HB 1483

1	A bill to be entitled
2	An act relating to the Grove Community District,
3	Okeechobee County; providing a short title; creating the
4	Grove Community District; providing for findings,
5	determinations, ascertainments, intent, purpose,
6	definitions, and policy; providing a charter; providing
7	jurisdiction; providing boundaries; providing powers of
8	the district; creating the district as a special, limited,
9	and single-purpose independent district, an independent
10	local government, and corporate body politic, to provide
11	community development infrastructure; providing for
12	authority, boundaries, jurisdiction, and charter
13	amendment; providing for a governing board and terms of
14	office and duties thereof; providing for elections;
15	providing for a district manager; providing for bonds;
16	providing for borrowing; providing for future transition
17	to ad valorem taxation; providing for special assessments;
18	providing for issuance of certificates of indebtedness;
19	providing for tax liens; providing minimum charter
20	requirements; providing for the applicability of and
21	compliance with provisions of chapter 189, Florida
22	Statutes, and other general laws; providing for election
23	of an incorporation committee to review feasibility of
24	incorporating the district as a municipality; providing
25	for severability; providing for a referendum; providing an
26	effective date.
27
28	Be It Enacted by the Legislature of the State of Florida:
29
30	Section 1.  Short title.--This act may be known as the
31	"Grove Community District Act."
32	Section 2.  Legislative findings, ascertainments,
33	determinations, intent, purpose, definitions, and policy.--
34	(1)  LEGISLATIVE FINDINGS.--
35	(a)  The northeastern area of Okeechobee County is unique
36	and special.
37	(b)  The land area of Okeechobee County is relatively
38	untouched and is predominantly used for agriculture or is
39	undeveloped.
40	(c)  The economy of Okeechobee County is dominated by farm
41	and retirement industries and:
42	1.  Okeechobee County is beginning to experience the
43	economic growth that substantially large parts of the remainder
44	of the state have already experienced.
45	2.  While the influence of the farming industry continues
46	to decline, the retirement industry is a major and growing
47	industry.
48	3.  Okeechobee County will experience rapid growth in
49	population over the next 20 years, as more retirees move to the
50	state and find coastal housing too expensive and as more
51	residents from coastal Florida counties move inland to
52	Okeechobee County, including northeastern Okeechobee County.
53	(d)  In implementing protection of natural resources,
54	retention of viable agriculture, and promotion of a sound
55	economy, the Okeechobee County Comprehensive Plan promotes
56	compact, efficient, and self-sustaining mixed-use development.
57	(e)  Evans Properties, Inc., own or have control over
58	approximately 5,683 acres for the development of an innovative
59	new self-sustaining community that fits the goals, aspirations,
60	and plans for northeastern Okeechobee County.
61	(f)  Within and subject to the comprehensive plan and land
62	development regulations, such a community requires appropriate
63	compact, balanced, self-sustaining, and mixed-use development on
64	a human scale with the required innovative balance of such
65	importance to the northeastern Okeechobee County area.
66	(g)  In particular:
67	1.  Creating a new community in northeastern Okeechobee
68	County requires a critical coinciding of existing and future
69	land use with provision of capital facilities and related
70	systems and services, based upon timely, flexible, and
71	specialized management of critical factors and sequential
72	events, balancing among the interests of private enterprise,
73	agriculture, private citizens, taxpayers, consumers, the
74	environment, the economy, the initial landowners, and all
75	applicable levels of government.
76	2.  All the applicable public and private persons and
77	entities have invested and expended substantial time and moneys
78	to generate the county comprehensive plan and the existing and
79	future consistent specific regulatory and comprehensive planning
80	entitlements and consistent land development regulations for the
81	identification, preparation, and development of a new community.
82	3.  Creating such a new community using a single-purpose
83	special independent district to provide infrastructure
84	constitutes innovative planning and flexible development
85	strategies pursuant to section 163.3177(11), Florida Statutes,
86	and Rule 9J-5.006(5)(l), Florida Administrative Code, to
87	minimize the conversion of agricultural lands to other uses, to
88	discourage urban sprawl, and to protect environmentally
89	sensitive areas while maintaining the economic viability of
90	agricultural and other predominately rural land uses and
91	providing for the efficient use of public facilities and
92	services as provided expressly in objective L7 of the Okeechobee
93	County Comprehensive Plan, Future Land Use Element.
94	(h)  There is in particular a special need to use a
95	specialized and limited single-purpose independent district unit
96	of local government for the new community:
97	1.  To prevent urban sprawl by providing self-sustaining
98	and freestanding infrastructure and by preventing needless and
99	counterproductive community development when the existing urban
100	area is not yet developed.
101	2.  To prevent the needless duplication, fragmentation, and
102	proliferation of local government services in a proposed land
103	use area.
104	(i)  Management of public health, safety, welfare,
105	economic, natural, and historic resources in this area of
106	northeastern Okeechobee County transcends the boundaries and
107	responsibilities of both private landowners and individual units
108	of government, so that no one single public or private entity or
109	person can plan or implement policies to deal with the many
110	issues which attend the provision of basic systems, facilities,
111	and services to the area to be managed in northeastern
112	Okeechobee County in order to provide for a new community in the
113	area.
114	(j)  It is the expressed set of findings of the Legislature
115	further that:
116	1.  There is a considerably long period of time during
117	which there is an inordinate infrastructure burden on the
118	initial landowners of the agricultural land area for the new
119	community because of the innovative, special, and unique
120	requirements in the Okeechobee County Comprehensive Plan for the
121	northeastern Okeechobee County area, dealing specifically with
122	flexible management and related sequencing, timing, and
123	financing of the various systems, facilities, and services to be
124	provided to the new community, taking into consideration
125	absorption rates, commercial viability, and related factors.
126	2.  Even as the community matures, there is continuing need
127	for landowners, both initial and subsequent, to bear burdens to
128	provide important infrastructure that remain relatively
129	inordinate in order to preserve such inordinate benefits for
130	northeastern Okeechobee County as the unique environmental and
131	economic purpose of the new community.
132	3.  Longer involvement of the initial landowner with regard
133	to the provision of basic systems, facilities, and services in
134	the new community area, coupled with a severely limited and
135	highly specialized single purpose of the district, is in the
136	public interest.
137	4.  Any public or private system to provide basic
138	infrastructure improvements, systems, facilities, and services
139	to this new community in northeastern Okeechobee County must be
140	focused on an unfettered, highly specialized, innovative,
141	responsive, accountable mechanism to provide the components of
142	infrastructure at sustained levels of high quality over the long
143	term only when and as needed for such a unique community in such
144	a unique area.
145	5.  There is a critical need to maintain such provision of
146	such systems, facilities, and services to the new community
147	because of the unique location and attributes of the
148	northeastern Okeechobee County area, coupled with the unique
149	purpose and location of this new community, subject to,
150	complying with, and not inconsistent with the state, regional,
151	and local requirements which attend implementation of the state
152	plan and the county comprehensive plan.
153	6.  This need is met by coinciding the use and special
154	attributes of various public and private alternatives for the
155	provision of infrastructure to such a community development,
156	including:
157	a.  The public policy and related implementing zoning,
158	permitting, and planning expertise, interests, and capabilities
159	of state and regional government and of the Okeechobee County
160	general-purpose local government;
161	b.  The flexible, limited, focused, and locally accountable
162	management and related financing capabilities of independent
163	special-purpose local government; and
164	c.  The innovative development and marketing private-sector
165	expertise of the initial landowners, developers, and other
166	components of private enterprise.
167	7.  The specialized financing and revenue procedures for
168	the levy and imposition of first-lien assessments, by a variety
169	of names, must be disclosed, followed, noticed, fair,
170	nonarbitrary, informed, reasonable, and accountable and must be
171	set forth dispositively.
172	(k)  The existence and use of such a limited specialized
173	single-purpose local government for the new community, subject
174	to the Okeechobee County Comprehensive Plan, will result in a
175	high propensity:
176	1.  To prevent urban sprawl, to protect and preserve
177	environmental, conservation, and agricultural uses and assets,
178	and to enhance the high-quality use of the applicable area of
179	northeastern Okeechobee County;
180	2.  To enhance the market value for both present and future
181	landowners of the property consistent with the need to protect
182	private property rights in the northeastern Okeechobee area;
183	3.  To enhance the net economic benefit to the Okeechobee
184	County area, including an enhanced and well-maintained tax base
185	to the benefit of all present and future taxpayers in Okeechobee
186	County; and
187	4.  To share the costs for providing such basic systems,
188	facilities, and services in an innovative, sequential, and
189	flexible manner within the new community to be serviced by the
190	Grove Community District.
191	(2)  ASCERTAINMENTS.--Based upon these findings, the
192	Legislature has learned and ascertains that:
193	(a)  There are two public or governmental alternatives and
194	one private alternative available to plan, construct, maintain,
195	and finance the provision of systems, facilities, and services
196	in the intended new community area of northeastern Okeechobee
197	County:
198	1.  One of the public or governmental alternatives for such
199	infrastructure provision is by the board of county commissioners
200	within the Okeechobee County political subdivision which can
201	provide certain basic systems, facilities, and services directly
202	or with management by its staff with financing through either a
203	municipal service taxing unit for ad valorem taxes or municipal
204	service benefit for assessments, or indirectly by nonemergency
205	ordinance use of a dependent district.
206	2.  The second public alternative is use of an independent
207	special district.
208	3.  The private alternative is the private landowner, a
209	private homeowner association, a private utility, a private
210	business corporation, or a partnership or combination of these
211	various private alternatives.
212	(b)  Planning, permitting, and creating the new community
213	and using the independent specialized single-purpose Grove
214	Community District created by this act are consistent with and
215	implement both the Okeechobee County Comprehensive Plan and Land
216	Development Regulations and also the following long-standing and
217	expressed policies of the state:
218	1.  To allow the creation of independent special taxing
219	districts which have uniform general law standards and
220	procedures and which do not overburden other local governments
221	and their taxpayers while preventing the proliferation of
222	independent special taxing districts which do not meet the
223	standards set forth in section 187.201(20), Florida Statutes.
224	a.  There are two alternatives for the use of independent
225	special districts. One alternative is establishment on the
226	approximately 5,683 acres by rule of the Governor and Cabinet of
227	a uniform community development district; the other is a special
228	independent district meeting the minimum requirements of chapter
229	189, Florida Statutes, the applicable district accountability
230	general law.
231	b.  Use of this special act, creating and establishing the
232	district on the approximately 5,683 acres in northeastern
233	Okeechobee County, is the better of the two independent district
234	alternatives because it updates the charter of a community
235	development district under chapter 190, Florida Statutes,
236	eliminates potential for its abuse, clarifies and sets forth
237	certain uniform procedures for liens on property and for access
238	by the public to the property, and makes other substantial
239	reforms to the benefit of the people of Okeechobee County and
240	future landowners, residents, and visitors.
241	2.  To encourage the development of local water supplies,
242	pursuant to section 187.201(7)(b)3., Florida Statutes.
243	3.  To recognize the existence of legitimate and often
244	competing public and private interests and land use regulations
245	and other government action, pursuant to section 187.201(14)(a),
246	Florida Statutes.
247	4.  Consistent with the Okeechobee County Comprehensive
248	Plan, to recognize the importance of preserving natural
249	resources and enhancing quality of life by development in those
250	areas where land and water resources, fiscal abilities, and
251	service capacity can accommodate the land use and growth in a
252	manner that is environmentally acceptable, pursuant to section
253	187.201(15)(a), Florida Statutes.
254	5.  To allocate costs of new public facilities on the basis
255	of benefits received by existing and future residents while
256	planning for the management and financing of new facilities to
257	serve residents in a timely, orderly, and efficient manner,
258	pursuant to section 187.201(17)(a) and (b)3., Florida Statutes.
259	6.  To encourage local government financial self-
260	sufficiency in providing public facilities and to identify and
261	implement fiscally sound, innovative, and cost-effective
262	techniques to provide and finance public facilities while
263	encouraging development, use, and coordination of capital
264	improvement plans by all levels of government, pursuant to
265	section 187.201(17)(b)5., 6., and 7., Florida Statutes, as
266	provided also in the Okeechobee County Comprehensive Plan.
267	7.  To increase, promote, and provide access to cultural,
268	historical, and educational resources and opportunities,
269	pursuant to section 187.201(18)(a) and (b)1., Florida Statutes.
270	8.  To enhance and diversify the economy of the Okeechobee
271	County area by promoting partnerships among education, business,
272	industry, agriculture, and the arts, provide opportunities for
273	training skilled employees for new and expanding businesses, and
274	promote self-sufficiency through training and educational
275	programs that result in productive employment, pursuant to
276	section 187.201(21)(a) and (b)6., 7., and 8., Florida Statutes.
277	9.  To encourage and enhance cooperation among communities
278	that have unique assets, irrespective of political boundaries,
279	to bring the private and public sectors together for
280	establishing an orderly, environmentally sound, and economically
281	sound plan for current and future needs and growth, pursuant to
282	section 187.201(25)(b)8., Florida Statutes.
283	10.  To create independent special districts by or pursuant
284	to general law to ensure long-term management and related
285	financing, to meet the need in the state for timely, efficient,
286	effective, responsive, innovative, accountable, focused, and
287	economic ways to deliver basic services to new communities to
288	solve the state's planning, management, and financing needs for
289	delivery of capital infrastructure in order in turn to provide
290	for projected growth only and to do so without overburdening
291	other governments and their taxpayers, pursuant to section
292	189.402, Florida Statutes, so that providing to the new
293	community basic systems, facilities, and services by independent
294	special districts remains pursuant to uniform general law and
295	section 189.402(3)(a) and (c), Florida Statutes.
296	11.  To ensure that those independent districts and the
297	exercise of their powers are consistent and comply with
298	applicable due process, disclosure, accountability, ethics, and
299	government-in-the-sunshine requirements of law, both to the
300	independent districts and to their elected and appointed
301	officials, pursuant to section 189.402(3)(b), Florida Statutes,
302	because independent special districts are a legitimate
303	alternative method available for use by both the public and
304	private sectors to manage, own, operate, construct, and finance
305	basic capital infrastructure systems, facilities, and services,
306	pursuant to section 189.402(4)(a), Florida Statutes.
307	12.  To ensure that an independent special district is
308	created to serve a special purpose to cooperate and to
309	coordinate its activities with the applicable general-purpose
310	local government because aspects of growth and development
311	transcend boundaries and responsibilities of individual units of
312	government so that no single unit of government can plan or
313	implement policies to deal with these issues unilaterally as
314	effectively, pursuant to section 189.402(7) and (8), Florida
315	Statutes.
316	(c)  Construction, operation, and development of the new
317	community and the use of the special and single-purpose
318	independent district are not inconsistent with the Okeechobee
319	County Comprehensive Plan.
320	(d)  This land area for the new community requires an
321	independent, special, and single-purpose local government, in
322	the form of an independent special district as defined in
323	section 189.403(3), Florida Statutes, subject to all substantive
324	and procedural limitations under state law, including this act,
325	in order to constitute itself a highly specialized alternative
326	and viable growth management concurrency mechanism appropriate
327	for this unique area, available to both the private and public
328	sectors.
329	(e)  Such a district requires timely, flexible, limited,
330	and specialized management and related financing capabilities
331	under its uniform state charter, created by this act pursuant to
332	general law, in order to produce those flexible, innovative, and
333	highly specialized benefits to the new community property in
334	northeastern Okeechobee County.
335	(f)  Such a district must have management capabilities to
336	provide pinpointed, focused, accountable, responsive, limited,
337	specialized, and low-overhead-based capability, authority, and
338	power to provide basic systems, facilities, and services to the
339	new community development with economies of scale but at
340	sustained high levels of quality over the long term.
341	(g)  In order to be responsive to the critical timing
342	required through the exercise of its special management
343	functions, an independent district requires financing of those
344	functions, including bondable lienable and nonlienable revenue,
345	with full and continuing public disclosure and accountability,
346	funded by landowners, both present and future, and funded also
347	by users of the systems, facilities, and services provided to
348	the land area by the district, without burdening the taxpayers
349	and citizens of the state or of Okeechobee County or any
350	municipality in Okeechobee County.
351	(h)  The provision of services by this independent district
352	must implement, be subject to, and function not inconsistent
353	with any related permitting and planning requirements of
354	Okeechobee County and of the Okeechobee County Comprehensive
355	Plan and Land Development Regulations.
356	(i)  The creation, existence, and operation of the Grove
357	Community District, as limited and specialized to its single
358	narrow purpose, will also:
359	1.  Constitute a public mechanism to translate the anti-
360	urban-sprawl objective of the Okeechobee County Comprehensive
361	Plan Future Land Use Element into reality.
362	2.  Constitute a disincentive for premature or
363	inappropriate municipal incorporation consistent with state law.
364	3.  Result in self-contained and self-sustained high-
365	quality infrastructure over the long term.
366	4.  Provide a mechanism for full and continuing disclosure
367	of how basic systems, facilities, and services are both managed
368	and financed, including full and continuing disclosure to both
369	prospective purchasers and all residents of public financing
370	related to any burdens of land ownership and any related burdens
371	on existing or future residents.
372	5.  Implement the Okeechobee County Comprehensive Plan
373	Future Land Use Element because innovative land techniques that
374	use public facilities efficiently, that meet county needs, and
375	that promote a sense of pride and community for its residents
376	are encouraged where the new community is located.
377	(j)  The district is also a mechanism to implement the
378	Okeechobee County Concurrency Management System designed to
379	coincide with, and to implement, both the Okeechobee County
380	future land use element and the capital improvements element for
381	basic systems, facilities, and services consistent with the best
382	interests of the new community.
383	(k)  By serving its single specialized purpose and in
384	preventing urban sprawl, the district will not result in
385	needless proliferation, duplication, and fragmentation of local
386	government systems, facilities, and services in this area of
387	northeastern Okeechobee County.
388	(l)  Subject to its substantive and procedural limitations,
389	the district will assist directly in public and combined public
390	and private planning and coordination in order to achieve
391	innovative solutions to the needs and requirements in this
392	unique new community located in northeastern Okeechobee County.
393	(m)  Management of the timing and phasing of critical
394	sequential events, coordinated by the initial private landowner
395	and the Board of County Commissioners of Okeechobee County, is
396	of fundamental importance and is the basis of the inordinate
397	burden on the initial landowner developer and to enhance the
398	provision of sustained high-quality infrastructure over the long
399	term to enhance the intrinsic value of the new community in
400	order to implement its requirements.
401	(n)  The critical single purpose of the district to provide
402	basic infrastructure systems, facilities, services, works,
403	infrastructure, and improvements to the private new community is
404	in the public interest because it:
405	1.  Does not pass on taxes or profits to purchasers of
406	property or to landowners and residents within their
407	jurisdictions.
408	2.  Results in less tendency for short-term planning,
409	construction, and management considerations because the
410	elections for members of the government board are staggered.
411	3.  Is not influenced, guided, or limited by quarterly and
412	annual profit statements.
413	4.  Does not have police or regulatory powers.
414	5.  Does not have larger general-purpose overhead
415	responsibilities.
416	6.  Is not subject to legitimate but counterveiling fiscal,
417	economic, policy, and political considerations to which large
418	general-purpose local governments and large landowners and
419	developers would be subject in the natural course of events.
420	7.  Does not constitute needless duplication,
421	proliferation, or fragmentation of local government systems,
422	facilities, and services in Okeechobee County.
423	8.  Shall operate and function subject to and not
424	inconsistent with the county comprehensive plan with least
425	overhead cost and with the highest amount of the public
426	disclosure, accountability, responsiveness, and productivity.
427	9.  Coincides its functions with the authority and best
428	interests of local general-purpose government, the private
429	landowners, both present and future, the taxpayers, the future
430	residents, and the state in the provision of needed
431	infrastructure to the community at sustained levels of quality
432	over the long term.
433	10.  Provides highly accountable innovative systems,
434	facilities, and services close to the land and close to the
435	people.
436	11.  Serves a land area that is amenable to separate
437	special district government.
438	12.  Serves a land area that is sufficiently compact and of
439	size sufficient for the functionally interrelated new community
440	development.
441	13.  Serves a land area in which there is no existing local
442	or regional system, facility, or service with which creation and
443	operation of this district and the provision of its systems,
444	facilities, improvements, and infrastructure would be
445	incompatible.
446	14.  Will enhance the intrinsic value of the property and
447	the new community development and be a sustaining source of
448	public revenue.
449	(o)  The independent district charter created in this act
450	involves innovative general and special powers not otherwise
451	available for this unique and highly specialized first ever new
452	community in such a unique area.
453	(p)  The minimum requirements of general law or creation of
454	this district by special act have been met as confirmed and set
455	forth expressly in section 3(1).
456	(3)  DETERMINATIONS.--Based upon its findings and
457	ascertainments, the Legislature states expressly and determines
458	that:
459	(a)  This act represents the findings, ascertainments, and
460	determinations of the Legislature that creating the Grove
461	Community District by special act pursuant to general law is the
462	best alternative as required by section 189.404(2)(e)3., Florida
463	Statutes, because it meets affirmatively the findings and
464	ascertainments of this Legislature set forth hereinabove.
465	(b)  The creation by this act of the district in the area
466	of northeastern Okeechobee County is consistent affirmatively
467	with the Okeechobee County Comprehensive Plan.
468	(c)  The authority for this act is pursuant to section
469	189.404, Florida Statutes, and the State Comprehensive Plan
470	pursuant to section 187.201, Florida Statutes.
471	(d)  The Board of County Commissioners of Okeechobee
472	County, on January 12, 2006, adopted Resolution 2006-1,
473	expressing no objection to the creation and establishment of the
474	Grove Community District and finding it consistent with the
475	Okeechobee County Comprehensive Plan as provided in section
476	189.404(2)(e)4., Florida Statutes.
477	(4)  INTENT.--Based upon its findings, ascertainments, and
478	determinations, the Legislature expresses its intent:
479	(a)  To ensure that the creation and operation of the Grove
480	Community District by and pursuant to this act, exercising its
481	management and related financing powers to implement its
482	limited, single, and special purpose, is not a development order
483	and does not trigger or invoke any development provision within
484	the meaning of chapter 380, Florida Statutes, and all applicable
485	governmental planning, environmental, and land development laws,
486	regulations, rules, policies, and ordinances apply to all
487	development of the land within the jurisdiction of the district
488	created by this act.
489	(b)  That the district operate and function subject to, and
490	not inconsistent with, the Okeechobee County Comprehensive Plan
491	and Land Development Regulations and any applicable development
492	orders, zoning regulations, or other land development
493	regulations.
494	(c)  That under this act, this special and single-purpose
495	Grove Community District shall not have the power of a general-
496	purpose local government to adopt a comprehensive plan or
497	related land development regulations as those terms are defined
498	in the Local Government Comprehensive Planning and Land
499	Development Regulation Act.
500	(d)  That the Grove Community District created by this act
501	constitute an innovative mechanism for long-term, sustained
502	quality public stewardship through the planning, implementation,
503	construction, management, and related financing of basic
504	systems, facilities, services, and infrastructure projects for
505	the self-contained and self-sustained mixed-use new community.
506	(e)  That it is in the public interest that this limited,
507	independent, specialized, and single-purpose district local
508	government have perpetual existence subject only to legislative
509	review as provided in its charter in this act so that it is not
510	in a position to outlive its usefulness.
511	(f)  That the exercise by this Grove Community District of
512	its powers to carry out its single purpose under its charter as
513	created by this act is consistent with applicable due process,
514	disclosure, accountability, ethics, conflict of interest,
515	government-in-the-sunshine, competitive procurement, including
516	its employees or consultants, competitive negotiation, and
517	competitive bidding requirements, both as to the government
518	entity itself and as to its appointed or elected officials as
519	required in this act.
520	(5)  PURPOSE.--The limited, single, and specialized purpose
521	of the Grove Community District is to provide community
522	development systems, facilities, services, projects,
523	improvements, and infrastructure to the new community by
524	exercising its various management powers, with related financing
525	powers, both general and special, as set forth by and limited by
526	this act.
527	(6)  DEFINITIONS.--As used in this act:
528	(a)  "Ad valorem bonds" means bonds which are payable from
529	the proceeds of ad valorem taxes levied on real and tangible
530	personal property and which are generally referred to as general
531	obligation bonds.
532	(b)  "Assessable improvements" means, without limitation,
533	any and all public improvements and community facilities that
534	the district is empowered to provide in accordance with this
535	act, which provide a special benefit to property within the
536	district.
537	(c)  "Assessment bonds" means special obligations of the
538	district which are payable solely from proceeds of the special
539	assessments or benefit special assessments levied for assessable
540	improvements; however, in lieu of issuing assessment bonds to
541	fund the costs of assessable improvements, the district may
542	issue revenue bonds for such purposes payable from special
543	assessments.
544	(d)  "Assessments" means those nonmillage district
545	assessments which include special assessments, benefit special
546	assessments, and maintenance special assessments and a
547	nonmillage, non-ad valorem maintenance tax if authorized by
548	general law.
549	(e)  "Benefit special assessments" are district assessments
550	imposed, levied, and collected pursuant to the provisions of
551	section 4(14)(b).
552	(f)  "Board" means the governing board of the district or,
553	if such board has been abolished, the board, body, or commission
554	succeeding to the principal functions thereof or to whom the
555	powers given to the board by this act have been given by law.
556	(g)  "Bond" includes "certificate," and the provisions
557	which are applicable to bonds are equally applicable to
558	certificates. The term "bond" includes any general obligation
559	bond, assessment bond, refunding bond, revenue bond, and other
560	such obligation in the nature of a bond as is provided for in
561	this act, as the case may be.
562	(h)  "Cost" or "costs," when used with reference to any
563	project, include, but are not limited to:
564	1.  The expense of determining the feasibility or
565	practicability of acquisition, construction, or reconstruction.
566	2.  The cost of surveys, estimates, plans, and
567	specifications.
568	3.  The cost of improvements.
569	4.  Engineering, fiscal, and legal expenses and charges.
570	5.  The cost of all labor, materials, machinery, and
571	equipment.
572	6.  The cost of all lands, properties, rights, easements,
573	and franchises acquired.
574	7.  Financing charges.
575	8.  The creation of initial reserve and debt service funds.
576	9.  Working capital.
577	10.  Interest charges incurred or estimated to be incurred
578	on money borrowed prior to and during construction and
579	acquisition and for such reasonable period of time after
580	completion of construction or acquisition as the board may
581	determine.
582	11.  The cost of issuance of bonds pursuant to this act,
583	including advertisements and printing.
584	12.  The cost of any bond or tax referendum held pursuant
585	to this act and all other expenses of issuance of bonds.
586	13.  The discount, if any, on the sale or exchange of
587	bonds.
588	14.  Administrative expenses.
589	15.  Such other expenses as may be necessary or incidental
590	to the acquisition, construction, or reconstruction of any
591	project or to the financing thereof or to the development of any
592	lands within the district.
593	16.  Payments, contributions, dedications, and any other
594	exactions required as a condition to receive any government
595	approval or permit necessary to accomplish any district purpose.
596	(i)  "Developed urban area" means any reasonably compact
597	urban area.
598	(j)  "District" or "Grove Community District" means the
599	unit of special and single-purpose local government created and
600	chartered by this act, including the creation of its charter,
601	and limited to the performance, in implementing its single
602	purpose, of those general and special powers authorized by its
603	charter under this act; the boundaries of which are set forth by
604	the act; and the governing head of which is created and
605	authorized to operate with legal existence by this act and the
606	purpose of which is as set forth in this act.
607	(k)  "District manager" means the manager of the district.
608	(l)  "District roads" means highways, streets, roads,
609	alleys, sidewalks, landscaping, storm drains, bridges, and
610	thoroughfares of all kinds of descriptions.
611	(m)  "General obligation bonds" means bonds which are
612	secured by, or provide for their payment by, the pledge, in
613	addition to those special taxes levied for their discharge and
614	such other sources as may be provided for their payment or
615	pledged as security under the resolution authorizing their
616	issuance, of the full faith and credit and taxing power of the
617	district and for payment of which recourse may be had against
618	the general fund of the district.
619	(n)  "Governing board member" means any member of the
620	board.
621	(o)  "Land development regulations" means those regulations
622	of general-purpose local government, adopted under the Local
623	Government Comprehensive Planning and Land Development
624	Regulations Act, the Growth Management Act, and chapter 163,
625	Florida Statutes, to which the district is subject and as to
626	which the district may not doing anything that is inconsistent;
627	but this term does not mean specific management engineering,
628	planning, and other criteria and standards needed in the daily
629	management and implementation by the district of its provision
630	of basic systems, facilities, services, works, improvements,
631	projects, or infrastructure, including design criteria and
632	standards, so long as they remain subject to and are not
633	inconsistent with the Okeechobee County Comprehensive Plan and
634	the applicable land development regulations.
635	(p)  "Landowner" means the owner of a freehold estate as
636	appears by the deed record, including a trustee, a private
637	corporation, and an owner of a condominium unit; it does not
638	include a reversioner, remainderman, mortgagee, or any
639	governmental entity, who shall not be counted and need not be
640	notified of proceedings under this act. "Landowner" also means
641	the owner of a ground lease from a governmental entity, which
642	leasehold interest has a remaining term, excluding all renewal
643	options, in excess of 50 years.
644	(q)  "Local general-purpose government" means a county,
645	municipality, or consolidated city-county government.
646	(r)  "Maintenance special assessments" means assessments
647	imposed, levied, and collected pursuant to the provisions of
648	section 4(14)(d).
649	(s)  "Non-ad valorem assessments" means those assessments
650	levied and imposed by the board which are not based upon millage
651	and which constitute, pursuant to the provisions hereof, first
652	liens on the properties subject thereto, coequal with the liens
653	of state, county, municipal, and school board taxes:
654	1.  If and when pursuant to general law, those nonmillage
655	and non-ad valorem taxes, limited expressly and only to those
656	certain maintenance taxes provided for expressly in the district
657	charter in this act which are not ad valorem taxes and are not
658	special assessments.
659	2.  Assessments which are not taxes and are special
660	assessments levied and imposed by the board pursuant to an
661	informed and nonarbitrary determination by the board that the
662	systems, facilities, and services will provide, as a logical
663	connection to the applicable parcels of property, special
664	benefits peculiar to the property, different in kind and degree
665	than general benefits and that the duty to pay per parcel will
666	be apportioned in a manner that is fair and reasonable; and
667	which may be known and referred to as "assessments," "special
668	assessments," "maintenance assessments," or "benefit
669	assessments" as defined by and as may be applicable in the
670	context of this charter. The levy of maintenance assessments to
671	maintain a system or facility constructed and financed by
672	special assessments levied by the district may be based on the
673	assessment methodology by which the construction special
674	assessments are levied but upon a determination that the
675	maintenance special assessments also provide a special and
676	peculiar benefit to the property and are apportioned in a manner
677	that is fair and reasonable.
678	3.  Any assessments which may be levied, imposed, and
679	equalized by the board by rule of the district.
680	(t)  "Powers" means powers as used and exercised by the
681	board to accomplish the single, limited, and special purpose of
682	the district, including:
683	1.  "General powers," as provided in the act for the
684	district charter, which means those organizational and
685	administrative powers of the district as provided in this act in
686	its charter in order to carry out its single special purpose as
687	a local government public corporate body politic.
688	2.  "Special powers," means those powers enumerated by the
689	act in the charter of the district to carry out its specialized
690	systems, facilities, services, projects, improvements, and
691	infrastructure and related functions in order to carry out its
692	single specialized purpose.
693	3.  Any other powers, authority, and functions set forth in
694	this act.
695	(u)  "Project" means any development, improvement,
696	property, power, utility, facility enterprise, service, system,
697	facility, works, or infrastructure now existing or hereafter
698	undertaken or established under the provisions of this act.
699	(v)  "Qualified elector" means any person at least 18 years
700	of age who is a citizen of the United States, is a legal
701	resident of the state and the district, and registers to vote
702	with the supervisor of elections in the county in which the
703	district land is located.
704	(w)  "Refunding bonds" means bonds issued to refinance
705	outstanding bonds of any type of the interest and redemption
706	premium thereon. Refunding bonds shall be issuable and payable
707	in the same manner as the refinanced bonds except that no
708	approval by the electorate shall be required unless required by
709	the State Constitution.
710	(x)  "Revenue bonds" means obligations of the district
711	which are payable from revenues, including, but not limited to,
712	special assessments and benefit special assessments, derived
713	from sources other than ad valorem taxes on real or tangible
714	personal property and which do not pledge the property, credit,
715	or general tax revenue of the district.
716	(y)  "Sewer system" means any plant, system, facility, or
717	property and additions, extensions, and improvements thereto at
718	any future time constructed or acquired as part thereof useful
719	or necessary or having the present capacity for future use in
720	connection with the collection, treatment, purification, or
721	disposal of sewage, including, without limitation, industrial
722	wastes resulting from any process of industry, manufacture,
723	trade, or business or from the development of any natural
724	resource. Without limiting the generality of the foregoing, the
725	term "sewer system" includes treatment plants, pumping stations,
726	lift stations, valves, force mains, intercepting sewers,
727	laterals, pressure lines, mains, and all necessary appurtenances
728	and equipment; all sewer mains, laterals, and other devices for
729	the reception and collection of sewage from premises connected
730	therewith; and all real and personal property and any interest
731	therein, rights, easements, and franchises of any nature
732	relating to any such system and necessary or convenient for
733	operation thereof.
734	(z)  "Special assessments" means assessments as imposed,
735	levied, and collected by the district for the costs of
736	assessable improvements pursuant to the provisions of this act,
737	chapter 170, Florida Statutes, the additional authority under
738	section 197.3631, Florida Statutes, or other provisions of
739	general law now or hereinafter enacted which provide or
740	authorize a supplemental means to impose, levy, and collect
741	special assessments.
742	(aa)  "Taxes" or "tax" means those levies and impositions
743	by the board which support and pay for government and the
744	administration of law and which may be:
745	1.  "Ad valorem" or "property" taxes based upon both the
746	appraised value of property and millage, at a rate uniform
747	within the jurisdiction.
748	2.  If and when authorized by general law, "non-ad valorem
749	maintenance taxes" not based on millage which are used to
750	maintain district systems, facilities, and services.
751	(bb)  "Urban area" means a developed and inhabited urban
752	area within the district within a minimum acreage resident
753	population density of least 1.5 persons per acre as defined by
754	the latest official census, special census, or population
755	estimate or a minimum density of one single-family home per 2.5
756	acres with access to improved roads or a minimum density of one
757	single-family home per 5 acres within a recorded plat
758	subdivision. Urban areas shall be designated by the board of the
759	district with the assistance of all local general-purpose
760	governments having jurisdiction over the area within the
761	jurisdiction of the district.
762	(cc)  "Water system" means any plant, system, facility, or
763	property and additions, extensions, and improvements thereto at
764	any future time constructed or acquired as part thereof useful
765	or necessary or having the present capacity for future use in
766	connection with the development of sources, treatment, or
767	purification and distribution of water. Without limiting the
768	generality of the foregoing, the term "water system" includes
769	dams, reservoirs, storage, tanks, mains, lines, valves, pumping
770	stations, laterals, and pipes for the purpose of carrying water
771	to the premises connected with such system and all rights,
772	easements, and franchises of any nature relating to any such
773	system and necessary or convenient for the operation thereof.
774	(7)  POLICY.--Based upon its findings, ascertainments,
775	determinations, intent, purpose, and definitions, the
776	Legislature states its policy expressly:
777	(a)  The district and district charter, with its general
778	and special powers, created in this act are essential and the
779	best alternative for the unique location and nature of the new
780	community for residential, commercial, academic, and other
781	community uses, projects, or functions in northeastern
782	Okeechobee County consistent with and designed to enhance the
783	Okeechobee County Comprehensive Plan and to serve a lawful
784	public purpose.
785	(b)  This district, a local government and corporate body
786	politic, is limited to its single, narrow, and special
787	legislative purpose herein expressed, with the power to provide,
788	plan, implement, construct, maintain, and finance as a local
789	government management entity its basic systems, facilities,
790	services, improvements, infrastructure, and projects and
791	possessing financing powers to fund its management purpose over
792	the long term.
793	(c)  This act may be amended only by special act of the
794	Legislature in whole or in part.
795	Section 3.  Minimum general law requirements; creation and
796	establishment; boundaries; jurisdiction; construction; charter
797	with legal description.--
798	(1)  MINIMUM CHARTER REQUIREMENTS.--Pursuant to section
799	189.404(3), Florida Statutes, the Legislature sets forth that
800	the minimum requirements in paragraphs (a) through (o) have been
801	met in the identified provisions of the act as follows:
802	(a)  The purpose of the district is stated in the act in
803	section 2, subsection (5).
804	(b)  The powers, functions, and duties of the district are
805	set forth generally in section 4, subsection (3), paragraphs (g)
806	and (h) and subsections (5)-(16), (18), (19), (21), (25), and
807	(32) as to which:
808	1.  Taxation provisions are set forth in section 2,
809	subsection (6), paragraph (aa); section 4, subsection (3),
810	paragraph (h); subsection (14), paragraphs (a), (c), (f), (g),
811	and (i); and subsections (17), (18), and (19).
812	2.  Bond issuance provisions are set forth generally in
813	section 2; section 4, subsection (8), paragraph (d); subsections
814	(10)-(13), and subsection (16), paragraphs (b) and (c).
815	3.  Provisions regarding the other revenue-raising
816	capabilities are set forth in section 2, subsection (6),
817	paragraphs (b), (d), (r), (s), and (z); and section 4,
818	subsections (10) and (11); subsection (14), paragraphs (b), (d),
819	(e), (h), (i), and (j); and subsections (15) and (16).
820	4.  Provisions regarding fees, rentals, and charges are set
821	forth in section 2, subsection (6); section 4, subsection (8),
822	paragraph (i); and subsections (22)-(25).
823	5.  Provisions regarding budget preparation and approval
824	are set forth in section 4, subsections (5), (6), and (9).
825	6.  Provisions regarding liens and foreclosures of liens
826	are set forth in section 4, subsection (14), paragraphs (f),
827	(g), (h), and (i); and subsections (15), (17), (18), and (19).
828	7.  Provisions regarding the use of tax deeds and tax
829	certificates as appropriate for non-ad valorem assessments are
830	set forth in section 4, subsection (8), paragraph (o);
831	subsection (14), paragraphs (b), (c), (d), (e), (f), (h), and
832	(i); and subsection (15).
833	8.  Provisions regarding contractual agreements are set
834	forth in section 4, subsection (8), paragraphs (c), (l), (p),
835	(r), and (s); and subsection (9), paragraphs (k), (o), (p), (s),
836	(t), (v), and (w).
837	(c)  Provisions for methods for establishing the district
838	are set forth in section 2, subsection (6), paragraph (j) and
839	this section and are effective as provided in section 6.
840	(d)  Provisions regarding methods for amending the charter
841	of the district are set forth in section 2 of subsection (7),
842	paragraph (c); subsection (4) of this section; and section 4 of
843	subsection (28).
844	(e)  Provisions regarding aspects of the governing board
845	are set forth as follows:
846	1.  Provisions regarding the membership of the governing
847	board are set forth in section 4, subsection (3), paragraph (b)
848	and subsection (4), paragraph (c).
849	2.  Provisions regarding the organization of the governing
850	board are set forth in section 4, subsection (3), paragraphs
851	(b)-(d) and subsection (4), paragraph (c).
852	3.  Provisions regarding the requirement of five board
853	members are set forth in section 4, subsection (3), paragraph
854	(b) and subsection (4), paragraph (c), subparagraph 1.
855	4.  Provisions regarding the quorum of the governing board
856	are set forth in section 4, subsection (3), paragraph (b) and
857	subsection (4), paragraph (c), subparagraph 1., sub-subparagraph
858	e.
859	(f)  Provisions regarding maximum compensation of each
860	board member are set forth in section 4, subsection (4),
861	paragraph (c), and in particular in subparagraph 1., sub-
862	subparagraph h.
863	(g)  Provisions regarding the administrative duties of the
864	governing board are set forth in section 4, subsections (5)-(8).
865	(h)  Provisions applicable to financial disclosure,
866	noticing, and reporting requirements for:
867	1.  Financial disclosure are set forth in section 4,
868	subsections (6) and (7).
869	2.  Voting are set forth in section 4, subsections (3) and
870	(4).
871	3.  Reporting requirements are set forth in section 4,
872	subsections (5)-(7) and (31).
873	(i)  Provisions regarding procedures and requirements for
874	issuing bonds are set forth in section 4, subsection (12),
875	paragraphs (a)-(q), and subsection (13).
876	(j)  Provisions regarding elections or referenda are:
877	1.  For procedures for elections, set forth in section 4,
878	subsections (3) and (4), and regarding referenda, set forth in
879	section 4, subsection (14), paragraph (a).
880	2.  For qualifications of an elector of the district, a
881	qualified elector, set forth in section 2, subsection (6),
882	paragraph (v) and section 4, subsection (3), paragraphs (b) and
883	(c).
884	3.  For referenda, set forth in section 4, subsection (4),
885	paragraph (b).
886	(k)  Provisions regarding methods for financing the
887	district are set forth generally in section 4, subsections (10),
888	(11), (14), (15), (16), (17), (18), and (19).
889	(l)  Other than taxes levied for the payment of bonds and
890	taxes levied for periods not longer than 2 years when authorized
891	by vote of the electors of the district, provisions for:
892	1.  The authority to levy ad valorem taxes are set forth in
893	section 4, subsection (3), paragraph (h) and subsection (14),
894	paragraph (a); and section 2, subsection (6), paragraph (aa),
895	subparagraph 1.
896	2.  The authorized millage rate are set forth in section 4,
897	subsection (14), paragraph (a).
898	(m)  Provisions for the method or methods of collecting
899	non-ad valorem assessments, fees, or service charges are:
900	1.  For collecting non-ad valorem assessments, set forth in
901	section 4, subsection (14), paragraphs (b), (c), (d), (e), (h)
902	and, (i), and subsection (15).
903	2.  For collecting fees and service charges, set forth in
904	section 4, subsection (22).
905	(n)  Provisions for planning requirements are as limited by
906	the provisions of section 2 and this section and as limited
907	further by section 4, subsections (8) and (9).
908	(o)  Provisions for geographic boundary limitations of the
909	district are set forth in subsections (2)-(4) of this section
910	and section 4, subsection (2).
911	(2)  CREATION AND ESTABLISHMENT.--The Grove Community
912	District is created and incorporated hereby as a public body,
913	corporate and politic, a political subdivision, an independent,
914	limited, special, and single-purpose local government, and an
915	independent special district under section 189.404, Florida
916	Statutes, and as defined in this act and in section 189.403(3),
917	Florida Statutes, in and for northeastern Okeechobee County. Any
918	amendments to chapter 190, Florida Statutes, after January 1,
919	2006, which grant additional general powers, special powers,
920	authorities, or projects to a community development district by
921	amendment to its uniform charter, sections 190.006-190.041,
922	Florida Statutes, shall constitute a general power, special
923	power, authority, or function of the Grove Community District,
924	except that as to any such additional powers, authorities, or
925	projects, this act shall control if there are any related
926	provisions in such additional powers, authorities, or projects
927	inconsistent with the provisions of this act. Because all
928	notices for the enactment by the Legislature of this special act
929	have been provided pursuant to the State Constitution, the laws
930	of Florida, and the rules of the House of Representatives and
931	the Senate, and because Okeechobee County is not a charter
932	county, no referendum subsequent to the effective date of this
933	act is required. The district, as created by this act, is
934	established on the property pursuant to sections 4(2) and 6.
935	(3)  TERRITORIAL BOUNDARIES.--The territorial boundary of
936	the district shall embrace and include, without reservation or
937	enclave, all of that certain real property described legally in
938	section 4(2).
939	(4)  JURISDICTION.--The jurisdiction of this district, in
940	the exercise of its general and special powers and in the
941	carrying out of its single, narrow, and special purpose, is
942	within the external boundaries of the district and
943	extraterritorially when authorized expressly by this act or
944	general law and subject to the limitations of law on the
945	applicable source of revenue granted by this act to finance the
946	exercise of district powers. This single-purpose district is
947	created for all public body corporate, politic, and local
948	government authority and power limited by the charter and
949	subject to the provisions of other general laws, including
950	expressly chapter 189, Florida Statutes, except that an
951	inconsistent provision in this act shall control and the
952	district has jurisdiction to perform such acts and exercise such
953	projects, functions, and powers as shall be necessary,
954	convenient, incidental, proper, or reasonable for the
955	implementation of its limited, single, and specialized purpose
956	regarding the sound planning, provision, acquisition,
957	development, operation, maintenance, and related financing of
958	those public systems, facilities, services, improvements,
959	projects, and infrastructure works as authorized herein
960	including those necessary and incidental thereto. Such
961	inconsistent provisions in chapter 189, Florida Statutes, are
962	sections 189.4042, 189.4045, 189.405, 189.4051, 189.408, and
963	189.423, Florida Statutes.
964	(5)  EXCLUSIVE CHARTER.--The charter of the Grove Community
965	District is this act and may be amended, terminated, or repealed
966	only by special act of the Legislature amending or repealing
967	this act.
968	Section 4.  Disposition of sections 2 and 3; legal
969	description; exclusive charter of the Grove Community
970	District.--
971	(1)  INCORPORATION AND DISPOSITION OF SECTIONS 2 AND
972	3.--Sections 2 and 3 of this act are incorporated herein and
973	made a part of this section. This act constitutes the exclusive
974	charter of the Grove Community District.
975	(2)  LEGAL DESCRIPTION.--The metes and bounds legal
976	description of the district, within which there are no enclaves
977	or parcels of property owned by those who do not wish their
978	property to be included within the district, is as follows:
979	METES AND BOUNDS DESCRIPTION
980	Grove Community District
981
982	LEGAL DESCRIPTION:
983	(OFFICIAL RECORDS BOOK 230, PAGE 571, PUBLIC RECORDS,
984	OKEECHOBEE COUNTY, FLORIDA)
985
986	ALL OF SECTIONS 1, 2, 3, 10, 11, 12, 13, 14, AND 15,
987	IN TOWNSHIP 34 SOUTH, RANGE 36 EAST, OKEECHOBEE
988	COUNTY, FLORIDA, LESS AND EXCEPT THE FOLLOWING
989	DESCRIBED LANDS:
990
991	BEGINNING AT A CONCRETE MONUMENT MARKING THE SOUTHEAST
992	CORNER OF SAID SECTION 13, RUN NORTH 89°26'05" WEST A
993	DISTANCE OF 5284.42 FEET TO AN IRON PIPE MARKING THE
994	SOUHWEST CORNER OF SAID SECTION 13; THENCE RUN SOUTH
995	89°42'28" WEST A DISTANCE OF 5114.05 FEET ALONG THE
996	SOUTH LINE OF SECTION 14 TO AN IRON PIPE AT THE SW
997	CORNER THEREOF; THENCE RUN NORTH 89°31'14" WEST ALONG
998	THE SOUTH LINE OF SECTION 15 A DISTANCE OF 5302.02
999	FEET TO A CONCRETE MONUMENT MARKING THE SOUTHWEST
1000	CORNER OF SAID SECTION 15; THENCE RUN NORTH 00°00'14"
1001	00°00'14" EAST ALONG THE WEST LINE OF SECTION 15 A
1002	DISTANCE OF 174.49 FEET; THENCE RUN SOUTH 89°12'07"
1003	89°12'07" EAST ALONG A FENCE LINE A DISTANCE OF
1004	5302.87 FEET TO A POINT WHICH IS 145 FEET NORTH OF THE
1005	SOUTHWEST CORNER OF SAID SECTION 14; THENCE RUN SOUTH
1006	00°12'46" WEST A DISTANCE OF 20.0 FEET; THENCE RUN
1007	NORTH 89°42'28" EAST ALONG A LINE LYING PARALLEL TO
1008	AND 125 FEET NORTH OF THE SOUTH LINE OF SECTION 14 A
1009	DISTANCE OF 5113.88 FEET TO A POINT WHICH IS 125 FEET
1010	NORTH OF THE SOUTHWEST CORNER OF SECTION 13; THENCE
1011	RUN SOUTH 89°26'05" EAST ALONG A LINE PARALLEL TO AND
1012	125 FEET NORTH OF THE SOUTH LINE OF SECTION 13 A
1013	DISTANCE OF 5149.10 FEET TO A POINT WHICH IS 135 FEET
1014	WEST AND 125 FEET NORTH OF THE SOUTHEAST CORNER OF
1015	SECTION 13; THENCE RUN NORTH 00°00'22" WEST A DISTANCE
1016	OF 100 FEET; THENCE RUN SOUTH 89°26'05" EAST A
1017	DISTANCE OF 135 FEET TO THE EAST LINE OF SAID SECTION
1018	13; THENCE RUN SOUTH 00°00'22" EAST A DISTANCE OF 225
1019	FEET TO THE POINT OF BEGINNING AT THE SOUTHEAST CORNER
1020	OF SECTION 13, TOWNSHIP 34 SOUTH, RANGE 36 EAST,
1021	OKEECHOBEE COUNTY, FLORIDA, CONTAINING 5683.29 ACRES,
1022	MORE OR LESS.
1023
1024	(3)  BOARD; MEMBERS AND MEETINGS; ORGANIZATION; POWERS;
1025	DUTIES; TERMS OF OFFICE; RELATED ELECTION REQUIREMENTS.--
1026	(a)  The board shall exercise the powers granted to the
1027	district pursuant to this act in order to implement its
1028	specialized single purpose.
1029	(b)  There is created the Board of Supervisors of the Grove
1030	Community District, which is the governing board and body of the
1031	district. Except as otherwise provided herein, each member shall
1032	hold office for a term of 4 years and until his or her successor
1033	is chosen and qualifies. There shall be five members of the
1034	board who shall, in order to be eligible, be residents of the
1035	state and citizens of the United States. Three members shall
1036	constitute a quorum.
1037	(c)  Within 45 days after the effective date of this act, a
1038	specially noticed meeting of the landowners of the district
1039	shall be held for the purpose of electing the members to the
1040	first board as herein provided. Notice of such special meeting
1041	of the landowners shall be given by causing publication thereof
1042	to be made once a week for 2 consecutive weeks prior to such
1043	meeting in a newspaper of general paid subscription and
1044	circulation in Okeechobee County, the last day of such
1045	publication not to be fewer than 14 or more than 28 days before
1046	the day of the election. Such special meeting of the landowners
1047	shall be held in a public place in Okeechobee County, and the
1048	place, date, and hour of holding such meeting and the purpose
1049	thereof shall be stated expressly in the notice. The landowners,
1050	when assembled, shall organize by electing a chair who shall
1051	preside at the meeting of the landowners and a secretary who
1052	shall record the proceedings. At such meeting, for the election
1053	of each person to be elected, each and every acre of land, or
1054	any fraction thereof, within the boundary of the district shall
1055	represent one vote and each owner of that acre or fraction
1056	thereof shall be entitled to one vote for every such acre or
1057	fraction thereof. Persons who qualify to serve as board members
1058	shall be nominated at the noticed meeting and prior to the
1059	initial election at the noticed meeting. A landowner may vote in
1060	person or by proxy in writing.
1061	(d)  At the landowners' meeting for the election of the
1062	members of the board on a one-acre, one-vote basis, the two
1063	candidates receiving the highest number of votes shall be
1064	elected for terms expiring November 30, 2008, and the three
1065	candidates receiving the next highest number of votes shall be
1066	elected for terms expiring November 30, 2010. The members of the
1067	first board elected by the landowners shall serve their
1068	respective 4-year or 2-year terms; however, the next election by
1069	the landowners shall be held on the first Tuesday in November
1070	2008 to elect members to fill those vacancies to 4-year terms.
1071	Thereafter, there shall be an election of supervisors for the
1072	district every 2 years in November on a date established by the
1073	board and noticed pursuant to paragraph (c).
1074	(e)  The landowners present at the meeting shall constitute
1075	a quorum.
1076	(f)  All vacancies or expirations on the board shall be
1077	filled as provided by this act.
1078	(g)  In case of a vacancy in the office of any member of
1079	the board, the remaining members of the board shall by majority
1080	vote elect a person to serve as a member of the board for the
1081	unexpired portion of the term.
1082	(h)  If the board proposes to exercise its limited ad
1083	valorem taxing power as provided elsewhere in this charter, the
1084	provisions of section 4(14)(a) shall apply.
1085	(4)  ELECTION; POPULAR ELECTIONS, REFERENDUM; DESIGNATION
1086	OF URBAN AREAS.--
1087	(a)  Elections of the members of the board shall be
1088	conducted on a one-acre, one-vote basis as provided in paragraph
1089	(3)(c), until and unless the provisions of paragraph (b) apply.
1090	When applicable and required, the appropriate provisions of
1091	section 189.405, Florida Statutes, apply.
1092	(b)  A referendum shall be called by the board, each member
1093	elected on a one-acre, one-vote basis, on the question of
1094	whether certain members of the board should be elected by
1095	qualified electors, providing each of the following conditions
1096	has been satisfied at least 60 days prior to the general or
1097	special election at which the referendum is to be held:
1098	1.  The district has at least 500 qualified electors based
1099	on the most recent state population estimate.
1100	2.  A petition signed by 10 percent of the qualified
1101	electors of the district has been filed with the board. The
1102	petition shall be submitted to the Supervisor of Elections of
1103	Okeechobee County who shall, within 30 days after receipt of the
1104	petition, certify to the board the percentage of signatures of
1105	qualified electors contained in the petition.
1106	(c)  Upon verification by the supervisor of elections that
1107	10 percent of the qualified electors of the district have
1108	petitioned the board, a referendum election shall be called by
1109	the board at the next regularly scheduled election of governing
1110	board members occurring at least 60 days after verification.
1111	(d)  If the qualified electors approve the election
1112	procedure described in this section, the governing board of the
1113	district shall remain five members and elections shall be held
1114	pursuant to the criteria described in this paragraph, beginning
1115	with the next regularly scheduled election of governing board
1116	members or at a special election called within 6 months after
1117	the referendum and final unappealed approval of district urban
1118	area maps as provided in this section, whichever is earlier.
1119	(e)  If the qualified electors of the district reject the
1120	election procedure described in this section, elections of the
1121	members of the board shall continue as described in this act on
1122	a one-acre, one-vote basis. No further referendum on the
1123	question shall be held for a minimum period of 2 years after the
1124	referendum.
1125	(f)  Within 30 days after approval of the election process
1126	described in this section by qualified electors of the district,
1127	the board shall direct the district staff to prepare and to
1128	present maps of the district describing the extent and location
1129	of all urban areas within the district. Such determination shall
1130	be based upon the criteria contained in the definition of urban
1131	area in this act.
1132	(g)  Within 60 days after approval of the election process
1133	described in this subsection by qualified electors of the
1134	district, the maps describing urban areas within the district
1135	shall be presented to the board.
1136	(h)  Any district landowner or elector may contest the
1137	accuracy of the urban area maps prepared by the staff of the
1138	district within 30 days after submission to the board. Upon
1139	notice of objection to the maps, the governing board shall
1140	request the county engineer to prepare and present maps of the
1141	district describing the extent and location of all urban areas
1142	within the district. Such determination shall be based limitedly
1143	and exclusively upon the criteria contained in the definition in
1144	this act of urban area. Within 30 days after the governing board
1145	requests, the county engineer shall present the maps to the
1146	governing board.
1147	(i)  Upon presentation of the maps by the county engineer,
1148	the governing board shall compare the maps submitted by both the
1149	district staff and the county engineer and make a determination
1150	as to which set of maps to adopt. Within 60 days after
1151	presentation of all such maps, the governing board may amend and
1152	shall adopt the official maps at a regularly scheduled board
1153	meeting.
1154	(j)  Any district landowner or qualified elector may
1155	contest the accuracy of the urban area maps adopted by the board
1156	after adoption in accordance with the provision for judicial
1157	review as provided in the Administrative Procedure Act. Accuracy
1158	shall be determined pursuant to the definition of urban area in
1159	section 2(6)(bb).
1160	(k)  Upon adoption by the board or certification by the
1161	court, the district urban area maps shall serve as the official
1162	maps for determination of the extent of urban area within the
1163	district and the number of members of the board to be elected by
1164	qualified electors and by one-acre, one-vote at the next
1165	regularly scheduled election of governing board members.
1166	(l)  Upon a determination of the percentage of urban area
1167	within the district as compared with total area within the
1168	district, the governing board shall determine the number of
1169	electors in accordance with the percentages pursuant to this
1170	paragraph. The landowners' meeting date shall be designated by
1171	the board.
1172	(m)  The map shall be updated and readopted every 5 years
1173	or sooner at the discretion of the board.
1174	(n)1.  The five members of the governing board of the
1175	district shall be elected in accordance with the following
1176	determinations of urban area:
1177	a.  If urban areas constitute 25 percent or less of the
1178	district, one governing board member shall be elected by the
1179	qualified electors and four governing board members shall be
1180	elected in accordance with the one-acre, one-vote principle
1181	contained within subsection (3).
1182	b.  If urban areas constitute more than 25 percent but less
1183	than 50 percent of the district, two governing board members
1184	shall be elected by the qualified electors and three governing
1185	board members shall be elected in accordance with the one-acre,
1186	one-vote principle contained in subsection (3).
1187	c.  If urban areas constitute at least 50 percent but less
1188	than 70 percent of the district, three governing board members
1189	shall be elected by the qualified electors and two governing
1190	board members shall be elected in accordance with the one-acre,
1191	one-vote principle contained in subsection (3).
1192	d.  If urban areas constitute at least 70 percent but less
1193	than 90 percent of the district, four governing board members
1194	shall be elected by the qualified electors and one governing
1195	board member shall be elected in accordance with the one-acre,
1196	one-vote principle contained in subsection (3).
1197	e.  If urban areas constitute at least 90 percent or more
1198	of the district, all governing board members shall be elected by
1199	the qualified electors.
1200	2.  All members of the board, regardless of how elected,
1201	shall be public officers, known as supervisors, and, upon
1202	entering into office, shall take and subscribe to the oath of
1203	office as prescribed by section 876.05, Florida Statutes. All
1204	members of the board, regardless of how elected, and regardless
1205	of whether they are qualified electors themselves, shall be
1206	public officials and subject to ethics and conflict of interest
1207	laws of the state that apply to all public officers. They shall
1208	hold office for the terms for which they were elected and until
1209	their successors are chosen and qualified.
1210	3.  Any elected member of the board may be removed by the
1211	Governor for malfeasance, misfeasance, dishonesty, incompetency,
1212	or failure to perform the duties imposed upon him or her by this
1213	act. Any vacancies which may occur in such office shall be
1214	filled by the Governor, as soon as practicable, unless filled by
1215	the board as provided in this act.
1216	4.  All governing board members elected by qualified
1217	electors shall be qualified electors elected at large.
1218	Candidates seeking election as qualified electors shall conduct
1219	their campaigns in accordance with the provisions of chapter
1220	106, Florida Statutes, and shall file petitions as required in
1221	section 99.021, Florida Statutes, and take the oath therein
1222	prescribed.
1223	5.  All governing board members elected by qualified
1224	electors shall have a term of 4 years each except for governing
1225	board members elected at the first election and the first
1226	landowners' meeting following the referendum prescribed in
1227	paragraph (b). Governing board members elected at the first
1228	election and the first landowners' meeting following the
1229	referendum shall serve as follows:
1230	a.  If one governing board member is elected by the
1231	qualified electors and four are elected on a one-acre, one-vote
1232	basis, the governing board members elected by the qualified
1233	electors shall be elected for a term of 4 years each. Governing
1234	board members elected on a one-acre, one-vote basis shall be
1235	elected for terms as prescribed by subsection (3).
1236	b.  If two governing board members are elected by the
1237	qualified electors and three are elected on a one-acre, one-vote
1238	basis, the governing board members elected by the qualified
1239	electors shall be elected for a term period of 4 years each.
1240	Governing board members elected on a one-acre, one-vote basis
1241	shall be elected for terms of 1, 2, and 3 years, respectively,
1242	as prescribed by subsection (3).
1243	c.  If three governing board members are elected by the
1244	qualified electors and two are elected on a one-acre, one-vote
1245	basis, two of the governing board members elected by the
1246	qualified electors shall be elected for a term of 4 years and
1247	the other governing board member elected by the electors shall
1248	be elected for a term of 2 years. Governing board members
1249	elected on a one-acre, one-vote basis shall be elected for
1250	periods of 1 year and 2 years, respectively, as prescribed by
1251	subsection (3).
1252	d.  If four governing board members are elected by the
1253	qualified electors and one is elected on a one-acre, one-vote
1254	basis, two of the governing board members elected by the
1255	electors shall be elected for terms of 2 years each and the
1256	other two for term of 4 years each. The governing board member
1257	elected on a one-acre, one-vote basis shall be elected for a
1258	term of 1 year as prescribed by subsection (3).
1259	e.  If five governing board members are elected by the
1260	qualified electors, three shall be elected for terms of 4 years
1261	each and two for terms of 2 years each.
1262	6.  If any vacancy occurs in a seat occupied by a governing
1263	board member elected by the qualified electors, the remaining
1264	members of the governing board shall, within 45 days after the
1265	vacancy occurs, appoint a person who would be eligible to hold
1266	the office for the unexpired term.
1267	7.  Each and every election by qualified electors of
1268	members of the board pursuant to this act shall be conducted in
1269	the manner and at a time prescribed by law for holding general
1270	elections or prescribed by the Supervisor of Elections in and
1271	for the Okeechobee County political subdivision.
1272	8.a.  An annual landowners' meeting shall be held pursuant
1273	to subsection (3) and at least one governing board member shall
1274	be elected on a one-acre, one-vote basis pursuant to subsection
1275	(3) for so long as 10 percent or more of the district is not
1276	contained in an urban area. In the event all district governing
1277	board members are elected by qualified electors, there shall be
1278	no further landowners' meetings.
1279	b.  At any landowners' meeting called pursuant to this
1280	section, 50 percent of the district acreage shall not be
1281	required to constitute a quorum and each governing board member
1282	shall be elected by a majority of the acreage represented either
1283	by owner or proxy present and voting at said meeting.
1284	c.  All landowners' meetings of districts operating
1285	pursuant to this section shall be set by the board within the
1286	month preceding the month of the election of the governing board
1287	members by the electors.
1288	d.  Vacancies on the board shall be filled pursuant to
1289	subsection (3) and this subsection except as otherwise provided
1290	in this section.
1291	9.  Three board members shall constitute a quorum for the
1292	purpose of conducting its business and exercising its powers and
1293	for all other related purposes. Action taken by the board
1294	members present shall be upon a vote of the majority of the
1295	members present, unless general law or rule of the district
1296	subsequently promulgated requires a greater number.
1297	10.  As soon as practicable after each election or
1298	appointment, the board shall elect one of its members as chair,
1299	elect a secretary who need not be a member of the board, and
1300	elect such other officers as the board may deem necessary.
1301	11.  The board shall keep a permanent record book entitled
1302	"Record of Proceedings of Grove Community District," in which
1303	shall be recorded minutes of all meetings, resolutions,
1304	proceedings, certificates, bonds given by all employees, and any
1305	and all corporate acts. The record book shall at reasonable
1306	times be opened to inspection in the same manner as state,
1307	county, and municipal records pursuant to chapter 119, Florida
1308	Statutes. The record book shall be kept at the office or other
1309	regular place of business maintained by the board within
1310	Okeechobee County.
1311	12.  Each supervisor shall be entitled to receive for his
1312	or her services an amount not to exceed $200 per meeting of the
1313	board, not to exceed $4,800 per year per supervisor, or an
1314	amount established by the electors at referendum. In addition,
1315	each supervisor shall receive travel and per diem expenses as
1316	set forth in section 112.061, Florida Statutes.
1317	13.  All meetings of the board shall be open to the public
1318	and governed by the provisions of chapter 286, Florida Statutes.
1319	(o)  The members of the board, whether elected on a one-
1320	acre, one-vote basis or a qualified-elector basis, shall
1321	constitute the members of the governing board of the district
1322	subject to the requirements of this act.
1323	(5)  BOARD OF SUPERVISORS; GENERAL DUTIES.--
1324	(a)  The board shall employ and fix the compensation of a
1325	district manager. The district manager shall have charge and
1326	supervision of the works of the district and shall be
1327	responsible for preserving and maintaining any improvement or
1328	facility constructed or erected pursuant to the provisions of
1329	this act, for maintaining and operating the equipment owned by
1330	the district, and for performing such other duties as may be
1331	prescribed by the board. It shall not be a conflict of interest
1332	under chapter 112, Florida Statutes, for a board member or the
1333	district manager or another employee of the district to be a
1334	stockholder, officer, or employee of a landowner. The district
1335	manager may hire or otherwise employ and terminate the
1336	employment of such other persons, including, without limitation,
1337	professional, supervisory, and clerical employees, as may be
1338	necessary and authorized by the board. The compensation and
1339	other conditions of employment of the officers and employees of
1340	the district shall be as provided by the board.
1341	(b)  The board shall designate a person who is a resident
1342	of the state as treasurer of the district, who shall have charge
1343	of the funds of the district. Such funds shall be disbursed only
1344	upon the order, or pursuant to the resolution, of the board by
1345	warrant or check countersigned by the treasurer and by such
1346	other person as may be authorized by the board. The board may
1347	give the treasurer such other or additional powers and duties as
1348	the board may deem appropriate and may fix his or her
1349	compensation. The board may require the treasurer to give a bond
1350	in such amount, on such terms, and with such sureties as may be
1351	deemed satisfactory to the board to secure the performance by
1352	the treasurer of his or her powers and duties. The financial
1353	records of the board shall be audited by an independent
1354	certified public accountant at least once a year.
1355	(c)  The board is authorized to select as a depository for
1356	its funds any qualified public depository as defined in section
1357	280.02, Florida Statutes, which meets all the requirements of
1358	chapter 280, Florida Statutes, and has been designated by the
1359	treasurer as a qualified public depository, upon such terms and
1360	conditions as to the payment of interest by such depository upon
1361	the funds so deposited as the board may deem just and
1362	reasonable.
1363	(6)  BUDGET; REPORTS AND REVIEWS.--
1364	(a)  The district shall provide financial reports in such
1365	form and such manner as prescribed pursuant to this act and
1366	chapter 218, Florida Statutes.
1367	(b)  On or before each July 15, the district manager shall
1368	prepare a proposed budget for the ensuing fiscal year to be
1369	submitted to the board for board approval. The proposed budget
1370	shall include at the direction of the board an estimate of all
1371	necessary expenditures of the district for the ensuing fiscal
1372	year and an estimate of income to the district from the taxes
1373	and assessments provided in this act. The board shall consider
1374	the proposed budget item by item and may either approve the
1375	budget as proposed by the district manager or modify the same in
1376	part or in whole. The board shall indicate its approval of the
1377	budget by resolution, which resolution shall provide for a
1378	hearing on the budget as approved. Notice of the hearing on the
1379	budget shall be published in a newspaper of general circulation
1380	in the area of the district once a week for 2 consecutive weeks,
1381	except that the first publication shall be not fewer than 15
1382	days prior to the date of the hearing. The notice shall further
1383	contain a designation of the day, time, and place of the public
1384	hearing. At the time and place designated in the notice, the
1385	board shall hear all objections to the budget as proposed and
1386	may make such changes as the board deems necessary. At the
1387	conclusion of the budget hearing, the board shall, by
1388	resolution, adopt the budget as finally approved by the board.
1389	The budget shall be adopted prior to October 1 of each year.
1390	(c)  At least 60 days prior to adoption, the board shall
1391	submit to the Okeechobee County Board of County Commissioners,
1392	for purposes of disclosure and information only, the proposed
1393	annual budget for the ensuing fiscal year, and the board of
1394	county commissioners may submit written comments to the board
1395	solely for the assistance and information of the board of the
1396	district in adopting its annual district budget.
1397	(d)  The board shall submit annually, to the Board of
1398	County Commissioners of Okeechobee County, its district public
1399	facilities report under section 189.415(2), Florida Statutes,
1400	addressing specifically short-term and long-term innovative
1401	systems, facilities, and services consistent with the unique
1402	nature of the new community. The Board of County Commissioners
1403	of Okeechobee County shall use and rely on the district public
1404	facilities report in the preparation or revision of the
1405	Okeechobee County Comprehensive Plan specifically under section
1406	189.415(6), Florida Statutes.
1407	(7)  DISCLOSURE OF PUBLIC FINANCING.--The district shall
1408	take affirmative steps to provide for the full disclosure of
1409	information relating to the public financing and maintenance of
1410	improvements to real property undertaken by the district. Such
1411	information shall be made available to all current residents,
1412	and to all prospective residents, of the district. The district
1413	shall furnish each developer of a residential development within
1414	the district with sufficient copies of that information to
1415	provide each prospective initial purchaser of property in that
1416	development with a copy, and any developer of a residential
1417	development within the district, when required by law to provide
1418	a public offering statement, shall include a copy of such
1419	information relating to the public financing and maintenance of
1420	improvements in the public offering statement. The Division of
1421	Florida Land Sales, Condominiums, and Mobile Homes of the
1422	Department of Business and Professional Regulation shall ensure
1423	that disclosures are made by developers pursuant to chapter 498,
1424	Florida Statutes.
1425	(8)  GENERAL POWERS.--The district shall have, and the
1426	board may exercise, the following general powers:
1427	(a)  To sue and be sued in the name of the district; to
1428	adopt and use a seal and authorize the use of a facsimile
1429	thereof; to acquire by purchase, gift, devise, or otherwise, and
1430	to dispose of, real and personal property or any estate therein;
1431	and to make and execute contracts and other instruments
1432	necessary or convenient to the exercise of its powers.
1433	(b)  To apply for coverage of its employees under the state
1434	retirement system in the same manner as if such employees were
1435	state employees, subject to necessary action by the district to
1436	pay employer contributions into the state retirement fund.
1437	(c)  To contract for the services of consultants to perform
1438	planning, engineering, legal, or other appropriate services of a
1439	professional nature. Such contracts shall be subject to public
1440	bidding or competitive negotiation requirements as set forth in
1441	section 4(21).
1442	(d)  To borrow money and accept gifts; to apply for and use
1443	grants or loans of money or other property from the United
1444	States, the state, a unit of local government, or any person for
1445	any district purposes and enter into agreements required in
1446	connection therewith; and to hold, use, and dispose of such
1447	moneys or property for any district purposes in accordance with
1448	the terms of the gift, grant, loan, or agreement relating
1449	thereto.
1450	(e)  To adopt rules and orders pursuant to the provisions
1451	of chapter 120, Florida Statutes, prescribing the powers,
1452	duties, and functions of the officers of the district; the
1453	conduct of the business of the district; the maintenance of
1454	records; and the form of certificates evidencing tax liens and
1455	all other documents and records of the district. The board may
1456	also adopt administrative rules with respect to any of the
1457	projects of the district and define the area to be included
1458	therein. The board may also adopt resolutions which may be
1459	necessary for the conduct of district business.
1460	(f)  To maintain an office at such place or places as the
1461	board designates in Okeechobee County and within the district
1462	when facilities are available.
1463	(g)  To hold, control, and acquire by donation, purchase,
1464	or condemnation, and to dispose of, any public easements,
1465	dedications to public use, platted reservations for public
1466	purposes, or any reservations for those purposes authorized by
1467	this act other than public easements conveyed to or accepted by
1468	Okeechobee County and to make use of such easements,
1469	dedications, or reservations for the purpose mandated by this
1470	act.
1471	(h)  To lease as lessor or lessee to or from any person,
1472	firm, corporation, association, or body, public or private, any
1473	projects of the type that the district is authorized to
1474	undertake and facilities or property of any nature for the use
1475	of the district to carry out the purposes mandated by this act.
1476	(i)  To borrow money and issue bonds, certificates,
1477	warrants, notes, or other evidences of indebtedness as
1478	hereinafter provided; to levy such tax and assessments as may be
1479	authorized; and to charge, collect, and enforce fees and other
1480	user charges subject as applicable to section 4(10)-(13).
1481	(j)  To raise, by user charges or fees authorized by
1482	resolution of the board, amounts of money which are necessary
1483	for the conduct of the district activities and services and to
1484	enforce their receipt and collection in the manner prescribed by
1485	resolution not inconsistent with law.
1486	(k)  To exercise within the district, or beyond the
1487	district with prior approval by majority vote of a resolution of
1488	the governing body of the county if the taking will occur in an
1489	unincorporated area, the right and power of eminent domain,
1490	pursuant to the provisions of chapters 73 and 74, Florida
1491	Statutes, over any property within the state, except municipal,
1492	county, state, and federal property, for the uses and purpose of
1493	the district relating solely to water, sewer, district roads,
1494	and water management, specifically including, without
1495	limitation, the power for the taking of easements for the
1496	drainage of the land of one person over and through the land of
1497	another.
1498	(l)  To cooperate with, or contract with, other
1499	governmental agencies as may be necessary, convenient,
1500	incidental, or proper in connection with any of the powers,
1501	duties, or purposes authorized by this act.
1502	(m)  To assess and impose upon lands in the district ad
1503	valorem taxes as provided and limited by this act.
1504	(n)  If and when authorized by general law, to determine,
1505	order, levy, impose, collect, and enforce maintenance taxes.
1506	(o)  To determine, order, levy, impose, collect, and
1507	enforce assessments pursuant to this act, which sets forth a
1508	detailed uniform procedure to implement chapter 170, Florida
1509	Statutes, and as an alternative to determine, order, levy,
1510	impose, collect, and enforce assessments under and pursuant to
1511	chapter 170, Florida Statutes, pursuant to authority granted in
1512	section 197.3631, Florida Statutes, or pursuant to other
1513	provisions of general law, now or hereinafter enacted, which
1514	provide or authorize a supplemental means to impose, levy, and
1515	collect special assessments. Such special assessments, in the
1516	discretion of the district, as provided in section 197.3631,
1517	Florida Statutes, may be collected and enforced pursuant to the
1518	provisions of sections 197.3632 and 197.3635, Florida Statutes,
1519	and chapters 170 and 173, Florida Statutes, or as provided by
1520	this act.
1521	(p)  To exercise such special powers and other express
1522	powers as may be authorized and granted by this act in the
1523	charter of the district, including powers as provided in any
1524	interlocal agreement entered into pursuant to chapter 163,
1525	Florida Statutes, or which shall be required or permitted to be
1526	undertaken by the district pursuant to any development order or
1527	development of regional impact, including any interlocal service
1528	agreement with Okeechobee County for fair-share capital
1529	construction funding for any capital facilities or systems
1530	required of the developer pursuant to any applicable development
1531	order or agreement.
1532	(q)  To exercise all of the powers necessary, convenient,
1533	incidental, or proper in connection with any other powers or
1534	duties or the single purpose of the district authorized by this
1535	act.
1536
1537	The provisions of this subsection shall be construed liberally
1538	in order to carry out effectively the single specialized purpose
1539	of this act and to secure for the district its ability to be
1540	innovative.
1541	(9)  SPECIAL POWERS.--The district shall have the following
1542	special powers to implement its lawful, single, and special
1543	purpose and to provide pursuant to that purpose basic systems,
1544	facilities, services, improvements, projects, works, and
1545	infrastructure in the new community, each of which constitutes a
1546	lawful public purpose when exercised pursuant to this charter,
1547	subject to, and not inconsistent with, the regulatory
1548	jurisdiction and permitting authority of all other applicable
1549	governmental bodies, agencies, and any special districts having
1550	authority with respect to any area included therein, and to
1551	plan, establish, acquire, construct or reconstruct, enlarge or
1552	extend, equip, operate, finance, fund, and maintain
1553	improvements, systems, facilities, services, works, projects,
1554	and infrastructure any or all of the following special powers
1555	granted by this act in order to implement the special
1556	requirements of this new community within the single special
1557	purpose of the district:
1558	(a)  To provide for water management and control for the
1559	lands within the district and to connect some or any of such
1560	facilities with roads and bridges. In the event that the board
1561	assumes the responsibility for providing water management and
1562	control for the district which is to be financed by benefit
1563	special assessments, the board shall adapt plans and assessments
1564	pursuant to law or may adopt water management and control plans,
1565	assess for benefits, and apportion and levy special assessments
1566	as follows:
1567	1.  The board shall cause to be made by the district's
1568	engineer, or such other engineer or engineers as the board may
1569	employ for that purpose, complete and comprehensive water
1570	management and control plans for the lands located within the
1571	district that will be improved in part or in whole by any system
1572	of facilities that may be outlined and adopted, and the engineer
1573	shall make a report in writing to the board with maps and
1574	profiles of said surveys and an estimate of the cost of carrying
1575	out and completing the plans.
1576	2.  Upon the completion of such plans, the board shall hold
1577	a hearing thereon to hear objections thereto, shall give notice
1578	of the time and place fixed for such hearing by publication once
1579	each week for 2 consecutive weeks in a newspaper of general
1580	circulation in the general area of the district, and shall
1581	permit the inspection of the plan at the office of the district
1582	by all persons interested. All objections to the plan shall be
1583	filed at or before the time fixed in the notice for the hearing
1584	and shall be in writing.
1585	3.  After the hearing, the board shall consider the
1586	proposed plan and any objections thereto and may modify, reject,
1587	or adopt the plan or continue the hearing to a day certain for
1588	further consideration of the proposed plan or modifications
1589	thereof.
1590	4.  When the board approves a plan, a resolution shall be
1591	adopted and a certified copy thereof shall be filed in the
1592	office of the secretary and incorporated by him or her into the
1593	records of the district.
1594	5.  The water management and control plan may be altered in
1595	detail from time to time until the appraisal record herein
1596	provided is filed, but not in such manner as to affect
1597	materially the conditions of its adoption. After the appraisal
1598	record has been filed, no alteration of the plan shall be made,
1599	except as provided by this act.
1600	6.  Within 20 days after the final adoption of the plan by
1601	the board, the board shall proceed pursuant to section 298.301,
1602	Florida Statutes.
1603	(b)  To provide for water supply, sewer, and wastewater
1604	management, reclamation, and reuse or any combination thereof
1605	and any irrigation systems, facilities, and services; to
1606	construct and operate connecting intercepting or outlet sewers
1607	and sewer mains and pipes and water mains, conduits, or
1608	pipelines in, along, and under any street, alley, highway, or
1609	other public place or way; and to dispose of any effluent,
1610	residue, or other byproducts of such system or sewer system.
1611	1.  The district may not purchase or sell a water, sewer,
1612	or wastewater reuse utility that provides service to the public
1613	for compensation, or enter into a wastewater facility
1614	privatization contract for a wastewater facility, until the
1615	governing body of the new community district has held a public
1616	hearing on the purchase, sale, or wastewater facility
1617	privatization contract and made a determination that the
1618	purchase, sale, or wastewater facility privatization contract is
1619	in the public interest.
1620	2.  In determining if the purchase, sale, or wastewater
1621	facility privatization contract is in the public interest, the
1622	district shall consider, at a minimum, the following:
1623	a.  The most recent available income and expense statement
1624	for the utility.
1625	b.  The most recent available balance sheet for the
1626	utility, listing assets and liabilities and clearly showing the
1627	amount of contributions in aid of construction and the
1628	accumulated depreciation thereon.
1629	c.  A statement of the existing rate base of the utility
1630	for regulatory purposes.
1631	d.  The physical condition of the utility facilities being
1632	purchased, sold, or subject to a wastewater facility
1633	privatization contract.
1634	e.  The reasonableness of the purchase, sale, or wastewater
1635	facility privatization contract price and terms.
1636	f.  The impacts of the purchase, sale, or wastewater
1637	facility privatization contract on utility customers, both
1638	positive and negative.
1639	g.  Any additional investment required and the ability and
1640	willingness of the purchaser or the private firm under a
1641	wastewater facility privatization contract to make that
1642	investment, whether the purchaser is the district or the entity
1643	purchasing the utility from the district.
1644	h.  In the case of a wastewater facility privatization
1645	contract, the terms and conditions on which the private firm
1646	will provide capital investment and financing or a combination
1647	thereof for contemplated capital replacements, additions,
1648	expansions, and repairs. The district shall give significant
1649	weight to this criterion.
1650	i.  The alternatives to the purchase, sale, or wastewater
1651	facility privatization contract and the potential impact on
1652	utility customers if the purchase, sale, or wastewater facility
1653	privatization contract is not made.
1654	j.  The ability of the purchaser or the private firm under
1655	a wastewater facility privatization contract to provide and
1656	maintain high-quality and cost-effective utility service,
1657	whether the purchaser is the district or the entity purchasing
1658	the utility from the district.
1659	k.  In the case of a wastewater facility privatization
1660	contract, the technical expertise and experience of the private
1661	firm in carrying out the obligations specified in the wastewater
1662	facility privatization contract. The district shall give
1663	significant weight to this criterion.
1664	3.  All moneys paid by a private firm to a district
1665	pursuant to a wastewater facility privatization contract shall
1666	be used for the purpose of reducing or offsetting property
1667	taxes, wastewater service rates, or debt reduction or making
1668	infrastructure improvements or capital asset expenditures or
1669	other public purpose; however, nothing herein shall preclude the
1670	district from using all or part of the moneys for the purpose of
1671	the district's qualification for relief from the repayment of
1672	federal grant awards associated with the wastewater system as
1673	may be required by federal law or regulation. The district shall
1674	prepare a statement showing that the purchase, sale, or
1675	wastewater facility privatization contract is in the public
1676	interest, including a summary of the purchaser's or private
1677	firm's experience in water, sewer, or wastewater reuse utility
1678	operation and a showing of financial ability to provide the
1679	service, whether the purchaser or private firm is the district
1680	or the entity purchasing the utility from the district.
1681	(c)  To provide for bridges or culverts that may be needed
1682	across any drain, ditch, canal, floodway, holding basin,
1683	excavation, public highway, tract, grade, fill, or cut and
1684	roadways over levees and embankments, and to construct any and
1685	all of such works and improvements across, through, or over any
1686	public right-of-way, highway, grade, fill, or cut.
1687	(d)  To provide for district roads equal to or exceeding
1688	the specifications of the county in which such district roads
1689	are located, and streetlights, including conditions of
1690	development approval which sometimes may be different
1691	specifications than the normal specifications of the county.
1692	This special power includes construction, improvement, pavement,
1693	and maintenance of roadways and roads necessary and convenient
1694	for the exercise of the powers or duties of the district to:
1695	1.  Implement its single purpose.
1696	2.  Include as a component thereof roads, parkways,
1697	bridges, landscaping, irrigation, bicycle and jogging paths,
1698	street lighting, traffic signals, road striping, and all other
1699	customary elements of a modern road system in general or as tied
1700	to the conditions of development approval for the specific
1701	district.
1702	3.  Plan, implement, construct or reconstruct, enlarge or
1703	extend, finance, fund, equip, operate, and maintain parking
1704	facilities freestanding or as may be related to any innovative
1705	strategic intermodal system of transportation pursuant to
1706	applicable federal, state, and local laws and ordinances.
1707	(e)  To provide for buses, trolleys, transit shelters,
1708	ride-sharing facilities and services, parking improvements, and
1709	related signage.
1710	(f)  To cover investigation and remediation costs
1711	associated with the cleanup of actual or perceived environmental
1712	contamination within the district under the supervision or
1713	direction of a competent governmental authority unless the
1714	covered costs benefit any person who is a landowner within the
1715	district who caused or contributed to the contamination.
1716	(g)  To provide for conservation areas, mitigation areas,
1717	and wildlife habitat, including the maintenance of any plant or
1718	animal species, and any related interest in real or personal
1719	property.
1720	(h)  Using its general and special powers as set forth in
1721	this act, to provide for any other project within or without the
1722	boundaries of a district when the project is the subject of an
1723	agreement between the district and the Board of County
1724	Commissioners of Okeechobee County or with any applicable other
1725	public or private entity, including a homeowner association, and
1726	is not inconsistent with the Okeechobee County Comprehensive
1727	Plan and the Growth Management act which implement the single
1728	special purpose of the district.
1729	(i)  To provide for parks and facilities for indoor and
1730	outdoor recreational, cultural, and educational uses.
1731	(j)  To provide for fire prevention and control, including
1732	fire stations and buildings, water mains and plugs, fire trucks,
1733	and other vehicles and equipment, and for emergency medical
1734	services, including stations and buildings, vehicles, and
1735	equipment.
1736	(k)  To provide for school buildings and related
1737	structures, which may be leased, sold, or donated to the school
1738	district, for use in the educational system when authorized by
1739	the district school board. The district is granted the special
1740	power to contract with the Okeechobee County School Board and,
1741	as applicable, the Board of County Commissioners of Okeechobee
1742	County, and with the applicable landowner developer of the lands
1743	within the jurisdiction of the district, to assess the school
1744	district educational facilities plan, and to implement a
1745	management and financing plan for timely construction,
1746	maintenance, and acquisition, at the option of the district, of
1747	school facilities, including facilities identified in the
1748	facilities work programs or those proposed by charter schools.
1749	The district is granted the special power to determine, order,
1750	levy, impose, collect, or arrange for the collection and
1751	enforcement of assessments, as defined in and pursuant to this
1752	act, for such school facilities. The district is eligible for
1753	the financial enhancements available to educational facility
1754	benefit districts to provide for financing the construction and
1755	maintenance of educational facilities pursuant to section
1756	1013.356, Florida Statutes, and, if and when authorized by
1757	general law, to acquire such educational facilities. This act,
1758	in the place of an educational facilities benefit district,
1759	authorizes the Okeechobee County School Board to designate the
1760	district. The district is authorized to enter into an interlocal
1761	agreement with the Okeechobee County School Board and, as
1762	applicable, the Board of County Commissioners of Okeechobee
1763	County, and applicable private landowners and developers in
1764	order to provide for such construction, maintenance, and
1765	acquisition and in order to receive the applicable financial
1766	enhancements provided by section 1013.356, Florida Statutes. The
1767	interlocal agreement shall consider, among other things,
1768	absorption rates, sales rates, and related data of existing and
1769	projected schools; racial, ethnic, social, and economic balance
1770	within the Okeechobee County School District under applicable
1771	state and federal law; and the provision of school attendance
1772	zones to allow students residing within a reasonable distance of
1773	the facilities constructed and financed through the interlocal
1774	agreement to attend such facilities. Because these facilities
1775	are funded by assessments and not by taxes of any type, the
1776	provision of these facilities may be multiuse and, consistent
1777	with the provisions of this act, shall be first liens on the
1778	property upon a showing of special and peculiar benefits that
1779	flow to the property within the jurisdiction of the district as
1780	a logical connection from the systems, facilities, and services,
1781	resulting in added use, enhanced enjoyment, decreased insurance
1782	premiums, or enhanced value in marketability so that the
1783	Legislature finds that the provisions of the Florida
1784	Constitution for free public schools is implemented and
1785	enhanced.
1786	(l)  To provide for security, including, but not limited
1787	to, guardhouses, fences and gates, electronic intrusion
1788	detection systems, and patrol cars, when authorized by proper
1789	governmental agencies, except that the district may not exercise
1790	any powers of a law enforcement agency but may contract with the
1791	appropriate local general-purpose government agencies for an
1792	increased level of such services within the district boundaries.
1793	The district may operate guardhouses for the limited purpose of
1794	providing security for the residents of the district and which
1795	serve a predominate public, as opposed to private, purpose. Such
1796	guardhouses shall be operated by the district or other unit of
1797	local government pursuant to procedures designed to serve such
1798	security purposes as set forth in rules adopted by the board,
1799	from time to time, following the procedures set forth in chapter
1800	120, Florida Statutes.
1801	(m)  To provide for control and elimination of mosquitoes
1802	and other arthropods of public health importance.
1803	(n)  To provide for waste collection and disposal.
1804	(o)  To enter into impact fee credit agreements with
1805	Okeechobee County and the Okeechobee County School Board. Under
1806	such agreements, where the district constructs or makes
1807	contributions for public systems, facilities, services,
1808	projects, improvements, works, and infrastructures for which
1809	impact fee credits would be available to the landowner developer
1810	under the Okeechobee County and Okeechobee County School Board
1811	applicable impact fee ordinance, the agreement authorized by
1812	this act shall provide that such impact fee credit shall inure
1813	to the landowners within the district in portion to assessments
1814	or other burdens levied and imposed upon the landowners with
1815	respect to assessable improvements giving rise to such impact
1816	fee credits, and the district shall, from time to time, execute
1817	such instruments, such as assignments of impact fee credits, as
1818	may be necessary, appropriate, or desirable to accomplish or to
1819	confirm the foregoing.
1820	(p)  To establish and create, at noticed meetings, such
1821	government departments of the board of the district, as well as
1822	committees, task forces, boards, commissions, or other agencies
1823	under the supervision and control of the district, as from time
1824	to time the members of the board may deem necessary or desirable
1825	in the performance of the acts or other things necessary to
1826	exercise its general or special powers to implement an
1827	innovative project to carry out the special purpose of the
1828	district as provided in this act and to delegate to such
1829	departments, boards, task forces, committees, or other agencies
1830	such administrative duties and other powers as the board may
1831	deem necessary or desirable, but only if there is a set of
1832	expressed limitations for accountability, notice, and periodic
1833	written reporting to the board, which shall retain its powers.
1834	(q)  So long as not inconsistent with the applicable local
1835	government comprehensive plan and development entitlements, to
1836	coordinate with the landowner developer on the phasing of the
1837	delivery of infrastructure and to create phase entities or units
1838	for its charter purpose. Toward this end, and so long as it
1839	implements the purpose of the district under this act, the board
1840	may designate, therefore, units of development and adopt systems
1841	of progressive phased development by units with related
1842	management planning, implementation, construction, maintenance,
1843	and financing within its phased unit. If the board proceeds to
1844	designate such phased units of development, it must adopt at a
1845	noticed meeting pursuant to chapter 120, Florida Statutes, a
1846	rule setting forth detailed procedures and authorizations for
1847	such phase unit processes. A committee, department, or agency of
1848	the board shall be given express duty of oversight with monthly
1849	written reports to the board. No such phased units can begin or
1850	operate until or unless the required noticed rule has been
1851	promulgated. With regard to any phased unit, there shall be no
1852	bonded indebtedness and no levy of any lienable or nonlienable
1853	revenue, whether to amortize bonds or not, within the boundary
1854	of a phased unit other than by the board and pursuant to the
1855	powers, procedures, and provisions of this act and other
1856	applicable laws.
1857	(r)  To plan, establish, acquire, construct or reconstruct,
1858	enlarge or extend, equip, operate, maintain, finance, and fund
1859	buildings and structures for district offices, maintenance
1860	facilities, meeting facilities, town centers, or any other
1861	project authorized or granted by this act upon a showing at a
1862	noticed meeting of its efficacy to the specialized single
1863	purpose of this district for the new community.
1864	(s)  To plan, establish, acquire, construct or reconstruct,
1865	enlarge or extend, equip, operate, maintain, finance, and fund
1866	edifices and facilities for the provision of health care when
1867	authorized by applicable public or private agencies providing
1868	health care and upon a showing of efficacy to carry out the
1869	purpose of the district.
1870	(t)  To coordinate, work with, and, as the board deems
1871	appropriate, enter into interlocal agreements subject to the
1872	provisions of this charter with any public or private
1873	institution of higher education, including the Indian River
1874	Community College and any public or private university. The
1875	purpose of such coordination and agreements is to help sustain
1876	high-quality infrastructure in, around, and for the universities
1877	as may be appropriate under the law on the basis that the
1878	provision of such systems, facilities, and services, including
1879	classrooms or other buildings for such institutions, constitutes
1880	enhancement of the intrinsic value and marketability of property
1881	within the new community and also provides for increased
1882	enjoyment and enhanced use of the property. These systems,
1883	facilities, and services, including buildings, shall be first
1884	liens on the property within the community and serve a lawful
1885	public purpose upon a showing by the board in a nonarbitrary and
1886	informed manner of special and peculiar benefits that flow to
1887	the property within the community as a logical connection from
1888	the systems, facilities, and services, resulting in added use,
1889	enhanced enjoyment, decreased insurance premiums on, or enhanced
1890	value in the marketability of the property.
1891	(u)  To adopt and enforce appropriate rules following the
1892	procedures of chapter 120, Florida Statutes, in connection with
1893	the provisions of one or more its systems, facilities, services,
1894	projects, improvements, works, and infrastructure.
1895
1896	The enumeration of special powers in this subsection shall not
1897	be deemed exclusive or restrictive but shall be deemed to
1898	incorporate all powers, express or implied, necessary or
1899	incident to carrying out such enumerated special powers,
1900	including also the general powers provided by this special act
1901	charter to the district to implement its single purpose. The
1902	provisions of this subsection shall be construed liberally in
1903	order to carry out effectively the single purpose of this
1904	district under this act and to secure for the district its
1905	ability to be innovative.
1906	(10)  ISSUANCE OF BOND ANTICIPATION NOTES.--In addition to
1907	the other powers provided for in this act, and not in limitation
1908	thereof, the district shall have the power, at any time, and
1909	from time to time after the issuance of any bonds of the
1910	district shall have been authorized, to borrow money for the
1911	purposes for which such bonds are to be issued in anticipation
1912	of the receipt of the proceeds of the sale of such bonds and to
1913	issue bond anticipation notes in a principal sum not in excess
1914	of the authorized maximum amount of such bond issue. Such notes
1915	shall be in such denomination or denominations; bear interest at
1916	such rate, not to exceed the maximum rate allowed by general
1917	law; mature at such time or times not later than 5 years from
1918	the date of issuance; and be in such form and executed in such
1919	manner as the board shall prescribe. Such notes may be sold at
1920	either public or private sale or, if such notes are renewal
1921	notes, may be exchanged for notes then outstanding on such terms
1922	as the board shall determine. Such notes shall be paid from the
1923	proceeds of such bonds when issued. The board may, in its
1924	discretion, in lieu of retiring the notes by means of bonds,
1925	retire them by means of current revenues or from any taxes or
1926	assessments levied for the payment of such bonds, but in such
1927	event, a like amount of the bonds authorized shall not be
1928	issued.
1929	(11)  SHORT-TERM BORROWING.--The district may at any time
1930	obtain loans, in such amount and on such terms and conditions as
1931	the board may approve, for the purpose of paying any of the
1932	expenses of the district or any costs incurred or that may be
1933	incurred in connection with any of the projects of the district,
1934	which loans shall bear interest as the board determines as not
1935	to exceed the maximum rate allowed by general law and may be
1936	payable from and secured by a pledge of such funds, revenues,
1937	taxes, and assessments as the board may determine, subject,
1938	however, to the provisions contained in any proceeding under
1939	which bonds were theretofore issued and are then outstanding.
1940	For the purpose of defraying such costs and expenses, the
1941	district may issue negotiable notes, warrants, or other
1942	evidences of debt to be payable at such times and to bear such
1943	interest, not to exceed the maximum rate allowed by general law,
1944	as the board may determine and to be sold or discounted at such
1945	price or prices not less than 95 percent of par value and on
1946	such terms as the board may deem advisable. The board shall have
1947	the right to provide for the payment thereof by pledging the
1948	whole or any part of the funds, revenues, taxes, and assessments
1949	of the district. The approval of the electors residing in the
1950	district shall not be necessary except when required by the
1951	State Constitution.
1952	(12)  BONDS.--
1953	(a)  Bonds may be sold in blocks or installments at
1954	different times, or an entire issue or series may be sold at one
1955	time. Bonds may be sold at public or private sale after such
1956	advertisement, if any, as the board may deem advisable, but not
1957	in any event at less than 90 percent of the par value thereof,
1958	together with accrued interest thereon. Bonds may be sold or
1959	exchanged for refunding bonds. Special assessment and revenue
1960	bonds may be delivered by the district as payment of the
1961	purchase price of any project or part thereof, or a combination
1962	of projects or parts thereof, or as the purchase price or
1963	exchange for any property, real, personal, or mixed, including
1964	franchises or services rendered by any contractor, engineer, or
1965	other person, all at one time or in blocks from time to time, in
1966	such manner and upon such terms as the board in its discretion
1967	shall determine. The price or prices for any bonds sold,
1968	exchanged, or delivered may be:
1969	1.  The money paid for the bonds.
1970	2.  The principal amount, plus accrued interest to the date
1971	of redemption or exchange, or outstanding obligations exchanged
1972	for refunding bonds.
1973	3.  In the case of special assessment or revenue bonds, the
1974	amount of any indebtedness to contractors or other persons paid
1975	with such bonds, or the fair value of any properties exchanged
1976	for the bonds, as determined by the board.
1977	(b)  Any general obligation bonds, special assessment
1978	bonds, or revenue bonds may be authorized by resolution or
1979	resolutions of the board, which shall be adopted by a majority
1980	of all the members thereof then in office. Such resolution or
1981	resolutions may be adopted at the same meeting at which they are
1982	introduced and need not be published or posted. The board may,
1983	by resolution, authorize the issuance of bonds and fix the
1984	aggregate amount of bonds to be issued; the purpose or purposes
1985	for which the moneys derived therefrom shall be expended,
1986	including, but not limited to, payment of costs as defined in
1987	section 2(6)(h); the rate or rates of interest, not to exceed
1988	the maximum rate allowed by general law; the denomination of the
1989	bonds; whether or not the bonds are to be issued in one or more
1990	series; the date or dates of maturity, which shall not exceed 40
1991	years from their respective dates of issuance; the medium of
1992	payment; the place or places within or without the state where
1993	payment shall be made; registration privileges; redemption terms
1994	and privileges, whether with or without premium; the manner of
1995	execution; the form of the bonds, including any interest coupons
1996	to be attached thereto; the manner of execution of bonds and
1997	coupons; and any and all other terms, covenants, and conditions
1998	thereof and the establishment of revenue or other funds. Such
1999	authorizing resolution or resolutions may further provide for
2000	the contracts authorized by section 159.825(1)(f) and (g),
2001	Florida Statutes, regardless of the tax treatment of such bonds
2002	being authorized, subject to the finding by the board of a net
2003	savings to the district resulting by reason thereof. Such
2004	authorizing resolution may further provide that such bonds may
2005	be executed in accordance with the Registered Public Obligations
2006	Act, except that bonds not issued in registered form shall be
2007	valid if manually countersigned by an officer designated by
2008	appropriate resolution of the board. The seal of the district
2009	may be affixed, lithographed, engraved, or otherwise reproduced
2010	in facsimile on such bonds. In case any officer whose signature
2011	appears on any bonds or coupons ceases to be such officer before
2012	the delivery of such bonds, such signature or facsimile shall
2013	nevertheless be valid and sufficient for all purposes as if he
2014	or she had remained in office until such delivery.
2015	(c)  Pending the preparation of definitive bonds, the board
2016	may issue interim certificates or receipts or temporary bonds,
2017	in such form and with such provisions as the board may
2018	determine, exchangeable for definitive bonds when such bonds
2019	have been executed and are available for delivery. The board may
2020	also provide for the replacement of any bonds which become
2021	mutilated, lost, or destroyed.
2022	(d)  Any bond issued under this act or any temporary bond,
2023	in the absence of an express recital on the face thereof that it
2024	is nonnegotiable, shall be fully negotiable and shall be and
2025	constitute a negotiable instrument within the meaning and for
2026	all purposes of the law merchant and the laws of the state.
2027	(e)  The board may make such provision with respect to the
2028	defeasance of the right, title, and interest of the holders of
2029	any of the bonds and obligations of the district in any
2030	revenues, funds, or other properties by which such bonds are
2031	secured as the board deems appropriate and, without limitation
2032	on the foregoing, may provide that when such bonds or
2033	obligations become due and payable or are called for redemption
2034	and the whole amount of the principal and interest and premium,
2035	if any, due and payable upon the bonds or obligations then
2036	outstanding is held in trust for such purpose and provision is
2037	also made for paying all other sums payable in connection with
2038	such bonds or other obligations, then the right, title, and
2039	interest of the holders of the bonds in any revenues, funds, or
2040	other properties by which such bonds are secured shall thereupon
2041	cease, terminate, and become void; and the board may apply any
2042	surplus in any sinking fund established in connection with such
2043	bonds or obligations and all balances remaining in all other
2044	funds or accounts other than money held for the redemption or
2045	payment of the bonds or other obligations to any lawful purpose
2046	of the district as the board shall determine.
2047	(f)  If the proceeds of any bonds are less than the cost of
2048	completing the project in connection with which such bonds were
2049	issued, the board may authorize the issuance of additional bonds
2050	upon such terms and conditions as the board may provide in the
2051	resolution authorizing the issuance thereof, but only in
2052	compliance with the resolution or other proceedings authorizing
2053	the issuance of the original bonds.
2054	(g)  The district shall have the power to issue bonds to
2055	provide for the retirement or refunding of any bonds or
2056	obligations of the district that, at the time of such issuance,
2057	are or subsequently thereto become due and payable, or that at
2058	the time of issuance have been called or are or will be subject
2059	to call for redemption within 10 years thereafter, or the
2060	surrender of which can be procured from the holders thereof at
2061	prices satisfactory to the board. Refunding bonds may be issued
2062	at any time when, in the judgment of the board, such issuance
2063	will be advantageous to the district. No approval of the
2064	qualified electors residing in the district shall be required
2065	for the issuance of refunding bonds except in cases in which
2066	such approval is required by the State Constitution. The board
2067	may by resolution confer upon the holders of such refunding
2068	bonds all rights, powers, and remedies to which the holders
2069	would be entitled if they continued to be the owners and had
2070	possession of the bonds for the refinancing of which such
2071	refunding bonds are issued, including, but not limited to, the
2072	preservation of the lien of such bonds on the revenues of any
2073	project or on pledged funds, without extinguishment, impairment,
2074	or diminution thereof. The provisions of this act pertaining to
2075	bonds of the district shall, unless the context otherwise
2076	requires, govern the issuance of refunding bonds, the form and
2077	other details thereof, the rights of the holders thereof, and
2078	the duties of the board with respect thereto.
2079	(h)1.  The district shall have the power to issue revenue
2080	bonds from time to time without limitation as to amount. Such
2081	revenue bonds may be secured by, or payable from, the gross or
2082	net pledge of the revenues to be derived from any project or
2083	combination of projects; from the rates, fees, or other charges
2084	to be collected from the users of any project or projects; from
2085	any revenue-producing undertaking or activity of the district;
2086	from special assessments; from benefit special assessments; or
2087	from any other source or pledged security. Such bonds shall not
2088	constitute an indebtedness of the district, and the approval of
2089	the qualified electors shall not be required unless such bonds
2090	are additionally secured by the full faith and credit and taxing
2091	power of the district.
2092	2.  Any two or more projects may be combined and
2093	consolidated into a single project and may be operated and
2094	maintained as a single project. The revenue bonds authorized
2095	herein may be issued to finance any one or more of such
2096	projects, regardless of whether such projects have been combined
2097	and consolidated into a single project. If the board deems it
2098	advisable, the proceedings authorizing such revenue bonds may
2099	provide that the district may combine the projects then being
2100	financed or theretofore financed with other projects to be
2101	subsequently financed by the district and that revenue bonds to
2102	be thereafter issued by the district shall be on parity with the
2103	revenue bonds then being issued, all on such terms, conditions,
2104	and limitations provided in the proceeding which authorized the
2105	original bonds.
2106	(i)1.  Subject to the limitations of this charter, the
2107	district shall have the power from time to time to issue general
2108	obligation bonds to finance or refinance capital projects or to
2109	refund outstanding bonds in an aggregate principal amount of
2110	bonds outstanding at any one time not in excess of 35 percent of
2111	the assessed value of the taxable property within the district
2112	as shown on the pertinent tax records at the time of the
2113	authorization of the general obligation bonds for which the full
2114	faith and credit of the district is pledged. Except for
2115	refunding bonds, no general obligation bonds shall be issued
2116	unless the bonds are issued to finance or refinance a capital
2117	project and the issuance has been approved at an election held
2118	in accordance with the requirements for such election as
2119	prescribed by the State Constitution. Such elections shall be
2120	called to be held in the district by the board of county
2121	commissioners of the county upon the request of the board of the
2122	district. The expenses of calling and holding an election shall
2123	be at the expense of the district, and the district shall
2124	reimburse the county for any expenses incurred in calling or
2125	holding such election.
2126	2.  The district may pledge its full faith and credit for
2127	the payment of the principal and interest on such general
2128	obligation bonds and for any reserve funds provided therefor and
2129	may unconditionally and irrevocably pledge itself to levy ad
2130	valorem taxes on all taxable property in the district, to the
2131	extent necessary for the payment thereof, without limitations as
2132	to rate or amount.
2133	3.  If the board determines to issue general obligation
2134	bonds for more than one capital project, the approval of the
2135	issuance of the bonds for each and all such projects may be
2136	submitted to the electors on one and the same ballot. The
2137	failure of the electors to approve the issuance of bonds for any
2138	one or more capital projects shall not defeat the approval of
2139	bonds for any capital project which has been approved by the
2140	electors.
2141	4.  In arriving at the amount of general obligation bonds
2142	permitted to be outstanding at any one time pursuant to
2143	subparagraph 1., there shall not be included any general
2144	obligation bonds which are additionally secured by the pledge
2145	of:
2146	a.  Any assessments levied in an amount sufficient to pay
2147	the principal and interest on the general obligation bonds so
2148	additionally secured, which assessments have been equalized and
2149	confirmed by resolution of the board pursuant to this act or
2150	section 170.08, Florida Statutes.
2151	b.  Water revenues, sewer revenues, or water and sewer
2152	revenues of the district to be derived from user fees in an
2153	amount sufficient to pay the principal and interest on the
2154	general obligation bonds so additionally secured.
2155	c.  Any combination of assessments and revenues described
2156	in subparagraphs a. and b.
2157	(j)1.  All bonds issued under the provisions of this act
2158	shall constitute legal investments for savings banks, banks,
2159	trust companies, insurance companies, executors, administrators,
2160	trustees, guardians, and other fiduciaries and for any board,
2161	body, agency, instrumentality, county, municipality, or other
2162	political subdivision of the state and shall be and constitute
2163	security which may be deposited by banks or trust companies as
2164	security for deposits of state, county, municipal, or other
2165	public funds or by insurance companies as required or voluntary
2166	statutory deposits.
2167	2.  Any bonds issued by the district shall be incontestable
2168	in the hands of bona fide purchasers or holders for value and
2169	shall not be invalid because of any irregularity or defect in
2170	the proceedings for the issue and sale thereof.
2171	(k)  Any resolution authorizing the issuance of bonds may
2172	contain such covenants as the board may deem advisable, and all
2173	such covenants shall constitute valid and legally binding and
2174	enforceable contracts between the district and the bondholders,
2175	regardless of the time of issuance thereof. Such covenants may
2176	include, without limitation, covenants concerning the
2177	disposition of the bond proceeds; the use and disposition of
2178	project revenues; the pledging of revenues, taxes, and
2179	assessments; the obligations of the district with respect to the
2180	operation of the project and the maintenance of adequate project
2181	revenues; the issuance of additional bonds; the appointment,
2182	powers, and duties of trustees and receivers; the acquisition of
2183	outstanding bonds and obligations; restrictions on the
2184	establishing of competing projects or facilities; restrictions
2185	on the sale or disposal of the assets and property of the
2186	district; the priority of assessment liens; the priority of
2187	claims by bondholders on the taxing power of the district; the
2188	maintenance of deposits to ensure the payment of revenues by
2189	users of district facilities and services; the discontinuance of
2190	district services by reason of delinquent payments; acceleration
2191	upon default; the execution of necessary instruments; the
2192	procedure for amending or abrogating covenants with the
2193	bondholders; and such other covenants as may be deemed necessary
2194	or desirable for the security of the bondholders.
2195	(l)  The power of the district to issue bonds under the
2196	provisions of this act may be determined, and any of the bonds
2197	of the district maturing over a period of more than 5 years
2198	shall be validated and confirmed, by court decree, under the
2199	provisions of chapter 75, Florida Statutes.
2200	(m)  To the extent allowed by general law, all bonds issued
2201	hereunder and interest paid thereon and all fees, charges, and
2202	other revenues derived by the district from the projects
2203	provided by this act are exempt from all taxes by the state or
2204	by any political subdivision, agency, or instrumentality
2205	thereof; however, any interest, income, or profits on debt
2206	obligations issued hereunder are not exempt from the tax imposed
2207	by chapter 220, Florida Statutes. Further, the district is not
2208	exempt from the provisions of chapter 212, Florida Statutes.
2209	(n)  Bonds issued by the district shall meet the criteria
2210	set forth in section 189.4085, Florida Statutes.
2211	(o)  This act constitutes full and complete authority for
2212	the issuance of bonds and the exercise of the powers of the
2213	district provided herein. No procedures or proceedings,
2214	publications, notices, consents, approvals, orders, acts, or
2215	things by the board, or any board, officers, commission,
2216	department, agency, or instrumentality of the district, other
2217	than those required by this act, shall be required to perform
2218	anything under this act, except that the issuance or sale of
2219	bonds pursuant to the provisions of this act shall comply with
2220	the general law requirements applicable to the issuance or sale
2221	of bonds by the district. Nothing in this act shall be construed
2222	to authorize the district to utilize bond proceeds to fund the
2223	ongoing operations of the district.
2224	(p)  The state pledges to the holders of any bonds issued
2225	under this act that it will not limit or alter the rights of the
2226	district to own, acquire, construct, reconstruct, improve,
2227	maintain, operate, or furnish the projects or to levy and
2228	collect the taxes, assessments, rentals, rates, fees, and other
2229	charges provided for herein or to fulfill the terms of any
2230	agreement made with the holders of such bonds or other
2231	obligations and that it will not in any way impair the rights or
2232	remedies of such holders.
2233	(q)  A default on the bonds or obligations of a district
2234	shall not constitute a debt or obligation of the state or any
2235	local general-purpose government or the state.
2236	(13)  TRUST AGREEMENTS.--Any issue of bonds shall be
2237	secured by a trust agreement by and between the district and a
2238	corporate trustee or trustees, which may be any trust company or
2239	bank having the powers of a trust company within or without the
2240	state. The resolution authorizing the issuance of the bonds or
2241	such trust agreement may pledge the revenues to be received from
2242	any projects of the district and may contain such provisions for
2243	protecting and enforcing the rights and remedies of the
2244	bondholders as the board may approve, including, without
2245	limitation, covenants setting forth the duties of the district
2246	in relation to the acquisition, construction, reconstruction,
2247	improvement, maintenance, repair, operation, and insurance of
2248	any projects; the fixing and revising of the rates, fees, and
2249	charges; and the custody, safeguarding, and application of all
2250	moneys and for the employment of consulting engineers in
2251	connection with such acquisition, construction, reconstruction,
2252	improvement, maintenance, repair, or operation. It shall be
2253	lawful for any bank or trust company within or without the state
2254	which may act as a depository of the proceeds of bonds or of
2255	revenues to furnish such indemnifying bonds or to pledge such
2256	securities as may be required by the district. Such resolution
2257	or trust agreement may set forth the rights and remedies of the
2258	bondholders and of the trustee, if any, and may restrict the
2259	individual right of action by bondholders. The board may provide
2260	for the payment of proceeds of the sale of the bonds and the
2261	revenues of any project to such officer, board, or depository as
2262	it may designate for the custody thereof and may provide for the
2263	method of disbursement thereof with such safeguards and
2264	restrictions as it may determine. All expenses incurred in
2265	carrying out the provisions of such resolution or trust
2266	agreement may be treated as part of the cost of operation of the
2267	project to which such trust agreement pertains.
2268	(14)  AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2269	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2270	ASSESSMENTS; MAINTENANCE TAXES.--
2271	(a)  A board elected by and consisting of qualified
2272	electors shall have the power to levy and assess an ad valorem
2273	tax on all the taxable property in the district to construct,
2274	operate, and maintain assessable improvements; to pay the
2275	principal of, and interest on, any general obligation bonds of
2276	the district; and to provide for any sinking or other funds
2277	established in connection with any such bonds. An ad valorem tax
2278	levied by the board for operating purposes, exclusive of debt
2279	service on bonds, shall not exceed 3 mills. The ad valorem tax
2280	provided for herein shall be in addition to county and all other
2281	ad valorem taxes provided for by law. Such tax shall be
2282	assessed, levied, and collected in the same manner and at the
2283	same time as county taxes. The levy of ad valorem taxes shall be
2284	approved by referendum when required by the State Constitution.
2285	(b)  The board annually shall determine, order, and levy
2286	the annual installment of the total benefit special assessments
2287	for bonds issued for and expenses related to financing
2288	assessable improvements. These assessments may be due and
2289	collected during each year that county taxes are due and
2290	collected, in which case such annual installment and levy shall
2291	be evidenced and certified to the property appraiser by the
2292	board not later than August 31 of each year. Such assessment
2293	shall be entered by the property appraiser on the county tax
2294	rolls and shall be collected and enforced by the tax collector
2295	in the same manner and at the same time as county taxes, and the
2296	proceeds thereof shall be paid to the district. However, this
2297	subsection shall not prohibit the district in its discretion
2298	from using the method prescribed in either section 197.3632,
2299	Florida Statutes, or chapter 173, Florida Statutes, for
2300	collecting and enforcing these assessments. Each annual
2301	installment of benefit special assessments shall be a lien on
2302	the property against which assessed until paid and shall be
2303	enforceable in a like manner as county taxes. The amount of the
2304	assessment for the exercise of the district's powers under
2305	subsections (8) and (9) shall be determined by the board based
2306	upon a report by the district's engineer and assessed by the
2307	board upon such lands, which may be part or all of the lands
2308	within the district benefited by the improvement, apportioned
2309	between benefited lands in proportion to the benefits received
2310	by each tract of land. The board may, if it determines it is in
2311	the best interests of the district, set forth in the proceedings
2312	initially levying such benefit special assessments or in
2313	subsequent proceedings a formula for the determination of an
2314	amount, which, when paid by a taxpayer with respect to any tax
2315	parcel, shall constitute a prepayment of all future annual
2316	installments of such benefit special assessments and the payment
2317	of which amount with respect to such tax parcel shall relieve
2318	and discharge such tax parcel of the lien of such benefit
2319	special assessments and any subsequent annual installment
2320	thereof. The board may provide further that upon delinquency in
2321	the payment of any annual installment of benefit special
2322	assessments, the prepayment amount of all future annual
2323	installments of benefit special assessments as determined in
2324	this paragraph shall be and become immediately due and payable
2325	together with such delinquent annual installment.
2326	(c)  If and when authorized by general law, to maintain and
2327	preserve the physical facilities and services constituting the
2328	works, improvements, or infrastructure provided by the district
2329	pursuant to this act, and to repair and restore any one or more
2330	of them, when needed, and for the purpose of defraying the
2331	current expenses of the district, including any sum which may be
2332	required to pay state and county ad valorem taxes on any lands
2333	which may have been purchased and which are held by the district
2334	under the provisions of this act, the board may, upon the
2335	completion of said systems, facilities, services, works,
2336	improvements, or infrastructure, in whole or in part, as may be
2337	certified to the board by the engineer of the board, levy
2338	annually a non-ad valorem and nonmillage tax upon each tract or
2339	parcel of land within the district, to be known as a
2340	"maintenance tax." This non-ad valorem maintenance tax shall be
2341	apportioned upon the basis of the net assessments of benefits
2342	assessed as accruing from the original construction and shall be
2343	evidenced and certified to the property appraiser by the board
2344	not later than June 1 of each year and shall be entered by the
2345	property appraiser on the tax roll of the property appraiser, as
2346	certified by the property appraiser to the tax collector, and
2347	collected by the tax collector on the merged collection roll of
2348	the tax collector in the same manner and at the same time as
2349	county ad valorem taxes, and the proceeds therefrom shall be
2350	paid to the district. This non-ad valorem maintenance tax shall
2351	be a lien until paid on the property against which assessed and
2352	enforceable in like manner and of the same dignity as county ad
2353	valorem taxes.
2354	(d)  To maintain and preserve the facilities and projects
2355	of the district, the board may levy a maintenance special
2356	assessment. This assessment may be evidenced to and certified to
2357	the property appraiser by the board not later than August 31 of
2358	each year and shall be entered by the property appraiser on the
2359	county tax rolls and shall be collected and enforced by the tax
2360	collector in the same manner and at the same time as county
2361	taxes, and the proceeds therefrom shall be paid to the district.
2362	However, this subsection shall not prohibit the district in its
2363	discretion from using the method prescribed in section 197.363,
2364	section 197.3631, or section 197.3632, Florida Statutes, for
2365	collecting and enforcing these assessments. These maintenance
2366	special assessments shall be a lien on the property against
2367	which assessed until paid and shall be enforceable in like
2368	manner as county taxes. The amount of the maintenance special
2369	assessment for the exercise of the district's powers under this
2370	section shall be determined by the board based upon a report by
2371	the district's engineer and assessed by the board upon such
2372	lands, which may be all of the lands within the district
2373	benefited by the maintenance thereof, apportioned between the
2374	benefited lands in proportion to the benefits received by each
2375	tract of land.
2376	(e)  The board shall have the power to levy and impose any
2377	special assessments pursuant to subsection (15).
2378	(f)  The collection and enforcement of all taxes levied by
2379	the district shall be at the same time and in like manner as
2380	county taxes, and the provisions of the Florida Statutes
2381	relating to the sale of lands for unpaid and delinquent county
2382	taxes; the issuance, sale, and delivery of tax certificates for
2383	such unpaid and delinquent county taxes; the redemption thereof;
2384	the issuance to individuals of tax deeds based thereon; and all
2385	other procedures in connection therewith shall be applicable to
2386	the district to the same extent as if such statutory provisions
2387	were expressly set forth herein. All taxes shall be subject to
2388	the same discounts as county taxes.
2389	(g)  All taxes provided for in this act shall become
2390	delinquent and bear penalties on the amount of such taxes in the
2391	same manner as county taxes.
2392	(h)  Benefit special assessments, maintenance special
2393	assessments, and special assessments are hereby found and
2394	determined to be non-ad valorem assessments as defined by
2395	section 197.3632, Florida Statutes. Maintenance taxes are non-ad
2396	valorem taxes and are not special assessments.
2397	(i)  Any and all assessments, including special
2398	assessments, benefit special assessments, and maintenance
2399	special assessments authorized by this section; special
2400	assessments as defined by section 2(6)(z) and granted and
2401	authorized by this subsection; and maintenance taxes if
2402	authorized by general law, shall constitute a lien on the
2403	property against which assessed from the date of levy and
2404	imposition thereof until paid, coequal with the lien of state,
2405	county, municipal, and school board taxes. These assessments may
2406	be collected, at the district's discretion, under authority of
2407	section 197.3631, Florida Statutes, by the tax collector
2408	pursuant to the provisions of sections 197.3632 and 197.3635,
2409	Florida Statutes, or in accordance with other collection
2410	measures provided by law. In addition to, and not in limitation
2411	of, any powers otherwise set forth herein or in general law,
2412	these assessments may also be enforced pursuant to the
2413	provisions of chapter 173, Florida Statutes.
2414	(j)  Except as otherwise provided by law, no levy of ad
2415	valorem taxes or non-ad valorem assessments under this act or
2416	chapter 170 or chapter 197, Florida Statutes, or otherwise by a
2417	board of a district on property of a governmental entity that is
2418	subject to a ground lease as described in section 190.003(13),
2419	Florida Statutes, shall constitute a lien or encumbrance on the
2420	underlying fee interest of such governmental entity.
2421	(15)  SPECIAL ASSESSMENTS.--
2422	(a)  As an alternative method to the levy and imposition of
2423	special assessments pursuant to chapter 170, Florida Statutes,
2424	pursuant to the authority of section 197.3631, Florida Statutes,
2425	or pursuant to other provisions of general law that provide a
2426	supplemental means or authority to impose, levy, and collect
2427	special assessments as otherwise authorized under this act, the
2428	board may levy and impose special assessments to finance the
2429	exercise of any its powers permitted under this act using the
2430	following uniform procedures:
2431	1.  At a noticed meeting, the board shall consider and
2432	review an engineer's report on the costs of the systems,
2433	facilities, and services to be provided, a preliminary
2434	assessment methodology, and a preliminary roll based on acreage
2435	or platted lands, depending upon whether platting has occurred.
2436	2.  The assessment methodology shall address and discuss,
2437	and the board shall consider, whether the systems, facilities,
2438	and services being contemplated will result in special benefits
2439	peculiar to the property, different in kind and degree than
2440	general benefits, as a logical connection between the property
2441	and the systems, facilities, and services themselves, and
2442	whether the duty to pay the assessments by the property owners
2443	is apportioned in a manner that is fair and equitable and not in
2444	excess of the special benefit received. It shall be fair and
2445	equitable to designate a fixed proportion of the annual debt
2446	service, together with interest thereon, on the aggregate
2447	principal amount of bonds issued to finance such systems,
2448	facilities, and services which give rise to unique, special, and
2449	peculiar benefits to property of the same or similar
2450	characteristics under the assessment methodology so long as such
2451	fixed proportion does not exceed the unique, special, and
2452	peculiar benefits enjoyed by such property from such systems,
2453	facilities, and services.
2454	3.  The engineer's cost report shall identify the nature of
2455	the proposed systems, facilities, and services, their location,
2456	and a cost breakdown plus a total estimated cost, including cost
2457	of construction or reconstruction, labor and materials, lands,
2458	property, rights, easements, franchises or systems, facilities
2459	and services to be acquired, cost of plans and specifications,
2460	surveys of estimates of costs and of revenues, cost of
2461	engineering, legal, and other professional consultation
2462	services, and other expenses or costs necessary or incident to
2463	determining the feasibility or practicability of such
2464	construction, reconstruction, or acquisition, administrative
2465	expenses, relationship to the authority and power of the
2466	district in its charter, and such other expense or costs as may
2467	be necessary or incident to the financing to be authorized by
2468	the board.
2469	4.  The preliminary assessment roll will be prepared in
2470	accordance with the method of assessment provided for in the
2471	assessment methodology and as may be adopted by the board. The
2472	assessment roll shall be completed as promptly as possible and
2473	shall show the acreage, lots, lands, or plats assessed and the
2474	amount of the fairly and reasonably apportioned assessment based
2475	on special and peculiar benefit to the property, lot, parcel, or
2476	acreage of land, and if the assessment against each such lot,
2477	parcel, acreage, or portion of land is to be paid in
2478	installments, the number of annual installments in which the
2479	assessment is divided shall be entered into and shown upon the
2480	assessment roll.
2481	5.  The board may determine and declare by an initial
2482	assessment resolution to levy and assess the assessments with
2483	respect to assessable improvements stating the nature of the
2484	systems, facilities, and services; improvements, projects, or
2485	infrastructure constituting such assessable improvements; the
2486	information in the engineer's cost report; and the information
2487	in the assessment methodology as determined by the board at the
2488	noticed meeting and referencing and incorporating as part of the
2489	resolution the engineer's cost report, the preliminary
2490	assessment methodology, and the preliminary assessment roll as
2491	referenced exhibits to the resolution by reference. If the board
2492	determines to declare and levy the special assessments by the
2493	initial assessment resolution, the board shall also adopt and
2494	declare a notice resolution, which shall provide and cause the
2495	initial assessment resolution to be published once a week for a
2496	period of 2 weeks in a newspaper of general circulation
2497	published in Okeechobee County. The board shall, by the notice
2498	resolution, fix a time and place at which the owner or owners of
2499	the property to be assessed or any other persons interested
2500	therein may appear before the board and be heard as to the
2501	propriety and advisability of making such improvements, as to
2502	the costs thereof, as to the manner of payment therefor, and as
2503	to the amount thereof to be assessed against each property so
2504	improved. Thirty days' notice in writing of such time and place
2505	shall be given to such property owners. The notice shall include
2506	the amount of the assessment and shall be served by mailing a
2507	copy to each assessed property owner at his or her last known
2508	address, the names and addresses of such property owners to be
2509	obtained from the record of the property appraiser of the county
2510	political subdivision where the land is located or from such
2511	other sources as the district manager or engineer deems
2512	reliable. Proof of such mailing shall be made by the affidavit
2513	of the manager of the district or by the engineer, said proof to
2514	be filed with the manager of the district, provided that failure
2515	to mail said notice or notices shall not invalidate any of the
2516	proceedings hereunder. It is provided further that the last
2517	publication shall be at least 1 week prior to the date of the
2518	hearing on the final assessment resolution. Said notice shall
2519	describe the general areas to be improved and advise all persons
2520	interested that the description of each property to be assessed
2521	and the amount to be assessed to each piece, parcel, lot, or
2522	acre of property may be ascertained at the office of the manager
2523	of the district. Such service by publication shall be verified
2524	by the affidavit of the publisher and filed with the manager of
2525	the district. Moreover, the initial assessment resolution with
2526	its attached, referenced, and incorporated engineer's cost
2527	report, preliminary assessment methodology, and preliminary
2528	assessment roll, along with the notice resolution, shall be
2529	available for public inspection at the office of the manager and
2530	the office of the engineer or any other office designated by the
2531	board in the notice resolution. Notwithstanding the foregoing,
2532	the landowners of all of the property which is proposed to be
2533	assessed may give the district written notice of waiver of any
2534	notice and publication provided for in this subparagraph, and
2535	such notice and publication shall not be required; however, any
2536	meeting of the board to consider such resolution shall be a
2537	publicly noticed meeting.
2538	6.  At the time and place named in the noticed resolution
2539	as provided for in subparagraph 5., the board shall meet and
2540	hear testimony from affected property owners as to the propriety
2541	and advisability of providing the systems, facilities, services,
2542	projects, works, improvements, or infrastructure and funding
2543	them with assessments referenced in the initial assessment
2544	resolution on the property. Following the testimony and
2545	questions from the members of the board or any professional
2546	advisors to the district or the preparers of the engineer's cost
2547	report, the assessment methodology, and the assessment roll, the
2548	board shall make a final decision on whether to levy and assess
2549	the particular assessments. Thereafter, the board shall meet as
2550	an equalizing board to hear and consider any and all complaints
2551	as to the particular assessments and shall adjust and equalize
2552	the assessments on the basis of justice and right.
2553	7.  When so equalized and approved by resolution or
2554	ordinance by the board, to be called the final assessment
2555	resolution, a final assessment roll shall be filed with the
2556	manager of the board, and such assessment shall stand confirmed
2557	and remain legal, valid, and binding first liens on the property
2558	against which such assessments are made until paid, equal in
2559	dignity to the first liens of ad valorem taxation of county
2560	governments and school boards; however, upon completion of the
2561	systems, facilities, services, projects, improvements, works, or
2562	infrastructure, the district shall credit to each assessment the
2563	difference in the assessment as originally made, approved,
2564	levied, assessed, and confirmed and the proportionate part of
2565	the actual cost of the improvement to be paid by the particular
2566	special assessments as finally determined upon the completion of
2567	the improvement, but in no event shall the final assessment
2568	exceed the amount of the special and peculiar benefits as
2569	apportioned fairly and reasonably to the property from the
2570	system, facility, or service being provided as originally
2571	assessed. Promptly after such confirmation, the assessment shall
2572	be recorded by the manager of the board in the minutes of the
2573	proceedings of the district, and the record of the lien in this
2574	set of minutes shall constitute prima facie evidence of its
2575	validity. The board, in its sole discretion, may by resolution
2576	grant a discount equal to all or a part of the payee's
2577	proportionate share of the cost of the project consisting of
2578	bond financing cost, such as capitalized interest, funded
2579	reserves, and bond discounts included in the estimated cost of
2580	the project, upon payment in full of any assessments during such
2581	period prior to the time such financing costs are incurred as
2582	may be specified by the board in such resolution.
2583	8.  District assessments may be made payable in
2584	installments over no more than 30 years from the date of the
2585	payment of the first installment thereof and may bear interest
2586	at fixed or variable rates.
2587	(b)  Notwithstanding any provision of this act or of
2588	chapter 170 or section 170.09, Florida Statutes, which provide
2589	that assessments may be paid without interest at any time within
2590	30 days after the improvement is completed and a resolution
2591	accepting the same has been adopted by the governing authority,
2592	such provision shall not be applicable to any district
2593	assessments, whether imposed, levied, and collected pursuant to
2594	the provisions of this act or other provisions of Florida law,
2595	including, but not limited to, chapter 170, Florida Statutes.
2596	(c)  In addition, the district is authorized expressly in
2597	the exercise of its rulemaking power to promulgate a rule or
2598	rules providing for notice, levy, imposition, equalization, and
2599	collection of assessments.
2600	(16)  ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2601	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.--
2602	(a)  The board may, after any special assessments or
2603	benefit special assessments for assessable improvements are
2604	made, determined, and confirmed as provided in this act, issue
2605	certificates of indebtedness for the amount so assessed against
2606	the abutting property or property otherwise benefited within the
2607	external boundaries of the district, as the case may be.
2608	Separate certificates shall be issued against each part or
2609	parcel of land or property assessed, which certificates shall
2610	state the general nature of the improvement for which the
2611	assessment is made. The certificates shall be payable in annual
2612	installments in accordance with the installments of the special
2613	assessment for which they are issued. The board may determine
2614	the interest to be borne by such certificates, not to exceed the
2615	maximum rate allowed by general law, and may sell such
2616	certificates at either private or public sale and determine the
2617	form, manner of execution, and other details of such
2618	certificates. The certificates shall recite that they are
2619	payable only from the special assessments levied and collected
2620	from the part or parcel of land or property against which they
2621	are issued. The proceeds of such certificates may be pledged for
2622	the payment of principal of and interest on any revenue bonds or
2623	general obligation bonds issued to finance in whole or in part
2624	such assessable improvements, or, if not so pledged, may be used
2625	to pay the cost or part of the cost of such assessable
2626	improvements.
2627	(b)  The district may also issue assessment bonds, revenue
2628	bonds, or other obligations payable from a special fund into
2629	which such certificates of indebtedness referred to in the
2630	preceding paragraph may be deposited; or, if such certificates
2631	of indebtedness have not been issued, the district may assign to
2632	such special fund for the benefit of the holders of such
2633	assessment bonds or other obligations, or to a trustee for such
2634	bondholders, the assessment liens provided for in this act
2635	unless such certificates of indebtedness or assessment liens
2636	have been theretofore pledged for any bonds or other obligations
2637	authorized hereunder. In the event of the creation of such
2638	special fund and the issuance of such assessment bonds or other
2639	obligations, the proceeds of such certificates of indebtedness
2640	or assessment liens deposited therein shall be used only for the
2641	payment of the assessment bonds or other obligations issued as
2642	provided in this section. The district is authorized to covenant
2643	with the holders of such assessment bonds, revenue bonds, or
2644	other obligations that it will diligently and faithfully enforce
2645	and collect all the special assessments and interest and
2646	penalties thereon for which such certificates of indebtedness or
2647	assessment liens have been deposited in or assigned to such
2648	fund; to foreclose such assessment liens so assigned to such
2649	special fund or represented by the certificates of indebtedness
2650	deposited in the special fund, after such assessment liens have
2651	become delinquent, and deposit the proceeds derived from such
2652	foreclosure, including interest and penalties, in such special
2653	fund; and to make any other covenants deemed necessary or
2654	advisable in order to properly secure the holders of such
2655	assessment bonds or other obligations.
2656	(c)  The assessment bonds, revenue bonds, or other
2657	obligations issued pursuant to this section shall have such
2658	dates of issue and maturity as shall be deemed advisable by the
2659	board; however, the maturities of such assessment bonds or other
2660	obligations shall not be more than 2 years after the due date of
2661	the last installment which will be payable on any of the special
2662	assessments for which such assessment liens, or the certificates
2663	of indebtedness representing such assessment liens, are assigned
2664	to or deposited in such special fund.
2665	(d)  Such assessment bonds, revenue bonds, or other
2666	obligations issued under this section shall bear such interest
2667	as the board may determine, not to exceed the maximum rate
2668	allowed by general law, and shall be executed, shall have such
2669	provisions for redemption prior to maturity, and shall be sold
2670	in the manner of and be subject to all of the applicable
2671	provisions contained in this act for revenue bonds, except as
2672	the same may be inconsistent with the provisions of this
2673	section.
2674	(e)  All assessment bonds, revenue bonds, or other
2675	obligations issued under the provisions of this section shall be
2676	and constitute and shall have all the qualities and incidents of
2677	negotiable instruments under the law merchant and the laws of
2678	the state.
2679	(17)  TAX LIENS.--All taxes of the district provided for in
2680	this act, except together with all penalties for default in the
2681	payment of the same and all costs in collecting the same,
2682	including a reasonable attorney's fee fixed by the court and
2683	taxed as a cost in the action brought to enforce payment, shall,
2684	from January 1 for each year the property is liable to
2685	assessment and until paid, constitute a lien of equal dignity
2686	with the liens for state and county taxes and other taxes of
2687	equal dignity with state and county taxes upon all the lands
2688	against which such taxes shall be levied. A sale of any of the
2689	real property within the district for state and county or other
2690	taxes shall not operate to relieve or release the property so
2691	sold from the lien for subsequent district taxes or installments
2692	of district taxes, which lien may be enforced against such
2693	property as though no such sale thereof had been made. In
2694	addition to, and not in limitation of, the preceding sentence,
2695	for purposes of section 197.552, Florida Statutes, the lien of
2696	all special assessments levied by the district shall constitute
2697	a lien of record held by a municipal or county governmental
2698	unit. The provisions of sections 194.171, 197.122, 197.333, and
2699	197.432, Florida Statutes, as each may be amended from time to
2700	time, shall be applicable to district taxes with the same force
2701	and effect as if such provisions were expressly set forth in
2702	this act.
2703	(18)  PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2704	DISTRICT; SHARING IN PROCEEDS OF TAX SALE.--
2705	(a)  The district shall have the power and right to:
2706	1.  Pay any delinquent state, county, district, municipal,
2707	or other tax or assessment upon lands located wholly or
2708	partially within the boundaries of the district; and
2709	2.  Redeem or purchase any tax sales certificates issued or
2710	sold on account of any state, county, district, municipal, or
2711	other taxes or assessments upon lands located wholly or
2712	partially within the boundaries of the district.
2713	(b)  Delinquent taxes paid, or tax sales certificates
2714	redeemed or purchased, by the district, together with all
2715	penalties for the default in payment of the same, all costs in
2716	collecting the same, and a reasonable attorney's fee, shall
2717	constitute a lien in favor of the district of equal dignity with
2718	the liens of state and county taxes and other taxes of equal
2719	dignity with state and county taxes upon all the real property
2720	against which the taxes were levied. The lien of the district
2721	may be foreclosed in the manner provided in this act.
2722	(c)  In any sale of land pursuant to section 197.542,
2723	Florida Statutes, as may be amended from time to time, the
2724	district may certify to the clerk of the circuit court of the
2725	county holding such sale the amount of taxes due to the district
2726	upon the lands sought to be sold, and the district shall share
2727	in the disbursement of the sales proceeds in accordance with the
2728	provisions of this act and under the laws of the state.
2729	(19)  FORECLOSURE OF LIENS.--Any lien in favor of the
2730	district arising under this act may be foreclosed by the
2731	district by foreclosure proceedings in the name of the district
2732	in a court of competent jurisdiction as provided by general law
2733	in like manner as is provided in chapter 173, Florida Statutes,
2734	and amendments thereto; the provisions of that chapter shall be
2735	applicable to such proceedings with the same force and effect as
2736	if those provisions were expressly set forth in this act. Any
2737	act required or authorized to be done by or on behalf of a
2738	municipality in foreclosure proceedings under chapter 173,
2739	Florida Statutes, may be performed by such officer or agent of
2740	the district as the board may designate. Such foreclosure
2741	proceedings may be brought at any time after the expiration of 1
2742	year from the date any tax, or installment thereof, becomes
2743	delinquent; however, no lien shall be foreclosed against any
2744	political subdivision or agency of the state. Other legal
2745	remedies shall remain available.
2746	(20)  MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
2747	FACILITIES, AND SERVICES.--To the full extent permitted by law,
2748	the district shall require all lands, buildings, premises,
2749	persons, firms, and corporations within the district to use the
2750	water management and control facilities and water and sewer
2751	facilities of the district.
2752	(21)  COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2753	PROVISIONS REQUIRED.--
2754	(a)  No contract shall be let by the board for any goods,
2755	supplies, or materials to be purchased when the amount thereof
2756	to be paid by the district shall exceed the amount provided in
2757	section 287.017, Florida Statutes, for category four unless
2758	notice of bids shall be advertised once in a newspaper of
2759	general circulation in Okeechobee County. Any board seeking to
2760	construct or improve a public building or structure or other
2761	public works shall comply with the bidding procedures of section
2762	255.20, Florida Statutes, and other applicable general law. In
2763	each case, the bid of the lowest responsive and responsible
2764	bidder shall be accepted unless all bids are rejected because
2765	the bids are too high or because the board determines it is in
2766	the best interests of the district to reject all bids. The board
2767	may require the bidders to furnish bond with a responsible
2768	surety to be approved by the board. Nothing in this section
2769	shall prevent the board from undertaking and performing the
2770	construction, operation, and maintenance of any project or
2771	facility authorized by this act by the employment of labor,
2772	material, and machinery.
2773	(b)  The provisions of the Consultants' Competitive
2774	Negotiation Act, section 287.055, Florida Statutes, apply to
2775	contracts for engineering, architecture, landscape architecture,
2776	or registered surveying and mapping services let by the board.
2777	(c)  Contracts for maintenance services for any district
2778	facility or project shall be subject to competitive bidding
2779	requirements when the amount thereof to be paid by the district
2780	exceeds the amount provided in section 287.017, Florida
2781	Statutes, for category four. The district shall adopt rules,
2782	policies, or procedures establishing competitive bidding
2783	procedures for maintenance services. Contracts for other
2784	services shall not be subject to competitive bidding unless the
2785	district adopts a rule, policy, or procedure applying
2786	competitive bidding procedures to said contracts.
2787	(22)  FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2788	AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.--
2789	(a)  The district is authorized to prescribe, fix,
2790	establish, and collect rates, fees, rentals, or other charges,
2791	hereinafter sometimes referred to as "revenues," and to revise
2792	the same from time to time, for the systems, facilities, and
2793	services furnished by the district within the limits of the
2794	district, including, but not limited to, recreational
2795	facilities, water management and control facilities, and water
2796	and sewer systems; to recover the costs of making connection
2797	with any district service, facility, or system; and to provide
2798	for reasonable penalties against any user or property for any
2799	such rates, fees, rentals, or other charges that are delinquent.
2800	(b)  No such rates, fees, rentals, or other charges for any
2801	of the facilities or services of the district shall be fixed
2802	until after a public hearing at which all the users of the
2803	proposed facility or service or owners, tenants, or occupants
2804	served or to be served thereby and all other interested persons
2805	shall have an opportunity to be heard concerning the proposed
2806	rates, fees, rentals, or other charges. Rates, fees, rentals,
2807	and other charges shall be adopted under the administrative
2808	rulemaking authority of the district but shall not apply to
2809	district leases. Notice of such public hearing setting forth the
2810	proposed schedule or schedules of rates, fees, rentals, and
2811	other charges shall have been published in a newspaper of
2812	general circulation in Okeechobee County at least once and at
2813	least 10 days prior to such public hearing. The rulemaking
2814	hearing may be adjourned from time to time. After such hearing,
2815	such schedule or schedules, either as initially proposed or as
2816	modified or amended, may be finally adopted. A copy of the
2817	schedule or schedules of such rates, fees, rentals, or charges
2818	as finally adopted shall be kept on file in an office designated
2819	by the board and shall be open at all reasonable times to public
2820	inspection. The rates, fees, rentals, or charges so fixed for
2821	any class of users or property served shall be extended to cover
2822	any additional users or properties thereafter served which shall
2823	fall in the same class, without the necessity of any notice or
2824	hearing.
2825	(c)  Such rates, fees, rentals, and charges shall be just,
2826	equitable, and uniform for users of the same class and, when
2827	appropriate, may be based or computed either upon the amount of
2828	service furnished, upon the number of average number of persons
2829	residing or working in or otherwise occupying the premises
2830	served, upon any other factor affecting the use of the
2831	facilities furnished, or upon any combination of the foregoing
2832	factors, as may be determined by the board on an equitable
2833	basis.
2834	(d)  The rates, fees, rentals, or other charges prescribed
2835	shall be such as will produce revenues, together with any other
2836	assessments, taxes, revenues, or funds available or pledged for
2837	such purpose, at least sufficient to provide for the following
2838	items, but not necessarily in the order stated:
2839	1.  All expenses of operation and maintenance of such
2840	facility or service;
2841	2.  Payment, when due, of all bonds and interest thereon
2842	for the payment of which such revenues are, or shall have been,
2843	pledged or encumbered, including reserves for such purpose; and
2844	3.  Any other funds which may be required under the
2845	resolution or resolutions authorizing the issuance of bonds
2846	pursuant to this act.
2847	(e)  The board shall have the power to enter into contracts
2848	for the use of the projects of the district and with respect to
2849	the services, systems, and facilities furnished or to be
2850	furnished by the district.
2851	(23)  RECOVERY OF DELINQUENT CHARGES.--In the event that
2852	any rates, fees, rentals, charges, or delinquent penalties are
2853	not paid as and when due and are in default for 60 days or more,
2854	the unpaid balance thereof and all interest accrued thereon,
2855	together with reasonable attorney's fees and costs, may be
2856	recovered by the district in a civil action.
2857	(24)  DISCONTINUANCE OF SERVICE.--In the event the fees,
2858	rentals, or other charges for water and sewer services, or
2859	either of them, are not paid when due, the board shall have the
2860	power, under such reasonable rules and regulations as the board
2861	may adopt, to discontinue and shut off both water and sewer
2862	services until such fees, rentals, or other charges, including
2863	interest, penalties, and charges for the shutting off and
2864	discontinuance of or restoration of such water and sewer
2865	services, or both, are fully paid; for such purposes, the board
2866	may enter on any lands, waters, or premises of any person, firm,
2867	corporation, or body, public or private, within the district
2868	limits. Such delinquent fees, rentals, or other charges,
2869	together with interest, penalties, and charges for the shutting
2870	off and discontinuance of or restoration of such services and
2871	facilities, reasonable attorney's fees, and other expenses, may
2872	be recovered by the district, which may also enforce payment of
2873	such delinquent fees, rentals, or other charges by any other
2874	lawful method of enforcement.
2875	(25)  ENFORCEMENT AND PENALTIES.--The board or any
2876	aggrieved person may have recourse to such remedies in law and
2877	at equity as may be necessary to ensure compliance with the
2878	provisions of this act, including injunctive relief to enjoin or
2879	restrain any person violating the provisions of this act or any
2880	bylaws, resolutions, regulations, rules, codes, or orders
2881	adopted under this act. In case any building or structure is
2882	erected, constructed, reconstructed, altered, repaired,
2883	converted, or maintained, or any building, structure, land, or
2884	water is used, in violation of this act or of any code, order,
2885	resolution, or other regulation made under authority conferred
2886	by this act or under law, the board or any citizen residing in
2887	the district may institute any appropriate action or proceeding
2888	to prevent such unlawful erection, construction, reconstruction,
2889	alteration, repair, conversion, maintenance, or use; to
2890	restrain, correct, or avoid such violation; to prevent the
2891	occupancy of such building, structure, land, or water; and to
2892	prevent any illegal act, conduct, business, or use in or about
2893	such premises, land, or water.
2894	(26)  SUITS AGAINST THE DISTRICT.--Any suit or action
2895	brought or maintained against the district for damages arising
2896	out of tort, including, without limitation, any claim arising
2897	upon account of an act causing an injury or loss of property,
2898	personal injury, or death, shall be subject to the limitations
2899	provided in section 768.28, Florida Statutes.
2900	(27)  EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.--All
2901	district property shall be exempt from levy and sale by virtue
2902	of an execution, and no execution or other judicial process
2903	shall issue against such property, nor shall any judgment
2904	against the district be a charge or lien on its property or
2905	revenues; however, nothing contained herein shall apply to or
2906	limit the rights of bondholders to pursue any remedy for the
2907	enforcement of any lien or pledge given by the district in
2908	connection with any of the bonds or obligations of the district.
2909	(28)  TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.--
2910	(a)  The board may ask the Legislature through its local
2911	legislative delegation in and for Okeechobee County to amend
2912	this act to contract or expand the boundaries of the district by
2913	amendment of subsection (2).
2914	(b)  The district shall remain in existence until:
2915	1.  The district is terminated and dissolved pursuant to
2916	amendment to this act by the Legislature; or
2917	2.  The district has become inactive pursuant to section
2918	189.4044, Florida Statutes.
2919	(29)  INCLUSION OF TERRITORY.--The inclusion of any or all
2920	territory of the district within a municipality does not change,
2921	alter, or affect the boundary, territory, existence, or
2922	jurisdiction of the district.
2923	(30)  SALE OF REAL ESTATE WITHIN A DISTRICT; REQUIRED
2924	DISCLOSURE TO PURCHASER.--Subsequent to the creation of this
2925	district under this act, each contract for the initial sale of a
2926	parcel of real property and each contract for the initial sale
2927	of a residential unit within the district shall include,
2928	immediately prior to the space reserved in the contract for the
2929	signature of the purchaser, the following disclosure statement
2930	in boldfaced and conspicuous type which is larger than the type
2931	in the remaining text of the contract: "THE GROVE COMMUNITY
2932	DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES
2933	AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
2934	PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
2935	CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT
2936	AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
2937	THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
2938	LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
2939	ASSESSMENTS PROVIDED FOR BY LAW."
2940	(31)  NOTICE OF CREATION AND ESTABLISHMENT.--Within 30 days
2941	after the election of the first board members, the district
2942	shall cause to be recorded in the property records in the county
2943	in which it is located a "Notice of Creation and Establishment
2944	of the Grove Community District." The notice shall, at a
2945	minimum, include the legal description of the property of the
2946	landowners who have consented to establishment of this district
2947	and a copy of the disclosure statement specified in subsection
2948	(30).
2949	(32)  PUBLIC ACCESS.--Any system, facility, service, works,
2950	improvement, project, or other infrastructure owned by the
2951	district or funded by federal tax-exempt bonding issued by the
2952	district is public; the district by rule may regulate, and may
2953	impose reasonable charges or fees for, the use thereof but not
2954	to the extent that such regulation or imposition of such charges
2955	or fees constitutes denial of reasonable access.
2956	Section 5.  Incorporation committee.--
2957	(1)  At the next general election following a finding by
2958	the supervisor of elections that 5,000 qualified electors reside
2959	in the district, the supervisor of elections shall conduct an
2960	election in accordance with election laws currently in force at
2961	which the qualified electors voting in the election elect five
2962	persons who are qualified electors of the district to serve on
2963	an incorporation committee created for the purpose of reviewing
2964	the feasibility of incorporating the district as a municipality.
2965	The five candidates receiving the highest number of votes shall
2966	serve as members of the incorporation committee. A member of the
2967	district board may not serve as a member of the incorporation
2968	committee.
2969	(2)  The incorporation committee shall, by September 1 of
2970	the year following its creation, submit a feasibility study and
2971	proposed municipal charter, prepared in accordance with chapter
2972	165, Florida Statutes, to the board and the legislative
2973	delegation of Okeechobee County. The incorporation committee
2974	shall also submit to the board and the legislative delegation of
2975	Okeechobee County a report indicating whether the district
2976	should remain in existence or be dissolved and all services
2977	provided by the district assumed by, and all revenue, property,
2978	assets, and liabilities of the district transferred to and
2979	assumed by, the municipality upon final incorporation.
2980	(3)  The incorporation committee is subject to the public
2981	records requirements in chapter 119, Florida Statutes, and all
2982	meetings of the incorporation committee shall be open to the
2983	public and governed by the provisions of chapter 286, Florida
2984	Statutes.
2985	(4)  The district shall fund expenses of the incorporation
2986	committee, including the costs of preparing the feasibility
2987	study and proposed municipal charter. Members of the
2988	incorporation committee shall serve without compensation but are
2989	entitled to reimbursement for travel and per diem expenses from
2990	the district in accordance with section 112.061, Florida
2991	Statutes. The district shall also reimburse the supervisor of
2992	elections for the cost of conducting the election of the
2993	incorporation committee.
2994	(5)  The incorporation committee shall be dissolved upon
2995	submission of the final feasibility study and proposed municipal
2996	charter to the board and the legislative delegation of
2997	Okeechobee County.
2998	Section 6.  Severability.--If any provision of this act is
2999	determined unconstitutional or otherwise determined invalid by a
3000	court of law, all the rest and remainder of the act shall remain
3001	in full force and effect as the law of Florida.
3002	Section 7.  This act shall take effect upon becoming a law,
3003	except that the provisions of paragraph (a) of subsection (14)
3004	of section 4 which authorize the levy of ad valorem assessments
3005	shall only take effect upon express approval by a majority vote
3006	of those qualified electors of the district, as required by
3007	Section 9 of Article VII of the State Constitution, voting in a
3008	referendum to be called by the Supervisor of Elections of
3009	Okeechobee County and held by the Board of Supervisors of the
3010	Grove Community District. Such election shall be held in
3011	accordance with the provisions of law relating to elections in
3012	force at the time the referendum is held.

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