covenants, and conditions thereof and the

 3  establishment of revenue or other funds. Such authorizing

 4  resolution or resolutions may further provide for the

 5  contracts authorized by section 159.825(1)(f) and (g), Florida

 6  Statutes, regardless of the tax treatment of such bonds being

 7  authorized, subject to the finding by the board of a net

 8  saving to the District resulting by reason thereof. Such

 9  authorizing resolution may further provide that such bonds may

10  be executed in accordance with the Registered Public

11  Obligations Act, except that bonds not issued in registered

12  form shall be valid if manually countersigned by an officer

13  designated by appropriate resolution of the board. The seal of

14  the District may be affixed, lithographed, engraved, or

15  otherwise reproduced in facsimile on such bonds. In case any

16  officer whose signature shall appear on any bonds or coupons

17  shall cease to be such officer before the delivery of such

18  bonds, such signature or facsimile shall nevertheless be valid

19  and sufficient for all purposes the same as if he or she had

20  remained in office until such delivery.

21         (c)  Interim certificates; replacement

22  certificates.--Pending the preparation of definitive bonds,

23  the board may issue interim certificates or receipts or

24  temporary bonds, in such form and with such provisions as the

25  board may determine, exchangeable for definitive bonds when

26  such bonds have been executed and are available for delivery.

27  The board may also provide for the replacement of any bonds

28  which become mutilated, lost, or destroyed.

29         (d)  Negotiability of bonds.--Any bond issued under

30  this act or any temporary bond, in the absence of an express

31  recital on the face thereof that it is nonnegotiable, shall be

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  fully negotiable and shall be and constitute a negotiable

 2  instrument within the meaning and for all purposes of the law

 3  merchant and the laws of the state.

 4         (e)  Defeasance.--The board may make such provision

 5  with respect to the defeasance of the right, title, and

 6  interest of the holders of any of the bonds and obligations of

 7  the District in any revenues, funds, or other properties by

 8  which such bonds are secured as the board deems appropriate

 9  and, without limitation on the foregoing, may provide that

10  when such bonds or obligations become due and payable or shall

11  have been called for redemption and the whole amount of the

12  principal and interest and premium, if any, due and payable

13  upon the bonds or obligations then outstanding shall be held

14  in trust for such purpose, and provision shall also be made

15  for paying all other sums payable in connection with such

16  bonds or other obligations, then and in such event the right,

17  title, and interest of the holders of the bonds in any

18  revenues, funds, or other properties by which such bonds are

19  secured shall thereupon cease, terminate, and become void; and

20  the board may apply any surplus in any sinking fund

21  established in connection with such bonds or obligations and

22  all balances remaining in all other funds or accounts other

23  than moneys held for the redemption or payment of the bonds or

24  other obligations to any lawful purpose of the District as the

25  board shall determine.

26         (f)  Issuance of additional bonds.--If the proceeds of

27  any bonds are less than the cost of completing the project in

28  connection with which such bonds were issued, the board may

29  authorize the issuance of additional bonds, upon such terms

30  and conditions as the board may provide in the resolution

31  authorizing the issuance thereof, but only in compliance with

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  the resolution or other proceedings authorizing the issuance

 2  of the original bonds.

 3         (g)  Refunding bonds.--The District shall have the

 4  power to issue bonds to provide for the retirement or

 5  refunding of any bonds or obligations of the District that at

 6  the time of such issuance are or subsequent thereto become due

 7  and payable, or that at the time of issuance have been called

 8  or are or will be subject to call for redemption within 10

 9  years thereafter, or the surrender of which can be procured

10  from the holders thereof at prices satisfactory to the board.

11  Refunding bonds may be issued at any time that in the judgment

12  of the board such issuance will be advantageous to the

13  District. No approval of the qualified electors residing in

14  the District shall be required for the issuance of refunding

15  bonds except in cases in which such approval is required by

16  the State Constitution. The board may by resolution confer

17  upon the holders of such refunding bonds all rights, powers,

18  and remedies to which the holders would be entitled if they

19  continued to be the owners and had possession of the bonds for

20  the refinancing of which such refunding bonds are issued,

21  including, but not limited to, the preservation of the lien of

22  such bonds on the revenues of any project or on pledged funds,

23  without extinguishment, impairment, or diminution thereof. The

24  provisions of this act pertaining to bonds of the District

25  shall, unless the context otherwise requires, govern the

26  issuance of refunding bonds, the form and other details

27  thereof, the rights of the holders thereof, and the duties of

28  the board with respect to them.

29         (h)  Revenue bonds.--

30         1.  The District shall have the power to issue revenue

31  bonds from time to time without limitation as to amount. Such

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  revenue bonds may be secured by, or payable from, the gross or

 2  net pledge of the revenues to be derived from any project or

 3  combination of projects; from the rates, fees, or other

 4  charges to be collected from the users of any project or

 5  projects; from any revenue-producing undertaking or activity

 6  of the District; from special assessments; or from benefit

 7  special assessments; or from any other source or pledged

 8  security. Such bonds shall not constitute an indebtedness of

 9  the District, and the approval of the qualified electors shall

10  not be required unless such bonds are additionally secured by

11  the full faith and credit and taxing power of the District.

12         2.  Any two or more projects may be combined and

13  consolidated into a single project and may hereafter be

14  operated and maintained as a single project. The revenue bonds

15  authorized herein may be issued to finance any one or more of

16  such projects, regardless of whether or not such projects have

17  been combined and consolidated into a single project. If the

18  board deems it advisable, the proceedings authorizing such

19  revenue bonds may provide that the District may thereafter

20  combine the projects then being financed or theretofore

21  financed with other projects to be subsequently financed by

22  the District and that revenue bonds to be thereafter issued by

23  the District shall be on parity with the revenue bonds then

24  being issued, all on such terms, conditions, and limitations

25  as shall have been provided in the proceeding which authorized

26  the original bonds.

27         (i)  General obligation bonds.--

28         1.  Subject to the limitations of this charter, the

29  District shall have the power from time to time to issue

30  general obligation bonds to finance or refinance capital

31  projects or to refund outstanding bonds in an aggregate

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  principal amount of bonds outstanding at any one time not in

 2  excess of 35 percent of the assessed value of the taxable

 3  property within the District as shown on the pertinent tax

 4  records at the time of the authorization of the general

 5  obligation bonds for which the full faith and credit of the

 6  District is pledged. Except for refunding bonds, no general

 7  obligation bonds shall be issued unless the bonds are issued

 8  to finance or refinance a capital project and the issuance has

 9  been approved at an election held in accordance with the

10  requirements for such election as prescribed by the State

11  Constitution. Such elections shall be called to be held in the

12  District by the Board of County Commissioners of Manatee and

13  Sarasota Counties upon the request of the board of the

14  District. The expenses of calling and holding an election

15  shall be at the expense of the District, and the District

16  shall reimburse the county for any expenses incurred in

17  calling or holding such election.

18         2.  The District may pledge its full faith and credit

19  for the payment of the principal and interest on such general

20  obligation bonds and for any reserve funds provided therefor

21  and may unconditionally and irrevocably pledge itself to levy

22  ad valorem taxes on all taxable property in the District, to

23  the extent necessary for the payment thereof, without

24  limitation as to rate or amount.

25         3.  If the board determines to issue general obligation

26  bonds for more than one capital project, the approval of the

27  issuance of the bonds for each and all such projects may be

28  submitted to the electors on one and the same ballot. The

29  failure of the electors to approve the issuance of bonds for

30  any one or more capital projects shall not defeat the approval

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  of bonds for any capital project which has been approved by

 2  the electors.

 3         4.  In arriving at the amount of general obligation

 4  bonds permitted to be outstanding at any one time pursuant to

 5  subparagraph 1., there shall not be included any general

 6  obligation bonds which are additionally secured by the pledge

 7  of:

 8         a.  Any assessments levied in an amount sufficient to

 9  pay the principal and interest on the general obligation bonds

10  so additionally secured, which assessments have been equalized

11  and confirmed by resolution of the board pursuant to this act

12  or section 170.08, Florida Statutes.

13         b.  Water revenues, sewer revenues, or water and sewer

14  revenues of the District to be derived from user fees in an

15  amount sufficient to pay the principal and interest on the

16  general obligation bonds so additionally secured.

17         c.  Any combination of assessments and revenues

18  described in sub-subparagraphs a. and b.

19         (j)  Bonds as legal investment or security.--

20         1.  Notwithstanding any provisions of any other law to

21  the contrary, all bonds issued under the provisions of this

22  act shall constitute legal investments for savings banks,

23  banks, trust companies, insurance companies, executors,

24  administrators, trustees, guardians, and other fiduciaries and

25  for any board, body, agency, instrumentality, county,

26  municipality, or other political subdivision of the state and

27  shall be and constitute security which may be deposited by

28  banks or trust companies as security for deposits of state,

29  county, municipal, or other public funds or by insurance

30  companies as required or voluntary statutory deposits.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         2.  Any bonds issued by the District shall be

 2  incontestable in the hands of bona fide purchasers or holders

 3  for value and shall not be invalid because of any irregularity

 4  or defect in the proceedings for the issue and sale thereof.

 5         (k)  Covenants.--Any resolution authorizing the

 6  issuance of bonds may contain such covenants as the board may

 7  deem advisable, and all such covenants shall constitute valid

 8  and legally binding and enforceable contracts between the

 9  District and the bondholders, regardless of the time of

10  issuance thereof. Such covenants may include, without

11  limitation, covenants concerning the disposition of the bond

12  proceeds; the use and disposition of project revenues; the

13  pledging of revenues, taxes, and assessments; the obligations

14  of the District with respect to the operation of the project

15  and the maintenance of adequate project revenues; the issuance

16  of additional bonds; the appointment, powers, and duties of

17  trustees and receivers; the acquisition of outstanding bonds

18  and obligations; restrictions on the establishing of competing

19  projects or facilities; restrictions on the sale or disposal

20  of the assets and property of the District; the priority of

21  assessment liens; the priority of claims by bondholders on the

22  taxing power of the District; the maintenance of deposits to

23  ensure the payment of revenues by users of District facilities

24  and services; the discontinuance of District services by

25  reason of delinquent payments; acceleration upon default; the

26  execution of necessary instruments; the procedure for amending

27  or abrogating covenants with the bondholders; and such other

28  covenants as may be deemed necessary or desirable for the

29  security of the bondholders.

30         (l)  Validation proceedings.--The power of the District

31  to issue bonds under the provisions of this act may be

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  determined, and any of the bonds of the District maturing over

 2  a period of more than 5 years shall be validated and

 3  confirmed, by court decree, under the provisions of chapter

 4  75, Florida Statutes, and laws amendatory thereof or

 5  supplementary thereto.

 6         (m)  Tax exemption.--To the extent allowed by general

 7  law, all bonds issued hereunder and interest paid thereon and

 8  all fees, charges, and other revenues derived by the District

 9  from the projects provided by this act are exempt from all

10  taxes by the state or by any political subdivision, agency, or

11  instrumentality thereof; however, any interest, income, or

12  profits on debt obligations issued hereunder are not exempt

13  from the tax imposed by chapter 220, Florida Statutes.

14  Further, the District is not exempt from the provisions of

15  chapter 212, Florida Statutes.

16         (n)  Application of section 189.4085, Florida

17  Statutes.--Bonds issued by the District shall meet the

18  criteria set forth in section 189.4085, Florida Statutes.

19         (o)  Act furnishes full authority for issuance of

20  bonds.--This act constitutes full and complete authority for

21  the issuance of bonds and the exercise of the powers of the

22  District provided herein. No procedures or proceedings,

23  publications, notices, consents, approvals, orders, acts, or

24  things by the board, or any board, officer, commission,

25  department, agency, or instrumentality of the District, other

26  than those required by this act, shall be required to perform

27  anything under this act, except that the issuance or sale of

28  bonds pursuant to the provisions of this act shall comply with

29  the general law requirements applicable to the issuance or

30  sale of bonds by the District. Nothing in this act shall be

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  construed to authorize the District to utilize bond proceeds

 2  to fund the ongoing operations of the District.

 3         (p)  Pledge by the state to the bondholders of the

 4  District.--The state pledges to the holders of any bonds

 5  issued under this act that it will not limit or alter the

 6  rights of the District to own, acquire, construct,

 7  reconstruct, improve, maintain, operate, or furnish the

 8  projects or to levy and collect the taxes, assessments,

 9  rentals, rates, fees, and other charges provided for herein

10  and to fulfill the terms of any agreement made with the

11  holders of such bonds or other obligations and that it will

12  not in any way impair the rights or remedies of such holders.

13         (q)  Default.--A default on the bonds or obligations of

14  a District shall not constitute a debt or obligation of the

15  state or any general-purpose local government or the state.

16         (11)  TRUST AGREEMENTS.--Any issue of bonds shall be

17  secured by a trust agreement by and between the District and a

18  corporate trustee or trustees, which may be any trust company

19  or bank having the powers of a trust company within or without

20  the state. The resolution authorizing the issuance of the

21  bonds or such trust agreement may pledge the revenues to be

22  received from any projects of the District and may contain

23  such provisions for protecting and enforcing the rights and

24  remedies of the bondholders as the board may approve,

25  including, without limitation, covenants setting forth the

26  duties of the District in relation to: the acquisition,

27  construction, reconstruction, improvement, maintenance,

28  repair, operation, and insurance of any projects; the fixing

29  and revising of the rates, fees, and charges; and the custody,

30  safeguarding, and application of all moneys and for the

31  employment of consulting engineers in connection with such

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  acquisition, construction, reconstruction, improvement,

 2  maintenance, repair, or operation. It shall be lawful for any

 3  bank or trust company within or without the state which may

 4  act as a depository of the proceeds of bonds or of revenues to

 5  furnish such indemnifying bonds or to pledge such securities

 6  as may be required by the District. Such resolution or trust

 7  agreement may set forth the rights and remedies of the

 8  bondholders and of the trustee, if any, and may restrict the

 9  individual right of action by bondholders. The board may

10  provide for the payment of proceeds of the sale of the bonds

11  and the revenues of any project to such officer, board, or

12  depository as it may designate for the custody thereof and may

13  provide for the method of disbursement thereof with such

14  safeguards and restrictions as it may determine. All expenses

15  incurred in carrying out the provisions of such resolution or

16  trust agreement may be treated as part of the cost of

17  operation of the project to which such trust agreement

18  pertains.

19         (12)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL

20  ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL

21  ASSESSMENTS; MAINTENANCE TAXES.--

22         (a)  Ad valorem taxes.--An elected board shall have the

23  power to levy and assess an ad valorem tax on all the taxable

24  property in the District to construct, operate, and maintain

25  assessable improvements; to pay the principal of, and interest

26  on, any general obligation bonds of the District; and to

27  provide for any sinking or other funds established in

28  connection with any such bonds. An ad valorem tax levied by

29  the board for operating purposes, exclusive of debt service on

30  bonds, shall not exceed 3 mills. The ad valorem tax provided

31  for herein shall be in addition to county and all other ad

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  valorem taxes provided for by law. Such tax shall be assessed,

 2  levied, and collected in the same manner and at the same time

 3  as county taxes. The levy of ad valorem taxes must be approved

 4  by referendum as required by Section 9 of Article VII of the

 5  State Constitution.

 6         (b)  Benefit special assessments.--The board annually

 7  shall determine, order, and levy the annual installment of the

 8  total benefit special assessments for bonds issued and related

 9  expenses to finance assessable improvements. These assessments

10  may be due and collected during each year that county taxes

11  are due and collected, in which case such annual installment

12  and levy shall be evidenced to and certified to the property

13  appraiser by the board not later than August 31 of each year.

14  Such assessment shall be entered by the property appraiser on

15  the county tax rolls and shall be collected and enforced by

16  the tax collector in the same manner and at the same time as

17  county taxes, and the proceeds thereof shall be paid to the

18  District. However, this subsection shall not prohibit the

19  District in its discretion from using the method prescribed in

20  either section 197.3632 or chapter 173, Florida Statutes, as

21  each may be amended from time to time, for collecting and

22  enforcing these assessments. Each annual installment of

23  benefit special assessments shall be a lien on the property

24  against which assessed until paid and shall be enforceable in

25  like manner as county taxes. The amount of the assessment for

26  the exercise of the District's powers under subsections (6)

27  and (7) shall be determined by the board based upon a report

28  of the District's engineer and assessed by the board upon such

29  lands, which may be part or all of the lands within the

30  District benefited by the improvement, apportioned between

31  benefited lands in proportion to the benefits received by each

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  tract of land. The board may, if it determines it is in the

 2  best interests of the District, set forth in the proceedings

 3  initially levying such benefit special assessments or in

 4  subsequent proceedings a formula for the determination of an

 5  amount, which when paid by a taxpayer with respect to any tax

 6  parcel, shall constitute a prepayment of all future annual

 7  installments of such benefit special assessments and that the

 8  payment of which amount with respect to such tax parcel shall

 9  relieve and discharge such tax parcel of the lien of such

10  benefit special assessments and any subsequent annual

11  installment thereof. The board may provide further that upon

12  delinquency in the payment of any annual installment of

13  benefit special assessments, the prepayment amount of all

14  future annual installments of benefit special assessments as

15  determined in the preceding sentence shall be and become

16  immediately due and payable together with such delinquent

17  annual installment.

18         (c)  Non-ad valorem maintenance taxes.--If and when

19  authorized by general law, to maintain and to preserve the

20  physical facilities and services constituting the works,

21  improvements, or infrastructure provided by the District

22  pursuant to this act, to repair and restore any one or more of

23  them, when needed, and to defray the current expenses of the

24  District, including any sum which may be required to pay state

25  and county ad valorem taxes on any lands which may have been

26  purchased and which are held by the District under the

27  provisions of this act, the Board of Supervisors may, upon the

28  completion of said systems, facilities, services, works,

29  improvements, or infrastructure, in whole or in part, as may

30  be certified to the board by the engineer of the board, levy

31  annually a non-ad valorem and nonmillage tax upon each tract

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  or parcel of land within the District, to be known as a

 2  "maintenance tax." This non-ad valorem maintenance tax shall

 3  be apportioned upon the basis of the net assessments of

 4  benefits assessed as accruing from the original construction

 5  and shall be evidenced to and certified by the Board of

 6  Supervisors of the District not later than June 1 of each year

 7  to the property appraisers of Manatee and Sarasota Counties

 8  and shall be extended by the property appraiser on the tax

 9  roll of the property appraiser, as certified by the property

10  appraiser to the tax collector, and collected by the tax

11  collector on the merged collection roll of the tax collector

12  in the same manner and at the same time as county ad valorem

13  taxes, and the proceeds therefrom shall be paid to the

14  District. This non-ad valorem maintenance tax shall be a lien

15  until paid on the property against which assessed and

16  enforceable in like manner and of the same dignity as county

17  ad valorem taxes.

18         (d)  Maintenance special assessments.--To maintain and

19  preserve the facilities and projects of the District, the

20  board may levy a maintenance special assessment. This

21  assessment may be evidenced to and certified to the property

22  appraiser by the Board of Supervisors not later than August 31

23  of each year and shall be entered by the property appraiser on

24  the county tax rolls and shall be collected and enforced by

25  the tax collector in the same manner and at the same time as

26  county taxes, and the proceeds therefrom shall be paid to the

27  District. However, this subsection shall not prohibit the

28  District in its discretion from using the method prescribed in

29  either section 197.363, section 197.3631, or section 197.3632,

30  Florida Statutes, for collecting and enforcing these

31  assessments. These maintenance special assessments shall be a

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  lien on the property against which assessed until paid and

 2  shall be enforceable in like manner as county taxes. The

 3  amount of the maintenance special assessment for the exercise

 4  of the District's powers under this section shall be

 5  determined by the board based upon a report of the District's

 6  engineer and assessed by the board upon such lands, which may

 7  be all of the lands within the District benefited by the

 8  maintenance thereof, apportioned between the benefited lands

 9  in proportion to the benefits received by each tract of land.

10         (e)  Special assessments.--To levy and impose any

11  special assessments pursuant to this subsection.

12         (f)  Enforcement of taxes.--The collection and

13  enforcement of all taxes levied by the District shall be at

14  the same time and in like manner as county taxes, and the

15  provisions of the laws of Florida relating to the sale of

16  lands for unpaid and delinquent county taxes; the issuance,

17  sale, and delivery of tax certificates for such unpaid and

18  delinquent county taxes; the redemption thereof; the issuance

19  to individuals of tax deeds based thereon; and all other

20  procedures in connection therewith shall be applicable to the

21  District to the same extent as if such statutory provisions

22  were expressly set forth herein. All taxes shall be subject to

23  the same discounts as county taxes.

24         (g)  When unpaid tax is delinquent; penalty.--All taxes

25  provided for in this act shall become delinquent and bear

26  penalties on the amount of such taxes in the same manner as

27  county taxes.

28         (h)  Status of assessments.--Benefit special

29  assessments, maintenance special assessments, and special

30  assessments are hereby found and determined to be non-ad

31  valorem assessments as defined by section 197.3632, Florida

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  Statutes. Maintenance taxes are non-ad valorem taxes and are

 2  not special assessments.

 3         (i)  Assessments constitute liens; collection.--Any and

 4  all assessments, including special assessments, benefit

 5  special assessments, and maintenance special assessments

 6  authorized by this section, and including special assessments

 7  as defined by section 2(2)(z) and granted and authorized by

 8  this subsection, and including maintenance taxes if authorized

 9  by general law, shall constitute a lien on the property

10  against which assessed from the date of levy and imposition

11  thereof until paid, coequal with the lien of state, county,

12  municipal, and school board taxes. These assessments may be

13  collected, at the District's discretion, under authority of

14  section 197.3631, Florida Statutes, as amended from time to

15  time, by the tax collector pursuant to the provisions of

16  sections 197.3632 and 197.3635, Florida Statutes, as amended

17  from time to time, or in accordance with other collection

18  measures provided by law. In addition to, and not in

19  limitation of, any powers otherwise set forth herein or in

20  general law, these assessments may also be enforced pursuant

21  to the provisions of chapter 173, Florida Statutes, as amended

22  from time to time.

23         (j)  Land owned by governmental entity.--Except as

24  otherwise provided by law, no levy of ad valorem taxes or

25  non-ad valorem assessments under this act, chapter 170, or

26  chapter 197, Florida Statutes, as each may be amended from

27  time to time, or otherwise, by a board of a District, on

28  property of a governmental entity that is subject to a ground

29  lease as described in section 190.003(13), Florida Statutes,

30  shall constitute a lien or encumbrance on the underlying fee

31  interest of such governmental entity.

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    21-1521A-05                                        See HB 1429




 1         (13)  SPECIAL ASSESSMENTS.--

 2         (a)  As an alternative method to the levy and

 3  imposition of special assessments pursuant to chapter 170,

 4  Florida Statutes, pursuant to the authority of section

 5  197.3631, Florida Statutes, or pursuant to other provisions of

 6  general law, now or hereafter enacted, which provide a

 7  supplemental means or authority to impose, levy, and collect

 8  special assessments as otherwise authorized under this act,

 9  the board may levy and impose special assessments to finance

10  the exercise of any of its powers permitted under this act

11  using the following uniform procedures:

12         1.  At a noticed meeting, the Board of Supervisors of

13  the District may consider and review an engineer's report on

14  the costs of the systems, facilities, and services to be

15  provided, a preliminary assessment methodology, and a

16  preliminary roll based on acreage or platted lands, depending

17  upon whether platting has occurred.

18         a.  The assessment methodology shall address and

19  discuss and the board shall consider whether the systems,

20  facilities, and services being contemplated will result in

21  special benefits peculiar to the property, different in kind

22  and degree than general benefits, as a logical connection

23  between the systems, facilities, and services themselves and

24  the property, and whether the duty to pay the assessments by

25  the property owners is apportioned in a manner that is fair

26  and equitable and not in excess of the special benefit

27  received. It shall be fair and equitable to designate a fixed

28  proportion of the annual debt service, together with interest

29  thereon, on the aggregate principal amount of bonds issued to

30  finance such systems, facilities, and services which give rise

31  to unique, special, and peculiar benefits to property of the

                                  95

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  same or similar characteristics under the assessment

 2  methodology so long as such fixed proportion does not exceed

 3  the unique, special, and peculiar benefits enjoyed by such

 4  property from such systems, facilities, and services.

 5         b.  The engineer's cost report shall identify the

 6  nature of the proposed systems, facilities, and services,

 7  their location, a cost breakdown plus a total estimated cost,

 8  including cost of construction or reconstruction, labor, and

 9  materials, lands, property, rights, easements, franchises, or

10  systems, facilities, and services to be acquired, cost of

11  plans and specifications, surveys of estimates of costs and

12  revenues, costs of engineering, legal, and other professional

13  consultation services, and other expenses or costs necessary

14  or incident to determining the feasibility or practicability

15  of such construction, reconstruction, or acquisition,

16  administrative expenses, relationship to the authority and

17  power of the District in its charter, and such other expenses

18  or costs as may be necessary or incident to the financing to

19  be authorized by the Board of Supervisors.

20         c.  The preliminary assessment roll to be prepared will

21  be in accordance with the method of assessment provided for in

22  the assessment methodology and as may be adopted by the Board

23  of Supervisors; the assessment roll shall be completed as

24  promptly as possible and shall show the acreage, lots, lands,

25  or plats assessed and the amount of the fairly and reasonably

26  apportioned assessment based on special and peculiar benefit

27  to the property, lot, parcel, or acreage of land; and, if the

28  assessment against each such lot, parcel, acreage, or portion

29  of land is to be paid in installments, the number of annual

30  installments in which the assessment is divided shall be

31  entered into and shown upon the assessment roll.

                                  96

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         2.  The Board of Supervisors of the District may

 2  determine and declare by an initial assessment resolution to

 3  levy and assess the assessments with respect to assessable

 4  improvements stating the nature of the systems, facilities,

 5  and services, improvements, projects, or infrastructure

 6  constituting such assessable improvements, the information in

 7  the engineer's cost report, the information in the assessment

 8  methodology as determined by the board at the noticed meeting

 9  and referencing and incorporating as part of the resolution

10  the engineer's cost report, the preliminary assessment

11  methodology, and the preliminary assessment roll as referenced

12  exhibits to the resolution by reference. If the board

13  determines to declare and levy the special assessments by the

14  initial assessment resolution, the board shall also adopt and

15  declare a notice resolution which shall provide and cause the

16  initial assessment resolution to be published once a week for

17  a period of 2 weeks in newspapers of general circulation

18  published in Manatee and Sarasota Counties and said board

19  shall by the same resolution fix a time and place at which the

20  owner or owners of the property to be assessed or any other

21  persons interested therein may appear before said board and be

22  heard as to the propriety and advisability of making such

23  improvements, as to the costs thereof, as to the manner of

24  payment therefor, and as to the amount thereof to be assessed

25  against each property so improved. Thirty days' notice in

26  writing of such time and place shall be given to such property

27  owners. The notice shall include the amount of the assessment

28  and shall be served by mailing a copy to each assessed

29  property owner at his or her last known address, the names and

30  addresses of such property owners to be obtained from the

31  record of the property appraiser of the county political

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  subdivision in which the land is located or from such other

 2  sources as the district manager or engineer deems reliable,

 3  and proof of such mailing shall be made by the affidavit of

 4  the manager of the District or by the engineer, said proof to

 5  be filed with the district manager, provided that failure to

 6  mail said notice or notices shall not invalidate any of the

 7  proceedings hereunder. It is provided further that the last

 8  publication shall be at least 1 week prior to the date of the

 9  hearing on the final assessment resolution. Said notice shall

10  describe the general areas to be improved and advise all

11  persons interested that the description of each property to be

12  assessed and the amount to be assessed to each piece, parcel,

13  lot, or acre of property may be ascertained at the office of

14  the manager of the District. Such service by publication shall

15  be verified by the affidavit of the publisher and filed with

16  the manager of the District. Moreover, the initial assessment

17  resolution with its attached, referenced, and incorporated

18  engineer's cost report, preliminary assessment methodology,

19  and preliminary assessment roll, along with the notice

20  resolution, shall be available for public inspection at the

21  office of the manager and the office of the engineer or any

22  other office designated by the Board of Supervisors in the

23  notice resolution. Notwithstanding the foregoing, the

24  landowners of all of the property which is proposed to be

25  assessed may give the District written notice of waiver of any

26  notice and publication provided for in this subparagraph and

27  such notice and publication shall not be required, provided,

28  however, that any meeting of the Board of Supervisors to

29  consider such resolution shall be a publicly noticed meeting.

30         3.  At the time and place named in the noticed

31  resolution as provided for in subparagraph 2., the Board of

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  Supervisors of the District shall meet and hear testimony from

 2  affected property owners as to the propriety and advisability

 3  of making the systems, facilities, services, projects, works,

 4  improvements, or infrastructure and funding them with

 5  assessments referenced in the initial assessment resolution on

 6  the property. Following the testimony and questions from the

 7  members of the board or any professional advisors to the

 8  District of the preparers of the engineer's cost report, the

 9  assessment methodology, and the assessment roll, the Board of

10  Supervisors shall make a final decision on whether to levy and

11  assess the particular assessments. Thereafter, the Board of

12  Supervisors shall meet as an equalizing board to hear and to

13  consider any and all complaints as to the particular

14  assessments and shall adjust and equalize the assessments on

15  the basis of justice and right.

16         4.  When so equalized and approved by resolution or

17  ordinance by the Board of Supervisors, to be called the final

18  assessment resolution, a final assessment roll shall be filed

19  with the clerk of the board and such assessment shall stand

20  confirmed and remain legal, valid, and binding first liens on

21  the property against which such assessments are made until

22  paid, equal in dignity to the first liens of ad valorem

23  taxation of county and municipal governments and school

24  boards. However, upon completion of the systems, facilities,

25  service, project, improvement, works, or infrastructure, the

26  District shall credit to each of the assessments the

27  difference in the assessment as originally made, approved,

28  levied, assessed, and confirmed and the proportionate part of

29  the actual cost of the improvement to be paid by the

30  particular special assessments as finally determined upon the

31  completion of the improvement; but in no event shall the final

                                  99

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  assessment exceed the amount of the special and peculiar

 2  benefits as apportioned fairly and reasonably to the property

 3  from the system, facility, or service being provided as

 4  originally assessed. Promptly after such confirmation, the

 5  assessment shall be recorded by the clerk of the District in

 6  the minutes of the proceedings of the District, and the record

 7  of the lien in this set of minutes shall constitute prima

 8  facie evidence of its validity. The Board of Supervisors, in

 9  its sole discretion, may, by resolution grant a discount equal

10  to all or a part of the payee's proportionate share of the

11  cost of the project consisting of bond financing cost, such as

12  capitalized interest, funded reserves, and bond discounts

13  included in the estimated cost of the project, upon payment in

14  full of any assessments during such period prior to the time

15  such financing costs are incurred as may be specified by the

16  Board of Supervisors in such resolution.

17         5.  District assessments may be made payable in

18  installments over no more than 30 years from the date of the

19  payment of the first installment thereof and may bear interest

20  at fixed or variable rates.

21         (b)  Notwithstanding any provision of this act or

22  chapter 170, Florida Statutes, that portion of section 170.09,

23  Florida Statutes, that provides that assessments may be paid

24  without interest at any time within 30 days after the

25  improvement is completed and a resolution accepting the same

26  has been adopted by the governing authority shall not be

27  applicable to any District assessments, whether imposed,

28  levied, and collected pursuant to the provisions of this act

29  or other provisions of Florida law, including, but not limited

30  to chapter 170, Florida Statutes.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (c)  In addition, the District is authorized expressly

 2  in the exercise of its rulemaking power to adopt a rule or

 3  rules which provides or provide for notice, levy, imposition,

 4  equalization, and collection of assessments.

 5         (14)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON

 6  ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--

 7         (a)  The board may, after any special assessments or

 8  benefit special assessments for assessable improvements are

 9  made, determined, and confirmed as provided in this act, issue

10  certificates of indebtedness for the amount so assessed

11  against the abutting property or property otherwise benefited,

12  as the case may be, and separate certificates shall be issued

13  against each part or parcel of land or property assessed,

14  which certificates shall state the general nature of the

15  improvement for which the assessment is made. The certificates

16  shall be payable in annual installments in accordance with the

17  installments of the special assessment for which they are

18  issued. The board may determine the interest to be borne by

19  such certificates, not to exceed the maximum rate allowed by

20  general law, and may sell such certificates at either private

21  or public sale and determine the form, manner of execution,

22  and other details of such certificates. The certificates shall

23  recite that they are payable only from the special assessments

24  levied and collected from the part or parcel of land or

25  property against which they are issued. The proceeds of such

26  certificates may be pledged for the payment of principal of

27  and interest on any revenue bonds or general obligation bonds

28  issued to finance in whole or in part such assessable

29  improvement, or, if not so pledged, may be used to pay the

30  cost or part of the cost of such assessable improvements.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (b)  The District may also issue assessment bonds,

 2  revenue bonds, or other obligations payable from a special

 3  fund into which such certificates of indebtedness referred to

 4  in the preceding subsection may be deposited or, if such

 5  certificates of indebtedness have not been issued, the

 6  District may assign to such special fund for the benefit of

 7  the holders of such assessment bonds or other obligations, or

 8  to a trustee for such bondholders, the assessment liens

 9  provided for in this act unless such certificates of

10  indebtedness or assessment liens have been theretofore pledged

11  for any bonds or other obligations authorized hereunder. In

12  the event of the creation of such special fund and the

13  issuance of such assessment bonds or other obligations, the

14  proceeds of such certificates of indebtedness or assessment

15  liens deposited therein shall be used only for the payment of

16  the assessment bonds or other obligations issued as provided

17  in this section. The District is authorized to covenant with

18  the holders of such assessment bonds, revenue bonds, or other

19  obligations that it will diligently and faithfully enforce and

20  collect all the special assessments, and interest and

21  penalties thereon, for which such certificates of indebtedness

22  or assessment liens have been deposited in or assigned to such

23  fund; to foreclose such assessment liens so assigned to such

24  special fund or represented by the certificates of

25  indebtedness deposited in the special fund, after such

26  assessment liens have become delinquent, and deposit the

27  proceeds derived from such foreclosure, including interest and

28  penalties, in such special fund; and to make any other

29  covenants deemed necessary or advisable in order to properly

30  secure the holders of such assessment bonds or other

31  obligations.

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (c)  The assessment bonds, revenue bonds, or other

 2  obligations issued pursuant to this section shall have such

 3  dates of issue and maturity as shall be deemed advisable by

 4  the board; however, the maturities of such assessment bonds or

 5  other obligations shall not be more than 2 years after the due

 6  date of the last installment which will be payable on any of

 7  the special assessments for which such assessment liens, or

 8  the certificates of indebtedness representing such assessment

 9  liens, are assigned to or deposited in such special fund.

10         (d)  Such assessment bonds, revenue bonds, or other

11  obligations issued under this section shall bear such interest

12  as the board may determine, not to exceed the maximum rate

13  allowed by general law, and shall be executed, shall have such

14  provisions for redemption prior to maturity, shall be sold in

15  the manner, and shall be subject to all of the applicable

16  provisions contained in this act for revenue bonds, except as

17  the same may be inconsistent with the provisions of this

18  section.

19         (e)  All assessment bonds, revenue bonds, or other

20  obligations issued under the provisions of this section shall

21  be, shall constitute, and shall have all the qualities and

22  incidents of negotiable instruments under the law merchant and

23  the laws of the state.

24         (15)  TAX LIENS.--All taxes of the District provided

25  for in this act, except together with all penalties for

26  default in the payment of the same and all costs in collecting

27  the same, including a reasonable attorney's fee fixed by the

28  court and taxed as a cost in the action brought to enforce

29  payment, shall, from January 1 for each year the property is

30  liable to assessment and until paid, constitute a lien of

31  equal dignity with the liens for state and county taxes and

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  other taxes of equal dignity with state and county taxes upon

 2  all the lands against which such taxes shall be levied. A sale

 3  of any of the real property within the District for state and

 4  county or other taxes shall not operate to relieve or release

 5  the property so sold from the lien for subsequent District

 6  taxes or installments of District taxes, which lien may be

 7  enforced against such property as though no such sale thereof

 8  had been made. In addition to, and not in limitation of, the

 9  preceding sentence, for purposes of section 197.552, Florida

10  Statutes, the lien of all special assessments levied by the

11  District shall constitute a lien of record held by a municipal

12  or county governmental unit. The provisions of sections

13  194.171, 197.122, 197.333, and 197.432, Florida Statutes,

14  shall be applicable to District taxes with the same force and

15  effect as if such provisions were expressly set forth in this

16  act.

17         (16)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY

18  THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--

19         (a)  The District shall have the power and right to:

20         1.  Pay any delinquent state, county, District,

21  municipal, or other tax or assessment upon lands located

22  wholly or partially within the boundaries of the District.

23         2.  Redeem or purchase any tax sales certificates

24  issued or sold on account of any state, county, District,

25  municipal, or other taxes or assessments upon lands located

26  wholly or partially within the boundaries of the District.

27         (b)  Delinquent taxes paid, or tax sales certificates

28  redeemed or purchased, by the District, together with all

29  penalties for the default in payment of the same and all costs

30  in collecting the same and a reasonable attorney's fee, shall

31  constitute a lien in favor of the District of equal dignity

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  with the liens of state and county taxes and other taxes of

 2  equal dignity with state and county taxes upon all the real

 3  property against which the taxes were levied. The lien of the

 4  District may be foreclosed in the manner provided in this act.

 5         (c)  In any sale of land pursuant to section 197.542,

 6  Florida Statutes, as may be amended from time to time, the

 7  District may certify to the clerk of the circuit court of the

 8  county holding such sale the amount of taxes due to the

 9  District upon the lands sought to be sold, and the District

10  shall share in the disbursement of the sales proceeds in

11  accordance with the provisions of this act and under the laws

12  of the state.

13         (17)  FORECLOSURE OF LIENS.--Any lien in favor of the

14  District arising under this act may be foreclosed by the

15  District by foreclosure proceedings in the name of the

16  District in a court of competent jurisdiction as provided by

17  general law in like manner as is provided in chapter 173,

18  Florida Statutes, and amendments thereto and the provisions of

19  that chapter shall be applicable to such proceedings with the

20  same force and effect as if those provisions were expressly

21  set forth in this act. Any act required or authorized to be

22  done by or on behalf of a municipality in foreclosure

23  proceedings under chapter 173, Florida Statutes, may be

24  performed by such officer or agent of the District as the

25  Board of Supervisors may designate. Such foreclosure

26  proceedings may be brought at any time after the expiration of

27  1 year from the date any tax, or installment thereof, becomes

28  delinquent; however, no lien shall be foreclosed against any

29  political subdivision or agency of the state. Other legal

30  remedies shall remain available.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (18)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,

 2  FACILITIES, AND SERVICES.--To the full extent permitted by

 3  law, the District shall require all lands, buildings,

 4  premises, persons, firms, and corporations within the District

 5  to use the water management and control facilities and water

 6  and sewer facilities of the District.

 7         (19)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS;

 8  RELATED PROVISIONS REQUIRED.--

 9         (a)  No contract shall be let by the board for any

10  goods, supplies, or materials to be purchased when the amount

11  thereof to be paid by the District shall exceed the amount

12  provided in section 287.017, Florida Statutes, as amended from

13  time to time, for category four, unless notice of bids shall

14  be advertised once in a newspaper in general circulation in

15  either Manatee County or Sarasota County. Any board seeking to

16  construct or improve a public building, structure, or other

17  public works shall comply with the bidding procedures of

18  section 255.20, Florida Statutes, as amended from time to

19  time, and other applicable general law. In each case, the bid

20  of the lowest responsive and responsible bidder shall be

21  accepted unless all bids are rejected because the bids are too

22  high or the board determines it is in the best interests of

23  the District to reject all bids. The board may require the

24  bidders to furnish bond with a responsible surety to be

25  approved by the board. Nothing in this section shall prevent

26  the board from undertaking and performing the construction,

27  operation, and maintenance of any project or facility

28  authorized by this act by the employment of labor, material,

29  and machinery.

30         (b)  The provisions of the Consultants' Competitive

31  Negotiation Act, section 287.055, Florida Statutes, apply to

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  contracts for engineering, architecture, landscape

 2  architecture, or registered surveying and mapping services let

 3  by the board.

 4         (c)  Contracts for maintenance services for any

 5  District facility or project shall be subject to competitive

 6  bidding requirements when the amount thereof to be paid by the

 7  District exceeds the amount provided in section 287.017,

 8  Florida Statutes, as amended from time to time, for category

 9  four. The District shall adopt rules, policies, or procedures

10  establishing competitive bidding procedures for maintenance

11  services. Contracts for other services shall not be subject to

12  competitive bidding unless the District adopts a rule, policy,

13  or procedure applying competitive bidding procedures to said

14  contracts.  Nothing herein shall preclude the use of requests

15  for proposal instead of invitations to bid as determined by

16  the District to be in its best interest.

17         (20)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR

18  ADOPTION AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--

19         (a)  The District is authorized to prescribe, fix,

20  establish, and collect rates, fees, rentals, or other charges,

21  hereinafter sometimes referred to as "revenues," and to revise

22  the same from time to time, for the systems, facilities, and

23  services furnished by the District, within the limits of the

24  District, including, but not limited to, recreational

25  facilities, water management and control facilities, and water

26  and sewer systems; to recover the costs of making connection

27  with any District service, facility, or system; and to provide

28  for reasonable penalties against any user or property for any

29  such rates, fees, rentals, or other charges that are

30  delinquent.

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         (b)  No such rates, fees, rentals, or other charges for

 2  any of the facilities or services of the District shall be

 3  fixed until after a public hearing at which all the users of

 4  the proposed facility or services or owners, tenants, or

 5  occupants served or to be served thereby and all other

 6  interested persons shall have an opportunity to be heard

 7  concerning the proposed rates, fees, rentals, or other

 8  charges. Rates, fees, rentals, and other charges shall be

 9  adopted under the administrative rulemaking authority of the

10  District, but shall not apply to District leases. Notice of

11  such public hearing setting forth the proposed schedule or

12  schedules of rates, fees, rentals, and other charges shall

13  have been published in newspapers of general circulation in

14  Manatee and Sarasota Counties at least once and at least 10

15  days prior to such public hearing. The rulemaking hearing may

16  be adjourned from time to time. After such hearing, such

17  schedule or schedules, either as initially proposed or as

18  modified or amended, may be finally adopted. A copy of the

19  schedule or schedules of such rates, fees, rentals, or charges

20  as finally adopted shall be kept on file in an office

21  designated by the board and shall be open at all reasonable

22  times to public inspection. The rates, fees, rentals, or

23  charges so fixed for any class of users or property served

24  shall be extended to cover any additional users or properties

25  thereafter served which shall fall in the same class, without

26  the necessity of any notice or hearing.

27         (c)  Such rates, fees, rentals, and charges shall be

28  just and equitable and uniform for users of the same class,

29  and when appropriate may be based or computed either upon the

30  amount of service furnished, upon the average number of

31  persons residing or working in or otherwise occupying the

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  premises served, or upon any other factor affecting the use of

 2  the facilities furnished, or upon any combination of the

 3  foregoing factors, as may be determined by the board on an

 4  equitable basis.

 5         (d)  The rates, fees, rentals, or other charges

 6  prescribed shall be such as will produce revenues, together

 7  with any other assessments, taxes, revenues, or funds

 8  available or pledged for such purpose, at least sufficient to

 9  provide for the items hereinafter listed, but not necessarily

10  in the order stated:

11         1.  To provide for all expenses of operation and

12  maintenance of such facility or service.

13         2.  To pay when due all bonds and interest thereon for

14  the payment of which such revenues are, or shall have been,

15  pledged or encumbered, including reserves for such purpose.

16         3.  To provide for any other funds which may be

17  required under the resolution or resolutions authorizing the

18  issuance of bonds pursuant to this act.

19         (e)  The board shall have the power to enter into

20  contracts for the use of the projects of the District and with

21  respect to the services, systems, and facilities furnished or

22  to be furnished by the District.

23         (21)  RECOVERY OF DELINQUENT CHARGES.--In the event

24  that any rates, fees, rentals, charges, or delinquent

25  penalties shall not be paid as and when due and shall be in

26  default for 60 days or more, the unpaid balance thereof and

27  all interest accrued thereon, together with reasonable

28  attorney's fees and costs, may be recovered by the District in

29  a civil action.

30         (22)  DISCONTINUANCE OF SERVICE.--In the event the

31  fees, rentals, or other charges for water and sewer services,

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  or either of them, are not paid when due, the board shall have

 2  the power, under such reasonable rules and regulations as the

 3  board may adopt, to discontinue and shut off both water and

 4  sewer services until such fees, rentals, or other charges,

 5  including interest, penalties, and charges for the shutting

 6  off and discontinuance and the restoration of such water and

 7  sewer services or both, are fully paid; and, for such

 8  purposes, the board may enter on any lands, waters, or

 9  premises of any person, firm, corporation, or body, public or

10  private, within the District limits. Such delinquent fees,

11  rentals, or other charges, together with interest, penalties,

12  and charges for the shutting off and discontinuance and the

13  restoration of such services and facilities and reasonable

14  attorney's fees and other expenses, may be recovered by the

15  District, which may also enforce payment of such delinquent

16  fees, rentals, or other charges by any other lawful method of

17  enforcement.

18         (23)  ENFORCEMENT AND PENALTIES.--The board or any

19  aggrieved person may have recourse to such remedies in law and

20  at equity as may be necessary to ensure compliance with the

21  provisions of this act, including injunctive relief to enjoin

22  or restrain any person violating the provisions of this act or

23  any bylaws, resolutions, regulations, rules, codes, or orders

24  adopted under this act. In case any building or structure is

25  erected, constructed, reconstructed, altered, repaired,

26  converted, or maintained, or any building, structure, land, or

27  water is used, in violation of this act or of any code, order,

28  resolution, or other regulation made under authority conferred

29  by this act or under law, the board or any citizen residing in

30  the District may institute any appropriate action or

31  proceeding to prevent such unlawful erection, construction,

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  reconstruction, alteration, repair, conversion, maintenance,

 2  or use; to restrain, correct, or avoid such violation; to

 3  prevent the occupancy of such building, structure, land, or

 4  water; and to prevent any illegal act, conduct, business, or

 5  use in or about such premises, land, or water.

 6         (24)  SUITS AGAINST THE DISTRICT.--Any suit or action

 7  brought or maintained against the District for damages arising

 8  out of tort, including, without limitation, any claim arising

 9  upon account of an act causing an injury or loss of property,

10  personal injury, or death, shall be subject to the limitations

11  provided in section 768.28, Florida Statutes.

12         (25)  EXEMPTION OF DISTRICT PROPERTY FROM

13  EXECUTION.--All District property shall be exempt from levy

14  and sale by virtue of an execution, and no execution or other

15  judicial process shall issue against such property, nor shall

16  any judgment against the District be a charge or lien on its

17  property or revenues; however, nothing contained herein shall

18  apply to or limit the rights of bondholders to pursue any

19  remedy for the enforcement of any lien or pledge given by the

20  District in connection with any of the bonds or obligations of

21  the District.

22         (26)  TERMINATION, CONTRACTION, OR EXPANSION OF

23  DISTRICT.--

24         (a)  The board may ask the Legislature through its

25  local legislative delegations in and for Manatee and Sarasota

26  Counties to amend this act to contract, to expand or to

27  contract, and to expand the boundaries of the District by

28  amendment of this section.

29         (b)  The District shall remain in existence until:

30         1.  The District is terminated and dissolved pursuant

31  to amendment to this act by the Florida Legislature.

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1         2.  The District has become inactive pursuant to

 2  section 189.4044, Florida Statutes.

 3         (27)  INCLUSION OF TERRITORY.--The inclusion of any or

 4  all territory of the District within a municipality does not

 5  change, alter, or affect the boundary, territory, existence,

 6  or jurisdiction of the District.

 7         (28)  SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED

 8  DISCLOSURE TO PURCHASER.--Subsequent to the creation of this

 9  District under this act, each contract for the initial sale of

10  a parcel of real property and each contract for the initial

11  sale of a residential unit within the District shall include,

12  immediately prior to the space reserved in the contract for

13  the signature of the purchaser, the following disclosure

14  statement in boldfaced and conspicuous type which is larger

15  than the type in the remaining text of the contract: "THE

16  LAKEWOOD RANCH STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES

17  OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS

18  PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE

19  CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN

20  PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT AND

21  ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE

22  TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER

23  LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES

24  AND ASSESSMENTS PROVIDED FOR BY LAW."

25         (29)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30

26  days after the election of the first Board of Supervisors

27  creating this District, the District shall cause to be

28  recorded in the grantor-grantee index of the property records

29  in each county in which it is located a "Notice of Creation

30  and Establishment of the Lakewood Ranch Stewardship District."

31  

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    Florida Senate - 2005        (NP)                      SB 2720
    21-1521A-05                                        See HB 1429




 1  The notice shall, at a minimum, include the legal description

 2  of the property covered by this act.

 3         (30)  DISTRICT PROPERTY PUBLIC; FEES.--Any system,

 4  facility, service, works, improvement, project, or other

 5  infrastructure owned by the District, or funded by federal tax

 6  exempt bonding issued by the District, is public; and the

 7  District by rule may regulate, and may impose reasonable

 8  charges or fees for, the use thereof but not to the extent

 9  that such regulation or imposition of such charges or fees

10  constitutes denial of reasonable access.

11         Section 7.  If any provision of this act is determined

12  unconstitutional or otherwise determined invalid by a court of

13  law, all the rest and remainder of the act shall remain in

14  full force and effect as the law of this state.

15         Section 8.  This act shall take effect upon becoming a

16  law, except that the provisions of this act which authorize

17  the levy of ad valorem taxation shall take effect only upon

18  express approval by a majority vote of those qualified

19  electors of the Lakewood Ranch Stewardship District, as

20  required by Section 9 of Article VII of the State

21  Constitution, voting in a referendum election held at such

22  time as all members of the board are qualified electors who

23  are elected by qualified electors of the district as provided

24  in this act.

25  

26  

27  

28  

29  

30  

31  

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