Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for HB 9-B
Ì102478?Î102478
LEGISLATIVE ACTION
Senate . House
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Senator Stewart moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Chapter 67-764, Laws of Florida, relating to the
6 Reedy Creek Improvement District, and the decree in chancery No.
7 66-1061 entered by the Circuit Court in and for the Ninth
8 Judicial Circuit of the State of Florida on May 13, 1966,
9 creating and incorporating the Reedy Creek Drainage District as
10 a public corporation of the State of Florida, are reenacted,
11 amended, and repealed as provided herein. Furthermore, it is the
12 intent of the Legislature to preserve the authority necessary to
13 generate revenue and pay outstanding indebtedness as continued
14 in force by the operation of ss. 2 and 15, Art. XII of the State
15 Constitution. No bond or other instrument of indebtedness
16 previously issued by the district or any district project
17 financed by bonds or other instruments of indebtedness shall be
18 affected by this act. The provisions of this act shall not
19 affect existing contracts that the district entered into prior
20 to the effective date of this act. The provisions of this act
21 shall be liberally construed in favor of avoiding any events of
22 default or breach under outstanding bonds or other instruments
23 of indebtedness or the district’s existing and legally valid
24 contracts.
25 Section 2. The charter for the Reedy Creek Improvement
26 District is reenacted to read:
27 Section 1. District boundaries defined.—The Reedy Creek
28 Improvement District, as ratified and approved by chapter 67
29 764, Laws of Florida, is ratified, confirmed, and approved,
30 except that the boundaries of the district shall include all of
31 the lands within the following described boundaries:
32 (1) In Orange County, Florida:
33 A parcel of land lying in Sections 1 through 3, 8
34 through 17, 19 through 28, 33 through 36 Township 24
35 South, Range 27 East, and Sections 6 through 8, 17
36 through 22, 27 through 31, Township 24 South, Range 28
37 East, Orange County, Florida, and being more
38 particularly described as follows:
39
40 Begin at the Southwest corner of the Northwest 1/4 of
41 the Southwest 1/4 of Section 6, Township 24 South,
42 Range 28 East run N 00°00’22” E, 1327.43 feet along
43 the West line of Section 6 to the Northwest corner of
44 the Southwest 1/4 of said Section 6; thence N
45 89°27’45” E, 1997.50 feet along the North line of the
46 South half of Section 6, to the Southwest corner of
47 the East 1/2 of the Southeast 1/4 of the Northwest 1/4
48 of Section 6, thence N 00°20’35” W, 1154.75 feet along
49 the West line of the East 1/2 of the Southeast 1/4 of
50 the Northwest 1/4 of Section 6; thence N 89°38’50” E,
51 663.64 feet along a line that is 165.00 feet South of
52 and parallel to the North line of the Southeast 1/4 of
53 the Northwest 1/4 of Section 6; thence N 89°11’34” E,
54 148.62 feet +/- along a line parallel to and 165.00
55 feet South of the North line of the Southwest 1/4 of
56 the Northeast 1/4 of Section 6 to a point on the
57 Westerly shore line of Lake Mable; thence meander the
58 shore line of Lake Mable in a Southerly direction, to
59 a point on the South line of Section 6 and the North
60 line of Section 7, Township 24 South, Range 28 East,
61 said point being S 16°20’10” W, 3981.97 feet more or
62 less from the previously described point, and also
63 lying N 89°31’17” E, 1683.05 feet from the Southwest
64 corner of Section 6; thence continue along the shore
65 line of Lake Mable in a Southeasterly and
66 Northeasterly direction across the North 1/4 of
67 Section 7, to the North line of Section 7 and the
68 South line of Section 6, Township 24 South, Range 28
69 East, said point being N 89°31’17” E, along the North
70 section line of Section 7, 1381.64 feet from the
71 previously described point and lying S 89°31’17” W,
72 2304.35 feet from the Northeast corner of Section 7;
73 thence continue to meander the shore line of Lake
74 Mable in a Northeasterly direction across the
75 Southeast 1/4 of Section 6, Township 24 South, Range
76 28 East to a point on said shoreline which is
77 intersected by the North line of the South half of the
78 Southeast 1/4 of Section 6, said point being N
79 25°14’10” E, 1475.82 feet from the previously
80 described point; thence N 89°29’30” E, along said
81 North line of the South half of the Southeast 1/4 of
82 Section 6, 1679.89 feet to the East section line
83 thereof; thence S 00°12’20” W, 1330.62 feet along the
84 East line of Section 6 to the Southeast corner of
85 Section 6 and the Northwest corner of Section 8,
86 Township 24 South, Range 28 East; thence N 89°21’03” E
87 along the North line of Section 8, 191.58 feet more or
88 less to a point on the West shore line of South Lake;
89 thence meander the shore line of South Lake in a
90 Southwesterly, Southeasterly and Northeasterly
91 direction to a point where the shore line of South
92 Lake intersects the East line of the West half of the
93 West half of Section 8; said point being S 25°17’13”
94 E, 2679.01 feet more or less from the previously
95 described point; thence S 00°13’59” W, 221.07 feet to
96 the Northeast corner of the Northwest 1/4 of the
97 Southwest 1/4 of Section 8; thence S 00°06’21” E along
98 the East line of the West half of the Southwest 1/4 of
99 Section 8, 1334.85 feet to the Southeast corner of the
100 Northwest 1/4 of the Southwest 1/4 of Section 8;
101 thence S 88°48’04” W, 1111.09 feet to a point of
102 curvature of a curve concave Southeasterly having a
103 radius of 545.08 feet, and a central angle of
104 81°15’08”; thence run Southwesterly along the arc of
105 said curve, 772.99 feet; to a point of reverse
106 curvature of a curve concave Northerly having a radius
107 of 80.00 feet, and a central angle of 128°43’50”;
108 thence run Westerly along the arc of said curve,
109 179.74 feet; thence S 43°40’59” E, 16.92 feet; thence
110 S 34°38’41” E, 8.13 feet; thence S 25°16’40” E, 86.79
111 feet; thence S 28°57’56” E, 106.03 feet; thence S
112 58°01’53” E, 87.73 feet; thence N 85°59’29” E, 134.58
113 feet to a point of curvature of a curve concave
114 Southerly having a radius of 425.00 feet, and a
115 central angle of 23°29’59”; thence run Easterly along
116 the arc of said curve, 174.31 feet; to a point of
117 compound curvature of a curve concave Southwesterly
118 having a radius of 15.00 feet, and a central angle of
119 46°20’48”; thence run Southeasterly along the arc of
120 said curve, 12.13 feet; to a point of compound
121 curvature of a curve concave Westerly having a radius
122 of 425.00 feet, and a central angle of 16°33’54”;
123 thence run Southerly along the arc of said curve,
124 122.87 feet; to a point of compound curvature of a
125 curve concave Westerly having a radius of 25.00 feet,
126 and a central angle of 51°32’25”; thence run Southerly
127 along the arc of said curve, 22.49 feet; thence S
128 43°56’36” W, 91.06 feet; thence S 64°40’37” W, 105.25
129 feet; thence S 40°45’32” W, 117.42 feet; thence S
130 13°26’04” W, 97.39 feet; thence S 42°14’20” W, 133.97
131 feet; thence S 68°59’11” W, 89.71 feet; thence S
132 28°50’44” W, 77.77 feet; thence S 14°52’47” W, 88.32
133 feet; thence S 01°59’29” E, 106.28 feet; thence S
134 24°42’46” W, 241.59 feet; thence S 36°55’50” W, 126.64
135 feet; thence S 24°03’44” W, 71.01 feet to a point of
136 curvature of a curve concave Northwesterly having a
137 radius of 25.00 feet, and a central angle of
138 40°55’45”; thence run Southwesterly along the arc of
139 said curve, 17.86 feet; thence S 64°59’30” W, 91.68
140 feet to a point of curvature of a curve concave
141 Northerly having a radius of 25.00 feet, and a central
142 angle of 46°29’32”; thence run Westerly along the arc
143 of said curve, 20.29 feet; thence N 68°30’58” W,
144 131.37 feet; thence N 34°57’28” W, 145.43 feet; thence
145 N 10°44’04” W, 144.09 feet; thence N 10°34’18” E,
146 129.55 feet; thence N 44°03’35” E, 129.67 feet; thence
147 N 86°35’32” E, 100.03 feet; thence N 62°48’18” E,
148 100.08 feet; thence N 58°16’14” E, 95.99 feet; thence
149 N 15°01’47” E, 86.03 feet; thence N 14°30’32” W,
150 104.94 feet; thence N 03°06’23” W, 111.09 feet; thence
151 N 07°32’42” E, 68.01 feet; thence N 15°14’13” W, 80.67
152 feet; thence N 87°12’48” W, 40.11 feet; thence S
153 77°42’57” W, 84.88 feet; thence S 74°44’47” W, 66.79
154 feet; thence S 35°20’27” W, 90.33 feet; thence S
155 22°58’13” W, 87.94 feet; thence S 20°05’22” W, 168.18
156 feet; thence S 65°39’23” W, 108.46 feet; thence N
157 79°02’16” W, 146.86 feet; thence S 44°41’24” W, 85.24
158 feet; thence S 66°58’59” W, 80.82 feet; thence N
159 89°03’00” W, 96.88 feet; thence S 84°18’13” W, 51.79
160 feet; thence S 77°56’53” W, 116.91 feet; thence S
161 70°14’00” W, 84.26 feet; thence N 63°52’48” W, 163.26
162 feet; thence N 71°49’57” W, 91.32 feet; thence N
163 56°38’48” W, 106.72 feet; thence N 37°38’37” W, 96.72
164 feet; thence N 69°48’38” W, 85.22 feet; thence N
165 85°15’14” W, 95.72 feet; thence N 76°56’11” W, 104.56
166 feet; thence S 28°55’14” W, 152.44 feet; thence S
167 13°45’44” E, 47.73 feet to a point of curvature of a
168 curve concave Westerly having a radius of 75.00 feet,
169 and a central angle of 30°06’13”; thence run Southerly
170 along the arc of said curve, 39.41 feet; to a point of
171 reverse curvature of a curve concave Northeasterly
172 having a radius of 45.00 feet, and a central angle of
173 99°54’55”; thence run Southeasterly along the arc of
174 said curve, 78.47 feet; to a point of reverse
175 curvature of a curve concave Southwesterly having a
176 radius of 250.00 feet, and a central angle of
177 55°31’16”; thence run Southeasterly along the arc of
178 said curve, 242.26 feet; thence S 28°03’11” E, 95.35
179 feet to a point of curvature of a curve concave
180 Westerly having a radius of 125.00 feet, and a central
181 angle of 59°41’01”; thence run Southerly along the arc
182 of said curve, 130.21 feet; thence S 31°37’50” W,
183 165.37 feet; thence S 51°01’41” E, 83.54 feet to a
184 point on a non-tangent curve concave Southeasterly
185 having a radius of 676.49 feet, and a central angle of
186 29°43’07”; thence from a tangent bearing of N
187 50°17’44” E run Northeasterly along the arc of said
188 curve, 350.89 feet; thence S 35°59’30” E, 246.14 feet;
189 thence S 55°37’13” E, 316.45 feet; thence S 68°44’46”
190 E, 336.44 feet to a point on a non-tangent curve
191 concave Southerly having a radius of 399.38 feet, and
192 a central angle of 09°53’41”; thence from a tangent
193 bearing of N 79°13’56” E run Easterly along the arc of
194 said curve, 68.97 feet; to a point of reverse
195 curvature of a curve concave Northerly having a radius
196 of 137.63 feet, and a central angle of 14°21’49”;
197 thence run Easterly along the arc of said curve, 34.50
198 feet; thence S 03°57’40” W, 60.74 feet to a point on a
199 non-tangent curve concave Southerly having a radius of
200 344.38 feet, and a central angle of 04°15’11”; thence
201 from a tangent bearing of S 86°02’20” E run Easterly
202 along the arc of said curve, 25.56 feet; to a point of
203 compound curvature of a curve concave Southerly having
204 a radius of 132.00 feet, and a central angle of
205 26°04’01”; thence run Easterly along the arc of said
206 curve, 60.05 feet; to a point on a non-tangent curve
207 concave Southwesterly having a radius of 184.37 feet,
208 and a central angle of 31°44’00”; thence from a
209 tangent bearing of S 49°44’21” E run Southeasterly
210 along the arc of said curve, 102.11 feet; to a point
211 of compound curvature of a curve concave Westerly
212 having a radius of 679.36 feet, and a central angle of
213 08°51’48”; thence run Southerly along the arc of said
214 curve, 105.09 feet; to a point of reverse curvature of
215 a curve concave Easterly having a radius of 437.18
216 feet, and a central angle of 18°37’07”; thence run
217 Southerly along the arc of said curve, 142.06 feet; to
218 a point of compound curvature of a curve concave
219 Northeasterly having a radius of 395.25 feet, and a
220 central angle of 18°13’39”; thence run Southeasterly
221 along the arc of said curve, 125.74 feet; to a point
222 of reverse curvature of a curve concave Southwesterly
223 having a radius of 645.09 feet, and a central angle of
224 03°21’33”; thence run Southeasterly along the arc of
225 said curve, 37.82 feet; thence N 82°18’14” W, 71.09
226 feet; thence N 51°44’44” W, 65.78 feet; thence N
227 80°24’25” W, 90.39 feet; thence S 48°32’46” W, 80.93
228 feet; thence S 22°55’38” W, 113.12 feet; thence S
229 27°19’16” E, 55.45 feet; thence S 18°40’56” W, 159.75
230 feet; thence S 10°48’30” W, 160.42 feet to a point of
231 curvature of a curve concave Easterly having a radius
232 of 223.65 feet, and a central angle of 59°02’33”;
233 thence run Southerly along the arc of said curve,
234 230.47 feet; to a point on the Northerly and Easterly
235 boundary of Tract R, Golden Oak Phase 1B according to
236 the Plat thereof recorded in Plat Book 75, Pages 3
237 through 15 of the Public Records of Orange County, a
238 non-tangent curve concave Northerly having a radius of
239 25.00 feet, and a central angle of 64°33’48”; thence
240 from a tangent bearing of S 49°58’05” E run Easterly
241 along the arc of said curve, 28.17 feet; thence N
242 65°28’07” E, 122.36 feet; thence N 76°27’23” E, 76.59
243 feet to a point of curvature of a curve concave
244 Northwesterly having a radius of 25.00 feet, and a
245 central angle of 25°14’16”; thence run Northeasterly
246 along the arc of said curve, 11.01 feet; thence S
247 78°11’38” E, 85.68 feet to a point on a non-tangent
248 curve concave Easterly having a radius of 1010.00
249 feet, and a central angle of 07°58’42”; thence from a
250 tangent bearing of S 11°48’22” W run Southerly along
251 the arc of said curve, 140.64 feet; to a point on a
252 non-tangent curve concave Southwesterly having a
253 radius of 25.00 feet, and a central angle of
254 87°13’52”; thence from a tangent bearing of N
255 03°49’41” E run Northwesterly along the arc of said
256 curve, 38.06 feet; thence N 83°24’11” W, 42.54 feet to
257 a point of curvature of a curve concave Southerly
258 having a radius of 221.37 feet, and a central angle of
259 29°07’38”; thence run Westerly along the arc of said
260 curve, 112.54 feet; to a point of reverse curvature of
261 a curve concave Northerly having a radius of 132.76
262 feet, and a central angle of 48°16’12”; thence run
263 Westerly along the arc of said curve, 111.85 feet; to
264 a point on a non-tangent curve concave Northeasterly
265 having a radius of 234.18 feet, and a central angle of
266 14°51’36”; thence from a tangent bearing of N
267 64°15’37” W run Northwesterly along the arc of said
268 curve, 60.74 feet; thence S 24°23’32” E, 34.06 feet;
269 thence S 18°04’39” E, 78.70 feet to a point on a non
270 tangent curve concave Northwesterly having a radius of
271 25.00 feet, and a central angle of 115°40’49”; thence
272 from a tangent bearing of S 17°50’29” E run
273 Southwesterly along the arc of said curve, 50.48 feet;
274 thence N 82°09’40” W, 26.47 feet; thence S 26°43’01”
275 W, 107.99 feet; thence S 13°53’13” W, 84.71 feet;
276 thence S 20°06’37” W, 86.21 feet; thence S 22°42’17”
277 W, 90.27 feet; thence S 48°33’38” W, 93.96 feet;
278 thence S 51°48’05” W, 58.47 feet; thence S 70°41’52”
279 W, 98.39 feet; thence S 75°48’30” W, 82.70 feet;
280 thence N 82°22’12” W, 18.57 feet; thence S 59°48’12”
281 W, 61.99 feet; thence S 23°48’42” W, 31.41 feet;
282 thence S 21°34’58” E, 112.96 feet; thence S 25°04’56”
283 E, 80.36 feet; thence S 06°58’19” E, 51.79 feet to a
284 point of curvature of a curve concave Westerly having
285 a radius of 25.00 feet, and a central angle of
286 54°17’13”; thence run Southerly along the arc of said
287 curve, 23.69 feet; thence S 47°18’54” W, 37.10 feet;
288 thence S 03°48’45” E, 24.29 feet to a point of
289 curvature of a curve concave Northwesterly having a
290 radius of 25.00 feet, and a central angle of
291 79°16’52”; thence run Southwesterly along the arc of
292 said curve, 34.59 feet; thence S 75°28’07” W, 70.19
293 feet to a point of curvature of a curve concave
294 Northerly having a radius of 25.00 feet, and a central
295 angle of 41°16’24”; thence run Westerly along the arc
296 of said curve, 18.01 feet; thence N 63°15’30” W, 63.09
297 feet to a point on the Easterly right-of-way of RCID
298 canal L-105 as described in Official Records Book
299 1896, Page 232 of the Public Records of Orange County
300 Florida, and a non-tangent curve concave Easterly
301 having a radius of 1505.50 feet, and a central angle
302 of 37°08’46”; thence from a tangent bearing of S
303 03°51’20” E run Southerly along the arc of said curve
304 and right-of-way, 976.05 feet; thence continue along
305 said right-of-way S 41°00’06” E, 193.39 feet; thence S
306 48°59’54” W, 100.00 feet to a point on the westerly
307 right-of-way of said Canal; thence departing said
308 Canal run, N 87°15’41” W, 130.57 feet; thence N
309 63°21’34” W, 33.90 feet; thence N 81°08’52” W, 154.09
310 feet; thence N 39°33’00” W, 38.53 feet; thence N
311 28°54’14” W, 86.79 feet; thence N 28°30’43” W, 101.63
312 feet; thence N 32°36’46” W, 77.00 feet; thence N
313 39°30’36” W, 98.30 feet to a point of curvature of a
314 curve concave Easterly having a radius of 25.00 feet,
315 and a central angle of 37°14’40”; thence run Northerly
316 along the arc of said curve, 16.25 feet; thence N
317 02°15’56” W, 56.50 feet; thence N 39°36’59” W, 135.27
318 feet; thence N 85°04’00” W, 67.65 feet to a point of
319 curvature of a curve concave Northeasterly having a
320 radius of 25.00 feet, and a central angle of
321 46°40’29”; thence run Northwesterly along the arc of
322 said curve, 20.37 feet; thence N 38°23’30” W, 64.62
323 feet; thence N 64°16’04” W, 16.33 feet to a point of
324 curvature of a curve concave Northeasterly having a
325 radius of 25.00 feet, and a central angle of
326 58°38’45”; thence run Northwesterly along the arc of
327 said curve, 25.59 feet; thence N 05°37’20” W, 20.54
328 feet; thence N 44°31’28” W, 62.56 feet; thence S
329 23°42’54” W, 95.95 feet to a point of curvature of a
330 curve concave Northwesterly having a radius of 25.00
331 feet, and a central angle of 84°46’10”; thence run
332 Southwesterly along the arc of said curve, 36.99 feet;
333 thence N 71°30’56” W, 65.59 feet; thence N 67°45’46”
334 W, 71.42 feet; thence N 47°09’12” W, 129.61 feet;
335 thence N 28°09’10” W, 67.04 feet to a point of
336 curvature of a curve concave Easterly having a radius
337 of 25.00 feet, and a central angle of 58°17’03”;
338 thence run Northerly along the arc of said curve,
339 25.43 feet; thence N 30°07’52” E, 66.18 feet; thence N
340 41°27’39” E, 82.62 feet; thence N 28°03’16” E, 61.53
341 feet; thence N 21°03’09” W, 47.93 feet; thence N
342 17°13’11” W, 99.26 feet; thence N 00°32’57” E, 48.45
343 feet; thence N 12°21’10” E, 151.79 feet; thence N
344 23°46’35” E, 109.94 feet; thence N 39°26’51” E, 91.52
345 feet; thence N 17°00’45” E, 45.16 feet; thence N
346 34°56’26” W, 27.03 feet; thence N 26°29’23” W, 104.81
347 feet; thence S 48°40’54” W, 30.14 feet to a point on a
348 non-tangent curve concave Southerly having a radius of
349 7.86 feet, and a central angle of 78°20’37”; thence
350 from a tangent bearing of N 28°56’03” W run Westerly
351 along the arc of said curve, 10.75 feet; to a point of
352 compound curvature of a curve concave Southeasterly
353 having a radius of 19.64 feet, and a central angle of
354 36°52’37”; thence run Southwesterly along the arc of
355 said curve, 12.64 feet; to a point of compound
356 curvature of a curve concave Easterly having a radius
357 of 3.95 feet, and a central angle of 74°25’35”; thence
358 run Southerly along the arc of said curve, 5.13 feet;
359 thence S 38°34’51” E, 13.88 feet; thence S 51°58’30”
360 W, 145.54 feet; thence N 37°57’09” W, 16.70 feet to a
361 point on a non-tangent curve concave Northeasterly
362 having a radius of 1080.42 feet, and a central angle
363 of 20°21’16”; thence from a tangent bearing of N
364 48°06’54” W run Northwesterly along the arc of said
365 curve, 383.82 feet; thence N 37°56’18” W, 17.87 feet;
366 thence N 30°54’21” W, 193.79 feet to a point on a non
367 tangent curve concave Southeasterly having a radius of
368 762.70 feet, and a central angle of 08°52’54”; thence
369 from a tangent bearing of S 63°58’49” W run
370 Southwesterly along the arc of said curve, 118.23
371 feet; thence S 55°05’55” W, 58.77 feet to a point of
372 curvature of a curve concave Southeasterly having a
373 radius of 160.82 feet, and a central angle of
374 19°16’01”; thence run Southwesterly along the arc of
375 said curve, 54.08 feet; to a point of reverse
376 curvature of a curve concave Northwesterly having a
377 radius of 159.35 feet, and a central angle of
378 36°15’00”; thence run Southwesterly along the arc of
379 said curve, 100.82 feet; thence S 72°04’54” W, 26.78
380 feet to a point of curvature of a curve concave
381 Southeasterly having a radius of 158.03 feet, and a
382 central angle of 21°54’44”; thence run Southwesterly
383 along the arc of said curve, 60.44 feet; to a point on
384 a non-tangent curve concave Northeasterly having a
385 radius of 52.89 feet, and a central angle of
386 104°26’29”; thence from a tangent bearing of S
387 75°27’00” W run Northwesterly along the arc of said
388 curve, 96.41 feet; thence N 00°06’31” W, 54.31 feet;
389 thence N 74°49’42” W, 43.41 feet; thence S 44°47’41”
390 W, 145.43 feet; thence S 45°05’06” E, 18.68 feet;
391 thence S 03°14’02” W, 84.66 feet; thence S 05°12’38”
392 E, 58.35 feet to a point of curvature of a curve
393 concave Easterly having a radius of 1125.00 feet, and
394 a central angle of 27°57’29”; thence run Southerly
395 along the arc of said curve, 548.95 feet; thence S
396 33°10’07” E, 163.59 feet to a point of curvature of a
397 curve concave Westerly having a radius of 492.00 feet,
398 and a central angle of 26°59’13”; thence run Southerly
399 along the arc of said curve, 231.74 feet; thence N
400 86°26’26” E, 126.87 feet; thence N 76°15’46” E, 63.89
401 feet; thence S 64°36’17” E, 118.17 feet; thence S
402 52°36’40” E, 63.05 feet; thence S 45°16’16” E, 127.88
403 feet to a point of curvature of a curve concave
404 Southwesterly having a radius of 25.00 feet, and a
405 central angle of 35°13’41”; thence run Southeasterly
406 along the arc of said curve, 15.37 feet; thence S
407 10°02’35” E, 93.01 feet to a point of curvature of a
408 curve concave Westerly having a radius of 25.00 feet,
409 and a central angle of 46°18’35”; thence run Southerly
410 along the arc of said curve, 20.21 feet; thence S
411 36°16’00” W, 28.53 feet; thence S 20°23’46” W, 184.90
412 feet; thence S 25°05’40” W, 31.33 feet to a point on a
413 non-tangent curve concave Northwesterly having a
414 radius of 25.00 feet, and a central angle of
415 33°58’13”; thence from a tangent bearing of S
416 21°14’14” W run Southwesterly along the arc of said
417 curve, 14.82 feet; thence S 55°12’27” W, 19.76 feet;
418 thence S 18°42’59” W, 22.23 feet to a point on a non
419 tangent curve concave Southwesterly having a radius of
420 1908.34 feet, and a central angle of 22°05’51”; thence
421 from a tangent bearing of S 75°17’36” E run
422 Southeasterly along the arc of said curve, 736.00
423 feet; thence S 53°11’44” E, 1498.58 feet to a point of
424 curvature of a curve concave Northeasterly having a
425 radius of 950.92 feet, and a central angle of
426 14°29’06”; thence run Southeasterly along the arc of
427 said curve, 240.40 feet; to a point of compound
428 curvature of a curve concave Northerly having a radius
429 of 513.39 feet, and a central angle of 13°13’42”;
430 thence run Easterly along the arc of said curve,
431 118.53 feet; thence S 80°54’32” E, 34.76 feet to a
432 point of curvature of a curve concave Northerly having
433 a radius of 1109.03 feet, and a central angle of
434 07°17’21”; thence run Easterly along the arc of said
435 curve, 141.09 feet; thence S 88°11’54” E, 77.05 feet;
436 thence S 89°29’03” E, 140.11 feet; thence S 89°29’03”
437 E, 433.68 feet; thence N 89°58’59” E, 1465.17 feet;
438 thence N 00°00’00” E, 131.18 feet; thence N 45°00’00”
439 W, 71.68 feet; thence N 00°00’00” E, 633.08 feet;
440 thence N 89°59’00” W, 445.76 feet; thence N 00°27’46”
441 E, 673.19 feet; thence S 89°58’17” E, 398.81 feet;
442 thence N 00°00’00” E, 753.74 feet; thence N 90°00’00”
443 W, 362.43 feet; thence N 05°16’59” W, 106.23 feet;
444 thence N 26°33’54” W, 135.35 feet; thence N 47°32’44”
445 E, 146.69 feet; thence N 11°28’34” E, 24.04 feet to a
446 point of curvature of a curve concave Westerly having
447 a radius of 15.00 feet, and a central angle of
448 52°09’22”; thence run Northerly along the arc of said
449 curve, 13.65 feet; thence N 40°40’48” W, 82.81 feet;
450 thence N 90°00’00” W, 73.87 feet to a point on a non
451 tangent curve concave Westerly having a radius of
452 1396.50 feet, and a central angle of 06°53’10”; thence
453 from a tangent bearing of N 07°09’56” E run Northerly
454 along the arc of said curve, 167.84 feet; thence N
455 00°16’44” E, 0.50 feet to the Northwest corner of the
456 Northeast 1/4 of the Southwest 1/4 of Section 17
457 Township 24 South Range 28 East; thence S 89°56’53” E,
458 3992.90 feet along the North line of the South half of
459 Section 17, to the East 1/4 corner of Section 17;
460 thence S 00°24’52” W, 2682.68 feet along the East
461 section line of Section 17 to the Southeast corner of
462 Section 17 and the Northeast corner of Section 20,
463 Township 24 South, Range 28 East; thence S 00°01’36”
464 E, 1333.66 feet along the East section line of Section
465 20 to the Southeast corner of the Northeast 1/4 of the
466 Northeast 1/4 of Section 20 and the Southwest corner
467 of the Northwest 1/4 of the Northwest 1/4 of Section
468 21, Township 24 South, Range 28 East; thence N
469 89°57’37” E, 670.11 feet to the Northwest corner of
470 the Northeast 1/4 of the Southwest 1/4 of the
471 Northwest 1/4 of Section 21; thence S 00°08’32” E,
472 668.06 feet to the Southwest corner thereof; thence S
473 89°55’30” E, 671.45 feet to the Northeast corner of
474 the Southeast 1/4 of the Southwest 1/4 of the
475 Northwest 1/4 of Section 21; thence S 00°15’27” E,
476 669.41 feet to the Northwest corner of the Northeast
477 1/4 of the Southwest 1/4 of Section 21; thence S
478 00°44’42” E, 656.38 feet to the Northwest corner of
479 Lot 85, Munger and Company Subdivision of Section 21,
480 according to the Plat recorded in Plat Book E Page 22
481 of the Public Records of Orange County Florida; thence
482 S 89°51’01” E, 335.66 feet to the Northeast corner of
483 said Lot 85; thence S 00°40’49” E, 656.31 feet to the
484 Southeast corner of Lot 85; thence S 89°53’15” E,
485 1004.75 feet along the North line of the Southeast 1/4
486 of the Southwest 1/4 of Section 21 to the Northeast
487 corner thereof; thence S 00°29’10” E, 655.63 feet
488 along the West line of the Northwest 1/4, Southwest
489 1/4 of the Southeast 1/4 of Section 21 to the
490 Southwest corner thereof; thence N 89°20’56” E, 666.99
491 feet along the South line of the Northwest 1/4,
492 Southwest 1/4 of the Southeast 1/4 of Section 21 to
493 the Southeast corner thereof; thence N 00°21’22” W,
494 652.39 feet along the West line of the Northeast 1/4,
495 Southwest 1/4 of the Southeast 1/4 of Section 21 to
496 the Northwest corner thereof; thence N 89°37’38” E,
497 2005.42 feet along the North line of the South half of
498 the Southeast 1/4 of Section 21 to the Northeast
499 corner thereof, said point also being the Southwest
500 corner of the Northwest 1/4 of the Southwest 1/4 of
501 Section 22, Township 24 South, Range 28 East; thence N
502 00°02’32” E, 1285.39 feet along the West line of
503 Section 22 to the West 1/4 corner of Section 22;
504 thence N 89°50’49” E, 714.94 feet along the North line
505 of the South half of Section 22 to the Easterly right
506 of way line of State Road 535 as shown in map section
507 75280-2465 and dated 2/22/1993; thence S 10°07’11” E,
508 1214.10 feet run along said right-of-way; thence run
509 along a deed described in document number 20190036003
510 in the Public Records of Orange County Florida the
511 flowing four courses; N 89°37’24” E, 749.86 feet; N
512 38°29’47” E, 22.59 feet; N 38°29’47” E, 576.34 feet;
513 thence S 51°31’36” E, 50.00 feet to a point on the
514 Westerly right-of-way of State Road 400 as shown in
515 map section 75280-2465 and dated 2/22/1993; ; thence
516 run along said right-of-way, S 38°29’47” W, 6175.37
517 feet to a point on the Westerly right-of-way line of
518 State Road 536 as shown in map section 75000-2520 and
519 dated 3/05/1998; thence departing State Road 400 run
520 along State Road 536 the following courses; S
521 43°35’47” W, 1571.44 feet to a point on a non-tangent
522 curve concave Northwesterly having a radius of 1809.88
523 feet, and a central angle of 37°23’38”; thence from a
524 tangent bearing of S 42°29’48” W run Southwesterly
525 along the arc of said curve, 1185.59 feet; thence S
526 79°52’51” W, 1492.49 feet to a point on the West line
527 of Section 28, and on the East line of Section 29,
528 Township 24 South, Range 28 East, said point lying N
529 00°00’07” W, 387.61 feet from the Southwest corner of
530 Section 28; thence S 79°52’53” W, 95.47 feet to a
531 point of curvature of a curve concave Northerly having
532 a radius of 2191.83 feet and a central angle of
533 32°28’09”; thence run Westerly along the arc of said
534 curve, 1242.10 feet; thence N 69°59’50” W, 311.61
535 feet; thence run S 23°29’47” W, 304.91 feet to a point
536 on a non-tangent curve concave Southwesterly, having a
537 radius of 11402.16 feet and a central angle of
538 00°29’43”; thence from a tangent bearing of S
539 65°33’17” E, run Southeasterly along the arc of said
540 curve, 98.56 feet; thence S 58°56’26” E, 509.41 feet
541 to a point on a non-tangent curve concave
542 Southwesterly, having a radius of 900.00 feet and a
543 central angle of 02°31’40”; thence run Southeasterly
544 along the arc of said curve 39.70 feet to a point on
545 the South line the Southeast 1/4 of Section 29, said
546 point lying N 89°50’43” W, 1167.48 feet from the
547 Southeast corner of Section 29; thence leaving said
548 right-of-way, run N 89°50’43” W along the South line
549 of the Southeast 1/4 of Section 29, 1496.10 feet, to
550 the South Quarter corner thereof; thence N 89°50’42”
551 W, 2152.59 feet along the South line of the Southwest
552 1/4 of Section 29 to a point on the right-of-way of
553 Chelonia Parkway as shown on the Plat of Bonnet Creek
554 Resort recorded in Plat Book 56, Page 41 of the Public
555 Records of Orange County Florida; thence run along
556 said right-of-way the following courses; due North
557 163.29 feet to the point of curvature of a curve
558 concave Southeasterly, having a radius of 675.00 feet
559 and a central angle of 45°40’47”; thence run
560 Northeasterly along the arc of said curve 538.15 feet
561 to a point of reverse curvature of a curve concave
562 Westerly, having a radius of 825.00 feet and a central
563 angle of 98°34’08”; thence run Northeasterly and
564 Northwesterly along the arc of said curve 1419.29 feet
565 to a point of reverse curvature of a curve concave
566 Northeasterly having a radius of 500.84 feet and a
567 central angle of 22°53’21”; thence run Northwesterly
568 and Northerly along the arc of said curve 200.08 feet;
569 thence N 30°00’00” W, 326.45 feet to a point on a Deed
570 recorded in Official Records Book 5208, Page 3884 of
571 the Public Records of Orange County Florida; thence
572 departing said Plat run along said Deed, N 30°00’00”
573 W, 245.14 feet, to a point on a Deed described in
574 document number 202000359979 of the Public Records of
575 Orange County Florida; thence run along said Deed the
576 following four courses; N 74°50’28” E, 100.11 feet; N
577 87°20’49” W, 74.69 feet; N 27°09’24” W, 47.56 feet; S
578 63°22’25” W, 20.69 feet, to a point on a Deed
579 described in document number 202000360380 of the
580 Public Records of Orange County Florida; thence run
581 along said Deed the following courses; S 00°00’00” E,
582 20.42 feet; N 90°00’00” W, 30.04 feet to a point on a
583 non-tangent curve concave Easterly having a radius of
584 48.00 feet, and a central angle of 47°40’00”; from a
585 tangent bearing of N 29°07’51” W run Northerly along
586 the arc of said curve, 39.93 feet; S 79°56’22” W,
587 74.35 feet; N 30°03’16” W, 21.84 feet; S 59°56’44” W,
588 12.14 feet; S 30°03’16” E, 17.42 feet; S 79°56’22” W,
589 34.35 feet; N 69°28’35” W, 49.22 feet; S 74°41’50” W,
590 40.22 feet; thence departing said Deed run along
591 aforesaid Deed recorded in Official Records Book 5208,
592 Page 3884 the following five courses; S 57°06’40” E,
593 133.74 feet; S 57°06’40” E, 133.74 feet; S 30°00’00”
594 E, 180.00 feet; S 06°15’02” E, 54.63 feet; S 30°00’00”
595 E, 408.17 feet to a point of curvature of a curve
596 concave Northeasterly, having a radius of 650.84 feet
597 and a central angle of 22°53’21”; run Southeasterly
598 along the arc of said curve 260.00 feet to a point on
599 aforesaid Plat; and a point of reverse curvature of a
600 curve concave Westerly, having a radius of 675.00 feet
601 and a central angle of 98°34’08”; thence run
602 Southeasterly and Southwesterly along the arc of said
603 curve and Plat, 1161.24 feet to a point of reverse
604 curvature of a curve concave Southeasterly, having a
605 radius of 825.00 feet and a central angle of
606 45°40’47”; thence run Southwesterly along the arc of
607 said curve and Plat, 657.74 feet; thence run along and
608 Plat due South, 162.89 feet to the South line of the
609 Southwest 1/4 of Section 29; thence departing said
610 Plat and the right-of-way line of Chelonia Parkway run
611 N 89°50’42” W along the South line of the Southwest
612 1/4 of Section 29, 360.99 feet to the Southwest corner
613 of Section 29 and the Northeast corner of Section 31,
614 Township 24 South, Range 28 East; thence S 00°40’50”
615 E, 2749.41 feet along the East line of the Northeast
616 1/4 of Section 31 to the Southeast corner thereof;
617 thence S 00°27’13” W, 2643.90 feet along the East line
618 of the Southeast 1/4 of Section 31 to the Southeast
619 corner of Section 31; thence N 89°36’01” W, 2646.94
620 feet along the South line of the Southeast 1/4 of
621 Section 31 to the Southwest corner thereof; thence N
622 89°56’54” W, 2748.82 feet along the South line of the
623 Southwest 1/4 of Section 31 to the Southwest corner
624 thereof and the Southeast corner of Section 36,
625 Township 24 South Range 27 East; thence S 89°50’04” W,
626 2658.48 feet along the South line of the Southeast 1/4
627 of Section 36 to the Southwest corner thereof; thence
628 S 89°46’36” W, 2656.21 feet along the South line of
629 the Southwest 1/4 of Section 36 to the Southwest
630 corner thereof and the Southeast corner of Section 35,
631 Township 24 South Range 27 East; thence S 89°48’35” W,
632 2652.59 feet along the South line of the Southeast 1/4
633 of Section 35 to the Southwest corner thereof; thence
634 S 89°44’07” W, 2661.05 feet along the South line of
635 the Southwest 1/4 of Section 35 to the Southwest
636 corner of said Section and the Southeast corner of
637 Section 34, Township 24 South Range 27 East; thence S
638 89°46’46” W, 3438.73 feet along the South line of
639 Section 34 to a point on the boundary of Black Lake
640 Village according to the Plat thereof recorded in Plat
641 Book 75, Page 149 of the Public Records of Orange
642 County Florida; thence leaving the South line of
643 Section 34, run along the Easterly and Northerly
644 boundary of said Plat following courses; N 00°13’59”
645 W, 29.01 feet; N 14°42’28” W, 114.62 feet; N 06°53’49”
646 W, 123.97 feet to a point of curvature of a curve
647 concave Easterly having a radius of 25.00 feet, and a
648 central angle of 16°36’26”; run Northerly along the
649 arc of said curve, 7.25 feet; N 09°42’37” E, 104.21
650 feet to a point of curvature of a curve concave
651 Southeasterly having a radius of 25.00 feet, and a
652 central angle of 51°24’11”; run Northeasterly along
653 the arc of said curve, 22.43 feet; N 61°06’48” E,
654 53.88 feet; N 71°34’02” E, 17.56 feet; N 18°25’51” W,
655 18.21 feet to a point on a non-tangent curve concave
656 Northeasterly having a radius of 50.00 feet, and a
657 central angle of 106°48’50”; from a tangent bearing of
658 N 80°45’36” W run Northwesterly along the arc of said
659 curve, 93.21 feet; N 31°47’40” W, 44.69 feet to a
660 point on a non-tangent curve concave Northwesterly
661 having a radius of 436.00 feet, and a central angle of
662 15°56’47”; from a tangent bearing of S 58°12’21” W run
663 Southwesterly along the arc of said curve, 121.35
664 feet; S 74°09’08” W, 308.68 feet to a point of
665 curvature of a curve concave Southeasterly having a
666 radius of 514.00 feet, and a central angle of
667 20°05’00”; run Southwesterly along the arc of said
668 curve, 180.17 feet; S 54°04’10” W, 67.69 feet to a
669 point of curvature of a curve concave Northerly having
670 a radius of 315.00 feet, and a central angle of
671 35°55’53”; run Westerly along the arc of said curve,
672 197.54 feet; N 89°59’58” W, 83.84 feet to a point of
673 curvature of a curve concave Northerly having a radius
674 of 381.00 feet, and a central angle of 34°07’58”; run
675 Westerly along the arc of said curve, 226.97 feet; to
676 a point of reverse curvature of a curve concave
677 Southerly having a radius of 384.88 feet, and a
678 central angle of 34°00’28”; run Westerly along the arc
679 of said curve, 228.44 feet; to a point of reverse
680 curvature of a curve concave Northerly having a radius
681 of 185.00 feet, and a central angle of 35°39’45”; run
682 Westerly along the arc of said curve, 115.15 feet; to
683 a point of compound curvature of a curve concave
684 Easterly having a radius of 47.00 feet, and a central
685 angle of 130°32’06”; run Northerly along the arc of
686 said curve, 107.08 feet; N 76°19’21” E, 28.14 feet; S
687 89°22’47” E, 9.24 feet; N 75°08’23” E, 42.15 feet; N
688 66°44’45” E, 45.92 feet; N 58°10’56” E, 7.13 feet; N
689 40°00’00” E, 8.68 feet; N 28°21’12” E, 21.50 feet; N
690 19°11’06” E, 7.97 feet; N 05°44’49” E, 22.07 feet; N
691 09°37’03” E, 18.85 feet; N 28°18’59” E, 25.32 feet; N
692 39°33’24” E, 18.56 feet; N 51°48’12” E, 17.01 feet; N
693 53°20’03” E, 12.93 feet; N 67°23’56” E, 18.89 feet; N
694 61°31’34” E, 16.11 feet; N 85°31’20” E, 16.65 feet; S
695 84°27’04” E, 14.79 feet; S 66°07’30” E, 25.25 feet; S
696 70°01’08” E, 21.22 feet; S 76°11’40” E, 28.29 feet; S
697 81°04’45” E, 15.99 feet; S 63°15’14” E, 32.58 feet; S
698 71°35’23” E, 7.28 feet; S 83°45’15” E, 20.77 feet; N
699 86°06’18” E, 21.64 feet; S 75°49’09” E, 17.31 feet; S
700 87°55’16” E, 10.48 feet; N 72°43’50” E, 26.75 feet; N
701 60°42’21” E, 36.44 feet; N 77°16’53” E, 19.62 feet; N
702 68°37’24” E, 7.52 feet; N 57°06’15” E, 21.62 feet; N
703 48°30’29” E, 7.40 feet; N 29°59’26” E, 8.68 feet; N
704 13°42’55” E, 39.82 feet; N 10°06’24” E, 32.03 feet; N
705 01°43’31” W, 29.22 feet; N 05°37’39” W, 26.82 feet; N
706 12°01’53” W, 42.36 feet; N 21°06’43” W, 7.72 feet; N
707 36°50’10” W, 37.65 feet; N 47°37’33” W, 25.00 feet; N
708 56°19’26” W, 44.83 feet; N 49°30’53” W, 55.06 feet; N
709 59°47’57” W, 8.89 feet; N 72°21’36” W, 36.00 feet; N
710 82°08’10” W, 65.71 feet; S 89°42’01” W, 51.60 feet; N
711 80°08’53” W, 56.11 feet; N 89°26’00” W, 8.09 feet; S
712 81°14’14” W, 46.34 feet; S 78°42’25” W, 40.49 feet; S
713 77°43’02” W, 63.74 feet; S 79°09’43” W, 47.65 feet; S
714 72°48’44” W, 44.03 feet; S 63°14’34” W, 42.60 feet; S
715 57°48’39” W, 28.70 feet; S 64°21’00” W, 20.44 feet; S
716 67°06’48” W, 29.21 feet; S 83°28’20” W, 29.99 feet; S
717 83°04’31” W, 27.06 feet; S 84°19’19” W, 42.81 feet to
718 a point of curvature of a curve concave Northeasterly
719 having a radius of 50.00 feet, and a central angle of
720 83°36’01”; run Northwesterly along the arc of said
721 curve, 72.95 feet; to a point of compound curvature of
722 a curve concave Easterly having a radius of 188.00
723 feet, and a central angle of 27°45’45”; run Northerly
724 along the arc of said curve, 91.10 feet; S 89°52’10”
725 W, 174.16 feet; thence departing said Plat run along
726 the West line of the Southwest 1/4 of Section 34, N
727 00°00’19” E, 313.89 feet to the Northwest corner of
728 the Southwest 1/4 of the Southwest 1/4 of Section 34
729 and the Northeast corner of the Southeast 1/4 of the
730 Southeast 1/4 of Section 33, Township 24 South, Range
731 27 East; thence continue N 00°00’19” E 498.35 feet to
732 the Southeast corner of the North 5/8 of the Northeast
733 1/4 of the Southeast 1/4 of Section 33; thence run
734 along the South line of the North 5/8 of the Northeast
735 1/4 of the Southeast 1/4 of Section 33, N 89°47’57” W,
736 1326.58 feet to the Southwest corner thereof; thence
737 run along the West line of the North 5/8 of the
738 Northeast 1/4, of the Southeast 1/4 of Section 33, N
739 00°00’31” E, 835.26 feet to the Northwest corner
740 thereof; thence run along the West line of the
741 Southeast 1/4 of the Northeast 1/4 of Section 33, N
742 00°00’25” E, 1321.43 feet to the Northwest corner
743 thereof; thence run along the North line of the
744 Southeast 1/4 of the Northeast 1/4 of Section 33, S
745 89°55’44” E, 1326.40 feet; to the Northeast corner
746 thereof; thence run along the West line of the
747 Northwest 1/4 of Section 34 Township 24 South Range 27
748 East, N 00°00’06” E, 1329.09 feet to the Northwest
749 corner thereof; thence N 89°53’53” E, 2679.47 feet
750 along the North line of the Northwest 1/4 of Section
751 34 to the Northeast corner thereof and the Southwest
752 corner of the Southeast 1/4 of Section 27, Township 24
753 South, Range 27 East; thence N 00°01’11” W, 3964.69
754 feet along the West line of the East 1/2 of Section 27
755 to the Southeast corner of the Northeast 1/4 of the
756 Northwest 1/4 of Section 27; thence S 89°37’54” W,
757 1332.15 feet along the South line of the Northeast 1/4
758 of the Northwest 1/4 of Section 27 to the Southwest
759 corner thereof; thence N 00°08’12” E, 1330.97 feet
760 along the West line of the Northeast 1/4 of the
761 Northwest 1/4 of Section 27 to the Northwest corner
762 thereof,; thence S 89°46’29” W, 1328.51 feet along the
763 North line of the Northwest 1/4 of Section 27 to the
764 Northwest corner of Section 27 and the Northeast
765 corner of Section 28, Township 24 South, Range 27
766 East; thence S 89°48’06” W, 1331.20 feet along the
767 North line of the Northeast 1/4 of the Northeast 1/4
768 of Section 28, to the Northeast corner of the West 1/2
769 of the Northeast 1/4 of Section 28; thence S 00°12’18”
770 W, 882.69 feet along the East line of the West 1/2 and
771 the Northeast 1/4 of Section 28, Township 24 South,
772 Range 27 East to a point on the Westerly right of way
773 line of State Road 429 as described in Official
774 Records Book 7070, Page 2553 and Book 7106, Page 2802
775 of the Public Records of Orange County Florida also
776 being a point on Flamingo Crossings East according to
777 the Plat thereof and recorded in Plat Book 97, Page 95
778 of the Public Records of Orange County Florida and a
779 point on a non-tangent curve concave Southwesterly
780 having a radius of 2204.09 feet, and a central angle
781 of 07°27’37”; thence from a tangent bearing of N
782 29°38’58” W run Northwesterly along the arc of said
783 curve, right of way line and Plat, 286.99 feet; thence
784 continue along said right of way line and Plat the
785 following two courses; N 37°06’36” W, 690.17 feet to a
786 point on a non-tangent curve concave Northeasterly
787 having a radius of 808.57 feet, and a central angle of
788 09°35’40”; from a tangent bearing of N 38°37’50” W run
789 Northwesterly along the arc of said curve, 135.40
790 feet; thence departing said right of way line continue
791 along said Plat; N 88°48’31” W, 555.60 feet to a point
792 on the right of way line of Hartzog Road as described
793 in Official Records Book 9782, page 7172, Book 10170,
794 Page 4303, Book 10173, page 8868 and Book 10815, Page
795 4619 of the Public Records of Orange County Florida
796 and a point on a non-tangent curve concave Westerly
797 having a radius of 1010.00 feet, and a central angle
798 of 02°00’23”; from a tangent bearing of S 05°42’00” E
799 run Southerly along the arc of said curve, Plat and
800 right of way line, 35.37 feet; thence run along said
801 Plat and right of way line the following courses; S
802 00°27’57” W, 105.56 feet to a point of curvature of a
803 curve concave Westerly having a radius of 899.35 feet,
804 and a central angle of 05°39’43”; run Southerly along
805 the arc of said curve, 88.87 feet; S 06°07’41” W,
806 311.81 feet to a point of curvature of a curve concave
807 Easterly having a radius of 2004.50 feet, and a
808 central angle of 06°19’57”; run Southerly along the
809 arc of said curve, 221.54 feet; S 00°12’16” E, 702.26
810 feet; S 23°02’00” E, 19.33 feet; S 00°12’16” E, 198.27
811 feet; S 14°29’10” W, 29.80 feet to a point on a non
812 tangent curve concave Westerly having a radius of
813 2162.49 feet, and a central angle of 07°53’08”; from a
814 tangent bearing of S 00°12’49” W run Southerly along
815 the arc of said curve, 297.62 feet; S 08°05’57” W,
816 46.90 feet; N 81°54’04” W, 10.00 feet; S 08°05’57” W,
817 154.78 feet; S 81°54’04” E, 5.50 feet to a point on a
818 non-tangent curve concave Westerly having a radius of
819 1175.00 feet, and a central angle of 07°00’25”; from a
820 tangent bearing of S 08°05’57” W run Southerly along
821 the arc of said curve, 143.70 feet; S 00°07’03” W,
822 13.59 feet; thence departing said Plat continue along
823 said right of way line, the following courses; N
824 89°54’54” W, 160.89 feet to a point on a non-tangent
825 curve concave Westerly having a radius of 1025.00
826 feet, and a central angle of 10°07’39”; from a tangent
827 bearing of N 18°13’36” E run Northerly along the arc
828 of said curve, 181.18 feet; S 81°54’03” E, 5.50 feet;
829 N 08°05’57” E, 201.68 feet to a point of curvature of
830 a curve concave Westerly having a radius of 2013.49
831 feet, and a central angle of 08°18’12”; run Northerly
832 along the arc of said curve, 291.80 feet; N 00°12’16”
833 W, 931.40 feet to a point of curvature of a curve
834 concave Easterly having a radius of 2153.50 feet, and
835 a central angle of 06°19’57”; run Northerly along the
836 arc of said curve, 238.01 feet; N 06°07’41” E, 291.80
837 feet; N 00°07’03” E, 196.68 feet to a point on the
838 South line of the Southwest 1/4 of Section 21,
839 Township 24 South, Range 27 East; thence departing
840 said right of way line, S 89°49’36” W, 453.70 feet
841 along the South line of the Southwest 1/4 of Section
842 21, Township 24 South, Range 27 East to a point on
843 Flamingo Crossings West according to the Plat thereof
844 and recorded in Plat Book 100, Page 37 of the Public
845 Records of Orange County Florida; thence run along
846 said Plat the following three courses; N 40°17’32” W,
847 323.52 feet; N 32°21’38” W, 271.63 feet; N 34°30’31”
848 W, 120.76 feet; thence N 46°26’37” W, 108.80 feet
849 along said Plat and its Northwesterly extension;
850 thence S 89°49’14” W, 28.71 feet to a point of
851 curvature of a curve concave Southerly having a radius
852 of 934.00 feet, and a central angle of 01°05’30”;
853 thence run Westerly along the arc of said curve, 17.79
854 feet; thence S 00°10’31” E, 11.26 feet; thence S
855 89°49’29” W, 28.35 feet; thence S 04°02’58” E, 4.66
856 feet; thence S 86°05’06” W, 22.85 feet; thence N
857 03°54’54” W, 6.14 feet; thence S 89°49’29” W, 173.97
858 feet to a point of curvature of a curve concave
859 Northerly having a radius of 2158.53 feet, and a
860 central angle of 24°05’38”; thence run Westerly along
861 the arc of said curve, 907.70 feet; thence N 66°04’53”
862 W, 548.81 feet to a point on the West line of the
863 Southwest 1/4 of Section 21, Township 24 South, Range
864 27 East; thence run along said line, S 00°35’44” W,
865 1052.90 feet to the Southwest corner thereof; thence
866 entering Section 20, Township 24 South, Range 27 East
867 run S 89°18’37” W, 2676.09 feet along the South line
868 of the Southeast 1/4 of said Section 20, to the
869 Southwest corner thereof; thence N 89°32’00” W,
870 2636.90 feet run along the South line of the Southwest
871 1/4 of said Section 20, to the Southwest corner
872 thereof; thence N 00°12’29” E, 1187.50 feet along the
873 West line of the Southwest 1/4 of said Section 20;
874 thence entering Section 19, Township 24 South, Range
875 27 East run, S 89°00’18” W, 988.08 feet along the
876 South line of the North 150.00 feet of the Southeast
877 1/4 of the Southeast 1/4 of said Section 19, to a
878 point on the Easterly right of way line of Avalon
879 Boulevard as described in Deed Book 402, Page 312,
880 Deed Book 402, Page 353 and Deed Book 357 of the
881 Public Records of Orange County Florida; thence run
882 along said right of way line the following two
883 courses; N 19°17’43” E, 1348.72 feet to a point on a
884 non-tangent curve concave Easterly having a radius of
885 2832.01 feet, and a central angle of 04°49’44”; from a
886 tangent bearing of N 19°16’05” E run Northerly along
887 the arc of said curve, 238.69 feet to a point on the
888 North line of the Northeast 1/4 of the Northeast 1/4
889 of the Southeast 1/4 of said Section 19; thence N
890 88°44’55” E, 459.61 feet along said line to the
891 Northeast corner of the Southeast 1/4 of said Section
892 19; thence entering Section 20, Township 24 South,
893 Range 27 East run N 00°13’41” E, 708.14 feet along the
894 West line of the Northwest 1/4 of said Section 20 to a
895 point on the aforesaid Avalon Road right of way line
896 and a point on a non-tangent curve concave
897 Southeasterly having a radius of 2829.41 feet, and a
898 central angle of 01°55’19”; thence from a tangent
899 bearing of N 41°26’37” E run Northeasterly along the
900 arc of said curve and right of way line, 94.91 feet;
901 thence N 43°21’56” E, 753.57 feet along said right of
902 way line to a point on the North line of the South 1/2
903 of the Northwest 1/4 of said Section 20; thence N
904 89°50’32” E, 2068.41 feet along said line to the
905 Southeast corner of the Northeast 1/4 of the Northwest
906 1/4 of said Section 20; thence N 00°21’49” E, 1334.18
907 feet along the West line of the Northwest 1/4 of the
908 Northeast 1/4 of said Section 20 to the Northwest
909 corner of the Northeast 1/4; thence S 89°45’19” E,
910 2697.33 feet along the North line of the Northeast 1/4
911 of said Section 20 to the Northeast corner of said
912 Section 20 and the Southeast corner of Section 17,
913 Township 24 South, Range 27 East; thence entering said
914 Section 17 N 00°02’13” E, 2669.40 feet along the East
915 line of the Southeast 1/4 of Section 17 to the
916 Northeast corner thereof; thence S 89°43’49” W,
917 1347.90 feet along the South line of the East 1/2 of
918 the Northeast 1/4 of Section 17, to the Southwest
919 corner thereof; thence N 00°18’18” W, 2652.68 feet
920 along the West line of the East 1/2 of the Northeast
921 1/4 of Section 17 to the Northwest corner thereof;
922 thence S 89°39’31” W, 2661.03 feet along the North
923 line of Section 17 to the Northwest corner of the
924 Northeast 1/4 of the Northwest 1/4 of Section 17 and
925 the Southwest corner of the Southeast 1/4 of the
926 Southwest 1/4 of Section 8, Township 24 South, Range
927 27 East; thence N 00°24’44” E, 242.11 feet along the
928 West line of the Southeast 1/4 of the Southwest 1/4 of
929 Section 8 to a point on the Easterly right-of-way line
930 of County Road 545 as described in Deed Book 402, Page
931 355 of the Public Records of Orange County Florida;
932 said point being a point on a non-tangent curve
933 concave Westerly, having a radius of 2826.01 feet, and
934 a central angle of 19°14’15”; thence from a tangent
935 bearing of N 18°34’50” E, run Northerly along the arc
936 of said curve and right-of-way, 948.86 feet; thence
937 continue along said right-of-way, N 00°39’25” W,
938 141.86 feet; thence N 89°41’27” E, 1188.92 feet along
939 the North line of the Southeast 1/4 of the Southwest
940 1/4 of Section 8 to the Northeast corner thereof;
941 thence N 00°15’09” E, 1315.34 feet along the West line
942 of the Northwest 1/4 of the Southeast 1/4 of Section 8
943 to the Northwest corner thereof; thence N 00°14’57” E,
944 50.00 feet along the West line of the Northeast 1/4 of
945 Section 8 to a point on the Northerly right-of-way
946 line of Hartzog Road as described in Official Records
947 Book 9782, Page 7172 of the Public Records of Orange
948 County Florida; thence run along said right-of-way
949 line the following three courses; N 89°43’25” E,
950 671.30 feet; N 23°57’49” E, 158.82 feet to a point on
951 a non-tangent curve concave Southwesterly having a
952 radius of 2750.09 feet, and a central angle of
953 04°43’07”; from a tangent bearing of S 33°16’29” E run
954 Southeasterly along the arc of said curve, 226.49
955 feet; thence N 89°43’24” E, 1038.21 feet along the
956 North line of the Southeast 1/4 of Section 8; to a
957 point on Deed recorded in Official Records Book 7121,
958 Page 2952 of the Public Records of Orange County
959 Florida; and a point on a non-tangent curve concave
960 Southerly having a radius of 2894.93 feet, and a
961 central angle of 08°15’21”; thence entering Section 9,
962 Township 24 South, Range 27 East, from a tangent
963 bearing of N 82°01’15” W run Westerly along the arc of
964 said curve and Deed, 417.14 feet; thence S 89°43’24”
965 W, 258.73 feet along said Deed to a point on the
966 Easterly right of way line of State Road 429 as
967 recorded in Official Records Book 7106, Page 7802 of
968 the Public Records of Orange County Florida; thence
969 run along said right of way line the following two
970 courses; N 21°29’36” W, 110.97 feet; N 20°48’24” W,
971 1048.03 feet; thence N 00°08’24” E, 211.55 feet along
972 the West line of the East 530.00 feet of the Southwest
973 1/4 of the Northeast 1/4 of said Section 8; thence S
974 89°41’25” W, 797.83 feet along the South line of the
975 North 1/2 of the Northeast 1/4 of said Section 8;
976 thence S 89°34’56” W, 1230.74 feet along the South
977 line of the Northeast 1/4 of the Northwest 1/4 of said
978 Section 8 to a point on the Easterly right of way line
979 of Avalon Boulevard as described in Deed Book 402,
980 Page 355 of the Public Records of Orange County
981 Florida; thence run along said right of way line the
982 following three courses; N 00°39’25” W, 853.44 feet to
983 a point on a non-tangent curve concave Easterly having
984 a radius of 3241.05 feet, and a central angle of
985 05°37’30”; from a tangent bearing of N 00°36’59” W run
986 Northerly along the arc of said curve, 318.19 feet; N
987 05°00’31” E, 152.48 feet; thence N 89°26’29” E,
988 1220.84 feet along the North line of the Northwest 1/4
989 of said Section 8 to the Northeast corner thereof;
990 thence N 89°39’25” E, 2650.62 feet along the North
991 line of the Northeast 1/4 of said Section 8 to the
992 Northeast corner thereof; thence entering Section 9,
993 Township 24 South, Range 27 East run, N 89°46’07” E,
994 1608.33 feet along the North line of the Northwest 1/4
995 of said Section 9; to a point on Southerly right of
996 way line of Seidel Road as described in Deed Book 789,
997 Page 243 and Deed Book 892, Page 552 of the Public
998 Records of Orange County Florida and a non-tangent
999 curve concave Northerly having a radius of 357.62
1000 feet, and a central angle of 23°38’08”; thence from a
1001 tangent bearing of S 66°08’04” W run Westerly along
1002 the arc of said curve and right of way line, 147.53
1003 feet; thence run along said right of way line the
1004 following three courses; S 89°46’01” W, 139.26 feet; S
1005 89°46’07” W, 1325.83 feet; S 89°39’24” W, 554.03 feet;
1006 thence run along a right of way line described in
1007 Official Records Book 7070, Page 2553 of the Public
1008 Records of Orange County Florida the following; S
1009 00°20’32” E, 20.00 feet; S 89°39’28” W, 363.61 feet; S
1010 84°38’15” W, 372.03 feet; S 00°20’32” E, 14.94 feet; S
1011 89°40’22” W, 138.87 feet; S 42°20’36” W, 55.11 feet; S
1012 00°03’00” W, 857.17 feet to a point of curvature of a
1013 curve concave Northeasterly having a radius of 250.01
1014 feet, and a central angle of 90°21’35”; run
1015 Southeasterly along the arc of said curve, 394.28
1016 feet; N 89°41’19” E, 364.69 feet; S 00°18’35” E, 80.00
1017 feet; S 89°41’25” W, 481.37 feet; thence departing
1018 said right of way line run, S 89°41’25” W, 60.00 feet
1019 along the South line of the North 1/2 of the Northeast
1020 1/4 of said Section 8; thence N 00°08’23” E, 27.18
1021 feet along a line that is 60.00 feet West of and
1022 parallel with East line of the Northwest 1/4 of the
1023 Northeast 1/4 of said Section 8; to a point on the
1024 aforesaid right of way line and a non-tangent curve
1025 concave Northeasterly having a radius of 350.02 feet,
1026 and a central angle of 61°30’34”; from a tangent
1027 bearing of N 60°12’31” W run Northwesterly along the
1028 arc of said curve and right of way line, 375.76 feet;
1029 thence departing said right of way line run, S
1030 89°41’15” W, 483.83 feet along a right of way line
1031 described in Official Records Book 7106, Page 2802 of
1032 the Public Records of Orange County Florida to a point
1033 that is 10.00 feet Easterly of when measure
1034 perpendicular to the Easterly right of way line of
1035 aforesaid State Road 429; and a point on a non-tangent
1036 curve concave Easterly having a radius of 3721.85
1037 feet, and a central angle of 03°53’37”; thence from a
1038 tangent bearing of S 16°54’47” E run Southerly along
1039 the arc of said curve and a line that is 10.00 feet
1040 Easterly of and parallel with said right of way line,
1041 252.93 feet; thence S 20°48’24” E, 96.16 feet along
1042 said parallel to its intersection with a line that is
1043 10.00 feet North of and parallel with the South line
1044 of the Northwest 1/4 of the Northeast 1/4 of said
1045 Section 8; thence N 89°41’25” E, 83.88 feet along said
1046 line that is 10.00 feet North of and parallel with the
1047 South line of the Northwest 1/4 of the Northeast 1/4
1048 of said Section 8, to its intersection with the West
1049 line of the East 520.00 feet of the Southwest 1/4 of
1050 the Northeast 1/4 of said Section 8; thence S
1051 00°08’24” W, 219.78 feet along the West line of the
1052 East 520.00 feet of the Southwest 1/4 of the Northeast
1053 1/4 of said Section 8, to its intersection with a line
1054 that is 10.00 feet East of when measure perpendicular
1055 to the Easterly right of way line of aforesaid State
1056 Road 429; thence S 20°48’24” E, 836.45 feet along said
1057 parallel line to a point on a Deed described in
1058 Official Records Book 9324, Page 367 of the Public
1059 Records of Orange County Florida; thence run along
1060 said Deed the following six courses; S 87°25’27” E,
1061 291.32 feet; thence N 88°48’53” E, 166.97 feet; N
1062 86°44’00” E, 142.45 feet; N 06°27’19” W, 91.16 feet; N
1063 28°52’42” E, 302.51 feet; N 69°30’43” E, 659.82 feet
1064 to a point on a deed described in Official Records
1065 Book 10810, Page 147 of the Public Records of Orange
1066 County Florida; thence run along said Deed the
1067 following four courses; N 84°17’43” E, 306.52 feet; N
1068 55°03’52” E, 1274.60 feet; N 33°11’17” E, 877.94 feet;
1069 N 08°37’23” E, 258.89 feet; thence N 89°46’07” E,
1070 980.18 feet along the North line of the Northwest 1/4
1071 of said Section 9 to the Northeast corner thereof;
1072 thence S 00°03’05” W, 2653.53 feet along the East line
1073 of the Northwest 1/4 of said Section 9 to the
1074 Southeast corner thereof; thence S 89°44’05” W,
1075 1325.36 feet along the South line of the Southeast 1/4
1076 of the Northwest 1/4 of Section 9 to the Southwest
1077 corner thereof; thence S 00°08’51” W, 1314.23 feet
1078 along the East line of the Northwest 1/4 of the
1079 Southwest 1/4 of Section 9 to the Southeast corner
1080 thereof; thence N 89°45’10” E, 1327.55 feet along the
1081 North line of the Southeast 1/4 of the Southwest 1/4
1082 of Section 9 to the Northeast corner thereof; thence S
1083 00°03’05” W, 1314.64 feet along the East line of the
1084 Southeast 1/4 of the Southwest 1/4 of Section 9 to the
1085 Southeast corner of the Southwest 1/4 of Section 9;
1086 thence N 89°53’46” E, 2633.36 feet along the South
1087 line of the Southeast 1/4 of Section 9 to the
1088 Southeast corner thereof and the Southwest corner of
1089 Section 10, Township 24 South, Range 27 East; thence N
1090 00°15’35” E, 5286.81 feet along the West section line
1091 of Section 10 to the Northwest corner thereof and the
1092 Southwest corner of Section 3, Township 24 South,
1093 Range 27 East; thence N 00°11’50” W, 2661.64 feet
1094 along the West line of the Southwest 1/4, Section 3 to
1095 the Northwest corner thereof; thence N 89°39’50” E,
1096 3976.31 feet along the North line of the South half of
1097 Section 3 to the Northeast corner of the Northwest 1/4
1098 of the Southeast 1/4 of Section 3; thence S 00°04’39”
1099 E, 1326.78 feet along the East line of the Northwest
1100 1/4 of the Southeast 1/4 of Section 3 to the Northwest
1101 corner of the Southeast 1/4 of the Southeast 1/4 of
1102 Section 3; thence N 89°37’16” E, 1328.99 feet along
1103 the North line of the Southeast 1/4 of the Southeast
1104 1/4 of Section 3 to the Northeast corner thereof and
1105 the Northwest corner of the Southwest 1/4 of the
1106 Southwest 1/4 of Section 2, Township 24 South, Range
1107 27 East; thence N 00°07’50” W, 1325.78 feet along the
1108 West line of Northwest 1/4, of the Southwest 1/4, of
1109 Section 2 to the Northwest corner thereof; thence N
1110 00°07’43” W, 400.13 feet along the West line of the
1111 Northwest 1/4, of Section 2; thence run along the
1112 Northerly boundary of a deed recorded in Official
1113 Records Book 1457, Page 934 of the Public Records of
1114 Orange County Florida the following three courses; N
1115 86°46’13” E, 1024.87 feet; N 77°37’23” E, 1103.42
1116 feet; N 53°18’38” E, 1872.82 feet to a point on the
1117 Southerly right-of-way line of Reams Road as shown on
1118 Plat book 3, Page 85 of the Public Records of Orange
1119 County Florida; thence run along said right-of-way
1120 line the following three courses; S 43°40’10” E,
1121 1382.92 feet to the beginning of a curve concave to
1122 the Northeast, having a radius of 546.86 feet and a
1123 central angle of 46°21’00”; thence run Southeasterly
1124 along the arc of said curve 442.39 feet; thence N
1125 89°58’50” E, 341.61 feet; thence leaving said right
1126 of-way, run S 00°19’24” E, 603.75 feet along the East
1127 line of the Northeast 1/4 of Section 2, to the
1128 Southeast corner thereof, and the Northwest corner of
1129 the Northwest 1/4 of the Southwest 1/4 of Section 1,
1130 Township 24 South, Range 27 East; thence N 89°43’47”
1131 E, along the North line of the Northwest 1/4 of the
1132 Southwest 1/4 of Section 1, 1297.19 feet to a point 25
1133 feet West of the Northeast corner of the Northwest 1/4
1134 of the Southwest 1/4 of Section 1; thence N 00°12’21”
1135 W, 598.76 feet along a line that is 25.00 feet West of
1136 and parallel to the West line of the Southeast 1/4 of
1137 the Northwest 1/4 of Section 1 to the Southerly right
1138 of-way line of aforesaid Reams Road; thence N
1139 89°56’46” E, 100.00 feet along said Southerly right
1140 of-way of Reams Road; thence run along the Easterly
1141 and Northerly boundary of a deed recorded in Official
1142 Records Book 1465, Page 307 of the Public Records of
1143 Orange County Florida the following five courses; S
1144 02°04’12” E, 523.43 feet; N 89°43’40” E, 52.00 feet; S
1145 00°12’21” E, 49.00 feet; N 89°43’41” E, 229.00 feet; S
1146 00°12’25” E, 26.23 feet; thence N 89°43’47” E, 1039.16
1147 feet along the North line of the South half of Section
1148 1 to a point 90.00 feet East of the Northeast corner
1149 of the Southwest 1/4 of Section 1; thence S 05°34’33”
1150 W, 911.86 feet; thence S 00°05’18” E, 420.00 feet
1151 along the East line of the Northeast 1/4 of the
1152 Southwest 1/4 of Section 1 to the Southeast corner
1153 thereof; thence N 89°44’10” E, 2649.93 feet along the
1154 North line of the South half of the Southeast 1/4 of
1155 Section 1 to the Point of Beginning, containing
1156 18508.530 acres more or less.
1157
1158 Less the following described parcels:
1159
1160 That portion of Lots 110 and 111 of the Munger and
1161 Company Subdivision of Section 22, Township 24 South,
1162 Range 28 East according to the Plat recorded in Plat
1163 Book E Page 22 of the Public Records of Orange County
1164 Florida, being more particularly described as:
1165
1166 Commence at the Northwest corner of the Southwest 1/4
1167 of the Southwest 1/4 of Section 22, run S 89°27’13” E,
1168 464.18 feet along the North line of the Southwest 1/4
1169 of the Southwest 1/4 of Section 22; thence S 00°32’47”
1170 W, 15.00 feet to a point on the North line of said Lot
1171 111 and the Point of Beginning; thence S 89°27’13” E,
1172 300.00 feet along the North line of Lots 110, and 111
1173 to the West right-of-way of State Road 535 as shown in
1174 map section 75280-2465 and dated 2/22/1993; thence S
1175 04°05’32” E, 150.49 feet along the said right-of-way;
1176 thence N 89°27’13” W, 312.17 feet along the South line
1177 of the North 150.00 feet said Lots 110 and 111; thence
1178 N 00°32’47” E, 150.00 feet to the Point of Beginning,
1179 containing 1.054 acres more or less.
1180
1181 AND
1182
1183 That part of the Northwest 1/4 of the Southeast 1/4 of
1184 the Southwest 1/4 and the Northeast 1/4 of the
1185 Southwest 1/4 of the Southwest 1/4 of Section 22,
1186 Township 24 South, Range 28 East, being more
1187 particularly described as:
1188
1189 Commence at the Northwest corner of the Southwest 1/4
1190 of the Southwest 1/4 of Section 22, run along the
1191 North line of the South 1/2 of the Southwest 1/4 of
1192 Section 22, S 89°27’13” E, 985.26 feet, to the Point
1193 of Beginning; thence continue along said line S
1194 89°27’13” E, 642.78 feet; thence run along the
1195 Westerly right-of-way line of State Road 400 as shown
1196 in map section 75280-2465 and dated 2/22/1993 the
1197 following three courses; S 46°05’23” W, 681.12 feet to
1198 a point on a non-tangent curve concave Northerly
1199 having a radius of 60.00 feet, and a central angle of
1200 118°45’23”; from a tangent bearing of S 46°06’36” W
1201 run Westerly along the arc of said curve, 124.36 feet;
1202 N 15°07’40” W, 205.41 feet; thence run along the West
1203 line of Lot 109 of the Munger and Company Subdivision
1204 of Section 22, according to the Plat recorded in Plat
1205 Book E Page 22 of the Public Records of Orange County
1206 Florida, N 00°14’30” E, 252.64 feet to the Point of
1207 Beginning, containing 4.225 acres more or less.
1208
1209 AND
1210
1211 A parcel of land lying in Section 21, Township 24
1212 South, Range 27 East, Orange County, Florida, and
1213 being more particularly described as follows:
1214
1215 Commence at the Southwest corner of the Southeast 1/4
1216 of said Section 21, run along the South line of the
1217 Southeast 1/4 of said Section 21, N 89°48’15” E,
1218 660.44 feet; thence run along the East line of the
1219 West 1/2 of the Southwest 1/4 of the Southeast 1/4 of
1220 said Section 21, N 00°06’58” E, 45.92 feet to a point
1221 on the right of way line of State Road 429 as
1222 described in Official Records Book 7106, Page 2802 of
1223 the Public Records of Orange County Florida and the
1224 Point of Beginning; thence run along said right of way
1225 line the following courses; said point being on a non
1226 tangent curve concave Easterly having a radius of
1227 808.57 feet, and a central angle of 12°10’43”; from a
1228 tangent bearing of N 27°06’04” W run Northerly along
1229 the arc of said curve, 171.87 feet; to a point on a
1230 non-tangent curve concave Easterly having a radius of
1231 813.16 feet, and a central angle of 13°13’43”; from a
1232 tangent bearing of N 13°24’32” W run Northerly along
1233 the arc of said curve, 187.75 feet; N 00°10’49” W,
1234 34.65 feet; N 34°53’25” W, 249.37 feet; thence S
1235 89°49’15” W, 363.27; thence S 44°56’13” W, 63.78 feet;
1236 thence N 00°05’30” E, 270.02 feet; thence S 45°02’35”
1237 E, 63.51 feet; thence N 89°49’15” E, 487.12 feet;
1238 thence N 00°10’49” W, 63.00 feet to a point on a non
1239 tangent curve concave Northerly having a radius of
1240 230.30 feet, and a central angle of 26°54’59”; thence
1241 from a tangent bearing of N 89°49’10” E run Easterly
1242 along the arc of said curve, 108.19 feet; thence S
1243 00°06’57” W, 854.01 feet along the East line of the
1244 West 1/2 of the Southwest 1/4 of the Southeast 1/4 of
1245 said Section 21 to the Point of Beginning, containing
1246 4.099 Acres, more or less.
1247
1248 AND
1249
1250 A parcel of land lying in Section 8, Township 24
1251 South, Range 27 East, Orange County, Florida, and
1252 being more particularly described as follows:
1253 Commence at the Southwest corner of said Section 8,
1254 run along the South line of the Southwest 1/4 of said
1255 Section 8, N 89°50’41” E, 1330.48 feet to the
1256 Southwest corner of the Southeast 1/4 of the Southwest
1257 1/4 of said Section and Point of Beginning; thence run
1258 along the West line of the Southeast 1/4 of the
1259 Southwest 1/4 of said Section, N 00°34’59” E, 242.55
1260 feet to a point on the Easterly right of way line of
1261 County Road 545 as shown on Orange County right of way
1262 map, Project number 12167.001 dated November 14, 2014
1263 and a point on a non-tangent curve concave Westerly
1264 having a radius of 3060.00 feet, and a central angle
1265 of 18°29’12”; thence from a tangent bearing of N
1266 18°00’02” E run Northerly along the arc of said curve
1267 and right of way line, 987.32 feet; thence run along
1268 said right of way line, N 00°29’10” W, 101.48 feet;
1269 thence run along the North line of the Southeast 1/4
1270 of the Southwest 1/4 of said Section, N 89°52’12” E,
1271 1189.00 feet to the Northeast corner thereof; thence
1272 run along the West line of the Northwest 1/4 of the
1273 Southeast 1/4 of said Section, N 00°25’36” E, 1264.73
1274 feet to a point on the Hartzog Road right of way line
1275 as described in Official Records Book 9735, Page 8005
1276 of the Public Records of Orange County Florida; thence
1277 run along said right of way line the following four
1278 courses; N 89°53’40” E, 207.17 feet to a point of
1279 curvature of a curve concave Southwesterly having a
1280 radius of 802.00 feet, and a central angle of
1281 65°19’49”; run Southeasterly along the arc of said
1282 curve, 914.46 feet; S 24°46’31” E, 499.49 feet; thence
1283 S 23°37’46” E, 1806.70 feet to a point on the South
1284 line of said Section 8; thence run along said South
1285 line, S 89°50’41” W, 3220.01 feet to the Point of
1286 Beginning, containing 114.287 Acres, more or less.
1287
1288 AND
1289
1290 A parcel of land lying in Section 21, Township 24
1291 South, Range 27 East, Orange County, Florida, and
1292 being more particularly described as follows:
1293
1294 Commence at the Southwest corner of the Southeast 1/4
1295 of said Section 21, run along the West line of the
1296 Southeast 1/4 of said Section 21, N 00°05’30” E,
1297 2639.67 feet to the Northwest corner thereof; thence S
1298 89°44’35” E, 242.86 feet along the North line of the
1299 Southeast 1/4 of said Section 21, to a point on the
1300 Westerly right of way line of State Road 429 as
1301 described in Official Records Book 7106, Page 2802 of
1302 the Public Records of Orange County Florida and the
1303 Point of Beginning; thence S 89°44’35” E, 373.80 feet
1304 along the North line of the Southeast 1/4 of said
1305 Section 21, to a point on the Easterly right of way
1306 line of State Road 429; thence run along said Easterly
1307 right of way line the following four courses; S
1308 23°48’31” E, 112.11 feet to a point of curvature of a
1309 curve concave Northeasterly having a radius of 2776.91
1310 feet, and a central angle of 18°14’12”; run
1311 Southeasterly along the arc of said curve, 883.86
1312 feet; S 42°02’46” E, 340.85 feet to a point of
1313 curvature of a curve concave Southwesterly having a
1314 radius of 1721.96 feet, and a central angle of
1315 09°21’52”; run Southeasterly along the arc of said
1316 curve, 281.43 feet; thence departing said Easterly
1317 right of way line run, N 89°58’14” W, 807.21 feet
1318 along the South line of the North 1/2 of the Southeast
1319 1/4 of said Section 21 to a point on the aforesaid
1320 Westerly right of way line; thence run along said line
1321 the following courses, N 17°48’35” W, 924.64 feet; S
1322 72°11’25” W, 37.05 feet; N 20°48’35” W, 481.54 feet to
1323 the Point of Beginning, containing 15.875 Acres, more
1324 or less.
1325
1326 Containing in aggregate 18368.992 acres more or less
1327 in Orange County Florida.
1328
1329 (2) In Osceola County, Florida:
1330 A parcel of land lying in Sections 1, 2, 11 through
1331 14, 23 through 26, Township 25 South, Range 27 East,
1332 and Sections 5 through 9, 16 through 20, 30 and 31,
1333 Township 25 South, Range 28 East, Osceola County,
1334 Florida, and being more particularly described as
1335 follows:
1336
1337 Begin at the Northwest corner of said Section 6, run
1338 along the North line of the Northwest 1/4 of Section
1339 6,Township 25 South, Range 28 East run, S 89°56’54” E,
1340 2748.82 feet to the Northeast corner thereof; thence S
1341 89°36’01” E, 2646.94 feet along the North line of the
1342 Northeast 1/4 of said Section 6 to the Northeast
1343 corner thereof; thence entering Section 5,Township 25
1344 South, Range 28 East run N 89°42’15” E, 2600.72 feet
1345 along the North line of the Northwest 1/4 of said
1346 Section 5 to the Northeast corner there of; thence S
1347 89°17’26” E, 153.63 feet along the North line of the
1348 Northeast 1/4 of said Section 5 to a point on the
1349 State Road 400 right of way line shown on Map Section
1350 92130-2401 and dated August 28, 1969; thence run along
1351 said right of way line the following three courses; S
1352 38°30’29” W, 248.14 feet to a point of curvature of a
1353 curve concave Northwesterly having a radius of
1354 85794.19 feet, and a central angle of 01°26’58”; run
1355 Southwesterly along the arc of said curve, 2170.39
1356 feet; S 39°57’27” W, 2021.20 feet; thence S 01°12’07”
1357 W, 1838.47 feet along the West line of the Southwest
1358 1/4 of said Section 5 to the Southwest corner thereof;
1359 thence entering Section 8,Township 25 South, Range 28
1360 East run N 89°47’15” E, 2643.05 feet along the North
1361 line of the Northwest 1/4 of said Section 8 to the
1362 Northeast corner thereof; thence N 89°44’15” E,
1363 2642.73 feet along the North line of the Northeast 1/4
1364 of said Section 8 to the Northeast corner thereof;
1365 thence entering Section 9,Township 25 South, Range 28
1366 East run N 89°47’42” E, 1315.60 feet along the North
1367 line of the West 1/2 of the Northwest 1/4 of said
1368 Section 9 to the Northeast corner thereof; thence S
1369 00°04’39” E, 2645.23 feet along the East line of the
1370 West 1/2 of the Northwest 1/4 of said Section 9;
1371 thence S 00°03’27” E, 1320.49 feet along the East line
1372 of the Northwest 1/4 of the Southwest 1/4 of said
1373 Section 9; thence N 89°46’36” E, 1311.24 feet along
1374 the North line of the Southeast 1/4 of the Southwest
1375 1/4 of said Section 9; thence N 89°54’53” E, 1343.01
1376 feet along the North line of the Southwest 1/4 of the
1377 Southeast 1/4 of said Section 9; thence S 00°00’12” E,
1378 1320.26 feet along the East line of the Southwest 1/4
1379 of the Southeast 1/4 of said Section 9; thence S
1380 89°58’40” W, 1342.90 feet along the South line of the
1381 Southwest 1/4 of the Southeast 1/4 of said Section 9;
1382 thence S 89°42’06” W, 1310.10 feet along the South
1383 line of the Southeast 1/4 of the Southwest 1/4 of said
1384 Section 9; thence entering Section 16,Township 25
1385 South, Range 28 East run S 00°42’14” E, 1335.79 feet
1386 along the East line of the Northwest 1/4 of the
1387 Northwest 1/4 of said Section 16; thence S 89°44’25”
1388 W, 1319.70 feet along the South line of the Northwest
1389 1/4 of the Northwest 1/4 of said Section 16; thence S
1390 00°17’31” E, 1334.87 feet along the West line of the
1391 Southwest 1/4 of the Northwest 1/4 of said Section 16;
1392 thence N 89°46’42” E, 2658.61 feet along the North
1393 line of the Southwest 1/4 of said Section 16; thence S
1394 01°06’54” E, 1338.43 feet along the East line of the
1395 Northeast 1/4 of the Southwest 1/4 of said Section 16;
1396 thence S 89°51’04” W, 2677.84 feet along the South
1397 line of the North 1/2, of the Southwest 1/4 of said
1398 Section 16; thence S 00°17’31” E, 1334.87 feet West
1399 line of the Southwest 1/4 of the Southwest 1/4 of said
1400 Section 16 to the Southwest corner of said Section 16;
1401 thence entering Section 20,Township 25 South, Range 28
1402 East run S 00°20’44” E, 5339.36 feet along the East
1403 line of said Section 20 to the Southeast corner
1404 thereof; thence S 89°31’09” W, 5313.04 feet along the
1405 South line of said Section 20 to the Southwest corner
1406 thereof; thence entering Section 30,Township 25 South,
1407 Range 28 East run S 00°24’07” W, 5287.28 feet along
1408 the East line of said Section 30 to the Southeast
1409 corner thereof; thence entering Section 31,Township 25
1410 South, Range 28 East run S 00°25’58” W, 2630.53 feet
1411 along the East line of the Northeast 1/4 of said
1412 Section 31 to the Southeast corner thereof; thence S
1413 00°26’32” W, 1339.91 feet along the East line of the
1414 Northeast 1/4 of the Southeast 1/4 of said Section 31;
1415 thence S 89°38’07” W, 1325.49 feet along the South
1416 line of the Northeast 1/4 of the Southeast 1/4 of said
1417 Section 31; thence N 00°21’55” E, 1337.78 feet along
1418 the West line of the Northeast 1/4 of the Southeast
1419 1/4 of said Section 31; thence S 89°32’39” W, 663.66
1420 feet along the South line of the East 1/2 of the West
1421 1/2 of the Northeast 1/4 of said Section 31; thence N
1422 00°19’27” E, 2635.75 feet along the West line of the
1423 East 1/2 of the West 1/2 of the Northeast 1/4 of said
1424 Section 31; thence entering Section 30,Township 25
1425 South, Range 28 East run S 89°41’46” W, 665.30 feet
1426 along the South line of the Southeast 1/4 of said
1427 Section 30 to the Southwest corner thereof; thence S
1428 89°41’31” W, 2661.88 feet along the South line of the
1429 Southwest 1/4 of said Section 30 to the Southwest
1430 corner thereof; thence entering Section 25, Township
1431 25 South, Range 27 East run S 89°54’33” W, 2658.96
1432 feet run along the South line of the Southeast 1/4 of
1433 said Section 25 to the Southwest corner thereof;
1434 thence S 89°52’03” W, 2644.80 feet along the South
1435 line of the Southwest 1/4 of said Section 25 to the
1436 Southwest corner thereof; thence entering Section
1437 26,Township 25 South, Range 27 East run S 89°49’42” W,
1438 1327.07 feet along the South line of the Southeast 1/4
1439 of the Southeast 1/4 of said Section 26; thence N
1440 00°03’44” W, 1330.70 feet along West line of the
1441 Southeast 1/4 of the Southeast 1/4 of said Section 26;
1442 thence S 89°52’21” W, 1326.94 feet along South line of
1443 the Northwest 1/4 of the Southeast 1/4 of said Section
1444 26; thence N 00°03’24” W, 1331.72 feet along West line
1445 of the Northwest 1/4 of the Southeast 1/4 of said
1446 Section 26; thence S 89°55’00” W, 1666.58 feet along
1447 the South line of the Northwest 1/4 of said Section
1448 26; thence N 00°00’25” W, 1930.44 feet along the West
1449 line of the East 5/8 of the Northwest 1/4 of said
1450 Section 26, to a point on the Easterly right of way
1451 line of State Road 400 as described in Official
1452 Records Book 2326, Page 701 of the Public Records of
1453 Osceola County Florida and a non-tangent curve concave
1454 Southeasterly having a radius of 3921.00 feet, and a
1455 central angle of 14°53’09”; thence from a tangent
1456 bearing of N 25°02’25” E run Northeasterly along the
1457 arc of said curve and right of way line, 1018.71 feet;
1458 thence continue along said right of way line the
1459 following two courses; N 39°57’15” E, 901.93 feet; N
1460 50°02’45” W, 9.00 feet; thence N 39°57’15” E, 654.77
1461 feet along the State Road 400 right of way line shown
1462 on Map Section 92130-2401 and dated August 28, 1969;
1463 thence N 89°45’55” E, 128.02 feet along the North line
1464 of the Southeast 1/4 of the Southwest 1/4 Section
1465 23,Township 25 South, Range 27 East; thence N
1466 00°05’36” E, 3974.79 feet along the West line of the
1467 East 1/2 of said Section 23; thence entering Section
1468 14,Township 25 South, Range 27 East run N 00°01’48” W,
1469 1338.67 feet along West line of the Southwest 1/4 of
1470 the Southeast 1/4 of said Section 14; thence S
1471 89°58’43” W, 431.70 feet along the South line of the
1472 Northeast 1/4 of the Southwest 1/4 of said Section 14;
1473 thence N 00°04’30” W, 1337.83 feet along the East line
1474 of the West 235.00 feet of the East 1/2 of the
1475 Northeast 1/4 of the Southwest 1/4 of said Section 14;
1476 thence S 89°52’00” W, 235.00 feet along the South line
1477 of the Northwest 1/4 of said Section 14; thence N
1478 00°04’30” W, 1328.24 feet along the West line of East
1479 1/2 of the Southeast 1/4 of the Northwest 1/4 of said
1480 Section 14; thence S 89°49’34” W, 334.40 feet along
1481 the South line of the East 1/2 of the West 1/2 of the
1482 Northeast 1/4 of the Northwest 1/4 of said Section 14;
1483 thence N 00°05’51” W, 1328.00 feet along the West line
1484 of the East 1/2 of the West 1/2 of the Northeast 1/4
1485 of the Northwest 1/4 of said Section 14; thence
1486 entering Section 11,Township 25 South, Range 27 East
1487 run S 89°47’08” W, 1004.74 feet along the Southwest
1488 1/4 of said Section 11; thence N 00°10’06” E, 666.14
1489 feet along the West line of the Southeast 1/4 of the
1490 Southwest 1/4 of the Southwest 1/4 of said Section 11;
1491 thence S 89°53’39” W, 419.88 feet along the South line
1492 of the Northwest 1/4 of the Southwest 1/4 of the
1493 Southwest 1/4 of said Section 11; thence N 00°16’32”
1494 E, 208.71 feet along a line that is 208.71 feet East
1495 of and parallel with the East right of way line of
1496 County Road 545 as shown on Map Section 9257-150 dated
1497 June 21, 1955; thence S 89°53’43” W, 208.71 feet along
1498 a line that is 208.71 feet North of and parallel with
1499 South line of the Southwest 1/4 of said Section 11;
1500 thence N 00°16’32” E, 458.63 feet along the aforesaid
1501 East right of way line of County Road 545; thence S
1502 89°59’41” E, 293.67 feet along the North line of the
1503 Northwest 1/4 of the Southwest 1/4 of the Southwest
1504 1/4 of said Section 11; thence N 00°13’21” E, 666.77
1505 feet along the West line of the East 1/2 of the
1506 Southwest 1/4 of the Northwest 1/4 of the Southwest
1507 1/4 of said Section 11; thence S 89°53’03” E, 666.11
1508 feet along the North line of the South 1/2 of the
1509 Northwest 1/4 of the Southwest 1/4 of said Section 11;
1510 thence N 00°06’58” E, 615.49 feet along the West line
1511 of the East 1/2 of the Northeast 1/4 of the Northwest
1512 1/4 of the Southwest 1/4 of said Section 11; thence S
1513 89°46’25” E, 332.34 feet along a line 50.00 feet South
1514 of and parallel with the North line of the Southwest
1515 1/4 of said Section 11; thence N 00°13’26” E, 50.00
1516 feet West line of the Northeast 1/4 of the Southwest
1517 1/4 of said Section 11; thence S 89°46’24” E, 332.44
1518 feet along the South line of the West 1/2 of the
1519 Southwest 1/4 of the Southeast 1/4 of the Northwest
1520 1/4 of said Section 11; thence N 00°00’19” W, 663.86
1521 feet along the West line of the East 1/2 of the
1522 Southwest 1/4 of the Southeast 1/4 of the Northwest
1523 1/4 of said Section 11; thence S 89°51’37” E, 331.87
1524 feet along the North line of the East 1/2 of the
1525 Southwest 1/4 of the Southeast 1/4 of the Northwest
1526 1/4 of said Section 11; thence N 00°03’15” W, 1328.72
1527 feet along the West line of the East 1/4 of the
1528 Northwest 1/4 of said Section 11; thence N 89°57’56”
1529 E, 661.47 feet along the North line of the Southeast
1530 1/4 of the Northeast 1/4 of the Northwest 1/4 of
1531 Section 11; thence N 00°09’07” W, 665.37 feet along
1532 the West line of the Northeast 1/4 of said Section 11
1533 to the Northwest corner of the Northeast 1/4 of said
1534 Section 11; thence entering Section 2,Township 25
1535 South, Range 27 East run N 00°22’03” E, 5290.72 feet
1536 along the West line of the East 1/2 of said Section 2;
1537 thence S 89°44’07” W, 495.03 feet along a line 10.00
1538 feet South of and parallel with the North line of the
1539 Northwest 1/4 of said Section 2; thence S 00°22’03” W,
1540 1390.09 feet along a line 495.00 feet West of and
1541 parallel with the West line of the East 1/2 of said
1542 Section 2; thence S 89°44’07” W, 2110.14 feet along a
1543 line 1400.00 feet South of and parallel with the North
1544 line of the Northwest 1/4 of said Section 2 to a point
1545 on the Easterly boundary of de-annexation Resolution
1546 No. 442 on record at Reedy Creek Improvement District;
1547 thence run along said boundary the following courses;
1548 N 02°17’23” E, 40.72 feet; N 18°56’28” E, 11.18 feet;
1549 N 00°08’32” E, 14.20 feet; N 45°08’32” E, 35.36 feet;
1550 S 89°51’28” E, 4.49 feet; N 00°08’32” E, 60.00 feet; N
1551 44°51’28” W, 35.36 feet; N 00°08’32” E, 10.44 feet; N
1552 44°51’28” W, 4.24 feet; N 00°08’32” E, 346.14 feet; N
1553 01°09’08” W, 176.69 feet; N 44°51’28” W, 39.61 feet; N
1554 00°08’32” E, 660.14 feet to a point on the North line
1555 of the Northwest 1/4 of said Section 2 and being 25.00
1556 feet East of the Northwest corner of said Section 2;
1557 thence N 89°44’07” E, 2636.05 feet along the North
1558 line of the Northwest 1/4 of said Section 2 to the
1559 Northeast corner thereof; thence N 89°48’35” E,
1560 2652.59 feet along the North line of the Northeast 1/4
1561 of said Section 2 to the Northeast corner thereof;
1562 thence entering Section 1,Township 25 South, Range 27
1563 East run N 89°46’36” E, 2656.21 feet along the North
1564 line of the Northwest 1/4 of said Section 1 to the
1565 Northeast corner thereof; thence N 89°50’04” E,
1566 2658.48 feet along the North line of the Northeast 1/4
1567 of said Section 1 to the Northeast corner thereof to
1568 the Point of Beginning, containing 11063.93, acres
1569 more or less.
1570
1571 Less and except the following:
1572
1573 A parcel of land lying in Sections 11 , Township 25
1574 South, Range 27 East, Osceola County, Florida, and
1575 being more particularly described as follows:
1576
1577 Commence at the Northwest corner of the Northeast 1/4
1578 of said Section 11, run along the West line of the
1579 Northeast 1/4 of said Section 11, S 00°09’07” E,
1580 132.00 feet; thence N 89°52’08” E, 1175.60 feet along
1581 a line that is 132.00 feet South of and parallel with
1582 the North line of the Northeast 1/4 of said Section 11
1583 to a point on the boundary of de-annexation Resolution
1584 No. 291 as described in Official Records Book 1235,
1585 Page 1769 of the Public Records of Osceola County,
1586 Florida, and the Point of Beginning; thence continue
1587 along aforesaid parallel line, N 89°52’08” E, 240.18
1588 feet to a point on a deed recorded in Official Records
1589 Book 1563, Page 2410 of the Public Records of Osceola
1590 County Florida; thence run along said line following
1591 two courses; S 79°55’37” E, 62.09 feet; N 89°52’08” E,
1592 193.48 feet to a point on a deed recorded in Official
1593 Records Book 1674, Page 2470 of the Public Records of
1594 Osceola County Florida; thence run along said deed the
1595 following five courses; S 00°07’52” E, 207.00 feet; S
1596 89°52’08” W, 350.00 feet; S 00°07’52” E, 500.00 feet;;
1597 N 89°52’08” E, 400.00 feet; N 00°07’52” W, 707.00 feet
1598 to a point on the aforementioned deed recorded in
1599 Official Records Book 1563, Page 2410; thence run
1600 along said deed the following courses; N 89°52’09” E,
1601 2.14 feet; S 45°03’23” E, 42.36 feet; S 00°00’00” E,
1602 174.79 feet to a point of curvature of a curve concave
1603 Easterly having a radius of 1597.84 feet, and a
1604 central angle of 09°05’25”; run Southerly along the
1605 arc of said curve, 253.51 feet; S 09°05’25” E, 282.87
1606 feet to a point of curvature of a curve concave
1607 Westerly having a radius of 1457.85 feet, and a
1608 central angle of 26°10’31”; run Southerly along the
1609 arc of said curve, 666.01 feet; S 17°05’06” W, 544.65
1610 feet to a point of curvature of a curve concave
1611 Northeasterly having a radius of 1597.85 feet, and a
1612 central angle of 102°07’51”; run Southeasterly along
1613 the arc of said curve, 2848.19 feet to a point on a
1614 deed recorded in Official Records Book 1674, Page 2470
1615 of the Public Records of Osceola County Florida;
1616 thence departing deed recorded in Official Records
1617 Book 1674, Page 2470 following the deed recorded in
1618 Official Records Book 1674, Page 2470 following
1619 courses; said point being a point of compound
1620 curvature of a curve concave Northerly having a radius
1621 of 1597.89 feet, and a central angle of 07°30’00”; run
1622 Easterly along the arc of said curve, 209.16 feet; S
1623 54°40’11” E, 66.55 feet; S 12°49’30” E, 117.68 feet to
1624 a point on a non-tangent curve concave Easterly having
1625 a radius of 2009.86 feet, and a central angle of
1626 24°18’27”; from a tangent bearing of S 10°48’36” W run
1627 Southerly along the arc of said curve, 852.67 feet; S
1628 13°29’51” E, 341.79 feet; S 13°29’51” E, 408.71 feet
1629 to a point of curvature of a curve concave Westerly
1630 having a radius of 1809.86 feet, and a central angle
1631 of 11°41’10”; run Southerly along the arc of said
1632 curve, 369.14 feet; to a point of compound curvature
1633 of a curve concave Westerly having a radius of 1809.86
1634 feet, and a central angle of 17°06’44”; thence run
1635 Southerly along the arc of said curve, 540.54 feet; S
1636 15°17’58” W, 294.15 feet; thence departing said deed
1637 run along the Westerly right of way line of State Road
1638 400 and World Drive Interchange as described in
1639 Official Records Book 1659, Page 1492 of the Public
1640 Records of Osceola County Florida the following
1641 courses; S 15°15’17” W, 300.03 feet; N 74°44’43” W,
1642 45.00 feet; S 17°31’41” W, 302.54 feet; thence S
1643 15°15’11” W, 177.35 feet to a point on a non-tangent
1644 curve concave Easterly having a radius of 4501.37
1645 feet, and a central angle of 06°46’34”; from a tangent
1646 bearing of S 15°15’19” W run Southerly along the arc
1647 of said curve, 532.35 feet; S 08°28’42” W, 421.43
1648 feet; S 81°31’15” E, 26.00 feet; S 08°28’45” W, 543.00
1649 feet; N 81°31’15” W, 26.00 feet; S 08°28’44” W,
1650 1288.75 feet to a point of curvature of a curve
1651 concave Northwesterly having a radius of 1051.92 feet,
1652 and a central angle of 30°21’09”; run Southwesterly
1653 along the arc of said curve, 557.26 feet; S 38°49’53”
1654 W, 892.32 feet to a point on the aforesaid Reedy Creek
1655 Improvement District de-annexation Resolution No. 291;
1656 thence run along said de-annexation boundary the
1657 following courses; N 34°24’01” W, 342.34 feet; thence
1658 N 41°10’58” E, 504.10 feet; N 56°53’24” W, 1046.80
1659 feet; N 00°00’05” W, 182.99 feet; N 00°00’05” W,
1660 262.45 feet; N 00°00’05” W, 604.56 feet; N 20°22’32”
1661 E, 1354.78 feet; N 39°36’34” E, 1142.27 feet; N
1662 89°59’55” E, 550.00 feet; N 00°00’05” W, 1600.00 feet;
1663 N 53°58’26” W, 680.07 feet; N 11°08’10” W, 1105.17
1664 feet; N 44°36’19” W, 1268.50 feet; N 61°15’45” W,
1665 889.74 feet; N 18°33’37” W, 469.54 feet; thence N
1666 00°00’05” W, 391.70 feet; N 89°59’55” E, 48.91 feet; N
1667 06°11’23” E, 746.77 feet; thence N 13°51’33” E, 679.15
1668 feet; N 45°31’55” E, 264.41 feet; N 89°59’55” E,
1669 356.15 feet; thence N 00°00’05” W, 317.21 feet to the
1670 Point of Beginning, containing 263.49 acres, more or
1671 less.
1672
1673 AND
1674
1675 A parcel of land lying in Sections 11 and 12, Township
1676 25 South, Range 27 East, Osceola County, Florida, and
1677 being more particularly described as follows:
1678
1679 Commence at the Northwest corner of the Northeast 1/4
1680 corner of said Section 11, run along the North line of
1681 the Northeast 1/4 of said Section 11, S 00°09’07” E,
1682 132.00 feet; thence N 89°52’08” E, 1922.52 feet along
1683 a line that is 132.00 feet South of and parallel with
1684 the North line of the Northeast 1/4 of said Section 11
1685 to a point on Southerly right of way line of State
1686 Road 530 and a point on the boundary of de-annexation
1687 Resolution No. 291 as described in Official Records
1688 Book 1235, Page 1769 of the Public Records of Osceola
1689 County, Florida, and the Point of Beginning; thence
1690 run along said boundaries the following five courses;
1691 N 89°52’07” E, 728.48 feet; N 89°52’44” E, 1251.91
1692 feet; N 89°50’43” E, 190.56 feet to a point on a non
1693 tangent curve concave Northeasterly having a radius of
1694 814.00 feet, and a central angle of 20°35’33”; from a
1695 tangent bearing of S 19°06’55” E run Southeasterly
1696 along the arc of said curve, 292.56 feet; to a point
1697 on a non-tangent curve concave Northeasterly having a
1698 radius of 1073.93 feet, and a central angle of
1699 17°34’32”; from a tangent bearing of S 36°35’41” E run
1700 Southeasterly along the arc of said curve, 329.43
1701 feet; thence departing said right of way line continue
1702 along the aforesaid de-annexation boundary the
1703 following courses; S 00°08’00” E, 455.76 feet; N
1704 89°52’00” E, 20.00 feet; S 00°08’00” E, 488.84 feet to
1705 a point on a non-tangent curve concave Westerly having
1706 a radius of 1759.86 feet, and a central angle of
1707 33°38’13”; from a tangent bearing of S 00°08’08” E run
1708 Southerly along the arc of said curve, 1033.17 feet; S
1709 33°30’09” W, 1183.50 feet to a point of curvature of a
1710 curve concave Southeasterly having a radius of 2059.86
1711 feet, and a central angle of 14°13’45”; run
1712 Southwesterly along the arc of said curve, 511.56
1713 feet; to a point on a non-tangent curve concave
1714 Northerly having a radius of 1457.89 feet, and a
1715 central angle of 12°05’33”; from a tangent bearing of
1716 S 82°51’48” W run Westerly along the arc of said
1717 curve, 307.69 feet; to a point of compound curvature
1718 of a curve concave Northerly having a radius of
1719 1457.79 feet, and a central angle of 29°15’05”; run
1720 Westerly along the arc of said curve, 744.25 feet; N
1721 34°12’14” E, 149.99 feet; N 38°16’56” W, 139.49 feet;
1722 N 20°31’56” W, 110.01 feet; N 70°14’49” W, 129.46
1723 feet; N 45°48’22” W, 132.54 feet; S 89°14’11” W,
1724 181.70 feet to a point on a non-tangent curve concave
1725 Easterly having a radius of 1457.85 feet, and a
1726 central angle of 47°22’50”; from a tangent bearing of
1727 N 30°17’44” W run Northerly along the arc of said
1728 curve, 1205.56 feet; N 17°05’06” E, 386.62 feet; S
1729 72°54’50” E, 290.44 feet; N 10°23’11” E, 320.40 feet;
1730 N 04°30’12” E, 320.81 feet; N 87°47’48” W, 244.99 feet
1731 to a point on a non-tangent curve concave Westerly
1732 having a radius of 1597.84 feet, and a central angle
1733 of 11°17’38”; from a tangent bearing of N 02°12’13” E
1734 run Northerly along the arc of said curve, 314.96
1735 feet; N 09°05’25” W, 282.87 feet to a point of
1736 curvature of a curve concave Easterly having a radius
1737 of 1457.85 feet, and a central angle of 09°05’25”; run
1738 Northerly along the arc of said curve, 231.30 feet; N
1739 00°00’00” E, 186.09 feet; N 44°56’12” E, 42.49 feet to
1740 the Point of Beginning, containing 191.436 Acres, more
1741 or less.
1742
1743 AND
1744
1745 A parcel of land lying in Sections 12 and 13, Township
1746 25 South, Range 27 East and Section 7, Township 25
1747 South, Range 28 East, Osceola County, Florida, and
1748 being more particularly described as follows:
1749
1750 Commence at the Northwest corner of said Section 7,
1751 run along the West line of the Northwest 1/4 of said
1752 Section 7, S 00°16’52” W, 182.00 feet, to a point on
1753 Southerly right of way line of State Road 530 and a
1754 point on the boundary of de-annexation Resolution No.
1755 291 as described in Official Records Book 1235, Page
1756 1769 of the Public Records of Osceola County, Florida,
1757 and the Point of Beginning; thence run along said de
1758 annexation boundary the following courses; N 89°36’48”
1759 E, 1370.16 feet to a point on a non-tangent curve
1760 concave Southerly having a radius of 2774.79 feet, and
1761 a central angle of 14°35’33”; from a tangent bearing
1762 of S 87°18’45” E run Easterly along the arc of said
1763 curve, 706.70 feet; S 72°43’12” E, 120.32 feet; S
1764 68°43’12” E, 476.40 feet to a point of curvature of a
1765 curve concave Southwesterly having a radius of 310.00
1766 feet, and a central angle of 64°11’44”; run
1767 Southeasterly along the arc of said curve, 347.33
1768 feet; to a point of compound curvature of a curve
1769 concave Westerly having a radius of 710.00 feet, and a
1770 central angle of 43°41’01”; run Southerly along the
1771 arc of said curve, 541.32 feet; S 39°09’33” W, 593.50
1772 feet; S 39°49’53” W, 428.75 feet to a point on a non
1773 tangent curve concave Northwesterly having a radius of
1774 17038.73 feet, and a central angle of 00°07’01”; from
1775 a tangent bearing of S 39°57’15” W run Southwesterly
1776 along the arc of said curve, 34.76 feet; to a point of
1777 compound curvature of a curve concave Northwesterly
1778 having a radius of 17038.73 feet, and a central angle
1779 of 00°07’00”; run Southwesterly along the arc of said
1780 curve, 34.73 feet; to a point of compound curvature of
1781 a curve concave Northwesterly having a radius of
1782 17038.73 feet, and a central angle of 05°07’15”; run
1783 Southwesterly along the arc of said curve, 1522.83
1784 feet; to a point of reverse curvature of a curve
1785 concave Southeasterly having a radius of 17338.73
1786 feet, and a central angle of 07°18’35”; run
1787 Southwesterly along the arc of said curve, 2212.08
1788 feet; to a point of compound curvature of a curve
1789 concave Southeasterly having a radius of 17338.73
1790 feet, and a central angle of 03°23’57”; run
1791 Southwesterly along the arc of said curve, 1028.62
1792 feet; to a point of reverse curvature of a curve
1793 concave Northwesterly having a radius of 17038.73
1794 feet, and a central angle of 05°03’27”; run
1795 Southwesterly along the arc of said curve, 1503.98
1796 feet; S 44°18’34” W, 2356.77 feet to a point on a non
1797 tangent curve concave Northerly having a radius of
1798 451.67 feet, and a central angle of 120°17’51”; from a
1799 tangent bearing of S 44°19’15” W run Westerly along
1800 the arc of said curve, 948.32 feet; to a point of
1801 compound curvature of a curve concave Easterly having
1802 a radius of 1767.86 feet, and a central angle of
1803 30°38’14”; run Northerly along the arc of said curve,
1804 945.31 feet; N 15°15’17” E, 57.43 feet; N 74°44’43” W,
1805 42.00 feet; N 10°06’45” E, 301.24 feet; N 15°17’20” E,
1806 293.98 feet to a point on a non-tangent curve concave
1807 Westerly having a radius of 2009.86 feet, and a
1808 central angle of 28°47’54”; from a tangent bearing of
1809 N 15°18’05” E run Northerly along the arc of said
1810 curve, 1010.21 feet; N 13°29’49” W, 750.50 feet to a
1811 point of curvature of a curve concave Easterly having
1812 a radius of 1809.86 feet, and a central angle of
1813 30°18’27”; run Northerly along the arc of said curve,
1814 957.35 feet; N 46°27’10” E, 105.97 feet; to a point on
1815 a non-tangent curve concave Southeasterly having a
1816 radius of 1759.86 feet, and a central angle of
1817 13°41’33”; from a tangent bearing of N 19°48’38” E run
1818 Northeasterly along the arc of said curve, 420.57
1819 feet; N 33°30’11” E, 1183.50 feet to a point of
1820 curvature of a curve concave Westerly having a radius
1821 of 2059.86 feet, and a central angle of 33°23’10”; run
1822 Northerly along the arc of said curve, 1200.27 feet; N
1823 05°42’05” E, 369.98 feet to a point of curvature of a
1824 curve concave Southeasterly having a radius of 426.87
1825 feet, and a central angle of 56°29’55”; run
1826 Northeasterly along the arc of said curve, 420.93
1827 feet; N 62°12’02” E, 1022.85 feet to a point of
1828 curvature of a curve concave Southerly having a radius
1829 of 1789.72 feet, and a central angle of 15°19’53”; run
1830 Easterly along the arc of said curve, 478.90 feet; to
1831 a point on a non-tangent curve concave Southerly
1832 having a radius of 1791.86 feet, and a central angle
1833 of 03°26’13”; from a tangent bearing of N 78°45’37” E
1834 run Easterly along the arc of said curve, 107.49 feet;
1835 to a point of compound curvature of a curve concave
1836 Southerly having a radius of 2181.28 feet, and a
1837 central angle of 06°37’08”; run Easterly along the arc
1838 of said curve, 251.98 feet; N 88°49’08” E, 659.02
1839 feet; N 89°50’46” E, 591.75 feet to the Point of
1840 Beginning, containing 744.473 acres, more or less.
1841
1842 AND
1843
1844 A parcel of land lying in Sections 12, 13, 23 and 24,
1845 Township 25 South, Range 27 East Sections 7, 8, 9, 17
1846 through 20 and 30, Township 25 South, Range 28 East,
1847 Osceola County, Florida, and being more particularly
1848 described as follows:
1849
1850 Commence at the Northwest corner of said Section 9,
1851 run along the West line of the Northwest 1/4 of said
1852 Section 9, S 00°08’49” E, 132.00 feet, to a point on
1853 Southerly right of way line of State Road 530 and a
1854 point on the boundary of de-annexation Resolution No.
1855 291 as described in Official Records Book 1235, Page
1856 1769 of the Public Records of Osceola County, Florida,
1857 and the Point of Beginning; thence run along said de
1858 annexation boundary the following courses; N 89°47’42”
1859 E, 622.99 feet to a point on a non-tangent curve
1860 concave Northeasterly having a radius of 450.00 feet,
1861 and a central angle of 59°52’20”; from a tangent
1862 bearing of S 00°12’18” E run Southeasterly along the
1863 arc of said curve, 470.24 feet; S 60°04’38” E, 118.30
1864 feet to a point of curvature of a curve concave
1865 Southwesterly having a radius of 150.00 feet, and a
1866 central angle of 60°00’00”; run Southeasterly along
1867 the arc of said curve, 157.08 feet; N 89°55’21” E,
1868 40.00 feet; S 00°04’25” E, 2369.91 feet; N 89°56’33”
1869 E, 50.00 feet; S 00°03’27” E, 512.31 feet; S 00°03’27”
1870 E, 358.24 feet; S 47°23’03” W, 1794.78 feet; N
1871 75°57’54” W, 2061.55 feet; S 53°52’46” W, 4747.05
1872 feet; S 13°19’33” E, 1235.00 feet; S 57°29’14” E,
1873 837.20 feet; S 26°03’58” E, 3172.66 feet; S 45°00’05”
1874 E, 707.11 feet; S 09°55’30” W, 2030.39 feet; N
1875 65°37’30” W, 1163.91 feet; N 44°47’06” W, 1831.04
1876 feet; S 48°53’12” W, 715.92 feet; N 65°37’30” W,
1877 341.01 feet; N 26°33’59” W, 2124.26 feet; S 68°44’53”
1878 W, 965.66 feet; S 16°54’23” E, 5330.34 feet; S
1879 50°31’34” W, 1101.14 feet; N 41°38’06” W, 4214.56
1880 feet; N 18°02’08” W, 2261.08 feet; S 89°59’55” W,
1881 1650.00 feet; S 00°00’05” E, 1224.24 feet; S 35°39’14”
1882 W, 1200.88 feet; S 89°59’55” W, 1800.00 feet; N
1883 34°46’45” W, 1157.70 feet; N 27°43’20” W, 492.90 feet;
1884 N 01°09’30” W, 124.30 feet; N 50°54’37” W, 282.74
1885 feet; S 59°21’14” W, 36.00 feet; N 38°52’34” W, 156.01
1886 feet; N 39°57’15” E, 502.67 feet; N 43°58’16” E,
1887 1918.88 feet to a point of curvature of a curve
1888 concave Southerly having a radius of 622.20 feet, and
1889 a central angle of 73°46’51”; run Easterly along the
1890 arc of said curve, 801.22 feet; to a point of compound
1891 curvature of a curve concave Southwesterly having a
1892 radius of 2405.91 feet, and a central angle of
1893 15°39’49”; run Southeasterly along the arc of said
1894 curve, 657.74 feet; to a point on a non-tangent curve
1895 concave Southwesterly having a radius of 3677.60 feet,
1896 and a central angle of 09°13’43”; from a tangent
1897 bearing of S 46°35’06” E run Southeasterly along the
1898 arc of said curve, 592.35 feet; S 37°21’28” E, 61.64
1899 feet; N 52°38’37” E, 295.00 feet; N 37°21’24” W,
1900 236.29 feet; N 33°58’59” W, 295.13 feet to a point of
1901 curvature of a curve concave Easterly having a radius
1902 of 724.53 feet, and a central angle of 32°07’27”; run
1903 Northerly along the arc of said curve, 406.22 feet; N
1904 01°51’30” W, 914.66 feet to a point of curvature of a
1905 curve concave Easterly having a radius of 1433.91
1906 feet, and a central angle of 30°54’26”; run Northerly
1907 along the arc of said curve, 773.50 feet; N 31°08’21”
1908 E, 714.41 feet; N 32°17’07” E, 68.88 feet to a point
1909 of curvature of a curve concave Southeasterly having a
1910 radius of 4489.66 feet, and a central angle of
1911 06°27’44”; run Northeasterly along the arc of said
1912 curve, 506.37 feet; N 38°44’50” E, 91.15 feet; N
1913 51°13’07” W, 15.63 feet; N 39°57’15” E, 399.78 feet to
1914 a point of curvature of a curve concave Southeasterly
1915 having a radius of 17028.73 feet, and a central angle
1916 of 05°21’16”; run Northeasterly along the arc of said
1917 curve, 1591.38 feet; to a point of reverse curvature
1918 of a curve concave Northwesterly having a radius of
1919 17348.73 feet, and a central angle of 00°22’04”; run
1920 Northeasterly along the arc of said curve, 111.39
1921 feet; N 45°03’33” W, 10.00 feet to a point on a non
1922 tangent curve concave Northwesterly having a radius of
1923 17341.08 feet, and a central angle of 04°36’46”; from
1924 a tangent bearing of N 44°56’25” E run Northeasterly
1925 along the arc of said curve, 1396.13 feet; to a point
1926 of compound curvature of a curve concave Northwesterly
1927 having a radius of 17338.73 feet, and a central angle
1928 of 05°43’39”; run Northeasterly along the arc of said
1929 curve, 1733.24 feet; to a point of reverse curvature
1930 of a curve concave Southeasterly having a radius of
1931 17038.73 feet, and a central angle of 05°21’16”; run
1932 Northeasterly along the arc of said curve, 1592.32
1933 feet; N 39°57’15” E, 942.63 feet; N 44°36’59” E,
1934 348.99 feet to a point on a non-tangent curve concave
1935 Southeasterly having a radius of 1342.44 feet, and a
1936 central angle of 24°30’00”; from a tangent bearing of
1937 N 44°44’08” E run Northeasterly along the arc of said
1938 curve, 574.04 feet; N 69°14’08” E, 1832.61 feet; S
1939 47°43’15” E, 1148.63 feet; S 37°11’45” E, 2082.95
1940 feet; N 52°48’15” E, 150.00 feet; N 37°11’45” W,
1941 2096.77 feet; N 47°43’15” W, 1086.16 feet; N 69°14’08”
1942 E, 104.92 feet to a point of curvature of a curve
1943 concave Southerly having a radius of 1342.40 feet, and
1944 a central angle of 19°21’25”; run Easterly along the
1945 arc of said curve, 453.52 feet; N 88°35’33” E, 600.08
1946 feet; N 83°15’36” E, 300.22 feet; thence N 89°45’45”
1947 E, 3676.81 feet to the Point of Beginning, containing
1948 2908.288 acres, more or less.
1949
1950 AND
1951
1952 A parcel of land lying in Sections 23 through 26,
1953 Township 25 South, Range 27 East and Section 30,
1954 Township 25 South, Range 28 East, Osceola County,
1955 Florida, and being more particularly described as
1956 follows:
1957
1958 Commence at the Southeast corner of said Section 26,
1959 run along the East line of the Southeast 1/4 of said
1960 Section 26, N 00°04’03” W, 120.00 feet, to a point on
1961 the boundary of de-annexation Resolution No. 291 as
1962 described in Official Records Book 1235, Page 1769 of
1963 the Public Records of Osceola County, Florida, and the
1964 Point of Beginning; thence run along said de
1965 annexation boundary the following courses; S 89°49’18”
1966 W, 678.98 feet; S 89°56’16” W, 41.46 feet; S 89°50’14”
1967 W, 486.92 feet; N 00°08’08” W, 333.91 feet; N
1968 00°07’57” W, 177.25 feet; N 00°01’07” W, 178.96 feet;
1969 N 00°03’44” W, 631.66 feet; S 89°52’13” W, 494.06
1970 feet; S 89°55’05” W, 828.90 feet; N 90°00’00” W, 5.12
1971 feet; N 00°08’06” W, 251.46 feet; N 00°08’09” W,
1972 394.13 feet N 00°08’11” W, 655.92 feet; N 00°13’25” W,
1973 23.67 feet; S 89°55’00” W, 128.49 feet; N 89°31’49” W,
1974 397.18 feet; N 89°31’34” W, 122.10 feet; N 89°32’10”
1975 W, 47.99 feet; N 89°31’47” W, 361.14 feet; N 89°31’38”
1976 W, 68.77 feet; N 89°32’02” W, 98.33 feet; N 89°31’40”
1977 W, 203.89 feet; N 09°35’39” W, 23.58 feet; N 34°30’31”
1978 E, 3.49 feet; N 89°39’50” W, 46.97 feet; S 89°55’09”
1979 W, 105.90 feet; N 00°00’26” W, 1997.80 feet; N
1980 39°37’22” E, 1530.02 feet; N 39°37’22” E, 3105.08
1981 feet; S 25°35’45” E, 1405.42 feet; S 48°02’51” W,
1982 2129.92 feet; S 27°09’04” E, 2191.46 feet; N 89°59’55”
1983 E, 429.40 feet; N 42°34’45” E, 61.38 feet; N 77°28’31”
1984 E, 6.16 feet; S 80°50’28” E, 42.95 feet; S 76°40’19”
1985 E, 50.95 feet; N 78°08’48” E, 34.33 feet; S 30°04’17”
1986 E, 4.22 feet; S 76°06’37” E, 130.56 feet; N 89°59’55”
1987 E, 618.64 feet; N 00°00’05” W, 1750.00 feet; S
1988 85°45’54” E, 2707.40 feet; S 38°39’40” E, 320.15 feet;
1989 S 01°48’36” E, 382.26 feet; S 54°54’10” W, 2031.38
1990 feet; S 34°49’33” E, 1400.89 feet; N 66°34’12” E,
1991 2012.03 feet; N 89°59’55” E, 1596.15 feet; S 41°29’52”
1992 E, 1068.10 feet; S 16°30’11” W, 1408.01 feet; S
1993 60°01’01” W, 808.14 feet; N 44°46’55” W, 709.83 feet;
1994 N 00°00’05” W, 700.00 feet; S 89°59’55” W, 1100.00
1995 feet; S 15°22’30” W, 829.70 feet; S 89°59’55” W,
1996 620.00 feet; S 00°00’05” E, 250.00 feet; N 89°45’12”
1997 E, 331.16 feet; N 22°25’57” E, 47.85 feet; N 32°49’38”
1998 W, 99.62 feet; N 06°38’41” W, 20.86 feet; N 67°06’55”
1999 E, 58.35 feet; N 80°46’35” E, 124.29 feet; N 59°15’21”
2000 E, 74.38 feet; N 76°39’34” E, 72.66 feet; S 59°47’48”
2001 E, 57.26 feet; S 54°56’34” E, 123.34 feet; S 58°10’29”
2002 E, 79.63 feet; S 30°10’31” E, 44.20 feet; S 06°24’36”
2003 E, 107.82 feet; S 11°28’54” W, 73.24 feet; S 17°38’04”
2004 W, 10.26 feet; S 67°56’29” E, 225.59 feet; N 45°25’09”
2005 E, 16.32 feet; S 61°51’19” E, 58.22 feet; S 30°56’12”
2006 E, 14.64 feet; S 67°56’29” E, 748.10 feet; S 89°54’33”
2007 W, 2032.92 feet; S 89°51’55” W, 2644.56 feet; S
2008 00°04’03” E, 79.89 feet to the Point of Beginning,
2009 containing 829.136 acres, more or less.
2010
2011 Containing in aggregate 6127.098 acres more or less in
2012 Osceola County Florida.
2013
2014 Section 2. Applicability of certain provisions of chapter
2015 298, Florida Statutes.—Chapter 298, Florida Statutes, and all
2016 amendments thereto, now existing or hereafter enacted, are
2017 applicable to the Reedy Creek Improvement District insofar as
2018 they are not inconsistent with the provisions of this act or any
2019 subsequent special acts relating to the Reedy Creek Improvement
2020 District. Except as otherwise provided in this act, the Central
2021 Reedy Creek Improvement District shall have all of the powers
2022 and authorities provided by chapter 298, Florida Statutes, and
2023 acts amendatory thereof. Notwithstanding the foregoing, the
2024 provisions of ss. 298.11, 298.12, 298.14, 298.15, 298.17,
2025 298.18, 298.20, 298.23, 298.24, 298.25, 298.41, 298.48, 298.52,
2026 298.56, 298.57, 298.61, 298.70, 298.71, 298.72, 298.73, and
2027 298.74, Florida Statutes, and amendments thereto, do not apply
2028 to the Reedy Creek Improvement District.
2029 Section 3. Definitions.—Unless the context indicates
2030 otherwise, the following words as used in this act shall have
2031 the following meanings:
2032 (1) “Assessable improvements” includes, without limitation,
2033 any and all drainage and land reclamation works and facilities,
2034 sewer systems, storm sewers and drains, water systems, reclaimed
2035 water systems, streets, roads, or other infrastructure projects
2036 of the district, or that portion or portions thereof, local in
2037 nature and of special benefit to the premises or lands served
2038 thereby, and any and all modifications, improvements, and
2039 enlargements thereof.
2040 (2) “Board of supervisors” or “board” means the Board of
2041 Supervisors of the Reedy Creek Improvement District.
2042 (3) “Bond” includes “certificate,” and provisions
2043 applicable to bonds shall be equally applicable to certificates.
2044 “Bond” includes general obligation bonds, assessment bonds,
2045 refunding bonds, excise tax bonds, revenue bonds, and such other
2046 obligations in the nature of bonds as are provided for in this
2047 act.
2048 (4) “Cost,” when used with reference to any project,
2049 includes, but is not limited to, the expenses of determining the
2050 feasibility or practicability of acquisition, construction, or
2051 reconstruction; the cost of surveys, estimates, plans, and
2052 specifications; the cost of acquisition, construction, or
2053 reconstruction; the cost of improvements; engineering, fiscal,
2054 and legal expenses and charges; the cost of all labor,
2055 materials, machinery, and equipment; the cost of all lands,
2056 properties, rights, easements, and franchises acquired; federal,
2057 state, and local taxes and assessments; financing charges; the
2058 creation of initial reserve and debt service funds; working
2059 capital; interest charges incurred or estimated to be incurred
2060 on money borrowed prior to and during construction and
2061 acquisition and for such period of time after completion of
2062 construction or acquisition as the board of supervisors may
2063 determine; the cost of issuance of bonds pursuant to this act,
2064 including advertisements and printing; the cost of any election
2065 held pursuant to this act and all other expenses of issuance of
2066 bonds; discount, if any, on the sale or exchange of bonds;
2067 administrative expenses; such other expenses as may be necessary
2068 or incidental to the acquisition, construction, or
2069 reconstruction of any project or to the financing thereof, or
2070 the development of any lands within the district; and
2071 reimbursement of any public or private body, person, firm, or
2072 corporation for any moneys advanced in connection with any of
2073 the foregoing items of cost. Any obligation or expense incurred
2074 prior to the issuance of bonds in connection with the
2075 acquisition, construction, or reconstruction of any project or
2076 improvements thereon, or in connection with any other
2077 development of land that the board of supervisors determines to
2078 be necessary, or that is otherwise authorized by general law or
2079 this act, in carrying out the purposes of this act, may be
2080 treated as a part of such cost.
2081 (5) “District” means the Reedy Creek Improvement District.
2082 (6) “Parking facilities” means lots, garages, parking
2083 terminals, and other structures (either single-level or
2084 multilevel and either at, above, or below the surface) for the
2085 off-street parking of motor vehicles, open to public use with or
2086 without a fee, including, but without limiting the generality of
2087 the foregoing, facilities for trucks and buses, waiting rooms,
2088 lockers, and, if deemed necessary by the board of supervisors,
2089 or otherwise authorized by general law or this act, space to be
2090 leased for such uses as the board deems advisable, and all
2091 facilities appurtenant thereto, including on-street parking
2092 meters, and all property rights, easements, and interests
2093 relating thereto which the board deems necessary, or that are
2094 otherwise authorized by general law or this act, for the
2095 construction or operation thereof.
2096 (7) “Plat” means a map or drawing depicting the division of
2097 lands into lots, blocks, parcels, tracts, sites, or other
2098 divisions, however the same may be designated.
2099 (8) “Project” means any development, improvement, property,
2100 utility, facility, works, road, sidewalk, enterprise, service,
2101 or convenience, including, without limitation, public
2102 transportation facilities and devices and telephone and other
2103 communication facilities and services, now existing or hereafter
2104 undertaken or established, that under the provisions of this act
2105 or under chapter 298, Florida Statutes, the district is
2106 authorized to construct, acquire, undertake, or furnish for its
2107 own use or for the use of any other person, firm, or
2108 corporation, owning, leasing, or otherwise using the same, for
2109 any profit or nonprofit purpose or activity, and shall include,
2110 without limitation, such repairs, replacements, additions,
2111 extensions, and betterments of and to any project as may be
2112 deemed necessary by the board of supervisors to place or to
2113 maintain such project in proper condition for the safe,
2114 efficient, and economic operation thereof.
2115 (9) “Sewer system” means any plant, system, facility, or
2116 property and additions, extensions, and improvements thereto at
2117 any future time constructed or acquired as part thereof, useful
2118 or necessary or having the present capacity for future use in
2119 connection with the collection, treatment, purification, or
2120 disposal of sewage, including, without limitation, industrial
2121 wastes resulting from any processes of industry, manufacture,
2122 trade, or business or from the development of any natural
2123 resources; and, without limiting the generality of the
2124 foregoing, shall include treatment plants, pumping stations,
2125 lift stations, valves, force mains, intercepting sewers,
2126 laterals, pressure lines, mains, and all necessary appurtenances
2127 and equipment, all sewer mains, laterals, and other devices for
2128 the reception and collection of sewage from premises connected
2129 therewith, and all real and personal property and any interest
2130 therein, rights, easements, and franchises of any nature
2131 whatsoever relating to any such system and necessary or
2132 convenient for the operation thereof.
2133 (10) “Subdivision” means the division of a parcel of land,
2134 whether improved or unimproved, into two or more lots or parcels
2135 of land for the purpose, whether immediate or future, of
2136 transfer of ownership or building development where the
2137 subdivider advocates, proposes, suggests, or exhibits a proposed
2138 plan, map, or plat of development of the land or where the
2139 subdivider proposes to create a street, right-of-way, or
2140 easement that joins or connects to an existing public street for
2141 ingress and egress or an existing easement, or to change an
2142 existing public street or easement.
2143 (11) “Waste collection and disposal system” means all the
2144 facilities of the district for the collection and disposal of
2145 garbage and other waste matter, except sewage but including
2146 liquid waste material from septic tank and grease trap systems,
2147 together with digested sludge from sewage treatment plants, and
2148 shall include all such facilities, including incinerators,
2149 composting plants, or other means of disposal constructed or
2150 acquired pursuant to the provisions of this act, or hereafter
2151 constructed or acquired by the district from any other source
2152 whatsoever.
2153 (12) “Water and flood control facilities” means any canals,
2154 ditches, or other drainage facilities, reservoirs, lakes, ponds,
2155 dams, levees, sluiceways, dredging holding basins, floodways,
2156 pumping stations, or any other works, structures, or facilities
2157 for the conservation, control, development, utilization, and
2158 disposal of water, and any purposes appurtenant, necessary, or
2159 incidental thereto, and includes all real and personal property
2160 and any interest therein, rights, easements, and franchises of
2161 any nature relating to any such water and flood control
2162 facilities or necessary or convenient for the acquisition,
2163 construction, reconstruction, operation, or maintenance thereof.
2164 (13) “Water system” means any plant, system, facility, or
2165 property and additions, extensions, and improvements thereto at
2166 any future time constructed or acquired as part thereof, useful
2167 or necessary or having the present capacity for future use in
2168 connection with the development of sources, treatment, or
2169 purification and distribution of water for domestic or
2170 industrial use and, without limiting the generality of the
2171 foregoing, includes dams, reservoirs, lakes, ponds, storage
2172 tanks, mains, lines, valves, pumping stations, laterals, and
2173 pipes for the purpose of carrying water to the premises
2174 connected with such system, and all real and personal property
2175 and any interests therein, rights, easements, and franchises of
2176 any nature whatsoever relating to any such system and necessary
2177 for the operation thereof.
2178 Section 4. Board of supervisors; appointments;
2179 organization; term of office; quorum; annual meetings, report,
2180 and minutes.—
2181 (1) The Board of Supervisors of the Reedy Creek Improvement
2182 District shall be the governing body of the district, shall have
2183 controlling authority over the district, and shall exercise the
2184 powers granted to the district under this act and under chapters
2185 189 and 298, Florida Statutes. The board of supervisors shall
2186 consist of five members. Two members shall be appointed by the
2187 Governor and confirmed by the Senate, with one member designated
2188 as chair of the board of supervisors and one member designated
2189 as vice chair. The three other members shall be representatives
2190 from the district. Each member shall hold office for a term of 4
2191 years and until a successor is chosen and qualified, except that
2192 for the initial appointments made after the effective date of
2193 this act, two members shall be appointed to serve a term of 2
2194 years. Furthermore, each member initially appointed to the board
2195 of supervisors must replace the board member who has been
2196 serving on the board for the greatest amount of time to date.
2197 Members may not serve more than three consecutive terms.
2198 (2) For appointments made pursuant to this act:
2199 (a) All members shall be Florida residents.
2200 (b) Consideration should be given for members from a broad
2201 range of fields including, but not limited to, experience in
2202 accounting, business management, construction, cybersecurity or
2203 data privacy, engineering, environmental sciences, financial
2204 management, infrastructure management, land use, permitting,
2205 public administration, public safety, transportation, or utility
2206 operations and management.
2207 (c) The following persons are ineligible to serve on the
2208 board:
2209 1. Any person who, within the past 3 years, has been an
2210 officer, owner, director, employee, agent, contractor, or
2211 subcontractor of, or has had a contractual relationship with a
2212 business entity that owns or operates a theme park or
2213 entertainment complex as defined in s. 509.013(9), Florida
2214 Statutes, or a parent company, subsidiary, or sibling
2215 organization under common ownership or control with a business
2216 entity that owns or operates a theme park or entertainment
2217 complex.
2218 2. Any relative as defined in s. 112.3143, Florida
2219 Statutes, of a person ineligible under subparagraph 1.
2220 (3) Following appointment, if a member becomes ineligible
2221 to serve on the board under paragraph (2)(c), a vacancy in
2222 office shall occur and the Governor shall file an executive
2223 order pursuant to s. 114.01, Florida Statutes.
2224 (4) Any vacancy that occurs on the board of supervisors
2225 shall be filled in the same manner as the original appointment
2226 for the unexpired term of that seat.
2227 (5)(a) All meetings of the board of supervisors shall be
2228 open, and reasonable notice shall be provided to the public, as
2229 required by law.
2230 (b) The board of supervisors shall meet at least once per
2231 month to conduct all necessary business of the district and may
2232 conduct additional meetings, including emergency meetings, as
2233 necessary.
2234 (c) A majority of the members of the board of supervisors
2235 shall constitute a quorum.
2236 (d) The board of supervisors may adopt and enforce
2237 reasonable rules governing the conduct of its members provided
2238 that no board member may be suspended or removed from office
2239 except as provided in s. 112.511, Florida Statutes.
2240 (e) The board of supervisors may adopt and enforce
2241 reasonable rules governing the procedures, order of business,
2242 and rules of decorum for its meetings.
2243 (6) The board of supervisors shall, by at least three
2244 affirmative votes, appoint and may, at any time, remove:
2245 (a) A clerk of the board. The clerk may be a district
2246 employee or an independent contractor. The clerk is responsible
2247 for taking and preserving for the public record minutes of all
2248 board meetings and performing other duties as may be assigned by
2249 the board.
2250 (b) A district administrator. The district administrator
2251 must be a district employee but may be an independent contractor
2252 on an interim basis. The district administrator is the chief
2253 executive officer of the district and is in charge of the day
2254 to-day operations of the district subject to the board of
2255 supervisor’s direction and policy decisions. The district
2256 administrator has such functions, duties, and powers as the
2257 board of supervisors may prescribe and performs any other duties
2258 as may be assigned by the board.
2259 (c) A general counsel to the district. The general counsel
2260 must be a Florida licensed attorney having experience
2261 representing government entities. The district may contract with
2262 a law firm to provide general counsel services and other legal
2263 services to the district.
2264 (7) The board of supervisors shall keep a permanent record
2265 book entitled “Record of Governing Board of Reedy Creek
2266 Improvement District,” in which shall be recorded minutes of all
2267 meetings, resolutions, proceedings, certificates, bonds given by
2268 all employees, and any and all corporate acts, which book shall
2269 be open to public inspection as required by law. Such record
2270 book shall be kept at an office or other regular place of
2271 business maintained by the board of supervisors in Orange County
2272 or Osceola County.
2273 (8)(a) The board of supervisors shall submit an annual
2274 report to the Department of Financial Services pursuant to s.
2275 218.32, Florida Statutes, with a copy to the Governor, the
2276 President of the Senate, and the Speaker of the House of
2277 Representatives.
2278 (b) Notwithstanding s. 189.08(9), Florida Statutes, the
2279 board of supervisors shall submit a public facilities report and
2280 related annual notices required by s. 189.08, Florida Statutes,
2281 to the Governor, the President of the Senate, and the Speaker of
2282 the House of Representatives.
2283 (c) The district shall maintain a website with the
2284 information required by s. 189.069, Florida Statutes.
2285 (d) The board of supervisors shall submit to the Governor,
2286 the President of the Senate, and the Speaker of the House of
2287 Representatives, within 1 year after the effective date of this
2288 act, and every 5 years thereafter, a report that includes a
2289 review of all remaining powers and authorities included herein
2290 and any recommendations for consideration of eliminating said
2291 powers and authorities for potential repeal by the Legislature.
2292 Section 5. Compensation of board.—Each supervisor shall
2293 serve without compensation but may be reimbursed for per diem
2294 and travel expenses as provided in s. 112.061, Florida Statutes,
2295 for attending meetings of the board of supervisors or performing
2296 official duties pertaining to the district.
2297 Section 6. Treasurer; depositories; fiscal agent.—
2298 (1) The board of supervisors shall designate a person who
2299 is a resident of the State of Florida, or a bank or trust
2300 company organized under the laws of the State of Florida, as
2301 treasurer of the district, who shall have charge of the funds of
2302 the district. Such funds shall be disbursed only upon the order
2303 of or pursuant to the resolution of the board of supervisors by
2304 warrant or check signed by the treasurer, or by such other
2305 person as may be authorized by the board. The treasurer shall
2306 perform such other or additional powers and duties and receive
2307 such compensation as the board of supervisors deems appropriate.
2308 The board of supervisors may require the treasurer to give a
2309 bond in such amount, on such terms, and with such sureties as
2310 may be deemed satisfactory to the board to secure the
2311 performance by the treasurer of the delegated powers and duties.
2312 The board of supervisors shall audit or have audited the books
2313 of the treasurer at least once a year.
2314 (2) The board of supervisors is authorized to select as
2315 depositories in which the funds of the board and of the district
2316 shall be deposited any banking corporation organized under the
2317 laws of the State of Florida or under the national banking act,
2318 doing business in the State of Florida, upon such terms and
2319 conditions as to the payment of interest by such depository upon
2320 the funds so deposited as the board deems just and reasonable.
2321 (3) The State Chief Financial Officer may from time to time
2322 adopt, revise, and rescind rules and regulations prescribing the
2323 qualifications of depositories of funds of the district and
2324 establishing requirements for security to be given by
2325 depositories with respect to such funds. In the absence of any
2326 such rules and regulations issued by the State Chief Financial
2327 Officer, the board of supervisors may prescribe the
2328 qualifications of depositories and the requirements for security
2329 to be given by depositories.
2330 (4) The board of supervisors may employ a fiscal agent, who
2331 shall be either a resident of the State of Florida or a
2332 corporation organized under the laws of this or any other state
2333 and authorized by such laws to act as such fiscal agent for
2334 municipal corporations in the State of Florida and who shall
2335 assist in the keeping of the books of account, the receiving of
2336 tax revenues, and the remitting of funds to pay maturing bonds
2337 and coupons, and perform such other or additional services and
2338 duties as fiscal agent and receive such compensation as the
2339 board may determine.
2340 Section 7. Powers and duties of board of supervisors.
2341 Except as otherwise provided in this act, all of the powers and
2342 duties of the district shall be exercised by and through the
2343 board of supervisors. Without limiting the generality of the
2344 foregoing, the district, by and through the board of
2345 supervisors, shall have the power and authority to:
2346 (1) Employ engineers, contractors, consultants, attorneys,
2347 auditors, agents, employees, and representatives as the board
2348 may from time to time determine, on such terms and conditions as
2349 the board may approve, and fix their compensation and duties.
2350 The board of supervisors may delegate to the district
2351 administrator employee hiring and termination decisions and
2352 certain procurement decisions for retaining professional
2353 services and other consultants and contractors.
2354 (2) Adopt bylaws, rules, resolutions, and orders
2355 prescribing the powers, duties, and functions of the officers of
2356 the district, the conduct of the business of the district, the
2357 maintenance of records, and the form of certificates evidencing
2358 tax liens and all other documents and records of the district.
2359 The board of supervisors may adopt administrative rules and
2360 regulations with respect to any of the projects of the district,
2361 on proper notice and public hearing. Any resolution authorized
2362 by this act must be adopted at a public meeting of the board of
2363 supervisors after reading of the resolution or its title.
2364 Reasonable notice of the public meeting must be provided at
2365 least 10 days before the public meeting and must indicate the
2366 board’s intent to consider such resolution. Unless the board
2367 provides otherwise, only one reading at one public meeting for
2368 adoption is required. Any resolution adopted in accordance with
2369 the requirements of this act shall be effective for all
2370 statutory purposes where adoption of a resolution is required.
2371 (3) Maintain an office at such place or places as it may
2372 designate within the district’s boundaries.
2373 (4) Enter or direct the entry upon any lands, premises,
2374 waters, or other property subject to the requirements of due
2375 process as to privately owned property.
2376 (5) Execute all contracts and other documents, adopt all
2377 proceedings, and perform all acts determined by the board to be
2378 necessary or that are otherwise authorized by general law or
2379 this act. The board of supervisors may authorize one or more
2380 members of the board to execute contracts and other documents on
2381 behalf of the board or the district.
2382 (6) Establish and create such departments, boards,
2383 committees, or other entities as from time to time the board
2384 deems necessary, or that are otherwise authorized by general law
2385 or this act, in the performance of any acts or other things
2386 necessary to the exercise of the powers provided in this act,
2387 and to delegate to such departments, boards, committees, or
2388 other entities such administrative duties and other powers as
2389 the board deems necessary or that are otherwise authorized by
2390 general law or this act.
2391 (7) Examine, and authorize any officer or agent of the
2392 district to examine, the county tax rolls with respect to the
2393 assessed valuation of the real and personal property within the
2394 district.
2395 (8) Adopt and enforce policies governing the solicitation
2396 and award of contracts entered into by the district.
2397 (9) Adopt and enforce employment and personnel policies
2398 governing employees.
2399 (10) Purchase and maintain insurance policies for the
2400 protection of the district and the district’s projects,
2401 properties, officers, employees, and agents performing work on
2402 behalf of the district.
2403 (11) Provide for the indemnification and defense of board
2404 members and district officers, employees, and agents pursuant to
2405 ss. 111.07 and 111.071, Florida Statutes, or otherwise in
2406 accordance with law.
2407 Section 8. Powers of district.—In addition to and not in
2408 limitation of the powers and authorities of the district under
2409 chapter 298, Florida Statutes, and amendments thereto, the
2410 district shall have the following powers:
2411 (1) Legal proceedings.—To sue and be sued by its name in
2412 any court of law or in equity.
2413 (2) Corporate seal.—To adopt and use a corporate seal and
2414 to alter the same at the district’s pleasure.
2415 (3) Ownership and disposition of property.—To acquire
2416 property, real, personal, or mixed, within its territorial
2417 limits, in fee simple or any lesser interest or estate, by
2418 purchase, gift, devise, lease, exchange, or otherwise on such
2419 terms and conditions as the board of supervisors deems necessary
2420 or that are otherwise authorized by general law or this act, and
2421 by eminent domain, subject to the limitations of subsection (5),
2422 all provided that the board determines that the use or ownership
2423 of such property is necessary in the furtherance of a designated
2424 lawful purpose authorized under the provisions of this act or
2425 chapter 298, Florida Statutes, and amendments thereto; to
2426 acquire mineral rights and leases; to acquire title to submerged
2427 lands and riparian rights and easements or rights-of-way with or
2428 without restrictions within the limits of the district; to
2429 accept the dedication of streets and other rights-of-way,
2430 easements, and other interests on such terms and conditions as
2431 the board may approve; to make purchase money mortgages and deed
2432 trusts and other forms of encumbrance on any property acquired
2433 by the district and to purchase property subject to purchase
2434 money mortgages, or other encumbrances; and to mortgage, hold,
2435 manage, control, convey, lease, sell, grant, or otherwise
2436 dispose of the same, and of any of the assets and properties of
2437 the district, with or without consideration.
2438 (4) Lease of facilities.—Whenever deemed necessary by the
2439 board of supervisors, or as otherwise authorized by general law
2440 or this act, to lease as lessor or lessee to or from any person,
2441 firm, corporation, association, or body, public or private, any
2442 projects of the type that the district is authorized to
2443 undertake and facilities or property of any nature for the use
2444 of the district and to carry out any of the purposes of the
2445 district, subject to the limitations of section 20.
2446 (5) Eminent domain.—To exercise within the territorial
2447 limits of the district the right and power of eminent domain in
2448 all cases and under all circumstances provided for in ss. 298.22
2449 and 298.62, Florida Statutes, and amendments thereto. In
2450 addition to and not in limitation of the foregoing, the district
2451 may also exercise the right and power of eminent domain within
2452 the territorial limits of the district for the purpose of
2453 condemning any real, personal, or mixed property, public or
2454 private, including property owned by the City of Bay Lake or the
2455 City of Lake Buena Vista, which the board of supervisors deems
2456 necessary for the use, construction, or operation of any of the
2457 projects of the district or otherwise to carry out any of the
2458 purposes of the district. The power of eminent domain shall be
2459 exercised as provided by general law. No county, municipality,
2460 school district, or special district shall exercise the power of
2461 eminent domain with respect to any of the properties, easements,
2462 or rights owned by the district and lying within the district
2463 except with the express consent of the board of supervisors.
2464 (6) Reclamation; drainage; irrigation.—To adopt and amend a
2465 plan of reclamation, and to own, acquire, construct,
2466 reconstruct, equip, operate, maintain, extend, and improve
2467 canals, ditches, ponds, lakes, reservoirs, drains, dikes,
2468 levees, pumps, plants, and pumping systems and other works for
2469 drainage purposes, and irrigation works, machinery, and plants.
2470 The district shall publish its plan within 30 days after any
2471 adoption or amendment of such plan.
2472 (7) Water and flood control; erosion control; eligibility
2473 for state assistance.—To own, acquire, construct, reconstruct,
2474 equip, maintain, operate, extend, and improve water and flood
2475 control facilities; to regulate the supply and level of water
2476 within the district; to divert waters from one area, lake, pond,
2477 river, stream, basin, or drainage or water flood control
2478 facility to any other area, lake, pond, river, stream, basin, or
2479 drainage or water flood control facility; to regulate, control,
2480 and restrict the development and use of natural or artificial
2481 streams or bodies of water, lakes, or ponds; and to take all
2482 measures determined by the board of supervisors to be necessary,
2483 or that are otherwise authorized by general law or this act, to
2484 prevent or alleviate land erosion. Subject to the limitations of
2485 section 6 of this act, the powers granted to the district by
2486 this subsection shall be exclusive within the area of the
2487 district of the exercise of the same or like powers by any other
2488 political subdivision of the state, and no other political
2489 subdivision of the state shall within the area of the district
2490 exercise the same or like powers as are granted to the district
2491 under this subsection except upon the concurrence of the board
2492 of supervisors. The foregoing does not limit the state and its
2493 agencies from exercising state authority over the district. The
2494 Legislature finds and declares the district eligible to receive
2495 moneys, disbursements, and assistance from the state available
2496 to flood control or water management districts and navigation
2497 districts or agencies.
2498 (8) Water and sewer systems.—To own, acquire, construct,
2499 reconstruct, equip, operate, maintain, extend, and improve water
2500 systems, reclaimed water systems, and sewer systems or combined
2501 water, reclaimed water, and sewer systems; to regulate the use
2502 of sewers and the supply of potable water and nonpotable water
2503 within the district; to prohibit or regulate the use and
2504 maintenance of outhouses, privies, septic tanks, or other
2505 sanitary structures or appliances within the district; to
2506 prescribe methods of pretreatment of wastes not amenable to
2507 treatment with domestic sewage before accepting such wastes for
2508 treatment and to refuse to accept such wastes when not
2509 sufficiently pretreated as may be prescribed, and to prescribe
2510 penalties for the refusal of any person or corporation to so
2511 pretreat such wastes; to sell or otherwise dispose of the
2512 effluent, sludge, or other byproducts as a result of sewage
2513 treatment; and to construct and operate connecting,
2514 intercepting, or outlet sewers and sewer mains and pipes and
2515 water mains, conduits, or pipelines in, along, through, across,
2516 on, or under any street, alley, highway, or other public place
2517 or way within the district, when deemed necessary by the board
2518 of supervisors or as otherwise authorized by general law or this
2519 act.
2520 (9) Waste collection and disposal.—To own, acquire,
2521 construct, reconstruct, equip, operate, maintain, extend, and
2522 improve a waste collection and disposal system, and to sort,
2523 sell, or otherwise dispose of any recyclable materials,
2524 effluent, residue, or other byproducts of such system.
2525 (10) Mosquito and pest control; eligibility for state aid.
2526 To establish a program for the control, abatement, and
2527 elimination of mosquitos and other noxious arthropods, insects,
2528 reptiles, rodents, and other pests throughout the district and
2529 to undertake such works and construct such facilities within the
2530 district as may be determined by the board of supervisors to be
2531 needed to effectuate such program or when necessary for the
2532 health, safety, and welfare of the inhabitants, workers,
2533 employees, or guests of or visitors to the district. The
2534 Legislature finds and declares the district eligible to receive
2535 state funds, supplies, services, and equipment available or that
2536 may in the future become available to mosquito or pest control
2537 districts.
2538 (11) Recreation facilities.—To own, acquire, construct,
2539 reconstruct, equip, operate, maintain, extend, and improve
2540 parks, playgrounds, picnic grounds, camping facilities, docks,
2541 boating and fishing facilities, bathing beaches, and other water
2542 recreation facilities.
2543 (12) Parking facilities.—To own, acquire, construct,
2544 reconstruct, equip, operate, maintain, extend, and improve
2545 parking facilities, to install or cause to be installed parking
2546 meters at or near the curbs of streets, roads, and other public
2547 ways within the district, and to adopt such regulations and
2548 impose such charges in connection with any parking facilities
2549 and parking meters as the board of supervisors deems necessary
2550 or that are otherwise authorized by general law or this act.
2551 (13) Fire protection.—To own, acquire, construct,
2552 reconstruct, equip, maintain, operate, extend, and improve fire
2553 control facilities for the district, including fire stations,
2554 water mains and plugs, fire trucks, and other vehicles and
2555 equipment, and to undertake such works and construct such
2556 facilities as may be determined necessary by the board of
2557 supervisors, or that are otherwise authorized by general law or
2558 this act, to carry out a program of fire prevention and fire
2559 control within the district.
2560 (14) Transportation.-To own, acquire, construct,
2561 reconstruct, equip, operate, maintain, extend, and improve
2562 common, private, or contract carriers, buses, vehicles,
2563 railroads, monorails, airplanes, helicopters, boats, and other
2564 transportation systems and facilities as may be determined from
2565 time to time by the board of supervisors to be useful or
2566 appropriate to meet the transportation requirements of the
2567 district and activities conducted within the district. In
2568 addition, the district may own, acquire, construct, reconstruct,
2569 equip, operate, maintain, extend, and improve helipads and sites
2570 for vertical takeoff and landings within the boundaries of the
2571 district.
2572 (15) Public utilities.—To own, acquire, construct,
2573 reconstruct, equip, operate, maintain, extend, and improve
2574 electric power plants, solar energy generating systems,
2575 transmission lines and related facilities, gas mains and
2576 facilities of any nature for the production, handling,
2577 distribution, or sale of natural gas, centrally distributed
2578 heating and air conditioning facilities and services, telephone
2579 lines, wireless communications systems, internet, and fiber
2580 optic cables and lines, facilities, plants, and systems, and
2581 other communications systems of any nature, and to purchase and
2582 sell electric power, natural gas, and other sources of power for
2583 distribution within the district.
2584 (16) Conservation areas and sanctuaries.—To designate, set
2585 aside, acquire, own, and maintain lands and areas within the
2586 district as conservation areas or bird and wildlife sanctuaries,
2587 paths, and corridors; to stock such areas with animal and plant
2588 life and to stock water areas with fish and other aquatic life;
2589 to adopt and enforce rules and regulations with respect thereto
2590 and to protect and preserve the natural beauty thereof; and to
2591 do all acts necessary, or that are otherwise authorized by
2592 general law or this act, in order to qualify such lands and
2593 areas as conservation areas, corridors, and sanctuaries under
2594 any of the laws of the state or under federal law.
2595 (17) Issuance of bonds.—To issue general obligation bonds,
2596 revenue bonds, assessment bonds, or any other bonds or
2597 obligations authorized by the provisions of this act or any
2598 other applicable law, or any combination of the foregoing, to
2599 pay all or part of the cost of the acquisition, construction,
2600 reconstruction, extension, repair, improvement, maintenance, or
2601 operation of any project or combination of projects, to provide
2602 for any facility, service, or other activity of the district,
2603 and to provide for the retirement or refunding of any bonds or
2604 obligations of the district, or for any combination of the
2605 foregoing purposes.
2606 (18) Ancillary powers.—To own, acquire, construct,
2607 reconstruct, equip, operate, maintain, extend, and improve such
2608 other projects as the board of supervisors may in its discretion
2609 find necessary, or that are otherwise authorized by general law
2610 or this act, to accomplish the purposes of this act, and to
2611 exercise through its board of supervisors all powers necessary,
2612 convenient, or proper to carry out the purposes of this act.
2613 Section 9. Authority of district with respect to roads,
2614 bridges, street lighting, etc.—
2615 (1) The district shall have the powers, and shall be
2616 entitled to the benefits and privileges under law, of special
2617 road and special road and bridge districts. The district shall
2618 have the right and power to own, acquire, open, extend, close,
2619 vacate, abandon, construct, reconstruct, replace, expand,
2620 contract, limit, pave, operate, improve, regulate, and maintain
2621 highways, streets, roads, bridges, alleys, sidewalks,
2622 promenades, boardwalks, tunnels, interchanges, underpasses,
2623 overpasses, causeways, storm drains, and public thoroughfares of
2624 all kinds and descriptions that are located within and are owned
2625 and controlled by the district (hereinafter collectively and
2626 severally referred to as “public roads”) and connections to and
2627 extensions of any and all existing public roads within the
2628 district deemed necessary or convenient by the board of
2629 supervisors to provide access to and from and efficient
2630 development, redevelopment, preservation, protection, or
2631 enforcement of the real property within the district; to
2632 regulate and control the use, encroachments in, upon, over, and
2633 under, and the obstruction thereof; to erect, maintain, and from
2634 time to time change the location of traffic control devices and
2635 signs and street signs; and to construct and maintain sidewalks
2636 and street lights along public roads and access ways and
2637 elsewhere in the district as may from time to time be deemed
2638 appropriate by the board of supervisors adequately to service
2639 the district and its residential, park, recreational,
2640 commercial, and industrial areas. The district has no authority
2641 to take by eminent domain or otherwise acquire, or to prohibit
2642 or regulate, any federal or state roadway or other
2643 transportation facility without the consent of, respectively,
2644 the Federal Highway Administration or the State Department of
2645 Transportation.
2646 (2) The district shall have the right and authority to
2647 contract with and franchise public or private persons to own,
2648 acquire, open, extend, close, vacate, construct, pave, operate,
2649 maintain, and improve public roads on such terms with respect to
2650 construction, maintenance, operation, and restrictions on the
2651 use of the public roads as the district may determine to be
2652 appropriate. No private toll road franchised by the district and
2653 no private road connected to or an extension of any state or any
2654 other public road within the district shall, by reason of such
2655 connection with a public road, and when not otherwise dedicated
2656 to the use of the public, constitute or be deemed a public road.
2657 Without limiting the district’s authority to use ad valorem
2658 taxes and other unencumbered collected fees and revenues within
2659 the district, the district may use ad valorem taxes and other
2660 unencumbered collected fees and revenues to provide funding for
2661 public road projects, rail projects, and other regional
2662 transportation projects outside of the district’s boundaries
2663 provided that such projects are within Orange County or Osceola
2664 County; improve a street, road, highway, interstate, or rail
2665 system that abuts or crosses into or through the district; serve
2666 or benefit the property owners in the district as determined by
2667 the board; and are performed, operated, governed, managed, or
2668 appropriated by the state or its agencies, Orange County, or
2669 Osceola County. Ad valorem taxes and other fees and revenues
2670 directed to projects under this subsection may not exceed 5
2671 mills per annum on the assessed value of the taxable property
2672 within the district. For purposes of this subsection, the
2673 reference to 5 mills is a limitation on annual spending
2674 authority under this subsection and is not to be construed as
2675 authority to impose ad valorem taxes in excess of the total
2676 limit on ad valorem taxes under section 24.
2677 (3) The board of supervisors shall have the right and
2678 authority to sell or lease any public road to the State
2679 Department of Transportation, enter lease-purchase agreements
2680 with respect thereto with the State Department of
2681 Transportation, and contract with the same for the construction,
2682 maintenance, regulation, or operation of any public road, on
2683 such terms and conditions as the board and the State Department
2684 of Transportation may agree. The State Department of
2685 Transportation is authorized and empowered to purchase or lease
2686 any public road from the district, enter leasepurchase
2687 agreements with respect to the same, and construct or maintain
2688 any road within the district pursuant to such agreement with the
2689 board of supervisors. The cost of any road acquired, leased, or
2690 constructed by the State Department of Transportation may be
2691 defrayed in whole or in part out of the gasoline tax funds
2692 accruing to the State Department of Transportation for use in
2693 Orange and Osceola Counties, as the case may be, under the
2694 provisions of s. 16, Art. IX of the State Constitution (1885),
2695 as incorporated by s. 9(c), Art. XII of the State Constitution
2696 (1968), ss. 206.41 and 206.60, Florida Statutes, and any other
2697 laws of the state with respect to the application of taxes
2698 levied upon gasoline, special fuels, or other like products.
2699 Section 10. State regulations.—The district shall be
2700 subject to state agency permitting, regulation, and oversight in
2701 accordance with general law except to the extent specifically
2702 stated otherwise in this act, including, without limitation, the
2703 Florida Commission on Ethics, Department of Economic
2704 Opportunity, Department of Revenue, Department of Financial
2705 Services, Florida Fish and Wildlife Conservation Commission, and
2706 Department of Environmental Protection. Any permit or
2707 governmental approval in good standing as of the effective date
2708 of this act shall continue in full force and effect until
2709 completed, expired, revised, or revoked as provided by general
2710 law or this act.
2711 Section 11. Ethics and open government.—The district and
2712 its public officers and employees are subject to part III of
2713 chapter 112, Florida Statutes, the Code of Ethics for Public
2714 Officers and Employees; however, the board of supervisors may
2715 enact and enforce an ethics code that is more stringent than
2716 general law. The district is subject to and shall comply with
2717 chapter 119, Florida Statutes, the Public Records Act. The
2718 district is subject to and shall comply with s. 189.015, Florida
2719 Statutes, and chapter 286, Florida Statutes.
2720 Section 12. Preemption.—The district shall not have
2721 authority to adopt and enforce any resolution, code, or
2722 regulation on a subject that is expressly preempted to the state
2723 by general law unless otherwise expressly stated in this act.
2724 Section 13. Exercise by district of powers within counties,
2725 municipalities, and political subdivisions.—The district shall
2726 have the power to exercise any of its rights, powers,
2727 privileges, and authorities in any and all portions of the
2728 district lying within the boundaries of Orange County, Osceola
2729 County, the City of Bay Lake, the City of Lake Buena Vista, and
2730 any other municipal corporation or other political subdivision,
2731 heretofore or hereafter created or organized, the boundaries of
2732 which lie wholly or partly within the geographic limits of the
2733 district, to the same extent and in the same manner as in areas
2734 of the district not incorporated as part of a county,
2735 municipality, or other political subdivision. With respect to
2736 any county, municipal corporation, or other political
2737 subdivision the boundaries of which lie partly within and partly
2738 outside the geographic limits of the district, the district
2739 shall have the power to exercise its rights, powers, privileges,
2740 and authorities only within the portion of such county,
2741 municipal corporation, or other political subdivision lying
2742 within the boundaries of the district, except as otherwise
2743 provided in section 14. In the event of a conflict between the
2744 provisions of this act and the powers of the district herein
2745 provided for and the provisions of any charter or law, now or
2746 hereafter enacted or adopted, establishing or pertaining to any
2747 county, municipal corporation, or other political subdivision
2748 the boundaries of which lie wholly or partly within the
2749 district, the provisions of this act shall control in the
2750 portion of such county, municipal corporation, or other
2751 political subdivision which lie within the geographic limits of
2752 the district, unless such other enactment of state law
2753 specifically limits, repeals, supersedes, or amends this act. To
2754 the extent any code, ordinance, rule, policy, or regulation of
2755 such county, municipal incorporation, or other political
2756 subdivision conflicts with or is inconsistent with this act,
2757 this act controls.
2758 Section 14. Furnishing facilities and services within
2759 district territory.—
2760 (1) The district shall have the power to construct,
2761 maintain, and operate its projects within the geographic limits
2762 of the district, including any portions of the district located
2763 inside the boundaries of any county, incorporated municipality,
2764 or other political subdivision, and to offer, supply, and
2765 furnish the facilities and services provided for in this act to,
2766 and to collect fees, rentals, and other charges from, persons,
2767 firms, corporations, counties, municipalities, political
2768 subdivisions, and other public or private agencies or bodies
2769 within the geographic limits of the district, and for the use of
2770 the district itself.
2771 (2)(a) For any project that the district is currently
2772 constructing as of, or has constructed prior to, the effective
2773 date of this act, outside the geographic limits of the district,
2774 the district may continue to complete, operate, and maintain
2775 such projects and charge and collect fees, rents, charges, or
2776 other revenues on such projects subject to any terms and
2777 conditions of applicable agreements that may exist.
2778 (b) On or after the effective date of this act:
2779 1. The district shall not construct any project outside of
2780 the geographic limits of the district, except upon the consent,
2781 approval, or certification of any regulatory agency, the state,
2782 or the governing body of any county, municipality, or other
2783 political subdivision thereof in which the project is located.
2784 2. The district may offer, furnish, or supply facilities
2785 and services outside of the geographic limits of the district;
2786 however, if consent, approval, or certification of any
2787 regulatory agency, the state, or the governing body of any
2788 county, municipality, or other political subdivision thereof is
2789 required by law such consent, approval, or certification must be
2790 obtained.
2791
2792 Subject to such approval, the district may charge and collect
2793 fees, rents, charges, or other revenues on such projects.
2794 Section 15. Mandatory use of certain district facilities
2795 and services.—The district may require all lands, buildings, and
2796 premises, and all persons, firms, and corporations, within the
2797 district or within any zone or area within the district created
2798 for such purpose, to use the drainage and reclamation
2799 facilities, flood control facilities, water and sewer systems,
2800 and waste collection and disposal systems of the district.
2801 Subject to such exceptions as may be provided by the
2802 resolutions, rules, or bylaws of the board of supervisors, and
2803 subject to the terms and provisions of any resolution
2804 authorizing any bonds and agreements with bondholders, no
2805 drainage and reclamation facilities, flood control facilities,
2806 water and sewer systems, or waste collection and disposal
2807 systems shall be constructed or operated within the district
2808 unless the board gives its consent thereto and approves the
2809 plans and specifications therefor.
2810 Section 16. Maintenance of projects across rights-of-way.
2811 The district shall have the power to construct and operate its
2812 projects in, on, along, across, through, or under any streets,
2813 alleys, highways, or other public places or ways, and across any
2814 drain, ditch, canal, floodway, holding basin, excavation,
2815 railroad right-of-way, track, grade, fill, or cut. However, just
2816 compensation shall be paid by the district for any private
2817 property taken or damaged by the exercise of such power to the
2818 extent required by law. For properties owned by the state or the
2819 Federal Government, the consent of the state or the Federal
2820 Government, as applicable, shall be required for the district to
2821 construct and operate the district project or projects within
2822 the state-owned or federally owned properties and facilities.
2823 Section 17. Fees, rentals, fares, and charges; procedure
2824 for adoption and modification; minimum revenue requirements.—
2825 (1) The district shall have the power to prescribe, fix,
2826 establish, and collect rates, fees, rentals, fares, or other
2827 charges (hereinafter sometimes referred to as “revenues”), and
2828 to revise the same from time to time, for the facilities and
2829 services furnished or to be furnished by the district,
2830 including, but not limited to, drainage facilities, water and
2831 sewer systems, waste collection and disposal systems, and other
2832 public utilities, and to recover the costs of making connection
2833 with any district facility or system.
2834 (2) No such rates, fees, rentals, fares, or other charges
2835 for any of the facilities or services of the district, other
2836 than parking facilities and parking meters, shall be fixed until
2837 after a public hearing at which all the users of the proposed
2838 facility or services or owners, tenants, or occupants served or
2839 to be served thereby and all other interested persons have an
2840 opportunity to be heard concerning the proposed rates, fees,
2841 rentals, fares, or other charges. Notice of such public hearing
2842 setting forth the proposed schedule or schedules of rates, fees,
2843 rentals, fares, and other charges shall be published as provided
2844 in chapter 50, Florida Statutes, at least 10 days prior to such
2845 public hearing, which may be adjourned from time to time. After
2846 such hearing, such schedule or schedules, either as initially
2847 proposed or as modified or amended, may be finally adopted. A
2848 copy of the schedule or schedules of such rates, fees, rentals,
2849 fares, or other charges as fina1ly adopted shall be kept on file
2850 in an office designated by the board of supervisors and shall be
2851 open at all reasonable times to public inspection. The rates,
2852 fees, rentals, fares, or other charges so fixed for any class of
2853 users or property served shall be extended to cover any
2854 additional users or properties thereafter served which fall in
2855 the same class, without the necessity of any notice or hearing.
2856 Any change or revision of rates, fees, rentals, fares, or other
2857 charges may be made in the same manner as the same were
2858 originally established, as hereinabove provided, except that if
2859 such changes or revisions are made substantially pro rata as to
2860 all classes of the type of service involved, no notice or
2861 hearing shall be required.
2862 (3) Such rates, fees, rentals, fares, and other charges
2863 shall be just, equitable, and uniform for users of the same
2864 class and, where appropriate, may be based or computed either
2865 upon the amount of service furnished or upon the number or
2866 average number of persons residing or working or otherwise
2867 occupying the premises served, or upon any other factor
2868 affecting the use of the facilities furnished, or upon any
2869 combination of the foregoing factors, as may be determined by
2870 the board of supervisors on an equitable basis.
2871 (4) The rates, fees, rentals, fares, or other charges
2872 prescribed shall be such as will produce revenues, together with
2873 any other assessments, taxes, revenues, or funds available or
2874 pledged for such purpose, at least sufficient to provide for the
2875 following items, but not necessarily in the order stated:
2876 (a) To provide for all expenses of operation and
2877 maintenance of such facility or service, including reserves for
2878 such purpose;
2879 (b) To pay, when due, all bonds and interest thereon for
2880 the payment of which such revenues are or have been pledged or
2881 encumbered, including reserves for such purpose; and
2882 (c) To provide for any other funds that may be required
2883 under the resolution or resolutions authorizing the issuance of
2884 bonds pursuant to this act.
2885 (5) The board of supervisors shall have the power to enter
2886 into contracts for the use of the projects of the district and
2887 with respect to the services and facilities furnished or to be
2888 furnished by the district, including, but not limited to,
2889 service agreements with landowners and others within the
2890 district providing for the furnishing of any of the services and
2891 facilities of the district, for such consideration and on such
2892 other terms and conditions as the board may approve.
2893 Furthermore, the board of supervisors shall have the power to
2894 enter into contracts or service agreements with landowners and
2895 others within or outside of the district providing for the
2896 drainage of land by the district. Such contracts and agreements
2897 shall not be subject to the provisions and limitations of
2898 subsections (2), (3), and (4) but:
2899 (a) Shall be subject to the limitations of section 14.
2900 (b) Shall not be entered into for a period longer than 40
2901 years from the effective date thereof.
2902 (c) Shall be fair and reasonable in relation to the rates,
2903 fees, rentals, fares, or other charges to be paid by other users
2904 of the facilities and services concerned.
2905
2906 Such contracts or agreements, and revenues or service charges
2907 received or to be received by the district thereunder, may be
2908 pledged as security for any of the bonds of the district.
2909 Section 18. Recovery of delinquent charges.—In the event
2910 that any of the rates, fees, rentals, charges, or delinquent
2911 penalties are not paid as and when due and are in default for 30
2912 days or more, the unpaid balance thereof and all interest
2913 accrued thereon, together with attorney fees and costs, may be
2914 recovered by the district in a civil action.
2915 Section 19. Discontinuance of service.—In the event that
2916 the fees, rentals, or other charges for the services and
2917 facilities of any project are not paid when due, the board of
2918 supervisors shall have the power to discontinue and shut off the
2919 same until such fees, rentals, or other charges, including
2920 interest, penalties, and charges for the shutting off and
2921 discontinuance and the restoration of such services and
2922 facilities, are fully paid, and for such purposes may enter on
2923 any lands, waters, and premises of any person, firm,
2924 corporation, or other body, public or private, within the
2925 district limits. Such delinquent fees, rentals, or other
2926 charges, together with interest, penalties, and charges for the
2927 shutting off and discontinuance and the restoration of such
2928 services and facilities, and reasonable attorney fees and other
2929 expenses, may be recovered by the district by suit in any court
2930 of competent jurisdiction. The district may also enforce payment
2931 of such delinquent fees, rentals, or other charges by any other
2932 lawful method of enforcement.
2933 Section 20. Agreements with private parties concerning the
2934 furnishing of facilities and services.—The district shall have
2935 the power to enter into agreements with any person, firm, or
2936 corporation for the furnishing by such person, firm, or
2937 corporation of any facilities and services of the type provided
2938 for in this act to the district, and for or on behalf of the
2939 district, to persons, firms, corporations, and other public or
2940 private bodies and agencies to whom the district is empowered
2941 under this act to furnish facilities and services, and the
2942 district may by agreement join with any public or privately
2943 owned utility plant or system in furnishing any of the
2944 facilities or services of the district. However, any
2945 telecommunications company, as defined in s. 364.02, Florida
2946 Statutes, and amendments thereto, and any privately owned or
2947 operated electric power company, so contracting with the
2948 district shall be subject to the provisions and requirements of
2949 general law pertaining to certification and regulation of
2950 telecommunications and electric power companies, and the
2951 district shall not enter into any franchise or other agreement
2952 with any person, firm, or corporation to provide either
2953 independently, jointly with, or as agent of the district or
2954 otherwise, telecommunications service in any area of the
2955 district as to which area such person, firm, or corporation does
2956 not hold a certificate of convenience and necessity from the
2957 Florida Public Service Commission.
2958 Section 21. Interlocal agreements.—The district shall have
2959 the authority to enter into mutual aid agreements and interlocal
2960 agreements with counties, municipalities, law enforcement
2961 agencies, and other public agencies, including, without
2962 limitation, as authorized by s. 163.01, Florida Statutes.
2963 Section 22. Within act is full authority for the
2964 establishment of district projects.—The board of supervisors
2965 shall have exclusive jurisdiction and control over all of the
2966 projects of the district, including, but not limited to, all
2967 drainage and reclamation facilities, water and flood control
2968 facilities, water and sewer systems, public utilities, and
2969 transportation facilities, and over the budget and finances of
2970 the district, including, without limitation, expenditures and
2971 appropriations, except to the extent otherwise provided in this
2972 act and except to the extent that the board may by agreement
2973 with any other public or private body authorize the same to
2974 exercise jurisdiction or control over any of the projects of the
2975 district. Subject to the limitations of and as may be otherwise
2976 required in this section and in section 14, it shall not be
2977 necessary for the district to obtain any certificate of
2978 convenience or necessity, franchise, license, permit, or other
2979 authorization from any bureau, board, commission, or like
2980 instrumentality of the state or any political subdivision
2981 thereof in order to construct, reconstruct, acquire, extend,
2982 repair, improve, maintain, or operate any project, and the
2983 rates, fees, rentals, fares, or other charges to be fixed and
2984 collected with respect to the facilities and services of the
2985 district shall not be subject to the supervision, regulation, or
2986 rate-setting power of any bureau, board, commission, or other
2987 agency of the state or any political subdivision thereof.
2988 Nothing in this section or any other section of this act shall
2989 be deemed to exempt any privately owned or operated
2990 telecommunications company, as defined in s. 364.02, Florida
2991 Statutes, and amendments thereto, or any privately owned or
2992 operated electric power company, or any person, firm, or
2993 corporation other than the district acting either independently,
2994 jointly with, or as agent of the district or otherwise, from the
2995 provisions or requirements of any other law pertaining to the
2996 certification or regulation of telecommunications or electric
2997 power companies, persons, firms, or corporations, or from the
2998 jurisdiction of the Florida Public Service Commission or other
2999 regulatory agencies.
3000 Section 23. Planning; building codes; safety regulations;
3001 platting and subdivisions; zoning.—
3002 (1) EXEMPTION FROM COUNTY ZONING AND REGULATION; LIMITATION
3003 OF MUNICIPAL ORDINANCES AND REGULATIONS.—Chapters 59-1646, 59
3004 1673, 63-1716, 65-975, 65-1999, 65-2015, 83-480, and 83-481,
3005 Laws of Florida, and any other laws of the state now or
3006 hereafter enacted to the contrary notwithstanding, the
3007 jurisdiction and powers of the board of supervisors with respect
3008 to the matters provided for in this section shall be exclusive
3009 of any and all codes, ordinances, requirements, plans, or other
3010 regulations of the respective Boards of County Commissioners of
3011 Orange and Osceola Counties or of any other agency or authority
3012 of Orange County or Osceola County with respect to comprehensive
3013 plans; zoning; building and construction; planning with respect
3014 to the subdividing, uses, development, and redevelopment of
3015 land; regulation of building safety; regulation of escalators,
3016 elevators, and other lifting or transportation devices;
3017 regulation of amusement and recreation parks and facilities;
3018 regulation of plumbing and electrical installations and other
3019 safety or sanitary codes; regulation of water supply wells and
3020 drainage well drilling; the approval and vacating of plats and
3021 subdivisions; and the regulation of subdivisions. The district,
3022 and all land, properties, uses, development, redevelopment, and
3023 activities within the district, are exempt from any and all such
3024 codes, ordinances, requirements, plans, and regulations, and any
3025 and all requirements for building and construction permits and
3026 licenses pertaining to the same, now or hereafter adopted by the
3027 respective Boards of County Commissioners of Orange County and
3028 Osceola County. However, nothing herein shall exempt any general
3029 contractor, electrical contractor, builder, owner-builder, or
3030 specialty contractor from the provisions and requirements of any
3031 other laws of the state with respect to examination and
3032 licensing, or from any of the fees and bonds required of such
3033 contractors or builders by law. The board of supervisors may
3034 provide that the district or such areas or parts thereof as the
3035 board may designate shall remain or become subject to such
3036 county comprehensive plan, zoning, building, and safety codes
3037 and regulations, and regulations and controls with respect to
3038 subdivisions and plats and the vacating thereof, and the uses,
3039 development, and redevelopment thereof. The board of supervisors
3040 may, except as otherwise required by this section, exercise the
3041 powers granted to it in this section within the municipal limits
3042 of any municipality now or hereafter organized or existing
3043 within the district. If the governing body of a municipality
3044 that exists within the district has under the terms of its
3045 charter or under law like powers as provided for herein, the
3046 authority of such municipal governing body is limited to
3047 adopting and enforcing ordinances and regulations that are the
3048 same as or more restrictive than and not in conflict with those
3049 adopted by the district on such matters.
3050 (2) CONFLICTS BETWEEN REGULATIONS OF DISTRICT AND
3051 MUNICIPALITIES.—The district must exercise its authority set
3052 forth in this act to adopt, amend, and enforce a comprehensive
3053 plan in accordance with the Community Planning Act, ss.
3054 163.3161-163.3253, Florida Statutes, and adopt and enforce
3055 zoning regulations, land development regulations, environmental
3056 protection regulations, building and safety codes and
3057 regulations, platting and subdivision regulations, and fire
3058 prevention regulations governing the entire district, including
3059 within the city limits of any municipality within the district.
3060 The district’s comprehensive plan, zoning regulations, and
3061 development regulations, environmental protection regulations,
3062 building and safety codes and regulations, platting and
3063 subdivision regulations, and fire prevention regulations shall
3064 control within the city limits of any municipality within the
3065 district to the extent of any conflict between the district’s
3066 resolutions and regulations on such matters.
3067 (3) REVIEW AND EVALUATION OF EXISTING RESOLUTIONS, CODES,
3068 AND REGULATIONS.—On or before July 1, 2026, the district must
3069 undertake a comprehensive review and evaluation of its
3070 comprehensive plan, zoning regulations, land development
3071 regulations, environmental protection regulations, building and
3072 safety codes and regulations, platting and subdivision
3073 regulations, and fire prevention regulations and adopt revisions
3074 to such as the district determines are necessary for health,
3075 safety, and welfare and for consistency with this act.
3076 (4) COMPREHENSIVE PLANNING; BUILDING AND SAFETY CODES.—The
3077 board of supervisors shall have the power to:
3078 (a) Adopt, review, amend, supplement, or repeal a
3079 comprehensive plan for the physical development of the area
3080 within the district in accordance with the Community Planning
3081 Act, ss. 163.3161-163.3253, Florida Statutes, and the objectives
3082 and purposes of this act.
3083 (b) Adopt, review, amend, supplement, or repeal codes
3084 regulating building safety, elevators, escalators, and similar
3085 devices, the prevention of fire hazards, plumbing and electrical
3086 installations, the operation of amusement and recreation parks
3087 and facilities, water supply wells and drainage wells, and such
3088 other safety or sanitary codes as the board of supervisors may
3089 determine to be necessary. The jurisdiction and power of the
3090 board provided for herein shall be exclusive of the Florida
3091 Building Code and the Florida Fire Prevention Code, provided
3092 that any such codes adopted by the district are at least
3093 equivalent to the minimum standards in the Florida Building Code
3094 and the Florida Fire Prevention Code as required by subsection
3095 (10). With respect to buildings and structures existing, under
3096 construction, or permitted prior to the effective date of this
3097 act, the board of supervisors may determine whether retrofit
3098 improvements will be necessary to conform with, in whole or in
3099 part, current code standards, and the board of supervisors may
3100 grant waivers to current code standards concerning such
3101 buildings and structures.
3102 (c) Prohibit the construction, alteration, repair, removal,
3103 or demolition, or the commencement of the construction,
3104 alteration, repair (excepting emergency repairs), removal, or
3105 demolition, of any building or structure, including, but not
3106 limited to, public utility poles, lines, pipes, and facilities,
3107 without first obtaining a permit from the board of supervisors
3108 or such other officer or agency as the board may designate, and
3109 to prescribe the procedure with respect to the obtaining of such
3110 permit.
3111 (d) Provide for the manner in which such comprehensive
3112 general plans, codes, regulations, and restrictions shall be
3113 determined, established, and enforced, and amended,
3114 supplemented, changed, or repealed, as the board of supervisors
3115 may determine, with notice and public hearing as required by
3116 law.
3117 (e) Review, process, and comment on and approve, approve
3118 with conditions, or reject applications for development orders
3119 and building permits pertaining to properties within the
3120 district. Appeals or challenges to development orders and
3121 building permits shall be in the same manner as provided by law.
3122 (5) RECORDING OF PLATS.—
3123 (a) Whenever land in the district is platted into lots,
3124 blocks, parcels, tracts, or other portions, however designated,
3125 a plat thereof shall be recorded in the public records of Orange
3126 County or Osceola County, as the case may be. No such plat shall
3127 be recorded either as an independent instrument or by attachment
3128 to another instrument entitled to record unless and until it is
3129 first approved by the board of supervisors. Plats approved by
3130 the board of supervisors and recorded in the public records of
3131 Orange County or Osceola County must meet the minimum
3132 requirements of and be consistent with part I of chapter 177,
3133 Florida Statutes. Any plat recorded in violation of this section
3134 shall be invalid and subject to expungement.
3135 (b) The board of supervisors shall be authorized and
3136 empowered to prescribe, as prerequisites to the approval for
3137 record of any plat or plats of lands within the district, the
3138 width and location of roads, streets, alleys, thoroughfares, and
3139 ditches and setback therefrom; to adopt and prescribe rules and
3140 regulations to effectuate the provisions and purposes of this
3141 act; to prescribe specifications and requirements for
3142 regulations relating to the construction of roads, streets,
3143 alleys, and drainage facilities, minimum lot sizes, maximum
3144 block sizes, building lines, names of streets and roads, bridge
3145 construction, water supply, sewage disposal, and other related
3146 matters involving lands to be platted; to prescribe information
3147 to be shown on plats, including, without limitation, parks,
3148 recreation areas, and open spaces; and to require the furnishing
3149 to the board of supervisors of a good and sufficient bond
3150 conditioned upon the completion of the drainage, sewage,
3151 streets, roads and alleys, and other improvements shown on the
3152 plat within such time or times as may be required by the board,
3153 and such bond shall be approved by the board.
3154 (c) The board of supervisors is further granted the
3155 authority and discretion to waive the platting and recording of
3156 land into lots, roads, blocks, parcels, tracts, or other
3157 portions, however designated, in any instance in which the board
3158 determines that the dividing or subdividing of the land without
3159 a recorded plat is not injurious to the public health, safety,
3160 comfort, convenience, and welfare of the inhabitants of the
3161 district.
3162 (6) VACATING OF PLATS.—
3163 (a) Plats or integrated portions or parcels of land
3164 heretofore or hereafter platted within the district may be
3165 vacated upon the resolution of the board of supervisors upon
3166 such terms and conditions as the board may prescribe by
3167 regulation. Such regulation may require, inter alia, the payment
3168 of all taxes and assessments and the redemption from all
3169 outstanding tax sales, and the dedication to the public of all
3170 roads, streets, alleys, and other thoroughfares, however
3171 designated.
3172 (b) Upon approval by the board of supervisors of the
3173 recording of a plat or the vacating of a plat or portions
3174 thereof, the approval or consent to such recording or vacating
3175 shall not be required of any other body, authority, or agency of
3176 Orange County or Osceola County or any political subdivision
3177 thereof.
3178 (7) SUBDIVISION OF LANDS.—
3179 (a) In addition to and not in limitation of any of the
3180 other powers of the board of supervisors under this act,
3181 whenever land in the district is to be subdivided, the proposed
3182 plan for subdivision and use of the land shall be presented to
3183 the board for its approval in accordance with the standards and
3184 provisions of this act and in accordance with any rules and
3185 regulations that may be adopted by the board. The board of
3186 supervisors shall have the power to adopt subdivision
3187 regulations providing:
3188 1. Requirements for general information concerning existing
3189 conditions and proposed developments as a prerequisite to the
3190 approval of subdivision plans or plats. This information may
3191 include, without limitation, data on existing covenants, land
3192 characteristics, community facilities, and utilities and
3193 information describing the subdivision proposal, including maps
3194 and reports presenting the number of residential lots, typical
3195 lot width and depth, price range, business areas, playgrounds,
3196 park areas and other open areas, proposed protective covenants,
3197 and proposed utilities, drainage, and street improvements.
3198 2. For proper density of population and intensity of use
3199 and the lengths, widths, and shapes of blocks and lots.
3200 3. That streets in proposed subdivisions, including streets
3201 bordering on proposed subdivisions, shall be of specified widths
3202 and grades and so located as to accommodate prospective traffic
3203 to serve proposed subdivisions adequately, afford adequate light
3204 and air, facilitate fire protection, and provide access for
3205 firefighting equipment to buildings.
3206 4. That such streets be properly arranged, coordinated, and
3207 integrated with existing or planned streets, roads, or highways.
3208 5. That adequate easements or rights-of-way shall be
3209 provided for drainage and all utilities.
3210 6. That the layout and design of proposed subdivisions
3211 shall conform to a comprehensive plan adopted by the board of
3212 supervisors for the area and to measures adopted to implement
3213 the comprehensive plan.
3214 7. The dedication or reservation of land for streets.
3215 8. The extent to which grounds which are to be used for
3216 public purposes other than streets shall be dedicated or
3217 reserved as a condition precedent to approval of any subdivision
3218 or plat.
3219 9. That such parks, playgrounds, sites for public building,
3220 or other areas designated for public use shall be of suitable
3221 size and location for their designated uses.
3222 10. The conditions prerequisite to subdivision and
3223 development of lands subject to seasonal or periodic flooding.
3224 11. The manner in which and the extent to which streets,
3225 sidewalks, water, sewer, and other utility connections or mains,
3226 piping, and any other necessary physical improvements shall be
3227 installed, and the specifications therefor, as conditions
3228 precedent to final approval of the subdivision plan.
3229 12. The requirements of covenants as a prerequisite to
3230 subdivision plan approval.
3231 13. That sufficient and suitable monuments shall be placed
3232 to enable the survey of the subdivision or any part thereof to
3233 be retraced.
3234 14. The numbering and naming of streets and the providing
3235 of street signs.
3236 (b) Subdivision regulations may further provide that the
3237 board shall not approve any subdivision plan or plat unless it
3238 finds after full consideration of all pertinent data that the
3239 subdivision can be served adequately and economically with such
3240 normal public facilities and services as are suitable in the
3241 circumstances of the particular case.
3242 (c) Subdivision regulations may further require as a
3243 prerequisite to the approval of a subdivision plan that:
3244 1. All required improvements shall be installed in accord
3245 with the provisions of the subdivision regulations or amendments
3246 thereto; or
3247 2. A surety bond be executed by a company authorized to do
3248 business in the state which is satisfactory to the board of
3249 supervisors, payable to the district in sufficient amount to
3250 ensure the completion of all required improvements, and provides
3251 for and secures to the public the actual construction and
3252 installation of such improvements within a period required by
3253 the board and expressed in the bond. The board is hereby granted
3254 the power to enforce such bonds by resort to legal and equitable
3255 remedies. As an alternative to the provision of a surety bond,
3256 such regulations may also provide for the deposit of cash in an
3257 escrow account whereby the board or its agent is put in an
3258 assured position to provide the required improvements.
3259 (8) VARIANCES AND WAIVERS.—
3260 (a) Where the board of supervisors finds that extraordinary
3261 hardships may result from strict compliance with its regulations
3262 concerning subdivision and platting, it may vary the regulations
3263 so that substantial justice may be done and the public interest
3264 secured, provided that such variation will not have the effect
3265 of nullifying the intent and purpose of the comprehensive
3266 general plan or the regulations of the board.
3267 (b) The regulations of the board of supervisors may further
3268 provide that the standards and requirements set out in the
3269 regulations may be modified by the board in the case of a plan
3270 and program for a new town which comes under the provisions of
3271 this act, a complete community, or a neighborhood unit, which,
3272 in the judgment of the board, provides adequate public spaces
3273 and improvements for the circulation, recreation, light, air,
3274 and service needs of the tract when fully developed and
3275 populated, and which also provides such covenants or other legal
3276 provisions as will ensure conformity with and achievement of the
3277 comprehensive plan of the board. In granting any such
3278 modifications, the board of supervisors may require such
3279 reasonable conditions and safeguards as will secure
3280 substantially the objectives of the standards or requirements so
3281 modified.
3282 (c) The board of supervisors may waive any or all of the
3283 requirements of this section and the rules and regulations
3284 adopted thereunder if it is determined upon the plans and data
3285 submitted by the subdivider that compliance with this section is
3286 not required because said plan or plat does not conflict with or
3287 nullify the intent and purpose of this act. If a waiver is
3288 granted, compliance with this section shall not be required as
3289 long as the plan, plat, and use of the land upon which the
3290 waiver is granted is not altered, changed, or modified by the
3291 subdivider or subsequent owner. In granting variances and
3292 modifications, the board of supervisors may require such
3293 conditions as will in its judgment secure substantially the
3294 objectives of the standards or requirements so varied or
3295 modified.
3296 (9) ZONING; PLANNING AND ZONING COMMISSION; ZONING BOARD OF
3297 ADJUSTMENT.—In addition to and not in limitation of the
3298 foregoing, the board of supervisors shall have the power to:
3299 (a) Regulate, restrict, and determine the location, height,
3300 number of stories, size, cubic contents, area, and design, and
3301 the erection, construction, reconstruction, alteration, and
3302 repair, of buildings and other structures for trade, industry,
3303 residence, and other purposes, and the materials used in the
3304 construction thereof; the number, location, height, size,
3305 appearance, and use of billboards and all other advertising
3306 signs, banners, handbills, and devices; the percentage and
3307 portion of lots and land that may be occupied or built on;
3308 setback lines; the size of yards, courts, and other open spaces;
3309 the density of population; the use of buildings, structures,
3310 land, and water for trade, industries, residences, apartment
3311 houses, and any and all other purposes; the location, size, and
3312 plan of parks and recreational areas, schools, school sites,
3313 churches, cemeteries, burial places, commercial and industrial
3314 facilities, public and private utilities, traffic, parking
3315 facilities, and drainage and water control facilities; and to
3316 appoint inspectors.
3317 (b) Adopt regulations to prohibit or control the pollution
3318 of air and water, and require electrical power,
3319 telecommunications, and other utility lines, cables, pipes, and
3320 ducts to be placed underground.
3321 (c) Divide the district into zones or districts of such
3322 number, shape, and area as the board of supervisors deems best
3323 suited to carry out the purposes of this section, and within and
3324 for each such district make regulations and restrictions as
3325 provided for in paragraphs (a) and (b). All such regulations
3326 shall be uniform throughout each district, but the regulations
3327 in one district may differ from those in another district.
3328 (d) Provide for the manner in which zoning regulations and
3329 restrictions and the boundaries of zones and districts shall be
3330 determined, established, and enforced and from time to time
3331 amended, supplemented, or repealed.
3332 (e) In appropriate cases, and subject to such principles,
3333 standards, rules, conditions, and safeguards as may be provided
3334 by regulation, make special exceptions to the terms of the
3335 zoning regulations and restrictions in harmony with their
3336 general purpose and intent, and authorize variances from the
3337 strict application of the regulations and restrictions in such
3338 situations and subject to such limitations as may be provided by
3339 regulation.
3340 (f) Establish a Planning and Zoning Commission; prescribe
3341 the powers, duties, and functions of such Planning and Zoning
3342 Commission, the requirements for membership on the commission,
3343 the term or terms of office of members of the commission, and
3344 the rules and procedure to be followed in proceedings before or
3345 involving the commission and as to all other matters affecting
3346 the organization and functioning of the commission; and appoint
3347 the members thereof. The board of supervisors may by regulation
3348 authorize the Planning and Zoning Commission to discharge such
3349 of the administrative duties, powers, and functions of the board
3350 with respect to zoning as may be provided in such regulation.
3351 (g) Hear and decide appeals from any order, requirement,
3352 decision, or determination of the Planning and Zoning Commission
3353 or by any administrative official in connection with any zoning
3354 matter, hear and decide requests for special exceptions from the
3355 terms and provisions of any planning or zoning regulation or
3356 restriction, and grant variances from the terms of any planning
3357 or zoning regulation or restriction in appropriate cases. The
3358 board of supervisors may by regulation provide for a Zoning
3359 Board of Adjustment to discharge any or all of the foregoing
3360 administrative functions and duties, prescribe the requirements
3361 for membership on the Zoning Board of Adjustment, the term or
3362 terms of office, the rules and regulations for all proceedings
3363 before or involving such Zoning Board of Adjustment and as to
3364 all other matters affecting the organization and functioning of
3365 the Zoning Board of Adjustment, and appoint the members thereof.
3366 (10) EQUIVALENT STANDARDS.—Any regulations adopted pursuant
3367 to the provisions of this section relating to safety, health,
3368 sanitation, or building safety shall prescribe standards at
3369 least equivalent to the minimum standards in applicable
3370 statewide regulations protecting the general safety and welfare
3371 of the public.
3372 Section 24. Ad valorem taxes.—The board of supervisors
3373 shall have the power to levy and assess an ad valorem tax on all
3374 the taxable real and tangible personal property in the district
3375 to pay the principal of and interest on any general obligation
3376 bonds of the district, to provide for any sinking or other funds
3377 established in connection with any such bonds, and to finance
3378 and defray the cost of any of the projects or activities of the
3379 district authorized by the provisions of this act or under law,
3380 provided that the district’s ad valorem taxing authority shall
3381 be limited to serving or benefitting the property owners of the
3382 district. The total amount of such ad valorem taxes levied in
3383 any year shall not be in excess of 30 mills on the dollar per
3384 annum on the assessed value of the taxable property within the
3385 district. The ad valorem tax provided for herein shall be in
3386 addition to county and municipal ad valorem taxes provided for
3387 by law.
3388 Section 25. Maintenance taxes.—In addition to the ad
3389 valorem taxes authorized by section 24, the board of supervisors
3390 is authorized to levy and assess a maintenance tax as provided
3391 for in s. 298.54, Florida Statutes, and amendments thereto, in
3392 an amount not to exceed the maximum rate therein provided, and
3393 in addition thereto, a special ad valorem maintenance tax on all
3394 of the taxable real and tangible personal property in the
3395 district, at a rate not exceeding 10 mills on the dollar per
3396 annum, for the purpose of defraying any of the costs and
3397 expenses of the district, including, but not limited to,
3398 maintenance, repair, and operation of the projects of the
3399 district, costs incurred in connection with the financing of
3400 district projects, and costs of administration.
3401 Section 26. Determining property values for ad valorem tax
3402 purposes.-Ad valorem taxes of the district shall be based on the
3403 county assessed valuation of the real and personal property
3404 subject to such district ad valorem taxes.
3405 Section 27. Utility tax.—
3406 (1) The district shall have the right, power, and authority
3407 by resolution of the board of supervisors to impose, levy, and
3408 collect on each and every purchase of electricity, metered or
3409 bottled gas (natural, liquified, petroleum gas or manufactured),
3410 water service, or telecommunications service in its geographic
3411 limits a tax (straight percentage, sliding scale, graduated, or
3412 other basis) in an amount not to exceed 10 percent of the
3413 payments received by the seller of such utility service from the
3414 purchaser for the purchase of such utility service. However, the
3415 sale of natural gas to a public or private utility, including
3416 municipal corporations and rural electric cooperative
3417 associations, either for resale or for use as fuel in the
3418 generation of electricity or other forms of power, shall not be
3419 deemed to be a utility service, and purchases thereof under such
3420 circumstances shall not be taxable hereunder. In every case, the
3421 tax shall be collected from the purchaser of such utility
3422 service and paid by such purchaser for the use of the district
3423 to the seller of such utility service at the time of the
3424 purchaser paying the charges therefor to the seller.
3425 (2) It shall be the duty of every seller of such utility
3426 service, in acting as a tax collection medium or agency for the
3427 district, to collect from the purchaser, for the use of the
3428 district, any tax imposed and levied by resolution of the board
3429 of supervisors pursuant to this section, and to report and pay
3430 over to the board, or such other body or officer as the board
3431 may designate, all such taxes imposed, levied, and collected in
3432 accordance with the accounting and other provisions of the
3433 resolution of the board. Any such resolution may provide that
3434 federal, state, county, and municipal governments and their
3435 commissions and agencies, other tax-supported bodies, public
3436 corporations, authorities, boards and commissions, and churches
3437 and other charitable organizations shall be exempt from the
3438 payment of the taxes imposed and levied thereby. In the event
3439 any such resolution imposes such a tax on the purchase of one of
3440 the utility services described herein and a competitive utility
3441 service or services are purchased in the district, then such
3442 resolution shall impose a tax in like amount on the purchase of
3443 the competitive utility service or services whether privately or
3444 publicly owned or distributed. However, telecommunications
3445 service or other forms of communication shall not be required to
3446 be considered competitive services.
3447 (3) Any tax levied pursuant to this section shall be
3448 separate and in addition to all other taxes, whether levied in
3449 the form of excise, license, or privilege taxes.
3450 (4) Any person, firm, or corporation furnishing such
3451 utility service and required to collect any such tax which
3452 refuses to collect the tax or any portion thereof shall be
3453 liable for and pay the tax.
3454 (5) Each person, firm, or corporation furnishing such
3455 utility service to users in the district may be required by
3456 resolution of the board of supervisors to keep accurate records
3457 of the number of such users, the amount of tax collected, and
3458 such other information as the board may require, and to submit
3459 periodic reports of the same to the district or its agent for
3460 collection, together with remittance of the tax. The board of
3461 supervisors may prescribe the form of report and fix a date upon
3462 which the report and tax shall be due.
3463 (6) For the purpose of compensating the person, firm, or
3464 corporation furnishing utility services hereunder for the
3465 keeping of records prescribed and proper accounting and
3466 remission, the board of supervisors is authorized to allow a
3467 credit in an amount set by the board to be deducted from the
3468 amount of the tax submitted.
3469 Section 28. Determining annual installments of drainage
3470 taxes.—The board of supervisors shall determine, order, and levy
3471 the amount of the annual installments of the total taxes levied
3472 under s. 298.36, Florida Statutes, and amendments thereto, which
3473 shall become due and be collected during each year.
3474 Section 29. Collection of ad valorem taxes; tax discounts.—
3475 (1) The levy by the board of supervisors of the taxes
3476 authorized by or referred to in sections 24 and 25 shall be by
3477 resolution of the board entered upon the minutes of the board.
3478 Certified copies of such resolution executed in the name of the
3479 board by its chair, or such other officer as the board may
3480 designate, under its corporate seal, shall be made and delivered
3481 to the respective Boards of County Commissioners of Orange and
3482 Osceola Counties not later than June 15 of each year in which
3483 said taxes are levied. It shall be the duty of the respective
3484 County Commissioners of Orange and Osceola Counties to order and
3485 require the respective county property appraisers of said
3486 counties to assess, and the respective county tax collectors of
3487 said counties to collect, the amount of taxes so assessed or
3488 levied by the board of supervisors upon the taxable property
3489 within the district not exempt by law, at the rate of taxation
3490 adopted by the board of supervisors for such year, and to
3491 include in the warrant of the property appraisers and attach to
3492 or show the same on the assessment roll of taxes for such year.
3493 The tax collectors shall collect such taxes so levied by the
3494 board of supervisors in the same manner as other taxes are
3495 collected and shall pay the same to the board of supervisors
3496 within the time and in the manner prescribed by law for the
3497 payment by the tax collector of county taxes to the county
3498 depository. The respective county tax collectors shall include
3499 and state separately on the official county tax bill and receipt
3500 each year the amount of district taxes. For their services
3501 rendered hereunder, the respective county property appraisers
3502 and tax collectors shall be compensated by the district as
3503 prescribed by s. 298.401, Florida Statutes, and amendments
3504 thereto.
3505 (2) The ad valorem taxes referred to and provided for in
3506 section 24 and the maintenance and special ad valorem
3507 maintenance taxes referred to and provided for in section 25
3508 shall be subject to the same discounts as county taxes. None of
3509 the other taxes referred to or provided for in this act or
3510 chapter 298, Florida Statutes, shall be subject to discounts for
3511 early payment unless the board of supervisors so provides by
3512 resolution adopted at the time of the levying or assessment
3513 thereof. Except as otherwise provided in this act, all taxes
3514 remaining unpaid after April 1 of the year following that for
3515 which said taxes are levied shall be and become delinquent and
3516 bear a penalty of 2 percent a month on the amount of said taxes
3517 from the date of delinquency until paid. In computing said
3518 penalty, each fractional part of a month shall be counted as a
3519 full month.
3520 Section 30. Tax liens; service charge liens.—
3521 (1) All taxes of the district provided for in this act or
3522 chapter 298, Florida Statutes, together with all penalties for
3523 default in the payment of the same and all costs in collecting
3524 the same, including reasonable attorney fees fixed by the court
3525 and taxed as costs in the action brought to enforce payment,
3526 shall, from January 1 for each year the property is liable to
3527 assessment and until paid, constitute a lien of equal dignity
3528 with the liens for state and county taxes and other taxes of
3529 equal dignity with state and county taxes upon all the real and
3530 personal property against which such taxes shall be levied. A
3531 sale of any of the real property within the district for state
3532 and county or other taxes shall not operate to relieve or
3533 release the property so sold from the lien for subsequent
3534 district taxes, or installments of district taxes, which lien
3535 may be enforced against such property as though no such sale
3536 thereof had been made.
3537 (2) Charges and fees due or to become due under any service
3538 agreements entered into by the district pursuant to subsection
3539 (5) of section 17 shall constitute a lien of equal dignity with
3540 district taxes, as provided for in subsection (1), upon all the
3541 real and personal property to which such service agreements
3542 relate or by which the same are secured, and the provisions of
3543 subsection (1) shall be applicable to such charges and fees.
3544 Section 31. Foreclosure of liens.—
3545 (1) Any lien in favor of the district arising under chapter
3546 298, Florida Statutes, or under this act may be foreclosed by
3547 the district by bringing foreclosure proceedings in the name of
3548 the district in the Circuit Court for the Ninth Circuit in like
3549 manner as is provided in chapter 173, Florida Statutes, and
3550 amendments thereto, and the provisions of said chapter shall be
3551 applicable to such proceedings with the same force and effect as
3552 if said provisions were expressly set forth in this act. Any act
3553 required or authorized to be done by or on behalf of a
3554 municipality in foreclosure proceedings under chapter 173,
3555 Florida Statutes, may be performed by such officer or agent of
3556 the district as the board of supervisors may designate. Such
3557 foreclosure proceedings may be brought at any time after the
3558 expiration of 1 year from the date any tax, or installment
3559 thereof, becomes delinquent.
3560 (2) In any foreclosure action filed by the district
3561 pursuant to this section, the district may join as a party
3562 defendant Orange County or Osceola County, as the case may be,
3563 for the purpose of determining the amount of their respective
3564 tax liens. When a county is so joined in such a foreclosure
3565 action, the judicial sale held in such action shall operate to
3566 satisfy all county tax liens to the date of such sale, and the
3567 net proceeds of such sale shall be applied first against
3568 delinquent state and county taxes and thereafter against
3569 delinquent district taxes on the property affected. The decree
3570 of the court in any such foreclosure action shall operate to
3571 quiet title to the property that is the subject of the action.
3572 Section 32. Payment of taxes and redemption of tax liens by
3573 district; sharing in proceeds of tax sale under s. 197.542,
3574 Florida Statutes.—
3575 (1) The district has the right to:
3576 (a) Pay any delinquent state, county, district, municipal,
3577 or other tax or assessment upon lands located wholly or
3578 partially within the boundaries of the district; and
3579 (b) Redeem or purchase any tax sales certificate issued or
3580 sold on account of any state, county, district, municipal, or
3581 other taxes or assessments upon lands located wholly or
3582 partially within the boundaries of the district.
3583 (2) Delinquent taxes paid, or tax sales certificates
3584 redeemed or purchased, by the district, together with all
3585 penalties for the default in payment of the same and all costs
3586 in collecting the same and reasonable attorney fees, shall
3587 constitute a lien in favor of the district of equal dignity with
3588 the liens of state and county taxes and other taxes of equal
3589 dignity with state and county taxes, upon all the real property
3590 against which said taxes were levied. The lien of the district
3591 may be foreclosed in the manner provided in this act.
3592 (3) In any sale of land pursuant to s. 197.542, Florida
3593 Statutes, and amendments thereto, the district may certify to
3594 the clerk of the circuit court of the county holding such sale
3595 the amount of taxes due to the district upon the lands sought to
3596 be sold, and the district shall share in the disbursement of the
3597 sales proceeds in accordance with the provisions of this act and
3598 under law.
3599 Section 33. General obligation bonds.—
3600 (1) The district shall have the power from time to time to
3601 issue general obligation bonds in an aggregate principal amount
3602 of bonds outstanding at any one time not in excess of 50 percent
3603 of the assessed value of the taxable property within the
3604 district as shown on the pertinent tax records at the time of
3605 the authorization of the general obligation bonds for which the
3606 full faith and credit of the district is pledged. Except for
3607 refunding bonds, no general obligation bonds shall be issued
3608 unless the issuance thereof is approved by the qualified
3609 electors of the district in accordance with the requirements for
3610 such election as prescribed by the State Constitution, such
3611 election to be called and held in the manner provided in the
3612 State Constitution and Florida Statutes for such elections. Such
3613 elections shall be called to be held in the district by the
3614 respective Boards of County Commissioners of Orange and Osceola
3615 Counties upon the request of the board of supervisors. The
3616 expenses of calling and holding such referendum elections shall
3617 be borne by the district, and the district shall reimburse the
3618 Boards of County Commissioners of Orange and Osceola Counties,
3619 as the case may be, for any expenses incurred by said boards in
3620 calling or holding such elections. In the alternative, at its
3621 option, the board of supervisors may make such other provision
3622 for the registration of such qualified electors and the calling
3623 and holding of such elections as the board from time to time
3624 deems appropriate.
3625 (2) The district may pledge its full faith and credit for
3626 the payment of the principal and interest on such general
3627 obligation bonds, and for any reserve or other funds provided
3628 therefor, and may unconditionally and irrevocably pledge itself
3629 to levy ad valorem taxes on all taxable property in the
3630 district, to the extent necessary for the payment thereof,
3631 subject, however, to the limitations on the total amount of ad
3632 valorem taxes that may be levied in any one year as specified in
3633 section 24.
3634 (3) If the board of supervisors determines to issue general
3635 obligation bonds for more than one different purpose, the
3636 approval of the issuance of the bonds for each and all such
3637 purposes may be submitted to the qualified electors on one and
3638 the same ballot. The failure of the qualified electors to
3639 approve the issuance of bonds for any one or more purposes shall
3640 not defeat the approval of bonds for any purpose which shall be
3641 approved by the qualified electors.
3642 Section 34. Revenue bonds.—
3643 (1) The district shall have the power to issue revenue
3644 bonds from time to time without limitation as to amount. Such
3645 revenue bonds may be secured by or payable from the gross or net
3646 pledge of the revenues to be derived from any project or
3647 combination of projects, from the rates, fees, fares, or other
3648 charges to be collected from the users of any project or
3649 projects, from any revenue-producing undertaking or activity of
3650 the district, or from any other source or pledged security. Such
3651 bonds shall not constitute an indebtedness of the district, and
3652 the approval of the qualified electors shall not be required
3653 unless such bonds are additionally secured by the full faith and
3654 credit and taxing power of the district.
3655 (2) Any two or more projects may be combined and
3656 consolidated into a single project and may thereafter be
3657 operated and maintained as a single project. The revenue bonds
3658 authorized herein may be issued to finance any one or more such
3659 projects separately, or to finance two or more such projects,
3660 regardless of whether such projects have been combined and
3661 consolidated into a single project. If the board of supervisors
3662 deems it advisable, the proceedings authorizing such revenue
3663 bonds may provide that the district may thereafter combine the
3664 projects then being financed or theretofore financed with other
3665 projects to be subsequently financed by the district, and that
3666 revenue bonds to be thereafter issued by the district shall be
3667 on parity with the revenue bonds then being issued, all on such
3668 terms, conditions, and limitations as shall be provided, and may
3669 further provide that the revenues to be derived from the
3670 subsequent projects shall at the time of the issuance of such
3671 parity revenue bonds be also pledged to the holders of any
3672 revenue bonds theretofore issued to finance the revenue
3673 undertakings which are later combined with such subsequent
3674 projects. The district may pledge for the security of the
3675 revenue bonds a fixed amount, without regard to any fixed
3676 proportion of the gross revenues of any project.
3677 Section 35. Utility service tax bonds.—The district shall
3678 have the power to issue from time to time, without limitation as
3679 to amount, bonds payable from the proceeds of any utility
3680 service taxes or funds of the district, or any combination
3681 thereof. Such bonds shall not constitute an indebtedness of the
3682 district and the approval of the qualified electors shall not be
3683 required unless such bonds are additionally secured by the full
3684 faith and credit and taxing power of the district.
3685 Section 36. Issuance of additional bonds.—If the proceeds
3686 of any bonds are less than the cost of completing the project in
3687 connection with which such bonds are issued, the board of
3688 supervisors may authorize the issuance of additional bonds, upon
3689 such terms and conditions as the board may provide in the
3690 resolution authorizing the issuance thereof, but only in
3691 compliance with the resolution or other proceedings authorizing
3692 the issuance of the original bonds.
3693 Section 37. Refunding bonds.—The district shall have the
3694 power to issue bonds to provide for the retirement or refunding
3695 of any bonds or obligations of the district that at the time of
3696 such issuance are or subsequently thereto become due and
3697 payable, or that at the time of issuance have been called or are
3698 or will be subject to call for redemption within 10 years
3699 thereafter, or the surrender of which can be procured from the
3700 holders thereof at prices satisfactory to the board of
3701 supervisors. Refunding bonds may be issued at any time when, in
3702 the judgment of the board of supervisors, such issuance will be
3703 advantageous to the district. No approval of the qualified
3704 electors residing in the district shall be required for the
3705 issuance of refunding bonds except in cases where such approval
3706 is required by the State Constitution. The board of supervisors
3707 may by resolution confer upon the holders of such refunding
3708 bonds all rights, powers, and remedies to which the holders
3709 would be entitled if they continued to be the owners and had
3710 possession of the bonds for the refinancing of which said
3711 refunding bonds are issued, including, but not limited to, the
3712 preservation of the lien of such bonds on the revenues of any
3713 project or on pledged funds, without extinguishment, impairment,
3714 or diminution thereof. The provisions of this act pertaining to
3715 bonds of the district shall, unless the context otherwise
3716 requires, govern the issuance of refunding bonds, the form and
3717 other details thereof, the rights of the holders thereof, and
3718 the duties of the board of supervisors with respect thereto.
3719 Section 38. Pledging ad valorem taxes, assessments, and
3720 other revenues and properties as additional security on bonds.
3721 The district may pledge as additional security for the payment
3722 of any of the bonds of the district its full faith and credit
3723 and ad valorem taxing power, and provide that such bonds shall
3724 be payable as to both principal and interest, and as to any
3725 reserve or other funds provided therefor, from ad valorem taxes
3726 levied on the taxable real and tangible personal property in the
3727 district, to the full extent that any revenues as defined in
3728 section 17, taxes, assessments, or other funds, or any
3729 combination thereof, pledged therefor are insufficient for the
3730 full payment of the same, but subject to the limitations on the
3731 total amount of ad valorem taxes that may be levied in any one
3732 year specified in section 24, and provided further that no bonds
3733 shall be issued to the payment of which the full faith and
3734 credit and taxing power of the district is pledged unless
3735 approved at an election in the manner provided by law. The
3736 district, by resolution of the board of supervisors, may also
3737 pledge as additional security for any bonds the revenues from
3738 any project of the district, utility service taxes, assessments,
3739 and any other sources of revenues or funds, or any combination
3740 of the foregoing, and may pledge or mortgage any of the
3741 properties, rights, interests, or other assets of the district,
3742 and such pledge shall not require the submission to or approval
3743 by the qualified electors of the district unless required by the
3744 State Constitution. The board of supervisors may also provide
3745 with respect to any bonds of the district that such bonds shall
3746 be payable, in whole or in part, as to principal amount or
3747 interest, or both, out of rates, fees, fares, service charges,
3748 or other charges collected with respect to any of the projects
3749 of the district.
3750 Section 39. Lien of pledges.—All pledges of revenues,
3751 taxes, and assessments made pursuant to the provisions of this
3752 act shall be valid and binding from the time when such pledges
3753 are made. All such revenues, taxes, and assessments so pledged
3754 and thereafter collected shall immediately be subject to the
3755 lien of such pledges without any physical delivery thereof or
3756 further action, and the lien of such pledges shall be valid and
3757 binding as against all parties having claims of any kind in
3758 tort, contract, or otherwise against the district, irrespective
3759 of whether such parties have notice thereof.
3760 Section 40. Assessable improvements; levy and payment of
3761 special assessments; assessment bonds and certificates.—The
3762 district may provide for the construction or reconstruction of
3763 assessable improvements, and for the levying of special
3764 assessments upon benefited property for the payment thereof,
3765 under the provisions of this section.
3766 (1) The initial proceeding under this section shall be the
3767 passage by the board of supervisors of a resolution ordering the
3768 construction or reconstruction of such assessable improvements,
3769 indicating the location by terminal points, routes, or
3770 otherwise, and either giving a description of the improvements
3771 by their material, nature, character, and size or giving two or
3772 more descriptions with the directions that the material, nature,
3773 character, and size shall be subsequently determined in
3774 conformity with one of such descriptions. Assessable
3775 improvements need not be continuous and may be in more than one
3776 locality or street. The resolution ordering any such improvement
3777 may give any short and convenient designation to each
3778 improvement ordered thereby, and the property against which
3779 assessments are to be made for the cost of such improvement may
3780 be designated as an assessment district, followed by a letter or
3781 number or name to distinguish it from other assessment
3782 districts, after which it shall be sufficient to refer to such
3783 improvement and property by such designation in all proceedings
3784 and assessments, except in the notices required by this section.
3785 (2) As soon as possible after the passage of such
3786 resolution, the engineer for the district shall prepare, in
3787 duplicate, plans and specifications for each improvement ordered
3788 thereby and an estimate of the cost thereof. Such cost shall
3789 include, in addition to the items of cost as defined in this
3790 act, the cost of relaying streets, sidewalks, and other public
3791 facilities or conveniences necessarily torn up or damaged and
3792 the following items of incidental expenses:
3793 (a) Printing and publishing notices and proceedings;
3794 (b) Costs of abstracts of title; and
3795 (c) Any other expense necessary or proper in conducting the
3796 proceedings and work provided for in this section, including the
3797 estimated amount of discount, if any, upon the sale of
3798 assessment bonds or any other obligations issued hereunder for
3799 which such special assessments are to be pledged.
3800
3801 If the resolution provides alternative descriptions of material,
3802 nature, character, and size, such estimate shall include an
3803 estimate of the cost of the improvement of each such
3804 description. The engineer shall also prepare, in duplicate, a
3805 tentative apportionment of the estimated total cost of the
3806 improvement as between the district and each lot or parcel of
3807 land subject to special assessment under the resolution, such
3808 apportionment to be made in accordance with the provisions of
3809 the resolution and in relation to apportionment of cost provided
3810 herein for the preliminary assessment roll. Such tentative
3811 apportionment of total estimated cost shall not be held to limit
3812 or restrict the duties of the engineer in the preparation of
3813 such preliminary assessment roll. One of the duplicates of such
3814 plans, specifications, and estimates and such tentative
3815 apportionment shall be filed with the board of supervisors, and
3816 the other duplicate shall be retained by the engineer in his or
3817 her files, all thereof to remain open to public inspection.
3818 (3) The board of supervisors, upon the filing with it of
3819 such plans, specifications, estimates, and tentative
3820 apportionment of cost, shall publish a notice stating that, at a
3821 meeting of the board of supervisors on a certain day and hour
3822 not earlier than 15 days after such publication, the board of
3823 supervisors will hear objections of all interested persons to
3824 the confirmation of such resolution, which notice shall state in
3825 brief and general terms a description of the proposed assessable
3826 improvements with the location thereof, and shall also state
3827 that plans, specifications, estimates, and tentative
3828 apportionment of cost thereof are on file with the board of
3829 supervisors. Such notice shall be published as provided in
3830 chapter 50, Florida Statutes. The board of supervisors shall
3831 keep a record in which shall be inscribed, at the request of any
3832 person, firm, or corporation having or claiming to have any
3833 interest in any lot or parcel of land or property, the name and
3834 post office address of such person, firm, or corporation,
3835 together with a brief description or designation of such lot or
3836 parcel, and it shall be the duty of the board of supervisors to
3837 mail a copy of such notice to such person, firm, or corporation
3838 at such address at least 10 days before the time for the hearing
3839 as stated in such notice. However, the failure of the board of
3840 supervisors to keep such record or to inscribe any name or
3841 address or to mail any such notice shall not constitute a valid
3842 objection to holding the hearing as provided in this section or
3843 to any other action taken under the authority of this section.
3844 (4) At the time named in such notice, or to which an
3845 adjournment may be taken by the board of supervisors, the board
3846 shall receive any objections of interested persons and may then
3847 or thereafter repeal or confirm such resolution with such
3848 amendments, if any, as may be desired by the board and which do
3849 not cause any additional property to be specially assessed.
3850 (5) All objections to any such resolution on the ground
3851 that it contains items which cannot be properly assessed against
3852 property, or that it is, for any default or defect in the
3853 passage or character of the resolution or the plans or
3854 specifications or estimates, void or voidable in whole or in
3855 part, or that it exceeds the power of the board of supervisors,
3856 shall be made in writing in person or by attorney and filed with
3857 the board at or before the time or adjourned time of such
3858 hearing. Any objections against the making of any assessable
3859 improvements not so made shall be considered as waived, and if
3860 any objection is made and overruled or not sustained, the
3861 confirmation of the resolution shall be the final adjudication
3862 of the issues presented unless an action is filed in the Circuit
3863 Court for the Ninth Circuit to secure relief within 30 days
3864 after the board’s adoption of the resolution or its later
3865 confirmation.
3866 (6) Whenever any resolution providing for the construction
3867 or reconstruction of assessable improvements and for the levying
3868 of special assessments upon benefited property for the payment
3869 thereof is confirmed, as hereinabove provided, or at any time
3870 thereafter, the board of supervisors may issue assessment bonds
3871 payable out of such assessments when collected. Said bonds shall
3872 mature not later than 2 years after the last installment in
3873 which said special assessments may be paid, as provided in
3874 subsection (10), and shall bear interest not exceeding 6 percent
3875 per annum. Such assessment bonds shall be executed, shall have
3876 such provisions for redemption prior to maturity, and shall be
3877 sold in the manner and be subject to all of the applicable
3878 provisions contained in this act for revenue bonds, except as
3879 the same are inconsistent with the provisions of this section.
3880 The amount of such assessment bonds for any assessable
3881 improvement, after the confirmation of the initial resolution,
3882 shall not exceed 70 percent of the estimated amount of the cost
3883 of such assessable improvements which are to be specially
3884 assessed against the land or property to be specially benefited
3885 thereby, as shown in the estimates of the engineer for the
3886 district referred to in subsection (2). The amount of such
3887 assessment bonds for any assessable improvement to be issued,
3888 after the confirmation of the preliminary assessment roll
3889 provided for in subsection (9), including any assessment bonds
3890 theretofore issued, shall not exceed the amount of special
3891 assessments actually confirmed and levied by the board of
3892 supervisors as provided in subsection (9). Such assessment bonds
3893 shall be payable from the proceeds of the special assessments
3894 levied for the assessable improvement for which such assessment
3895 bonds are issued. However, the district may pledge the full
3896 faith and credit of the district for the payment of the
3897 principal of and interest on such assessment bonds if the
3898 issuance of such assessment bonds is approved in the manner
3899 provided by law.
3900 (7) After the passage of the resolution authorizing the
3901 construction or reconstruction of assessable improvements has
3902 been confirmed as provided in subsection (4), the district may
3903 proceed with the construction or reconstruction work. Promptly
3904 after the completion of the work, the engineer for the district,
3905 who is hereby designated as the official of the district to make
3906 preliminary assessment of benefits from assessable improvements,
3907 shall prepare a preliminary assessment roll and file the same
3908 with the board of supervisors, which roll shall contain the
3909 following:
3910 (a) A description of the lots and parcels of land or
3911 property within the district which will benefit from such
3912 assessable improvements and the amount of such benefits to each
3913 such lot or parcel of land or property, and the preliminary
3914 assessment. Such lots and parcels shall include the property of
3915 the county or counties, municipality or municipalities, and any
3916 school district or other political subdivision within the
3917 district. There shall also be given the name of the owner of
3918 record of each lot or parcel, where practicable, and a statement
3919 of the method of assessment used by such engineer.
3920 (b) The total cost of the improvement and the amount of
3921 incidental expense. In making such preliminary assessments, the
3922 engineer may use any method of determining the amount of special
3923 benefits accruing to each lot or parcel of land or property from
3924 such assessable improvements as are approved by the board of
3925 supervisors. Such special benefits may be based on an acreage
3926 assessment where benefits from such assessable improvements are
3927 equal or nearly equal for lands or property in a particular
3928 area, front footage, or any other factors which the board of
3929 supervisors deems fair and equitable as between the different
3930 lots or parcels of land or property benefited, whether improved
3931 or unimproved. It shall be the duty of the engineer, in making
3932 such preliminary assessment roll, to view all lots or parcels of
3933 land or property to be assessed and to determine, for the
3934 preliminary assessment roll, the amount of benefit which each
3935 lot or parcel of land or property will receive from such
3936 assessable improvements, under the method or methods prescribed
3937 by the board of supervisors, or any combination thereof.
3938 (8) The preliminary roll shall be advisory only and shall
3939 be subject to the action of the board of supervisors as
3940 hereinafter provided. Upon the filing with the board of
3941 supervisors of the preliminary assessment roll, the board shall
3942 publish a notice stating that, at a meeting of the board of
3943 supervisors to be held on a certain day and hour not less than
3944 15 days after the date of such publication, which meeting may be
3945 a regular, adjourned, or special meeting, all interested persons
3946 may appear and file written objections to the confirmation of
3947 such roll. Such notice shall be published as provided in chapter
3948 50, Florida Statutes, and shall state the class of the
3949 assessable improvements and the location thereof by terminal
3950 points, route, or otherwise. The board of supervisors shall also
3951 mail a copy of such notice to the persons, firms, or
3952 corporations referred to in subsection (3) at least 10 days
3953 before the time of the meeting as stated in such notice.
3954 However, the failure of the board to mail any such notice shall
3955 not constitute a valid objection to holding such meeting or to
3956 any other action taken under the authority of this section.
3957 (9) At the time and place stated in such notice, the board
3958 of supervisors shall meet and receive the objections in writing
3959 of all interested persons as stated in such notice. The board of
3960 supervisors may adjourn the hearing from time to time. After the
3961 completion thereof, the board of supervisors shall either annul,
3962 sustain, or modify, in whole or in part, the preliminary
3963 assessment as indicated on such roll, either by confirming the
3964 preliminary assessment against any or all lots or parcels
3965 described therein or by cancelling, increasing, or reducing the
3966 same, according to the special benefits which the board decides
3967 each such lot or parcel has received or will receive on account
3968 of such improvement. If any property chargeable under this
3969 section is omitted from the preliminary roll, or if the
3970 preliminary assessment is not made against it, the board of
3971 supervisors may place on such roll an apportionment to such
3972 property. The board of supervisors shall not confirm any
3973 assessment in excess of the special benefits to the property
3974 assessed, and the assessments so confirmed shall be in
3975 proportion to the special benefits. The assessment so made shall
3976 be final and conclusive as to each lot or parcel assessed
3977 unless, within 30 days, an action is filed in the Circuit Court
3978 for the Ninth Circuit to secure relief. If the assessment
3979 against any property is sustained, reduced, or abated by the
3980 court, the board of supervisors shall note that fact on the
3981 assessment roll opposite the description of the property
3982 affected thereby. The amount of the special assessment against
3983 any lot or parcel which may be reduced or abated by the court,
3984 unless the assessment upon the entire district is reduced or
3985 abated, or the amount by which such assessment is so reduced or
3986 abated, may by resolution of the board of supervisors be made
3987 chargeable against the district at large; or, at the discretion
3988 of the board, a new assessment roll may be prepared and
3989 confirmed in the manner hereinabove provided for the preparation
3990 and confirmation of the original assessment roll.
3991 (10) Any assessment may be paid at the office of the board
3992 of supervisors within 60 days after the confirmation thereof,
3993 without interest. Thereafter, all assessments shall be payable
3994 at such times, over such period of years not exceeding 20 years,
3995 and in such annual or other installments, with interest at such
3996 rate not exceeding 8 percent per annum on the principal amount
3997 of such assessments from the expiration of said 60 days, as the
3998 board of supervisors determines by resolution. The board of
3999 supervisors may provide that any assessment may be paid at any
4000 time before due, together with interest accrued thereon to the
4001 date of prepayment, if such prior payment is permitted by the
4002 proceedings authorizing any assessment bonds or other
4003 obligations for the payment of which such special assessments
4004 have been pledged.
4005 (11) All such special assessments shall be collected by the
4006 respective tax collectors for Orange and Osceola Counties, as
4007 the case may be, in which event the last sentence of subsection
4008 (1) of section 29 shall be applicable, or by such other officer
4009 or agent as the board of supervisors may designate, at such time
4010 or times as the board shall specify in the proceedings
4011 authorizing or confirming the special assessments, and if no
4012 other time is specified, then at the same time as general county
4013 taxes are collected in Orange and Osceola Counties.
4014 (12) All assessments shall constitute a lien upon the
4015 property so assessed from the date of confirmation of the
4016 resolution ordering the improvement, of the same nature and to
4017 the same extent as the lien for general county taxes falling due
4018 in the same year or years in which such assessments or
4019 installments thereof fall due, and any assessment or installment
4020 not paid when due shall be collectible with such interest and
4021 with reasonable attorney fees and costs, but without penalties,
4022 by the district by proceedings in the Circuit Court for the
4023 Ninth Circuit to foreclose the lien of assessments as a lien for
4024 mortgages is or may be foreclosed under the laws of the state;
4025 provided that any such proceedings to foreclose shall embrace
4026 all installments of principal remaining unpaid with accrued
4027 interest thereon, which installments shall, by virtue of the
4028 institution of such proceedings, immediately become due and
4029 payable. Nevertheless, if, prior to any sale of the property
4030 under decree of foreclosure in such proceedings, payment is made
4031 of the installment or installments which are shown to be due
4032 under the provisions of the resolution passed pursuant to
4033 subsection (9) and by subsection (10), and all costs including
4034 interest and attorney fees, such payment shall have the effect
4035 of restoring the remaining installments to their original
4036 maturities, and the proceedings shall be dismissed. It shall be
4037 the duty of the district to enforce the prompt collection of
4038 assessments by the means herein provided, and such duty may be
4039 enforced at the suit of any holder of bonds issued under this
4040 act in the Circuit Court for the Ninth Circuit by mandamus or
4041 other appropriate proceedings or action. Not later than 30 days
4042 after any installments are due and payable, it shall be the duty
4043 of the board of supervisors to direct the attorney or attorneys
4044 whom the board shall then designate to institute action within 2
4045 months after such direction to enforce the collection of all
4046 special assessments for assessable improvements made under this
4047 section and remaining due and unpaid at the time of such
4048 direction. Such action shall be prosecuted in a manner and under
4049 the conditions in and under which mortgages are foreclosed under
4050 the laws of the state. It shall be lawful to join in one action
4051 the collection of assessments against any or all property
4052 assessed by virtue of the same assessment roll unless the court
4053 deems such joinder prejudicial to the interests of any
4054 defendant. The court shall allow reasonable attorney fees for
4055 the attorney or attorneys of the district, and the same shall be
4056 collectible as a part of or in addition to the costs of the
4057 action. At the sale pursuant to decree in any such action, the
4058 district may be a purchaser to the same extent as an individual
4059 person or corporation, except that the part of the purchase
4060 price represented by the assessments sued upon and the interest
4061 thereon need not be paid in cash. Property so acquired by the
4062 district may be sold or otherwise disposed of, the proceeds of
4063 such disposition to be placed in the fund provided by subsection
4064 (13). However, no sale or other disposition thereof shall be
4065 made unless the notice calling for bids therefor to be received
4066 at a stated time and place is published at least once as
4067 provided in chapter 50, Florida Statutes.
4068 (13) All assessments and charges made under the provisions
4069 of this section for the payment of all or any part of the cost
4070 of any assessable improvements for which assessment bonds are
4071 issued under the provisions of this law, or which have been
4072 pledged as additional security for any other bonds or
4073 obligations issued under this act, shall be maintained in a
4074 special fund or funds and be used only for the payment of
4075 principal of or interest on such assessment bonds or other bonds
4076 or obligations.
4077 (14) Orange and Osceola Counties, the municipalities, each
4078 school district, and any other political subdivision wholly or
4079 partly within the district shall possess the same power and be
4080 subject to the same duties and liabilities in respect of the
4081 special assessments under this section affecting the real estate
4082 of such county, municipality, school district, or other
4083 political subdivision which private owners of real estate
4084 possess or are subject to hereunder, and such real estate of any
4085 such county, municipality, school district, or political
4086 subdivision shall be subject to liens for said assessments in
4087 all cases where the same property would be subject to such liens
4088 had it, at the time the lien attached, been owned by a private
4089 owner.
4090 (15) Subject to the terms of any bonds or other obligations
4091 payable from or secured by the assessments provided for herein,
4092 the board of supervisors may at any time and from time to time
4093 modify, in whole or in part, or revoke any plan or specification
4094 for any assessable improvement. In connection with the revision
4095 of any such plan or specification, benefits may be reassessed or
4096 additional assessments made in accordance with the provisions
4097 and procedures of this section. The board of supervisors may at
4098 any time approve and make effective technical changes and
4099 modifications of any plan for any improvement not affecting the
4100 determination of assessed benefits or the security of bond
4101 owners.
4102 Section 41. Issuance of certificates of indebtedness based
4103 on assessments for assessable improvements; assessment bonds.—
4104 (1) The board of supervisors may, after any assessments for
4105 assessable improvements are made, determined, and confirmed as
4106 provided in section 40, issue certificates of indebtedness for
4107 the amount so assessed against the abutting property or property
4108 otherwise benefited, as the case may be, and separate
4109 certificates shall be issued against each part or parcel of land
4110 or property assessed, which certificates shall state the general
4111 nature of the improvement for which the said assessment is made.
4112 Said certificates shall be payable in annual installments or
4113 otherwise in accordance with the installments of the special
4114 assessments for which they are issued. The board of supervisors
4115 may determine the interest to be borne by such certificates at a
4116 rate no greater than 6 percent per annum and may sell such
4117 certificates at either private or public sale and determine the
4118 form, manner of execution, and other details of such
4119 certificates. Such certificates shall recite that they are
4120 payable only from the special assessments levied and collected
4121 from the part or parcel of land or property against which they
4122 are issued. The proceeds of such certificates may be pledged for
4123 the payment of principal of and interest on any revenue bonds or
4124 general obligation bonds issued to finance in whole or in part
4125 such assessable improvement, or, if not so pledged, may be used
4126 to pay the cost or part of the cost of such assessable
4127 improvements.
4128 (2) The district may also issue assessment bonds or other
4129 obligations payable from a special fund into which such
4130 certificates of indebtedness referred to in subsection (1) may
4131 be deposited; or, if such certificates of indebtedness have not
4132 been issued, the district may assign to such special fund for
4133 the benefit of the holders of such assessment bonds or other
4134 obligations, or to a trustee for such bondholders, the
4135 assessment liens provided for in section 40, unless such
4136 certificates of indebtedness or assessment liens have been
4137 theretofore pledged for any bonds or other obligations
4138 authorized hereunder. In the event of the creation of such
4139 special fund and the issuance of such assessment bonds or other
4140 obligations, the proceeds of such certificates of indebtedness
4141 or assessment liens deposited therein shall be used only for the
4142 payment of the assessment bonds or other obligations issued as
4143 provided in this section. The district is authorized to covenant
4144 with the holders of such assessment bonds or other obligations
4145 that it will diligently and faithfully enforce and collect all
4146 the special assessments and interest and penalties thereon for
4147 which such certificates of indebtedness or assessment liens have
4148 been deposited in or assigned to such fund, and to foreclose
4149 such assessment liens so assigned to such special fund or
4150 represented by the certificates of indebtedness deposited in
4151 said special fund, after such assessment liens have become
4152 delinquent, and deposit the proceeds derived from such
4153 foreclosure, including interest and penalties, in such special
4154 fund, and to make any other covenants deemed necessary or
4155 advisable in order to properly secure the holders of such
4156 assessment bonds or other obligations.
4157 (3) The assessment bonds or other obligations issued
4158 pursuant to this section shall have such dates of issue and
4159 maturity as are deemed advisable by the board of supervisors.
4160 However, the maturities of such assessment bonds or other
4161 obligations shall not be more than 2 years after the due date of
4162 the last installment which will be payable on any of the special
4163 assessments for which such assessment liens, or the certificates
4164 of indebtedness representing such assessment liens, are assigned
4165 to or deposited in such special fund.
4166 (4) Such assessment bonds or other obligations issued under
4167 this section shall bear interest at a rate not exceeding 6
4168 percent per annum and shall be executed, shall have such
4169 provisions for redemption prior to maturity, shall be sold in
4170 the manner, and shall be subject to all of the applicable
4171 provisions contained in this act for revenue bonds, except as
4172 the same may be inconsistent with the provisions of this
4173 section.
4174 (5) All assessment bonds or other obligations issued under
4175 the provisions of this act, except certificates of indebtedness
4176 issued against separate lots or parcels of land or property as
4177 provided in this section, shall be and constitute and have all
4178 the qualities and incidents of negotiable instruments under the
4179 law merchant and the laws of the state.
4180 Section 42. Issuance of bond anticipation notes.—In
4181 addition to the other powers provided for in this act and not in
4182 limitation thereof, the district shall have the power, at any
4183 time and from time to time after the issuance of any bonds of
4184 the district is authorized, to borrow money for the purposes for
4185 which such bonds are to be issued in anticipation of the receipt
4186 of the proceeds of the sale of such bonds and to issue bond
4187 anticipation notes in a principal amount not in excess of the
4188 authorized maximum amount of such bond issue. Such notes shall
4189 be in such denomination or denominations, bear interest at such
4190 rate or rates not in excess of 6 percent per annum, mature at
4191 such time or times not later than 5 years after the date of
4192 issuance, be renewable for an additional term or terms in the
4193 aggregate not in excess of 5 years after the date of first
4194 renewal, and be in such form and executed in such manner as the
4195 board of supervisors shall prescribe. Such notes may be sold at
4196 either public or private sale or, if such notes are renewal
4197 notes, may be exchanged for notes then outstanding on such terms
4198 as the board of supervisors shall determine. Such notes shall be
4199 paid from the proceeds of such bonds when issued. The board of
4200 supervisors may in its discretion, in lieu of retiring the notes
4201 by means of bonds, retire them by means of current revenues or
4202 from any taxes or assessments levied for the payment of such
4203 bonds, but in such event a like amount of the bonds authorized
4204 shall not be issued.
4205 Section 43. Short-term borrowings.—The district at any time
4206 may obtain loans, in such amount and on such terms and
4207 conditions as the board of supervisors may approve, for the
4208 purpose of paying any of the expenses of the district or any
4209 costs incurred or that may be incurred in connection with any of
4210 the projects of the district, which loans shall have a term not
4211 exceeding 2 years from the date of issuance thereof, and may be
4212 renewable for a like term or terms, shall bear interest in any
4213 amount not in excess of 6 percent per annum, and may be payable
4214 from and secured by a pledge of such funds, revenues, taxes, and
4215 assessments as the board of supervisors may determine. For the
4216 purpose of defraying such costs and expenses, the district may
4217 issue negotiable notes, warrants, or other evidences of debt
4218 signed on behalf of the district by any member of the board of
4219 supervisors duly authorized by the board, such notes or other
4220 evidences of indebtedness to be payable at such times, to bear
4221 interest at a rate not exceeding 6 percent per annum, and to be
4222 sold or discounted at such price or prices and on such terms as
4223 the board may deem advisable. The board of supervisors shall
4224 have the right to provide for the payment thereof by pledging
4225 the whole or any part of the funds, revenues, taxes, and
4226 assessments of the district. The approval of the qualified
4227 electors residing in the district shall not be necessary except
4228 where required by the State Constitution.
4229 Section 44. Trust agreements.—In the discretion of the
4230 board of supervisors, any issue of bonds may be secured by a
4231 trust agreement by and between the district and a corporate
4232 trustee or trustees, which may be any trust company or bank
4233 having the powers of a trust company within or outside the
4234 state. The resolution authorizing the issuance of the bonds or
4235 such trust agreement may pledge the revenues to be received from
4236 any projects of the district and may contain such provisions for
4237 protecting and enforcing the rights and remedies of the
4238 bondholders as the board of supervisors may approve, including,
4239 without limitation, covenants setting forth the duties of the
4240 district in relation to the acquisition, construction,
4241 reconstruction, improvement, maintenance, repair, operation, and
4242 insurance of any projects, the fixing and revising of the rates,
4243 fees, fares, and charges, and the custody, safeguarding, and
4244 application of all moneys, and for the employment of counselling
4245 engineers in connection with such acquisition, construction,
4246 reconstruction, improvement, maintenance, repair, or operation.
4247 It shall be lawful for any bank or trust company incorporated
4248 under the laws of the state which may act as a depository of the
4249 proceeds of bonds or of revenues to furnish such indemnifying
4250 bonds or to pledge such securities as may be required by the
4251 district. Such resolution or trust agreement may set forth the
4252 rights and remedies of the bondholders and of the trustee, if
4253 any, and may restrict the individual right of action by
4254 bondholders. The board of supervisors may provide for the
4255 payment of the proceeds of the sale of the bonds and the
4256 revenues of any project to such officer, board, or depository as
4257 it may designate for the custody thereof, and for the method of
4258 disbursement thereof with such safeguards and restrictions as it
4259 may determine. All expenses incurred in carrying out the
4260 provisions of such resolution or trust agreement may be treated
4261 as part of the cost of operation of the project to which such
4262 trust agreement pertains.
4263 Section 45. Sale of bonds.—Bonds may be sold in blocks or
4264 installments at different times, or an entire issue or series
4265 may be sold at one time. Bonds may be sold at public or private
4266 sale after such advertisement, if any, as the board of
4267 supervisors deems advisable but not in any event at less than 95
4268 percent of the par value thereof, together with accrued interest
4269 thereon. Bonds may be sold or exchanged for refunding bonds.
4270 Special assessment and revenue bonds may be delivered as payment
4271 by the district of the purchase price or lease of any project or
4272 part thereof, or a combination of projects or parts thereof, or
4273 as the purchase price or exchanged for any property, real,
4274 personal, or mixed, including franchises, or services rendered
4275 by any contractor, engineer, or other person, all at one time or
4276 in blocks from time to time, in such manner and upon such terms
4277 as the board of supervisors in its discretion shall determine.
4278 The price or prices for any bonds sold, exchanged, or delivered
4279 may be:
4280 (1) The money paid for the bonds;
4281 (2) The principal amount, plus accrued interest to the date
4282 of redemption or exchange, of outstanding obligations exchanged
4283 for refunding bonds;
4284 (3) In the case of special assessment or revenue bonds, the
4285 amount of any indebtedness to contractors or other persons paid
4286 with such bonds; or
4287 (4) The fair value of any properties exchanged for the
4288 bonds, as determined by the board of supervisors.
4289 Section 46. Authorization and form of bonds.—Bonds may be
4290 authorized by resolution or resolutions of the board of
4291 supervisors which shall be adopted by a majority of all of the
4292 members thereof then in office. Such resolution or resolutions
4293 may be adopted at the same meeting at which they are introduced
4294 and need not be published or posted. The board of supervisors
4295 may by resolution authorize the issuance of bonds and fix the
4296 aggregate amount of bonds to be issued, the purpose or purposes
4297 for which the moneys derived therefrom shall be expended, the
4298 rate or rates of interest, which shall not exceed 6 percent per
4299 annum, the denomination of the bonds, regardless of whether the
4300 bonds are to be issued in one or more series, the date or dates
4301 thereof, the date or dates of maturity, which shall not exceed
4302 40 years from their respective dates of issuance, the medium of
4303 payment, the place or places within or outside the state where
4304 payment shall be made, registration privileges, redemption terms
4305 and privileges (whether with or without premium), the manner of
4306 execution, the form of the bonds, including any interest coupons
4307 to be attached thereto, the manner of execution of bonds and
4308 coupons, and any and all other terms, covenants, and conditions
4309 thereof, and the establishment of reserve or other funds. Such
4310 authorizing resolution may further provide that such bonds may
4311 be executed manually or by engraved, lithographed, or facsimile
4312 signature, provided that where signatures are engraved,
4313 lithographed, or facsimile, no bond shall be valid unless
4314 countersigned by a registrar or other officer designated by
4315 appropriate resolution of the board of supervisors. The seal of
4316 the district may be affixed, lithographed, engraved, or
4317 otherwise reproduced in facsimile on such bonds. In case any
4318 officer whose signature or a facsimile of whose signature
4319 appears on any bonds or coupons ceases to be such officer before
4320 the delivery of such bonds, such signature or facsimile shall
4321 nevertheless be valid and sufficient for all purposes the same
4322 as if he or she had remained in office until such delivery.
4323 Section 47. Increase in maximum allowable interest on
4324 district bonds.—Anything in this act or the laws of the state to
4325 the contrary notwithstanding, if at any time and from time to
4326 time the general laws of the state permit the counties,
4327 municipalities, or political subdivisions of the state, or any
4328 of them, to issue general obligation, revenue, assessment, or
4329 other bonds bearing interest in an amount or at a rate in excess
4330 of 6 percent per annum, then the maximum allowable interest on
4331 any bonds of the district that may be issued during the
4332 effective period of such general law shall be the maximum amount
4333 or rate permitted under such general law.
4334 Section 48. Interim certificates; replacement
4335 certificates.—Pending the preparation of definitive bonds, the
4336 board of supervisors may issue interim certificates or receipts
4337 or temporary bonds, in such form and with such provisions as the
4338 board may determine, exchangeable for definitive bonds when such
4339 bonds have been executed and are available for delivery. The
4340 board of supervisors may also provide for the replacement of any
4341 bonds that become mutilated or are lost or destroyed.
4342 Section 49. Negotiability of bonds.—Any bond issued under
4343 this act and any interim certificate, receipt, or temporary bond
4344 shall, in the absence of an express recital on the face thereof
4345 that it is nonnegotiable, be fully negotiable and shall be and
4346 constitute negotiable instruments within the meaning and for all
4347 purposes of the law merchant and the laws of the state.
4348 Section 50. Defeasance.—The board of supervisors may make
4349 such provision with respect to the defeasance of the right,
4350 title, and interest of the holders of any of the bonds and
4351 obligations of the district in any revenues, funds, or other
4352 properties by which such bonds are secured as the board deems
4353 appropriate and, without limitation on the foregoing, may
4354 provide that when such bonds or obligations become due and
4355 payable or shall have been called for redemption, and the whole
4356 amount of the principal and the interest and premium, if any,
4357 due and payable upon the bonds or obligations then outstanding
4358 shall be paid, or sufficient moneys or direct obligations of the
4359 United States Government the principal of and the interest on
4360 which when due will provide sufficient moneys, shall be held or
4361 deposited in trust for such purpose, and provision shall also be
4362 made for paying all other sums payable in connection with such
4363 bonds or other obligations, then and in such event the right,
4364 title, and interest of the holders of the bonds in any revenues,
4365 funds, or other properties by which such bonds are secured shall
4366 thereupon cease, determine, and become void, and the board of
4367 supervisors may apply any surplus in any sinking fund
4368 established in connection with such bonds or obligations and all
4369 balances remaining in all other funds or accounts other than
4370 money held for the redemption or payment of the bonds or other
4371 obligations to any lawful purpose of the district as the board
4372 shall determine.
4373 Section 51. Bonds as legal investment or security.
4374 Notwithstanding any provisions of any other law to the contrary,
4375 all bonds issued under the provisions of this act shall
4376 constitute legal investments for savings banks, banks, trust
4377 companies, insurance companies, executors, administrators,
4378 trustees, guardians, and other fiduciaries, and for any board,
4379 body, agency, instrumentality, county, municipality, or other
4380 political subdivision of the state, and shall be and constitute
4381 securities which may be deposited by banks or trust companies as
4382 security for deposits of state, county, municipal, or other
4383 public funds, or by insurance companies as required or voluntary
4384 statutory deposits.
4385 Section 52. Agreements with Division of Bond Finance and
4386 others.—The board of supervisors shall have the power to retain
4387 and enter into agreements with fiscal agents, financial
4388 advisers, the Division of Bond Finance of the State Board of
4389 Administration, engineers, and other consultants or advisers
4390 with respect to the issuance and sale of any bonds, and the cost
4391 and expense thereof may be treated as part of the cost and
4392 expense of such project. The board of supervisors shall engage
4393 the Division of Bond Finance in connection with the structure,
4394 management, and execution of debt issuances including, but not
4395 limited to, direct placements, bank loans, private placements,
4396 and limited or public offerings of debt.
4397 Section 53. Covenants.—Any resolution authorizing the
4398 issuance of bonds may contain such covenants as the board of
4399 supervisors may deem advisable, and all such covenants shall
4400 constitute valid and legally binding and enforceable contracts
4401 between the district and the bondholders, regardless of the time
4402 of issuance thereof. Such covenants may include, without
4403 limitation, covenants concerning the disposition of the bond
4404 proceeds, the use and disposition of project revenues, the
4405 pledging of revenues, taxes, and assessments, the obligations of
4406 the district with respect to the operation of the project and
4407 the maintenance of adequate project revenues, the issuance of
4408 additional bonds, the appointment, powers, and duties of
4409 trustees and receivers, the acquisition of outstanding bonds and
4410 obligations, restrictions on the establishing of competing
4411 projects or facilities, restrictions on the sale or disposal of
4412 the assets and property of the district, the priority of
4413 assessment liens, the priority of claims by bondholders on the
4414 taxing power of the district, the maintenance of deposits to
4415 ensure the payment of revenues by users of district facilities
4416 and services, the discontinuance of district services by reason
4417 of delinquent payments, acceleration upon default, the execution
4418 of necessary instruments, the procedure for amending or
4419 abrogating covenants with the bondholders, and such other
4420 covenants as may be deemed necessary for the security of the
4421 bondholders.
4422 Section 54. Validity of bonds; validation proceedings.—
4423 (1) Any bonds issued by the district shall be incontestable
4424 in the hands of bona fide purchasers or holders for value and
4425 shall not be invalid because of any irregularity or defects in
4426 the proceedings for the issue and sale thereof. Prior to the
4427 issuance of any bonds, the district may, but is not required to,
4428 publish a notice as provided in chapter 50, Florida Statutes,
4429 stating the date of adoption of the resolution authorizing such
4430 obligations, the amount, maximum rate of interest, and maturity
4431 of such obligations, and the purpose in general terms for which
4432 such obligations are to be issued, and further stating that any
4433 action or proceeding questioning the validity of such
4434 obligations or of the proceedings authorizing the issuance
4435 thereof, or of any covenants made therein, must be instituted
4436 within 30 days after the first publication of such notice, or
4437 the validity of such obligations, proceedings, and covenants
4438 shall not be thereafter questioned in any court whatsoever. If
4439 no such action or proceeding is so instituted within such 30-day
4440 period, then the validity of such obligations, proceedings, and
4441 covenants shall be conclusive, and all persons or parties
4442 whatsoever shall be forever barred from questioning the validity
4443 of such obligations, proceedings, or covenants in any court
4444 whatsoever.
4445 (2) The power of the district to issue bonds under the
4446 provisions of this act may be determined, and any of the bonds
4447 of the district may be validated and confirmed, by circuit court
4448 decree, under the provisions of chapter 75, Florida Statutes,
4449 and laws amendatory thereof or supplementary thereto.
4450 Section 55. Act furnishes full authority for issuance of
4451 bonds.—This act constitutes full and complete authority for the
4452 issuance of bonds and the exercise of the powers of the district
4453 provided herein. The powers conferred by this act on the
4454 district with respect to the issuance and sale of bonds shall be
4455 in addition and supplemental to the powers conferred by any
4456 other law.
4457 Section 56. Tax exemption.-As the exercise of the powers
4458 conferred by this act to effect the purposes of this act
4459 constitute the performance of essential public functions, and as
4460 the projects of the district will constitute public property
4461 used for public purposes, all assets and properties of the
4462 district, and all bonds issued hereunder and interest paid
4463 thereon, and all fees, charges, and other revenues derived by
4464 the district from the projects provided for by this act shall be
4465 exempt from all taxes by the state or by any political
4466 subdivision, agency, or instrumentality thereof, provided,
4467 however, that nothing in this act shall be deemed to exempt from
4468 taxation any property, project, facility, business activity, or
4469 enterprise that cannot validly be undertaken as a public
4470 function by special taxing districts or other public bodies
4471 under the laws and Constitution of the State of Florida, and
4472 provided further that nothing in this act shall be deemed to
4473 exempt any property, project, facility, business activity, or
4474 enterprise of the district, or revenues derived therefrom, which
4475 would be subject to taxation under the general laws of the State
4476 of Florida if such property, project, or facility were owned or
4477 undertaken by a municipal corporation.
4478 Section 57. Pledge by State of Florida to bondholders of
4479 district and to Federal Government.—
4480 (1) For all bonds and other obligations issued before the
4481 effective date of this act, the State of Florida pledges to the
4482 holders of any bonds issued under this act that it will not
4483 limit or alter the rights of the district to own, acquire,
4484 construct, reconstruct, improve, maintain, operate, or furnish
4485 the projects or to levy and collect the taxes, assessments,
4486 rentals, rates, fees, fares, and other charges provided for
4487 herein and to fulfill the terms of any agreement made with the
4488 holders of such bonds or other obligations, that it will not in
4489 any way impair the rights or remedies of the holders, and that
4490 it will not modify in any way the exemption from taxation
4491 provided in this act, until all such bonds, together with
4492 interest thereon, and all costs and expenses in connection with
4493 any action or proceeding by or on behalf of such holders, are
4494 fully met and discharged. The State of Florida pledges to and
4495 agrees with the Federal Government that in the event the Federal
4496 Government or any agency or authority thereof shall construct or
4497 contribute any funds, materials, or property for the
4498 construction, acquisition, extension, improvement, enlargement,
4499 maintenance, operation, or furnishing of any of the projects of
4500 the district, or any part thereof, the state will not alter or
4501 limit the rights and powers of the district in any manner which
4502 would be inconsistent with the continued maintenance and
4503 operation of such project, or any part thereof, or the
4504 improvement thereof, or which would be inconsistent with the due
4505 performance of any agreements between the district and the
4506 Federal Government, and the district shall continue to have and
4507 may exercise all powers herein granted so long as the board of
4508 supervisors deems the same necessary or desirable for the
4509 carrying out of the purposes of this act and the purposes of the
4510 Federal Government in the construction, acquisition, extension,
4511 improvement, enlargement, maintenance, operation, or furnishing
4512 of any of the projects of the district, or any part thereof.
4513 (2) For all bonds and other obligations issued on or after
4514 the effective date of this act, the State of Florida pledges to
4515 the holders of any bonds issued under this act that it will not
4516 limit or alter the rights of the district to own, acquire,
4517 construct, reconstruct, improve, maintain, operate, or furnish
4518 the projects or to levy and collect the taxes, assessments,
4519 rentals, rates, fees, fares, and other charges provided for
4520 herein and to fulfill the terms of any agreement made with the
4521 holders of such bonds or other obligations, that it will not in
4522 any way impair the rights or remedies of the holders, and that
4523 it will not modify in any way the exemption from taxation
4524 provided in this act, until all such bonds, together with
4525 interest thereon, and all costs and expenses in connection with
4526 any action or proceeding by or on behalf of such holders, are
4527 fully met and discharged.
4528 Section 58. Cooperative agreements with certain
4529 municipalities.—
4530 (1) The board of supervisors may undertake and finance any
4531 of the projects of the district, in whole or in part, with any
4532 municipality now existing or hereafter created within the
4533 district or in any other manner combine the projects of the
4534 district with the projects of such municipality or
4535 municipalities on such terms and conditions as the board of
4536 supervisors shall approve, and the provisions of this act,
4537 including, without limitation, the provisions for the financing
4538 of district projects through bond issues, shall be applicable to
4539 such projects.
4540 (2) Any agreement of the type authorized by this section
4541 may be made and entered into pursuant to this act for such time
4542 or times, not exceeding 40 years, as shall be agreed by the
4543 parties thereto or for such longer time as any bonds of any of
4544 the contracting parties, including refunding bonds, remain
4545 outstanding and unpaid, and may contain such details, terms,
4546 provisions, and conditions as shall be agreed upon by the
4547 parties thereto. Any such agreement may be made and entered into
4548 for the benefit of the holders of any bonds of the district as
4549 well as the parties thereto and in such event shall be
4550 enforceable in any court of competent jurisdiction by the
4551 holders of any such bonds or of the coupons appertaining
4552 thereto.
4553 Section 59. Contracts, grants, and contributions.—The
4554 district shall have the power to make and enter all contracts
4555 and agreements necessary or incidental to the performance of the
4556 functions of the district and the execution of its powers, and
4557 to contract with, and to accept and receive grants or loans of
4558 money, material, or property from, any person, private or public
4559 corporation, the state or any agency or instrumentality thereof,
4560 any county, municipality, or other political subdivision, or any
4561 agency, instrumentality, or corporation of or created by the
4562 United States of America, or the United States of America, as
4563 the board of supervisors shall determine to be necessary, or as
4564 otherwise authorized by general law or this act, to carry out
4565 the purposes of this act, and in connection with any such
4566 contract, grant, or loan to stipulate and agree to such
4567 covenants, terms, and conditions as the board deems appropriate.
4568 Section 60. Effect of annexation of lands to and exclusion
4569 of lands from district.—
4570 (1) Land, including property situated thereon, added to the
4571 district shall from the time of its inclusion within the
4572 district be subject to all of the taxes and assessments
4573 thereafter levied and assessed on other land or property of the
4574 district similarly situated. Land or property excluded from the
4575 district shall from the date of such exclusion be exempt from
4576 taxes or assessments thereafter imposed by the district but
4577 shall not be exempt from any taxes or assessments theretofore
4578 levied and due with respect to such land or property, or from
4579 subsequent installments of taxes or assessments theretofore
4580 levied or assessed with respect thereto, and such taxes or
4581 assessments may be enforced and collected by or on behalf of the
4582 district in the same manner as if such land or property
4583 continued to be within the territorial limits of the district.
4584 (2) Nothing in this section shall permit the annexation or
4585 exclusion of lands contrary to the terms, covenants, or
4586 conditions of any of the bonds or obligations of the district,
4587 or in any manner that would impair the security of the holders
4588 of any bonds or other obligations of the district.
4589 Section 61. Construction of district projects.—The
4590 Legislature finds and declares that in order to accomplish the
4591 purposes of this act, it is essential that the board of
4592 supervisors have discretion and authority with respect to the
4593 manner in which the construction of the projects of the
4594 district, including, but not limited to, projects financed by
4595 district bonds, taxes, or assessments, shall be undertaken. The
4596 board of supervisors shall have power and authority to acquire,
4597 construct, reconstruct, extend, repair, improve, maintain, and
4598 operate any of the projects of the district, and to that end to
4599 employ contractors, to purchase machinery, to employ machinery
4600 operators, and directly to have charge of and construct the
4601 projects of the district in such manner as the board may
4602 determine. The district may undertake any construction work with
4603 its own resources, without public advertisement for bids.
4604 However, if the district does not use its own resources to
4605 undertake any construction work, the board of supervisors must
4606 let contracts for the projects of the district, either as a
4607 whole or in sections, with public advertising and the receiving
4608 of bids, all on such terms and conditions as the board may deem
4609 appropriate. The board of supervisors shall let the contract to
4610 the lowest responsible and responsive bidder. However, the board
4611 may in its discretion reject any and all bids.
4612 Section 62. Enforcement and penalties.—
4613 (1) The board of supervisors or any aggrieved person may
4614 have recourse to such civil remedies as may be necessary to
4615 ensure compliance with the provisions of this act, including
4616 injunctive relief to enjoin or restrain any person violating the
4617 provisions of this act, and any bylaws, resolutions,
4618 regulations, rules, codes, and orders adopted under this act,
4619 and the court shall, upon proof of such violation, have the duty
4620 to issue forthwith such temporary and permanent injunctions as
4621 are necessary to prevent such further violation thereof. In case
4622 any building or structure is erected, constructed,
4623 reconstructed, altered, repaired, converted, or maintained, or
4624 any building, structure, land, or water is used, in violation of
4625 this act, or of any code, order, resolution, or other regulation
4626 made under authority conferred by this act or under law, the
4627 board of supervisors and any person residing in the district may
4628 institute any appropriate action or proceeding to prevent such
4629 unlawful erection, construction, reconstruction, alteration,
4630 repair, conversion, maintenance, or use, to restrain, correct or
4631 avoid such violation, to prevent the occupancy of such building,
4632 structure, land, or water, and to prevent any illegal act,
4633 conduct, business, or use in or about such premises, land, or
4634 water.
4635 (2) The district shall have the standing and authority to
4636 challenge, by an action in a court of proper jurisdiction, any
4637 action, contract, resolution, ordinance, code, or regulation of
4638 the City of Bay Lake or the City of Lake Buena Vista that
4639 violates this act.
4640 Section 63. Investment of funds.—The board of supervisors
4641 may in its discretion invest funds of the district as provided
4642 in s. 218.415, Florida Statutes.
4643 Section 64. Severability of provisions.—If any section,
4644 clause, sentence, or provision of this act, or the application
4645 of such section, clause, sentence, or provision to any persons
4646 or bodies or under any circumstances, is held to be inoperative,
4647 invalid, or unconstitutional, the invalidity of such section,
4648 clause, sentence, or provision shall not be deemed, held, or
4649 taken to affect the validity or constitutionality of any of the
4650 remaining parts of this act, or the application of any of the
4651 provisions of this act to persons or bodies or in circumstances
4652 other than those as to which it or any part thereof is held
4653 inoperative, invalid, or unconstitutional, and it is intended
4654 that this act shall be construed and applied as if any section,
4655 clause, sentence, or provision held inoperative, invalid, or
4656 unconstitutional had not been included in this act.
4657 Section 3. The offices and terms of all members of the
4658 Board of Supervisors of the Reedy Creek Improvement District
4659 existing as of the effective date of this act shall end as of
4660 the effective date of this act, but such members may continue to
4661 serve until a successor in office is appointed and qualified.
4662 Until successors are appointed and qualified to replace all of
4663 the members of the board of supervisors existing as of the
4664 effective date of this act, board members, officers, and
4665 employees of the district may not sell, dispose of, encumber,
4666 transfer, or expend the assets of the district as such assets
4667 existed on the effective date of this act, other than in the
4668 ordinary course of business.
4669 Section 4. The provisions of this act shall be liberally
4670 construed to effect its purposes and shall be deemed cumulative,
4671 supplemental, and alternative authority for the exercise of the
4672 powers provided herein.
4673 Section 5. Chapter 67-764, Laws of Florida, and the decree
4674 in chancery No. 66-1061 entered by the Circuit Court in and for
4675 the Ninth Judicial Circuit of the State of Florida on May 13,
4676 1966, creating and incorporating the Reedy Creek Drainage
4677 District as a public corporation of the State of Florida, are
4678 repealed.
4679 Section 6. Notwithstanding the repeal of the decree and
4680 chancery No. 66-1061, the stipulation dated September 29, 1966,
4681 by and between the Reedy Creek Drainage District and Orange
4682 County, filed and entered in the proceeding then pending in the
4683 Circuit Court of the Ninth Judicial Circuit in and for Orange
4684 County, Florida, being Case No. Chancery 66-1061, shall continue
4685 to be effective and binding on the Reedy Creek Improvement
4686 District and Orange County and applicable to any plan of
4687 reclamation now or hereafter adopted by the Reedy Creek
4688 Improvement District unless and until revised or terminated by
4689 agreement of the parties thereto.
4690 Section 7. This act shall take effect upon becoming a law.
4691
4692 ================= T I T L E A M E N D M E N T ================
4693 And the title is amended as follows:
4694 Delete everything before the enacting clause
4695 and insert:
4696 A bill to be entitled
4697 An act relating to the Reedy Creek Improvement
4698 District, Orange and Osceola Counties; reenacting,
4699 amending, and repealing chapter 67-764, Laws of
4700 Florida, and the decree in chancery No. 66-1061
4701 entered by the Circuit Court in and for the Ninth
4702 Judicial Circuit of the State of Florida on May 13,
4703 1966, relating to the district; providing legislative
4704 intent; providing for continuation of authority for
4705 revenue collection and powers to meet outstanding
4706 obligations; renaming the district; providing the
4707 boundaries for the district; revising the manner of
4708 selection of the board of supervisors; providing term
4709 limits; revising board member compensation; providing
4710 a process for selecting certain staff; revising the
4711 powers of the board; revising the powers of the
4712 district; providing severability; providing for
4713 transition; providing construction; providing for
4714 continued effect of stipulation between the district
4715 and Orange County; providing an exception to general
4716 law; providing an effective date.