HB 1517

1	A bill to be entitled
2	An act relating to the North Port Orange Hammock
3	Improvement District, City of North Port, Sarasota County;
4	providing a short title; providing an exception to general
5	law; providing a district charter; creating an independent
6	special district; providing district boundaries; providing
7	for charter amendment; providing powers, functions, and
8	duties; providing for a governing board, elections,
9	qualifications, terms of office, removal from office, and
10	filling of vacancies; providing for election of a chair,
11	vice chair, and secretary-treasurer; providing a quorum;
12	providing requirements for meetings and notice; providing
13	requirements for reports, budgets, and audits; providing
14	for liberal construction; authorizing the levy of non-ad
15	valorem assessments; specifying method of collection and
16	enforcement of non-ad valorem assessments; authorizing
17	property appraiser's and tax collector's fees or
18	commissions; providing for collection and enforcement of
19	fees, costs, and expenses; providing for issuance of
20	revenue bonds, assessment bonds, bond anticipation notes,
21	and general obligation bonds; providing boundaries;
22	providing for the applicability of provisions of chapters
23	189 and 298, Florida Statutes, and other general laws;
24	providing for the board's limited power of eminent domain;
25	providing for severability; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Popular name.--This act may be cited as the
30	"North Port Orange Hammock Improvement District Act."
31	Section 2.  District; creation, jurisdiction, and
32	purpose.--
33	(1)  The North Port Orange Hammock Improvement District,
34	the "district," is created and incorporated as an independent
35	special district pursuant to chapter 189, Florida Statutes, to
36	be known as the "North Port Orange Hammock Improvement
37	District," in the City of North Port, Sarasota County, which
38	independent special district shall be a public body corporate
39	and politic.
40	(2)  The district's territorial boundary shall embrace and
41	include that real property described in section 18.
42	(3)  The district is created for all purposes as shall be
43	liberally construed from and set forth in this act, under
44	sections 189.401-189.429 and chapter 298, Florida Statutes,
45	provided that section 189.4045(2), Florida Statutes, is
46	specifically excluded and not applicable to the district or the
47	City of North Port and may perform such acts as shall be
48	necessary, convenient, incidental, or proper for the provision,
49	acquisition, development, operation, and maintenance of those
50	public infrastructure works and services authorized herein,
51	including all facilities necessary and incidental thereto.
52	(4)  The district charter created by this act may be
53	amended only by special act of the Legislature. Any expansion of
54	the powers or the boundaries of the district within the City of
55	North Port shall require prior approval of the City of North
56	Port Commission or its designee.
57	(5)  The definition of terms and phrases shall be as set
58	forth in chapters 189 and 298, Florida Statutes, unless
59	otherwise herein defined.
60	Section 3.  Limitations of powers.--All governmental
61	planning, environmental, and land development laws, regulations,
62	and ordinances apply to all development of the land within the
63	district. The district does not have the power of a local
64	government to adopt a comprehensive plan, building code, zoning
65	code, or land development code, as those terms are defined in
66	the Local Government Comprehensive Planning and Land Development
67	Regulation Act. The district shall take no action that is
68	inconsistent with applicable comprehensive plans, ordinances, or
69	regulations of the applicable local general-purpose government.
70	Nothing in this act shall create any delegation of any
71	responsibilities or authorities from the City of North Port to
72	the district. Notwithstanding anything to the contrary, the
73	district shall be required to obtain any and all permits for
74	infrastructure planning and construction from the City of North
75	Port that would otherwise be required of a private entity
76	performing the same work. The district shall not have the power
77	to supersede, contravene, or overrule any development or
78	annexation agreements entered into by landowners within or
79	outside of the district or any City of North Port joint planning
80	agreements or interlocal agreements with Sarasota County or any
81	other governmental entities. The district shall be subject to,
82	as appropriate, any development order encompassing the entirety
83	of the district or any part thereof and shall be bound by the
84	terms of such development orders. Additionally, in order to seek
85	the input of the appropriate unit of local government, the
86	district shall consult with, and provide notice to, Charlotte
87	County, Desoto County, Sarasota County, or any appropriate unit
88	of state or local government, regarding any actions that may
89	affect them prior to taking the proposed action.
90	Section 4.  District powers, functions, and duties.--
91	(1)  In addition to any powers, functions, and duties set
92	forth in this act, the district shall have the authority to
93	exercise such powers, functions, and duties as may be set forth
94	in chapter 298, Florida Statutes.
95	(2)  The district is hereby authorized and empowered as
96	follows:
97	(a)  To adopt by resolution bylaws for the regulation of
98	its affairs and the conduct of its business.
99	(b)  To adopt by resolution rules as necessary for
100	implementation, regulation, and enforcement as are consistent
101	with the purposes of the district and this act.
102	(c)  To adopt an official seal reflecting the name and
103	nature of the district.
104	(d)  To acquire by grant, loan, purchase, gift, transfer,
105	exchange, dedication, lease, devise, or, when reasonably
106	necessary for the implementation of district-authorized public
107	infrastructure works, facilities, or services by means of the
108	exercise of the right of eminent domain pursuant to the laws of
109	the state and in accordance with section 13, all property, real
110	or personal, or any easement, license, estate, or interest
111	therein necessary, desirable, or convenient for the purposes of
112	this act, and to sell, convey, transfer, gift, lease, rent,
113	dedicate, forfeit, abandon, exchange, or assign all or any part
114	thereof to or with other entities, including governmental
115	entities and agencies, and to exercise all of its powers and
116	authority with respect thereto. The district shall have the
117	right of eminent domain outside of the boundaries of the
118	district in Charlotte, Desoto, and Sarasota Counties, as limited
119	by section 13, for the purposes of exercising its powers for the
120	provision of services to the district, subject to the approval
121	of the City of North Port Commission or its designee, or if
122	otherwise required by another governmental entity or agency. Any
123	property interests owned by the district which are used for
124	nonpublic or private commercial purposes shall be subject to all
125	ad valorem taxes, intangible personal property taxes, or non-ad
126	valorem assessments, as would be applicable if said property
127	were privately owned.
128	(e)  To finance, plan (consistent with the City of North
129	Port Comprehensive Plan as amended and implementing ordinances,
130	studies, and plans, or those of other appropriate local or state
131	governments), design, acquire, construct, install, operate,
132	equip, upgrade, reclaim, replace, extend, renovate, mitigate,
133	and maintain canals, swales, outfalls, dams, control structures,
134	pumps and pumping systems, aerators, seawalls, berms, ditches,
135	telemetry and monitoring equipment, retention areas, holding
136	basins, marshes, wetlands, uplands, drains, levees, lakes,
137	ponds, and other works or elements for modern comprehensive
138	water management drainage, environmental, mitigation
139	preservation, erosion, quality, and control purposes, and,
140	further, that the district shall agree, at the request of the
141	City of North Port Commission or its designee, subject to a
142	developer's agreement with the City of North Port (neither
143	party's consent to said developer's agreement shall be
144	unreasonably withheld), to donate and turn over operation of all
145	or any portion of said water management system to the City of
146	North Port.
147	(f)  To regulate, modify, control, and redirect the supply
148	and level of water within the district if consistent with City
149	of North Port and Southwest Florida Water Management District
150	rules and regulations, including the diversion of waters from
151	one area, lake, pond, river, stream, basin, or water control
152	facility to another; to control and restrict the development and
153	use of natural or artificial streams or bodies of water, lakes,
154	or ponds; and to take all measures determined by the board to be
155	necessary or desirable to prevent or alleviate land erosion,
156	flooding, or water quality problems or issues, provided all such
157	activity shall be carried out in accordance with applicable
158	federal, state, and local government rules and regulations.
159	(g)  To finance the implementation of appropriate studies,
160	whether by the district or in conjunction with other agencies or
161	entities; to assist in implementing the district's powers,
162	authorities, and purposes as set forth herein; and to facilitate
163	the orderly management of the district and its works and
164	facilities.
165	(h)  To finance, plan (consistent with the City of North
166	Port Comprehensive Plan as amended and implementing ordinances,
167	studies, and plans, or those of other appropriate local or state
168	governments), design, acquire, construct, install, operate,
169	equip, upgrade, replace, extend, renovate, and maintain
170	irrigation works, machinery, plants, and appurtenances.
171	(i)  To finance, plan (consistent with the City of North
172	Port Comprehensive Plan as amended and implementing ordinances,
173	studies, and plans, or those of other appropriate local or state
174	governments), design, acquire, construct, install, operate,
175	equip, upgrade, replace, extend, renovate, and maintain
176	roadways; and to include, either as a component of such roads or
177	independently by themselves, parkways, bridges, landscaping,
178	irrigation, bicycle and jogging paths, street lighting, entry
179	features, traffic signals, road striping, and all other
180	customary elements or appurtenances of a modern road system as
181	fulfillment of a requirement pursuant to any development
182	agreement, development order, or plat or for the exclusive use
183	and benefit of the district, a unit of development, and its
184	landowners, residents, and invitees to control ingress and
185	egress; to finance and maintain said roads and their associated
186	elements and components as part of a plan of improvements; to
187	construct and maintain security structures to control the use of
188	said roads; to make provision for access by fire, police, and
189	emergency vehicles and personnel for the protection of life and
190	property; to include, in the annual assessment of non-ad valorem
191	assessments as authorized, sufficient funds to finance and
192	maintain said roads as a part of a plan of improvements; and to
193	adopt, by resolution of the board, rules and regulations for the
194	control of traffic, noise levels, crime, and the use of the
195	roads by those authorized. Provided that in the event the
196	district should construct all or any portion of a major
197	thoroughfare or transportation route as identified in section
198	163.3177(6)(b), Florida Statutes, the district will not be
199	permitted to limit said thoroughfare or transportation route for
200	the exclusive use and benefit of the district, a unit of
201	development, or its residents without the written consent of the
202	applicable local general government. Notwithstanding anything to
203	the contrary herein, construction of roads by the district shall
204	not be in conflict with City of North Port rules, master plans,
205	plans, specifications, or regulations, or those of other
206	appropriate units of state or local government. The district
207	shall agree, at the request of the City of North Port Commission
208	or its designee, subject to applicable impact fee ordinances and
209	a developer's agreement with the City of North Port, neither
210	party's consent to said developer's agreement shall be
211	unreasonably withheld, to donate and turn over operation of all
212	or any portion of any public roadway system to the City of North
213	Port or appropriate units of state or local government.
214	(j)  To finance, plan (consistent with the City of North
215	Port Comprehensive Plan as amended and implementing ordinances,
216	studies, and plans, or those of other appropriate local or state
217	governments), design, acquire, construct, install, operate,
218	equip, upgrade, replace, extend, renovate, and maintain entry
219	features, garages, parking facilities, district offices,
220	buildings, facilities, and structures.
221	(k)  To finance, plan (consistent with the City of North
222	Port Comprehensive Plan as amended and implementing ordinances,
223	studies, and plans, or those of other appropriate local or state
224	governments), design, acquire, construct, install, operate,
225	equip, upgrade, replace, extend, renovate, reclaim, mitigate,
226	protect, and remove exotics and maintain improvements, works,
227	landscaping, systems, structures, buildings, and facilities for
228	community or public preserves, uplands, wetlands, playgrounds,
229	parks, gymnasiums, stadiums, ball fields, greenways, waterways,
230	and facilities for indoor and outdoor recreational, sport,
231	cultural, and educational uses.
232	(l)  To finance, plan (consistent with the City of North
233	Port Comprehensive Plan as amended and implementing ordinances,
234	studies, and plans, or those of other appropriate local or state
235	governments), design, acquire, construct, install, operate, set,
236	and charge by resolution access, user, or connection fees and
237	charges, equip, upgrade, replace, store, extend, renovate, and
238	maintain water plants and systems, plus appurtenances, to
239	produce, desalinate, purify, sell, and distribute water for
240	consumption, irrigation, or other purposes. The exercise of such
241	construction, operation, fee establishment, and production
242	powers by the district shall require the prior approval of the
243	City of North Port Commission or its designee, and the district
244	shall agree, at the request of the City of North Port Commission
245	or its designee, subject to a utility developer's agreement with
246	the City of North Port (neither party's consent to said
247	developer's agreement shall be unreasonably withheld), to donate
248	and turn over operation of all or any portion of said water
249	system to the City of North Port.
250	(m)  To finance, plan (consistent with the City of North
251	Port Comprehensive Plan as amended and implementing ordinances,
252	studies, and plans, or those of other appropriate local or state
253	governments), design, acquire, construct, install, operate, set,
254	and charge by resolution access, user, or connection fees and
255	charges, equip, upgrade, replace, extend, renovate, and maintain
256	sewer systems, plus appurtenances, for the collection, disposal,
257	and reuse of effluent, waste, residue, or other byproducts of
258	such system; prevent pollution; and improve water quality. The
259	exercise of such construction, operation, and fee establishment
260	powers by the district shall require the prior approval of the
261	City of North Port Commission or its designee, and the district
262	shall agree, at the request of the City of North Port Commission
263	or its designee and subject to a utility developer's agreement
264	with the City of North Port (neither party's consent to said
265	developer's agreement shall be unreasonably withheld), to donate
266	and turn over operation of all or any portion of said wastewater
267	system to the City of North Port.
268	(n)  To finance, plan (if not inconsistent with other
269	responsible agencies or authorities, or those of other
270	appropriate local or state governments), design, acquire,
271	construct, install, operate, equip, upgrade, replace, extend,
272	renovate, and maintain improvements and facilities for and take
273	measures to control mosquitoes or other insects and arthropods
274	of public health importance.
275	(o)  To finance, plan (consistent with the City of North
276	Port Comprehensive Plan as amended and implementing ordinances,
277	studies, and plans, or those of other appropriate local or state
278	governments), design, acquire, construct, install, operate,
279	equip, upgrade, replace, extend, renovate, and maintain lands,
280	works, systems, landscaping, and facilities for preservation
281	areas, conservation areas, environmental areas, mitigation
282	areas, and wildlife habitat or sanctuaries, including the
283	maintenance of any plant or animal species, and any related
284	interest in real or personal property. The district shall allow
285	the City of North Port access to all such improvements and shall
286	allow access by the public when appropriate.
287	(p)  To finance, plan (consistent with the City of North
288	Port Comprehensive Plan as amended and implementing ordinances,
289	studies, and plans, or those of other appropriate local or state
290	governments), design, acquire, construct, install, equip,
291	upgrade, replace, extend, renovate, and maintain additional
292	systems and facilities for school buildings and related
293	structures that may be donated to a public school district,
294	subject to a developer's agreement (neither party's consent to
295	said developer's agreement shall be unreasonably withheld), for
296	use in the educational system; provided that donation of any
297	land and the exercise of such construction powers by the
298	district shall require the prior approval of the School Board of
299	Sarasota County and the City of North Port Commission or its
300	designee.
301	(q)  To levy non-ad valorem assessments; to prescribe, fix,
302	establish, and collect rates, fees, rentals, fares, or other
303	charges, and revise the same from time to time, for property,
304	facilities, and services made available, furnished, or to be
305	furnished by the district; and to recover the cost of making or
306	authorizing the connection to any district facility or system or
307	installing works or improvements on or within district property
308	interests. However, no rates, fares, charges, or fees shall be
309	established until after a public hearing of the board at the
310	district at which all affected persons shall be given an
311	opportunity to be heard.
312	(r)  To provide for the discontinuance of service and
313	reasonable penalties, including reasonable attorney's fees,
314	against any user or property for any such rates, fees, rentals,
315	fares, or other charges that become delinquent and require
316	collection.
317	(s)  To enter into agreements with any person, firm,
318	entity, partnership, or corporation, whether public, private, or
319	governmental, for the furnishing by such person, firm, entity,
320	partnership, or corporation of any facilities and services of
321	the type provided for, authorized, or necessarily implied as
322	being authorized in this act.
323	(t)  To borrow money and issue negotiable or other bonds of
324	said district as hereinafter provided; to borrow money, from
325	time to time, and issue negotiable or other notes of said
326	district therefore, bearing interest at not exceeding the
327	maximum interest allowable by law, in anticipation of the
328	collection of levies, fees, penalties, charges, fares, and
329	assessments or revenues of said district; and to pledge or
330	hypothecate such non-ad valorem assessments, levies,
331	assessments, and revenues to secure such bonds, notes, or
332	obligations, and sell, discount, negotiate, and dispose of the
333	same.
334	(u)  To provide for safety enhancements, including, but not
335	limited to, security, guardhouses, fences, gates, and electronic
336	intrusion detection systems. The district shall not be
337	authorized or empowered to exercise any police power but may
338	contract with the appropriate local general-purpose government
339	agencies for an increased level of such service. Notwithstanding
340	anything to the contrary, nothing herein shall allow the
341	district to limit the level of law enforcement provided by
342	federal, state, or local governmental agencies.
343	(v)  To provide, at the request of local general-purpose
344	governments consistent with the plans of the local general-
345	purpose government, systems and facilities for fire prevention
346	and control and emergency medical services, including the
347	construction of a hospital and police stations, and construction
348	or purchase of fire stations, water mains and fire hydrants,
349	fire trucks, and other vehicles and equipment consistent with
350	any adopted local general-purpose government ordinances, rules,
351	or regulations. The district shall agree, at the request of the
352	local general-purpose government, subject to a developer's
353	agreement with the City of North Port (neither party's consent
354	to said developer's agreement shall be unreasonably withheld),
355	to donate and turn over operation of all or any portion of said
356	equipment and facilities to the local general-purpose
357	government.
358	(w)  To submit for and obtain permits, make and enter into
359	contracts and agreements as are necessary or incidental to the
360	performance of the duties imposed and the execution of the
361	powers granted under this act, and employ such consulting and
362	other engineers, superintendents, managers, administrators,
363	construction and financial experts, attorneys, and such
364	employees and agents as may, in the judgment of the district, be
365	necessary, and fix their compensation.
366	(x)  To require any individual or entity desiring to
367	construct any structure in, over, under, upon, or occupying
368	district property or right-of-way or connecting to or utilizing
369	the works of the district to first obtain written authorization
370	from the district and comply with all City of North Port and
371	district plans, rules, regulations, policies, and
372	specifications, provided that said written authorization shall
373	be issued upon compliance with such applicable City of North
374	Port and district plans, rules, regulations, policies, and
375	specifications. The board of supervisors shall be permitted the
376	discretion to deny or revoke any written authorization or
377	application for same if it is found that the matter for which
378	the authorization is sought or granted does not comply with the
379	City of North Port and district plans, rules, regulations, or
380	policies. All fees and costs, including construction, review,
381	inspection, copying, engineering, legal, and administrative
382	expenses of the district, shall be paid by the applicant seeking
383	the authorization. Any such district's written authorization
384	shall not be deemed or construed as being an alternative to or
385	in place of the applicant's obligation to also obtain all other
386	governmental building and construction permits and approvals.
387	Any conflict between City of North Port and district plans,
388	rules, regulations, policies, and specifications shall be
389	resolved in favor of the City of North Port.
390	(y)  To include in a plan of improvements, the engineer's
391	report, or the authorizing and implementing documents under
392	chapter 170, Florida Statutes, which shall include, but are not
393	limited to, all applicable resolutions, assessment maps, and
394	assessment rolls ("chapter 170 authorizing documents"), all or
395	one or more of the various powers and functions, including
396	individual parts or components thereof, of the district or any
397	combination of same, and to construct and finance said
398	individual or a combination of such powers and functions,
399	including individual parts or components thereof. It is the
400	intent of this section that a plan of improvements, the
401	engineer's report, or chapter 170 authorizing documents may
402	provide for a single benefit to the land authorized by the laws
403	pertaining to the district or one or more of all of said
404	benefits or a combination thereof as long as there are benefits
405	accruing to the land.
406	(z)  To provide in a plan of improvements, the engineer's
407	report, or chapter 170 authorizing documents that in assessing
408	the benefits and damages to be incurred by lands of the district
409	from the implementation, provision, or construction of a plan of
410	improvements or improvements or services, pursuant to chapter
411	170 authorizing documents, the varying types of existing or
412	proposed land uses of the land within the unit or affected by
413	such construction or implementation, as the case may be, may be
414	considered and be entitled to so assess the benefits and
415	damages. The district may levy non-ad valorem assessments based
416	upon the benefits assessed in such manner, taking into account
417	the varying existing or proposed land uses of the land affected
418	by such construction as shall provide for the equitable
419	apportionment of such assessments. Such assessments may be
420	levied on the basis of lots, units, acreage, parcels, equivalent
421	connection, or uses or as otherwise set forth in the engineer's
422	report or in the chapter 170 authorizing documents.
423	(aa)  To establish and create such departments, committees,
424	boards, or other agencies, including a public relations
425	committee, as from time to time the board of supervisors may
426	deem necessary or desirable in the performance of the acts or
427	other things necessary to the exercise of the powers provided in
428	this act, and to delegate to such departments, committees,
429	boards, or other agencies such administrative duties and other
430	powers as the board of supervisors may deem necessary and to
431	exercise all other powers necessary, convenient, or proper in
432	connection with any of the powers or duties of said district
433	stated in this act by and through the board of supervisors.
434	Notwithstanding anything contained herein, no such departments,
435	committees, boards, or other agencies shall have the power or
436	authority to supersede any powers or authorities of the City of
437	North Port.
438	(bb)  Notwithstanding any authority contained within this
439	section, the development, operation, or maintenance of any
440	district facilities or services shall comply with the adopted
441	comprehensive plan, unified land development code, zoning code,
442	and any other city codes of the City of North Port.
443	(cc)  To establish, or otherwise make available, a plan for
444	retirement, disability, dental, death, hospitalization, and
445	other appropriate benefits for employees of the district.
446	(dd)  To invest surplus funds of the district consistent
447	with the Investment of Local Government Surplus Funds Act, part
448	IV, chapter 218, Florida Statutes.
449	(ee)  To submit to the City of North Port the plan of
450	improvement for major government infrastructure capital elements
451	that may eventually be dedicated or donated to the City of North
452	Port so that the city can rely on and incorporate said plan of
453	improvement into the city's capital improvement plan.
454	(ff)  To apply for, obtain, and utilize any grants from
455	other entities consistent with the powers of the district;
456	provided, however, that the district shall coordinate with and
457	obtain timely authorization from the City of North Port
458	Commission or its designee prior to the submittal of any grant
459	application.
460	(gg)  Following methodology consistent with the county's
461	concurrency management regulations and notwithstanding any
462	authority contained within this section, the district shall not
463	construct any improvements within the district pursuant to any
464	development order where that development would cause the level
465	of service on any concurrency regulated facility in Sarasota
466	County to drop below the level of service adopted as of the
467	effective date of this act, or subsequently reduced level of
468	service, in the Sarasota County Comprehensive Plan pursuant to
469	chapter 163, Florida Statutes, without paying its fair share
470	contribution to improving that facility. Sarasota County shall
471	have the right under section 163.3215, Florida Statutes, to
472	contest any such development order on the basis that it fails to
473	require the district to pay its fair share contribution. The
474	fair share contribution shall include both the contribution to
475	the county from the fair share collected by the City of North
476	Port pursuant to the county's impact fee ordinance and
477	interlocal agreements between Sarasota County and the City of
478	North Port, as well as direct contributions made to the county
479	by the district. Nothing contained herein shall be construed as
480	limiting the obligations of the district or property owners
481	therein as set forth in Florida Statutes and applicable rules or
482	to limit the development of infrastructure, roads, or public
483	improvements.
484	(hh)  To collect fair share contributions from Sarasota
485	County should Sarasota County approve any development order in
486	Sarasota County that creates impacts to concurrency regulated
487	facilities within the district, which would cause the level of
488	service on any concurrency regulated facility in the district to
489	drop below the level of service adopted by the City of North
490	Port for such facility as of the effective date of this act, or
491	subsequently reduced level of service.
492	(3)  To include in a plan of improvements the engineer's
493	report, chapter 170 authorizing documents, or otherwise provide
494	for the exercise of the district's powers, services, facilities,
495	and improvements beyond the territorial boundaries of the
496	district, when necessary and appropriate to provide a benefit on
497	behalf of lands located within the district and pursuant to an
498	approved plan of improvements or chapter 170 authorizing
499	documents. Any such construction must be in accordance with the
500	city's master plans and requirements. Any such construction
501	within Sarasota County must be in accordance with the county's
502	comprehensive plan, master plans, and thoroughfare plan. The
503	North Port Orange Hammock Improvement District shall cooperate
504	and coordinate its activities with the units of general-purpose
505	local government in which it is located, including the City of
506	North Port and Sarasota County. The district is authorized to
507	enter into interlocal agreements with the City of North Port,
508	Sarasota County, or any other units of government. Whenever the
509	district intends to utilize its powers to construct or cause to
510	be constructed infrastructure projects or programs within the
511	district or, as necessary and permitted outside the district
512	boundaries, the district shall provide copies of all plans and
513	infrastructure permit applications to the appropriate county
514	planning director or development services business center at
515	such time as the district submits such plans or permit
516	applications to the City of North Port or other permitting
517	authority, but, in any event, no less than 30 days before the
518	City of North Port or other permitting authority issues permits
519	for those projects. The district shall allow the county 20 days
520	after submission to the county to comment on those plans and
521	permit applications, but, as to construction or improvements
522	that are not within Sarasota County, the county's approval is
523	not required for the district to proceed with the project.
524	Sarasota County shall not unduly interfere with the district's
525	exercise of its powers conferred by this act.
526	Section 5.  Board of supervisors; election, organization,
527	powers, duties, and terms of office.--
528	(1)  There is hereby created the board of supervisors of
529	the North Port Orange Hammock Improvement District, which shall
530	be the governing body of said district.
531	(2)  Said board of supervisors shall consist of five
532	persons who, except as herein otherwise provided, shall hold
533	office for terms of 4 years each and until their successors
534	shall be duly elected and qualified.
535	(3)  The first board of supervisors shall be composed of
536	five persons, two of whom shall hold office for 4 years each,
537	one of whom shall hold office for 3 years, one of whom shall
538	hold office for 2 years, and one of whom shall hold office for 1
539	year, which terms shall terminate in June of their applicable
540	final year. Within 120 days after this act becomes a law, a
541	special meeting of landowners of the North Port Orange Hammock
542	Improvement District shall be held for the purpose of electing
543	the first board of supervisors as herein provided. Notice of
544	such special meeting of landowners shall be given by causing
545	publication thereof to be made once a week for 2 consecutive
546	weeks prior to such meeting in the newspaper of general paid
547	circulation that the City of North Port publishes notices of
548	city meetings, and, prior to the meeting, provision of 2 weeks'
549	advance written notice to the City of North Port Manager,
550	including the agenda and any backup material. Such special
551	meeting of landowners shall be held in a public place in the
552	City of North Port, and the place, date, and hour of holding
553	such meeting and the purpose thereof shall be stated in the
554	notice. The landowners, when assembled, shall organize by
555	electing a chair who shall preside at the meeting and a vice
556	chair, secretary, and treasurer. At such meeting, each and every
557	acre, or any fraction thereof, of land in the district shall
558	represent one vote, and each owner shall be entitled to one vote
559	in person or by written proxy for every acre of land, or any
560	fraction thereof, owned by such owner in the district.
561	Candidates must be citizens of the United States and shall be
562	nominated prior to commencement of the initial election. The
563	landowners shall first vote for the two supervisors who are to
564	hold office for the two seats for initial terms of 4 years as
565	herein provided, and the persons receiving the highest and next
566	highest number of votes for such supervisor offices shall be
567	declared and elected as the supervisors for said two seats. The
568	landowners shall next vote for the supervisor who is to hold
569	office for that seat for a term of 3 years as provided herein,
570	and the person receiving the highest number of votes for such
571	supervisor shall be declared and elected as such supervisor for
572	said seat. Said landowners shall continue to so vote for each
573	remaining seat until the supervisor who is to hold office for
574	the term of 1 year as herein provided is elected for said seat.
575	The landowners present or voting by proxy at the meeting shall
576	constitute a quorum.
577	(4)  Each year during the month of June, beginning with
578	June of the second year following the first election, a
579	supervisor shall be elected, as hereinafter provided, by the
580	landowners of said district to take the place of the retiring
581	supervisor. All vacancies or expirations on said board shall be
582	filled as provided by this act. All supervisors of the district
583	shall be citizens of the United States. In order to be eligible
584	for election following the initial election of supervisors, a
585	candidate for an office of supervisor shall be required to file
586	a written notice of intention to be a candidate in said office
587	of the district at least 30 calendar days but not earlier than
588	90 calendar days before, but not including, the day of the
589	annual meeting of the landowners. In case of a vacancy in the
590	office of any supervisor, the remaining supervisors within 90
591	calendar days of the vacancy shall fill such vacancy until the
592	expiration of that seat's outstanding term when a successor
593	shall be elected by the landowners.
594	(5)  As soon as practicable after their election and the
595	taking of oaths of office, the board of supervisors shall
596	organize by choosing a chair and vice chair of the board of
597	supervisors and by electing some suitable persons, who may or
598	may not be members of the board, secretary and treasurer. The
599	board of supervisors shall adopt a seal that shall be the seal
600	of the district.
601	(6)  Each supervisor shall hold office until his or her
602	successor shall be elected and qualified. Whenever any election
603	shall be authorized or required by this act to be held by the
604	landowners at any particular or stated time or day, and if for
605	any reason such election shall not or cannot be held at such
606	time or on such day, then, in such event and in all and every
607	such event, the power or duty to hold such election shall not
608	cease or lapse, but such election shall be held thereafter as
609	soon as practicable and consistent with this act.
610	(7)  The supervisors shall not receive any compensation for
611	their services.
612	Section 6.  Meetings of landowners.--
613	(1)  Each year during the month of June, a meeting of the
614	landowners of the district shall be held, when necessary, for
615	the purpose of electing a supervisor and hearing reports of the
616	board of supervisors and considering any matters upon which the
617	board of supervisors may request the advice and views of the
618	landowners. The board of supervisors shall have the power to
619	call special meetings of the landowners at any time to consider
620	and act upon any matter upon which the board of supervisors may
621	request action, direction, or advice. Notice of all meetings of
622	the landowners shall be given by the board of supervisors by
623	causing publication thereof to be made for 2 consecutive weeks
624	prior to such meeting in the newspaper of general paid
625	circulation that the City of North Port publishes notices of
626	city meetings, and, prior to the meeting, provision of 2 weeks'
627	advance written notice to the City of North Port Manager,
628	including the agenda and any backup material. The meetings of
629	the landowners shall be held in a public place in the City of
630	North Port, and the place, day, and hour of holding such
631	meetings shall be stated in the notice. The landowners, when
632	assembled, shall organize by electing a chair who shall preside
633	at the meeting. The secretary of the board of supervisors shall
634	be the secretary of such meeting. At all such meetings, each and
635	every acre, or any fraction thereof, of land in the district
636	shall represent one vote, and each owner shall be entitled to
637	one vote in person or by written proxy for every acre, or any
638	fraction thereof, of land owned by such owner in the district.
639	The person receiving the highest number of votes for a
640	supervisor position shall be declared and elected as such
641	supervisor. Those landowners present or voting by proxy at the
642	meeting, including the initial meeting, shall constitute a
643	quorum at any meeting of the landowners.
644	(2)  Guardians may represent their wards, and personal
645	representatives may represent the estates of deceased persons.
646	Trustees may represent lands held by them in trust, and private
647	and municipal corporations may be represented by their officers
648	or duly authorized agents. Guardians, personal representatives,
649	trustees, and corporations may vote by proxy.
650	Section 7.  Installment assessments; levied and
651	apportioned; collection.--
652	(1)  The board of supervisors shall determine, order, and
653	levy the amount of the annual installments of the non-ad valorem
654	assessments levied under section 298.305, Florida Statutes,
655	which shall become due and collected during each year at the
656	same time that county taxes are due and collected, which levy
657	shall be evidenced to and certified by the board to the Tax
658	Collector of Sarasota County, pursuant to sections 197.3631,
659	197.3632, and 197.3635, Florida Statutes. Said non-ad valorem
660	assessments shall be extended by the county tax collector on the
661	tax roll and shall be collected by the tax collector and the net
662	proceeds thereof paid to said district. Said non-ad valorem
663	assessments shall be a lien until paid on the property against
664	which it is assessed and enforceable in like manner as county
665	taxes.
666	(2)  As an alternative, in addition to, or in combination
667	with the above levy and assessment procedure for non-ad valorem
668	assessments, the district shall have, and the board of
669	supervisors may exercise, the power to determine, order, levy,
670	impose, collect, and enforce special assessments pursuant to
671	chapter 170, Florida Statutes. Such special assessments may, at
672	the discretion of the district, be collected and enforced
673	pursuant to the provisions of sections 197.3631, 197.3632, and
674	197.3635, Florida Statutes, chapter 170, Florida Statutes, or as
675	otherwise determined by the board.
676	Section 8.  Maintenance assessment.--
677	(1)  In lieu of any maintenance assessment provision of
678	chapter 298, Florida Statutes, when, in order to operate,
679	maintain, and preserve the improvements made, constructed,
680	installed, acquired, or received pursuant to this act and to
681	repair, upgrade, replace, extend, and restore the same, when
682	needed, and for the purpose of defraying the expenses, including
683	administration, of the district, the board of supervisors may
684	levy annually an assessment on specified property in the
685	district, to be known as a "maintenance assessment." Said
686	maintenance assessment shall be evidenced to and certified by
687	the board to the Tax Collector of Sarasota County in the same
688	fashion and manner as other district non-ad valorem assessments
689	and shall be collected by the tax collector in the same manner
690	and time as county taxes and the proceeds therefrom paid to said
691	district. Said assessments shall be a lien until paid on the
692	property against which assessed and enforceable in like manner
693	as county taxes.
694	(2)  Provisions may be made for the financing, acquisition,
695	replacement, and maintenance of capital improvements necessary
696	for the operation of the district as a part of the maintenance
697	assessment.
698	Section 9.  Compensation of property appraiser and tax
699	collector.--The property appraiser and tax collector shall be
700	entitled to compensation for services performed in connection
701	with assessments of said district as provided by general law.
702	Section 10.  Acreage assessment for payment of initial
703	formation and organization expenses.--There is hereby authorized
704	by the Legislature upon each and every acre of land within the
705	territorial boundary of the district, the authority through its
706	said board of supervisors, and for the purpose of paying
707	expenses incurred or to be incurred in organizing the district,
708	the authority to levy such non-ad valorem assessments as may be
709	determined by said board of supervisors, before said board of
710	supervisors shall otherwise be able to obtain funds under the
711	provisions of this act or the general laws of the state. Such
712	organizing assessments shall become due and payable as
713	determined by the board of supervisors and shall become
714	delinquent 90 days thereafter. Said assessment shall be a lien
715	upon the lands in said district from the date of the enactment
716	of this act and may be collected in the same manner as the
717	annual installment of non-ad valorem assessments or as otherwise
718	determined by the board of supervisors. If it shall appear to
719	the board of supervisors to be necessary to obtain funds to pay
720	any expenses incurred or to be incurred in organizing said
721	district, preparing a plan of improvements or chapter 170
722	authorizing documents, or other expenses of the conduct and
723	operation of the district before a sufficient sum can be
724	obtained by the collection of the organization assessment
725	authorized by this section, said board of supervisors may also
726	borrow a sufficient sum of money for any of said purposes at a
727	statutory lawful rate of the interest and may issue negotiable
728	notes or bonds therefor and may pledge any and all assessments
729	of the formation assessment that may be levied under the
730	provisions of this section for the repayment thereof.
731	Section 11.  Bonds may be issued, sale and disposition of
732	proceeds; interest; levy to pay bonds; bonds and duties of
733	treasurer.--
734	(1)  The provisions of this section shall constitute full
735	and complete authority for the issuance of bonds by the
736	district.
737	(2)  Provided that any and all loans or bonds of the
738	district are nonrecourse as to the City of North Port, the board
739	of supervisors may issue bonds not to exceed the lesser of $500
740	million in principal at any time or 90 percent of the total
741	amount of the non-ad valorem assessments levied under the
742	provisions of section 298.305, Florida Statutes, or equal to the
743	total amount levied under chapter 170, Florida Statutes, bearing
744	interest from date at a rate not to exceed the statutory lawful
745	maximum per annum, payable annually or semiannually, to mature
746	at annual intervals within 40 years commencing after a period of
747	not later than 10 years, to be determined by the board of
748	supervisors, with both principal and interest payable at some
749	convenient place designated by the board of supervisors to be
750	named in said bonds, which bonds shall be signed by the chair of
751	the board of supervisors, and attested with the seal of the
752	district and by the signature of the secretary of the board. All
753	of said bonds shall be executed and delivered to the district or
754	its agent, which shall sell the same in such quantities and at
755	such dates as the board of supervisors may deem necessary to
756	meet the payments for the works, services, and improvements in
757	and of the district. A sufficient amount of the non-ad valorem
758	assessment shall be appropriated by the board of supervisors for
759	the purpose of paying the principal, premium, if any, and
760	interest of said bonds, and the same shall, when collected, be
761	preserved in a separate fund for that purpose and no other. All
762	bonds not paid at maturity shall bear interest at a rate not to
763	exceed the statutory lawful maximum per annum from maturity
764	until paid, or until sufficient funds have been deposited at the
765	place of payment, and said interest shall be appropriated by the
766	board of supervisors out of the penalties and interest collected
767	on delinquent assessments or other available funds of the
768	district. Provided, however, that it may, at the discretion of
769	said board, be provided that at any time after such date as
770	shall be fixed by the said board, said bonds may be redeemed
771	before maturity at the option of said board, or their successors
772	in office, by being made callable prior to maturity at such
773	times and upon such prices and terms and other conditions as
774	said board shall determine. If any bond so issued subject to
775	redemption before maturity shall not be presented when called
776	for redemption, it shall cease to bear interest from and after
777	the date so fixed for redemption.
778	(3)  The board of supervisors shall have authority to issue
779	refunding bonds to take up any outstanding bonds and any
780	interest accrued thereon when, in the judgment of said board, it
781	shall be for the best interest of said district so to do. The
782	said board is hereby authorized and empowered to issue refunding
783	bonds to take up and refund all bonds of said district
784	outstanding that are subject to call and prior redemption, all
785	interest accrued to the date of such call or prior redemption,
786	and all bonds of said district that are not subject to call or
787	redemption, together with all accrued interest thereon, where
788	the surrender of said bonds can be procured from the holders
789	thereof at prices satisfactory to the board or can be exchanged
790	for such outstanding bonds with the consent of the holder
791	thereof. Such refunding bonds may mature at any time or times at
792	the discretion of said board, not later, however, than 40 years
793	from the date of issuance of said refunding bonds. Said
794	refunding bonds shall bear such date of issue and such other
795	details as the board shall determine, and may, at the discretion
796	of said board, be made callable prior to maturity at such times
797	and upon such prices and terms and other conditions as said
798	board shall determine. All the other applicable provisions of
799	this act not inconsistent therewith shall apply fully to said
800	refunding bonds, and the holders thereof shall have all the
801	rights, remedies, and security of the outstanding bonds
802	refunded, except as may be provided otherwise in the resolution
803	of the board authorizing the issuance of such refunding bonds.
804	Any funds available in the sinking fund for the payment of the
805	principal, premium, if any, and interest of outstanding bonds
806	may be retained in the fund to be used for the payment of the
807	principal, premium, if any, and interest of the refunding bonds
808	at the discretion of the board of supervisors. Any expenses
809	incurred in buying any or all bonds authorized under the
810	provisions of this section, and the interest thereon and a
811	reasonable compensation for paying same, shall be paid out of
812	the funds in the hands of the district and collected for the
813	purpose of meeting the expenses of administration. It shall be
814	the duty of the said board of supervisors in making the annual
815	non-ad valorem assessment levy as heretofore provided to take
816	into account the maturing bonds and interest on all bonds and
817	expenses and to make provisions in advance for the payment of
818	same.
819	(4)  In addition to the other powers provided the district,
820	and not in limitation thereof, the district shall have the
821	power, at any time, and from time to time after the issuance of
822	any bonds of the district shall have been authorized, to borrow
823	money for the purposes for which such bonds are to be issued in
824	anticipation of the receipt of the proceeds of the sale of such
825	bonds and to issue bond anticipation notes in a principal sum
826	not in excess of the authorized maximum amount of such bond
827	issue.
828	(5)  The district shall have the power to issue revenue
829	bonds from time to time without limitation as to amount for the
830	purpose of financing its systems and facilities. Such revenue
831	bonds may be secured by, or payable from, the gross or net
832	pledge of the revenues to be derived from any project or
833	combination of projects; from the rates, fees, or other charges
834	to be collected from the users of any project or projects; from
835	any revenue-producing undertaking or activity of the district;
836	from special assessments; or from any other source or pledged
837	security. Such bonds shall not constitute an indebtedness of the
838	district, and the approval of qualified electors shall not be
839	required unless such bonds are additionally secured by the full
840	faith and credit and assessing power of the district.
841	(6)  Prior to the issuance of bonds under the provisions of
842	this act, the board of supervisors may from time to time issue
843	warrants or negotiable notes or other evidences of debt of the
844	district, all of which shall be termed "floating indebtedness"
845	in order to distinguish the same from the bonded debt provided
846	for. The notes or other evidences of indebtedness shall be
847	payable at such times and shall bear interest at a rate not
848	exceeding the lawful statutory maximum per annum and may be sold
849	or discounted at such price or on such terms as the board may
850	deem advisable. The board shall have the right, in order to
851	provide for the payment thereof, to pledge the whole or any part
852	of the assessments or revenues provided for in this act, whether
853	the same shall be theretofore or thereafter levied, and said
854	board shall have the right to provide that the floating debt
855	shall be payable from the proceeds arising from the sale of
856	bonds or from the proceeds of any such assessment, or both.
857	After the issuance of any bonds of the district under the
858	provisions of this act, the power to create such floating debt
859	and pledge the assessments or revenue therefor shall continue.
860	(7)(a)  Pursuant to this act, the district shall have the
861	power from time to time to issue general obligation bonds to
862	finance or refinance capital projects or to refund outstanding
863	bonds in an aggregate principal amount of bonds outstanding at
864	any one time not in excess of 35 percent of the assessed value
865	of the taxable property within the district as shown on the
866	pertinent property appraiser valuation records at the time of
867	the authorization of the general obligation bonds for which the
868	full faith and credit of the district is pledged. Except for
869	refunding bonds, no general obligation bonds shall be issued
870	unless the bonds are issued to finance or refinance a capital
871	project, and the issuance has been approved at an election held
872	in accordance with the requirements for such election as
873	prescribed by the State Constitution. Such elections shall be
874	called to be held in the district, with the expenses of calling
875	and holding an election to be at the expense of the district.
876	(b)  The district may pledge its full faith and credit for
877	the payment of the principal and interest on such general
878	obligation bonds and for any reserve funds provided therefor and
879	may unconditionally and irrevocably pledge its assessments or
880	revenues on all taxable property within the district, to the
881	extent necessary for the payment thereof, without limitations as
882	to greater amount.
883	(c)  If the board determines to issue general obligation
884	bonds for more than one capital project, the approval of the
885	issuance of the bonds for each and all such projects may be
886	submitted to the electorate on one and the same ballot. The
887	failure of the electors to approve the issuance of bonds for any
888	one or more of the capital projects shall not defeat the
889	approval of bonds for any capital project that has been approved
890	by the electors.
891	(d)  In arriving at the amount of general obligation bonds
892	permitted to be outstanding at any one time pursuant to
893	paragraph (a), there shall not be included any general
894	obligation bonds that are additionally secured by the pledge of:
895	1.  Special assessments levied in the amount sufficient to
896	pay the principal and interest on a general obligation bond so
897	additionally secured, which assessments have been equalized and
898	confirmed by resolution or ordinance of the board pursuant to
899	section 170.08, Florida Statutes.
900	2.  Water revenues, sewer revenues, or water and sewer
901	revenues of the district to be derived from user fees that have
902	been approved by the City of North Port Commission or its
903	designee and in an amount sufficient to pay the principal and
904	interest on the general obligation bond so additionally secured.
905	3.  Any combination of assessments and revenues described
906	in subparagraphs 1 and 2.
907	(8)  In case the proceeds of the original assessment and
908	levy made under the provisions of section 298.305, Florida
909	Statutes, or chapter 170, Florida Statutes, is not sufficient to
910	pay the principal, premium, if any, and interest of all bonds
911	issued, then the board of supervisors shall make such additional
912	levy or levies upon the benefits assessed as are necessary for
913	this purpose, and under no circumstances shall any levies be
914	made that will in any manner or to any extent impair the
915	security of said bonds or the fund available for the payment of
916	the principal and interest of the same.
917	(9)  After the several bonds are paid and retired as herein
918	provided, they shall be returned and canceled and an appropriate
919	record thereof made in a book to be kept for that purpose, which
920	record of paid and canceled bonds shall be kept at the office of
921	the treasurer and shall be open for inspection by any bondholder
922	at any time.
923	(10)  Any issue of bonds may be secured by a trust
924	agreement by and between the district and a corporate trustee or
925	trustees, which may be any trust company or bank having the
926	powers of a trust company within or without the state. The
927	resolution authorizing the issuance of the bonds or such trust
928	agreement may pledge the revenues to be received from any
929	projects of the district and may contain such provisions for
930	protecting and enforcing the rights and remedies of the
931	bondholders as the board may approve, including, without
932	limitation, covenants setting forth the duties of the district
933	in relation to the acquisition, construction, reconstruction,
934	improvement, maintenance, repair, operation, and insurance of
935	any projects; the fixing and revising of the rates, fees, and
936	charges; and the custody, safeguarding, and application of all
937	moneys and for the employment of consulting engineers in
938	connection with such acquisition, construction, reconstruction,
939	improvement, maintenance, repair, or operation.
940	(11)  Bonds of each issue shall be dated; shall bear
941	interest at such rate or rates, including variable rates, which
942	interest may be tax exempt or taxable for federal income tax
943	purposes; shall mature at such time or times from their date or
944	dates; and may be made redeemable before maturity at such price
945	or prices and under such terms and conditions as may be
946	determined by the board.
947	(12)  No bonds issued by the district shall be required to
948	be validated under chapter 75, Florida Statutes, or other
949	provision of law.
950	Section 12.  Unit development; powers of supervisors to
951	designate units of development and adopt systems of progressive
952	development by units; plan of improvements and financing
953	assessments for each unit.--
954	(1)  Upon written petition signed by the owners of 51
955	percent of the acreage in any area, the board of supervisors of
956	the district shall have the power and is hereby authorized in
957	its discretion to exercise such powers authorized in this act,
958	the lands in said designated area or part of the district to be
959	called a "unit." The units into which said district may be so
960	divided shall be given appropriate numbers or names by said
961	board of supervisors, so that said units may be readily
962	identified and distinguished. The board of supervisors shall
963	have the power to fix and determine the location, area, and
964	boundaries of and lands to be included in each and all such
965	units with the consent of the owners of 51 percent of the
966	acreage in any area, and the method of carrying on the work in
967	each unit. If the board of supervisors shall determine that it
968	is advisable to conduct the work of the district by units, as
969	authorized by this section, said board shall, by resolution duly
970	adopted and entered upon its minutes, declare its purpose to
971	conduct such work accordingly and, upon petition of the owners
972	of 51 percent of the acreage in any area, shall at the same time
973	and manner fix the number, location, and boundaries of and
974	description of lands within such unit or units and give
975	appropriate numbers or names, which unit or units may overlay or
976	overlap one or more other units. As soon as practicable after
977	the adoption and recording of a resolution as to any unit, said
978	board of supervisors shall publish a notice once a week for 2
979	consecutive weeks in a newspaper of general paid circulation in
980	which the City of North Port publishes notices of city meetings
981	and, by provision of 2 weeks' advance written notice to the City
982	of North Port Manager, briefly describing the unit or units into
983	which the district has been divided and the lands embraced in
984	each unit, giving the name, number, or other designation of such
985	units, requiring all owners of lands in the district to show
986	cause in writing before said board of supervisors at a time and
987	place to be stated in such notice why such division of said
988	district into such unit or units should not be approved, and why
989	the proceedings and powers authorized by this section should not
990	be had, taken, and exercised. At the time and place stated in
991	said notice, said board of supervisors shall hear all objections
992	or causes of objection, all of which shall be in writing, of any
993	landowner in the district to the matters mentioned and referred
994	to in such notice, and if no objections are made, or if said
995	objections, if made, shall be overruled by said board, then said
996	board shall enter in its minutes its finding and order
997	confirming said resolution and may thereafter proceed with the
998	development of the district by unit or units pursuant to such
999	resolution and to the provisions of this act. If, however, said
1000	board of supervisors shall find as a result of such objections,
1001	or any of them, or the hearing thereon, that the division of the
1002	district into such unit or units as aforesaid should not be
1003	approved, or that the proceedings and powers authorized by this
1004	section should not be had, taken, or exercised, or that any
1005	other matter or thing embraced in said resolution would not be
1006	in the best interest of the landowners of said unit or units or
1007	would be unjust or unfair to any landowner therein or otherwise
1008	inconsistent with fair and equal protection and enforcement of
1009	the rights of every landowner in said unit or units, then the
1010	board of supervisors shall not proceed further under such
1011	resolution; but said board of supervisors may, as a result of
1012	such hearing, modify or amend said resolution so as to meet such
1013	objections so made, and thereupon said board may confirm said
1014	resolution as so modified or amended and may thereafter proceed
1015	accordingly. If said board of supervisors shall overrule or
1016	refuse to sustain any such objections in whole or in part made
1017	by any landowner in the district, or if any such landowner shall
1018	deem himself or herself aggrieved by any action of the board of
1019	supervisors in respect to any objections so filed, such
1020	landowner may, within 10 days after the ruling of said board,
1021	file his or her complaint in the Circuit Court of Sarasota
1022	County against said district, praying an injunction or other
1023	appropriate relief against the action or any part of such action
1024	proposed by such resolution or resolutions of said board, and
1025	such suits shall be conducted like other suits, except that said
1026	suits shall have preference over all other pending actions
1027	except criminal actions and writs of habeas corpus. Upon the
1028	hearing of said cause, the circuit court shall have the power to
1029	hear the objections and receive the evidence thereon of all
1030	parties to such cause and approve or disapprove said resolutions
1031	and action of the board in whole or in part, and to render such
1032	decree in such cause as right and justice require.
1033	(2)  When said resolutions creating said unit or units
1034	shall be confirmed by the board of supervisors (or by the
1035	Circuit Court of Sarasota County, if such proposed action shall
1036	be challenged by a landowner by the judicial proceedings
1037	hereinabove authorized), the board of supervisors may adopt a
1038	plan of improvements or chapter 170 authorizing documents for
1039	and in respect to any or all such units and to have the benefits
1040	and damages resulting therefrom assessed and apportioned as is
1041	provided by law in regard to a plan of improvements or chapter
1042	170 authorizing documents for and assessments for benefits and
1043	damages of the entire district. With respect to the plan of
1044	improvements, notices, appointment of engineer to prepare a
1045	report assessing the benefits and damages, the engineer's report
1046	and notice and confirmation thereof, the levy of assessments,
1047	including maintenance assessments, the issuance of bonds, the
1048	exercise or use of chapter 170, Florida Statutes, proceedings
1049	and all other proceedings as to each and all of such units, said
1050	board shall follow and comply with the same procedure as is
1051	provided by law with respect to the entire district, and said
1052	board of supervisors shall have the same powers in respect to
1053	each and all of such units as is vested in them with respect to
1054	the entire district. All the provisions of this act shall apply
1055	to the improvement of each, any, and all of such units, and the
1056	enumeration of or reference to specific powers or duties of the
1057	supervisors or any other officers or other matters in this act
1058	as hereinabove set forth, shall not limit or restrict the
1059	application of any and all of the proceedings and powers herein
1060	for such units as fully and completely as if such unit or units
1061	were specifically and expressly named in every section and
1062	clause of this act where the entire district is mentioned or
1063	referred to. All assessments, levies, bonds, and other
1064	obligations made, levied, assessed, or issued for or in respect
1065	to any such unit or units shall be a lien and charge solely and
1066	only upon the lands in such unit or units, respectively, for the
1067	benefit of which the same shall be levied, made, or issued, and
1068	not upon the remaining units or lands in the district. The board
1069	of supervisors, upon an affirmative vote of a simple majority of
1070	qualified electors, as defined in chapter 189, Florida Statutes,
1071	within said unit voting in a referendum, or upon approval of the
1072	landowners of 51 percent of the acreage in said unit if there
1073	are no residents in said unit, may at any time amend its
1074	resolutions by changing the location and description of lands in
1075	any such unit or units and provided, further, that if the
1076	location or description of lands located in any such unit or
1077	units is so changed, notice of such change shall be published as
1078	hereinabove required in this section for notice of the formation
1079	or organization of such unit or units; provided, however, that
1080	no lands against which benefits shall have been assessed may be
1081	detached from any such unit after the final adoption of the
1082	engineer's report of benefits or chapter 170 authorizing
1083	document, in such unit or units or the issuance of bonds or
1084	other obligations which are payable from assessments for
1085	benefits levied upon the lands within such unit or units.
1086	(3)  If, after adoption of the engineer's report of
1087	benefits and chapter 170 authorizing documents in such unit or
1088	units, or the issuance of bonds or other obligations that are
1089	payable from assessments for benefits levied upon lands within
1090	such unit or units, the board of supervisors finds the plan of
1091	improvements, engineer's report, or chapter 170 authorizing
1092	documents for any such unit or units insufficient or inadequate
1093	for efficient development, the same may be amended or changed as
1094	provided in this act or chapter 170 or chapter 298, Florida
1095	Statutes, and the unit or units may be amended or changed as
1096	provided in this section by changing the location and
1097	description of lands in any such unit or units by detaching
1098	lands therefrom or by adding land thereto, upon the approval of
1099	at least 51 percent of the landowners according to acreage in
1100	any such unit, and provided that in such event all assessments,
1101	levies, fees, bonds, and other obligations made, levied,
1102	assessed, incurred, or issued for or in respect to any such unit
1103	or units may be allocated and apportioned to the amended unit or
1104	units in proportion to the benefits assessed by the engineer's
1105	report, for the amended plan of improvements and said report
1106	shall specifically provide for such allocation and
1107	apportionment. The landowners shall file their approval of or
1108	objections to such amended plan of improvements within the time
1109	provided in section 298.301, Florida Statutes, or, when used,
1110	such applicable deadline provision, if any, of chapter 170,
1111	Florida Statutes, and shall file their approval of or objections
1112	to the amendment of such unit as provided in this section.
1113	(4)  No assessable lands shall be detached from any unit
1114	after the issuance of bonds or other obligations for such unit
1115	except upon the consent of a majority of the holders, based on
1116	face value of the outstanding bonds, of such bonds or other
1117	obligations. In the event of the change of the boundaries of any
1118	unit as provided herein and the allocation and apportionment to
1119	the amended unit or units of assessments, levies, fees, bonds,
1120	and other obligations in proportion to the benefits assessed,
1121	the holder of the bonds or other obligations heretofore issued
1122	for the original unit who consents to such allocation and
1123	apportionment shall be entitled to all rights and remedies
1124	against any lands added to the amended unit or units as fully
1125	and to the same extent as if such added lands had formed and
1126	constituted a part of the original unit or units at the time of
1127	the original issuance of such bonds or other obligations, and
1128	regardless of whether the holders of such bonds or other
1129	obligations are the original holders thereof or the holders from
1130	time to time hereafter, and the rights and remedies of such
1131	holders against the lands in the amended unit or units,
1132	including any lands added thereto, under such allocation and
1133	apportionment, shall constitute vested and irrevocable rights
1134	and remedies to the holders from time to time of such bonds or
1135	other obligations as fully and to the same extent as if such
1136	bonds or other obligations had been originally issued to finance
1137	the improvements in such amended unit or units.
1138	(5)  Upon the formation of a unit, the board is authorized
1139	to levy a one-time organizational special assessment tax per
1140	acre on the lands in a unit sufficient to prepare a plan of
1141	improvements or chapter 170 authorizing documents and have the
1142	benefits assessed as provided herein.
1143	(6)  The territorial limits of a unit may be expanded to
1144	include additional land by agreement between the district and
1145	all of the landowners of the land to be included in the unit,
1146	provided that, at the time of the execution of the agreement,
1147	the additional land is contained within the jurisdictional
1148	boundaries of the district. Land included in the unit by
1149	agreement shall thereafter be subject to the payment of all
1150	assessments or fees levied by the district in the unit and shall
1151	be subject to the provisions of all laws under which the
1152	district operates. The agreement shall be in recordable form and
1153	filed in the official records.
1154	(7)  The district shall not amend any plan of improvement
1155	for any unit in which any real property has been sold to the
1156	general public at large for residential and noncommercial
1157	purposes in such a way that said amendment results in any
1158	increase in the principal amount of debt then authorized for
1159	that unit, without an affirmative vote of a simple majority of
1160	qualified electors, as defined in chapter 189, Florida Statutes,
1161	within said unit voting in a referendum.
1162	Section 13.  Eminent domain.-- The board of supervisors is
1163	hereby authorized, when reasonably necessary for the
1164	implementation of the powers granted to it under section 4, or
1165	for the implementation of district-authorized public
1166	infrastructure works, facilities, services, or roads and rights-
1167	of-way, to exercise its right and power of eminent domain:
1168	(1)  Within the district with prior approval by resolution
1169	of the governing body of the district and the City of North Port
1170	Commission;
1171	(2)  Outside of the district's territorial boundaries and
1172	within the City of North Port or Charlotte County, Desoto
1173	County, or Sarasota County with prior approval, by resolution,
1174	of the City of North Port Commission or governing body of the
1175	county affected; and
1176	(3)  Further provided that the powers set forth in
1177	subsections (1) and (2) shall be exercised pursuant to the
1178	provisions of chapters 73 and 74, Florida Statutes, over any
1179	property within Charlotte County, Desoto County, or Sarasota
1180	County, as well as any property within the district and the City
1181	of North Port, except municipal, county, School District of
1182	Sarasota County, state, and federal property. Such right and
1183	power of eminent domain shall be subject to approval, by
1184	resolution, of the governing body of the affected county or
1185	municipality.
1186	Section 14.  Definition of 51 percent of acreage in any
1187	area.--When the consent of 51 percent of the acreage is required
1188	in any described geographical area for any purpose, in
1189	determining the acreage in the area, the lands and rights-of-way
1190	of the district and all lands which are or will be exempt or
1191	excluded from payment of the district assessments shall not be
1192	included in the acreage to determine the 51 percent consent
1193	requirements.
1194	Section 15.  Amending plan of improvements, engineer's
1195	report, or chapter 170 authorizing documents.--In addition to,
1196	and as an alternative to, the provisions of chapters 298 and
1197	170, Florida Statutes, a plan of improvements, the engineer's
1198	report, or chapter 170 authorizing document may be amended,
1199	modified, corrected, and changed from time to time in the
1200	following manner:
1201	(1)  The intent of this section, in part, is to give the
1202	board of supervisors power with broad latitude to make
1203	additional and such other improvements to the plan of
1204	improvements or chapter 170 authorizing documents that the board
1205	of supervisors considers appropriate to implement the purpose
1206	and intent of the plan of improvements or chapter 170
1207	authorizing documents and that, in the opinion of the board,
1208	results in a benefit to the land and will not increase the cost
1209	in excess of the total benefits assessed as provided herein. The
1210	district may accept for operation maintenance additional
1211	facilities which are within or outside its boundaries and
1212	supplement a plan of improvements or chapter 170 authorizing
1213	documents.
1214	(2)  As an alternate procedure, the board of supervisors
1215	shall have the power to change, alter, or amend a previously
1216	approved or adopted plan of improvements, engineer's report, or
1217	chapter 170 authorizing documents by duly adopted resolution;
1218	provided the district engineer certifies that all land subject
1219	to the previously approved or adopted plan of improvements or
1220	chapter 170 authorizing documents will receive the same or
1221	greater benefits as previously assessed and that the estimated
1222	cost of constructing the plan of improvements, including the
1223	changes or amendments to it, the engineer's report, or chapter
1224	170 authorizing documents do not exceed the total benefits
1225	assessed. Said resolution shall be filed with the secretary of
1226	the district and shall be binding upon the owners of lands
1227	subject to the plan of improvements, the engineer's report, or
1228	chapter 170 authorizing documents, as applicable, including
1229	their successors and assigns.
1230	(3)  When a plan of improvements, engineer's report, or
1231	chapter 170 authorizing document is amended, modified, or
1232	changed by any authorized procedure, the approval or consent of
1233	the holders of the bonds issued in respect to such plan,
1234	engineer's report, or chapter 170 authorizing document shall not
1235	be required, and amendments, modifications, and changes may be
1236	made to the plan of improvements, engineer's report, or chapter
1237	170 authorizing document without bondholders' approval or
1238	consent.
1239	(4)  The district shall not amend any plan of improvement
1240	for any unit in which any real property has been sold to the
1241	general public at large for residential and noncommercial
1242	purposes, in such a way that said amendment results in any
1243	increase in the principal amount of debt then authorized for
1244	that unit, without an affirmative vote of a simple majority of
1245	qualified electors, as defined in chapter 189, Florida Statutes,
1246	within said unit voting in a referendum.
1247	Section 16.  Meetings and notices.--All meetings of the
1248	board of supervisors of the district shall be held in the City
1249	of North Port and shall be audio or video taped. Further, all
1250	meetings shall be conducted under the procedures set forth in
1251	Robert's Rules of Order (the "Rules"), especially when making
1252	and discussing motions. Each board member shall receive a copy
1253	of the Rules and the board shall name a Parliamentarian who is
1254	well-versed in the application of the Rules to ensure adherence.
1255	The chairperson shall be responsible for preparing an agenda for
1256	each meeting and shall supply the agenda to all board members
1257	and make the same available to the residents and landowners at
1258	least 10 days prior to each meeting. Moreover, the right to
1259	public comment must be made available to the residents and
1260	landowners before the board of supervisors has made a decision.
1261	All public records held by the district shall be made available
1262	to the public pursuant to chapter 119, Florida Statutes,
1263	including exemptions thereto. Except as otherwise specifically
1264	set forth in the act, the board of supervisors shall hold its
1265	meetings pursuant to sections 189.416 and 189.417, Florida
1266	Statutes.
1267	Section 17.  Reports, budgets, audits.--The board of
1268	supervisors shall, on a semiannual basis, prepare a financial
1269	statement setting forth the necessary financial information to
1270	allow the residents and landowners to clearly determine the
1271	manner and methods used to address the needs of the district
1272	while ensuring the financial security of the district. The
1273	financial report shall include, but is not limited to, income
1274	statements, expense statements on a line-item basis, and any
1275	capital expenditures, maintenance expenditures, salaries, and
1276	other ordinary and extraordinary expenses attributed to the
1277	operation of the district. Said financial statements shall be
1278	provided to the City of North Port Finance Director at least 3
1279	weeks prior to the semiannual meeting of the board of
1280	supervisors. The district shall prepare and submit reports,
1281	budgets, and audits as provided in sections 189.415 and 189.418,
1282	Florida Statutes.
1283	Section 18.  Territorial boundaries.--The territorial
1284	boundaries of the district shall be as follows, to wit:
1285
1286	All of Sections 1, 2, 11, 12, 13, 14 and a portion of
1287	Sections 3, 4, 9, 10, 15 and 16, Township 39 South,
1288	Range 22 East, Sarasota County, Florida, being more
1289	particularly described as follows:
1290
1291	BEGINNING AT THE NORTHEAST CORNER OF SECTION 9,
1292	TOWNSHIP 39 SOUTH, RANGE 22 EAST ALSO BEING THE
1293	NORTHWEST CORNER OF SECTION 10; THENCE N.89°56'00"W.,
1294	N.89°56'00"W., (GRID BEARING, FLORIDA TRANSVERSE
1295	MERCATOR, WEST ZONE) ALONG THE NORTH LINE OF SAID
1296	SECTION 9, A DISTANCE OF 324.51 FEET TO A POINT IN THE
1297	ALDERMAN SLOUGH; THENCE FOLLOWING SAID ALDERMAN SLOUGH
1298	IN A SOUTHERLY DIRECTION, THE FOLLOWING COURSES:
1299	S.18°25'53"W., THROUGH SECTION 9 A DISTANCE OF 85.39
1300	FEET; THENCE S.27°12'16"E., A DISTANCE OF 517.18 FEET;
1301	THENCE S.57°39'41"E., A DISTANCE OF 124.04 FEET TO A
1302	POINT ON THE WEST LINE OF SECTION 10, BEARING
1303	S.00°58'09"W., A DISTANCE OF 607.04 FEET FROM THE
1304	NORTHWEST CORNER OF SAID SECTION 10; THENCE
1305	S.57°39'41"E., THROUGH SECTION 10 A DISTANCE OF 63.21
1306	FEET; THENCE S.10°12'48"E., A DISTANCE OF 555.38 FEET;
1307	THENCE S.07°21'16"E., A DISTANCE OF 672.34 FEET;
1308	THENCE S.10°44'03"E., A DISTANCE OF 651.24 FEET;
1309	THENCE S.10°36'13"W., A DISTANCE OF 530.75 FEET;
1310	THENCE S.01°14'47"W., A DISTANCE OF 820.24 FEET;
1311	THENCE S.03°22'21"E., A DISTANCE OF 253.99 FEET;
1312	THENCE S.08°05'01"E., A DISTANCE OF 925.01 FEET;
1313	THENCE S.12°02'12"E., A DISTANCE OF 324.13 FEET TO A
1314	POINT ON THE NORTH LINE OF SECTION 15, BEARING
1315	S.89°40'03"E., A DISTANCE OF 536.06 FEET FROM THE
1316	NORTHWEST CORNER OF SAID SECTION 15; THENCE THROUGH
1317	SECTION 15, S.12°02'12"E., A DISTANCE OF 127.44 FEET;
1318	THENCE S.09°19'36"E., A DISTANCE OF 688.88 FEET;
1319	THENCE S.04°17'39"E., A DISTANCE OF 145.23 FEET;
1320	THENCE S.11°04'54"E., A DISTANCE OF 278.80 FEET;
1321	THENCE S.18°24'37"W., A DISTANCE OF 118.03 FEET;
1322	THENCE S.27°30'33"W., A DISTANCE OF 170.26 FEET;
1323	THENCE S.05°11'15"E., A DISTANCE OF 86.33 FEET; THENCE
1324	S.07°05'59"W., A DISTANCE OF 206.26 FEET; THENCE
1325	S.03°47'11"E., A DISTANCE OF 108.15 FEET; THENCE
1326	S.15°38'29"W., A DISTANCE OF 229.08 FEET; THENCE
1327	S.11°11'29"W., A DISTANCE OF 651.33 FEET; THENCE
1328	S.04°17'53"W., A DISTANCE OF 74.25 FEET; THENCE
1329	S.16°13'07"W., A DISTANCE OF 79.94 FEET; THENCE
1330	S.06°56'07"W., A DISTANCE OF 292.06 FEET; THENCE
1331	S.19°33'24"W., A DISTANCE OF 62.42 FEET; THENCE
1332	S.51°48'15"W., A DISTANCE OF 177.50 FEET; THENCE
1333	S.35°17'02"W., A DISTANCE OF 182.82 FEET; THENCE
1334	S.51°44'00"W., A DISTANCE OF 129.18 FEET TO A POINT ON
1335	THE EAST LINE OF SECTION 16, BEARING N.00°16'13"E., A
1336	N.00°16'13"E., A DISTANCE OF 1734.15 FEET FROM THE
1337	SOUTHEAST CORNER OF SAID SECTION 16; THENCE
1338	S.51°44'00"W. THROUGH SECTION 16, A DISTANCE OF 18.84
1339	FEET; THENCE S.35°17'35"W., A DISTANCE OF 203.28 FEET
1340	TO A POINT ON THE NORTHERLY LIMITED ACCESS RIGHT-OF-
1341	WAY LINE FOR INTERSTATE HIGHWAY #75; THENCE
1342	S.44°57'25"E., ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
1343	OF 186.37 FEET TO A POINT ON THE WEST LINE OF SECTION
1344	15, BEARING N.00°06'13"E., A DISTANCE OF 1424.68 FEET
1345	FROM THE SOUTHWEST CORNER OF SAID SECTION 15, THENCE
1346	S.44°57'25"E. ALONG SAID RIGHT-OF-WAY LINE A DISTANCE
1347	OF 2023.63 FEET TO AN INTERSECTION WITH THE SOUTH LINE
1348	OF SECTION 15, BEARING S.89°42'25"E. A DISTANCE OF
1349	1432.44 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION
1350	15; THENCE S.89°42'25"E., ALONG THE SOUTH LINE OF SAID
1351	SECTION 15 A DISTANCE OF 3869.24 FEET TO THE SOUTHWEST
1352	CORNER OF SECTION 14; THENCE S.89°42'24"E., ALONG THE
1353	SOUTH LINE OF SAID SECTION 14 A DISTANCE OF 5321.72
1354	FEET TO THE SOUTHWEST CORNER OF SECTION 13; THENCE
1355	S.89°42'24"E., ALONG THE SOUTH LINE OF SAID SECTION 13
1356	A DISTANCE OF 5413.63 FEET TO THE SOUTHEAST CORNER OF
1357	SAID SECTION 13 AND THE EAST RANGE LINE OF SAID
1358	TOWNSHIP 39 SOUTH, RANGE 22 EAST; THENCE
1359	N.00°14'50"E., ALONG THE EAST LINE OF SAID SECTION 13
1360	A DISTANCE OF 5325.52 FEET TO THE SOUTHEAST CORNER OF
1361	SECTION 12; THENCE N.00°14'45"E., ALONG THE EAST LINE
1362	OF SAID SECTION 12 A DISTANCE OF 5324.68 FEET TO THE
1363	SOUTHEAST CORNER OF SECTION 1; THENCE N.00°14'30"E.,
1364	N.00°14'30"E., ALONG THE EAST LINE OF SAID SECTION
1365	1 A DISTANCE OF 5324.24 FEET TO THE NORTHEAST CORNER
1366	OF SAID SECTION 1 AND THE NORTHEAST CORNER OF TOWNSHIP
1367	39 SOUTH, RANGE 22 EAST; THENCE N.89°44'59"W., ALONG
1368	THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID
1369	SECTION 1 A DISTANCE OF 2655.22 FEET TO THE NORTHEAST
1370	CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 1;
1371	THENCE N.89°44'46"W., ALONG THE NORTH LINE OF SAID
1372	NORTHWEST QUARTER A DISTANCE OF 2655.22 FEET TO THE
1373	NORTHEAST CORNER OF SECTION 2; THENCE N.89°44'34"W.,
1374	N.89°44'34"W., ALONG THE NORTH LINE OF THE
1375	NORTHEAST QUARTER OF SAID SECTION 2 A DISTANCE OF
1376	2655.22 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST
1377	QUARTER OF SAID SECTION 2; THENCE N.89°44'21"W., ALONG
1378	THE NORTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF
1379	2655.22 FEET TO THE NORTHWEST CORNER OF SECTION 2;
1380	WHICH IS THE NORTHEAST CORNER OF SECTION 3; THENCE
1381	N.89°43'55"W. ALONG THE NORTH LINE OF THE NORTHEAST
1382	QUARTER OF SAID SECTION 3 A DISTANCE OF 2655.22 FEET
1383	TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF
1384	SAID SECTION 3; THENCE N.89°43'42"W. ALONG THE NORTH
1385	LINE OF THE NORTHWEST QUARTER OF SECTION 3 A DISTANCE
1386	OF 2655.22 FEET TO THE NORTHWEST CORNER OF SECTION 3;
1387	THENCE S.00°47'59"W. ALONG THE WEST LINE OF THE NORTH
1388	HALF OF SECTION 3 A DISTANCE OF 2663.2 FEET TO THE
1389	SOUTHWEST CORNER OF THE NORTH HALF OF SAID SECTION 3
1390	AND THE SOUTHEAST CORNER OF THE NORTH HALF OF SECTION
1391	4; THENCE N.89°49'42"W. ALONG THE SOUTH LINE OF THE
1392	NORTH HALF OF SECTION 4 A DISTANCE OF 32.18 FEET TO A
1393	POINT IN THE ALDERMAN SLOUGH; THENCE FOLLOWING SAID
1394	ALDERMAN SLOUGH IN A SOUTHERLY DIRECTION, THE
1395	FOLLOWING COURSES: S.19°46'12"W. A DISTANCE OF 384.63
1396	FEET; THENCE S.06°17'38"E. A DISTANCE OF 74.84 FEET;
1397	THENCE S.16°26'43"E. A DISTANCE OF 499.12 FEET TO A
1398	POINT ON THE WEST LINE OF SAID SECTION 3 BEARING
1399	N.00°47'59"E. A DISTANCE OF 1748.17 FEET FROM THE
1400	SOUTHWEST CORNER OF SAID SECTION 3; THENCE
1401	S.16°26'43"E. THROUGH SECTION 3 A DISTANCE OF 211.62
1402	FEET; THENCE S.03°07'54"W. A DISTANCE OF 225.97 FEET;
1403	THENCE S.07°53'10"W. A DISTANCE OF 216.17 FEET; THENCE
1404	S.18°35'25"W. A DISTANCE OF 87.96 FEET TO A POINT ON
1405	THE EAST LINE OF SECTION 4 BEARING N.00°47'59"E. A
1406	DISTANCE OF 1022.0 FEET FROM THE SOUTHEAST CORNER OF
1407	SAID SECTION 4; THENCE S.18°20'50"W. A DISTANCE OF
1408	1076.23 FEET TO A POINT ON THE SOUTH LINE OF SAID
1409	SECTION 4; THENCE S.89°56'00"E. A DISTANCE OF 324.51
1410	FEET TO THE SOUTHWEST CORNER OF SECTION 3 AND THE
1411	NORTHEAST CORNER OF SECTION 9 AND THE POINT OF
1412	BEGINNING.
1413
1414	CONTAINING NOT LESS THAN 5,771.37 ACRES.
1415
1416	THE ABOVE DESCRIBED PROPERTY IS COMPOSED OF THAT
1417	PROPERTY DESCRIBED IN A WARRANTY DEED FROM MCK FARMS,
1418	LTD. AND RECORDED IN THE OFFICIAL RECORDS OF SARASOTA
1419	COUNTY, FLORIDA, AS INSTRUMENT NO 2000076815, AND A
1420	PORTION OF THE PROPERTY DESCRIBED IN A SPECIAL
1421	WARRANTY DEED FROM CARLTON SARASOTA, L.L.C., et al, to
1422	GLAWSON INVESMENTS CORP. DATED JUNE 16, 2000, AND
1423	RECORDED IN THE OFFICIAL RECORDS OF SARASOTA COUNTY,
1424	FLORIDA, AS INSTRUMENT NO. 2000164425.
1425
1426	A PORTION OF SECTION 4, TOWNSHIP 39 SOUTH, RANGE 22
1427	EAST, SARASOTA COUNTY, FLORIDA, BEING MORE
1428	PARTICULARLY DESCRIBED AS FOLLOWS;
1429
1430	COMMENCE AT THE SOUTHEAST CORNER OF THE NORTH HALF OF
1431	SAID SECTION 4; THENCE NORTH 88°49'42" WEST ALONG THE
1432	SOUTH LINE OF SAID NORTH HALF A DISTANCE OF 32.18 FEET
1433	TO THE POINT OF BEGINNING; THENCE SOUTH 19°46'12" WEST
1434	A DISTANCE OF 173.97 FEET TO AN INTERSECTION WITH A
1435	NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIUS
1436	OF 550.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE
1437	TO THE RIGHT THROUGH A CENTRAL ANGLE OF 26°22'34", AN
1438	ARC DISTANCE OF 253.19 FEET (CHORD=250.96 FEET
1439	BEARING=NORTH 49°03'24" WEST) TO THE INTERSECTION WITH
1440	THE AFORESAID SOUTH LINE OF THE NORTH HALF; THENCE
1441	SOUTH 89°49'42" EAST ALONG SAID SOUTH LINE A DISTANCE
1442	OF 248.41 FEET TO THE POINT OF BEGINNING.
1443
1444	THIS IS A PORTION OF THE SAME PROPERTY CONVEYED TO
1445	GLAWSON INVESTMENTS CORP. BY CARLTON SARASOTA, L.L.C.,
1446	DAVID SARASOTA, L.L.C., PALLARDY SARASOTA, L.L.C. AND
1447	NORTHPORT MATERIALS, L.L.C. BY SPECIAL WARRANTY DEED
1448	DATED MARCH 14, 2002, AND FILED IN THE OFFICIAL
1449	RECORDS OF THE CIRCUIT COURT OF SARASOTA COUNTY,
1450	FLORIDA AS INSTRUMENT 2002056489.
1451
1452	Section 19.  Severability.--In case any one or more of the
1453	sections or provisions of this act or the application of such
1454	sections or provisions to any situation, circumstance, or person
1455	shall for any reason be held to be unconstitutional, such
1456	unconstitutionality shall not affect any other sections or
1457	provisions of this act or the application of such sections or
1458	provisions to any other situation, circumstance, or person, and
1459	it is intended that this law shall be construed and applied as
1460	if such section or provision had not been included herein for
1461	any unconstitutional application.
1462	Section 20.  Public disclosures.--
1463	(1)  The district shall be required to comply with all
1464	current or future requirements, if any, to provide disclosure to
1465	the public and current or potential property owners concerning
1466	the district and its assessments.
1467	(2)  Any contract for sale of real property within the
1468	district whereby a land developer or builder is selling property
1469	to the general public at large for residential and noncommercial
1470	purposes must contain a disclosure to the potential purchaser
1471	disclosing the existence and nature of the district, as well as
1472	actual amounts of bonded indebtedness applicable to that
1473	property and projected assessments for principal debt repayment
1474	that the district is then obligated to assess and collect
1475	annually upon the subject real property. Said disclosure must be
1476	presented prominently and specifically acknowledged in writing
1477	by the buyer in the sales and closing documents.
1478	(3)  Prior to the closing, the developer, builder, or
1479	current landowner shall inform the potential buyer of the
1480	current annual operating maintenance budget assessment and any
1481	identified planned increases to that assessment required to be
1482	paid by the purchaser upon taking ownership of the real estate.
1483	(4)  Any property owners' association created within the
1484	district by a land developer or builder shall contain language
1485	in its charter or a declaration of covenants disclosing the
1486	existence and purpose of the district.
1487	(5)  The district shall cause to be recorded in the public
1488	records of Sarasota County the formation of any unit created
1489	pursuant to section 12 and, upon of the sale of any debt, the
1490	principal amount of bonded indebtedness incurred for that unit.
1491	(6)  Any land developer or builder who maintains a sales
1492	office for the purpose of the initial sale of homes or lots
1493	within the district to the general public at large shall post a
1494	readily visible sign of not less than 24 inches by 36 inches in
1495	the sales office that advises potential buyers of the existence
1496	and purpose of the district.
1497	Section 21.  Sale of lands.--In the event that any part of
1498	the lands described in Section 18 are sold to the state or any
1499	executive branch department thereof or the Southwest Florida
1500	Water Management District:
1501	(1)  The seller of said land shall be able to utilize any
1502	such lands sold for open space mitigation, wetland mitigation,
1503	and stormwater mitigation for development within the district.
1504	(2)  Any development within the district that shall be
1505	required to obtain any permits from any executive branch
1506	department of the state or the Southwest Florida Water
1507	Management District shall receive expedited review of those
1508	permits.
1509	Section 22.  This act shall take effect upon becoming a
1510	law.

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