Chapter 262 - Special Districts (Special Acts) Chapter 262
SPECIAL DISTRICTS*
Article I. In General
Secs. 262-1-262-25. Reserved.
Article II. Naples Drainage District
Sec. 262-26. 1919 ratification of creation.
Sec. 262-27. 1921 ratification of actions.
Secs. 262-28-262-50. Reserved.
Article M. Jaudon Drainage District
Sec. 262-51. Created,boundaries.
Sec. 262-52. Board of supervisors-Composition,organization,etc.
Sec. 262-53. Same-Filling vacancies.
Sec. 262-54. Taxation;lien;enforcement.
Sec. 262-55. Engineer;selection,qualification,general authority.
Sec. 262-56. Plan of reclamation,improvement-Preparation,submission.
Sec. 262-57. Same-Transmission,appointment of commissioners.
Sec. 262-58. Same-Implementation;organization of board of commissioners.
Sec. 262-59. Duties of board of commissioners.
Sec. 262-60. Publication of report;notice.
Sec. 262-61. Hearing;decree.
Sec. 262-62. Construction.
Sec. 262-63. Tax levy.
Sec. 262-64. Annual levy.
Sec. 262-65. Collection of taxes.
Sec. 262-66. Delinquent taxes.
Sec. 262-67. Penalty on delinquent taxes.
Sec. 262-68. Declaration of lien.
Sec. 262-69. Enforcement of liens.
Sec. 262-70. Trial,execution.
Sec. 262-71. Duties of treasurer.
Sec. 262-72. Construction,maintenance of canals,other waterways.
Sec. 262-73. Attorney.
Sec. 262-74. Records.
Sec. 262-75. Entry onto property restricted.
Sec. 262-76. Bridges.
Sec. 262-77. Warrants,interest.
Sec. 262-78. Surety bonds.
Sec. 262-79. Change of venue.
Sec. 262-80. Abatement of actions by death,disability.
Sec. 262-81. Effect of appeals.
Sec. 262-82. Dissolution,increased taxation.
Sec. 262-83. Compensation of personnel.
Sec. 262-84. "Owner" defined.
Sec. 262-85. Overseers.
Sec. 262-86. Issuance of bonds.
Sec. 262-87. Tax levy for maintenance.
Sec. 262-88. Petition of adjustment of assessments or benefits.
Sec. 262-89. Amendment of reclamation plan.
Sec. 262-90. Removal of personnel.
Sec. 262-91. Incorporation of existing improvements.
*Code reference-Ordinances pertaining to special districts,ch. 122.
Supp.No.24 SA262:1
COLLIER COUNTY CODE '1
Sec. 262-92. Payment of assessments.
Sec. 262-93. Private construction of drains.
Sec. 262-94. Security of bonds.
Sec. 262-95. Obstruction of canals,etc.
Sec. 262-96. Supplemental nature of act.
Secs. 262-97-262-120. Reserved.
Article W. Naples Harbor District
Sec. 262-121. Created,boundaries.
Sec. 262-122. Board of commissioners-Powers,duties.
Sec. 262-123. Same-Initial composition,terms,etc.
Sec. 262-124. Election of commissioners.
Sec. 262-125. Organization;chairman,secretary.
Sec. 262-126. Construction,maintenance of harbor,canals,etc.
Sec. 262-127. Maintenance of waterways.
Sec. 262-128. Acquisition of property.
Sec. 262-129. Tax levy.
Sec. 262-130. Borrowing funds,notes.
Sec. 262-131. Permanent loans,bonds authorized.
Sec. 262-132. Referendum on bonds.
Sec. 262-133. Denomination of bonds;payment,etc.
Sec. 262-134. Form of bonds.
Sec. 262-135. Record of bonds.
Sec. 262-136. Manner of payment.
Sec. 262-137. Status of act.
Sec. 262-138. Cooperation with federal government.
Sec. 262-139. Retirement of bonds.
Sec. 262-140. Handling funds.
Sec. 262-141. Supervision of work.
Sec. 262-142. Docks,wharves,etc.
Sec. 262-143. Payment of certain expenses.
Sec. 262-144. Unlawful acts.
Secs. 262-145-262-165. Reserved.
Article V. Immokalee Fire Control District
Sec. 262-166. Created,boundaries.
Sec. 262-167. Governing body.
Sec. 262-168. Officers;powers.
Sec. 262-169. Emergency medical and rescue response services.
Sec. 262-170. Policies,rules and regulations,and fire code.
Sec. 262-171. Taxes;non-ad valorem assessments;impact fees;user charges.
Secs. 262-172-262-200. Reserved.
Article VI. East Naples Fire Control and Rescue District
Sec. 262-201. Established;boundaries.
Sec. 262-202. Governing body;officers;compensation.
Sec. 262-203. Powers and duties of board.
Sec. 262-204. Personnel.
Sec. 262-205. Investigations.
Sec. 262-206. Rules and regulations.
Sec. 262-207. Annual estimate of moneys required;posting.
Sec. 262-208. Annual tax millage.
Sec. 262-209. Assessment and collection of taxes.
Sec. 262-210. Remittance to board.
Sec. 262-211. Finances;warrants.
Sec. 262-212. Treasurer-Bond. #.1"")
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SPECIAL DISTRICTS
Sec. 262-213. Samc Semiannual reports.
Sec. 262-214. Authority to issue bonds.
Sec. 262-215. Payment of costs of referendum.
Sec. 262-216. Impact fees.
Secs. 262-217-262-240. Reserved.
Article VII. Reserved
Secs. 262-241-262-305. Reserved.
Article VIII. Collier Mosquito Control District
Sec. 262-306. Minimum charter requirements.
Sec. 262-307. Liability insurance.
Sec. 262-308. Group insurance.
Secs. 262-309-262-330. Reserved.
Article IX. Marco Island Fire Control District
Sec. 262-331. Area of district.
Sec. 262-332. Annexation.
Sec. 262-333. Nomination of fire district board; advisory committee.
Sec. 262-334. Election of officers.
Sec. 262-335. General powers of board.
Sec. 262-336. Annual estimate of money needed filed with county;notice.
Sec. 262-337. Annual millage rate of taxes.
Sec. 262-338. Assessment and collection of taxes.
Sec. 262-339. Impact fees.
Sec. 262-340. Finances;payments by treasurer,bond;semiannual report.
Sec. 262-341. Election of board members.
Sec. 262-342. Liberal construction.
Secs. 262-343-262-365. Reserved.
Article X. Pelican Bay Improvement District
Sec. 262-366. Created,boundaries.
Sec. 262-367. Definitions.
Sec. 262-368. Governing board.
Sec. 262-369. Succession.
Sec. 262-370. Powers.
Sec. 262-371. Treasurer;depositories;fiscal agent.
Sec. 262-372. Seal.
Sec. 262-373. Annual budget.
Sec. 262-374. Water management and control plans;proceedings thereof.
Sec. 262-375. Adoption, revision and revocation of water management and
control plan.
Sec. 262-376. Assessing land for benefits; apportionment of tax;lands belong-
ing to the state assessed;tax record.
Sec. 262-377. Issuance of bond anticipation notes.
Sec. 262-378. Short-term borrowing.
Sec. 262-379. Trust agreements.
Sec. 262-380. Sale of bonds.
Sec. 262-381. Authorization and form of bonds.
Sec. 262-382. Interim certificates;replacement certificates.
Sec. 262-383. Negotiability of bonds.
Sec. 262-384. Defeasance.
Sec. 262-385. Issuance of additional bonds.
Sec. 262-386. Refunding bonds.
Sec. 262-387. Revenue bonds.
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Sec. 262-388. General obligation bonds.
Sec. 262-389. Bonds as legal investment or security.
Sec. 262-390. Covenants.
Sec. 262-391. Validity of bonds;validation proceedings.
Sec. 262-392. Within act furnishes full authority for issuance of bonds.
Sec. 262-393. Pledge by state to bondholders of district.
Sec. 262-394. Ad valorem taxes.
Sec. 262-395. Ad valorem taxes.
Sec. 262-396. Benefit taxes.
Sec. 262-397. Maintenance tax.
Sec. 262-398. Enforcement of taxes.
Sec. 262-399. When unpaid tax is delinquent;penalty.
Sec. 262-400. Tax exemption.
Sec. 262-401. Special assessments.
Sec. 262-402. Issuance of certificates of indebtedness based on assessments for
assessable improvements;assessment bonds.
Sec. 262-403. Foreclosure of liens.
Sec. 262-404. Tax liens.
Sec. 262-405. Payment of taxes,redemption of tax liens by the district;sharing
in proceeds of tax sale under F.S. § 194.21.
Sec. 262-406. Mandatory use of certain district facilities and services.
Sec. 262-407. Bids required.
Sec. 262-408. Maintenance of projects across rights-of-way.
Sec. 262-409. Agreements with other political bodies for the joint discharge of
common functions.
Sec. 262-410. Fees,rentals,and charges;procedure for adoption and modifica-
tions;minimum revenue requirements.
Sec. 262-411. Recovery of delinquent charges.
Sec. 262-412. Discontinuance of service.
Sec. 262-413. Action taken on consent of landowners.
Sec. 262-414. Enforcement and penalties.
Sec. 262-415. Suits against the district.
Sec. 262-416. Exemption of district property from execution.
Sec. 262-417. Extension of services outside boundaries.
Secs. 262-418-262-440. Reserved.
Article XI. Big Corkscrew Island Fire Control and Rescue District
Sec. 262-441. Created,boundaries.
Sec. 262-442. Status and purpose.
Sec. 262-443. Creation;amendment.
Sec. 262-444. Governing body.
Sec. 262-445. Officers.
Sec. 262-446. Policies and regulations.
Sec. 262-447. Budget.
Sec. 262-448. Taxing authority.
Sec. 262-449. Powers and duties.
Secs. 262-450-262-480. Reserved.
Article XII. Immokalee Water and Sewer District
Sec. 262-481. Short title.
Sec. 262-482. Definitions.
Sec. 262-483. Boundaries.
Sec. 262-484. Objects and purposes of the district.
Sec. 262-485. Governing body.
Sec. 262-486. Organization.
Sec. 262-487. Funds.
Sec. 262-488. Powers of board.
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SPECIAL DISTRICTS
Sec. 262-489. Assessable improvements; levy and payment of special assess-
ments.
Sec. 262-490. Water rates and service charges.
Sec. 262-491. Collection of rates and charges.
Sec. 262-492. Connection with sewer system.
Sec. 262-493. Declaration of policy.
Sec. 262-494. Audits.
Sec. 262-495. [Effective provisions.]
Secs. 262-496-262-515. Reserved.
Article XIII. North Naples Fire Control and Rescue District
Sec. 262-516. Preamble.
Sec. 262-517. Name of district.
Sec. 262-518. Boundaries.
Sec. 262-519. Powers of the district.
Sec. 262-520. Governing board.
Sec. 262-521. Finances.
Sec. 262-522. Elections.
Sec. 262-523. Eminent domain.
Sec. 262-524. Miscellaneous.
Secs. 262-525-262-545. Reserved.
Article XIV. Devil's Garden Water Control District
Sec. 262-546. Boundaries extended.
Sec. 262-547. Power of the district.
Sec. 262-548. Management,administration of district.
Sec. 262-549. District taxes.
Secs. 262-550-262-570. Reserved.
Article XV. Golden Gate Fire Control and Rescue District
Sec. 262-571. Preamble.
Sec. 262-572. Name of district.
Sec. 262-573. Boundaries of the district.
Sec. 262-574. Powers of the district
Sec. 262-575. Governing board.
Sec. 262-576. Finances.
Sec. 262-577. Miscellaneous.
Secs. 262-578-262-595. Reserved.
Article XVI. Cow Slough Water Control District
Sec. 262-596. District creation;boundaries.
Sec. 262-597. Provisions of other laws made applicable.
Sec. 262-598. Minimum requirements.
Secs. 262-599-262-630. Reserved.
Article XVII. Collier County Water-Sewer District
Sec. 262-631. Legislative intent.
Sec. 262-632. County water-sewer district reestablished.
Sec. 262-633. Jurisdiction,restrictions, and boundaries.
Sec. 262-634. Definitions.
Sec. 262-635. Powers and duties of the district board.
Sec. 262-636. Adoption of rates,fees, and other charges.
Sec. 262-637. Bonds.
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Sec. 262-638. Trust funds;trustees.
Sec. 262-639. Covenants of the district board with bondholders.
Sec. 262-640. Unpaid fees to constitute lien.
Sec. 262-641. Publication of notice of issuance of bonds.
Sec. 262-642. Bonds;qualities of negotiable instruments;rights of holders.
Sec. 262-643. Annual reports of the district board.
Sec. 262-644. District bonds as securities for public bodies.
Sec. 262-645. Contracts.
Sec. 262-646. Special assessments.
Sec. 262-647. Free water and sewer services prohibited.
Sec. 262-648. Impact fees.
Sec. 262-649. Conveyance of property without consideration.
Sec. 262-650. District approval of construction of water and sewage facilities.
Sec. 262-651. Construction of law.
Sec. 262-652. Penalties and enforcement.
Secs. 262-653-262-685. Reserved.
Article XVIII. Big Cypress Stewardship District
Sec. 262-686. District establishment and boundaries.
Sec. 262-687. Provisions of other laws made applicable.
Sec. 262-688. Powers of the district;compliance with county plans and regula-
tions.
Sec. 262-689. Sale of real estate within the district; required disclosure to
purchaser.
Sec. 262-690. Board of supervisors;organization,powers, duties,and terms of
office.
Sec. 262-691. Compensation of board;per diem.
Sec. 262-692. Annual landowners'meeting;election of supervisors.
Sec. 262-693. Taxes;non-ad valorem assessments.
Sec. 262-694. When unpaid taxes and assessments delinquent;penalty.
Sec. 262-695. Enforcement of taxes and assessments.
Sec. 262-696. Bonds.
Sec. 262-697. Minimum requirements.
Sec. 262-698. Miscellaneous.
Secs. 262-699-262-720. Reserved.
Article XIX. Ave Maria Stewardship Community District
Sec. 262-721. Popular name.
Sec. 262-722. Legislative findings.
Sec. 262-723. Ascertainments.
Sec. 262-724. Determinations.
Sec. 262-725. Intent.
Sec. 262-726. Purpose.
Sec. 262-727. Definitions;as used in this Act.
Sec. 262-728. Policy.
Sec. 262-729. Minimum general law requirements.
Sec. 262-730. Legal description.
Sec. 262-731. Board of supervisors;members and meetings;organization;pow-
ers;duties;terms of office;related election requirements.
Sec. 262-732. Election;popular elections,referendum and designation of urban
areas.
Sec. 262-733. Board of supervisors;general duties.
Sec. 262-734. Budget;reports and reviews.
Sec. 262-735. Disclosure of public financing.
Sec. 262-736. General powers.
Sec. 262-737. Special powers. I�
Sec. 262-738. Issuance of bond anticipation notes.
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Sec. 262-739. Short-term borrowing.
Sec. 262-740. Bonds.
Sec. 262-741. Trust agreements.
Sec. 262-742. Ad valorem taxes; assessments, benefit special assessments,
maintenance special assessments,and special assessments;main-
tenance taxes.
Sec. 262-743. Special assessments.
Sec. 262-744. Issuance of certificates of indebtedness based on assessments for
assessable improvements; assessment bonds.
Sec. 262-745. Tax liens.
Sec. 262-746. Payment of taxes and redemption of tax liens by the district;
sharing in proceeds of tax sale.
Sec. 262-747. Foreclosure of liens.
Sec. 262-748. Mandatory use of certain district systems,facilities,and services.
Sec. 262-749. Competitive procurement; bids; negotiations; related provisions
required.
Sec. 262-750. Fees,rentals,and charges;procedure for adoption and modifica-
tions;minimum revenue requirements.
Sec. 262-751. Recovery of delinquent charges.
Sec. 262-752. Discontinuance of service.
Sec. 262-753. Enforcement and penalties.
Sec. 262-754. Suits against the district.
Sec. 262-755. Exemption of district property from execution.
Sec. 262-756. Termination,contracting,or expansion of district.
Sec. 262-757. Inclusion of territory.
Sec. 262-758. Sale of real estate within a district; required disclosure to
purchaser.
Sec. 262-759. Notice of creation and establishment.
Sec. 262-760. Severability.
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SPECIAL DISTRICTS § 262-50
ARTICLE I. IN GENERAL (b) The levy of the total tax and the levy of the
1920 installment tax as made by the board of su-
Secs. 262-1-262-25. Reserved. pervisors of the Naples Drainage District, in Lee
County,Florida, be and the same is hereby rati-
fied,validated and confirmed in every respect and
such levy is hereby made a lien against the prop-
ARTICLE II. NAPLES DRAINAGE erties in the said district against which said levy
DISTRICT* has been made.
Sec. 262-26. 1919 ratification of creation. (c) The Act of the board of supervisors of the
Naples Drainage District of Lee County, Florida,
The creation and organization of the Naples in issuing bonds for and on behalf of said district
Drainage District in the County of Lee, State of to the amount of$33,400.00, such bonds bearing
Florida, said drainage district having been cre-
ated and organized under the provisions and au the date of January 1, 1920, with interest from
thority of Laws of Fla. ch. 6458 (1913), is hereby the date thereof at the rate of six percent per
ratified, validated and confirmed.And the decree annum,payable semi-annually on July 1 and Jan
of the judge of the tenth judicial circuit of the uary 1 of each year, such bonds maturing
State of Florida, in and for the County of Lee, $2,000.00 on January 1, 1925, and $2,000.00 on
State of Florida,bearing the date of December the January 1 of each and every year thereafter,up to
8th, 1917, incorporating said district, which said and including January 1, 1935;and$3,000.00,ma-
decree was duly recorded in the records of Lee turing on January 1, 1936, and $3,000.00 ma-
County, Florida, in Book Four of the circuit court turing on January 1 of each and every year, up to
minutes at and on page 150, et seq., is hereby and including January 1, 1938;and$3,400.00 ma-
ratified and confirmed, and the Naples Drainage turing on January 1, 1939, be and the same is
District is hereby declared to have been legally hereby ratified, validated and confirmed in every
incorporated, and that said drainage district may respect and such bonds as issued shall be and the
and can legally exercise and perform each and same is hereby made a lien against the lands in
every power, right and authority granted and the said district so assessed for benefits.
given to drainage districts created and organized
under the provisions of said act of the legislature (d) All the acts and proceedings taken and had
hereinbefore mentioned, and the amendments by the board of supervisors of the Naples Drainage
thereto. District in Lee County, Florida, for and on behalf
(Laws of Fla. ch. 7972 (1919), § 1) of the said district, since the creation and organi-
Editor's note—The above act references Lee County rather zation thereof, be and the same is hereby vali-
than Collier County because Collier County was not organized
until 1923. See Laws of Fla. ch. 9362 (1923). The area incor- dated and confirmed.
porated into the district apparently embraces land that is now (Laws of Fla. ch. 8897 (1921), §§ 1-4)
in Collier County.Laws of Fla. ch. 6458(1913)(referenced in Editor's note—The above act references Lee County rather
the above section)is not a special act;it is a general law that than Collier County because Collier County was not organized
is now codified in F.S. ch. 298. until 1923. See Laws of Fla. ch. 9362 (1923). The area incor-
porated into the district apparently embraces land that is now
Sec. 262-27. 1921 ratification of actions. in Collier County.
(a) That the report of the commissioners of the
Naples Drainage District in Lee County, Florida, Secs. 262-28-262-50. Reserved.
making the assessment of benefits and damages
against the properties in said district, be and the
same is hereby ratified, validated and confirmed
in every respect.
*State law reference—Drainage districts, F.S. ch. 298.
SA262:9
§ 262-51 COLLIER COUNTY CODE
ARTICLE III.JAUDON DRAINAGE or may not be members of the board,and who may
DISTRICT* be required to give bond for the faithful perfor-
mance of their duties; and the offices of secretary
Sec. 262.51. Created, boundaries. and treasurer may be filled by one person if the
That for the purpose of draining, reclaiming, board of supervisors shall so decide. The board of
improving and making fit for cultivation and hab- supervisors shall adopt a common seal with a suit-
itation, and thereby to promote the public in- able device, and shall keep a permanent record of
terest, convenience, and welfare, the lands here- their proceedings in a substantially bound book to
inafter described,which(with the exception of the be kept for the purpose, which shall be open to
16th sections embraced within the designated inspection by any interested person, his agent or
boundaries) were purchased from the trustees of attorney. The board of supervisors shall report to
the internal improvement fund with the under- the landowners of said drainage and improve-
standing and agreement aforesaid with reference ment district at the annual meetings what work
thereto (the said 16th sections having been sub- has been done by engineers or otherwise. The
sequently purchased from the state board of edu- members of the board shall receive their actual
cation of Florida), the Jaudon Drainage and Im- expenses incurred in attending the meetings of
provement District is hereby created and the board, or in attending to any business for and
established, the territorial boundaries of which in behalf of said district, which expense account
shall be as follows,to-wit:Beginning at the south- shall be audited by the board before payment,but
west corner of Township 53 South,Range 31 East, said board shall receive no compensation for their
thence 13 miles south,thence 24 miles east,thence services unless the landowners at the annual
one mile north, thence one mile east, thence 12 meeting shall determine to pay compensation,
miles north, thence 25 miles west, to point of be- which in no event shall exceed $5.00 per day for
ginning, comprising eight townships and 36 sec- the time actually engaged in work for the district,
tions which sections border on the south and east and $0.05 per mile for miles actually traveled;
sides of the said townships,making a total acreage provided, however, that if the secretary be a
(including the 16th sections) of 207,360 acres. member of the board he shall be entitled to corn-
(Laws of Fla. ch. 9791 (1923), § 1) pensation as hereinafter provided.
Sec. 262-52. Board of supervisors—Composi (Laws of Fla. ch. 9791 (1923), § 2)
Code reference—Boards,commissions,committees and au-
tion, organization, etc. thorities, § 2-816 et seq.
For accomplishing the purposes of this article Sec. 262-53. Same—Filling vacancies.
there is hereby created a board of supervisors for Every year in the month of February beginning
the said Jaudon Drainage and Improvement Dis with the year 1925, the board of supervisors shall
trict, which shall be the governing body of the call a meeting of the landowners in said district
said district, and whose duties, authority and for the purpose of electing a supervisor to take the
powers shall be as hereinafter provided.D.A.Mc place of the retiring supervisor by giving notice of
Dougal, J. H. McCord and J. F. Jaudon shall con such election by causing publication thereof to be
stitute and compose the first board of supervisors made for two consecutive weeks in some news-
of said drainage and improvement district, and paper published in each county in which lands of
they shall hold such positions in the order they the district are situate,the last insertion to be not
are named for the term of two, three and four less than ten days or more than 15 days before the
years,respectively,from the date this act becomes days of such meeting. The meeting shall be held
a law, and until their successors are elected and at some convenient place in a county in which
qualified; and all vacancies or expiration of terms some part of such drainage district is situate,
on said board shall be filled as provided by this which shall be stated in the notice together with
act. The board of supervisors shall elect one of the day and hour for holding said meeting.
their number president of the board, and shall
also elect a secretary, and a treasurer, who may The landowners when assembled in such
meeting shall organize by electing a chairman and
*State law reference—Drainage districts, F.S. ch. 298. secretary of the meeting, who shall conduct the
SA262:10
SPECIAL DISTRICTS § 262-55
election. At such election each and every acre of into or through said district, and assessing bene-
land in the district shall represent one share, and fits and damages, and to pay other expenses nec-
each owner shall be entitled to one vote in person, essarily incurred, before a sufficient sum can be
or by proxy in writing duly signed, for every acre obtained by the collection of said uniform tax, the
of land owned by him in the district,and the person board of supervisors may borrow a sufficient
receiving the greatest number of votes shall be amount of money for such purposes at a rate of
declared elected as supervisor. The terms of su- interest not exceeding eight percent per annum
pervisors,after the expiration of the several terms and may issue negotiable notes or bonds therefor
of office of the members composing the first board signed by the members of the board of supervisors
of supervisors shall be for three years, and they and sealed with the corporate seal of said district
shall serve until their successors shall have been and attested by the secretary, and may pledge
elected and qualified; and in case of a vacancy in any and all assessments made under the provi-
office of any supervisor the remaining supervisors sions of this section for the payment thereof. Said
may fill such vacancy until the next annual board of supervisors may issue to any person or
meeting,when a successor shall be elected for the persons performing work or services,or furnishing
unexpired term. anything of value, in the organization or accom-
(Laws of Fla. ch. 9791 (1923), § 3) plishment of the work of said district, negotiable
bonds or other evidences of indebtedness bearing
Sec. 262-54. Taxation; lien; enforcement. interest at not exceeding six percent per annum.
The board of supervisors shall as soon as prac (Laws of Fla. ch. 9791 (1923), § 4)
ticable after their organization levy a uniform tax
of not exceeding$1.00 per acre upon each acre of Sec. 262-55. Engineer; selection, qualifica-
land within such drainage district, to be used for tion, general authority.
the purpose of paying expenses incurred or to be
incurred in organizing said district, making sur- After organizing, the board of supervisors shall
veys of the same, constructing roads into or appoint a chief engineer for the district, who may
through said district and assessing benefits and be an individual, copartnership, or corporation,
damages, and to pay other expenses necessarily and who shall engage such assistants as the board
incurred, as may be estimated by said board and of supervisors may approve. Such chief engineer
the chief engineer of said district,before said board shall enter into a bond with good and sufficient
shall be empowered by subsequent provisions of surety in a sum to be fixed by said board, which
this article to provide funds to pay the total cost of bond and surety shall be approved by said board,
the works and improvement of the district. Such conditioned that he will faithfully and honestly
tax shall become a lien upon the land against perform all duties required of him by said board of
which it is assessed from the date of assessment, supervisors,and deliver to his successor all instru-
and shall be collected in the same manner as the ments, papers, maps, documents and other things
annual installments of benefit taxes hereinafter that may have come into his hands by virtue of
provided for are to be collected. In case the sum his employment. The chief engineer shall have
received from such assessment exceeds the total control of the engineering work in said district,
cost of items for which the same has been levied and he may, whenever he deems it necessary,
the surplus shall be placed in the general fund of confer with the chief engineer of this state, or the
the district and used to pay cost of construction. board of drainage commissioners, and he may, by
Provided, that if the incorporation of the district and with the consent of the board of supervisors,
be dissolved the amount of surplus, if there be consult any eminent engineer or engineers, and
any, shall be prorated and refunded to the land obtain his or their opinion and advice concerning
owners paying such assessment. Should it appear the reclamation of lands in said district. The said
to be necessary to obtain funds to pay any ex- engineer or engineers shall make all necessary
penses incurred or to be incurred in organizing surveys of lands within the boundary lines of said
said district, and making surveys and plans for district as hereinabove described, and of lands ad-
drainage and reclamation,and constructing roads jacent thereto that will be improved or reclaimed,
SA262:11
§ 262-55 COLLIER COUNTY CODE
in part or in whole, by any system of drainage engineer after consulting with him, or some one
that may be outlined and adopted, and said engi- representing him,and thereafter such adopted re-
neer or engineers shall make a report in writing port shall be the plan for draining and reclaiming
to the board of supervisors, with maps and pro- such lands from overflow or damage by water,
files of such surveys,which report shall contain a and it shall, after such adoption, be known and
full and complete plan for draining and reclaiming designated as the "plan of reclamation and
the lands within the boundaries of said district improvement," which plan shall be filed with the
from overflow or damage by water, with length, secretary of the board of supervisors, and by him
width and depth of such canals, ditches, drains, kept with the records of the district.
dikes, dams, locks, levees, holding basins, reser- (Laws of Fla. ch. 9791 (1923), § 6)
voirs, or other works, including roads or high-
ways and bridges, that may be necessary or con- Sec. 262-57. Same—Transmission, appoint-
venient in conjunction with said canals, ditches, ment of commissioners.
drains, dikes, dams, locks, levees, holding basins,
reservoirs,or other works,including roads or high Within 30 days after the adoption of the plan of
ways, heretofore constructed or built by the reclamation and improvement, the secretary of
the board of supervisors shall prepare and transmit trustees of the internal improvement fund,or any
other person or persons, or corporation, public or a certified copy thereof to the clerk of the circuit
private, or that may be in process of construction, court of the county in which the larger part of said
or which may be hereafter built by them, or any- drainage district is located, and at the same time
thing that may be necessary,which can be advan- board of supervisors shall file with said clerk
tageously used in such plan for drainage and rec- a petition asking the judge of said court to appoint
lamation, and also an estimate of the cost of three commissioners to appraise the lands within
carrying out and completing the plan of reclama- without said district to be acquired for rights
tion,including the cost of superintending the same of-way, holding basins, and other drainage works
and all incidental expense connected therewith; of said district, and to assess benefits and dam-
said maps and profiles shall also indicate so far as ages accruing to all lands in said district by reason
necessary,the physical characteristics of the lands of the execution of the "plan of reclamation and
and the location of any public roads,railroads and improvement," and immediately after the filing
other rights of way, roadways and other property of such petition, the judge of said court either in
or improvement located on such lands, or in their term time or vacation, shall make and enter an
vicinity; and in making such plans the said engi- order appointing three commissioners who shall
be freeholders residing within the State of Florida,
neer shall consider and recommend plans for irri-
gation of the lands reclaimed should necessity and who shall not be landowners in said district,
therefor develop or be anticipated in the general nor of kin by consanguinity or affinity within the
plan. fourth degree to any person, owning land in said
(Laws of Fla. ch. 9791 (1923), § 5) district. The majority of said commissioners shall
constitute a quorum and shall control the actions
and decisions of the board of commissioners on all
Sec. 262-56. Plan of reclamation, improve- questions.
ment—Preparation, submission. (Laws of Fla. ch. 9791 (1923), § 7)
The chief engineer shall make a report in Sec. 262-58. Same—Implementation; organi-
writing to the board of supervisors once every 12 zation of board of commis-
months and oftener if said board shall so require.
Upon receipt of the final report of said engineer sinners.
concerning the surveys made of the lands con- Said clerk, upon the filing of said order of ap-
tained in the said district and the land adjacent pointment,shall notify each of said commissioners
thereto, and the plan for reclaiming the same,the of his appointment by written or printed notice,
board of supervisors shall adopt such report, or and shall state therein the time and place for the
any modification thereof approved by the chief first meeting of said commissioners. The secre-
SA262:12
SPECIAL DISTRICTS § 262-59
tary of the board of supervisors, or his deputy, lands,public highways,railroads and other rights-
shall attend such meeting, and shall furnish to of-way not traversed by such works and improve-
said commissioners a complete list of lands em- ments, as provided for in the plan of reclamation
braced within said district, or adjacent thereto, and improvement, shall not consider what bene-
that can be affected by carrying out and putting fits will be derived by such property after other
into effect the plan of reclamation and improve- ditches, improvements or other plans of reclama-
ment, and the names of the owners of such lands, tion shall have been constructed, but they shall
as far as they can be obtained.Said secretary shall assess only such benefits as will be derived from
also furnish to said commissioners a copy of the the construction of the works and improvements
plan of reclamation and improvement, with the set out in the plan of reclamation and improve-
maps and profiles in his office.The commissioners ment, or as the same may afford an outlet for
at said meeting, or within ten days thereafter, drainage or protection from overflow of such prop-
shall each take and subscribe to an oath that they erty. The commissioners shall give due consider-
will faithfully and impartially discharge their du- ation and credit to any other canal or canals, dam
ties as such commissioners and make a true re- or dams, ditch or ditches, dike or dikes, levee or
port of the work done by them. The said.commis- levees,or other systems of reclamation which may
sioners shall also at said meeting elect one of their have already been constructed, and which afford
own number chairman, and the secretary of the partial or complete protection to any tract or parcel
board of supervisors, or his deputy, shall be ex of land in the said district. The public highways,
officio secretary of said board of commissioners railroads and other rights-of-way shall be assessed
during their continuance in office. according to the increased physical efficiency and
(Laws of Fla. ch. 9791 (1923), § 8) decreased maintenance cost of roadways by reason
of the protection to be derived from the proposed
Sec. 262-59. Duties of board of commis- work and improvements.The commissioners shall
sioners. have no power to change the plan of reclamation
and improvement as adopted. The board of com-
Immediately after qualifying as provided in the missioners shall prepare a report of their findings
previous section, the commissioners shall begin which shall be arranged in tabular form. The col-
their duties. They may at any time call upon the umns of such shall be headed as follows: Column
attorney of the district for legal advice and infor- one, Owner of Property Assessed; Column two,
mation relative to their duties; and the chief en- Description of Property Assessed; Column three,
gineer, or one of his assistants, shall accompany Number of Acres Assessed; Column four,Amount
said commissioners when engaged in the discharge of Benefits Assessed; Column five, Amount of
of their duties, and shall render his opinion in Damages Assessed; Column six, Number of Acres
writing upon any question affecting their duties to be Taken for Rights-of-Way, Holding Basins,
when called for by said commissioners. The said etc.;Column seven,Value of Property to be Taken.
commissioners shall proceed to view the premises The said commissioners shall also, by and with
and determine the value of all lands within or the advice of the chief engineer of the district,
without the district acquired and used for right- estimate the cost of the work set out in the plan of
of-way, holding basins or other works set out in reclamation and improvement, which estimate
the plan of reclamation and improvement. They shall include the cost of property required for
shall assess the amounts of benefits, and also the rights-of-way,holding basins and other works,and
amount of damages, if any, that will accrue to damages, and the probable expense of organiza-
each governmental lot,40-acre tract,or other sub- tion and administration as estimated by the board
division of land (according to ownership), public of supervisors, and shall tabulate the same. Said
highways, railroads and other rights-of-way not report shall be signed by at least a majority of the
traversed by such work and improvements, from commissioners and filed in the office of the clerk
carrying out and putting into effect the plan of of the circuit court by which such commissioners
reclamation and improvement theretofore adopted. were appointed. The secretary of the board of su-
�� The commissioners in assessing the benefits to pervisors,or his deputy,shall accompany said corn-
SA262:13
§ 262-59 COLLIER COUNTY CODE
missioners while engaged in their duties and shall trict within or without the limits of said dis-
perform all clerical work for said board. He shall trict, filed their report in this office on the
also, under the advice, supervision and direction day of' , 19 ,and each
of the attorney of the district, prepare their re- of you is hereby notified that you may examine
port. Said board of commissioners shall report to said report and file exceptions to all or any part
the board of supervisors the number of days each thereof on or before the first Monday in
has been employed and the actual expense in- , 19 .
curred. Each commissioner shall be paid$5.00 per
day for his services and necessary expenses in ad- First publication , 19 .
dition thereto. In case the report of said•commis Clerk of the Circuit Court,
sioners shall contain assessments and benefits and
damages to lands not included in the said district, County, Florida.
the board of supervisors shall file in the office of
the clerk of said court a petition praying that the Provided, that where lands in different counties
court grant permission for the extension of the are contained in said report, said notice shall be
boundary lines of said district so as to embrace all published in some newspaper in each county in
lands that will be benefited as shown by the re- which such lands so affected are situated, and it
port of said commissioners. After such petition shall not be necessary to publish a list of all said
has been filed the same shall be proceeded with in lands in each county, but only that part of same
accordance with the provisions of F.S. § 298.07. situated in the respective counties.
(Laws of Fla. ch. 9791 (1923), § 9) (Laws of Fla. ch. 9791 (1923), § 10)
Sec. 262-60. Publication of report; notice.
Sec. 262-61. Hearing; decree.
Upon the filing of the report of the commis-
sioners the clerk of said circuit court shall give The board of drainage commissioners of the Ev-
notice thereof by causing publication to be made erglades Drainage District, the Jaudon Drainage
once a week for two consecutive weeks in some and Improvement District, or any owner of land
newspaper published in each county wherein any or other property to be affected by said report,
portion of the lands embraced in said district is may file exceptions to any part or all of the report
located. The last publication to be made at least of said commissioners within the time specified in
ten days before a rule day of said circuit court to the preceding section.All exceptions shall be heard
be named in such notice on which exceptions may and determined by the court in a summary manner
be filed. It shall not be necessary for the clerk to so as to carry out liberally the purposes and needs
name the parties interested but it shall be suffi of the said drainage and improvement district. If
cient to sa any exceptions are filed,or if it is shown upon the
y hearing of all of said exceptions, that the esti-
Notice of Filing of Commissioners' Report for mated cost of construction of improvements con
Jaudon Drainage and Improvement District templated in the plan of reclamation and improve
ment is less than the benefits assessed against
Notice is hereby given to all persons interested the lands in said district, the court shall approve
in the following described land and property in and confirm the report of said commissioners. But
County(or Counties)in the if the court upon the objections filed finds that
State of Florida, viz: (here describe land and any or all such objections should be sustained it
property),included within Jaudon Drainage and shall order the report changed to conform with
Improvement District, that the Commissioners such findings,and when so changed the court shall
heretofore appointed to assess benefits and dam- approve and confirm such report and enter its de-
ages to the property and lands situated in said cree accordingly. The court shall adjust and ap-
drainage district,and to appraise the cash value portion the cost incurred by the filing of such ex- —�
of the land necessary to be taken for rights-of- ceptions, and shall condemn any land or other
way,holding basins and other works of said dis- property within or without the boundary lines of
SA262:14
SPECIAL DISTRICTS § 262-62
the district if shown by the report of the commis- affecting land in each county to the clerk of the
sioners to be deeded for rights-of-way, holding ba- circuit court of each county wherein any lands in
sins and other works, or that may be needed for the said district are located, or affected by the
material to be used in constructing said works, said report, where the same shall be filed and
following as near as possible the procedure that is become a permanent record, and each such clerk
now provided for by law for the appropriation of shall receive a fee of $1.00 for receiving, filing
land and other property taken for railroads. Pro- and preserving the same.
vided, however, that any property owner may ac- (Laws of Fla. ch. 9791 (1923), § 11)
cept the assessment of damages in his favor made
by the commissioners,or acquiesce in their failure
to assess damages in his favor, and shall be con Sec. 262-62. Construction.
strued and held to have done so, unless he gives The board of supervisors of said district shall
the supervisors of the district on or before the have full power and authority to build, construct,
time shall have expired for filing exceptions, as excavate and complete any and all works and im-
hereinbefore provided, notice in writing that he provements which may be needed to carry out,
demands an assessment of his damages by a jury; maintain and protect the plan of reclamation and
in which event the supervisors of the district shall improvement. To accomplish that end the said
institute in the circuit court of the proper county board of supervisors are hereby authorized and
an action to condemn the lands and other prop empowered to employ men and teams and to pur-
erty that must be taken or damaged in the making chase machinery,employ men to operate the same,
of such improvements with the right and privi and directly have charge of and construct the
lege of paying into court a sum to be fixed by the works and improvements in such manner, or by
circuit court, or judge, and proceeding with the the use of other or more efficient means than pro-
work before the assessment by the jury.Provided, vided for in the plans adopted. They may in their
any person or party interested may within 20 days discretion let the contract for such works and im-
after the rendition of final judgment by said cir provements either in a whole or in sections, and
cuit court prosecute an appeal to the supreme when such contract or contracts are let they shall
court, and upon such appeal there may be deter be advertised and let to the lowest and best bidder,
mined either or both of the following questions: who shall give a good and approved bond, with
First, whether just compensation has been al ample security, conditioned that he will well and
lowed for property appropriated; and, Second, promptly carry out the contract for such work and
whether proper damages have been allowed for improvements,which contract shall be in writing
property prejudicially affected by the improve and to which shall be attached, and made a part
ments to be made; Provided, that if it shall be thereof, complete plans and specifications of the
ascertained and determined that any tract or lot work to be done and improvements to be made
of land or parts thereof upon which the uniform under such contract, which plans and specifica-
tax authorized and levied as provided in section tions shall be prepared by the chief engineers and
262-54 has been paid, will not be benefited by or shall be incorporated in and attached to the con-
receive any benefit from the completion of the plan tract, which contract shall be prepared by the at
of reclamation and improvement, then the uni torney for the district and approved by the board
form tax so paid upon such tract or lot of land, or of supervisors and signed by its president and the
parts thereof, shall be refunded and paid to the contractor, and executed in duplicate. The chief
person paying the same. engineer shall be the superintendent of all the
The clerk of said circuit court shall transmit a works and improvements, and shall, at least once
certified copy of the court's decree and copy of the each year, and whenever required by the board of
commissioner's report as confirmed or amended supervisors, make a full report to said board of all
by the court to the secretary of the board of su- work done and improvements made, and make
pervisors of the district, and the clerk of said cir- such suggestions and recommendations to the
cuit court shall also transmit a certified copy of board as he may deem proper.
the said decree and of that part of the said report (Laws of Fla. ch. 9791 (1923), § 12)
SA262:15
§262-63 COLLIER COUNTY CODE
Sec. 262.63. Tax levy. lected, which said annual installment and levy
After the list of lands, with the assessed bene shall be evidenced and certified by the said board
fits and the decree and judgment of the court,have not later than November 1 of each year to the
been filed in the office of the clerk of the circuit collector of each county in which lands and other
court as provided in section 262 61,then the board property of said district are situated. The certifi-
of supervisors shall without any unnecessary delay cate of said installment tax shall be in substan
levy a tax of such portion of said benefits on all tially the following form:
lands in the district to which benefits have been STATE OF FLORIDA, )
assessed as may be found necessary by the board
of supervisors to pay the cost of the completion of COUNTY OF
the proposed works and improvements as shown
in said plan of reclamation and improvement,and This is to certify that by virtue and authority
in carrying out the objects of said district, and in of the provisions of the Act of the Legislature of
addition thereto ten percent of said total amount the State of Florida, entitled, An Act Creating
for emergencies.The said tax shall be apportioned the Jaudon Drainage and Improvement Dis-
to and levied on each tract of land in said district trict,Defining and Establishing its Boundaries,
in proportion to the benefits assessed and not in etc.,which was enacted at the regular session of
excess thereof, and in case bonds are issued as 1923, of the Legislature of the State of Florida,
hereinafter provided, then the amount of the in- the Board of Supervisors of Jaudon Drainage
terest (as estimated by said board of supervisors) and Improvement District of Florida have and
which will accrue on such bonds shall be included do hereby levy the sum of$ as the an-
and added to the said tax, but the interest to ac- nual installment of tax for the year 19_of the
crue on account of the issuing of said bonds shall total tax levied under the provisions of section
not be construed as a part of the cost of construc- 13 of said Act, which said total tax has hereto-
tion in determining whether or not the expenses fore been certified to the Clerk of the Circuit
and costs of making said improvements are or are Court of your County; and said Board of Super-
not equal to or in excess of the benefits assessed. visors of said Drainage District by and with the
The secretary of the board of supervisors, as soon authority conferred by section 37 of the same
as said total tax is levied, shall, at the expense of Act, has levied also the sum of$ as a
the district, prepare a list of all taxes levied, in maintenance tax for said year; said annual in-
the form of a well bound book,which book shall be stallment of tax and maintenance tax on the
endorsed and named Drainage Tax Record of lands situated in your County are set out in the
Jaudon Drainage and Improvement District, following table, in which are: First, the names
County, Florida, which en- of the owners of said land as they appeared in
dorsement shall be printed or written at the top of the report of the commissioners appointed to
each page in said book, and shall be signed and assess the benefits and damages to the lands in
certified by the president and secretary of the said district as confirmed by the decree of the
board of supervisors, attested by the seal of the Court; Second, the description of said lands op-
district, and the same shall thereafter become a posite the names of said owners; Third, the
permanent record in the office of said secretary. amount of said installment of tax levied on each
(Laws of Fla. ch. 9791 (1923), § 13) tract of lands; and, Fourth, the said amount of
maintenance tax levied against the same.
Sec. 262-64. Annual levy.
The said taxes shall be collectible and pay-
The said board of supervisors shall each year able the present year at the same time that
thereafter determine, order and levy the amount State and County taxes are due and collected
of the annual installments of the total taxes levied and you are directed and ordered to demand
under the preceding section, which shall become and collect the said taxes at the same time you —�
due and collected during said year at the same demand and collect the State and County taxes
time that state and county taxes are due and col- due on the same lands, and this "Drainage Tax
SA262:16
SPECIAL DISTRICTS § 262-65
Book" shall be your warrant and authority for collect the tax therein set out, and to exercise all
making such demand and collection. due diligence in so doing. He is further directed
Witness the signature of the President of the and ordered to demand and collect such taxes at
said Board of Supervisors, attested by the seal the same time that he demands and collects state
of said District, and the signature of the secre and county taxes due on the same lands. Where
tary of said Board, this day of any tract or part thereof has been divided and
, A.D. 19 . sold or transferred,the collector shall receive taxes
on any part of any tract, piece or parcel of land,
(Seal) charged with such taxes and give his receipt ac-
President of District. cordingly. The above and foregoing Drainage Tax
Book shall be the warrant and authority of the
Secretary of District. collector for making such demand and collection.
The said collector shall make due return of all
Then shall follow a table or schedule showing Drainage Tax Books immediately after the first
in properly ruled columns,First, the names of the Monday in April of each year to the secretary of
owners of said land as they appeared in the report the board of supervisors of the aforesaid drainage
of the commissioners appointed to assess the ben- district, and shall pay over and account for all
efits and damages to the lands in said district as moneys collected thereon each year to the trea-
confirmed by the decree of the circuit court; surer of said district at the same time that he
Second, the description of the said lands opposite pays over state and county taxes. Said collector
the names of the said owners; Third, the amount shall in said Drainage Tax Book verify by affi-
of said annual installment tax levied on each tract davit his said return.The said secretary shall each
of land; Fourth, the amount of maintenance tax; year, within ten days after the return of said col-
s\-- Fifth, a blank column in which the collector shall lector is delivered to him, prepare and certify to
record the several amounts as collected by him; said collector a Drainage Back Tax Book con
Sixth, a blank column in which the collector shall taining the list of lands so returned by said col-
record the date of payment of the different sums; lector as delinquent, deliver the same to him and
Seventh, a blank column in which the collector take his receipt therefor, and said collector shall
shall record the names of the person or persons proceed to collect such delinquent drainage taxes
paying the several amounts.The columns in which and demand payment therefor in the manner as
the annual installment tax and the maintenance herein provided for the collection of current
tax, if any, appear shall be correctly totaled and
the total amount shall correspond to the amount drainage taxes. Before receiving the aforesaid
set out in the above mentioned certificate. The Drainage Tax Book the collector of county in which
said certificate and table shall be prepared in the lands of the drainage district are located, shall
form of a well bound book, which shall be en- execute to the board of supervisors of the district
dorsed and named, Drainage Tax Book, Jaudon a bond, with at least two good and sufficient sure
Drainage and Improvement District ties,or some surety or bonding company approved
County, Florida, for the year by said board, in a sum that is double the prob-
19 ; which endorsement shall also be printed able amount of any annual installment of said tax
at the top of each page in said book. to be collected by him during any one year, con-
(Laws of Fla. ch. 9791 (1923), § 14) ditioned that said collector shall pay over and ac-
count for all taxes so collected by him according to
Sec. 262-65. Collection of taxes. law. Said bond after being approved by said board
of supervisors shall be deposited with the secre-
It shall be the duty of the collector of each county tary of the board of supervisors, who shall be cus-
in which lands of said drainage and improvement todian thereof and who shall produce same for
district are situated, to receive the Drainage Tax inspection and to use as evident whenever and
Book each year, and he is hereby empowered, and wherever lawfully requested so to do.
it shall be his duty, to promptly and faithfully (Laws of Fla. ch. 9791 (1923), § 15)
SA262:17
§ 262-66 COLLIER COUNTY CODE
Sec. 262.66. Delinquent taxes. or districts first established,as well as the lien for
state and county taxes, and the certificate as-
All taxes provided for in this article remaining serting such lien shall so state. Such lien shall be
unpaid after the first Monday in April of the year evidenced by a certificate substantially in the fol-
for which said taxes were levied shall become de- lowing form, to-wit:
linquent and bear a penalty of two percent per
month on the amount of said taxes from date of STATE OF FLORIDA, )
delinquency until paid.In computing said penalty COUNTY OF
each fractional part of a month shall be counted
as a full month. To , Clerk of the Circuit
(Laws of Fla. ch. 9791 (1923), § 16)
Court of said county.
Sec. 262-67. Penalty on delinquent taxes. This is to certify that by virtue and authority
of the provisions of An Act of the Legislature
If any county collector refuses, fails or neglects entitled,An Act Creating the Jaudon Drainage
to make prompt payment of the tax, or any part and Improvement District, etc., as enacted by
thereof, collected under this article to the afore- the Legislature of Florida at its regular session
said treasurer, then he shall pay a penalty of ten of 1923, the Board of Supervisors of Jaudon
percent on the amount of his delinquency; such Drainage and Improvement District, in which
penalty shall at once become due and payable and are situated lands in the counties of
both he and his sureties shall be liable therefor on in the State of Florida,have
his aforesaid bond. The said collector shall retain and do hereby certify the tax authorized by the
for his services one percent on the amount he col- said Act, which tax and the land against which
lects on current taxes, and two percent of the
the same is levied in your county, are described
amount he collects on delinquent taxes. in the following table, in which table are: First,
(Laws of Fla. ch. 9791 (1923), § 17) the names of the owners of said lands as they
appear in the report of the Commissioners as
Sec. 262-68. Declaration of lien. confirmed by decree of the Circuit Court ap-
pointing said Commissioners; second, the de-
All drainage taxes provided for in this article, scriptions of the land opposite the names of said
together with all penalties for default in payment owners; and third, the amount of said taxes
of the same, all costs in collecting the same, in- levied on each tract of land. (Here insert such
eluding a reasonable attorney's fee fixed by the table.) The said tax shall be payable in annual
court and taxed as costs in the action brought to installments, the amount of each installment
enforce payment, shall, from the date of assess- as well as the amount of the maintenance tax
ment thereof until paid,constitute a lien,to which will be determined and certified to the county
only the lien of the state for general state,county, collector of your county not later than November
school and road taxes shall be paramount, upon 1 of each year.The aforesaid tax and such main-
all the lands against which such taxes shall be tenance taxes as may be levied from time to
levied as is provided in this article. Provided,that time are hereby declared a lien to which only
if any lands embraced in and forming a part of the lien of the State for general State, county,
any drainage district established prior• to the school and road taxes shall be paramount upon
drainage and improvement district hereby cre- all land herein and heretofore described.
ated are included in the boundaries of this district
the lien for taxes assessed or levied for the pur Witness the signature of the president of said
poses of this district hereby created,with the pen Board of Supervisors attested by the seal of said
alties for default in the payment thereof and all district and the signature of the Secretary of --�
costs incurred,shall be subject to the prior lien for
drainage taxes assessed or levied for the district
SA262:18
SPECIAL DISTRICTS § 262-69
said Board this day of , deed or deeds to the purchaser or purchasers for
A.D. 19._. the property sold. All deeds executed and deliv-
ered pursuant to this article shall have the same
probative force as deeds executed under judgment
President. and decrees in other civil actions.
(Seal) In case said district shall fail to commence suit
within 90 days after the taxes have become delin-
Attest: quent, the holder of any bond or bonds issued by
Secretary. the district shall have the right to bring suit for
The certificate and tables specified in this sec- the collection of the delinquent taxes, in which
tion shall be prepared in a well-bound book and event said district shall be included as a defen-
filed in the office of each of the clerks of the circuit dant, and the proceedings in such suit brought by
courts of the counties having lands in said district any bond holder shall in all respects be governed
as the same may affect the land in his county, by the provisions applicable to suits by the said
where the same shall become a permanent record district. All suits for the enforcement of the lien
of the office. The said book or books shall be pre- on lands for such delinquent taxes, whether by
pared by the secretary of the board of supervisors the district or a bond holder, shall be in chancery,
at the expense of the drainage and improvement and said proceedings,and any judgment or decree
district, shall be designated as the Drainage Tax that may be rendered therein, shall be in the na-
Record and each clerk shall receive a fee of$1.00 ture of proceedings in rem, and it shall not be
for filing said book and preserving the same. material that the ownership of said lands be cor-
(Laws of Fla. ch. 9791 (1923), § 18) rectlngs, and the judg-
ment or d y alleeree re ed in der d shalsaid l be enforced wholly
Sec. 262-69. Enforcement of liens. against such lands.
\--
The Drainage Tax Book of the district, as re-
All or any part of said delinquent lands situate
turned by the collector to the secretary of the board in one county may be included in one suit for said
of supervisors of the drainage district, shall be county, instituted for the collection of said delin-
prima facie evidence in all courts of all matters quent taxes; and notice of the pendency of such
therein contained. The liens established and de- suit shall be given by publication once each week
Glared in the preceding sections may and shall be for four consecutive weeks before judgment is en-
enforced by an action on delinquent tax bills,made tered for the sale of said lands in some newspaper
and certified by the county collector, which shall published in the county where such suits may be
be instituted in the circuit court without regard to pending, which notice may be in the following
the amount of the claim within 12 months after form:
the date same becomes delinquent. The suit shall
be brought in the corporate name of the district NOTICE
by its attorney against the land or lands on which In the Circuit Court of
such drainage tax has not been paid. The suit County, Florida,
shall be brought in the county in which the prop-
ertyPlaintiff,
is situated,except when the tract or property
sued upon be in more than one county, in which vs.
event the suit may be brought on the whole tract , Defendants.
in any county in which any portion thereof may Notice is hereby given to all persons having
be situated. The pleadings, process, proceedings,
practice and sales, in cases arising under this ar- or claiming interest in the following described
tide,shall,except as herein provided,be the same lands that suit is pending in the Circuit Court
as in an action for the enforcement of other liens of County,Florida,in chan-
or mortgages upon real estate. All sales of lands cery,to enforce the collection of certain drainage
made under this section shall be by a commis- taxes on the following described list of lands
\—.- sioner appointed by the court, who shall execute situated in Jaudon Drainage and Improvement
SA262:19
§ 262-69 COLLIER COUNTY CODE
District in said County, the name or names of tions, unless a continuance be granted for good
the owners so far as known having been set cause shown within the discretion of the court;
opposite the lands owned by them,together with and such continuance, for good cause shown, may
the amounts severally due from each, to-wit: be granted as to a part of said lands or defendants
(Here follows a list of owners so far as can be without affecting the duty of the court to dispose
ascertained with a descriptive list of said delin- finally of the others as to whom no continuance
quent lands and amounts due thereon maybe granted; and in all cases where no answer
respectively.) has been filed on or before the time for filing same
as stated in said notice, said notice having been
Any and all persons and corporations inter- published as required by the preceding section, or
ested in said lands or any part thereof are hereby if answer is filed and the cause shall be decided
notified that they are required by law to appear for plaintiff,the court by its decree shall grant the
on or before the first rule day of said court after relief prayed for; and it shall direct a commis-
this notice has been published four weeks, and sioner of the court to sell the lands described in
make defense to said suit or the same will be the bill or petition to the highest and best bidder,
taken for confessed, and final judgment and de- for cash in hand at public outcry, at the court
cree will be entered directing the sale of all or house door of the county wherein the suit is
any part of said lands for the purpose of col- pending, after having first advertised such sale
lecting said taxes,together with the payment of (such advertisement may include all the lands de-
interest, penalty and cost allowed by law, in- scribed in the decree and ordered sold), once each
cluding a reasonable attorney fee. week for two consecutive weeks in some news-
First publication , 19 . paper published in the county; and if all the lands
so advertised for sale be not sold on the day as '1
advertised, such sale shall continue from day to
Clerk of the Circuit Court. day until completed;and said collector or commis-
sioner shall by proper deeds convey to the pur-
County, Fla. chaser or purchasers the lands so sold, and the
The title acquired through any sale of lands title to said land shall thereupon become vested
under the aforesaid proceedings shall be subject in such purchaser as against all others whomso-
to the lien of all subsequent annual installments ever, subject, however, to the liens for all subse-
of drainage tax. In all suits for the collection of quent annual installments of drainage tax, and
delinquent taxes, the judgment for said delin- saving to infants and insane persons having no
quent taxes and penalty shall also include all costs guardian or curator the rights they now have by
of suit and a reasonable attorney's fee to be fixed law;provided,any land owner shall have the right
by the court, recoverable the same as the delin- to redeem any and all lands sold at such sale
quent tax in the same suit. The proceeds of sale within one year after the day when the lands are
made under and by virtue of this article shall be offered for sale.
paid at once to the treasurer of said district, and Provided, all such suits may be disposed of on
shall be accounted for by him the same as the oral testimony,and this law shall be liberally con-
drainage taxes;any surplus that may remain after strued so as to give to said lien for said drainage
payment of said delinquent taxes,penalties, costs tax the effect of a bona fide mortgage for a valu-
and attorney fees, shall be paid over to or held able consideration, and a first lien upon all said
subject to the order of the defendants, or as may lands as against all persons having an interest
be ordered in the judgment or decree of sale. therein. In such suits it shall be sufficient to al-
(Laws of Fla. ch. 9791 (1923), § 19) lege generally and briefly the organization of the
district,and the levy,and nonpayment of the taxes,
Sec. 262-70. Trial, execution. setting forth the descriptions of the lands pro-
ceeded against,and the amount chargeable to each --�
All suits instituted under the preceding sec- tract. Provided, that no informality or irregu-
tions shall stand for trial as other equitable ac- larity in holding any of the meetings provided
SA262:20
SPECIAL DISTRICTS § 262-71
herein,or valuation or assessment of the lands,or sureties, or by some surety or bonding company,
in the name of the owner, or the number of acres approved and accepted by said board of supervi-
therein shall be a valid defense. sors, and said bond shall be in addition to the
bond for proceeds of sales of bonds, which is re
Provided, further, that in any case where the
lands are offered for sale by such commissioner as quired by a subsequent section of this article. Said
provided by this Act, and the sum of the tax due, bond shall be placed and remain in the custody of
together with interest, costs and penalty, is not the president of the board of supervisors,and shall
bid for the same, it shall be the duty of said corn- be kept separate from all papers in the custody of
missioner making such sale to bid the whole the secretary or treasurer. Said treasurer shall
amount due thereon as aforesaid in the name of keep all funds received by him from any source
the district, and shall sell same to such district; whatever deposited at all times in some bank,
and shall execute his deed therefor, conveying to banks, or trust company to be designated by the
such district such lands so sold to it which said board of supervisors.All interest accruing on such
lands may be held and disposed of by the board of funds shall, when paid,be credited to the district.
supervisors as the interests of said district may It shall be the duty of the board of supervisors to
demand. Provided, that in all judgments, decrees audit or have audited the books of the said trea-
and orders of sale of such delinquent lands the surer of said district at least once a year and make
court shall make proper and equitable provisions report thereof to the land owners at the annual
for ascertaining the amount, and for the payment meeting and publish a statement within 30 days
of all unpaid state and county taxes with the pen- thereafter,showing the amount of money received,
alties and costs thereon, against the lands or- the amount paid out during such year, and the
dered sold, to be paid either out of the proceeds of amount in the treasury at the beginning and end
sale thereof or by the purchaser or purchasers. of the year. The aforesaid treasurer of the district
(Laws of Fla. ch. 9791 (1923), § 20) shall pay out funds of the district only on war-
rants issued by the district, said warrants to be
Sec. 262-71. Duties of treasurer. signed by the president of the board of supervisors
The treasurer of such district shall receive and and attested by the signature of the secretary.All
receipt for all the drainage taxes collected by the w rants shall be in the following form:
county collector or collectors, and he shall also
receive and receipt for the proceeds of all tax sales $ Fund No.of War-
made under the provisions of this article. Said rant Treasurer of Jaudon Drainage
treasurer shall receive such compensation as may and Improvement District, State of Florida.
be fixed by the board of supervisors. Said board of
supervisors shall furnish the secretary, and the Pay to the sum of
treasurer with necessary office room, furniture, dollars out of the money in
stationery, maps, plats, typewriter and postage. fund of drainage district.
The secretary,and the treasurer,or either of them,
may appoint, by and with the advice and consent For
of the board of supervisors, one or more deputies
as may be necessary. Said treasurer shall give By order of Board of Supervisors of Jaudon
bond in such amount as shall be fixed by the board Drainage and Improvement District, Florida.
of supervisors, conditioned for the faithful perfor-
mance of his duties and that he will well and truly
account for and pay out, as provided by law, all President of District.
moneys received by him as taxes from the county Attest:
collector or collectors, and the proceeds from tax
sales for delinquent taxes, and from any other
source whatever on account or claim of said dis- Secretary of District.
trict, which bond shall be signed by at least two (Laws of Fla. ch. 9791 (1923), § 21)
SA262:21
§ 262-72 COLLIER COUNTY CODE
Sec. 262.72. Construction,maintenance of ca- demned by the court on the report of the commis-
nals, other waterways. sioners assessing benefits and damages, and shall
In order to effect the drainage, protection and follow the procedure that is now provided by law
reclamation and improvement of the land in the for the appropriation of land or other property
district subject to tax the board of supervisors is taken for railroad rights-of-way in case of condem
authorized and empowered to clean out, nation.
straighten, open up, widen, or change the course (Laws of Fla. ch. 9791 (1923), § 22)
and flow, alter or redeem any canal, ditch, drain,
river, watercourse or natural stream; and to con Sec. 262-73. Attorney.
centrate, divert or divide the flow of water in or
out of said district;to construct and maintain main The board of supervisors shall employ an at-
and lateral ditches, canals, levees, dikes, dams, torney to act for the district and to advise said
locks, sluices, revetments, reservoirs, holding ba- board. Such employment shall be evidenced by an
sins, floodways, pumping stations, syphons and agreement in writing, which, as far as possible,
roads and highways, and may connect same or shall specify the exact amount to be paid to said
any of them with any canals, drains, ditches, attorney for all services and expenses. Such at-
levees, roads, highways, or other works that may torney shall conduct all legal proceedings and suits
have been heretofore, or which may be hereafter in court where the district is a party or interested,
constructed by the trustees of the internal im- and shall in all legal matters advise the said board
provement fund,or the board of drainage commis- of supervisors, all officers, employees or agents of
sioners of the state,or other corporation,public or said district and board, and generally look after
private, and with any natural stream,lake or wa- and attend to all matters of a legal nature for said —�
tercourse in or adjacent to said district, and to board and district.When the said board may deem
build and construct any other works and improve- it necessary, they may, by and with the advice of
ments deemed necessary to preserve and main- said attorney, and under the like terms and con-
tain the works in or out of said district; to con- ditions as above set forth, employ another at-
struct or enlarge or cause to be constructed or torney or attorneys.
enlarged any and all bridges that may be needed (Laws of Fla. ch. 9791 (1923), § 23)
in or out of said district, across any drain, ditch,
canal, floodway,holding basin, excavation,public
highway, railroad right-of-way, track, grade, fill Sec. 262-74. Records.
or cut; to construct roadways over levees and em-
bankments;to construct any and all of said works The board of supervisors shall cause to be kept
and improvements across, through or over any a well bound book, entitled Record of Board of
public highway, railroad right-of-way, track, Supervisors of Jaudon Drainage and Improve-
grade, fill or cut, in or out of said district; to re- ment District,in which shall be recorded minutes
move any fence, building or other improvements of all meetings, proceedings, certificates, bonds
in or out of said district; and shall have the right given by all employees and any and all corporate
to hold, control and acquire by donation or pur- acts, which record or records shall at all times be
chase, and, if need be, condemn any land, ease- open to the inspection of anyone interested,
ment, railroad right-of-way, sluice, reservoir, whether taxpayer or bond holder.
holding basin, or franchise in or out of said dis- (Laws of Fla. ch. 9791 (1923), § 24)
trict for right-of-way, holding basin, or for any of
the purposes herein provided,or for material to be
used in constructing and maintaining said works Sec. 262-75. Entry onto property restricted.
and improvements for drainage, protecting and
reclaiming the lands in said district.Said board of The board of supervisors of said district shall
supervisors shall also have the right to condemn not have the right to enter upon or appropriate —�
for the use of the district any land or property any land for rights-of-way,holding basins,or other
within or without said district not acquired or con- works of the said district,until the prices awarded
SA262:22
SPECIAL DISTRICTS § 262-78
to the owners of such land shall have been paid to costs shall be collected by said board of supervi-
such owners, or into the hands of the clerks of the sors from said corporation,by suit therefor if nec-
circuit courts for the use of such owners;and if the essary. But before said board of supervisors shall
sums awarded be not so paid within five years let such work, it shall give some agent or officer of
from the date of filing the commissioner's reports, said corporation, now authorized by the laws of
all proceedings as to the taking of such property this state to accept service of summons or upon
for rights-of-way, holding basins and other works whom service of summons for said corporation
not so paid for shall abate at the cost of said dis- might be made, at least 20 days' actual notice of
trict. Whenever any land is acquired by said dis- the time and place of letting such work.Any owner
trict under the provisions of this Act and the price of land within or without the district may, at his
of such property has been paid the owner by the own expense, and in compliance with the terms
district, the title, use, possession and enjoyment and provisions of this article construct a bridge
of such property shall pass from the owner and be across any drain, ditch, canal or excavation in or
vested in the district,and subject to its use,profit, out of said district. Said district shall have full
employment and final disposition. The price authority to construct and maintain any ditch or
awarded for all lands acquired by any district for lateral provided in its plan of reclamation and
rights of way, holding basins, or other works, and improvement, across any of the public highways
the amount of damages assessed by the board of of this state, without proceedings for the condem-
commissioners and confirmed by the court to any nation of the same, or being liable for damages
tract or parcel of land or other property in the therefor. Within ten days after a dredge boat or
district,shall be paid in cash to the owner thereof, any other excavating machine shall have com-
or to the clerk of the court for the use of such pleted a ditch across any public highway,a bridge
owner, and that portion of any tract or parcel of shall be constructed and maintained over such
land not taken for use of the district shall be as- drainage ditch where the same crosses such
sessed for the benefits accruing in accordance with highway; provided, however, the word corpora-
the provisions of previous sections of this article. tion as used in this section shall not apply to coun-
(Laws of Fla. ch. 9791 (1923), § 25) ties.
(Laws of Fla. ch. 9791 (1923), § 26)
Sec. 262-76. Bridges. Sec. 262-77. Warrants, interest.
All bridges contemplated by this article and all Any warrant issued under this article that is
enlargements of bridges already in existence shall not paid when presented to the treasurer of the
be built and enlarged according to and in compli- district, because of lack of funds in the treasury,
ance with the plans,specifications and orders made such fact shall be endorsed on the back of such
or approved by the chief engineer of the district.If warrant; and such warrant shall draw interest
any such bridge shall belong to any corporation, thereafter at the rate of six percent per annum,
or be needed over a public highway or right of until such time as there is money on hand to pay
way of any corporation,the secretary of said board the amount of such warrant and the interest then
of supervisors shall give such corporation notice accumulated, but no interest shall be allowed on
by delivering to its agent or officer, in any county warrants after notice to the holder or holders
wherein said district is situate,a copy of the order thereof that sufficient funds are in the treasury to
of the board of supervisors of said district de- pay said endorsed warrants and interest.
Glaring the necessity for the construction or en- (Laws of Fla. ch. 9791 (1923), § 27)
largement of said bridge.A failure to construct or
enlarge such bridge within the time specified in Sec. 262.78. Surety bonds.
such order shall be taken as a refusal to do said
work by said corporation, and thereupon the said The sureties required on any or all bonds re-
board of supervisors shall proceed to let the work quired to be given by this article may be a surety
of constructing or enlarging the same at the ex- or bonding company approved by the board of su-
pense of the corporation for the cost thereof,which pervisors and shall be made payable to the dis-
SA262:23
§ 262-78 COLLIER COUNTY CODE
trict by its corporate name, in which name all respects as in case of the original parties being in
suits shall be instituted and prosecuted. All pen- court.
alties herein shall be payable to and recoverable (Laws of Fla. ch. 9791 (1923), § 30)
by said district. All bonds required by this article
shall cover defaults of deputies, clerks or assis- Sec. 262-81. Effect of appeals.
tants of the officers appointing them.
(Laws of Fla. ch. 9791 (1923), § 28) No appeal from any action of the circuit court
had under this article shall be permitted to act as
supersedeas or to delay any action or the prose-
Sec. 262-79. Change of venue. cution of any work begun under the provisions of
this law.
No change of venue shall be allowed in any of (Laws of Fla. ch. 9791 (1923), § 31)
the proceedings had under the provisions of this
article, except where the judge of the court in Sec. 262-82. Dissolution, increased taxation.
which the petition has been filed shall be disqual-
ified for any of the reasons stated in the statute of If after determining the objections made to the
this state relating to the change of venue in civil commissioners' report, the court shall find that
cases. If the judge of such court is disqualified, or the estimated costs of works and improvements as
is charged by any person interested in the forma- reported by the board of commissioners, or as
tion of said district with being disqualified for any amended by the court, exceed the estimated ben-
reasons stated in the statutes, it shall be the duty efits, the court shall then render its decree, de-
of said judge to request that a judge from some daring the incorporation of the district to be dis-
other judicial circuit of this state be assigned to solved as soon as all costs incurred which shall .--�
sit and hear the proceedings and render his de- include court costs and all obligations and ex-
cree and judgment the same as the regular judge penses incurred in behalf of the district by the
could have done. Such judge shall retain jurisdic- board of supervisors shall have been paid, and if
tion in such reclamation proceedings only until the uniform tax levied under the provisions of sec-
the disqualification of the regular judge of the tion 262-54 be found insufficient to pay all such
circuit court shall have been removed. costs the board of supervisors shall make such
(Laws of Fla. ch. 9791 (1923), § 29) additional uniform tax levies as will be necessary
to pay such deficiency;provided,that in estimating
the cost of constructing the works and improve-
Sec. 262-80. Abatement of actions by death, ments of the district the amount of interest that
disability. might accrue upon bonds that may be issued by
the board of supervisors under the provisions of
No action under this article shall abate by this article shall not be considered as a part of the
reason of the death or disability of any party to cost of construction.
any proceeding,but upon suggestion of such death (Laws of Fla. ch. 9791 (1923), § 32)
or disability the cause shall be immediately re-
vived in the name of the heirs, devisees, or their Sec. 262-83. Compensation of personnel.
legal representatives, and summons shall be
served on such heirs, devisees or legal represen- The board of supervisors, except where other-
tatives at least five days before the day set for wise provided,shall by resolution,at time of hiring
hearing the cause, and said summons may be or appointing, provide for the compensation for
served in vacation or term time; if the heirs, de- work done and necessary expense incurred by any
visees or legal representatives of the deceased officer, engineer, attorney or other employee and
party are nonresidents,notice shall be given them shall also pay the fees, per diem and necessary
by publication once a week for four consecutive expense of all court and county officers who may
weeks in some newspaper published in each county by virtue of this article render service to said dis-
in which the lands described in the petition are trict.It is understood that the ordinary fee statute
situate, and the cause shall then proceed in all does not apply to services rendered under this ar-
SA262:24
SPECIAL DISTRICTS § 262.86
ticle by any county officer, but each officer shall inations of not less than$100.00,bearing interest
receive only a reasonable compensation for ser- from date at a rate not to exceed six percent per
vices actually rendered, the same to be fixed by annum, payable semiannually, to mature at an-
the court in which the proceeding is pending, ex- nual intervals within 30 years, commencing after
cept where otherwise provided in this article;that a period of years not later than ten years, to be
said drainage district may prepare, write or print determined by the board of supervisors,both prin-
all copies of petitions, writs, orders and decrees or cipal and interest payable at some convenient
other papers, and furnish same to the clerk or banking house or trust company's office to be
other officer for his use, and in such event said named in said bonds, which said bonds shall be
officer shall be entitled to receive as compensa- signed by the president of the board of supervisors
tion for issuing the said writs and copies of peti- attested with the seal of said district and by the
tions, decrees, orders or other papers, only the signature of the secretary of the said board.All of
reasonable value of the services actually rendered. said bonds shall be executed and delivered to the
(Laws of Fla. ch. 9791 (1923), § 33) treasurer of said district, who shall sell the same
in such quantities and at such dates as the board
Sec. 262-84. "Owner" defined. of supervisors may deem necessary to meet the
The word "owner" as used in this article shall payments for the works and improvements in the
district. Said bonds shall not be sold for less than
mean the owner of the freehold estate, as appears
by the deed record, and it shall not include rever $0.95 on the dollar, with accrued interest, shall
sinners, remaindermen trustees or mortgagees, show on their face the purpose for which they are
who shall not be counted and need not be notified issued, and shall be payable out of money derived
by publication, or served by process, but shall be from the aforesaid taxes. A sufficient amount of
represented by the present owners of the freehold the drainage tax shall be appropriated by the
estate in any proceeding under this article. board of supervisors for the purpose of paying the
(Laws of Fla. ch. 9791 (1923), § 34) principal and interest of the said bonds and the
same shall, when collected,be preserved in a sep-
arate fund for that purpose and no other.All bonds
Sec. 262-85. Overseers. and coupons not paid at maturity shall bear in-
For the purpose of preserving any ditch, drain, terest at the rate of six percent per annum from
dyke, levee or other work constructed or erected maturity until paid, or until sufficient funds have
under the provisions of this article, the board of been deposited at the place of payment, and the
supervisors shall have power to appoint an over- said interest shall be appropriated by the board of
seer or overseers of the district, who shall hold supervisors out of the penalties and interest col-
their positions at the will of the board. It shall be lected on delinquent taxes or any other available
the duty of such overseer or overseers to keep the funds of the district. Any expense incurred in
canals, ditches, drains, levees, dykes and other paying said bonds and interest thereon and a rea-
works of the district in good repair, and remove sonable compensation to the bank or trust corn-
all obstructions from canals, ditches, drains, or pany for paying same, shall be paid out of other
watercourses, within or without said district that funds in the hands of the treasurer and collected
may affect the works of the district and to perform for the purpose of meeting the expenses of admin-
such other duties as may be prescribed by said istration. It shall be the duty of said board of su-
supervisors. pervisors in making the annual tax levy, as here-
(Laws of Fla. ch. 9791 (1923), § 35) tofore provided,to take into account the maturing
bonds and interest on all bonds, and to make pro-
Sec. 262.86. Issuance of bonds. vision in advance for the payment thereof. In case
the proceeds of the original tax levy made under
The board of supervisors may, if in their judg- the provisions of section 262-63 are not sufficient
ment it seems best, issue bonds not to exceed 90 to pay the principal and interest on all bonds is-
percent of the total amount of the taxes levied sued, then the board of supervisors shall make
under the provisions of section 262-63, in denom- such additional levy or levies upon benefits as-
SA262:25
§ 262-86 COLLIER COUNTY CODE
sessed as are necessary for this purpose,and under until such fund is exhausted or transferred to the
no circumstances shall any tax levy be made that treasurer by order of the said board of supervi-
will in any manner or to any extent impair the sors.The funds derived from the sale of said bonds
security of said bonds or the fund available for the or any of them shall be used for the purpose of
payment of the principal and interest of the same. paying the cost of the drainage works, road con-
Said treasurer shall, at the time of the receipt by struction and other improvements and such costs,
him of said bonds, execute and deliver to the pres- expenses, fees and salaries as may be authorized
ident of the board of the said district, a bond with by law and used for no other purpose.
good and sufficient sureties to be approved by the (Laws of Fla. ch. 9791 (1923), § 36)
said board of supervisors,conditioned that he shall
account for and pay over as required by law and Sec. 262-87. Tax levy for maintenance.
as ordered to do by said board of supervisors any To maintain and preserve the ditches, drains,
and all money received by him on the sale of such or other improvements made pursuant to this ar-
bonds, or any of them, and that he will only sell tide and to repair and restore the same, when
and deliver such bonds to the purchaser or pur needed, and for the purpose of defraying the cur-
chasers thereof under and according to the terms rent expenses of the district, the board of super
herein prescribed, and that he will return to the visors may, upon the completion of said improve-
board of supervisors when ordered so to do, duly ments and on or before October 1 in each year
cancelled any and all bonds not sold, which said thereafter, levy a tax upon each tract or parcel of
bonds shall remain in the custody of the president land within the district, to be known as a main-
of said board of supervisors,who shall produce the tenance tax. Said maintenance tax shall be appor-
same for inspection or for the use as evidence tioned upon the basis of the net assessments of --�
whenever and wherever legally requested so to benefits accruing for original construction, shall
do. The said treasurer shall promptly report all not exceed ten percent thereof in any one year
sales of bonds to the board of supervisors, which and shall be certified to the collector of each county
board shall at reasonable times thereafter, pre- in which lands of said district are situate, in the
pare and issue warrants in substantially the form same book in like manner and at the same time as
provided in section 262-71 for the payment of the annual installment tax is certified, but in a sep-
maturing bonds so sold and the interest payments arate column,under the heading maintenance tax.
coming due on all bonds sold. Each of said war- Said collector shall demand and collect the main-
rants shall specify what bonds and accruing in- tenance tax and make return thereof and shall
terest it is to pay, and the said treasurer shall receive the same compensation therefor and be
place sufficient funds at the place of payment to liable for the same penalties for failure or neglect
pay the maturing bonds and coupons when due as so to do as is provided herein for the annual in-
well as a reasonable compensation to the bank or stallment tax.
trust company for paying same. The successor in (Laws of Fla. ch. 9791 (1923), § 37)
office of any such treasurer shall not be entitled to
said bonds or the proceeds thereof until he shall Sec. 262-88. Petition of adjustment of assess-
have complied with all the foregoing provisions ments or benefits.
applicable to his predecessor in office. The afore-
said bond of said treasurer, may,if the said board Whenever the owners of 25 percent or more of
shall so direct,be furnished by a surety or bonding the acreage of the lands in the district shall file a
company,which may be approved by said board of petition with the clerk of the circuit court for the
supervisors;provided,if it should be deemed more county where the greater part of the lands of the
expedient to the board of supervisors, as to money district are located stating that there has been a
derived from the sale of bonds issued, said board material change in the values of the property in
may by resolution, select some suitable bank or the district since the last previous assessment of
banks or other depository,as temporary treasurer benefits and praying for a readjustment of the -�
or treasurers,to hold and disburse said moneys on assessment or benefits for the purpose of making
the orders of the board as the work progresses, a more equitable basis for the levy of the mainte-
SA262:26
SPECIAL DISTRICTS § 262-91
nance tax, the said circuit clerk shall give notice that there shall be no readjustment of benefits
of the filing and hearing of said petition in the oftener than once in five years.
manner and for the time provided for in section (Laws of Fla. ch. 9791 (1923), § 38)
262-60. Such notice may be in the following form:
Sec. 262.89. Amendment of reclamation plan.
Notice is hereby given to all persons inter-
ested in the lands included within the Jaudon Where the works set out in the plan of reclama
Drainage and Improvement District that a pe tion and improvement of said district are found
tition has been filed in the office of the Clerk of insufficient to reclaim in whole or in part any or
the Circuit Court of County, all of the lands of the district the board of super-
,praying for a readjustment visors shall have the right to formulate new or
amended plans containing new canals, ditches,
of the assessment of benefits for the purpose of levees or other works and additional assessments
making a more equitable basis for the levy of may be made in conformity with the provisions of
the maintenance tax in said district, and that section 262-63, the same to be made in proportion
said petition will be heard by said Circuit Court to the increased benefits accruing to the lands
on the first day of the next because of the additional works. If it should be
term of said court. found at any time that the amount of total tax
levied under the provisions of section 262-63 is
Date of first publication insufficient to pay cost of works set out in the plan
19 . of reclamation and improvement, or additional
work done under the provisions of this section,
the board of supervisors may make an additional
Clerk of the Circuit Court of levy to provide funds to complete the work, pro-
County. vided the total of all levies of such tax does not
exceed the total amount of benefits assessed.
Upon the hearing of said petition if said court (Laws of Fla. ch. 9791 (1923), § 39)
shall find that there has been a material change
in the values of the lands in said district since the Sec. 262-90. Removal of personnel.
last previous assessment of benefits the court shall
order that there be made a readjustment of the The board of supervisors may at any time re-
assessment of benefits for the purpose of providing move any officer,attorney,chief engineer or other
a basis upon which to levy the maintenance tax of employee appointed or employed by said board.
said district. Thereupon the court shall appoint (Laws of Fla. ch. 9791 (1923), § 40)
three commissioners,possessing the qualifications
of commissioners appointed under section 262-57 Sec. 262.91. Incorporation of existing im-
to make such readjustment of assessments in the provements.
manner provided in section 262-59, and said corn At the time of the construction in said district
missioners shall make their report, and the same of the plan of reclamation and improvement here
proceedings shall be had thereon, as nearly as inbefore referred to, all canals, ditches or systems
may be, as are herein provided for the assessment of drainage already constructed in said district
of benefits accruing for original construction;pro- and all watercourses shall, if necessary to the
vided, that in making the readjustment of the as- drainage of any lands in said district, be con-
sessment of benefits said commissioners shall not nected with and made a part of the work and im-
be limited to the aggregate amount of the original provements of the plan of drainage of said dis-
or any previous assessment of benefit, and that trict. But no canals, ditches, drains or system of
after the making of such readjustment the limi- drainage constructed in said district after the corn-
tation of ten percent as the annual maintenance pletion of the aforesaid plan of drainage of said
tax which may be levied shall apply to the amount district shall be connected therewith, unless the
of benefits as readjusted; and provided further, consent of the board of supervisors shall be first
SA262:27
§ 262-91 COLLIER COUNTY CODE
had and obtained, which consent shall be in Sec. 262-93. Private construction of drains.
writing and shall particularly describe the method,
terms and conditions of such connection,and shall Any landowner within the said district may con-
be approved by the chief engineer. Said connec- struct ditches to drain his lands into the public
tion, if made, shall be in strict accord with the ditches; and if any intervening landowner should
method, terms and conditions laid down in said refuse permission to cross his land with such ditch,
consent. If the land owner or owners wishing to the landowner seeking to construct such ditch may
make such connection are refused by the board of by proceedings in the circuit court, to be con-
supervisors or decline to accept the consent ducted in the same manner as condemnation pro-
granted, the said land owner or owners may file a ceedings instituted by railroads, condemn a right
petition for such connection in the circuit court of way for such ditch.In such proceedings the jury
having jurisdiction in said district,and the matter shall deduct from the damages the benefits that
in dispute shall in a summary manner be decided will accrue to such intervening landowner by the
by said court which decision shall be final and construction of such ditch, and such intervening
binding on the district and land owner or owners. landowner shall have the right to use such ditch
No connection with the works or improvements of for the drainage of his own lands.
said plan of drainage of said district or with any (Laws of Fla. ch. 9791 (1923), § 43)
canal, ditch, drain or artificial drainage wholly
within said district shall be made, caused or ef-
fected by any land owner or owners, company or Sec. 262.94. Security of bonds.
corporation, municipal or private, by means of or
with any ditch, drain,cut, fill,roadbed,levee,em- All bonds issued by the board of supervisors
bankment or artificial drainage, wholly without under the provisions of this act shall be secured ---�
the limits of said district unless such connection by a lien on all lands and other property benefited
is consented to by the board of supervisors, or in in the district, and the board of supervisors shall
the manner hereinbefore provided. see to it that a tax is levied annually and collected
(Laws of Fla. ch. 9791 (1923), § 41) under the provisions of this article, so long as it
may be necessary to pay any bond issued or obli-
Sec. 262.92. Payment of assessments. gation contracted under its authority; and the
making of said assessment and collection may be
Any person or corporation, co-partnership or enforced by mandamus.
other parties owning lands assessed for the con- (Laws of Fla. ch. 9791 (1923), § 44)
struction of any canal, ditch or other improve-
ment under the provisions of this article, shall
have the privilege of paying such tax assessment Sec. 262.95. Obstruction of canals, etc.
to the treasurer of the board of supervisors at any
time on or before a date to be fixed by the board of Whoever shall wilfully obstruct any canal,
supervisors and the amount to be paid shall be drain, ditch, or watercourse, or shall damage or
the full amount of the tax levied,less any amount destroy any drainage works constructed under the
added thereto to meet interest. When such tax provisions of this article, shall be deemed guilty
assessment has been paid, the secretary of the of a misdemeanor, and upon conviction thereof,
board shall enter upon the drainage tax record shall be punished as in case of other misde-
opposite each tract for which payment is made the meanors;and in addition thereto shall be liable to
words paid in full, and such tax assessment shall the district, or the person or persons injured, for
be deemed satisfied,and the secretary of the board double the cost of removing such obstruction or
of supervisors shall also make or cause to be made repairing such damage,and for the full amount of
the same entry opposite each tract for which pay- injury occasioned to any lands or crops or other
ment is made in the table included in the certifi- property, by reason of such misconduct.
cate filed in the office of the clerk of the circuit (Laws of Fla. ch. 9791 (1923), § 45)
court under the provisions of section 262-64. State law reference—Penalty for violation,F.S.§§775.081,
(Laws of Fla. ch. 9791 (1923), § 42) 775.082.
SA262:28
SPECIAL DISTRICTS § 262-123
Sec. 262.96. Supplemental nature of act. erning body, including the powers to sue and be
sued as a corporation in said name in any court,to
Nothing in this article shall be construed to re-
make contracts, to adopt and use a common seal
peal any of the drainage laws now in force;or that and alter the same at pleasure, and to buy, hold,
have been, or may be enacted at the present ses lease and convey such real estate and personal
sion of the legislature, but it is an additional property as said board shall deem proper to carry
system for the purpose of draining and reclaiming out the purposes of this article. To appoint a chief
and rendering fit for cultivation and habitation, engineer and such agents and employees as said
and otherwise improving the lands embraced board may require,to borrow money, and to issue
within the boundaries of said drainage and im negotiable promissory notes, bonds and other ev-
ent district. idence of indebtedness therefor,to enable them to
(Laws
(Laws of Fla. ch. 9791 (1923), § 47) carry out the provisions of this article.
(Laws of Fla. ch. 14766 (1931), § 2)
Secs. 262-97-262-120. Reserved. Code reference—Boards,commissions,committees and au-
thorities, §2-816 et seq.
ARTICLE IV. NAPLES HARBOR Sec. 262-123. Same—Initial composition,
DISTRICT terms, etc.
Sec. 262-121. Created, boundaries. The following shall be and constitute the first
board of commissioners:
That a special taxing district is hereby created E. W. Crayton, whose term of office shall be
to be known as "Naples Harbor District," to con for a period of three years;
sist of so much of Collier County, Florida, as is
described and embraced in the following bound- E. G.Wilkinson,whose term of office shall be
�- aries, to-wit: for a period of two years;
Commencing where the south line of Section F.K.Espenhain,whose term of office shall be
9, Township 49 South of Range 25 East in Col- for a period of one year.
Tier County, Florida intersects the Gulf of Provided that each shall hold office until the
Mexico; thence east along the north line of Sec-
tions 16, 15, 14 and 13 to range lines between election and qualification of his successor. Suc-
Ranges 25 and 26;thence south along said range cessor commissioners shall hold office until the
line to southeast corner of Section 12,Township end of the term. At an election to be held in 1938
51 South of Range 25 East; thence west along one commissioner shall be elected for said district
the southern boundary of Sections 12 and 11, to succeed the commissioner whose term expires
Township 51 South of Range 25 East to the Gulf that year. At an election to be held in the year
of Mexico; running thence northerly along the 1939 one commissioner shall be elected for said
Gulf of Mexico to the point of beginning. district to succeed the commissioner whose term
(Laws of Fla. ch. 18036 (1937), § 1) of office expires that year. At an election to be
Editor's note—Laws of Fla.ch. 14766(1931), § 1 has been held in 1940 one commissioner shall be elected for
deleted as superseded by Laws of Fla. ch. 18036 (1937), § 1. said district to succeed the commissioner whose
Such latter section did not amend the 1931 act,but created the term of office expires that year. At an election to
Naples Harbor District and fixed the boundaries thereof, as be held annually thereafter one commissioner
did§ 1 of the 1937 act. shall be elected to succeed the commissioner whose
term of office expires that year. The term of office
Sec. 262-122. Board of commissioners— of each commissioner shall be for three years and
Powers, duties. until the election or appointment and qualifica-
That a governing body of said Naples Harbor tion of his successor. Any vacancy shall be filled
District shall be known and designated by board by appointment by the governor or by an election
of commissioners of Naples Harbor District, said to fill the vacancy for an unexpired term. No
�� governing body shall have all the powers of a gov- person shall be qualified to hold office as commis-
SA262:29
§262-123 COLLIER COUNTY CODE
sioner under this article unless such person be a the board of commissioners of said Naples Harbor
duly qualified elector of Collier County, Florida, District.
and be a freeholder in said Naples Harbor Dis- (Laws of Fla. ch. 14766 (1931), § 3; Laws of Fla.
trict, and live within its boundaries. The commis- ch. 18036 (1937), § 2)
sioners as named herein shall have 90 days from
the passage of this Act and its becoming a law in Sec. 262-124. Election of commissioners.
which to file their respective bonds as commis All elections as provided for herein shall be
sioners of said Naples Harbor District. Failure to called by the board of commissioners of the Na
file said bond or bonds within 90 days,as provided pies Harbor District by publishing a notice of the
herein,shall create a vacancy or vacancies in said date when the same shall be held once each week
board of commissioners for every commissioner for four weeks before the date of such election, in
herein named that fails within said 90 days to file a newspaper published in Collier County,Florida,
bond or bonds, as required by this section. Each or by posting a notice in three places within the
commissioner under this article, before he as- boundaries of said district, one of which shall be
sumes the duties of such, shall be required to give the post office in Naples, Collier County, Florida,
to the Naples Harbor District a good and suffi- such posting to be for a period of not less than four
cient bond with not less than two sureties or a weeks before the calling of such election, and said
surety company authorized to do business in the commissioners shall cause ballots to be prepared
State of Florida, in the sum of $5,000.00 condi- and delivered for the purpose of conducting said
tioned for the faithful performance of the duties of election; the names of candidates for the office of
the office. The bonds so given by each commis- said board of commissioners of Naples Harbor Dis-
sioner shall be approved by and filed with the trict shall be handed to said board of commis-
secretary �.
of the board of commissioners of Naples sioners not later than ten days prior to the date of
Harbor District, except the bonds so given by the such election; said board of commissioners shall
three commissioners herein named shall be ap- canvass and declare the result of said election.
proved by the board of county commissioners of The three persons receiving the highest number
Collier County, Florida, and failure of any person of votes cast in said Naples Harbor District shall
at any time elected as commissioner, within 30 be declared commissioners for said district. If any
days after his election or appointment to give such one or more of any election committee shall fail or
bond shall create a vacancy in said commission. refuse to act then the vacancy shall be filled by
the remainder of the committee and selected from
The commissioners under this article shall be the qualified voters of said Naples Harbor Dis-
paid not to exceed $5.00 a day for each days ac trict.The place and places for the voting as herein
tual service rendered by such commissioners to provided shall be the same as at the general elec-
the Naples Harbor District in pursuance of their tion last held before such election,or as otherwise
duties as such commissioners,provided,however, designated by the board of commissioners of the
that no commissioner or commissioners shall be said Naples Harbor District.
paid more than the sum of $150.00 during any (Laws of Fla. ch. 14766 (1931), § 4)
one year and that the per diem herein provided
shall apply to services rendered in the inspection Sec. 262-125. Organization; chairman, secre-
of work performed under this article. t wy.
As soon as practical, after the commissioners
At least once each year the board of commis- hereby designated,shall have qualified,they shall
sioners of said Naples Harbor District shall have meet and organize by the election of one of their
and cause to be made an audit by a competent number as chairman and by one of their number
accountant of all the books, accounts and records as secretary,and the chairman and secretary shall
of said board of commissioners and of the secre- hold office at the pleasure of said board. The sec-
tary and engineer of said district, the compensa- retary shall give bond in such amount as said
tion for such auditor or accountant to be fixed by board shall require, which said bond shall be ap-
SA262:30
SPECIAL DISTRICTS § 262-127
proved by said board of commissioners to insure (3) The adaptability of such channels, canals
the faithful performance of the duties of his office and waterways as a part of an intercoastal
and the proper application of all moneys or other canal;
property which may come into his hands, care, (4) The utility of and convenience to be served
custody, possession or control. The board shall by the works of the district.
have the power to fix the terms and the amount of
such bond which may be executed by a surety Two members of said board shall constitute a
company duly authorized to do business under the quorum.
laws of the State of Florida.Upon authorization of
the board of commissioners first had and obtained The vote of two or two-thirds majority, shall be
the secretary may employ assistants from time to necessary to transact business, provided that no
time in and about the performing of the duties of harbor, channels, canals, waterways or docks,
the secretary, but the expenses of the secretary's quays and wharves shall be constructed until the
office shall not exceed$50.00 for any one calendar general plan thereof shall have been submitted to
month. the war department and approved thereby, or, if
(Laws of Fla. ch. 14766 (1931), § 5; Laws of Fla. not approved, no objection thereto be made by the
ch. 18036 (1937), § 3) war department, and a sufficient sum of money
shall have been provided and set aside for the
building and construction thereof.
Sec. 262-126. Construction, maintenance of For any damage or injury occasioned to private
harbor, canals, etc. property by washing or from other cause resulting
That said board is hereby authorized and em- from the construction of such harbor, channels,
powered to construct,build and thereafter to main- canals or waterways,or docks,quays and wharves
tain a harbor and entrance thereto, and canals the owner of such property shall have the right to
maintain and to prosecute a proper action at law
and channels and water ways, docks, quays and
wharves,within the boundaries of the district here- or in equity against such district for such damage
inbefore described, and do all the acts and things as may have resulted therefrom, provided, how-
proper,necessary and convenient for that purpose ever, that before any suit may be maintained, the
and in that connection, the dredging, building, owner and the district shall endeavor to arrive at
maintaining and cutting of said harbor, the en- a proper amount of damages that may be payable
trance thereto, and said canals, channels, water- therefor.
ways are hereby found and declared to be neces- Before any construction work upon such harbor,
sary for the maintenance of the health of the canals, channels, waterways or docks, quays and
inhabitants and for the convenience, comfort and wharves shall be undertaken, the chief engineer
welfare of said district and the inhabitants thereof. shall prepare and submit to said board a plan
The location of said harbor, canals, channels, wa- showing in detail a method to be employed in the
terways, docks,quays and wharves shall be deter- construction and for providing for full and com-
mined by the board of commissioners after reports plete protection to adjacent property from any in-
have been made to said board by the chief engi- jury which might follow as a result of such con-
neer of said board. In determining the location of struction, and the estimated cost of such
such harbor, canals, channels and waterways, construction.
docks, quays and wharves due consideration shall (Laws of Fla. ch. 14766 (1931), § 6; Laws of Fla.
be given by said board to the following: ch. 18036 (1937), § 4)
(1) The kind and nature of materials which
shall be encountered in the excavation and Sec. 262-127. Maintenance of waterways.
dredging; Said board is hereby authorized and empow-
(2) The natural depth of water at and near the ered to clean out, deepen or construct any water-
site of the proposed harbor as to protecting courses, waterways, canals, channels or docks,
its future maintenance; quays and wharves which may be deemed neces-
SA262:31
§ 262-127 COLLIER COUNTY CODE
sary by such board, to serve such district or the solely for the purposes authorized by this act.Said
inhabitants thereof, or to serve as a part of an levy may be made each year, not later than June
intercoastal waterway or to facilitate the opening 1 of such year,by resolution of said board,adopted
up, construction and maintenance of said harbor; by a majority thereof, and duly entered at large
and also to construct and maintain such jetties, upon the minutes. Certified copies of such resolu-
levies, works and other improvements as may be tion, executed in the name of said board, by its
deemed necessary by the board for the adequate chairman and secretary, under its corporate seal,
maintenance or preservation of the works of said shall be delivered to the board of county commis-
district. sioners of Collier County,Florida,and to the comp-
(Laws of Fla. ch. 14766 (1931), § 7; Laws of Fla. troller of the State of Florida,not later than June
ch. 18036 (1937), § 5) 15th of each year beginning with the year 1932,
and it shall be the duty of the board of county
Sec. 262-128. Acquisition of property. commissioners of Collier County,Florida,to order
the tax assessor of said county to assess said taxes
That said board shall have power and authority so assessed by said board of commissioners of said
to hold, control and acquire by gift or purchase, district upon all taxable property, real or per-
real or personal property. Said board shall have sonal, in said district, at the rate of taxation
the power of eminent domain and may thereby adopted by said board for said year and specified
condemn and acquire any real or personal prop- in said resolution and said levy shall be included
erty which the board may deem necessary for the in the warrant of the tax assessor which is at-
use of said district, whether within or without tached to the assessment roll of taxes for each
said district, and whether the same is for the lo- county every year. The tax assessor shall make
cation and construction of the work of the district such assessment and the tax collector shall collect
or for the purpose of procuring material for the such taxes so levied in the same manner as other
use of the district in effecting the purposes of this taxes are assessed and collected,and shall pay the
article, or for the maintenance and preservation same when collected, within the time and in the
of the works and improvements constructed or to manner prescribed by law for payment of other
be constructed under the provisions of this article. taxes to the secretary of said board of commis-
The board may condemn for the use of the district sioners. It shall be the duty of said comptroller to
any and all lands, easements, rights-of-way, ri- assess and levy on all railroad lands and railroad
parian rights and real and personal property of property, telegraph line and telegraph property
every description required for the purposes of the the amount of each such levy as in case of other
district. Such power of condemnation shall be ex- state and county taxes, and to collect the taxes
ercised in the same manner as is provided by gen- thereon in the same manner as is required by law
eral law for the exercise of the power of eminent as to the assessment and collection of taxes on
domain by cities and towns of the State of Florida. such property for state and county purposes, and
The only prerequisite to the exercise of said board to remit the same to the secretary of said board in
in eminent domain shall be adoption by said board the same manner as such remittances are made
of a resolution specifying the property sought to in the collection of other taxes. If any taxes as
be condemned and the purposes for which it is to assessed are not paid the property shall be by said
be used. tax collector sold, certificate or certificates shall
(Laws of Fla. ch. 14766 (1931), § 8; Laws of Fla. be issued and tax deed or deeds issued in the same
ch. 18036 (1937), § 6) manner and under the same law as relating to
such sales, issuance of certificates and deeds with
Sec. 262.129. Tax levy. reference to all other state and county taxes.
That said board is hereby authorized and em (Laws of Fla. ch. 14766 (1931), § 9)
powered to levy upon all the real and personal Sec. 262-130. Borrowing funds, notes.
taxable property in said district a special tax, not
to exceed ten mills on the dollar,for the year 1932 That said board is hereby authorized and err-
and for each and every year thereafter,to be used powered, in order to provide for the work pre-
SA262:32
SPECIAL DISTRICTS § 262-132
scribed by this article, to borrow money tempo- rowed on any bonds issued under the provisions of
rarily from time to time for periods of time not this article, the same shall be provided for by res-
exceeding two years at any one time, and to issue olution of said board, setting forth the amount
its promissory notes therefor upon such terms and and denominations of such bonds, the rate of in-
at such rates of interest, not exceeding eight per- terest that same are to bear and the time, place
cent per annum, as said board may deem advis- and conditions when and upon which the prin-
able. Any notes so made and issued may be paid cipal and interest thereon shall become due and
out of the proceeds of the bonds authorized to be payable, and no such bonds shall be issued unless
issued under this Act, or out of any other reve- the question of the issuance of such bonds shall be
nues or funds of said board, and said notes shall submitted and approved by the qualified electors
be a charge upon all of the revenues and property of said district who are freeholders. The form of
of said board not theretofore pledged. All such the ballot shall be "For Naples Harbor District
promissory notes so issued shall bear the name of Bonds" or "Against Naples Harbor District
Naples Harbor District, and be signed by the Bonds." Such election shall be held at the several
chairman of said board and countersigned by the
secretary of said board. places in said district where the last general elec-
(Laws of Fla. ch. 14766 (1931), § 10; Laws of Fla. tion was held in said county unless said board
ch. 18036 (1937), § 7) shall otherwise order, and said board shall ap-
point a date for the holding of such election, shall
Sec. 262-131. Permanent loans,bonds autho- appoint the inspectors of election for each pre-
rized. cinct, shall publish notice of such election in one
That said board is authorized and empowered paper published in said county once a week for
to borrow money on permanent loans and to incur four consecutive weeks before such election shall
obligations from time to time on such terms and be held,or shall post a notice in three places within
at such rates of interest as they may deem proper, the boundaries of said district, one of which shall
not exceeding six percent per annum, for the pur be the post office in Naples, Collier County,
Florida, such posting to be for a period of not less
pose of raising funds to construction and prose-
cute to completion any and all canals, channels, than four weeks before the calling of such elec-
docks, quays and wharves,jetties,waterways,and tion. Such election shall be conducted and a can-
harbor and other works authorized by this Act, or vass of the votes certified to and the returns can-
which said board may deem advantageous or nec- vassed substantially in the manner and within
essary in carrying out the purposes of this article. the time prescribed for general elections, except
And the better to enable said board to borrow as herein otherwise provided, and except that the
money for the purposes aforesaid, it is hereby au- returns shall be delivered to the chairman and
thorized to issue in the corporate name of said secretary of the said board instead of to the su-
board negotiable coupon bonds of said Naples pervisor of registration and county judge.And said
Harbor District not exceeding in the aggregate board of commissioners of Naples Harbor District
the total amount of$150,000.00 to be outstanding shall canvass the returns and declare the result of
at any one time. No such bonds shall be issued such election, and cause said result to be recorded
having a longer maturity than 30 years from date in its minutes. If it shall appear by the returns of
thereof. And such bonds shall be issued in series said election that the number of qualified voters
maturing from time to time so that they shall as required by the constitution participated in said
begin to mature not later than two years from election, and that a constitutional majority of the
their issuance. votes cast upon the subject shall be for said Na-
(Laws of Fla. ch. 14766 (1931), § 11; Laws of Fla. ples Harbor District Bonds said board shall be
ch. 18036 (1937), § 8) authorized to issue such bonds to the amount spec-
ified in said resolution therefor, and shall use the
Sec. 262-132. Referendum on bonds. proceeds thereof solely for the purposes prescribed
That before the issuance of any of said bonds in this article.
shall be made, and before any money shall be bor- (Laws of Fla. ch. 14766 (1931), § 12)
SA262:33
§ 262-133 COLLIER COUNTY CODE .-...\
Sec. 262-133. Denomination of bonds; pay- Sec. 262-134. Form of bonds.
ment, etc.
The bonds authorized by this article to be is-
The bonds to be issued by the authority of this sued shall be signed by each member of said board
article shall be in denominations of$1,000.00.Said and attested by the secretary of said board under
bonds shall bear interest at the rate to be fixed by the seal of said board. Such bonds shall be in such
said board not exceeding six percent per annum, form as shall be prescribed by said board and shall
which shall be payable semiannually in lawful recite that they are issued under the authority of
money of the United States of America at such this article, and shall pledge the faith and credit
place or places as said board may deem expedient of said board of commissioners of Naples Harbor
and shall so specify in their records, the place of District for the present payment of the principal
payment being specified in said bonds, and in any and interest thereof. Said bonds shall be num-
coupons attached thereto. The principal of said bered consecutively in the order of their issuance.
bonds shall be made payable to bear at such pe- Interest coupons shall be attached to said bonds
riods of time or dates not exceeding 30 years from and said coupons shall be consecutively numbered,
the date of issuing the same, as said board shall specifying the number of the bond to which they
determine. It may in the discretion of said board, are attached, and they shall be attested by the
be provided that at any time after such date as lithographed or engraved facsimile signatures of
shall be fixed by said board, the said bonds may the secretary of the board and by the chairman.
be redeemed, at the option of said board, such Said bonds shall be recorded by the secretary of
redemption to be made in the manner specified in the board in a book to be kept for that purpose.
this article. If the right shall be reserved to re- Said bonds may be validated pursuant to the pro-
deem such bonds before maturity, it shall be pro- visions of the laws of Florida with reference to the
vided in each bond so issued that if it shall be validation of other bonds.
called for redemption before maturity, notice in (Laws of Fla. ch. 14766 (1931), § 14)
writing thereof shall be given by said board to
each bank or trust company at which the same Sec. 262-135. Record of bonds.
shall be made payable at least 90 days before the
date fixed for redemption,and in addition thereto, After said bonds shall have been executed they
notice thereof shall be published in a newspaper shall be delivered to the secretary of said board,
published in Collier County, Florida, and if the who shall enter in a book to be kept by him the
board shall deem it advisable, in some periodical number of each bond, the rate of interest, its ma-
published in New York City, New York, once a turity, date of sale and the person to whom sold
week for at least four consecutive weeks begin- with his post office address. The secretary of said
ning not less than 90 days prior to the date set for board shall hold said bonds and be the legal cus-
redemption; and any bonds so called for redemp- todian thereof and deliver the same as recorded in
tion, shall cease to bear interest from and after its minutes. In case of the officers whose signa-
date so fixed for redemption. If the name and ad- tures, countersignatures or certificates appear
dress of the holder or holders of any such bonds is upon said bonds and coupons shall cease to be
known to said board, such persons shall be given such officer before the delivery of such bonds to
written notice of such redemption,said notice shall the purchaser,such signature or counter-signature
be sent through the mails, and the certificate of of certificate shall nevertheless be valid and suf-
the secretary of said board that such notices were ficient for all purposes in like manner and with
mailed shall be conclusive evidence of that fact. the same effect as if such officers had remained in
Said board is hereby authorized to sell such bonds, office until the delivery of said bonds.
or any of them, in such manner and for such price (Laws of Fla. ch. 14766 (1931), § 15)
as it may determine to be for the best interests of
the district,but no such sale shall be made for less Sec. 262-136. Manner of payment.
than $0.95 on the dollar. _—„,„
(Laws of Fla. ch. 14766 (1931), § 13; Laws of Fla. Said bonds or any of them may be registered
ch. 18036 (1937), § 9) with secretary of said board in such manner as
SA262:34
SPECIAL DISTRICTS § 262-139
may be provided by the resolution of said board, tide. The provisions of this Act shall constitute
and thereupon the secretary shall remove the cou- an irrepealable contract between said board and
pons from any such bond that is registered in the the holder of any such bonds and coupons thereof
name of the owner and that thereafter the in- issued pursuant to the provisions hereof. Any
terest and principal of said bonds are to be paid to holders of said bonds or coupons may, either at
the registered owner only. From time to time law or equity, by suit action, mandamus or other
thereafter any such bond may be transferred by proceeding enforce and compel the performance of
such registered owner in person or by attorney any of the duties required by this article of any of
duly authorized on presentation of such bond to the officers or persons mentioned herein in rela-
said secretary and such bond again registered as tion to said bonds or the collection, enforcement
above, a similar statement being registered and application of the taxes for the payment
thereon. Such statement may be in substantially thereof.
the following form: (Laws of Fla. ch. 14766 (1931), § 17)
(Date) Sec. 262.138. Cooperation with federal gov-
ernment.
"This bond is registered, pursuant to Statute
in such case made and provided,in the name of In the event the board of commissioners of Na-
and the interest and prin- pies Harbor District find it to be to the best in-
cipal hereof are payable hereafter to such terest of the district, the board is hereby autho-
owner" rized to pay over all or such portion of the proceeds
of the sale of bonds that may be issued hereunder
to the War Department of the United States or to
Secretary Board of Commissioners any other department or agency of the United
Naples Harbor District. States for the purpose of assisting such depart-
ment or agency in the construction of any of the
If any bond shall be registered as aforesaid, the works of the district; to contract with the govern-
principal and interest thereof shall be payable to ment of the United States or any department or
the registered owner. The secretary of said board agency thereof for the aid of the government or
shall enter in the registry of bonds kept by him for the aid of the district in any such work done or
under this article, or in a separate book, the fact to be done by the government or by the district.
of the registration of said bonds and in whose name (Laws of Fla. ch. 18036 (1937), § 10)
respectively, so that such registry or book shall at
all times show what bonds are registered and the Sec. 262-139. Retirement of bonds.
names of the owners thereof.
(Laws of Fla. ch. 14766 (1931), § 16) It shall be the duty of said board out of the
proceeds of the taxes levied and imposed by this
article and out of any other monies in the posses-
Sec. 262-137. Status of act. sion of said board(and not pledged to the payment
of the principal and interest of certificates of in-
This article shall without reference to any other debtedness) which monies so far as necessary are
act of the legislature of Florida be full authority hereby set apart and appropriated for that pur-
for the issuance and the sale of the bonds in this pose, to apply said monies and pay the interest on
article authorized, which bonds shall have the said bonds as the same fall due, and at the matu-
qualities of negotiable paper under the law mer- rity of said bonds out of said monies to pay the
chant, and shall not be invalid for irregularity or principal thereof;and there shall be and is hereby
defect in the proceedings for the issue and sale created a sinking fund for the payment of prin-
thereof, and shall be incontestable in the hands of cipal of said bonds, and said board shall set apart
bona fide purchasers for value. No proceedings in and pay into such sinking fund annually out of
respect to the issuance of any such bonds shall be the taxes levied and imposed under this article
necessary except such as are required by this ar- and any other revenue and funds of said district,
SA262:35
§ 262-139 COLLIER COUNTY CODE y�
at least five percent of amount of bonds out- has been inspected and approved by such chief
standing. engineer.
(Laws of Fla. ch. 14766 (1931), § 20)
Provided, however, in making the annual levy
of taxes, a levy shall be made for debt service and
a levy for maintenance, and the proceeds of the Sec. 262-142. Docks, wharves, etc.
said levies shall not be diverted to any other pur- Wherever the board of commissioners shall deem
pose, except that if at the end of any fiscal year it to the best interest of the district, the board is
the said board shall have surplus funds in either empowered to construct or cause to be constructed
the said sinking fund or the maintenance fund, docks, quays, wharves and piers at such point or
the said board may in its discretion make such points within the district as may be deemed nec-
transfers from one fund to the other as the said essary for the use of shipping and for the conve-
board may deem for the best interest of,the said nience of the inhabitants of the district and for
district. the users of the works of the district.The plans for
(Laws of Fla. ch. 14766 (1931), § 18; Laws of Fla. and the estimates of cost of such construction shall
ch. 18036 (1937), § 10) be prepared by the chief engineer of the district.
The district is authorized to fix and from time to
Sec. 262.140. Handling funds. time to alter the tolls and charges for the use by
•
the public of any such docks, quays, wharves or
That said board is hereby authorized and em- piers. To obtain funds for such construction the
powered to place the monies belonging to the district may issue certificates of indebtedness
sinking fund created by this article in such bank bearing interest at not to exceed eight percent per
or banks in the State of Florida which will pay the annum, and with maturities not exceeding ten '�•
highest rate of interest on such money while placed years, and may pledge the revenues to be derived
on deposit.The secretary of said board shall act as from such charges and tolls for the payment of the
treasurer and be the custodian of the funds be- interest upon and principal of such certificates of
longing to said board and to said district,and said indebtedness;provided, however,that such certif-
funds shall be disbursed only on the order of said icates shall not become a general charge against
board, signed by the secretary and countersigned or an indebtedness of the district.
by the chairman thereof. Said board shall be and (Laws of Fla. ch. 18036 (1937), § 11)
is hereby empowered and authorized to select as
depository any bank or trust company organized Sec. 262.143. Payment of certain expenses.
under the laws of the United States or under the
laws of the State of Florida,upon such terms and The board shall have the power to pay from the
conditions as said board may find will yield the funds of the district the expenses of holding, con-
greatest income, and upon such terms as to secu- ducting, canvassing the results of all elections re-
rity as the board shall deem proper, and such in- quired or authorized to be called or held by said
terest or income from such funds so deposited shall board;
be used as to said board shall seem most expe-
dient. All expenses of organization of said board and
(Laws of Fla. ch. 14766 (1931), § 19) all expenses necessarily incurred in connection
with the formation of said district, and all other
reasonable and necessary expenses, including the
Sec. 262-141. Supervision of work. fees and expenses of an attorney, in the transac-
tion of the business of the district and in carrying
All work done under the provisions of this ar- out and accomplishing the purposes of this ar-
ticle,both in construction and maintenance, shall tide.
be carried on under the supervision of a compe-
tent chief engineer to be employed by said board, This section, however, shall not be construed to
and no money shall be paid out for any such work limit or restrict any of the powers vested in said
to any contractor or subcontractor until such work board of commissioners by any other section or
SA262:36
SPECIAL DISTRICTS §262-169
provision of this article [Laws of Fla. ch. 18036 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,
(1937)]. 35,and 36 of Township 46 South Range 30 East
(Laws of Fla. ch. 18036 (1937), § 12) and Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12,
13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25,
Sec. 262-144. Unlawful acts. 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36 of
Township 47 South Range 29 East and Sections
Whoever shall willfully damage any ditch, ca- 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
nal, levee, waterway, jetty or other work estab- 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29,
lished or constructed under this article, or who 30, 31, 32, 33, 34, 35, and 36 of Township 47
shall fill or obstruct the flow of water in any canal, South Range 30 East and Sections 1, 2, 3, 4, 5,
waterway, or harbor, or remove any earth, stone 6, 7,8,9, 10, 11, 12, 13, 14, 15, 16, 17,and 18 of
or other material from the banks of any canal, Township 48 South Range 29 East and Sections
waterway, ditch, jetty, harbor, without first hav- 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
ing obtained permission in writing from said 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
board to remove such material, shall be deemed 30, 31, 32, 33, 34, 35, and 36 of Township 48
guilty of a misdemeanor, and upon conviction South Range 30 East. All of said land being
shall be punished as for a misdemeanor. located in Collier County as set forth in public
(Laws of Fla. ch. 14766 (1931), § 21) records thereof.
State law reference-Penalty for violation,F.S.§§775.081, (Laws of Fla. ch. 2000-393, § 3)
775.082.
Secs. 262-145-262-165. Reserved. Sec. 262-167. Governing body.
The district shall be governed by a board which
ARTICLE V. IMMOKALEE FIRE CONTROL shall consist of five resident electors of the district
DISTRICT* elected by a vote of the electors of the district
pursuant to the laws of Florida, as said laws may
Sec. 262-166. Created, boundaries. be amended from time to time.
(Laws of Fla. ch. 2000-393, § 3)
There is hereby made, created and established
the Immokalee Fire Control District, an indepen-
dent special district,hereinafter referred to as the Sec. 262-168. Officers; powers.
district,through the codification and reenactment
of the district's several legislative enactments, Within 60 days after the election of members of
which shall include the following described lands: the board,the members shall meet and elect from
the membership a chairman, a vice-chairman, a
Sections 1,2,3,4,5,6,7,8,9, 10, 11, 12, 13, 14, secretary, and a treasurer;provided,however,the
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, same member may be both secretary and trea-
28, 29, 30, 31, 32, 33, 34, 35, and 36 of Town- surer. The district shall have and the board may
ship 46 South Range 28 East and Sections 1, 2, exercise those general and special powers pre-
3,4,5,6,7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, 18, scribed by F.S. Ch. 191, or any other applicable
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, general laws or special laws, as said laws may be
32, 33, 34, 35, and 36 of Township 46 South amended from time to time.
Range 29 East and Sections 1, 2, 3, 4, 5, 6, 7, 8, (Laws of Fla. ch. 2000-393, § 3)
9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
*Editor's note-Laws of Fla. ch. 2000-393,§3,amended Sec. 262-169. Emergency medical and res-
Art.V in its entirety to read as herein set out.Former Art.V, cue response services.
§§262-166-262-180,pertained to similar subject matter and
derived from Laws of Fla.ch.30666(1955),§§1-16;Ord.No.
69-4,§1;Ord.No.71-5,§1;Laws of Fla.ch.78-490,§1;Laws The district is authorized to establish and
of Fla.ch.80-485,§1;Laws of Fla.ch.88-513,§1;Laws of Fla. maintain emergency medical and rescue response
ch. 91-368, § 1. services and acquire and maintain rescue, medi-
Supp.No. 24 SA262:37
§262-169 COLLIER COUNTY CODE
cal, transport, and other emergency equipment, cost of new facilities and equipment, the
as prescribed by general law and special law, as need for which is in whole or in part the
said laws may be amended from time to time. result of said new construction.
(Laws of Fla. ch. 2000-393, § 3)
(2) The district board has the right,at its sole
Sec. 262-170. Policies,rules and regulations, discretion, to establish a schedule of im-
and fire code. pact fees in compliance with any stan-
dards set by general law or special law, as
The board is authorized to make and adopt said laws may be amended from time to
policies,rules,regulations, and a fire code for the time, for new construction to pay for the
prevention of fires, for fire control, and for the cost of new facilities and equipment of the
provision of rescue services within the district. district, the need for which is in whole or
Such policies, rules, regulations, and fire code
shall be adopted in accordance with applicable in part the result of new construction
general law and special law, as said laws may be within the jurisdictional boundaries of
amended from time to time. the district. The impact fees collected by
(Laws of Fla. ch. 2000-393, § 3) the district under this subsection shall be
kept separate from other revenues of the
district and must be used exclusively to
Sec. 262-171. Taxes; non-ad valorem assess- acquire, purchase, or construct new facil-
ments; impact fees; user ities or portions thereof needed to provide
charges. fire protection and emergency services to
(a) Generally. The district board shall fix and new construction. As used in this subset—
cause to be levied on all property of the district, a tion, "new facilities" means land, build
millage sufficient to meet the requirements of the ings, and capital equipment, including,
adopted budget; provided, however, two mills is but not limited to, fire and emergency
the maximum that can be levied in any ine year, vehicles,radio telementry equipment,and
except as provided in F.S. Ch. 191, or any other other firefighting or rescue equipment.
applicable general laws or special laws, as said The district board shall maintain ade-
laws may be amended from time to time. In quate records to ensure that impact fees
addition, the district shall have such authority to are expended only for permissible new
levy non-ad valorem assessments and charge im- facilities or equipment as allowed by gen-
pact fees and user charges as prescribed herein eral law and special law,as said laws may
and in F.S. Ch. 191, and all other applicable be amended from time to time.
general laws or special laws, as said laws may be (Laws of Fla. ch. 2000-393, § 3; Laws of Fla. ch.
amended from time to time. 2001-330, § 1)
(b) Impact fees.
(1) The general-purpose local government for
Collier County, within which the district Secs. 262-172-262-200. Reserved.
lies,has not adopted an impact fee for fire
services which is distributed to the dis-
trict for construction within the district's
jurisdictional boundaries. Because of the
population growth and resulting new con-
struction within the jurisdictional bound-
aries of the district,the legislature recog-
nizes the district's need to impose impact
fees for new construction to pay for the
Supp. No.24 SA262:38
SPECIAL DISTRICTS §262-201
ARTICLE VI. EAST NAPLES FIRE said south line to the southwest corner of
CONTROL AND RESCUE DISTRICT* said Section 26; thence northerly along
the west line of said Section 26; to the
Sec. 262-201. Established; boundaries. southerly right-of-way line of Golden Gate
Parkway (100 feet wide); thence easterly
(a) A fire control district known as the East along said southerly right-of-way line to a
Naples Fire Control and Rescue District, hereaf- point lying 1220.00 feet west of the west
ter referred to as the district, is hereby estab- line of said Airport-Pulling Road; thence
lished to consist of the following described lands northerly parallel with said west right-of-
in Collier County: way line to the northerly right-of-way line
(1) Beginning at the northeast corner of the of said Golden Gate Parkway;hence west-
Northwest quarter of Section 27, Town erly along the north right-of-way of Golden
ship 49 South, Range 25 East, thence Gate Parking to a point 620 feet east and
along the north line of said Section 27, 235.46 feet south of the northwest corner
east 45 feet to the east right-of-way line of of Lot 8, Naples Improvement Company s
C-851 (also known as Goodlette-Frank Little Farms; thence north 235.46 feet to
Road), (which right-of-way line lies 45 the north line of Lot 8; thence west along
feet east of, measured at right angles to, said north line 620 feet to the northwest
and parallel with the north and south corner of said Lot 8; thence southerly to
quarter section line of said Section 27), to that angle point in said east right-of-way
the north line of Lot 11, Naples Improve- line which lies on a line 400.00 feet north-
ment Company's Little Farms, Plat Book erly of(measured at right angles to) and
2, Page 2; thence east to the east section parallel with the north line of Section 34,
line of Section 27, Township 49 South, Township 49 South,Range 25 East;thence
Range 25 East;then north along the east continuing along said east right-of-way to
line of said Section 27 to the northeast the north line of Gordon River Homes
corner of said Section 27; said point also Subdivision; thence east along the north
being the southeast corner of Section 23 line of Lots 50, 49, and 48 to a point 22.5
Township 49 South,Range 25 East thence feet east of the northwest corner of Lot 48;
east along the north line of Section 26, thence south parallel to the west line of
Township 49 South, Range 25 East to a Lot 48 to the south line of Lot 48; thence
point 990.0 feet west of the west right-of- west along the south line of Lots 48, 49,
way line of Airport Pulling Road; thence and 50 to the east right-of-way line of
south 01° 30 minutes 00 seconds east, Goodlette-Frank Road; thence continuing
1320.0 feet; thence north 89° 25 minutes along said east right-of-way line, which
40 seconds east, 660.0 feet; thence north line lies 100.00 feet east of, measured at
01° 30 minutes 00 seconds west, 1320.0 right angles to, and parallel with the
feet to the north line of said Section 26; north and south quarter section line of
thence east along said north line of Sec- said Section 34; thence continuing along
tion 26 to the west right-of-way line of said east right-of-way line to a point on
Airport-Pulling Road; to the south line of the north line of the southwest quarter of
said Section 26 (said right-of-way line the northeast quarter of Section 34,Town-
lying 50 feet west of the southeast corner ship 49 South, Range 25 East; thence
of said Section 26); thence westerly along continue on said right-of-way line 460.0
feet; thence north 89° 41 minutes 30 sec-
*Editor's note—Laws of Fla. ch. 83-391 added a § 23 to onds east 494.99 feet; thence south 0° 34
Laws of Fla. ch. 61-2034. Such addition was subject to ap- minutes 06 seconds east 615.88 feet to a
proval at referendum. The county has advised that no refer-
endum was held. point of curvature; thence southwesterly
Code reference—Ordinances pertaining to East Naples 343.97 feet along the arc of a tangential
Fire Control District, § 122-106 et seq. circular curve, concave to the northwest
Supp.No. 24 SA262:39
§262-201 COLLIER COUNTY CODE
have a radius of 243.97 feet and subtended cave to the southwest having a radius of
by a chord which bears south 44° 33 100.00 feet and subtended by a chord
minutes 25 seconds west 345.84 feet;thence having a bearing of south 05° 42 minutes
south 89° 41 minutes 30 seconds west 27 seconds East and a length of 125.21
250.0 feet to the easterly right-of-way line feet to a point of tangency; thence south
of Goodlette-Frank Road; thence south 33°,03 minutes,21 seconds west for 295.10
along said right-of-way line to a point feet;and South 33°27 minutes 51 seconds
48.41 feet south of the north line of the west 1.93 feet to the north line of the
south half of Section 34, Township 49 River Park East Subdivision which is also
south, Range 25 east;thence north 89°56 the north line of the south half of the
minutes 59 seconds east 249.79 feet;thence southeast quarter of Section 34,Township
northeasterly 173.98 feet along the arc of 49 South,Range 25 East;thence along the
a circular curve concave to the northwest north line of the south half of the south-
having a radius of 293.97 feet and being east quarter of said Section 34, easterly to
subtended by a chord which bears north the west line of Section 35, Township 49
72° 59 minutes 41 seconds east 171.46 South, Range 25 East; thence along the
feet; thence south 89° 47 minutes 31 sec- west line of said Section 35, northerly
onds east 808.79 feet;thence north 89° 55 1320 feet more or less to the northwest
minutes 05 seconds east 993.64 feet to a corner of the south half of said Section 35;
point on that bulkhead line as shown on hence along the north line of the south
late recorded in Bulkhead Line Plan Book half of said Section 35, easterly to the
1, Page 25 Collier County Public Records, west right-of-way line of State Road No.
Collier County, Florida; thence run the 31 (Airport Road),which right-of-way lies --�
following courses along the said Bulkhead 50.0 feet west of, measured at right an-
line, 47.27 feet along the arc of a gles to, and parallel with the east line of
nontangential circular curve concave to said Section 35; thence along said right-
the west,having a radius of 32.68 feet and of-way line of State Road No. 31, south
subtended by a chord having a bearing of 00° 13 minutes 57 seconds west 1800 feet
south 14° 08 minutes 50 seconds east and more or less to a point on said west
a length of 43.26 feet to a point of tangency; right-of-way line, which lies north 00° 13
south 27° 17 minutes 25 seconds west for minutes 57 seconds east 848.02 feet and
202.44 feet to a point of curvature; 296.89 south 89° 46 minutes 03 seconds west
feet along the arc of a curve concave to the 50.00 feet from the southeast corner of
southeast, having a radius of 679.46 feet said Section 35; thence continuing along
and subtended by a chord having a bear- said west right-of-way line southerly 325.02
ing of south 14° 46 minutes 21 seconds feet along the arc of a tangential circular
west and a length of 294.54 feet to a point curve concave to the east, radius 2914.93
of reverse curvature; 157.10 feet along the feet, subtended by a chord which bears
arc of a curve concave to the northwest, south 2°57 minutes 43 seconds east 324.87
having a radius of 541.70 feet, and feet; thence continuing along said west
subtended by a chord having a bearing of right-of-way line,tangentially south 6°09
south 10°33 minutes 47 seconds west and minutes 22 second east 3.13 feet, thence
a length of 156.55 feet to a point of reverse southerly along a curve concave to the
curvature; 307.67 feet along the arc of a southwest,having a central angle of 6° 23
curve concave to the northeast; having a minutes 18 seconds and a radius of 1860.08
radius of 278.30 feet, and subtended by a feet, a distance of 207.34 feet; thence
chord having a bearing of south 12° 47 south 0° 13 minutes 57 seconds west
minutes 59 seconds east and a length of 313.03 feet more or less to a point on the
292.24 feet to a point of reverse curvature; north line of and 20 feet west of the
135.31 feet along the arc of a curve con- northeast corner of Section 2, Township
Supp.No. 24 SA262:40
SPECIAL DISTRICTS §262-201
50 south,Range 25 east;thence southeast- east, thence easterly along the south line
erly, 300.7 feet more or less to a point on of said Section 3, Section 2, Section 1,
the east line of said Section 2 which point Township 51 south;thence along the south
lies 300.0 feet south of the northeast cor- corner of said Section 5; thence north
ner of said Section 2; thence along the along the east line of Section 5, Township
east line of the north half of said Section 51 south, Range 26 east; thence continue
2, southerly to the southeast corner of the on the north line of Sections 25, 26 and
north half of said Section 2; thence along part of Section 27, Township 49 south,
the south line of the north half of said Range 25 East to the point of beginning
Section 2; westerly to the northeast cor- and also,
ner of the southeast quarter of Section 3, (2) All those lands in Collier County de-
Township 50 South,Range 25 East;thence scribed as: Sections 21, 22, 23, 26, 27, 28,
southerly along the east line of the south- 33, 34 and 35, Township 50 South, Range
east corner of said Section 3 for a distance 26 East; Sections 2, 3, 4, 9, 10, 11, 12, 13,
of 2013.98 feet; thence north 89° 37 min- 14, 15, 16, 17, 18,23,24,25,26,35 and 36,
utes 20 seconds east 662.04 feet; thence Township 51 South, Range 26 East; Sec-
south 00° 17 minutes 20 seconds east tions 1, 2,3 and those portions of Sections
119.26 feet; thence south 89° 27 minutes 10, 11, 12, and 13, Township 52 South,
40 seconds west 322.00 feet; thence south Range 26 East, that lie North of the
00°, 17 minutes 20 seconds east 10.00 Marco River;those portion of Section 5, 6,
feet; thence south 89° 27 minutes 40 sec- 7 and 18, Township 52 South, Range 27
onds West 68.00 feet;thence south 00° 17 East, that lie West and North of State
minutes 20 seconds East 361.00 feet;thence Road 92; and Sections 7, 8, 16, 17, 18, 19,
north 89° 27 minutes 40 seconds east 20,21,22,27,28, 29,30 and 31,Township
68.00 feet;thence south 00° 17 minutes 20 51 South, Range 27 East, and those por-
seconds east 140.00 feet;thence south 89° tions of Sections 32 and 33, Township 51
27 minutes 40 seconds west 221.81 feet; South, Range 27 East, that lie west and
thence north 01° 05 minutes 56 seconds North of State Road 92.
west 6.99 feet; thence westerly along the (3) Less and except the North half of Section
arc of a non-tangential circular curve con- 2 of Township 50 South, Range 25 East
cave to the north having a radius of 370.00 and the South half of Section 35 of Town-
feet through a central angle of 18° 34 ship 49 South, Range 25 East.
minutes 13 seconds and being subtended
by a chord which bears north 81° 50 (b) In the event that property in the district is
minutes 17 seconds west 119.40 feet for a annexed by the City of Naples between January 1
distance of 119.92 feet to a point on the and July 1 of any year, the property shall be
east line of said Section 3; thence south- regarded as removed from the East Naples Fire
erly along the east line of Section 3, and Control and Rescue District as of January 1 of
along the east lines of Sections 10, 15, 22, that year for the purpose of the levy of general ad
and 27, all in Township 50 south, Range valorem taxes by the district.If annexation occurs
25 east, to the southeast corner of said after July 1,the property shall be assessed by the
Section 27, Township 50 south, Range 25 district for ad valorem taxes for that year. On and
east; thence westerly along the south line after the effective date of annexation, the district
of said Section 27, Township 50 south, shall be relieved of providing fire service to the
Range 25 east, and along the westerly annexed area.The city and the district may reach
prolongation of said south line to a point an agreement to determine what portion,if any,of
1,000 feet west of the mean low water line the existing indebtedness or property of the dis-
of the Gulf of Mexico; thence southeast- trict shall be assumed by the municipality of
erly along said shoreline to the south line which the annexed territory will become a part,
of Section 3,Township 51 south,Range 25 the fair value of such indebtedness or property,
Supp.No. 24 SA262:41
§262-201 COLLIER COUNTY CODE
and the manner of transfer and financing. Noth- services within the district which services may
ing herein shall relieve the property annexed include transportation to a health facility when
from the payment of general obligation debt ser- authorized by the Board of County Commission-
vice incurred by the district before annexation. ers of Collier County under emergency conditions
(Laws of Fla. ch. 61-2034, § 1; Laws of Fla. ch. as may be prescribed by the board of county
83-391, § 1A;Laws of Fla. ch. 84-417, § 1;Laws of commissioners. This shall include, but not be
Fla.ch.89-454,§ 1;Laws of Fla.ch.2000-444,§2) limited to, the authority to provide water, water
Editor's note—Laws of Fla.ch.83-391,§5 provided that supply,water stations, and other necessary build-
the amendment to Laws of Fla.ch.61-2034,§1(B)was subject ings; accept gifts or donations of equipment or
to approval at referendum. The county has advised that the money for the use of the district; and to do all
referendum was never held. Laws of Fla. ch. 89-454 was
subject to approval at referendum. The county has advised things necessary to provide for an adequate water
that the act was approved at referendum. supply, fire prevention, and proper fire protection
for the district. In addition, the board shall have
Sec. 262-202. Governing body;officers;com- the authority to extend its services outside the
pensation. district when provided in cooperation with an-
other governmental entity.
(a) The governing body of the district board (Laws of Fla. ch. 61-2034, § 4; Laws of Fla. ch.
shall be a board of five commissioners who are 77-534, § 1; Laws of Fla. ch. 80-486, § 1; Laws of
residents of the district who shall be elected as Fla. ch. 2000-444, § 2)
are county officers and who shall qualify and run Editor's note—Although not specifically repealed, the
for office as provided for by general law. For provisions of Laws of Fla.ch.61-2034,§3,prescribing officials
purposes of qualification and running for office, of the board, have been deleted as superseded by the above
the commission seats shall be designated as num- section.
ber 1, 2, 3, 4, and 5. Within 15 days after any
commissioner takes office,the district board shall Sec. 262-204. Personnel.
meet and elect a chair and secretary-treasurer.
Each member of the district board shall receive, The board shall have the power to hire neces-
from the funds of the district, compensation for sary firefighting personnel who shall serve at its
his or her services as provided for by general law. pleasure.
(b) Within ten days after the election and (Laws of Fla. ch. 61 2034, § 5; Laws of Fla. ch.
qualification of its members the board shall meet 2000-444, § 2)
and elect from its membership a president, a
secretary and treasurer or a secretary-treasurer. Sec. 262-205. Investigations.
(Laws of Fla. ch. 61-2034, § 2; Laws of Fla. ch.
83-391, § 2; Laws of Fla. ch. 84-417, § 3; Laws of The board shall have authority to inspect all
Fla. ch. 2000-444, § 2) property and investigate for fire hazards.
Code reference—Boards, commissions, committees and (Laws of Fla. ch. 61-2034, § 6; Laws of Fla. ch.
authorities, §2-816 et seq. 2000-444, § 2)
Sec. 262-203. Powers and duties of board.
Sec. 262-206. Rules and regulations.
The business affairs of the district shall be
administered and conducted by the board.It shall The board is authorized to promulgate rules
have the authority, for and on behalf of the and regulations for the prevention of fire and for
district, to establish, equip, operate, and main- fire control in the district, which rules and regu-
tain a fire department and rescue squad within lations shall have the same force and effect as law
the district and shall buy,lease,sell,exchange,for ten days after copies thereof executed by the
otherwise acquire and dispose of firefighting equip- president and secretary of the board have been
ment and other property real, personal, or mixed, posted in at least three public places.
that it may from time to time deem necessary to (Laws of Fla. ch. 61-2034, § 7; Laws of Fla. ch. -
prevent and extinguish fire or provide rescue 2000-444, § 2)
Supp.No.24 SA262:42
SPECIAL DISTRICTS §262-212
Sec. 262-207. Annual estimate of moneys re- relating to elections currently in force in Collier
quired; posting. County, except that this section shall take effect
upon becoming a law on March 18, 1982.
For the purpose of carrying into effect this law, (Laws of Fla. ch. 61-2034, § 9; Laws of Fla. ch.
the board shall annually during the month of 65-1410, § 1; Ord. No. 69-5, § 1; Laws of Fla. ch.
June,make an itemized estimate of the amount of 82-281, § 1; Laws of Fla. ch. 2000-444, § 2)
money required to carry out the provisions of this
Act for the next fiscal year of said board, which Sec. 262-209. Assessment and collection of
fiscal year shall be from April 1, to and including taxes.
the next succeeding March 31, which estimate
shall show for what purpose the moneys are Taxes herein provided for shall be assessed and
required and the amount necessary to be raised collected in the same manner as provided for the
by taxation within the district, and shall be pre- assessment and collection of county taxes and
sented in writing,signed by the president and the subject to the same commission and fees for
secretary to the Board of County Commissioners assessing and collecting as for the assessment
of Collier County on or before the first Monday in and collection of county taxes except as herein
July of each year.Prior to the presentation of such otherwise provided.
estimate to the Board of County Commissioners (Laws of Fla. ch. 61-2034, § 10; Laws of Fla. ch.
of Collier County, copies of the itemized estimate, 2000-444, § 2)
signed by the president and secretary of the
board, shall be posted in at least three public Sec. 262-210. Remittance to board.
places within the district, and at the time of the
presentation of such estimate the board shall also When the tax collector has collected the taxes
present to the Board of County Commissioners of provided for by this Act he or she shall on or
Collier County a certificate of the board that before the tenth day of each month report to the
copies of such estimate have been posted as secretary of the board the collection made for the
provided herein. preceding month and remit the same to the trea-
(Laws of Fla. ch. 61-2034, § 8; Laws of Fla. ch. surer of the board.
2000-444, § 2) (Laws of Fla. ch. 61-2034, § 11; Laws of Fla. ch.
2000-444, § 2)
Sec. 262-208. Annual tax millage. Sec. 262-211. Finances; warrants.
Upon receipt of such estimate and certificate of All warrants for the payment of labor, equip-
posting the said board of county commissioners ment, materials, and other allowable expenses
shall cause the same to be recorded in the min- incurred by the board in carrying out the provi-
utes of the county commissioners'meeting,and at sions of this Act shall be payable by the treasurer
the time of making and fixing the rate of annual of the board on accounts and vouchers approved
taxation for county purposes, shall fix and cause by the board.
to be levied on all property of said district, real (Laws of Fla. ch. 61-2034, § 12; Laws of Fla. ch.
and personal, a millage sufficient to meet the 2000-444, § 2)
requirements of the estimate, provided however,
the total millage shall not exceed one and one-half Sec. 262-212. Treasurer—Bond.
mills. Subject to the provisions of chapter 82-281,
Laws of Florida, this Act shall take effect only The treasurer of the board when entering upon
when approved by a majority of the qualified his or her duties shall give a good and sufficient
electors residing within the area of the bound- bond to the governor in the sum of$3,000.00, for
aries of the East Naples Fire Control District, the faithful performance of his or her duties as
voting in a referendum election to be called by the treasurer.
Board of County Commissioners of Collier County, (Laws of Fla. ch. 61-2034, § 13; Laws of Fla. ch.
in accordance with the provisions of the law 2000-444, § 2)
Supp.No. 24 SA262:43
§262-213 COLLIER COUNTY CODE
Sec. 262-213. Same-Semiannual reports. ARTICLE VII. RESERVED*
The treasurer shall on or before April 10 and Secs. 262-241-262-305. Reserved.
October 10 of each year, make a written semian-
nual report of receipts and expenditures of the
funds of the district to the board. He or she shall ARTICLE VIII. COLLIER MOSQUITO
furnish a copy of said report to the board of county CONTROL DISTRICT'
commissioners.
(Laws of Fla. ch. 61-2034, § 14; Laws of Fla. ch. Sec. 262-306. Minimum charter require-
2000-444, § 2) ments.
In accordance with F.S. § 189.404(3), the fol-
Sec. 262-214. Authority to issue bonds. lowing subsections shall comprise the minimum
required charter provisions for Collier Mosquito
The district shall have the power to issue Control District:
general obligation bonds, notes, or certificates of (1) The district is organized and exists for all
indebtedness pledging the full faith, credit, and purposes set forth in this Act and F.S. Ch.
taxing power of the district for capital projects of 388,as they may be amended from time to
the district in accordance with F.S. Ch. 189 or Ch. time.
191, or any other applicable general laws.
(Laws of Fla. ch. 61-2034, § 21; Laws of Fla. ch. (2) The powers, functions, and duties of the
83-391, § 3; Laws of Fla. ch. 2004-433, § 1) district regarding ad valorem taxation,
non-ad valorem assessments, bond issu-
ance, other revenue-raising capabilities,
Sec. 262-215. Payment of costs of referen- budget preparation and approval, liens,
dum. foreclosure of liens, use of tax deeds and
tax certificates, and contractual agree-
Whenever a referendum is required under the ments shall be as set forth in F.S. Chs.
provisions of this Act,the district shall reimburse 170, 189, 197, 200, and 388, this Act, or
the county for the cost of such election. any other applicable general or special
(Laws of Fla. ch. 61-2034, § 24; Laws of Fla. ch. law, as they maybe amended from time to
84-417, § 2; Laws of Fla. ch. 87-546, § 1; Laws of time.
Fla. ch. 2000-444, § 2)
(3) The district was created by the petition
process formerly contained in F.S. Ch.
Sec. 262-216. Impact fees. 390, 1949.
(4) The district's charter may be amended
The district shall have authority to charge and only by special act of the legislature, un-
collect impact fees for capital improvements on
new construction within the district as prescribed *Editor's note-Laws of Florida,ch.94-482,§2,approved
in F.S. Ch. 191, or any other applicable general May 13,1994,repealed Art.VII,§§262-41-262-49,262-261-
laws. 262-282,which pertained to water management districts.See
the Code C
(Laws of Fla. ch. 61-2034, § 25; Laws of Fla. ch. Comparative Table.
tEditor's note-Laws of Fla. ch. 2001-298, §3, amended
89-454,§2;Laws of Fla.ch. 2000-444, §2;Laws of Art.VIII in its entirety to read as herein set out.Former Art.
Fla. ch. 2004-433, § 1) VIII,§§262-306-262-309,pertained to similar subject matter
Editor's note-Laws of Fla. ch. 89-454 was subject to and derived from Laws of Fla.ch.63-1234,§§1,2;Laws of Fla.
approval at referendum.The county has advised that the act ch. 70-640,§§ 1-4;Laws of Fla.ch. 71-591,§ 1;Laws of Fla.
was approved at referendum. ch. 76-351, § 1;Laws of Fla.ch. 76-352, § 1.
Code reference-Ordinances pertaining to Collier Mos-
quito Control District, § 122-1036 et seq.
State law reference-Mosquito control districts,F.S.ch.
Secs. 262-217-262-240. Reserved. 388.
Supp.No. 24 SA262:44
SPECIAL DISTRICTS §262-306
less otherwise provided by F.S. Ch. 189,or (11) The district may be financed by any method
F.S. Ch. 388, as amended from time to established in this Act, F.S. Chs. 189, or
time. 388, or any applicable general laws, as
they may be amended from time to time.
(5) In accordance with F.S. § 388.101(2), the (12) Pursuant to F.S. § 388.221, as it may be
district is governed by a five member amended from time to time, the district's
board. The membership and organization authority to levy upon all of the personal
of the board shall be as set forth in this and real taxable property in the district a
Act and F.S. Ch. 388, as they may be special tax during each year as mainte-
amended from time to time. nance tax is preserved.
(6) Board members may be paid a salary in (13) The method for collecting non-ad valorem
accordance with this Act and F.S. Ch.388, assessments,fees,service charges,or state
as they may be amended from time to matching funds shall be as set forth in
time. Notwithstanding F.S. § 388.141(1), F.S. Chs. 170, 197, and 388, as they may
board members may also receive benefits, be amended from time to time.
such as medical insurance or accidental (14) The district's planning requirements shall
death and dismemberment insurance, in be as set forth in F.S.Chs. 189 and 388,as
addition to the maximum salary allowed they may be amended from time to time.
under general law. Each additional bene- (15) Effective October 1, 2004, this subsection
fit will be granted by unanimous resolu- (15), of section 1 of section 3 of Laws of
tion of the district with all members Florida ch. 2001-298, as amended by this
present. Act, is amended to read:
(7) The administrative duties of the board of The district's geography boundary limita-
commissioners shall be as set forth in this tions shall be as follows and may be
Act and F.S. Ch. 388, as they may be amended pursuant to F.S. § 388.211, as
amended from time to time. amended from time to time:
Beginning where the north line to Town-
(8) Requirements for financial disclosure, ship 48S Range 25E extended westerly
meeting notices, reporting, public records intersects the western boundary of the
maintenance, and per diem expenses for State of Florida in the waters of the Gulf
officers and employees shall be as set of Mexico;thence easterly along said Town-
forth in F.S. Chs. 112, 189, 286, and 388, ship line to the northeast corner of Sec-
as they may be amended from time to tion 5, Township 48S Range 25E; thence
time. southerly along the easterly Section line
of 5 to the southeast corner of Section 5
(9) The procedures and requirements govern- Township 48S Range 25E, also known as
ing the issuance of bonds, notes, and the northwest corner of Section 9, Town-
other evidence of indebtedness by the ship 48S Range 25E;thence easterly along
district shall be as set forth in F.S. Chs. the north lines of Sections 9, 10, 11 and 12
189 and 388, and applicable general laws, to the northeast corner of Section 12,
as they may be amended from time to Township 48S Range 25E, also known as
time. the northwest corner of Section 7, Town-
ship 48S Range 26E; continue easterly
(10) The procedures for conducting district elec- along the north lines of Sections 7, 8, 9,
tions and for qualification of electors shall 10, 11 and 12 to the northeast corner of
be pursuant to F.S. Chs. 189 and 388, and Section 12,Township 48S Range 26E,also
pplicable general laws, as they may be known as the northwest corner of Section
amended from time to time. 7, Township 48S Range 27E; continue
Supp.No. 24 SA262:45
§262-306 COLLIER COUNTY CODE
easterly along the north lines of Sections northeast corner of Section 2, Township
7, 8, 9, and 10 to the Northeast corner of 50S Range 26E; thence southerly along
Section 10, Township 48 South, Range 27 the east lines of Sections 2, 11, 14, 23, 26
East, thence northerly along the easterly and 35 to the southeast corner of Section
section line of Section 3, to the Northeast 35, Township 50S Range 26E, also known
corner of Section 3, Township 48 South, as the northeast corner of Section 2,Town-
Range 27 East, also known as the South- ship 51S Range 26E; thence southerly
east corner of Section 34, Township 47 along the east line of Section 2 to the
South, Range 27 East, thence northerly southeast corner of Section 2, Township
along the easterly line of Sections 34 and 51S Range 26E, also known as the north-
27 to the Northeast corner of Section 27, west corner of Section 12, Township 51S
Township 47 South,Range 27 East,thence Range 26E;thence easterly along the north
easterly along the north line of Sections line of Section 12 to the northeast corner
26 and 25 to the Northeast corner of of Section 12, Township 51S Range 26E,
Section 25, Township 47 South, Range 27 also known as the northwest corner of
East, also known as the Northwest corner Section 7, Township 51S Range 27E; con-
of Section 30, Township 47 South, Range tinue easterly along the north lines of
28 East, thence continue along northerly Sections 7 and 8 to the northeast corner of
line of Sections 30, 29, and 28 to the Section 8,Township 51S Range 27E;thence
Northeast corner of Section 28, Township southerly along the east lines of Sections
47 South, Range 28 East, thence south- 8, 17, 20, 29 and 32 to the southeast
erly along the easterly line of Sections 28 corner of Section 32,Township 51S Range
and 33 to the Southeast corner of Section 27E; thence westerly along the south line
33, Township 47 South, Range 28 East,
of Section 32 to the intersection of the
also known as the Northeast corner of westerly right-of-way of State Road 92;
Section 4, Township 48 South, Range 28 thence southwesterly along the westerly
East, thence southerly along the easterly right-of-way State Road 92 through Sec-
line of Sections 4, 9, 16, 21, 28, and 33 to tion 5 and 8 to the intersection of west
the Southeast corner of Section 33, Town- line Section 8, Township 52S Range 27E;
ship 48 South,Range 28 East,also known thence southerly along west lines of Sec
as the Northeast corner of Section 4,Town- tions 8 and 17 to the southwest corner of
ship 49 South, Range 28 East, thence Section 17,Township 52S Range 27E also
southerly along the easterly line of Sec- known as the southeast corner of Section
tions 4, 9, 16, 21, 28, and 33 to the 18,Township 52S Range 27E;thence west-
Southeast corner of Section 33, Township erly along the south line of Section 18 to
49 South,Range 28 East,thence westerly the intersection of Goodland;thence south
along the southerly lines of Sections 33, erly and westerly along the southerly
32, and 31 to the Southwest corner of boundary of Goodland,to the intersection
Section 31, Township 49 South, Range 28 with the east line of Section 24 Township
East, also known as the Southeast corner 52S Range 26E; thence southerly along
of Section 36, Township 49 South, Range the east line of Section 24 to the southeast
27 East, thence continue westerly along corner of Section 24, Township 52S Range
the southerly line of Sections 36, 35, 34, 26E;thence westerly along the south lines
33, and 32 to the southwest corner of of Sections 24, 23, 22, 21, 20 and 19 to
Section 31,Township 49S Range 27E, also where that line extended intersects the
known as the southeast corner of Section western boundary of the State of Florida
36,Township 49S Range 26E;thence west- in the waters of the Gulf of Mexico;thence
erly along the south line of Section 36 to northwesterly along the waters of the
the southwest corner of Section 36, Town Gulf of Mexico, to the Point of Beginning;
ship 49S Range 26E, also known as the And
Supp.No. 24 SA262:46
SPECIAL DISTRICTS §262-330
Beginning at the southeast corner of Sec- to defend any action filed against it on the grounds
tion 13, Township 47S Range 29E; thence of sovereign immunity should it so choose to
northerly along the easterly Section line exercise such right.
of Sections 13, 12 and 1 to the northeast (Laws of Fla. ch. 2001-298, § 3)
corner of Section 1, Township 47S Range
29E also being the southeast corner of
Section 36, Township 46S Range 29E; Sec. 262-308. Group insurance.
thence continue northerly along the east-
erly lines of Sections 36 and 25 to the
northeast corner of Section 25; thence (a) Collier Mosquito Control District shall be
westerly along the northerly line of Sec- and is hereby authorized, empowered, and per-
tions 25, 26, 27, 28, 29 and 30 to the mitted to provide for life, health, accident, hospi-
northwest corner of Section 30, Township talization, or annuity insurance or all of any
46S Range 29E, also being the northeast kinds of such insurance for the employees thereof
corner of Section 25,Township 46S Range upon a group insurance plan, and to that end
28E; thence continue westerly along the enter into agreement with insurance companies
northerly line of Sections 25 and 26 to the to provide such insurance. The Collier Mosquito
northwest corner of Section 26; thence Control District shall be authorized to contribute
southerly along the westerly line of Sec- to the cost of any such insurance.
tions 26 and 35 to the southwest corner of
Section 35;thence easterly along the south-
erly line of Sections 35 and 36 to the (b) The election to exercise such authority shall
southeast corner of Section 36, Township be evidenced by resolution duly recorded in the
46S Range 28E, also being the northwest official minutes adopted by the Board of the
corner of Section 6, Township 47S Range Collier Mosquito Control District.
29E; thence southerly along the westerly
line of Sections 6, 7, and 18 to the south- (c) Upon the request in writing of any em-
west corner of Section 18;thence easterly ployee, the public officials of the Collier Mosquito
along the southerly line of Sections 18, 17, Control District are hereby authorized and em-
16, 15, 14 and 13 to the southeast corner powered to deduct from the wages of such em-
of Section 13 and the Point of beginning. ployee periodically the amount of the premium
Less and except the publicly owned, tax which such employee has agreed to pay for such
exempt property within the boundaries of insurance and to pay or remit same directly to the
Rookery Bay National Estuarine Research insurance company issuing such group insurance.
Reserve and Corkscrew Regional Ecosys-
tem Watershed, as they may be amended
from time to time. (d) The participation in such group insurance
(Laws of Fla. ch. 2001-298, § 3; Laws of Fla. ch. by any employee shall be entirely voluntary at all
2004-425, §§ 1, 2) times.Any employee may upon any payday with-
draw or retire from such group insurance plan,
upon giving his or her employer written notice
Sec. 262-307. Liability insurance. thereof and directing the discontinuance of deduc-
tions from wages in payment of such premiums.
In addition to all other powers granted it by (Laws of Fla. ch. 2001-298, § 3)
law, the Collier Mosquito Control District, acting
by and through its duly qualified board of com-
missioners, shall have the power to purchase and
pay for liability insurance as a legitimate public
expenditure without, however, waiving its right Secs. 262-309-262-330. Reserved.
Supp. No. 24 SA262:47
§262-331 COLLIER COUNTY CODE
ARTICLE IX. MARCO ISLAND FIRE Sec. 262-333. Nomination of fire district
CONTROL DISTRICT* board; advisory committee.
The board shall be nominated by ten freehold-
Sec. 262-331. Area of district. ers from the district at large whose names shall
be attached to a petition supporting their nomi-
All that area of land located in Collier County, nation.The petition shall be filed with the county
Florida, described as: clerk not less than 90 days prior to the scheduled
date for election. There shall be elected as pro
All those geographical islands known as Marco
Island and Caxambas Island, subject to future vided in section 262-341 a board to consist of
accretion and reliction,lying and being situate three members, elected from the district at large,
in Township 52 South, Ranges 25, 26 and 27 who shall constitute the Marco Island Fire Con-
East bounded by the Gulf of Mexico,Caxambas trol District Board.
Pass, Caxambas Bay, Barfield Bay, Blue Hill (Laws of Fla. ch. 65 1413, § 2; Laws of Fla. ch.
Bay,Blue Hill Creek, Goodland Bay,Bill Marco 82-282, § 2)
River and Big Marco Pass
Sec. 262-334. Election of officers.
is established as a fire control district known as Within ten days after the election and ualifi-
the"Marco Island Fire Control District"hereafter y q
referred to as the district, whose central location cation of its members, the board shall meet and
shall be on Marco Island, a more specific location elect from its membership a president,a secretary
on said island to be finally determined by the fire and a treasurer, or a secretary treasurer.
control district board. (Laws of Fla. ch. 65-1413, § 3)
(Laws of Fla. ch. 65-1413, § 1; Laws of Fla. ch.
79-444, § 2) Sec. 262-335. General powers of board.
Editor's note—Laws of Fla. ch. 79-444 was subject to The business affairs of the district shall be
approval at referendum.The county has advised that the act
was approved at referendum. administered and conducted by the board. It shall
have the authority to establish, equip, operate
Sec. 262-332. Annexation. and maintain a fire department within the dis-
trict and shall buy, lease, sell, exchange, or oth-
There is annexed to and as part of the Marco erwise acquire and dispose of firefighting equip-
Island Fire Control District,Collier County,as set ment and other property,real, personal or mixed,
out in Laws of Fla. ch. 65-1413, as amended by that it may from time to time deem necessary to
Laws of Fla. ch. 79 444, the following described prevent and extinguish fire and provide emer-
land: gency rescue services within the district. This
shall include, but is not limited to, the authority
All of the geographical island known as Horr's to provide water,water supply,water stations and
Island, subject to future accretion and relic- other necessary buildings; accept gifts or dona
tion, lying and being situate in Township 52 tions of equipment or money for the use of the
South, Range 26 East, bounded by Caxambas district; and to do all things necessary to provide
Bay, Barfield Bay, Blue Hill Bay, Blue Hill for an adequate water supply, for emergency
Creek. rescue services, and for prevention and proper
(Laws of Fla. ch. 90-464, § 1) fire protection for the district. The rescue services
Editor's note—Laws of Fla. ch. 90-464 was subject to provided by the district shall not include trans-
approval at referendum.The county has advised that the act portation to a health facility except as authorized
was approved at referendum. herein. The board shall have the authority to
*Editor's note—Laws of Fla. ch. 65-1413 (the basic act borrow money and issue evidences of long-term
from which this article is derived) was repealed by Laws of indebtedness for the singular purpose of capital
Fla.ch. 93-384;such 1993 act was subject to referendum and expenditures,the outstanding total of such indebt- ---�
failed thereat. edness not to exceed$200,000.00 at any time.The
Supp.No. 24 SA262:48
SPECIAL DISTRICTS §262-335
board shall have the authority to borrow money
and issue evidences of short-term indebtedness
for the singular purpose of maintaining opera-
tional expenses in anticipation of receipt of tax
proceeds, the outstanding total of such indebted-
ness not to exceed $50,000.00 at any one time.
The board shall have the power to hire and fire
necessary firefighting personnel, to inspect all
property and investigate for fire hazards and to
promulgate rules and regulations for the preven-
tion of fire and for fire control in the district,
which shall have the same force and effect as law
ten days after copies thereof executed by the
president and secretary of the board have been
posted in at least three places. The board shall
have the authority to enter into agreements with
authorized governmental agencies to provide
firefighting assistance and emergency rescue ser-
vices outside the Marco Island Fire Control Dis-
trict to other fire control districts; such rescue
service both within and without the district may
include transportation to a health facility when
authorized by the board of county commissioners
of Collier County under emergency conditions as
may be prescribed by said board of county corn-
s...—. missioners.
(Laws of Fla. ch. 65-1413, § 4; Laws of Fla. ch.
78-491, § 1; Laws of Fla. ch. 80-595, § 1; Laws of
Fla. ch. 82-282, § 1; Laws of Fla. ch. 84-415, § 1)
Editor's note—Laws of Fla. ch. 78-491 was subject to
approval at referendum.The county has advised that the act
was approved at referendum.
Code reference—Boards, commissions, committees and
authorities, §2-816 et seq.
[The next page is CD262:651
Supp.No. 24 SA262:49
SPECIAL DISTRICTS § 262-339
Sec. 262-336. Annual estimate of money vided for the assessment and collection of county
needed filed with county; no- taxes and subject to the same commission and fees
tice. for assessing and collecting as for the assessment
For the purpose of carrying into effect this law and collection of county taxes except as herein
the board shall annually during the month of June, otherwise provided. The tax collector shall on or
make an itemized estimate of the amount of money before the tenth day of each month report to the
required to carry out the provisions of this article secretary of the board the collection made for the
for the next fiscal year which shall be from Oc preceding month and remit same to the treasurer
tober 1 to and including the next succeeding Sep-
tember 30. The estimate shall have for what pur-
pose the moneys are required and the amount
necessary to be raised by taxation within the dis- Sec. 262.339. Impact fees.
trict, and shall be presented in writing, signed by
the president and the secretary to the board of The district board may allow for the collection
county commissioners of Collier County on or be- of impact fees for capital improvement on new
fore the first Monday in July of each year.Prior to construction within the district.
the presentation of the estimate to the board of (1) Impact fees for capital improvement:
county commissioners, copies of the itemized es-
timate, signed by the president and secretary of a. It is hereby found and determined that
the board, shall be posted in at least three public Collier County is located in one of the
places within the district, and at the time of the fastest growing areas in the nation.
presentation of such estimate the board shall also New construction and resulting popu-
present to the board of county commissioners of lation growth is placing a strain upon
Collier County a certificate of the board that copies the capabilities of the district to con-
\-- of such estimate have been posted as provided tinue to provide the high level of pro-
herein. fessional fire protection and related
(Laws of Fla. ch. 65-1413, § 5; Laws of Fla. ch. emergency services, for which the res-
82-282, § 1) idents of the district pay and which
they deserve.
Sec. 262.337. Annual millage rate of taxes. b. It is readily apparent that additional
Upon receipt of such estimate and certificate of equipment and facilities will be needed
posting the board of county commissioners shall to meet the expanded commercial and
cause the same to be recorded in the minutes of residential growth within the district,
the county commissioners' meeting, and at the at a cost beyond that which can be pro-
time of making and fixing the rate of annual tax- vided from current and anticipated ad
ation for county purposes, shall fix and cause to valorem tax revenues assessed, col-
be levied on all property of the district real and lected, and received by the district.
personal a millage sufficient to meet the require- c. It is hereby declared that the cost of
ments of the estimate;provided,however,the total new facilities and equipment for fire
millage shall not exceed one mill. protection and related emergency ser-
(Laws of Fla. ch. 65-1413, § 6; Ord. No. 69-6, § 1; vices shall be borne by new users of the
Ord. No. 71-6, § 1; Laws of Fla. ch. 78-491, § 1) district's services to the extent that new
Editor's note—Laws of Fla. ch. 78-491 was subject to ap- construction requires new facilities and
proval at referendum.The county has advised that the act was equipment, but only to that extent.
approved at referendum. d. It is therefore the legislative intent of
Sec. 262-338. Assessment and collection of this section to transfer to the new user
taxes. of the district's fire protection and re-
lated emergency services a fair share
Taxes herein provided for shall be assessed and of the costs that new users impose on
collected in the same manner and form as pro- the district for new facilities.
SA262:65
§ 262-339 COLLIER COUNTY CODE -�
e. It is hereby declared that the amounts district and shall be used exclusively for
of impact fees for capital improvement the acquisition, purchase, or construction
provided for in this section are just,rea- of new facilities and equipment,or portions
sonable, and equitable. thereof required to provide fire protection
No person shall issue or obtain a building and related emergency services to new con
permit for new residential dwelling units struction. "New facilities and equipment"
or new commercial or industrial structures means buildings and capital equipment in
within the district, or issue or obtain con- cluding, but not limited to, such fire and
struction plan approval for new mobile emergency vehicles and communications
home developments located within the dis equipment as may from time to time be
trict,until the developer thereof shall have deemed necessary by the district to provide
paid the applicable impact fee for capital fire protection and related emergency ser-
improvement to the district hereinafter set vices to the areas of new construction.
forth. (6) The impact fees for capital improvement
(2) Impact fees for capital improvement to be collected hereunder shall not be used for
assessed and collected hereunder shall not the acquisition, purchase, or construction
exceed the following: of facilities or equipment which must be
obtained in any event to meet the needs of
a. Each new residential dwelling unit: the district,regardless of growth within the
$0.15 per square foot of living area. district.
b. New commercial or industrial struc-
tures: $0.30 per square foot of usable (7) The board of fire commissioners shall main-
tain adequate records to ensure that im-
c. New mobile home developments: $0.15 area.
pact fees for capital improvement collected
per square foot of permitted living area. hereunder are expended only for permis-
sible new facilities or equipment.
1. Living area shall be defined as that
area of any structure that is cov (8) The district board shall determine the m ax-
ered by a roof. imum amount of impact fees to be assessed
2. Permitted living area shall be 25 in any one fiscal year. This determination
percent of the area covered by the shall be made prior to the immediately suc-
individual lots. ceeding fiscal year.However,should the dis-
trict board authorize the collection of im-
(3) For the purpose of this section, each unit of pact fees in an amount less than the
any multifamily structure, whether it be a maximum allowable hereunder, then these
duplex, triplex, cooperative apartment, or fees shall be uniform in each type of new
condominium or similar type structure shall construction subject to the fee. The district
be considered and shall constitute a resi- board's determination of the amount of the
dential dwelling unit. impact fee to be assessed in any one fiscal
(4) For the purpose of this section, motels, ho year shall be based on the requirements set
tels, shopping centers, churches, nursing
forth in this section.
homes, hospitals, congregate living facili- (9) The impact fee for capital improvement
ties (when not part of an actual residence), called for in this section may be reduced by
schools, fraternal lodges, veterans' lodges, 50 percent if the owner of the permitted
or similar type structures shall be consid- structure will install fire sprinklers in ac-
ered commercial structures. cordance with NFPA Pamphlet 13 and 13D.
(5) Impact fees for capital improvement col- Only full sprinkler coverage is applicable
lected by the district pursuant to this sec-
tion shall be kept and maintained as a sep- (10) The board of fire commissioners shall,prior -�
arate fund from other revenues, of the to assessing and collecting said fees, pass a
SA262:66
SPECIAL DISTRICTS § 262-366
resolution by a majority vote authorizing shall be elected as are other county officers to
the collection of said fees subject to a refer- serve for terms of four years. The costs of such
endum of registered voters of the district, election shall be paid from the funds of the dis-
voting in favor of said resolution by a ma- trict.
jority of votes cast. (Laws of Fla. ch. 65-1413, § 10)
(Laws of Fla. ch. 65-1413, § 5; Laws of Fla. ch.
89-456, § 1) Sec. 262.342. Liberal construction.
Editor's note—Laws of Fla. ch. 89-456 was subject to ap-
proval at referendum.The county has advised that the act was This article shall be construed as a remedial act
approved at referendum.As such act stated that§5 was added and shall be liberally construed to promote the
to Laws of Fla. ch. 65-1413, the act has not been treated as purpose for which it is intended.
superseding or amending existing§ 5, given the disparity in (Laws of Fla. ch. 65-1413, § 11)
subject matter.
Sec. 262.340. Finances; payments by trea- Secs. 262-343-262-365. Reserved.
surer;bond;semiannual report.
All warrants for the payment of labor, equip- ARTICLE X. PELICAN BAY
ment, materials and other allowable expenses in- IMPROVEMENT DISTRICT
curred by the board in carrying out the provisions
of this article shall be payable by the treasurer of Sec. 262-366. Created, boundaries.
the board on accounts and vouchers approved by
the board. The treasurer of the board when en- To promote equitable control, orderly and
tering upon his duties shall give a good, and suf quality use and development of the land within
ficient bond to the governor in the sum of the district and to meet the intent of the legisla
$10,000.00 for the faithful performance of his du- ture to best serve the welfare and convenience of
ties. The treasurer shall on or before April 10 and the public and to meet the interest of the public
October 10 of each year make a written semian and quality development consistent with local,re-
nual report of receipts and expenditures of the gional and state planning and policy and to in
funds of the district to the board. He shall furnish sure that the burden and risk of development be
a copy of the report of the board of county corn- only on the developers and any bond investors
missioners. pursuant to any herein authorized financing, a
(Laws of Fla. ch. 65-1413, § 8) special tax district in Collier County, Florida, to
be known as Pelican Bay Improvement District is
Sec. 262-341. Election of board members. hereby created and established and made a body
corporate and political subdivision of the State of
Upon the board of county commissioners having Florida with perpetual succession as limited by
filed a petition requesting an election as provided further provision of this enactment and with legal
in section 9 [not codified] signed by not less than existence only to carry out those purposes, func-
15 freeholders of the district it shall call an elec- tions, powers, and duties specifically set forth by
tion as by law required for holding such elections, further provision of this enactment.
and the election shall be called as soon as practi-
The lands to be included are described as:
cable after the receipt of the petition and shall be
in all respects conducted as provided by law. At All that fractional part of Section 32,lying south
such election three resident freeholders of the dis- of Vanderbuilt Beach Road, and all of section
trict shall be elected as the Marco Island fire con- 33, lying south of Vanderbuilt Beach Road and
trol board, at which election the two candidates west of State Road 45 (U.S. 41); all in Township
receiving the highest and second highest number 48 South, Range 25 East; and also all of Section
of votes shall be elected to serve until the general 4, lying west of State Road 45 (U.S. 41); all frac-
election, 1970, the candidate receiving the third tional parts of Government lots 1 and 2, section
highest shall be elected to serve until the general 5; all fractional parts of Section 8; and all of
election of 1968, and thereafter board members Section 9, lying west of State Road 45 (U.S. 41),
SA262:67
§ 262-366 COLLIER COUNTY CODE
excepting therefrom the south 70 feet of the feet to a point on the mean high water line
southeast one-quarter and the south 70 feet of established May 15, 1968;thence in a north-
the east 158.25 feet of the southwest one- westerly direction along said mean high
quarter; all in Township 49 South, Range 25 water line a distance of 15,716± feet;thence
East, said lands situate, lying and being in Col- departing said mean high water line south
Tier County, Florida. 80 degrees 29 minutes 30 seconds east and
along the southerly line of Vanderbuilt
The boundaries of the district which includes Beach Road(State Road 862)as recorded in
said lands are:A tract of land being in portions D.B. 15, P. 121 among said public records a
of Sections 32 and 33,Township 48 South,Range distance of 7385± feet to a point on said
25 East; together with portions of Sections 4, 5, west right-of-way line of U.S.41(State Road
8 and 9, Township 49 South, Range 25 East, 45); thence south 00 degrees 58 minutes 36
Collier County, Florida, and being more partic- seconds east along said west right-of-way
ularly described as follows: line a distance of 2574.36 feet to the point
Commencing at the southeast corner of said of beginning.
section 33;thence south 89 degrees 59 min (Laws of Fla. ch. 74 462, § 1)
utes 50 seconds west along the south line of
Section 33 a distance of 150.02 feet to a Sec. 262-367. Definitions.
point on the west right-of-way line of U.S.
41 (State Road 45),said point also being the Unless the context shall indicate otherwise,the
point of beginning; thence southerly along following words as used in this article shall have
the west right-of-way line of said U.S. 41 the following meanings.
(State Road 45)the following courses: south (1) Assessable improvements means, without
00 degrees 58 minutes 36 seconds east a limitation,any and all public improvements
distance of 2.49 feet; thence south 00 de and community facilities that the district
grees 55 minutes 41 seconds east a distance is empowered to provide in accordance with
of 3218.29 feet; thence south 01 degrees 00 this article.
minutes 29 seconds east a distance of
3218.56 feet; thence south 00 degrees 59 (2) Bond includes "certificate," and provisions
minutes 03 seconds east a distance of applicable to bonds shall be equally appli-
2626.21 feet; thence south 01 degrees 00 cable to certificates. "Bond" includes gen-
minutes 18 seconds east a distance of eral obligation bonds,assessment bonds,re-
2555.75 feet to a point on the north right- funding bonds, revenue bonds and such
of-way line of Pine Road as recorded in D.B. other obligations in the nature of bonds as
50, P. 490, among the public records of said are provided for in this article as the case
Collier County; thence departing said U.S. may be.
41 (State Road 45)south 89 degrees 09 min-
utes 45 seconds west along said north right-
of-way (3) Board means the board of supervisors of
line a distance of 2662.61 feet;thence the Pelican Bay Improvement District,or if
south 00 degrees 51 minutes 44 seconds east such board shall be abolished, the board,
a distance of 70.00 feet to a point on the body or commission succeeding to the prin-
north line of Seagate Unit One as recorded cipal functions thereof or to whom the
in Plat Book 3, page 85 among said public powers given by this article to the board
records; thence south 89 degrees 09 min shall be given by law.
utes 45 seconds west along said north line (4) Cost, when used with reference to any
of Seagate Unit One and the south line of project, includes but is not limited to, the
said Section 9 a distance of 2496.67 feet to expenses of determining the feasibility or
the southwest corner of said Section 9; practicability of acquisition,construction or
thence continue south 89 degrees 09 min- reconstruction; the cost of surveys, esti-
utes 45 seconds west a distance of 225 mates, plans and specifications; the cost of
SA262:68
SPECIAL DISTRICTS § 262-367
acquisition, construction or reconstruction; owners of condominium units; it does not
the cost of surveys, estimates, plans and include reversioners, remaindermen, or
specifications;the cost of improvements,en- mortgagees, who shall not be counted and
gineering, fiscal and legal expenses and need not be notified of proceedings under
charges;the cost of all labor,materials,ma- this article.
chinery and equipment; cost of all lands,
properties,rights,easements and franchises (8) Project means any development, improve
en-
acquired;financing charges,the creation of ment, property, utility, facility, works,
initial reserve and debt service funds; terprise, or service, now existing or here-
working capital; interest charges incurred after undertaken or established, under the
or estimated to be incurred on money bor provisions of this article.
rowed prior to and during construction and (9) Sewer system means any plant, system, fa-
acquisition and for such reasonable period cility or property and additions, extensions
of time after completion of construction or and improvements thereto at any future
acquisition as the board may determine;the time constructed or acquired as part thereof
cost of issuance of bonds pursuant to this useful or necessary or having the present
act including advertisements and printing, capacity for future use in connection with
the cost of any election held pursuant to the collection,treatment,purification or dis-
this act and all other expenses of issuance posal of sewage, including without limita-
of bonds; discount, if any, on the sale or tion industrial wastes resulting from any
exchange of bonds;administrative expenses; process of industry, manufacture, trade or
such other expenses as may be necessary or business or from the development of any
incidental to the acquisition, construction natural resources;and,without limiting the
or reconstruction of any project or to the generality of the foregoing, shall include
financing thereof,or the development of any treatment plants,pumping stations,lift sta-
lands within the district; and reimburse- tions, valves, force mains, intercepting
ment of any public or private body, person sewers, laterals, pressure lines, mains and
or firm or corporation for any monies ad- all necessary appurtenances and equip-
vanced in connection with any of the fore- ment, all sewer mains, laterals and other
going items of cost. Any obligation or ex- devices for the reception and collection of
pense incurred prior to the issuance of bonds sewage from premises connected therewith,
in connection with the acquisition,construc- and all real and personal property and any
tion, or reconstruction of any project or im- interest therein,rights,easements and fran-
provement thereon, or in connection with chises of any nature whatsoever relating to
any other development of land that the any such system and necessary or conve-
board of the district shall determine to be nient for operation thereof.
necessary or desirable in carrying out the
purposes of this act, may be treated as a (10) Water management and control facilities
part of such cost. means any lakes,canals,ditches,reservoirs,
dams, levees, sluiceways, floodways,
(5) District means the Pelican Bay Improve- pumping stations or any other works,struc-
ment District and "district manager" tures,or facilities for the conservation,con-
means the manager of the district. trol, development, utilization and disposal
(6) Elector means a voter or qualified elector of water, and any purposes appurtenant,
(under F.S. §97.021(5)),who resides within necessary or incidental thereto, and in
the district. cludes all real and personal property and
any interest therein,rights,easements and
(7) Landowner means the owner of the free- franchises of any nature relating to any
hold estate, as appears by the deed record, such water management and control facil-
including trustees,private corporations,and ities or necessary or convenient for the ac-
SA262:69
§ 262-367 COLLIER COUNTY CODE
quisition, construction, reconstruction, op- Tuesday following such election.The president and
eration or maintenance thereof. secretary of the district, as of October 1, 1984,
(11) Water system means any plant, system, fa- shall remain in office until November, 1986. On
cility or property and additions, extensions the first Tuesday after the first Monday in No-
and improvements thereto at any future umber, 1986, there shall be an election by the
time constructed or acquired as part thereof, qualified electors within the district for the pur
useful or necessary or having the present pose of electing two supervisors. The two candi-
capacity for future use in connection with dates receiving the highest number of votes shall
the development of sources, treatment, or be elected for a term of four years commencing on
purification and distribution of water and, the second Tuesday following such election.There
without limiting the generality of the fore- shall be an election of supervisors of the district
going, includes dams, reservoirs, storage every two years thereafter on the first Tuesday
tanks, mains, lines, valves, pumping sta after the first Monday in November. In calendar
tions, laterals, and pipes for the purpose of years ending in the numbers 4 and 8, three su
carrying water to the premises connected pervisors shall be elected for a term of four years
with such system,and all rights,easements each, and in calendar years ending in the num-
and franchises of any nature whatsoever bers 2, 6 and 0, two supervisors shall be elected
relating to any such system and necessary for a term of four years each. The term of office of
or convenient for the operation thereof. any elected supervisor shall commence on the
(Laws of Fla. ch. 74-462, § 2; Laws of Fla. ch. second Tuesday following such election.
77-531, § 1; Laws of Fla. ch. 82-280, § 1) Elections held pursuant to this subsection shall
be conducted in the manner prescribed by law for
Sec. 262.368. Governing board. holding general elections.
(a) The governing board of the district shall con- Candidates seeking election to office shall con-
sist of five persons known as supervisors. The duct their campaigns in accordance with the pro-
members of the board shall be qualified electors visions of F.S. ch. 106. Candidates shall file peti-
residing within the district. The following named tions, and take the oath required in F.S. § 99.021,
individuals are declared to be the first board of with the supervisor of elections of Collier County,
supervisors: Florida.
Chester Lanning The supervisor of elections shall appoint the in-
Viola "Harold" Barclay spectors and clerks of elections, prepare and fur-
nish the ballots,designate polling places,and can-
Salvastore C. Scuderi vass the returns of the election. The board of
Douglas G. Brown county commissioners shall declare and certify the
results of the election.
Robert Diefinthaler
The county registration books shall be used to
who have been approved by the Collier County determine eligible voters, and absentee ballots
commission. shall be available as provided by law.
The above named or their appointed successors (b) In case of a vacancy in the office of a super-
shall hold office until their successors are duly visor, the remaining supervisors shall fill the va-
elected and qualified. On the first Tuesday after cancy by appointment for the remainder of the
the first Monday in November, 1984, there shall unexpired term.
be an election by the qualified electors within the
district for the purpose of electing three supervi- (c) As soon as practicable after each election,
sors of the district. The three candidates receiving the board shall organize by choosing one of their
the highest number of votes shall be elected for a number president of the board and by electing a
period of four years commencing on the second secretary,who need not be a member of the board.
SA262:70
SPECIAL DISTRICTS § 262-369
(d) A majority of the board shall be necessary ercise of its sound discretion. The advisory corn-
to constitute a quorum. mittee shall be appointed by and shall serve at
(e) The board shall keep a permanent record the discretion of the board or as required by gen-
book entitled Record of Proceedings of Pelican Bay eral law. Advisory committee members shall set
Improvement District, in which shall be recorded the time and place of their meetings and shall
minutes of all meetings, resolutions,proceedings, receive no compensation, per diem or expenses.
certificates,bonds given by all employees,and any (Laws of Fla. ch. 74-462, § 3; Laws of Fla. ch.
77-531, § 2; Laws of Fla. ch. 78-492, § 1; Laws of
and all corporate acts,which book shall at all rea-
Fla. ch. 82-280, § 2)
sonable times be opened to the inspection in ac-
Code reference—Boards,commissions,committees and au-
cordance with and subject to F.S. ch. 119, and thorities, § 2-816 et seq.
such other persons as the board may determine to
have a proper interest in the proceedings of the
board. Such record book shall be kept at any office Sec. 262.369. Succession.
or other regular place of business maintained by
the board in the county. It is the intent of the legislature that at such
(f) Compensation of board. Each supervisor shall time as:
be entitled to receive for his services an amount (1) The utility improvement or development fa-
not to exceed $100.00 per month or an amount cilities works or systems authorized by the
established by the electors at a referendum, pro- article have been constructed and estab-
vided that such referendum may only be held in lished as being functional and productive;
connection with a general election. In addition, and
each supervisor shall receive travel and per diem
expenses as set forth in F.S. § 112.061. (2) The county or any countywide district and
the guarantor of any bonded indebtedness
(g) The board shall adhere to all the provisions incurred pursuant to the provisions of this
of F.S. ch. 286, also known as the Florida Govern- article, effect a mutual agreement; and
ment in the Sunshine Law, and the board shall
affirmatively and timely and orderly provide for (3) In any and all events, the legal and equi
reasonable public notice and disclosure of all the table rights, powers, and interests of each
specific functions the board exercises in adminis and every bondholder and any and all bond
tering the statutory powers and purposes and du financing procedures authorized specifically
ties to which the district is limited, said notice by this article have been maintained invi
and disclosure to be for the benefit and informa olate and shall remain inviolate so long as
tion of all residents of the City of Naples and Col they exist in law or equity and pursuant to
lier County. terms and provisions of those certain bond
sale agreements applicable thereto; and
(h) Advisory committee. Certain lands within (4) The county commission of Collier County,
the boundaries of the district have been desig in its sole discretion, and pursuant to ap-
nated in the plan approved by the Southwest plicable legal authority decides to either:
Florida Regional Planning Council and other lands
may in the future be designated for preservation, a. Declare that the district to be merged
conservation and recreational purposes. A three- into a regional or countywide district,
person advisory committee is hereby created to upon the affirmative consent of the ma-
make recommendations to the board on the types jority of the electors of the said regional
of activities, construction, use, maintenance, etc., or countywide district, or in the alter-
of the lands designated for preservation, conser- native, or
vation, and recreational purposes. All recommen- b. To declare itself as the county commis-
dations of the advisory committee shall be consid- sion to succeed to the powers, rights,
ered by the board who may, for good cause shown, duties,functions,and obligations of the
reject or modify such recommendations in the ex- district, the board of supervisors shall
SA262:71
§ 262-369 COLLIER COUNTY CODE
abide with such declaration by the provide for machines, materials and equip-
county. ment for any purpose authorized by this
(Laws of Fla. ch. 74-462, § 4) article; and to contract for the purchase,
construction, operation, maintenance, use,
Sec. 262-370. Powers. sale, conveyance and transfer of the said
machinery, materials and equipment.
The district shall have, and the board may ex-
ercise, any or all of the powers necessary or con-
venient to carry out and effectuate the purposes of structed or enlarged any and all bridges or
this article, including the following powers: culverts that may be needed in the district,
across any drain, ditch, canal, floodway,
(1) To contract and be contracted with; to sue holdingbasin,
and be sued in the name of the district; to excavation, c road-
tract, grade, fill or cut; to construct road-
adopt and use a seal; to acquire by pur- ways over levees and embankments;to con-
chase, gift, devise, eminent domain(except struct any and all of said works and im-
as limited herein), or otherwise, property, provements across, through, or over any
real or personal, or any estate therein, public right-of-way, highway, grade, fill or
within the district,to be used for any of the cut in the district.
purposes of this article.
(2) To adopt water management and control (7) To hold, control and acquire by donation,
plans and to establish, construct, operate purchase or condemnation, any easement,
and maintain a system of lakes, main and reservation, or dedication in the district,
lateral canals,drains,ditches,levees,dikes, for any of the purposes herein provided. To
dams, sluice, locks, revetments, reservoirs, condemn lands within the district as pro-
holding basins, floodways, pumping sta vided by F.S. chs. 73 and 74, or acquire, by
tions, syphons, culverts, and storm sewers purchase or grant for the use in the district
any land or property within the district nec-
to provide water management and control essary for the purposes of this article.
systems for the lands within the district
and to connect some or any of them with (8) To assess and impose upon lands in the dis-
roads and bridges as in the judgment of the trict ad valorem taxes, benefits taxes and
board is deemed advisable to provide access maintenance taxes as hereinafter provided.
to such facilities. (9) To impose and foreclose special assessments
(3) To acquire and maintain appropriate sites liens as hereinafter provided.
for storage and maintenance of the equip (10) To prohibit, regulate and restrict by appro-
ment of the district; to acquire and main priate resolution all structures, materials,
tain and construct a suitable building to things, whether solid, liquid, or gas,
house the office and records of the district. whether permanent or temporary in na-
(4) To borrow money and issue bonds, certifi- ture, which come upon, come into, connect
cates, warrants, notes, or other evidences to or be a part of any facility owned or op-
of indebtedness, of the district as herein- erated by the district, limited to water,
after provided; to levy such tax and special sewer or surface water management.
assessments as may be authorized; and to
charge, collect, and enforce fees and other (11) To administer and provide for the enforce-
user charges. ment of all of the provisions herein, in-
cluding the making, adopting, promul-
(5) To build and construct any other works and gating, amending and repealing of all rules
improvements deemed necessary to pre- and regulations necessary or convenient for
serve and maintain the works in the dis- the carrying out of the duties, obligations
trict, to acquire, construct, operate, main- and powers conferred on the district cre-
tain,use,sell,convey,transfer or otherwise ated hereby.
SA262:72
SPECIAL DISTRICTS § 262-370
(12) To cooperate with or contract with other current within the boundaries of the dis-
special tax districts or other governmental trict with other public bodies, agencies, or
agencies as may be necessary convenient, authorities as may be authorized by law.
incidental or proper in connection with any The district shall be eligible to receive
of the powers, duties or purposes of the dis- monies,disbursements and assistance from
trict as stated in this article. the state or federal government available
(13) To employ engineers,attorneys,agents,em- for any of the projects authorized by this
ployees, and representatives as the board article.
of supervisors may from time to time deter- (19) To own, acquire, construct, reconstruct,
mine necessary and to fix their compensa- equip, operate, maintain, extend and im-
tion and duties. The board shall also have prove water systems and sewer systems or
the power to apply for coverage of its em- combined water and sewer systems; to reg-
ployees under the state retirement system ulate the use of sewers and the supply of
in the same manner as if such employees water within the district and to prohibit or
were state employees, subject to necessary regulate the use and maintenance of out-
action by the district to pay employer con- houses, privies, septic tanks or other sani-
tributions into the state retirement fund. tary structures or appliances within the dis-
(14) To exercise all of the powers necessary,con trict; to prescribe methods of pretreatment
venient, incidental or proper in connection of wastes not amenable to treatment with
with any of the powers, duties or purposes domestic sewage before accepting such
of said district as stated in this article. wastes for treatment and to refuse to ac-
cept such wastes when not sufficiently pre-
(15) To construct, improve and maintain road- treated as may be prescribed, and to pre-
\-- ways and roads necessary and convenient scribe penalties for the refusal of any person
to provide access to water, sewer and sur- or corporation to so pretreat such wastes;to
face water management facilities. sell or otherwise dispose of the effluent,
(16) To make use of any public easements, ded sludge or other by-products as a result of
ications to public use, platted reservations sewage treatment; and to construct and op
for public purposes, within the boundaries erate connecting, intercepting or outlet
of the district. sewers and sewer mains and pipes and
water mains,conduits or pipelines in,along
(17) To lease as lessor or lessee to or from any or under any street, alleys, highways, or
person, firm, corporation, association or other public places or ways within the dis-
body, public or private, any projects of the trict, when deemed necessary or desirable
type that the district is authorized to un- by the board. The plans for any water or
dertake and facilities or property of any na- sewer system shall be subject to the ap-
ture for the use of the district to carry out proval of state agencies when required by
any of the purposes of this article. law.
(18) To regulate the supply and level of water (20) To issue general obligation bonds, revenue
within the district; to divert waters from bonds,assessment bonds or any other bonds
one area, lake, pond, river or stream,basin or obligations authorized by the provisions
and water control facility to another;to reg- of this article or any other law, or any corn-
ulate control and restrict the development bination of the foregoing, to pay all or part
and use of natural or artificial streams or of the cost of the acquisition, construction,
bodies of water, lakes or ponds; and to take reconstruction, extension, repair, improve-
all measure determined by the board to be ment, maintenance or operation of any
necessary or desirable to prevent or alle- project or combination of projects, to pro-
viate land erosion. The powers granted to vide for any facility, service or other ac-
L� the district by this subsection shall be con- tivity of the district and to provide for the
SA262:73
§ 262-370 COLLIER COUNTY CODE -�
retirement or refunding of any bonds or ob- vice for the district, to acquire by purchase,
ligations of the district, or for any combi- gift, devise, lease or by means other than
nation of the foregoing purposes. eminent domain,property,real or personal,
or any estate therein, equipment, fran-
Bonds may be authorized by resolution of chises,easements,public or private,and fa-
the board of supervisors at any regular or cilities outside of the boundaries of the dis-
special meeting and such resolution may trict; to construct, operate and maintain
provide that the bonds be issued at one time wells, pumping stations, pipelines, sewers,
or in blocks from time to time as provided sewer mains, conduits and any other facil
in such resolution. ities outside of the boundaries of the dis
(21) To own, acquire, construct, reconstruct, trict necessary to acquire and supply water
equip, operate, maintain, extend, improve to and sewer services for the district for use
and provide access to parks, playgrounds, therein; to acquire and utilize public and
picnic grounds, camping facilities, docks, private easements outside of the bound
boating and fishing facilities, bathing
aries of the district; and to take any other
beaches and other water recreation facili action outside the district reasonably nec-
ties. essary to the acquisition and supplying of
water to and sewer service for the district.
(22) To build, install, maintain and operate (27) To borrow money, issue bonds, certificates,
streetlights. y>
warrants, notes, or other indebtedness of
(23) To own, acquire, construct, reconstruct, the district, and expend funds for the ac-
equip, operate, maintain, extend and im- quisition, financing, construction, opera-
prove parking facilities, to install or cause tion, and maintenance of the property, real
to be installed parking meters on or near or personal, or any estate therein, equip-
the curbs of streets, roads and other public ment, franchises, easements, public or pri-
ways within the district, and to adopt such vate, wells, pumping stations, pipelines,
regulations and impose such charges in con- sewers,sewer mains,conduits and other fa-
nection with any parking facilities and cilities set forth in subsection (26) hereof
parking meters as the board of supervisors outside of the boundaries of the district rea-
may deem necessary or desirable.Any con- sonably necessary for the acquisition and
struction on county right-of-way is subject supply of water to and sewer service for the
to approval of the board of county commis- district.
sioners. (28) To plan, establish, acquire, construct or re-
(24) To preserve,conserve and maintain the des- construct,enlarge or extend,equip,operate,
ignated property for the purposes set forth and maintain systems and facilities for the
in subsection 262-369(h) hereof to charge following:
user fees and to take any action necessary, a. District roads equal to or exceeding the
including the filing of lawsuits, to achieve specifications required by local govern-
the purposes of this article. ment having jurisdiction.
(25) The provisions of this article shall be strictly b. Security and school buildings and re-
construed. None of the powers granted in lated structures for use in the security
this act shall usurp any permitting require- and educational system when autho
ments of the county, state or federal gov-
ernments in any area but particularly in which may be leased, sold, or donated
the areas of the environment of the coastal to the appropriate authority. Any
area of Collier County. school building or related structure for
use in the educational system shall
(26) For the limited purpose of the acquisition have prior approval of the Collier
and supplying of water to and sewer ser- County school board.
SA262:74
SPECIAL DISTRICTS §262-374
c. Control and elimination of mosquitoes trict shall prepare a proposed budget to be sub-
and other arthropods of public health mitted to the board for their approval. The
importance. proposed budget shall include an estimate of all
(Laws of Fla. ch. 74-462, § 5; Laws of Fla. ch. necessary expenditures of the district for the en-
77-531, § 3; Laws of Fla. ch. 78-492, § 1; Laws of suing fiscal year and an estimate of income to the
Fla. ch. 82-280, § 1) district from the taxes and assessments provided
in this act. The board shall consider the proposed
Sec. 262-371. Treasurer; depositories; fiscal budget item by item and may either approve the
agent. budget as proposed by the district manager or
modify the same in part or in whole. The board
(a) The board shall designate a person who is a shall indicate their approval of the budget by res-
resident of Florida and duly qualified elector of olution, which resolution shall provide for a
Collier County as treasurer of the district, who hearing on the budget as approved. Notice of the
shall have charge of the funds of the district.Such hearing on the budget shall be published in a news-
funds shall be disbursed only upon the order of or paper in general circulation within the district in
pursuant to the resolution of the board by war- Collier County, Florida, once a week for two con-
rant or check signed by the treasurer, or by such secutive weeks; providing that the first publica-
other person as may be authorized by the board. tion shall not be less than 15 days prior to the
The board may give the treasurer such other or date of the hearing. The notice shall further con-
additional powers and duties as the board may tain a designation of the date, time and place of
deem appropriate, and fix his compensation. The the public hearing. At the time and place desig-
board may require the treasurer to give a bond in nated in the notice,the board shall hear all objec-
such amount, on such terms and with such sure- tions to the budget as proposed, and make such
ties as may be deemed satisfactory to the board to changes as the board deems necessary.At the con-
secure the performance by the treasurer of his clusion of the budget hearing the board shall, by
powers and duties. The financial records of the resolution, adopt the budget as finally approved
board shall be audited at least once a year. by the board.
(b) The board is authorized to select for depos (Laws of Fla. ch. 74-462, § 8)
itories for funds of the board any banking corpo-
ration or trust company within or without the State Sec. 262.374. Water management and control
of Florida, upon such terms and conditions as to plans; proceedings thereof.
the payment of interest by such depository upon
the funds so deposited as the board may deem just The board may proceed to adopt water manage-
and reasonable. ment and control plans as follows:
(c) The board may employ a fiscal agent to per- (1) The board shall cause to be made by the
form such duties and services at such rate of com- chief engineer or such other engineer or en-
pensation as the board may determine. gineers as the board may employ for that
(Laws of Fla. ch. 74-462, § 6) purpose,complete and comprehensive water
management and control plans for the lands
Sec. 262-372. Seal. located within the district that will be im-
proved in any part or in whole by any
The official seal of the district shall bear the system of facilities that may be outlined
legend Pelican Bay Improvement District, Collier and adopted, and shall make a report in
County, Florida, Seal, Established 1974. writing to the board with maps and profiles
(Laws of Fla. ch. 74-462, § 7) of said surveys, and an estimate of the cost
of carrying out and completing the plans.
Sec. 262.373. Annual budget.
(2) Upon the completion of such plan,the board
Prior to August 15 of each year, after this ar- shall hold a hearing thereon to hear objec-
tide is effective, the district manager of the dis- tions thereto and shall give notice of the
SA262:75
§ 262-374 COLLIER COUNTY CODE
time and place fixed for such hearing by within the fourth degree of consanguinity
publication once each week for two consec- to any person owning land in said district.
utive weeks in a newspaper published in A majority of said commissioners shall con-
Collier County of general circulation in the stitute a quorum and shall control the ac-
district, and shall permit the inspection of tion of the commissioners on all questions.
said plan at the office of the district by all (7) Immediately upon the filing of said order of
persons interested. All objections to said appointment, the secretary of the district
plan shall be filed at or before the time fixed shall notify each of said commissioners of
in said notice for the hearing and shall be his appointment,and in the said notice shall
in writing. state the time and place for the first meeting
(3) After said hearing the board shall consider of said commissioners. The secretary of the
the proposed plan and any objections district, or his deputy, shall attend such
thereto, and may modify, reject or adopt meeting and shall furnish to said commis-
the plan, or may continue the hearing to a sioners a complete list of lands embraced in
day certain for further consideration of the the district, or adjacent thereto, that will
proposed plan or modifications thereof. be affected by the execution of the plan.
(4) When the board shall approve a plan a res The secretary shall also furnish to the corn-
missioners
olution shall be adopted and a certified copy a copy of the plan and such other
thereof shall be filed in the office of the papers, documents and information as the
secretary and by him incorporated into the commissioners require. The commissioners
records of the district. at the meeting shall each take and sub-
scribe to an oath that he will faithfully and
(5) The water management and control plan impartially discharge his duties as such
may be altered in detail from time to time commissioner and make a true report of the
until the appraisal record herein provided work performed by such commissioners,and
is filed, but not in such manner as materi- shall elect one of their number chairman.
ally to effect the conditions of its adoption. The secretary of the district, or his deputy,
After the appraisal record has been filed no shall be ex officio secretary to the commis-
alterations of the plan shall be made, ex- sioners, and the attorney for the district,
cept as provided by this act. and other agents and employees thereof
(6) Within 20 days after the final adoption of shall cooperate with the commissioners and
the plan by the board, the secretary of the furnish to them such advice,assistance and
district shall prepare and transmit a certi- as they shall require.
Pied copy thereof to the clerk of the circuit (8) Immediately after qualifying as provided
court and at the same time the board shall in the previous paragraph, the commis-
file with said clerk a petition that the said sioners shall commence the performance of
court appoint three commissioners to ap- their duties; the chief engineer, or one of
praise the lands to be acquired for right-of- his assistants, shall accompany said com-
way, holding basins, and other water man- missioners when engaged in the discharge
agement and control works of the district of their duties and shall render his opinion
and to assess benefits and damages accruing in writing when called for. Said commis-
to all lands within the district by reason of sioner shall proceed to view the premises
the execution of the plan.Immediately after and determine the value of the lands within
the filing of such petition the judge of said or without the district to be acquired and
court in whose division the petition shall used for rights-of-way, holding basins, and
have been assigned shall by an order ap- other works described in the plan;they shall
point three commissioners, who shall re- appraise all benefits and damages which ,—.‘
side within Florida, and who shall not be will accrue to all lands by reason of the
landowners in said district, nor of kin execution of the plan. The commissioners
SA262:76
SPECIAL DISTRICTS §262-374
in appraising benefits to lands, public purpose and extent.Wherever so instructed
highway, railroad and other rights-of-way to do by the board, the commissioners shall
shall not consider what benefits will be de- appraise lands which it may be necessary
rived by such property after other ditches, or desirable for the district to own and when
improvements, or other plans shall have so requested by the board they shall also
been constructed, but they shall appraise appraise both the total value of the land
only such benefits as will be derived from and also the damages due to any easement
the construction of the works and improve- required for the purposes of the district.
ments described in the plan. The commis-
sioners shall give due consideration and The report of the commissioners shall be
credit to any other works which have al- signed by at least a majority of the commis-
ready been constructed and which afford sioners and filed in the office of the clerk of
partial or complete protection to any tract the circuit court of Collier County, Florida.
or parcel of land within the district. The Each commissioner shall be paid $100.00
public highways,railroads and other rights- per day for his services and necessary ex-
of-way shall be appraised according to the penses in addition thereto.
increased physical efficiency and decreased (9) Upon the filing of the report of the commis-
maintenance cost of roadways by reason of sioners, the clerk shall give notice thereof
the improvements.The commissioners shall by causing publication to be made once a
have no power to change the plan.The corn- week for two consecutive weeks in a news-
missioners shall prepare a report of their paper published in Collier County, and of
findings, which shall be arranged in tab- general circulation in the district. It shall
ular form, the columns of which shall be not be necessary for the clerk to name the
headed as follows:Column 1,Owner of Prop parties interested, nor to describe separate
�� erty Appraised; Column 2, Description of lots or tracts of land giving said notice,but
Property Appraised; Column 3, Number of
it shall be sufficient to publish the said no
Acres Appraised;Column 4,Amount of Ben-
efits Appraised;Column 5,Amount of Dam- tice in the following form:
ages Appraised;Column 6,Number of Acres "NOTICE OF FILING COMMISSIONERS'
to be Taken for Rights of Way,Holding Ba-
sins, etc.; Column 7, Value of Property to REPORT FOR PELICAN BAY IMPROVE-
be Taken. They shall also by and with the MENT DISTRICT.
advice of the chief engineer, estimate the
cost of the works described in the plan, Notice is hereby given that the Commis-
which estimate shall include the cost of sioners heretofore appointed to appraise
property required for rights-of-way,holding benefits and damages to property and lands
basins, and other works, the probable ex- located within Pelican Bay Improvement
pense of organization and administration District in Collier County, the State of
as estimated by the board of supervisors, Florida and to appraise the cash value of
and all of the expenses of the district during the land necessary to be taken for rights of
the period of executing of the plan. Before way,holding basins and other works of said
appraisals of compensation and damages district did file their report in the office of
are made,the board may report to the com- the undersigned clerk of the circuit court,
missioners the parcels of land it may wish upon the day of ,
to purchase for which it may wish ap- 19_,and you,and each of you,are hereby
praisals to be made,both for easement and notified that you may examine said report
for purchase in fee simple, and the board and file exceptions to same on or before the
may specify the particular purpose and the day of , 19_
extent to which, an easement in any prop- (which date shall not be less than 28 days
erty is desired, describing definitely such
SA262:77
§ 262.374 COLLIER COUNTY CODE -�
nor more than 30 days from the first date of such improvements,with the right and priv-
publication). ilege of paying into court a sum to be fixed
by the circuit court or judge,and proceeding
with the work, before the assessment by
Clerk of the Circuit Court the jury; provided, any person or party in-
of Collier County, Florida terested may prosecute and appeal pursuant
The state department of natural re- to general law in the manner and within
sources,Collier County commission,the dis-
trict,or any owner of land or other property rules.
to be affected by said report, may file ex- The clerk of the circuit court of Collier
ception to any part, or all, of the report of County, shall transmit a certified copy of
said commissioners within the time speci the court decree and copy of the commis
fled in the notice prescribed in the pre-
by report, as confirmed or amended
by the court, to the secretary of the board,
ceding paragraph. All exceptions shall be
heard and determined by the court. If no and such clerk shall receive a fee of$5.00
exceptions are filed, or if it is shown, upon for receiving,filing and preserving same as
the hearing of all of said exceptions, that a permanent record.
the estimated cost of construction of im- (10) The district shall be in compliance with F.S.
provements contemplated in the plan is less ch. 373 and all general and special laws
than the benefits assessed against the lands pertaining to water management.All of the
in said district,the court shall approve and plans and design specifications for water
confirm said commissioners' report; but, if management shall be subject to final ap-
the court upon hearing the objections filed, proval of the Collier County commission. "�
finds that any or all such objections should (Laws of Fla. ch. 74-462, § 9)
be sustained, it shall order the report
changed to conform with such findings,and Sec. 262-375. Adoption, revision and revoca-
when so changed the court shall approve tion of water management and
and confirm such report and enter its de-
control plan.
cree accordingly. The court shall adjudge
and apportion the costs incurred by the ex- The board may at any time and from time to
ceptions filed, and shall condemn any land time adopt, revoke or modify in whole or in part,
or other property, that is shown by the re- subject to the provisions of subsection 262-374(10),
port of the commissioners to be needed for any plan providing for the water control and man-
rights-of-way,holding basins or other works, agement for lands within the district, and may
following the procedure provided in F.S.chs. provide for such new and additional facilities, ca-
73 and 74;provided,however,that any prop- nals, ditches, levees and other works as the board
erty owner may accept the assessment of may determine. In connection with the revision of
damages in his favor made by the commis- any plan or the providing of any new or additional
sioners, or acquiesce in their failure to as- facilities, canals, ditches, levees or other works,
sess damages in his favor,and shall be con- or in the event the total taxes and assessments
strued to have done so, unless he gives the theretofore levied or the funds derived from the
supervisors of the district, on or before the sale of bonds are insufficient to pay the cost of any
time shall have expired for filing excep- works, benefits may be reassessed, additional as-
tions, as provided in this act, notice in sessments made and taxes levied in accordance
writing that he demands an assessment of with the procedures provided in this act.The board
his damages by a jury; in which event the may at any time approve and make effective tech-
supervisors of the district shall institute in nical changes or modifications in any plan not
a court of competent jurisdiction, an action affecting assessed benefits, levy of taxes or the
to condemn the lands and other property security of bondholders. �-....„
that be taken or damaged in the making of (Laws of Fla. ch. 74-462, § 10)
SA262:78
SPECIAL DISTRICTS § 262-378
Sec. 262.376. Assessing land for benefits; ap- trict shall have the power, at any time and from
portionment of tax; lands be- time to time after the issuance of any bonds of the
longing to the state assessed; district shall have been authorized to borrow
tax record. money for the purposes for which such bonds are
After the lists of lands, with the assessed ben- to be issued in anticipation of the receipt of the
efits and the decree and judgment of the court, proceeds of the sale of such bonds and to issue
have been filed in the office of the clerk of the bond anticipation notes in a principal sum not in
circuit court as provided in subsection 262-374(8), excess of the authorized maximum amount of such
then the board shall, without any unnecessary bond issue. Such notes shall be in such denomi
delay, levy a tax of such portion of said benefits, nation or denominations,bear interest at such rate
on all lands in the district to which benefits have as the board may determine not to exceed ten per-
been assessed, as may be found necessary by the cent per annum, mature at such time or times not
board of supervisors to pay the costs of the com later than five years from the date of issuance,
pletion of the proposed works and improvements, and be in such form and executed in such manner
as shown in said water management and control as the board shall prescribe. Such notes may be
plan and in carrying out the objects of said dis- sold at either public or private sale, or if such
trict; and in addition thereto, ten percent of said notes shall be renewal notes, may be exchanged
total amount for emergencies. The said tax shall for notes then outstanding on such terms as the
be apportioned to and levied on,each tract of land board shall determine. Such notes shall be paid
in said district in proportion to the benefits as from the proceeds of such bonds when issued. The
sessed,and not in excess thereof;and in case bonds board may in its discretion, in lieu of retiring the
are issued, as provided in this chapter, a tax shall notes by means of bonds, retire them by means of
be levied in a sum equal to the principal of said current revenues or from any taxes or assess
bonds.The amount of bonds to be issued for paying ments levied for the payment of such bonds, but
the cost of the works as set forth in the plan shall in such event a like amount of the bonds autho-
be ascertained and determined by the board. The rized shall not be issued.
amount of the interest(as estimated by said board), (Laws of Fla. ch. 74-462, § 12)
which will accrue on such bonds,shall be included State law reference—Maximum rate of interest on gov-
ernment bonds, F.S. §§ 215.84,215.845.
and added to the said tax, but the interest to ac-
crue on account of the issuing of said bonds shall Sec. 262-378. Short-term borrowing.
not be construed as a part of the costs of construc-
tion. The secretary of the board of supervisors, as The district at any time may obtain loans, in
soon as said total tax is levied, shall, at the ex- such amount and on such terms and conditions as
pense of the district, prepare a list of all taxes the board may approve, for the purpose of paying
levied, in the form of a well bound book which any of the expenses of the district or any costs
book shall be endorsed and named "Benefit Tax incurred or that may be incurred in connection
Record of Pelican Bay Improvement District, Col- with any of the projects of the district,which loans
Tier County, Florida," which endorsement shall shall have a term not exceeding two years from
be printed or written at the top of each page of the date of issuance thereof, and may be renew-
said book, and shall be signed and certified by the able for a like term or terms, shall bear such in-
president and secretary of the board, attested by terest as the board may determine, not to exceed
the seal of the district, and the same shall there- ten percent per annum, and may be payable from
after become a permanent record in the office of and secured by a pledge of such funds, revenues,
said secretary. taxes and assessments as the board may deter-
(Laws of Fla. ch. 74-462, § 11) mine,subject however,to the provisions contained
Sec. 262-377. Issuance of bond anticipation in any proceeding under which bonds were there-
tofore issued and are then outstanding. For the
notes. purpose of defraying such costs and expenses, the
In addition to the other powers provided for in district may issue negotiable notes, warrants or
this article and not in limitation thereof, the dis- other evidences of debt payable at such times, to
SA262:79
§ 262-378 COLLIER COUNTY CODE
bear such interest as the board may determine for the method of disbursement thereof with such
not to exceed ten percent per annum, and to be safeguards and restrictions as it may determine.
sold or discounted at such price or prices not less All expenses incurred in carrying out the provi-
than 95 percent of par value and on such terms as sions of such resolution or trust agreement may
the board may deem advisable. The board shall be treated as part of the cost of operation of the
have the right to provide for the payment thereof project to which such trust agreement pertains.
by pledging the whole or any part of the funds, (Laws of Fla. ch. 74-462, § 14)
revenues, taxes and assessments of the district.
The approval of the qualified electors residing in Sec. 262.380. Sale of bonds.
the district shall not be necessary except where
required by the Florida constitution. Bonds may be sold in blocks or installments at
(Laws of Fla. ch. 74-462, § 13) different times,or an entire issue or series may be
State law reference—Maximum rate of interest on gov- sold at one time. Bonds may be sold at public or
ernment bonds, F.S. §§ 215.84, 215.845. private sale after such advertisement, if any, as
the board may deem advisable but not in any event
Sec. 262-379. Trust agreements. at less than 90 percent of the par value thereof,
In the discretion of the board,any issue of bonds together with accrued interest thereon.Bonds may
may be secured by a trust agreement by and be- be sold or exchanged for refunding bonds. Special
tween the district and a corporate trustee or assessment and revenue bonds may be delivered
trustees,which may be any trust company or bank as payment by the district of the purchase price of
having the powers of a trust company within or any project or part thereof, or a combination of
without the state. The resolution authorizing the projects or parts thereof, or as the purchase price
or exchanged for any property, real, personal or
issuance of the bonds or such trust agreement may mixed, including franchises, or services rendered
pledge the revenues to be received from any by any contractor, engineer or other person, all at
projects of the district and may contain such pro one time or in blocks from time to time, in such
visions for protecting and enforcing the rights and manner and upon such terms as the board in its
remedies of the bondholders as the board may ap discretion shall determine. The price or prices for
prove,including without limitation covenants set any bonds sold, exchanged or delivered may be:
ting forth the duties of the district in relation to
the acquisition, construction, reconstructions, im- (1) The money paid for the bonds;
provements, maintenance, repair, operation and (2) The principal amount,plus accrued interest
insurance of any projects, and fixing and revising
of the rates, fees, and charges, and the custody, to the date of redemption or exchange, or
safeguarding and application of all moneys, and outstanding obligations exchanged for re
for the employment of consulting engineers in con funding bonds;
nection with such acquisition,construction,recon- (3) In the case of special assessment or rev-
struction, improvement, maintenance, repair or enue bonds, the amount of any indebted-
operation. It shall be lawful for any bank or trust ness to contractors or other persons paid
company within or without the state which may with such bonds, or the fair value of any
act as a depository of the proceeds of bonds or of properties exchanged for the bonds, as de-
revenues to furnish such indemnifying bonds or termined by the board.
to pledge such securities as may be required by (Laws of Fla. ch. 74-462, § 15)
the district. Such resolution or trust agreement
may set forth the rights and remedies of the bond- Sec. 262-381. Authorization and form of
holders and of the trustees, if any, and may re- bonds.
strict the individual right of action by bondholders.
The board may provide for the payment of the Any general obligation bonds,benefit bonds, or
proceeds of the sale of the bonds and the revenues revenue bonds may be authorized by resolution or
of any project to such officer, board or depository resolutions of the board which shall be adopted by
as it may designate for the custody thereof, and a majority of all the members thereof then in of-
SA262:80
SPECIAL DISTRICTS § 262-385
rice.Such resolution or resolutions may be adopted any bonds which shall become mutilated or be
at the same meeting at which they are intro- lost or destroyed.
duced, and need not be published or posted. The (Laws of Fla. ch. 74-462, § 17)
board may by resolution authorize the issuance of
bonds, fix the aggregate amount of bonds to be Sec. 262-383. Negotiability of bonds.
issued, the purpose or purposes for which the
moneys derived therefrom shall be expended, the Any bond issued under this article or tempo-
rate or rates of interest, not to exceed ten percent rary bond shall, in the absence of an express re-
per annum, the denomination of the bonds, cital on the face thereof that it is nonnegotiable,
whether or not the bonds are to be issued in one or be fully negotiable and shall be and constitute
more series, the date or dates of maturity, which negotiable instruments within the meaning and
shall not exceed 40 years from their respective for all purposes of the law merchant and the laws
dates of issuance, the medium of payment, the of Florida.
place or places within or without the state where (Laws of Fla. ch. 74-462, § 18)
payment shall be made, registration privileges,
redemption terms and privileges(whether with or Sec. 262-384. Defeasance.
without premium), the manner of execution, the
form of the bonds including any interest coupons The board may make such provision with re
to be attached thereto,the manner of execution of spect to the defeasance of the right, title and in
bonds and coupons, and any and all other terms, terest of the holders of any of the bonds and obli
covenants and conditions thereof, and the estab gations of the district in any revenues, funds or
lishment of revenue or other funds. Such autho other properties by which such bonds are secured
rizing resolution may further provide that such as the board deems appropriate and, without lim
bonds may be executed manually or by engraved, itation on the foregoing, may provide that when
lithographed or facsimile signature,provided that such bonds or obligations become due and payable
where signatures are engraved, lithographed or or shall have been called for redemption, and the
facsimile no bond shall be valid unless counter- whole amount of the principal and interest and
signed by an officer designated by appropriate res-
olution of the board. The seal of the district may or obligations then outstanding shall be held in
be affixed, lithographed, engraved or otherwise trust for such purpose, and provision shall also be
reproduced in facsimile on such bonds. In case made for paying all other sums payable in con-
any officer whose signature shall appear on any nection with such bonds or other obligations,then
bonds or coupons shall cease to be such officer and in such event the right, title and interest of
before the delivery of such bonds, such signature the holders of the bonds in any revenues, funds or
or facsimile shall nevertheless be valid and suff`i other properties by which such bonds are secured
cient for all purposes the same as if he had re- shall thereupon cease,determine and become void,
mained in office until such delivery. and the board may apply any surplus in any
(Laws of Fla. ch. 74-462, § 16) sinking fund established in connection with such
State law reference—Maximum rate of interest on gov- bonds or obligations and all balances remaining
ernment bonds, F.S. §§ 215.84, 215.845. in all other funds or accounts other than money
held for the redemption or payment of the bonds
Sec. 262.382. Interim certificates; replace- or other obligations to any lawful purpose of the
ment certificates. district as the board shall determine.
(Laws of Fla. ch. 74-462, § 19)
Pending the preparation of definitive bonds,the
board may issue interim certificates or receipts or Sec. 262-385. Issuance of additional bonds.
temporary bonds, in such form and with such pro-
visions as the board may determine, exchange- If the proceeds of any bonds shall be less than
able for definitive bonds when such bonds shall the cost of completing the project in connection
have been executed and are available for delivery. with which such bonds are issued, the board may
The board may also provide for the replacement of authorize the issuance of additional bonds, upon
SA262:81
§262-385 COLLIER COUNTY CODE
such terms and conditions as the board may pro- project or projects, from any revenue-producing
vide in the resolution authorizing the issuance undertaking or activity of the district, or from
thereof, but only in compliance with the resolu- any other source or pledged security. Such bonds
tion or other proceedings authorizing the issu- shall not constitute an indebtedness of the dis-
ance of the original bonds. trict, and the approval of the qualified electors
(Laws of Fla. ch. 74-462, § 20) shall not be required unless such bonds are addi-
tionally secured by the full faith and credit and
Sec. 262-386. Refunding bonds. taxing power of the district.
The district shall have the power to issue bonds (b) Any two or more projects may be combined
to provide for the retirement or refunding of any and consolidated into a single project, and may
bonds or obligations of the district that at the time hereafter be operated and maintained as a single
of such issuance are or subsequently thereto be- project.The revenue bonds authorized herein may
come due and payable, or that at the time of is- be issued to finance any one or more such projects,
suance have been called or are or will be subject regardless whether or not such projects have been
to call for redemption within ten years thereafter, combined and consolidated into a single project. If
or the surrender of which can be procured from the board deems it advisable, the proceedings au-
the holders thereof at prices satisfactory to the thorizing such revenue bonds may provide that
board.Refunding bonds may be issued at any time the district may thereafter combine the projects
when in the judgment of the board such issuance then being financed or theretofore financed with
will be advantageous to the district. No approval other projects to be subsequently financed by the
of the qualified electors residing in the district district, and that revenue bonds to be thereafter
shall be required for the issuance of refunding issued by the district shall be on parity with the
bonds except in cases where such approval is re- revenue bonds then being issued, all on such '1
quired by the state constitution. The board may terms, conditions and limitations as shall have
by resolution confer upon the holders of such re- been provided, in the proceeding which autho-
funding bonds all rights, powers and remedies to rized the original bonds.
which the holders would be entitled if they con- (Laws of Fla. ch. 74-462, § 22)
tinued to be the owners and had possession of the
bonds for the refinancing of which said refunding Sec. 262-388. General obligation bonds.
bonds are issued, including but not limited to the
preservation of the lien of such bonds on the rev- (a) The district shall have the power from time
enues of any project or on pledged funds, without to time to issue general obligation bonds in an
extinguishment, impairment or diminution aggregate principal amount of bonds outstanding
thereof. The provisions of this article pertaining at any one time not in excess of 35 percent of the
to bonds of the district shall, unless the context assessed value of the taxable property within the
otherwise requires, govern the issuance of re- district as shown on the pertinent tax records at
funding bonds,the form and other details thereof, the time of the authorization of the general obli-
the rights of the holders thereof, and the duties of gation bonds for which the full faith and credit of
the board with respect to the same. the district is pledged.Except for refunding bonds,
(Laws of Fla. ch. 74-462, § 21) no general obligation bonds shall be issued unless
the issuance thereof shall have been approved at
Sec. 262-387. Revenue bonds. an election held in accordance with the require-
ments for such election as prescribed by the con-
(a) The district shall have the power to issue stitution of Florida. Such elections shall be called
revenue bonds from time to time without limita- to be held in the district by the board of county
tion as to amount. Such revenue bonds may be commissioners of the county upon the request of
secured by or payable from the gross or net pledge the board of the district. The expenses of calling
of the revenues to be derived from any project or and holding an election shall be at the expense of
combination of projects, from the rates, fees, or the district and the district shall reimburse the
other charges to be collected from the users of any county for any expenses incurred in calling or
SA262:82
SPECIAL DISTRICTS § 262-390
holding such elections. In the alternative, at the the resolution authorizing the issuance of said gen-
option of the board, the board may make such eral obligation bonds.
other provisions for the registration of such qual- (Laws of Fla. ch. 74-462, § 23)
ified electors and the calling and holding of such
elections as the board may from time to time deem Sec. 262-389. Bonds as legal investment or se-
appropriate. curity.
(b) The district may pledge its full faith and Notwithstanding any provisions of any other
credit for the payment of the principal and in- law to the contrary, all bonds issued under the
terest on such general obligation bonds, and for provisions of this act shall constitute legal invest-
any reserve funds provided therefore, and may ments for savings banks, banks, trust companies,
unconditionally and irrevocably pledge itself to insurance companies, executors, administrators,
levy ad valorem taxes on all taxable property in trustees, guardians and other fiduciaries, and for
the district, to the extent necessary for the pay- any board,body, agency,instrumentality,county,
ment thereof, without limitations as to rate or municipality or other political subdivision of the
amount. state,and shall be and constitute securities which
may be deposited by banks or trust companies as
(c) If the board shall determine to issue general security for deposits of state,county,municipal or
obligation bonds for more than one different pur- other public funds, or by insurance companies as
pose, the approval of the issuance of the bonds for required or voluntary statutory deposits.
each and all such purposes may be submitted to (Laws of Fla. ch. 74-462, § 24)
the electors on one and the same ballot.The failure
of the electors to approve the issuance of bonds for Sec. 262-390. Covenants.
any one or more purposes shall not defeat the ap-
proval of bonds for any purpose which shall be Any resolution authorizing the issuance of bonds
approved by the electors. may contain such covenants as the board may
deem advisable and all such covenants shall con-
(d) In arriving at the amount of general obliga- stitute valid and legally binding and enforceable
tion bonds outstanding and authorized to be is- contracts between the district and the bondholders,
sued under this act and outstanding at any one regardless of the time of issuance thereof. Such
time,there shall be deducted therefrom water rev- covenants may include, without limitation, cove-
enues,sewer revenues,special assessments or any nants concerning the disposition of the bond pro-
combination thereof where the full faith and credit ceeds, the use and disposition of project revenues,
of the district is pledged for the payment of such the pledging of revenues, taxes and assessments,
general obligation bonds; and such water reve- the obligations of the district with respect to the
nues, sewer revenues, special assessments or any operation of the project and the maintenance of
combination thereof shall not be included in any adequate project revenues, the issuance of addi-
computation of the amount of such general obli- tional bonds, the appointment, powers and duties
gation bonds to be issued even though the full of trustees and receivers, the acquisition of out-
faith and credit of the district has been pledged standing bonds and obligations,restrictions on the
for the payment of such general obligation bonds, establishing of competing projects or facilities, re-
to the full extent the board of supervisors makes strictions on the sale or disposal of the assets and
a determination prior to the issuance thereof that property of the district, the priority of assessment
the water revenues, sewer revenues, special as- liens, the priority of claims by bondholders on the
sessments or any combination thereof will be suf- taxing power of the district, the maintenance of
ficient to pay all or any part of the principal of deposits to assure the payment of revenues by
and interest on such general obligation bonds. users of district facilities and services, the discon-
Such determination of the board of supervisors tinuance of district services by reason of delin-
shall be final and conclusive, unless an appeal quent payments, acceleration upon default, the
therefrom is made to a court of competent juris- execution of necessary instruments, the proce-
diction within 20 days after the final passage of dure for amending or abrogating covenants with
SA262:83
§ 262-390 COLLIER COUNTY CODE
the bondholders,and such other covenants as may powers of the district provided herein. No proce-
be deemed necessary or desirable for the security dures or proceedings, publications, notices, con-
of the bondholders. sents, approvals, orders, acts or things by the
(Laws of Fla. ch. 74-462, § 25) board, or any board, officers, commission, depart-
ment, agency or instrumentality of the district,
Sec. 262.391. Validity of bonds; validation other than those required by this act, shall be
proceedings. required to issue any bonds or to do any act or
(a) Any bonds issued by the district shall be perform anything under this article, and the is-
incontestable in the hands of bona fide purchasers suance or sale of bonds pursuant to the provisions
or holders for value and shall not be invalid be- of this act need not comply with the requirements
cause of any irregularity or defects in the proceed of any other law applicable to the issuance or sale
of bonds, except as otherwise provided in this ar-
ings for the issue and sale thereof. Prior to the ticle, and shall not require the consent or ap-
issuance of any bonds,the district may, but is not proval of any other board, officers, commission,
required to publish a notice at least once in a department,agency or instrumentality of the State
newspaper or newspapers published or of general of Florida or any political subdivision thereof. Ex-
circulation in the county and within the district cept as otherwise provided herein, no proceedings
stating the date of adoption of the resolution au or procedures of any character whatever shall be
thorizing such obligations the amount, the max- necessary or required for the issuance of bonds
imum rate of interest and maturity of such obli other than the adoption of an appropriate resolu-
gations, and the purpose in general terms for tion by the board as provided in this article on the
which such obligations are to be issued, and fur district with respect to the issuance and sale of
ther stating that any action or proceeding ques-
bonds shall be in addition and supplemental to
tioning the validity of such obligations or of the the powers conferred by any other law.
proceedings authorizing the issuance thereof, or (Laws of Fla. ch. 74-462, § 27)
of any of the covenants made therein, must be
instituted within 20 days after the first publica-
tion of such notice, or the validity of such obliga-
tions, proceedings and covenants shall not be of district.
thereafter questioned in any court whatsoever. If The State of Florida pledges to the holders of
no such action or proceeding is so instituted within any bonds issued under this act that it will not
such 20 day period then the validity of such obli- limit or alter the rights of the district to own,
gations, proceedings and covenants shall be con- acquire, construct, reconstruct, improve, main-
clusive,and all persons or parties whatsoever shall tain,operate or furnish the projects or to levy and
be forever barred from questioning the validity of collect the taxes, assessments,rentals,rates,fees,
such obligations, proceedings or covenants in any and other charges provided for herein and to ful-
court whatsoever. fill the terms of any agreement made with the
(b) The power of the district to issue bonds under holders of such bonds or other obligations, that it
the provisions of this article may be determined will not in any way impair the rights or remedies
and any of the bonds of the district,maturing over of such holders.
a period more than five years, shall be validated (Laws of Fla. ch. 74-462, § 28)
and confirmed by court decree, under the provi-
sions of F.S. ch. 75, and laws amendatory thereof Sec. 262-394. Ad valorem taxes.
or supplementary thereto. The board shall have the power to levy and as-
(Laws of Fla. ch. 74-462, § 26) sess an ad valorem tax on all the taxable property
Sec. 262-392. Within act furnishes full au- in the district to construct, operate, and maintain
thority for issuance of bonds. assessable improvements; to pay the principal of
and interest on any general obligation bonds of
This act constitutes full and complete authority the district;and to provide for any sinking or other
for the issuance of bonds and the exercise of the funds established in connection with any such
SA262:84
SPECIAL DISTRICTS § 262-399
bonds. The ad valorem tax provided for herein 31st of each year to the tax assessor and shall be
shall be in addition to county and all other ad entered by the tax assessor on the county tax rolls
valorem taxes provided for by law. Such tax shall and shall be collected by the tax collector in the
be assessed, levied, and collected in the same same manner and time as county taxes and the
manner and same time as county taxes. The levy proceeds therefrom paid to the district. The tax
of ad valorem taxes shall be approved by refer- shall be a lien until paid on the property against
endum when required by the state constitution. which assessed and enforceable in like manner as
(Laws of Fla. ch. 74-462, § 29; Laws of Fla. ch. county taxes. If the maintenance is for original
82-280, § 4) construction based upon an apportionment of ben-
efits,the maintenance tax shall be apportioned on
Sec. 262.395. Ad valorem taxes. the same basis of the net assessments of benefits
assessed or accruing for original construction and
The board shall have the power to levy and as- shall not exceed ten percent thereof in any one
sess an ad valorem tax on all the taxable property year. If the maintenance is for other water man-
in the district to pay the principal of and interest agement and control improvements owned, oper-
on any general obligation bonds of the district, to ated or acquired by the district, the amount of
provide for any sinking or other funds established said maintenance tax shall be determined by the
in connection with any such bonds. The ad va- board based upon a report of the chief engineer
lorem tax provided for herein shall be in addition and assessed by the board,upon such lands,which
to county and all other ad valorem taxes provided may be all of the lands within the district bene-
for by law. Such tax shall be assessed, levied and fited by the maintenance thereof, apportioned be-
collected in the same manner and same time as tween the benefited lands in proportion to the ben-
county taxes. efits received by each tract of land.
(Laws of Fla. ch. 74-462, § 29) (Laws of Fla. ch. 74-462, § 31)
�-' Sec. 262-396. Benefit taxes.
Sec. 262-398. Enforcement of taxes.
The board shall annually determine, order and The collection and enforcement of all taxes
levy the annual installment of the total taxes for
bonds issued to finance water management and levied by the district shall be at the same time
control plans which are levied under this article, and in like manner as county taxes and the pro
which shall be due and collected during each year vision of the Florida Statutes relating to the sale
that county taxes are due and collected and said of lands for unpaid and delinquent county taxes,
annual installment and levy shall be evidenced to the issuance, sale and delivery of tax certificates
and certified by the board not later than August for such unpaid and delinquent county taxes, the
31st of each year to the county tax assessor. Said redemption thereof,the issuance to individuals of
tax shall be entered by the county tax assessor on tax deeds based thereon and all other procedures
the county tax rolls and shall be collected by the in connection therewith shall be applicable to the
county tax collector in the same manner and same district to the same extent as if said statutory
time as county taxes and the proceeds thereof paid provisions were expressly set forth herein. All
to the district.The tax shall be a lien until paid on taxes shall be subject to the same discounts as
the property against which assessed and enforce-
county taxes.
able in like manner as county taxes. (Laws of Fla. ch. 74-462, § 32)
(Laws of Fla. ch. 74-462, § 30)
Sec. 262-399. When unpaid tax is delinquent;
Sec. 262-397. Maintenance tax. penalty.
To maintain and preserve the water manage- All taxes provided for in this article shall Be-
ment and control facilities of the district a main- come delinquent and bear penalties on the amount
tenance tax shall be evidenced to and certified by of said taxes in the same manner as county taxes.
the board of supervisors not later than August (Laws of Fla. ch. 74-462, § 33)
SA262:85
§ 262-400 COLLIER COUNTY CODE
Sec. 262.400. Tax exemption. improvements need not be continuous and may be
in more than one locality.The resolution ordering
As the exercise of the powers conferred by this any such improvement may give any short and
act constitute the performance of essential public convenient designation to each improvement or-
functions, and as the projects of the district will dered thereby, and the property against which as-
constitute public property used for public pur sessments are to be made for the cost of such im-
poses, all assets and properties of the district,and provement may give any short and convenient
all bonds issued hereunder and interest paid designation to each improvement ordered thereby,
thereon, and all fees, charges and other revenues
derived by the district from the projects provided and the property against which assessments are
by this article shall be exempt from all taxes by to be made for the cost of such improvement may
the state or by any political subdivision, agency be designated as an assessment district, followed
or instrumentality thereof;provided,however,that by a letter or number or name to distinguish it
from other assessment districts, after which it
any interest, income or profits on debt obligations shall be sufficient to refer to such improvement
issued hereunder shall not be exempt from the and property by such designation in all proceed-
tax imposed by F.S. ch. 220; and any property to ings and assessments, except in the notices re
which provisions of this act apply,which is leased quired by this section.
to a nongovernmental lessee,shall be exempt from
ad valorem taxation only when and to the extent As soon as possible after the passage of such
that the lessee serves or performs a governmental, resolution the engineer for the district shall pre
municipal, or public purpose or function, as de- pare,in duplicate,plans and specifications for each
fined in F.S. § 196.012(5). improvement ordered thereby and an estimate of
(Laws of Fla. ch. 74-462, § 34) the cost thereof. Such cost shall include, in addi-
tion to the items of cost as defined in this act, the
Sec. 262-401. Special assessments. following items of incidental expenses:
The board may provide for the construction or (1) Printing and publishing notices and pro-
reconstruction of assessable improvements as de- ceedings;
fined in subsection 262-367(1),and for the levying
of special assessments upon benefited property for (2) Costs of abstracts of title; and
the payment thereof, under the provisions of this (3) Any other expense necessary or proper in
section. conducting the proceedings and work pro-
Such special assessments may be levied and as vided for in this section, including the es
-
Such in either of the alternate methods provided timated amount of discount, if any, finan-
in subsections (1) and (2) below, and except for cial expenses upon the sale of assessment
such procedure, all the other provisions of this bonds or any other obligations issued here
section and this article shall apply to levy of such under for which such special assessment
special assessments under either subsection(1)or bonds or any other obligations issued here-
subsection (2) hereof. under for which such special assessments
are to be pledged, and interest prior to and
The initial proceeding under subsection (1) or until not more than two years after the com-
subsection (2) of this section shall be the passage pletion of said assessable improvements. If
by the board of a resolution ordering the construc- the resolution shall provide alternative de-
tion or reconstruction of such assessable improve- scriptions of material,nature,character and
ments, indicating the location by terminal points size, such estimate shall include an esti-
and routes and either giving a description of the mate of the cost of the improvement of each
improvements by its material, nature, character such description.
and size or giving two or more descriptions with
the directions that the material, nature, char- The district engineer shall next prepare in du-
acter and size shall be subsequently determined plicate a tentative apportionment of the estimated
in conformity with one of such descriptions. The total cost of the improvement as between the dis-
SA262:86
SPECIAL DISTRICTS §262-401
trict and each lot or parcel of land subject to spe- erty, or that it is, for any default or defect
cial assessment under the resolution, such appor- in the passage or character of the resolu-
tionment to be made in accordance with the tion or the plans or specifications or esti-
provisions of the resolution and in relation to ap- mate, void or voidable in whole or in part,
portionment of cost provided herein for the pre- or that it exceeds the power of the board,
liminary assessment roll. Such tentative appor- shall be made in writing in person or by
tionment of total estimated cost shall not be held attorney,and filed with the secretary of the
to limit or restrict the duties of the engineer in board at or before the time or adjourned
the preparation of such preliminary assessment time of such hearing.Any objections against
roll under subsection (1) hereof. One of the dupli- the making of any assessable improvements
cates of such plans, specifications and estimates not so made shall be considered as waived,
and such tentative apportionment shall be filed and if any objection shall be made and over-
with the secretary of the board and the other du- ruled or shall not be sustained, the confir-
plicate shall be retained by the engineer in his mation of the resolution shall be the final
files, all thereof to remain open to public inspec- adjudication of the issue presented unless
tion. proper steps shall be taken in a court of
competent jurisdiction to secure relief.
(1) If the special assessments are to be levied Whenever any resolution providing for
under this subsection (1) the secretary of the construction or reconstruction of assess-
the board upon filing with him of such able improvements and for the levying of
plans, specification, estimates and tenta- special assessments upon benefited prop-
tive apportionment of cost shall publish erty for the payment thereof shall have been
once in a newspaper published in the county confirmed,and said special assessments are
and of general circulation in the district, a levied under this subsection (1) as herein-
notice stating that at a meeting of the board above provided, or at any time thereafter,
on a certain day and hour, not earlier than the board may issue assessment bonds pay-
15 days from such publication, the board able out of such assessments when collected.
will hear objections of all interested per- Such bonds shall mature not later than two
sons to the confirmation of such resolution, years after the maturity of the last annual
which notice shall state in brief and gen- installment in which said special assess-
eral terms a description of the proposed as- ments may be paid, as provided in subsec-
sessable improvements with the location tion (3) hereof, and shall bear such interest
thereof,and shall also state that plans,spec- as the board may determine not to exceed
ifications, estimates and tentative appor ten percent per annum. Such assessment
tionment of cost thereof are on file with the bonds shall be executed, shall have such
secretary of the board. provisions for redemption prior to matu-
rity, shall be sold in the manner and be
At the time named in such notice, or to subject to all of the applicable provisions
which an adjournment may be taken by the contained in this article applicable to other
board, the board shall receive any objec- bonds, except as the same are inconsistent
tions of interested persons and may then or with the provisions of this section. The
thereafter repeal or confirm such resolu- amount of such assessment bonds for any
tion with such amendments,if any, as may assessable improvement, prior to the con-
be desired by the board and which do not firmation of the preliminary assessment roll
cause any additional property to be spe- provided for in this subsection (1) shall not
daily assessed. exceed the estimated amount of the cost of
such assessable improvements which are to
All objections to any such resolution on be specially assessed against the lands and
the ground that it contains items which real estate of the engineer referred to in
cannot be properly assessed against prop- this section.
SA262:87
§ 262-401 COLLIER COUNTY CODE
After the passage of the resolution autho- factory to the board conditioned for the per-
rizing the construction or reconstruction of formance of the work in accordance with
assessable improvements has been con- such contract. The board shall have the
firmed as provided for above where special right to reject any or all bids, and if all bids
assessments are levied under subsection(1) are rejected the board may readvertise or
or after the final confirmation of the assess- may determine to do the work by the dis-
ment roll where such assessments are levied trict forces without contract.
under subsection (2), the board may pub- Promptly after the completion of the
lish at least once in a newspaper published work, in the case of special assessments
in the county and of general circulation in levied under subsection(1),the engineer for
the district, a notice calling for sealed bids the district, who is hereby designated as
to be received by the board on a date not the official of the district to make the pre-
earlier than 15 days from the first publica- liminary assessment of benefits from as-
tion for the construction of the work,unless sessable improvements,shall prepare a pre-
in the initial resolution the board shall have liminary assessment roll and file the same
declared its intention to have the work done with the secretary of the board which roll
by district forces without contract. The no- shall contain the following:
tice shall refer in general terms to the ex a. A description of abutting lots and par-
tent and nature of the improvements and cels of land or lands which will benefit
may identify the same by the short desig from such assessable improvements
nation indicated in the initial resolution and and the amount of such benefits to each
by reference to the plans and specifications such lot or parcel of land, such lots and
on file. If the initial resolution shall have parcels shall include the property of the
given two or more alternative descriptions
of the assessable improvements as to its ma- county and any school district or other
terial,nature,character and size,and if the political subdivision. There shall also
board shall not have theretofore determined be given the name of the owner of
upon a definite description,the notice shall record of each lot or parcel where prat
call for bids upon each of such descriptions. ticable, and in all cases there shall be
Bids may be requested for the work as a given a statement of the method of as
whole or for any part thereof separately and sessment used by the engineer for de
bids may be asked for any one or more of termining the benefits.
such assessable improvements authorized b. The total cost of the improvements and
by the same or different resolutions, but the amount of incidental expense.
any bid covering work upon more than one The preliminary roll shall be advisory
improvement shall be in such form as to only and shall be subject to the action of
permit a separation of cost as to each im- the board as hereafter provided. Upon the
provement. The notice shall require bid- filing with the secretary of the board of the
ders to file with their bids either a certified preliminary assessment roll, the secretary
check drawn upon an incorporated bank or of the board shall publish at least once in a
trust company in such amount or per- newspaper published in the county and of
centage of their respective bids,as the board general circulation in the district, a notice
shall deem advisable, or a bid bond in like stating that at a meeting of the board to be
amount with corporate surety satisfactory held on a certain day and hour, not less
to the board to insure the execution of a than 15 days from the date of such publi-
contract to carry out the work in accor- cation, which meeting may be a regular,
dance with such plans and specifications adjourned or special meeting, all interested
and insure the filing at the making of such persons may appear and file written objec-
contract, of a bond in the amount of the tions to the confirmation of such roll. Such
contract price with corporate surety satis- notice shall state the class of the assessable
SA262:88
SPECIAL DISTRICTS § 262-401
improvements and the location thereof by vided for the preparation and confirmation
terminal points and route. of the original assessment roll.
At the time and place stated in such no- Pending final confirmation of such spe-
tice the board shall meet and receive the cial assessments in the manner provided in
objections in writing of all interested per- this section(1),the district shall have a lien
sons as stated in such notice. The board on all such lands and real estate after the
may adjourn the hearing from time to time. confirmation of the initial resolution,in the
After the completion thereof the board shall manner provided in this subsection (1).
either annul or sustain or modify in whole (2) The district engineer, under the procedure
or in part the prima facie assessment as provided for in this subsection(2)shall next,
indicated on such roll,either by confirming after the passage of the initial resolution
the prima facie assessment against any or and filing of the plans and estimates of cost
all lots or parcels described therein or by by the district engineer, prepare an assess-
cancelling,increasing or reducing the same, ment roll for the district in duplicate,which
according to the special benefits which the assessment roll shall contain an apportion-
board decides each such lot or parcel has ment of the estimated total cost of the im-
received or will receive on account of such provement as between the district and each
improvement. If any property which may lot or parcel of land subject to the special
be chargeable under this section shall have assessment under the initial resolution,
been omitted from the preliminary roll or if such apportionment to be made in accor-
the prima facie assessment shall not have dance with the provisions of the initial res-
been made against it, the board may place olution. One of the duplicates of said assess-
on such roll an apportionment to such prop- ment roll shall be filed with the secretary
� - erty. The board shall not confirm any as- of the board and the other duplicate shall
sessment in excess of the special benefits to be retained by the district engineer in his
the property assessed and the assessments files, all thereof to remain open to public
so confirmed shall be in proportion to the inspection.
special benefits. Forthwith after such con- Upon the completion and filing of said
firmation such assessment roll shall be de- assessment roll the secretary to the board
livered to the secretary of the board. The shall cause a copy thereof to be published
assessment so made shall be final and con- once in a newspaper published in the county
clusive as to each lot or parcel assessed un- and of general circulation in the district,
less proper steps be taken in a court of corn- together with a notice directed to all prop-
petent jurisdiction to secure relief. If the erty owners interested in said special as-
assessment against any property shall be sessments stating that at a meeting of the
sustained or reduced or abated by the court, board on a certain day and hour,not earlier
the secretary of the board shall note that than 15 days from such publication, the
fact on the assessment roll opposite the de- board sitting as an equalizing board, will
scription of the property affected thereby. hear objections of all interested persons to
The amount of the special assessment the final confirmation of such assessment
against any lot or parcel which may be roll, and will finally confirm such assess-
abated by the court, unless the assessment ment roll or take such action relative
upon all benefited property be abated, or thereto as it deems necessary and advis-
the amount by which such assessment is so able.
reduced, may by resolution of the board be At the time and place named in the no-
made chargeable against the district at tice provided for in the above paragraph,
large; or, at the discretion of the board, a the board shall meet as an equalizing board
new assessment roll may be prepared and to hear and consider any and all complaints
�� confirmed in the manner hereinabove pro- as to said special assessments, and shall
SA262:89
§ 262-401 COLLIER COUNTY CODE -
adjust and equalize the said special assess- ruled or shall not be sustained, the confer-
ments on a basis of justice and right, and mation of the assessment roll shall be the
when so equalized and approved such spe- final adjudication of the issue presented un-
cial assessments shall stand confirmed and less proper steps shall be taken in a court of
remain legal, valid and binding liens upon competent jurisdiction to secure relief.
the properties upon which such special as- All the provisions of subsection (1) not
sessments are made, until paid in accor- inconsistent with this subsection (2) shall
dance with the provisions of this article; apply to the levy of special assessments
provided, however, that upon the comple- under this subsection (2).
tion of such improvements,if the actual cost
of such assessable improvements is less (3) After the assessment roll has been con
than the amount of such special assess- firmed,the board shall publish a notice in a
ments levied, the district shall rebate to newspaper of general circulation in the
the owners of any properties which shall county, once a week for two consecutive
have been specially assessed for such as- weeks,stating that any assessment may be
Paid without interest at the office of the
sessable improvements the difference in the
special assessments as originally made, district, on or before 60 days from the date
of the first publication of the notice. There-
levied and confirmed,and the proportionate after all assessments shall be payable in
part of the actual cost of said assessable equal annual installments,with interest not
improvements as finally determined upon to exceed ten percent per annum from the
the completion of said assessable improve expiration of said 60 days in each of the
ments;and in the event that the actual cost succeeding 20 calendar years at the time or
of said assessable improvements shall be times in each year at which general county
more than the amount of such special as-
sessments confirmed and levied, finally de taxes are payable; provided, however, that
termined upon the completion of said as the district may by resolution fix a shorter
sessable improvements, the proportionate fall due, and any assessment or install
part of such excess cost of such assessable ment not paid when due shall be collect
improvements may be levied against all of able with such interest and with a reason
the lands and properties against which such able attorney's fees and costs, but without
special assessments were originally levied, penalties, by the district by proceedings in
or, in the alternative,the board may, in its a court of equity to foreclose the line of as
discretion, pay such excess cost from any sessments as a lien for mortgages is or may
legally available funds. be foreclosed under the laws of the state;
All objections to any such assessment roll provided that any such proceedings to fore-
on the ground that it contains items which close shall embrace all installments of prin-
cannot be properly assessed against prop- cipal remaining unpaid with accrued in-
erty, or that it is, for any default or defect terest thereon,which installments shall,by
in the passage or character of the assess- virtue of the institution of such proceed-
ment roll or the plans or specifications or ings,immediately become due and payable.
estimate, void or voidable in whole or in Nevertheless, if, prior to any sale of the
part, or that it exceeds the power of the property under decree of foreclosure in such
board, shall be made in writing in person proceedings, payment be made of the in-
or by attorney,and filed with the secretary stallment or installments which are shown
of the board at or before the time or ad- to be due under the provisions of subsec-
journed time of such hearing on the assess- tions (1) and (2) of this section, and by this
ment roll. Any objections against the subsection (3) and all costs, including in-
making of any assessable improvements not terest and reasonable attorney's fees, such
so made shall be considered as waived, and payment shall have the effect of restoring
if any objections shall be made and over- the remaining installments to their orig-
SA262:90
SPECIAL DISTRICTS § 262-402
inal maturities as provided by the resolu- interest on such assessment bonds or other bonds
tion passed pursuant to this subsection (3) or obligations.
and the proceedings shall be dismissed. It The county and each school district and other
shall be the duty of the board to enforce the
prompt collection of assessment by the political subdivision wholly or partly within the
means herein provided, and such duty may district shall be subject to the same duties and
be enforced at the suit of any holder of bonds liabilities in respect of assessments under this sec-
issued under this act in a court of compe tion affecting the real estate of such county,school
tent jurisdiction by mandamus or other ap district or other political subdivision which pri-
vate owners of real estate possess or are subject to
propriate proceedings or action. Not later hereunder,and such real estate of any such county,
than 30 days after the annual installments school district and political subdivision shall be
are due and payable, it shall be the duty of subject to liens for said assessments in all cases
the board to direct the attorney for the dis- where the same property would be subject to such
trict to institute actions within two months liens had it at the time the lien attached been
after such direction to enforce the collec- owned by a private owner, however no lien shall
tion of all special assessments for assess- be foreclosed against any political subdivision or
able improvements made under this sec- agency of the State of Florida. Other legal reme-
tion and remaining due and unpaid at the dies shall remain available.
time of such direction. Such action shall be (Laws of Fla. ch. 74-462, § 35)
prosecuted in the manner and under the
conditions in and under which mortgages Sec. 262-402. Issuance of certificates of in-
are foreclosed under the laws of the state. debtedness based on assess-
It shall be lawful to join in one action the ments for assessable improve-
collection of assessments against any or all ments; assessment bonds.
property assessed by virtue of the same as-
sessment roll unless the court shall deem (a) The board may, after any assessments for
such joinder prejudicial to the interest of assessable improvements are made, determined
any defendant. The court shall allow a rea- and confirmed as provided in section 262-401 issue
sonable attorney's fee for the attorney for certificates of indebtedness for the amount so as-
the district and the same shall be collect- sessed against the abutting property or property
able as a part of or in addition to the costs otherwise benefited, as the case may be, and sep-
of the action.At the sale pursuant to decree arate certificates shall be issued against each part
in any such action, the district may be a or parcel of land or property assessed, which cer-
purchaser to the same extent as an indi- tificates shall state the general nature of the im-
vidual person or corporation, except that provement for which the said assessment is made.
the part of the purchase price represented Said certificates shall be payable in annual in-
by the assessments sued upon the interest stallments in accordance with the installments of
thereon need not be paid in cash. Property the special assessment for which they are issued.
so acquired by the district may be sold or The board may determine the interest to be borne
otherwise disposed of. by such certificates, not to exceed ten percent per
annum, and may sell such certificates at either
All assessments and charges made under the private or public sale and determine the form,
provisions of this section for the payment of all or manner of execution and other details of such cer-
any part of the cost of any assessable improve- tificates. Such certificates shall recite that they
ments for which assessment bonds shall have been are payable only from the special assessments
issued under the provisions of this article,or which levied and collected from the part or parcel of land
have been pledged as additional security for any or property against which they are issued. The
other bonds or obligations issued under this ar- proceeds of such certificates may be pledged for
tide shall be maintained in a special fund or funds the payment of principal of and interest on any
and be used only for the payment of principal or revenue bonds or general obligation bonds issued
SA262:91
§ 262-402 COLLIER COUNTY CODE -�
to finance in whole or in part such assessable im- indebtedness representing such assessment liens,
provement, or, if not so pledged, may be used to are assigned to or deposited in such special fund.
pay the cost or part of the cost of such assessable
improvements. Such assessment bonds or other obligations is-
sued under this section shall bear such interest as
(b) The district may also issue assessment bonds the board may determine not to exceed ten per-
or other obligations payable from a special fund cent per annum,shall be executed,shall have such
into which such certificates of indebtedness re- provisions for redemption prior to maturity, shall
ferred to in the preceding paragraph may be de- be sold in the manner and be subject to all of the
posited;or,if such certificates of indebtedness have applicable provisions contained in this act for rev-
not been issued, the district may assign to such enue bonds, except as the same may be inconsis-
special fund for the benefit of the holders of such tent with the provisions of this section.
assessment bonds or other obligations, or to a All assessment bonds or other obligations is-
trustee for such bondholders,the assessment liens sued under the provisions of this act, except cer-
provided for in this act unless such certificates of tificates of indebtedness issued against separate
indebtedness or assessment liens have been there- lots or parcels of land or property as provided in
tofore pledged for any bonds or other obligations this section shall be and constitute and have all
authorized hereunder.In the event of the creation the qualities and incidents of negotiable instru-
of such special fund and the issuance of such as- ments under the law merchant and the laws of
sessment bonds or other obligations, the proceeds the state.
of such certificates of indebtedness of assessment (Laws of Fla. ch. 74-462, § 36)
liens deposited therein shall be used only for the
payment of the assessment bonds or other obliga Sec. 262.403. Foreclosure of liens.
tions issued as provided in this section. The dis-
trict
trict is hereby authorized to covenant with the Any lien in favor of the district arising under
holders of such assessment bonds or other obliga- this act may be foreclosed by the district by fore-
tions that it will diligently and faithfully enforce closure proceedings in the name of the district in
and collect all the special assessments and in- a court of competent jurisdiction as provided by
terest and penalties thereon for which such cer- general law in like manner as is provided in F.S.
tificates of indebtedness or assessment liens have ch. 173, and amendments thereto, and the provi-
been deposited in or assigned to such fund, and to sions of said chapter shall be applicable to such
foreclose such assessment liens so assigned to such proceedings with the same force and effect as if
special fund or represented by the certificates of said provisions were expressly set forth in this
indebtedness deposited in said special fund, after act. Any act required or authorized to be done by
such assessment liens have become delinquent, or on behalf of a city or town in foreclosure pro-
and deposit the proceeds derived from such fore- ceedings under F.S. ch. 173, may be performed by
closure, including interest and penalties, in such such officer or agent of the district as the board of
special fund, and to make any other covenants supervisors may designate. Such foreclosure pro-
deemed necessary or advisable in order to prop- ceedings may be brought at any time after the
erly secure the holders of such assessment bonds expiration of one year from the date any tax, or
or other obligations. installment thereof,becomes delinquent,however
no lien shall be foreclosed against any political
(c) The assessment bonds or other obligations subdivision or agency of the State of Florida. Other
issued pursuant to this section shall have such legal remedies shall remain available.
dates of issue and maturity as shall be deemed (Laws of Fla. ch. 74-462, § 37)
advisable by the board, provided, however, that
the maturities of such assessment bonds or other Sec. 262.404. Tax liens.
obligations shall not be more than two years after
the due date of the last installment which will be All taxes of the district provided for in this act
payable on any of the special assessments for together with all penalties for default in the pay-
which such assessment liens, or the certificates of ment of the same and all costs in collecting the
SA262:92
SPECIAL DISTRICTS §262-407
same including a reasonable attorney's fee fixed to the clerk of the circuit court of the county
by the court and taxed as cost in the action brought holding such sale, the amount of taxes due to the
to enforce payment,shall from January 1,for each district upon the lands sought to be sold, and the
year the property is liable to assessment and until district shall share in the disbursement of the sales
paid constitute a lien of equal dignity with the proceeds in accordance with the provisions of this
liens for state and county taxes and other taxes of act and under the laws of Florida.
equal dignity with state and county taxes upon (Laws of Fla. ch. 74-462, § 39)
all the lands against which such taxes shall be
levied. A sale of any of the real property within Sec. 262-406. Mandatory use of certain dis-
the district for state and county or other taxes trict facilities and services.
shall not operate to relieve or release the property
so sold from the lien for subsequent district taxes To the full extent permitted by law, the district
or installments of district taxes which lien may be shall require all lands,building and premises,and
enforced against such property as though no such all persons, firms and corporations within the dis-
sale thereof had been made.The provisions of F.S. trict to use the water management and control
§ 192.21 and amendments thereto shall be appli- facilities and water and sewer facilities of the dis-
cable to district taxes with the same force and trict. Subject to such exceptions as may be pro-
effect as if said provisions were expressly set forth vided by the resolutions, rules or bylaws of the
in this article. board, and subject to the terms and provisions of
(Laws of Fla. ch. 74-462, § 38) any resolution authorizing any bonds and agree-
ments with bondholders, no water management
and control facilities or water and sewer facilities
Sec. 262-405. Payment of taxes, redemption shall be constructed or operated within the dis-
of tax liens by the district; trict unless the board gives its consent thereto.
sharing in proceeds of tax sale Said plans and specifications therefor shall be sub-
under F.S. § 194.21. ject to approval by the board of county commis-
(a) The district has the right to (a) pay any de- sinners.
linquent state,county,district,municipal or other (Laws of Fla. ch. 74-462, § 40)
tax or assessment upon lands located wholly or
partially within the boundaries of the district;and Sec. 262.407. Bids required.
(b) redeem or purchase any tax sales certificate No contract shall be let by the board for the
issued or sold on account of any state, county, construction or maintenance of any project autho-
district, municipality or other taxes or assess- rized by this article, nor shall any goods, supplies
ments upon lands located wholly or partially or materials be purchased when the amount
within the boundaries of the district. thereof to be paid by said district shall exceed
(b) Delinquent taxes paid, or tax sales certifi $5,000.00, unless notice of bids shall be adver-
cates redeemed or purchased, by the district, to tised once a week for two consecutive weeks in a
gether with all penalties for the default in pay newspaper published in the county and in general
ment of the same and all costs in collecting the circulation in the district,and in each case the bid
same and a reasonable attorney's fee, shall con- of the lowest responsible bidder shall be accepted,
stitute a lien in favor of the district of equal dig unless all bids are rejected because the bids are
nity with the liens of state and county taxes and too high. The board may require the bidders to
other taxes of equal dignity with state and county furnish bond with responsible surety to be ap
taxes, upon all the real property against which proved by the board. Nothing in this section shall
said taxes were levied. The lien of the district prevent the board from undertaking and per-
may be foreclosed in the manner provided in this forming the construction, operation and mainte
article. nance of any project or facility authorized by this
act,by the employment of labor,material and ma-
(c) In any sale of land pursuant to F.S.§ 194.21, chinery.
and amendments thereto,the district may certify (Laws of Fla. ch. 74-462, § 41)
SA262:93
§ 262-408 COLLIER COUNTY CODE --N\
Sec. 262-408. Maintenance of projects across (b) No such rates,fees,rentals,or other charges
rights-of-way. for any of the facilities or services of the district
The district shall have the power to construct shall be fixed until after a public hearing at which
and operate its projects in, along or under any all the users of the proposed facility or services or
dedications to the public, platted rights-of-way owners,tenants or occupants served or to be served
platted reservations, streets, alleys, highways or thereby and all other interested persons shall have
other public places or ways,and across any drain, an opportunity to be heard concerning the pro
posed rates, fees,rentals, or other charges. Notice
ditch, canal, floodway, holding basin, excavation,
grade, fill or cut, within the district. of such public hearing setting forth the proposed
(Laws of Fla. ch. 74-462, § 42) schedule or schedules of rates, fees, rentals and
other charges shall have been published in a news-
paper in the county and of general circulation in
Sec. 262-409. Agreements with other political the district at least once at least ten days prior to
bodies for the joint discharge such public hearing. The hearing may be ad-
of common functions. journed from time to time.After such hearing such
The board and any other political bodies, schedule or schedules,either as initially proposed,
whether now in existence or hereafter created, or as modified or amended,may be finally adopted.
are authorized to enter into and carry into effect A copy of the schedule or schedules of such rates,
contracts and agreements relating to the common fees, rentals or charges as finally adopted shall be
powers, duties and functions of the board and any kept on file in an office designated by the board
other political bodies, to the end that there may and shall be open at all reasonable times to public
be effective cooperation and coordination in dis- inspection. The rates, fees, rentals or charges so
charging their common functions, powers and du- fixed for any class of users or property served .�
ties. which shall fall in the same class, without the
necessity of any notice of hearing [sic].
The district shall have all the powers provided (c) Such rates, fees, rentals and charges shall
in F.S. ch. 163 pt.I(F.S. § 163.01 et seq.),but shall be just and equitable and uniform for users of the
not have the powers provided in F.S. ch. 163,pts. same class, and where appropriate may be based
II, III, IV, V and VI (F.S. §§ 163.3161 et seq., or computed either upon the amount of service
163.330 et seq., 163.501 et seq., 163.565 et seq., furnished or upon the number of average number
163.701 et seq.). of persons residing or working or otherwise occu-
(Laws of Fla. ch. 74-462, § 43)
pying the premises served,or upon any other factor
affecting the use of the facilities furnished,or upon
Sec. 262.410. Fees,rentals,and charges;pro- any combination of the foregoing factors, as may
cedure for adoption and modi- be determined by the board on an equitable basis.
fications;minimum revenue re-
quirements. (d) The rates,fees, rentals or other charges pre-
scribed shall be such as will produce revenues,
(a) The district is authorized to prescribe, fix, together with any other assessments, taxes, rev-
establish and collect rates, fees, rentals, or other enues or fund available or pledged for such pur-
charges (hereinafter sometimes referred to as pose, at least sufficient to provide for the items
"revenues"), and to revise the same from time to hereinafter listed,but not necessarily in the order
time, for the facilities and services furnished by stated:
the district, within the limits of the district; in-
(1) To provide for all expenses of operation and
cluding but not limited to water management and maintenance of such facility or service;
control facilities, and water and sewer systems,to
recover the costs of making connection with any (2) To pay when due all bonds and interest
district facility or system; and to provide for rea- thereon for the payment of which such rev-
sonable penalties against any user or property for enues are, or shall have been, pledged or
any such rates,fees,rentals, or other charges that encumbered, including reserves for such
are delinquent. purpose; and
SA262:94
SPECIAL DISTRICTS §262-415
(3) To provide for any other funds which may payment of such delinquent fees, rentals or other
be required under the resolution or reso- charges by any other lawful method of enforce-
lutions authorizing the issuance of bonds ment.
pursuant to this article. (Laws of Fla. ch. 74-462, § 46)
(e) The board shall have the power to enter Sec. 262-413. Action taken on consent of
into contracts for the use of the projects of the landowners.
district and with respect to the services and
facilities furnished or to be furnished by the Any action required under this article to be
district. taken at or after public hearing for the purpose of
receiving and passing on objections by landown-
(f) The district shall review with the Collier ers may be taken without such notice or hearing
County commission its proposed rates, fees,rent- upon the written consent of all of the landowners
als or other charges 30 days prior to the holding of affected by such action.
the public hearing as provided in paragraph (b) (Laws of Fla. ch. 74-462, § 47)
above.
(Laws of Fla. ch. 74-462, § 44) Sec. 262-414. Enforcement and penalties.
Sec. 262-411. Recovery of delinquent The board or any aggrieved person may have
charges. recourse to such remedies in law and equity as
may be necessary to ensure compliance with the
In the event that any of the rates,fees,rentals, provisions of this article, including injunctive
charges or delinquent penalties shall not be paid relief to enjoin or restrain any person violating
as and when due and shall be in default for 60 the provisions of this article, and any bylaws,
days or more, the unpaid balance thereof and all resolutions, regulations, rules, codes and orders
interest accrued thereon, together with reason- adopted under this article.In case any building or
able attorney's fees and costs, may be recovered structure is erected, constructed, reconstructed,
by the district in a civil action. altered,repaired,converted or maintained,or any
(Laws of Fla. ch. 74-462, § 45) building structure, land or water is used, in
violation of this act, or of any code, order, resolu-
Sec. 262-412. Discontinuance of service. tion or other regulation made under authority
conferred by this article or under law,the board or
In the event the fees, rentals or other charges any citizen residing in the district may institute
for water and sewer services, or either of them, any appropriate action or proceeding to prevent
are not paid when due, the board shall have the such unlawful erection, construction, reconstruc-
power, under such reasonable rules and regula- tion, alteration, repair, conversion, maintenance
tions as the board may adopt, to discontinue and or use,to restrain, correct or avoid such violation,
shut off both water and sewer services until such to prevent the occupancy of such building, struc-
fees, rentals or other charges, including interest, ture,land or water, and to prevent any illegal act,
penalties and charges for the shutting off and conduct, business or use in or about such pre-
discontinuance and the restoration of such water mises, land or water.
and sewer services or both are fully paid, and for (Laws of Fla. ch. 74-462, § 48)
such purposes may enter on any lands, waters
and premises of any person, firm, corporation or Sec. 262-415. Suits against the district.
body, public or private, within the district limits.
Such delinquent fees, rentals or other charges, No suit or action shall be brought or main-
together with interest, penalties and charges for tained against the district for damages arising
the shutting off and discontinuance and the res- out of tort including without limitation any claim
toration of such services and facilities, and the arising upon account of an act causing a wrongful
reasonable attorney's fees and other expenses, death, unless written notice of such claim is
may be recovered by the district may also enforce within 180 days after receiving the alleged injury
Supp.No. 24 SA262:95
§262-415 COLLIER COUNTY CODE
given to the secretary of the board, with detailed cept Sections 29, 30, 31, and 32, Township 48
specifications as to the time, place and manner of South; Range 28 East, Township 48 South;
injury. No such suit or action shall be brought or Range 29 East,except Sections 1,2,3,4,5,6,7,
maintained unless brought within 24 months 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, and 18,
from the time of the injury or damages. Township 48 South; Range 28 East, except
(Laws of Fla. ch. 74-462, § 49) Sections 4,5,6,7,8,9, 16, 17, 18, 19,20,21,25,
26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36,
Sec. 262-416. Exemption of district prop- Township 49 South; Range 29 East, except
erty from execution. Sections 25,26,27,28,29,30,31,32,33,34,35,
All district property shall be exempt from levy and 36, Township 49 South; all of said lands
and sale by virtue of an execution and no execu being located in Collier County as set forth in
tion or other judicial process shall issue against the public records;
such property,nor shall any judgment against the is hereby created and established as an inde-
district be a charge or lien on its property or pendent fire control and rescue district known as
revenues; provided that nothing herein contained the Big Corkscrew Island Fire Control and Res-
shall apply to or limit the rights of bondholders to cue District. The district's geographic boundary
pursue any remedy for the enforcement of any shall be as set forth in this Act.
lien or pledge given by the district in connection (Laws of Fla. ch. 2000-395, § 3)
with any of the bonds or obligations of the district.
(Laws of Fla. ch. 74-462, § 50) Sec. 262-442. Status and purpose.
Sec. 262-417. Extension of services outside The Big Corkscrew Island Fire Control and
boundaries. Rescue District, an independent special district, --�
Any other provision of this article to the con- is organized and exists for all purposes set forth
trary notwithstanding, the district shall not pro- in this Act and F.S. Chs. 189 and 191.
vide water, sewer, surface water management, (Laws of Fla. ch. 2000 395, § 3)
and other governmental services beyond the bound-
aries of the district. Sec. 262-443. Creation; amendment.
(Laws of Fla. ch. 74-462, § 52; Laws of Fla. ch. The district was created by special act of the
78-492, § 2) legislature in 1977. Its charter may be amended
Secs. 262-418-262-440. Reserved. only by special act of the legisalture.
(Laws of Fla. ch. 2000-395, § 3)
ARTICLE XI. BIG CORKSCREW ISLAND Sec. 262-444. Governing body.
FIRE CONTROL AND RESCUE There shall be a district board to consist of
DISTRICT* three members who are residents of the district
Sec. 262-441. Created, boundaries. who shall constitute the Big Corkscrew Island
Fire Control and Rescue District, to be elected as
All that area of land located in Collier County, provided in F.S. Ch. 191, as it may be amended
Florida, described as: from time to time.
Range 27 East, Township 47 South; Range 28 (Laws of Fla. ch. 2000-395, § 3)
East, Township 47 South; Range 27 East, ex-
Sec. 262-445. Officers.
*Editor's note-Laws of Fla. ch. 2000-395, §3,amended
Art.XI in its entirety to read as herein set out.Former Art.XI, Within 60 days after the election and qualifi-
§§262-441-262-457,pertained to similar subject matter and cation of its members, the board shall meet and
derived from Laws of Fla. ch. 77-535, §§ 1-16, 20; Laws of
Fla.ch.80-487,§ 1;Laws of Fla. ch.85-402,§ 1;Laws of Fla. elect from its membership a president, a secre-
ch.87-512, § 1; Laws of Fla. ch.89-453, § 1;Laws of Fla. ch. tary, and a treasurer, or a secretary-treasurer.
90-444, § 1;Laws of Fla. ch. 91-336, § 1 The district shall have and the board may exer-
Supp.No.24 SA262:96
SPECIAL DISTRICTS §262-482
cise all the general and special powers and duties (b) The methods for assessing and collecting
prescribed in this Act and F.S. Chs. 189 and 191, non-ad valorem assessments, fees, or service
as they may be amended from time to time. charges shall be as set forth in F.S. Chs. 170, 189,
(Laws of Fla. ch. 2000-395, § 3) 191,or 197, as any of these may be amended from
time to time.
Sec. 262-446. Policies and regulations. (c) Requirements for financial disclosure,meet-
The board is authorized to adopt policies and ing notices, reporting, public records mainte-
regulations for the prevention of fire and for fire nance, and per diem expenses for officers and
control in the district, which policies and regula- employees shall be as set forth in F.S. Chs. 112,
tions shall have the same force and effect as law 119, 189, 191, and 286, as they may be amended
ten days after copies thereof, executed by the from time to time.
president and secretary of the board have been (d) The district's planning requirements shall
posted in at least two public places. be as set forth in this Act and F.S. Chs. 189 and
(Laws of Fla. ch. 2000-395, § 3) 191, as they may be amended from time to time.
(Laws of Fla. ch. 2000-395, § 3)
Sec. 262-447. Budget.
Secs. 262-450-262-480. Reserved.
For the purposes of carrying into effect this Act,
the board shall annually prepare, consider, and
adopt a district budget, pursuant to the applica- ARTICLE XII. IMMOKALEE WATER AND
ble requirements of F.S. Ch. 200, as it may be SEWER DISTRICT*
amended from time to time.
(Laws of Fla. ch. 2000-395, § 3) Sec. 262-481. Short title.
This act may be known as the Immokalee
Sec. 262-448. Taxing authority. Water and Sewer District Act.
(Laws of Fla. ch. 78-494, § 1; Laws of Fla. ch.
The district board shall fix and cause to be 98-495, § 2)
levied on all property of said district, real and
personal, a millage sufficient to meet the require- Sec. 262-482. Definitions.
ments of the adopted budget, provided the total
millage shall not exceed 2.0 mills except as pro- Whenever used in this article, unless a differ-
vided by F.S. Ch. 191. ent meaning clearly appears from the context:
(Laws of Fla. ch. 2000-395, § 3) (1) County means Collier County.
Sec. 262-449. Powers and duties. (2) County commissioners means the Board
of County Commissioners of Collier County.
(a) The district shall hold all powers, func- (3) Board means the Board of Commissioners
tions, and duties set forth in F.S. Chs. 189 and of the Immokalee Water and Sewer Dis-
191, as they may be amended from time to time, trict.
regarding ad valorem taxation, bond issuance,
other revenue-raising capabilities, budget prepa (4) Water systems or waterworks means and
includes all plants, systems, facilities, or
ration and approval,liens and foreclosure of liens, properties used or useful, or having the
use of tax deeds and tax certificates as appropri-
ate for non-ad valorem assessments, and contrac-
tual agreements. The district may be financed by tion with the supply, transportation, or
any method established in this Act, F.S. Chs. 189 distribution of water, and any integral
or 191, or any other applicable general or special part thereof,including,but not limited to,
law, as any of these may be amended from time to *State law reference—Water and sewer districts, F.S.
time. § 153.50 et seq.
Supp.No. 24 SA262:97
§262-482 COLLIER COUNTY CODE
water supply systems, water distribution (9) System means and includes a water sys-
systems,reservoirs,wells,intakes,mains, tem or sewer system or any one or more
laterals, aqueducts, pumping stations, thereof.
standpipes, filtration plants, purification (10) District means the Immokalee Water and
plants, hydrants, meters, valves, and all Sewer District created and established in
necessary appurtenances and equipment, Collier County by this Act.
and all properties,rights, easements, and
franchises relating thereto and deemed (11) Bonds mean bonds or revenue certificates
necessary or convenient by the district for or other financial obligations of the dis
the operation thereof. trict which are part or all of an issue of
such obligations issued pursuant to this
(5) Sewage means the water-carried wastes Act.
created in and carried or, to be carried (12) Sewer includes in its meaning the word
away from residences,hotels,schools,hos- sewerage.
pitals,industrial establishments,commer- (Laws of Fla. ch. 78-494, § 3; Laws of Fla. ch.
cial establishments, or any other private 98-495, § 2)
or public building, together with such
surface or groundwater or household and Sec. 262-483. Boundaries.
industrial wastes as may be present.
There is hereby created in Collier County a
(6) Sewage disposal system means and in- special taxing district to be known as Immokalee
cludes any plant,system,facility, or prop- Water and Sewer District. The district will in-
erty used or useful or having the present dude all that portion of Immokalee in said county
capacity for future use in connection with described as follows:
the collection, treatment, purification, or Sections 1 through 36 of Township 46 South,
disposal of sewage (including industrial Range 28 East;together with Sections 1 through
wastes resulting from any processes of 6 of Township 47 South, Range 28 East; to-
industry, manufacture, trade, or business gether with Sections 1 through 36 of Township
or from the development of any natural 46 South, Range 29 East; together with Sec-
resources), or any integral part thereof, tions 1 through 12, Sections 15 through 21 and
including, but not limited to, treatment that part of Section 13 lying Northeasterly of a
plants,pumping stations,intercepting sew- diagonal line from the Northwest Corner to the
ers, trunk sewers, pressure lines, mains, Southeast corner of said Section 13, Township
and all necessary appurtenances and equip- 47 South, Range 29 East; together with Sec-
ment,and all property,rights,easements, tions 6, 7, 18, 19, 30 and 31 of Township 46
and franchises relating thereto and deemed South, Range 30 East; together with Sections
necessary or convenient by the district for 6, 7, 18, and that part of Section 19 lying
the operation thereof. Northeasterly of a diagonal line from the North-
west corner to the Southeast corner of said
(7) Sewers include mains, pipes, and laterals Section 19,Township 47 South, Range 30 East.
for the reception of sewage and carrying All the lands described being in Collier County,
such sewage to an outfall or some part of Florida.
a sewage disposal system,including pump- (Laws of Fla. ch. 78-494, § 2; Laws of Fla. ch.
ing stations where deemed necessary by 98-495, § 2; Laws of Fla. ch. 2005-298, § 1)
the district.
(8) Sewer system embraces both sewers and Sec. 262-484. Objects and purposes of the
sewage disposal systems and all property, district.
rights, easements, and franchises relat- The objects and purposes of the district are to -�
ing thereto. acquire, purchase, lease, construct, improve, ex-
Supp.No. 24 SA262:98
SPECIAL DISTRICTS §262-488
tend, operate, maintain, and finance any water governor of the vacancy and request the governor
system or systems or parts thereof, or any sewer to appoint a new commissioner to fill the vacancy
system or systems or parts thereof serving such for the unexpired term.
unincorporated areas and other customers and (Laws of Fla. ch. 78-494, § 5; Laws of Fla. ch.
users as the district may determine. The district 93-366, § 1; Laws of Fla. ch. 94-489, § 1; Laws of
may acquire a supply of water either within or Fla. ch. 98-495, § 2)
without the county. The district may itself own Code reference—Boards, commissions, committees and
and operate water and sewer systems in unincor-
authorities,§2-816 et seq.
porated territory and may also sell and transport
water to other systems, whether publicly or pri Sec. 262-486. Organization.
vately owned, and other users and consumers, The board shall organize by electing from its
provided the district shall not acquire, construct, number a chair, a vice-chair, a secretary, and a
or own any water distribution system in any other treasurer. The members of the board shall serve
area except as stated herein. four-year terms. No commissioner shall receive
(Laws of Fla. ch. 78-494, § 4; Laws of Fla. ch. compensation for his or her services. Board mem-
98-495, § 2) hers shall be reimbursed for travel and per diem
pursuant to F.S. § 112.061.
(Laws of Fla. ch. 78-494, § 6; Laws of Fla. ch.
Sec. 262-485. Governing body. 98-495, § 2)
(a) The governing body of the district shall be Sec. 262-487. Funds.
the Immokalee Board of Commissioners, consist- No funds of the district shall be used for any
ing of seven members, each of whom shall be a purpose other than the administration of the
registered voter, resident of the district, and citi- affairs and business of the district, the construe-
s.-- zen of the United States. Members of the board of tion, care, maintenance, upkeep, operation, and
commissioners shall be appointed by the governor repair of sewers and sewer and water systems in
for terms of four years. Of the initial board, two the district, as the board may determine to be for
members shall serve a term of two years; two the best interest of the district and the inhabit-
members shall serve a term of three years; and ants thereof.All disbursements of the funds of the
three members shall serve a term of four years. district over the sum of$5,000.00 shall be made
Appointments to fill vacancies on the board of pursuant to warrants or checks signed by the
commissioner shall be for the unexpired term chair or vice-chair and countersigned by the trea-
only. Four members constitute a quorum for the surer or the secretary of the board.
transaction of business.Each commissioner shall, (Laws of Fla. ch. 78-494, § 7; Laws of Fla. ch.
before he or she enters upon his or her duties as 94-489, § 2; Laws of Fla. ch. 98-495, § 2; Laws of
commissioner, execute to the governor a good and Fla. ch. 2005-298, § 2)
sufficient bond in the sum of $1,000.00, with a
qualified corporate surety conditioned to faith- Sec. 262-488. Powers of board.
fully perform the duties of such commissioner and The Board of Commissioners of the Immokalee
to account for all funds to come into his or her
hands as such commissioner. All premiums pay- Water and Sewer District is authorized and em
able for such bonds shall be paid from the funds of Powered:
the district. (1) To make rules and regulations for its own
government and proceedings and to adopt
(b) If at any time a commissioner misses four an official seal for the district.
consecutive regularly schedule monthly meetings, (2) To employ engineers, attorneys, accoun-
the board shall review the absences. By majority tants,financial or other experts, and such
vote of the board, the board may declare the other agents and employees as said dis-
position vacant. The board then shall inform the trict board may require or deem neces-
Supp.No. 24 SA262:99
§262-488 COLLIER COUNTY CODE "�,
sary to effectuate the purposes of this law, provide for reasonable penalties on any
or to contract for any such services, pro- users or property for any such rates, fees,
vided that the board may authorize its or charges that are delinquent.
director to hire, discipline, and terminate (6) To acquire in the name of the district, by
employees, and give salary raises to em- purchase, gift, or the exercise of the right
ployees,subject to review and approval by of eminent domain, such lands and rights
the board. and interest therein, including lands un-
(3) To construct, install, erect, and acquire der water and riparian rights and to ac
and to operate, maintain, improve, ex- quire such personal property as it may
tend, or enlarge and reconstruct a water deem necessary in connection with the
construction,reconstruction,improvement,
system or a sewer system or both within
said district and the environs thereof and extension,installation,erection,or opera-
to have the exclusive control and jurisdic-
tion tion and maintenance of any water sys
tion thereof, and to issue its general obli tern or sewer system or both and to hold
gation bonds, revenue bonds, or assess and dispose of all real and personal prop-
erty under its control; however, nothing
ment bonds, or any combination of the
contained herein shall authorize the power
foregoing, to pay all or part of the cost of
of eminent domain to be exercised beyond
such construction, reconstruction, erec- the limits of the district.
tion, acquisition, or installation of such
water system, sewer system, or both, pro- (7) To exercise exclusive jurisdiction, control,
vided that the total amount of all general and supervision over any water system or
obligation indebtedness of the district is- sewer system or both, or any part thereof, ----.
sued pursuant to this law, shall not ex- owned, operated, and maintained by the
ceed 15 percent of the assessed value of district, and to make and enforce such
the taxable property in the district at the rules and regulations for the maintenance
time of the creation of such district, to be and operation of any water system or
ascertained by the assessed valuations for sewer system or both as may be, in the
county taxes in effect at the time of the judgment of the district board, necessary
creation of such district. or desirable for the efficient operation of
any such systems or improvements in
(4) To regulate the use of sewers and the accomplishing the purposes of this law.
supply of water within the district, to
the use and maintenance of out- (8) To restrain, enjoin, or otherwise prevent
prohibitthe violation of this law or of any resolu-
houses, privies, septic tanks, or other un- tion,rule,or regulation adopted pursuant
sanitary structures or appliances, and to to the powers granted by this law.
regulate the use of sewers and the waste-
water collection system within the district (9) To join with any other district or districts,
by instituting, maintaining, and enforc- cities, towns, counties, or other political
ing a grease management program for the subdivisions, public agencies, or authori-
district's commercial and industrial cus- ties in the exercise of common powers.
tomers.
(10) To contract with municipalities or other
(5) To fix and collect rates, fees, and other private or public corporations or persons
charges to persons or property or both for to provide or receive a water supply or for
the use of the facilities and services pro sewage disposal, collection, or treatment.
vided by any water system or sewer sys- (11) To prescribe methods of pretreatment of
tem or both and to fix and collect charges industrial wastes not amendable to treat-
for making connections with any such ment with domestic sewage before accept- -�
water system or sewer system, and to ing such wastes for treatment and to
Supp.No. 24 SA262:100
SPECIAL DISTRICTS §262-489
refuse to accept such industrial wastes effect the purposes of this law, and to
when not sufficiently pretreated as may receive and accept from any federal agency,
be prescribed, and by proper resolution to grants or loans for or in aid of the plan-
prescribe penalties for the refusal of any ning, construction, reconstruction, or fi-
person or corporation to so pretreat such nancing of any water system or sewer
industrial wastes. system or both and to receive and accept
aid or contributions or loans, from any
(12) To require and enforce the use of its other source, of money, property, labor, or
facilities whenever and wherever they are
accessible. other things of value,to be held,used,and
applied only for the purpose for which
(13) To sell or otherwise dispose of the efflu- such grants, contributions, or loans may
ent, sludge, or other byproducts as a re- be made.
suit of sewage treatment. (Laws of Fla. ch. 78-494, § 8; Laws of Fla. ch.
(14) To accomplish construction by holding hear- 93-366, § 2; Laws of Fla. ch. 98-495, § 2)
ings, advertising for construction bids,
and letting contracts for all or any part or Sec. 262-489. Assessable improvements;levy
parts of the construction of any water and payment of special assess-
system or sewer system or both to the ments.
lowest responsible bidder or bidders or
rejecting any and all bids at its discretion, Y district may provide for the construction
provided that the district may purchase or reconstruction of assessable improvements as
supplies,material,and equipment,as well defined in F.S. § 153.52, and for the levying of
as expend for construction work, in an special assessments upon benefited property for
amount not to exceed $1,000.00 total cost the payment thereof, under the provisions of this
\---- of each transaction without advertising or section.
receiving bids. (1) a. The initial proceeding under this sec-
(15) To construct and operate connecting, in-
tercepting, or outlet sewers and sewer district board of a resolution order
mains and pipes and water mains, con- ing the construction or reconstruc
duits, or pipelines in, along, or under any tion of such assessable improve
streets, alleys, highways, or other public ments, indicating the location by
places or ways within the state or any terminal points and routes and ei
municipality or political subdivision nec- ther giving a description of the im
essary for the purposes of the district. provements by its material, nature,
character, and size or giving two or
(16) Subject to such provisions and restric- more descriptions with the direc-
tions as may be set forth in the resolution tions that the material,nature,char-
authorizing or securing any bonds or other acter, and size shall be subsequently
obligations issued under the provisions of determined in conformity with one
this law, to enter into contracts with the of such descriptions. Sewer or water
Government of the United States or any improvements need not be continu-
agency or instrumentality thereof,or with ous and may be in more than one
any county, municipality, district, author- locality or street. The resolution or-
ity, or political subdivision, private corpo- dering any such improvement may
ration, partnership, association, or indi- give any short and convenient desig-
vidual providing for or relating to the nation to each improvement ordered
treatment,collection, and disposal of sew- thereby, and the property against
age, or the treatment, supply, and distri- which assessments are to be made
bution of water and any other matters for the cost of such improvement
relevant thereto or otherwise necessary to may be designated as an assessment
Supp.No.24 SA262:101
§262-489 COLLIER COUNTY CODE
district, followed by a letter or num- olution, such apportionment to be
ber or name to distinguish it from made in accordance with the provi-
other assessment districts, after sions of the resolution and in rela-
which it shall be sufficient to refer to tion to apportionment of cost pro-
such improvement and property by vided herein for the preliminary
such designation in all proceedings assessment roll. Such tentative ap-
and assessments, except in the no- portionment of total estimated cost
tices required by this section. shall not be held to limit or restrict
b. A fund for the payment of bonds the duties of the engineer in the
shall be created under this Para preparation of such preliminary as-
graph. sessment roll. One of the duplicates
of such plans, specifications, and es-
(2) a. As soon as possible after the passage timates and such tentative apportion-
of such resolution, the engineer for ment shall be filed with the district
the district shall prepare in dupli- clerk and the other duplicate shall
cate plans and specifications for each be retained by the engineer in the
improvement ordered thereby and engineer's files,all thereof to remain
an estimate of the cost thereof. Such open to public inspection.
cost shall include, in addition to the
items of cost as defined in this law, (3) The district clerk upon the filing with him
the cost of relaying streets and side- or her of such plans, specifications, esti-
walks necessarily torn up or dam- mates, and tentative apportionment of
aged and the following items of inci- cost shall publish once in a newspaper
dental expenses: published in the county and circulating in —�
the district, or posted as provided in F.S.
1. Printing and publishing no- § 153.56, if there is no such newspaper, a
tices and proceedings. notice stating that at a meeting of the
2. Costs of abstracts of title. district board on a certain day and hour,
3. Any other expense necessary or not earlier than 15 days from such publi-
proper in conducting the pro- cation or posting, the district board will
ceedings and work provided for hear objections of all interested persons to
in this section, including the the confirmation of such resolution,which
estimated amount of discount, notice shall state in brief and general
if any, upon the sale of assess- terms a description of the proposed assess-
ment bonds or any other obli able improvements with the location
thereof, and shall also state that plans,
gations issued hereunder for
which such special assessments specifications,estimates,and tentative ap-
are to be pledged. If the resolu portionment of cost thereof are on file
tion shall provide alternative with the district clerk. The district clerk
descriptions of material, na shall keep a record in which shall be
ture, character, and size, such inscribed, at the request of any person,
estimate shall include an esti firm, or corporation having or claiming to
mate of the cost of the improve have any interest in any lot or parcel of
ment of each such description. land, the name and post office address of
such person, firm, or corporation, to-
b. The engineer shall also prepare in gether with a brief description or designa-
duplicate a tentative apportionment tion of such lot or parcel, and it shall be
of the estimated total cost of the the duty of the district clerk to mail a copy
improvement as between the district of such notice to such person, firm, or
and each lot or parcel of land subject corporation at such address, at least ten --�
to special assessment under the res- days before the time for the hearing as
Supp.No.24 SA262:102
SPECIAL DISTRICTS §262-489
stated in such notice,but the failure of the collected. Said bonds shall mature
district clerk to keep such record or so to not later than two years after the
inscribe any name or address or to mail last installment in which said spe-
any such notice shall not constitute a cial assessments may be paid, as
valid objection to holding the hearing as provided in subsection(11),and shall
provided in this section or to any other bear interest at a rate not exceeding
action taken under the authority of this seven and one-half percent per an-
section. num. Such assessment bonds shall
(4) At the time named in such notice, or to be executed, shall have such provi
which an adjournment may be taken by sions for redemption prior to matu
the district board, the district board shall rity, and shall be sold in the manner
receive any objections of interested per- and be subject to all of the applicable
sons and may then or thereafter repeal or provisions contained in F.S. § 153.63,
confirm such resolution with such amend- for revenue bonds,except as the same
ments, if any, as may be desired by the are inconsistent with the provisions
district board and which do not cause any of this section. The amount of such
additional property to be specially as- assessment bonds for any assessable
sessed. improvement, prior to the confirma-
tion of the preliminary assessment
(5) All objections to any such resolution on roll provided for in subsection (10),
the ground that it contains items which shall not exceed 70 percent of the
cannot be properly assessed against prop- estimated amount of the cost of such
erty, or that it is,for any default or defect assessable improvements which are
in the passage or character of the resolu- to be specially assessed against the
tion or the plans or specifications or esti- land and real estate to be specially
mate,void or voidable in whole or in part, benefited thereby, as shown in the
or that it exceeds the power of the district estimates of the engineer for the
board, shall be made in writing in person district referred to in subsection (2).
or by attorney and filed with the district The amount of such assessment bonds
clerk at or before the time or adjourned for any assessable improvement to
time of such hearing.Any objections against be issued, after the confirmation of
the making of any assessable improve- the preliminary assessment roll pro-
ments not so made shall be considered as vided for in subsection (10), includ-
waived, and if any objection is made and ing any assessment bonds thereto-
overruled or is not sustained, the confir- fore issued, shall not exceed the
mation of the resolution shall be the final amount of special assessments actu-
adjudication of the issues presented un- ally confirmed and levied by the dis-
less proper steps are taken in a court of trict board as provided in subsection
competent jurisdiction to secure relief (10).
within 20 days. b. Such assessment bonds shall be pay-
(6) a. Whenever any resolution providing able from the proceeds of the special
for the construction or reconstruc- assessments levied for the assess-
tion of assessable improvements and able improvement for which such
for the levying of special assess- assessment bonds are issued, pro-
ments upon benefited property for vided that any district may pledge
the payment thereof have been con- the full faith and credit of such dis-
firmed, as hereinabove provided, or trict for the payment of the principal
at any time thereafter, the district of and interest on such assessment
board may issue assessment bonds bonds if the issuance of such assess-
payable out of such assessments when ment bonds is approved by the qual-
Supp. No.24 SA262:103
§262-489 COLLIER COUNTY CODE
ified electors who reside in said dis- contract to carry out the work in accor-
trict in the manner provided in the dance with such plans and specifications
State Constitution and Statutes of and ensure the filing, at the making of
Florida. such contract, of a bond in the amount of
(7) After the passage of the resolution autho the contract price with corporate surety
rizing the construction or reconstruction satisfactory to the district conditioned for
of assessable improvements has been con- the performance of the work in actor
firmed as provided in subsection (4), the dance with such contract. The district
district may publish at least once in a board shall have the right to reject any or
newspaper published in the county and all bids and if all bids are rejected, the
circulating in the district, or post in the district board may readvertise or may
manner provided in F.S. § 153.56,if there determine to do the work by the district
is no such newspaper, a notice calling for forces without contract.
sealed bids to be received by the district (8) Promptly after the completion of the work,
board on a date not earlier than 15 days the engineer for the district,who is hereby
from the first publication for the construc- designated as the official of the district to
tion of the work, unless in the initial make the preliminary assessment of ben-
resolution the district board has declared efits from assessable improvements, shall
its intention to have the work done by prepare a preliminary assessment roll and
district forces without contract. The no- file the same with the district clerk,which
tice shall refer in general terms to the roll shall contain the following:
extent and nature of the improvement or
improvements and may identify the same a. A description of abutting lots and --�
by the short designation indicated in the parcels of land or lands within the
initial resolution and by reference to the district which will benefit from such
plans and specifications on file. If the assessable improvements and the
initial resolution has given two or more amount of such benefits to each such
alternative descriptions of the assessable lot or parcel of land. Such lots and
improvements as to its material, nature, parcels shall include the property of
character, and size and, if the district the county and any school district or
board has not theretofore determined upon other political subdivision.There shall
a definite description,the notice shall call also be given the name of the owner
for bids upon each of such descriptions. of record of each lot or parcel where
Bids may be requested for the work as a practicable, and in all cases there
whole or for any part thereof separately shall be given a statement of the
and bids may be asked for any one or number of feet of property so abut-
more of such assessable improvements ting, which number of feet shall be
authorized by the same or different reso- known as the frontage.
lutions, but any bid covering work upon b. The total cost of the improvement
more than one improvement shall be in and the amount of incidental ex-
such form as to permit a separation of cost pense.
as to each improvement. The notice shall
require bidders to file with their bids (9) The preliminary roll shall be advisory
either a certified check drawn upon an only and shall be subject to the action of
incorporated bank or trust company in the district board as hereinafter provided.
such amount or percentage of their respec- Upon the filing with the district clerk of
tive bids as the district board deems ad- the preliminary assessment roll, the dis-
visable or a bid bond in like amount with trict clerk shall publish at least once in a
corporate surety satisfactory to the dis- newspaper published in the county, and --�
trict board to ensure the execution of a circulating in the district or, if there is no
Supp. No. 24 SA262:104
SPECIAL DISTRICTS §262-489
such newspaper, post in the manner pro- fact on the assessment roll opposite the
vided in F.S. § 153.56, a notice stating description of the property affected thereby.
that at a meeting of the district board to The amount of the special assessment
be held on a certain day and hour,not less against any lot or parcel which may be
than 15 days from the date of such publi- reduced or abated by the court,unless the
cation or posting,which meeting may be a assessment upon the entire district is
regular, adjourned, or special meeting, all reduced or abated,or the amount by which
interested persons may appear and file such assessment is so reduced, may by
written objections to the confirmation of resolution of the district board be made
such roll. Such notice shall state the class chargeable against the district at large,
of the assessable improvements and the or,at the discretion of the district board,a
location thereof by terminal points and new assessment roll may be prepared and
route. confirmed in the manner hereinabove pro-
(10) At the time and place stated in such vided for the preparation and confirma-
notice, the district board shall meet and tion of the original assessment roll.
receive the objections in writing of all (11) a. Any assessment may be paid at the
interested persons as stated in such no- office of the district clerk within 60
tice. The district board may adjourn the days after the confirmation thereof,
hearing from time to time.After the corn- without interest. Thereafter, all as-
pletion thereof, the district board shall sessments shall be payable in equal
either annul or sustain or modify in whole installments, with interest at a rate
or in part the preliminary assessment as not exceeding eight percent per an-
indicated on such roll, either by confirm- nual from the expiration of said 60
ing the preliminary assessment against days in each of the succeeding num-
�r any or all lots or parcels described therein ber of years which the district board
or by canceling, increasing, or reducing shall determine by resolution, not
the same,according to the special benefits exceeding 20; however, the district
which the district board decided each such board may provide that any assess-
lot or parcel has received or will receive on ment may be paid at any time before
account of such improvement.If any prop- due, together with interest accrued
erty which may be chargeable under this thereon to the date of payment, if
section has been omitted from the prelim- such prior payment is permitted by
inary roll or if the preliminary assess- the proceedings authorizing any as-
ment was not made against it, the board sessment bonds or other obligations
may place on such roll an apportionment for the payment of which such spe-
to such property. The district board shall cial assessments have been pledged.
not confirm any assessment in excess of
the special benefits to the property as- b. All such special assessments shall
sessed, and the assessments so confirmed be collected by the tax collector of
shall be in proportion to the special ben- the county in which the district is
efits. Immediately after such confirma- located at the same time as the ad
tion, such assessment roll shall be deliv- valorem taxes of the district and
ered to the district clerk. The assessment general county taxes are collected by
so made shall be final and conclusive as to the tax collector of such county, and
each lot or parcel assessed unless proper the district shall certify to the county
steps are taken within 30 days in a court tax collector in each year a list of all
of competent jurisdiction to secure relief. such special assessments and a de-
If the assessment against any property is scription of and name of the owners
sustained or reduced or abated by the of the properties against which such
court, the district clerk shall note that special assessments have been lev-
Supp.No. 24 SA262:105
§262-489 COLLIER COUNTY CODE "�
ied and the amounts due thereon in forced at the suit of any holder of
such year, and interest thereon, and bonds issued under this law in a
any deficiencies for prior years. court of competent jurisdiction by
c. All assessments shall constitute a mandamus or other appropriate pro-
lien upon the property so assessed ceedings or action.
from the date of confirmation of the f. Not later than 30 days after the
resolution ordering the improve- annual installments are due and pay-
ment, of the same nature and to the able, it shall be the duty of the
same extent as the lien for general district board to direct the attorney
county taxes falling due in the same or attorneys whom the district board
year or years in which such assess- shall then designate, to institute ac-
ments or installments thereof fall tion within two months after such
due, and any assessment or install- direction to enforce the collection of
ment not paid when due shall be all special assessments for assess-
collectible with such interest and able improvements made under this
with a reasonable attorney's fee and section and remaining due and un-
costs, but without penalties, by the paid at the time of such direction.
district by proceedings in a court of Such action shall be prosecuted in
equity to foreclose the lien of assess- the manner and under the condi-
ments as a lien for mortgages is or tions in and under which mortgages
may be foreclosed under the laws of are foreclosed under the laws of the
the state, provided that any such state.
proceedings to foreclose shall em g. It shall be lawful to join in one action
brace all installments of principal the collection of assessments against
remaining unpaid with accrued in- any or all property assessed by vir-
terest thereon, which installments tue of the same assessment roll un-
shall, by virtue of the institution of less the court deems such joinder
such proceedings, immediately be prejudicial to the interest of any
come due and payable. defendant. The court shall allow a
d. Nevertheless, if, prior to any sale of reasonable attorney's fee for the at-
the property under decree of foreclo- torney or attorneys of the district,
sure in such proceedings,payment is and the same shall be collectible as a
made of the installment or install- part of or in addition to the costs of
ments which are shown to be due the action.
under the provisions of the resolu h. At the sale pursuant to decree in any
tion passed pursuant to subsection such action, the district may be a
(10) and by this subsection, and all purchaser to the same extent as an
costs including interest and attorney's individual person or corporation, ex-
fees, such payment shall have the cept that the part of the purchase
effect of restoring the remaining in price represented by the assess
stallments to their original maturi ments sued upon and the interest
ties as provided by the resolution thereon need not be paid in cash.
passed pursuant to this subsection Property so acquired by a district
and the proceedings shall be dis-
may be sold or otherwise disposed of,
missed. the proceeds of such disposition to be
e. It shall be the duty of the district to placed in the fund provided by para-
enforce the prompt collection of as- graph (1)b., of this section; however,
sessments by the means herein pro- no sale or other disposition thereof --�
vided, and such duty may be en- shall be made unless the notice call-
Supp.No.24 SA262:106
SPECIAL DISTRICTS §262-490
ing for bids therefor to be received at and revised as to provide funds,with other funds
a stated time and place have been available for such purpose, sufficient at all times:
published in a newspaper published (1) To pay the cost of maintaining, repairing,
in the county and circulating in the and operating the waterworks and sewer-
district, or posted in the manner age facilities of the district and to provide
provided in F.S. § 153.56, if there is reserves therefor and for replacements
no such newspaper, at least 20 days and depreciation and necessary exten-
prior to such disposition. sions and enlargements.
(12) All assessments and charges made under (2) To pay the principal of and the interest on
the provisions of this section for the pay- all outstanding bonds for the payment of
ment of all or any part of the cost of any which such rates and charges are pledged
assessable improvements for which assess- as the same become due and provide re-
ment bonds have been issued under the serves therefor. Said bonds shall bear
provisions of this law, or which have been interest at a rate pursuant to the applica-
pledged as additional security for any ble Florida Statute, and be sold at public
other bonds or obligations issued under sale. However, in the event an offer of an
this law, shall be used only for the pay- issue of bonds at public sale produces no
ment of principal of or interest on such bid or in the event all bids received are
assessment bonds or other bonds or obli- rejected, the board is authorized to nego-
gations. tiate for the sale of such bonds under such
(13) The county in which the district is located rates and terms as are acceptable. How-
and each school district and other politi ever, no such bonds shall be sold or deliv
cal subdivision wholly or partly within ered at a higher net interest cost rate
the district shall possess the same power than contained in any bids rejected at the
and be subject to the same duties and
public sale thereof, or at the rate con-
liabilities in respect of assessment under tained in the notice of public sale if no
this section affecting the real estate of bids were received at such public sale.
such county, school district,or other polit- (3) To provide a margin of safety for making
ical subdivision which private owners of such payments and providing such re-
real estate possess or are subject to here- serves. Such rates and charges shall not
under, and such real estate of any such be subject to supervision or regulation by
county, school district, and political sub- any commission,board,bureau,or agency
division shall be subject to liens for said of the state or any political subdivision of
assessments in all cases in which the the state. Such rates and charges shall be
same property would be subject to such just and equitable and the sewer service
liens had it at the time the lien attached charges may be based or computed either
been owned by a private owner. upon the quantity of water used or upon
(Laws of Fla. ch. 78-494, § 9; Laws of Fla. ch. the number and size of sewer connections
98-495, § 2) or upon the number and kind of plumbing
fixtures in use on the premises connected
Sec. 262-490. Water rates and service with the sewerage facilities or upon the
charges. number of persons residing or working in
or otherwise connected with such pre-
The board of commissioners may fix and revise mises or upon the type or character of
from time to time rates and charges for water such premises or upon any other factor
furnished by any waterworks facilities and sewer affecting the use of the facilities furnished
service charges for the services furnished by any or upon any combination of the foregoing
sewerage facilities, and charge and collect the factors. In cases in which the character of
same.Any such rates and charges shall be so fixed the sewage from any manufacturing or
Supp.No.24 SA262:107
§262-490 COLLIER COUNTY CODE _�
industrial plant, building, or premises is recover the amount of any such delin-
such that it imposes an unreasonable bur- quent rates or charges, with interest, in
den upon any sewerage facility, an addi- an action as provided by law.
tional charge may be made therefor, or
the board may,if it deems advisable, corn- (3) That if any sewer service charges for the
pel such manufacturing or industrial plant, use of any sewerage facilities by or in
connection with any premises not served
building,or premises to treat such sewage by any waterworks facilities of the district
in a manner specified by the board before are not paid within 30 days after the same
discharging the sewage into any sewer become due and payable, the owner, ten-
lines owned or maintained by the district. ant, or occupant of such premises shall
(Laws of Fla. ch. 78-494, § 10; Laws of Fla. ch. cease to dispose of sewage or industrial
98-495, § 2) wastes originating from or on such pre-
mises by discharge thereof directly or
Sec. 262-491. Collection of rates and charges. indirectly into the sewerage facilities of
the district until such sewer service
The board of commissioners may provide in the charges, with interest, are paid; that if
resolution authorizing the issuance of bonds un- such owner, tenant, or occupant does not
der this Act or in any trust agreement securing cease such disposal at the expiration of
such bonds that any sewer service shall be in- the 30-day period, it shall be the duty of
cluded in bills rendered for water used on the any public or private corporation, board,
premises and that if any water rates or sewer body, or person supplying water to or
service charges are not paid within 30 days from selling water for use on such premises to
the rendition of any such bills, the district shall cease supplying water to or selling water --�,
discontinue furnishing water to such premises for use on such premises within five days
and may disconnect the same from the water- after the receipt of notice of such delin-
works facilities. Any such resolution or trust quency from the district; and that if such
agreement may include any or all of the following corporation, board, body, or person does
provisions, and may require the board to adopt not, at the expiration of the five-day pe-
such resolutions or to take such other lawful riod, cease supplying water to or selling
action as is necessary to effectuate such provi- water for use on such premises, then the
sions, and the board is hereby authorized to adopt district may, unless it has theretofore
such resolutions and to take such other action: contracted to the contrary, shut off the
supply of water to such premises.
(1) That the district may require the owner, (Laws of Fla. ch. 78-494, § 11; Laws of Fla. ch.
tenant, or occupant of each lot or parcel of 98-495, § 2)
land within the district who is obligated
to pay water rates or sewer charges to the Sec. 262-492. Connection with sewer sys-
district to make a reasonable deposit with tern.
the district in advance to ensure the pay-
ment of such rates or charges and to be Upon the construction of sewerage facilities
subject to application to the payment under the provisions of this Act, the owner, ten-
thereof, if and when delinquent. ant, or occupant of each lot or parcel of land
within the district which abuts upon a street or
(2) That if any water rates or sewer charges other public way containing a sanitary sewer as a
payable to the district are not paid within part of such sewerage facility or a sanitary sewer
30 days after the same become due and served or which may be served by such sewerage
payable,the district may at the expiration facilities and upon which lot or parcel a building
of such 30-day period disconnect the pre- has been constructed for residential, commercial,
mises from the waterworks or sewerage or industrial use, shall, if so required by the --�
facilities; and the district may proceed to regulations and rules or a resolution of the board,
Supp. No.24 SA262:108
SPECIAL DISTRICTS §262-518
connect with such building such sanitary sewer, ARTICLE XIII. NORTH NAPLES FIRE
and shall cease to use any other method for the CONTROL AND RESCUE DISTRICT*
disposal of sewage wastes or other polluting mat-
ter. All such connections shall be made in accor- Sec. 262-516. Preamble.
dance with rules and regulations and may provide
for a charge for making any such connection in (a) This Act establishes a charter for the North
such reasonable amount as the board may fix and Naples Fire Control and Rescue District, which
establish.This Act being necessary for the welfare district was created by Laws of Florida ch. 61-
of the inhabitants of the county shall be liberally 2032.The district shall be deemed created by said
construed to effect the purpose thereof. chapter, for all purposes.
(Laws of Fla. ch. 78-494, § 12; Laws of Fla. ch. (b) This Act supersedes and repeals all previ-
98-495, § 2) ous special acts relating to the North Naples Fire
Control and Rescue District and sets forth within
Sec. 262-493. Declaration of policy. this charter those matters, as applicable, which
are covered by such previous special acts.Amend-
The undertakings enumerated in this Act con- ments to this district charter may be made only
stitute a proper public purpose for the benefit and by special act of the legislature. This Act shall be
welfare of the inhabitants of the district and it is construed so as to preserve to the district all
hereby found and declared that in the construc- powers previously granted.
tion, acquisition, improvement, maintenance, op-
eration, extension, and improvement of any or all (c) The district is organized and exists for all
of its systems, the district will be exercising a purposes set forth in this Act and F.S. Ch. 191, as
proper governmental function. they may be amended from time to time.
(Laws of Fla. ch. 78-494, § 13; Laws of Fla. ch. (Laws of Fla. ch. 84-416, art. I, §§ 1, 2; Laws of
98-495, § 2) Fla. ch. 99-450, art. I, §§ 1-3)
Sec. 262-494. Audits. Sec. 262-517. Name of district.
The accounts and records of the board shall be (a) The name of the district shall be the"North
post-audited annually,at the expense of the board, Naples Fire Control and Rescue District.
as required by law. (b) The district shall be an independent spe-
(Laws of Fla. ch. 78-494, § 14; Laws of Fla. ch. cial district of the State of Florida, and a body
98-495, § 2) corporate and politic.
(Laws of Fla. ch. 84-416, art. II, §§ 1, 2; Laws of
Sec. 262-495. [Effective provisions.] Fla. ch. 99-450, art. II, §§ 1, 2)
In accordance with the provisions of section Sec. 262-518. Boundaries.
11(a)(21)of Article III of the State Constitution,if
passed by at least three-fifths vote of the mem- (a) The district shall include the following de-
bership of each house, this Act shall take effect scribed lands:
only upon its approval by a majority vote of those Sections 5, 6 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
qualified electors voting in a referendum election 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
to be called by the Board of County Commission- 32, 33, 34, 35, and 36, Township 48 South,
ers of Collier County, in accordance with the Range 25 East;Sections 1,2,3,4,5,8,9, 10, 11,
provisions of law relating to elections currently in 12, 13, 14, 15, 16, 21, 22, 23, and 24, Township
force in Collier County; except that this section 49 South, Range 25 East; Sections 7, 8, 9, 10,
shall take effect upon becoming a law. 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,
(Laws of Fla. ch. 98-495, § 2)
*Editor's note-Laws of Fla. ch. 84-416 was subject to
approval at referendum.The county has advised that the act
Secs. 262-496-262-515. Reserved. was approved at referendum.
Supp.No. 24 SA262:109
§262-518 COLLIER COUNTY CODE
24, 29, 30, 31, and 32, Township 48 South, brass cap, the north quarter corner of Section
Range 26 East; Sections 5, 6, 7, 8, 18, and 19, 16, also the northeast corner of government lot
Township 49 South, Range 26 East; but not one and the point of beginning.
including any lands presently within the cor Commencing at the east 1/4 of Section 21,
porate boundaries of the City of Naples. Township 49 south, Range 25 east, Collier
The foregoing description notwithstanding,the County,Florida;thence along the east and west
following area, commonly known as "Seagate", 1/4 line of said Section 21, south 89°26 minutes
"Park Shore Unit 2", "Park Shore Unit 5" and 20 seconds west 3665.68 feet to the southwest
"Naples Cay" shall be excluded from the dis- corner of Park Shore Unit No. 1, according to
trict: That part of government lot one, Section the plat thereof as recorded in Plat Book 8,
16, Township 49 South, Range 25 East, Collier pages 43 and 44,Collier County Public Records,
County, Florida, described as follows: Collier County, Florida, and the place of begin-
ning of this description:
Commencing at the North quarter corner of Thence north 0° 31 minutes 40 seconds west
Section 16,Township 49 South,Range 25 East, 1709.98 feet; thence north 7° 46 minutes 00
a four x four concrete monument with brass seconds east 918.77 feet; thence north 541.25
cap set by the county engineer, also being the feet; thence north 84° 00 minutes 00 seconds
northeast corner of government lot one and west 570.17 feet;thence north 2°25 minutes 00
being the point of beginning: Thence run south seconds west 97.35 feet; thence south 87° 35
00°45 minutes 40 seconds east for 1327.70 feet minutes 00 seconds west 110.00 feet; thence
to a concrete monument the southeast corner of south 87° 00 minutes 00 seconds west 1,160
the northeast quarter of the northwest quarter feet more or less to the mean high water line of
of Section 16 also being the southeast corner of
government lot one, thence south 89° 23 min- the Gulf of Mexico; thence along said mean
utes 20 seconds west for 1650.75 feet to a high water line, southerly 3275 feet more or
concrete monument thence north 00° 36 min- less to the east and west 1/4 line of said Section
' 21; thence along said east and west 1/4 line of
utes 40 seconds west for 70.00 feet to a concrete Section 21; north 89° 28 minutes 20 seconds
monument, thence north 07° 42 minutes 20 east 1,540 feet more or less to the place of
seconds east for 153.60 feet to concrete monu- beginning: being a subdivision of part of the
ment set at the water line of a canal, thence south 1/3 of Section 16 and of part of the north
north 64° 11 minutes 00 seconds east for 130.27 1/2 of Section 21, Township 49 South, Range 25
feet to a concrete monument set at the water
line of a canal, thence north 04° 11 minutes 05 east, Collier County, Florida.
seconds east for 38.77 feet to the point of curve, Commencing at the northeast corner of govern-
thence along the arc of said curve having a ment Lot 2 of Section 16, Township 49 south,
radius of 1,545 feet, a tangent of 176.03 feet, a Range 25 east, Collier County, Florida said
delta angle of 13° right for the arc distance of corner being also the northeast corner of Lot 8
350.57 feet to the point of curve of a reverse of Block 35 of Park Shore Unit No. 4 according
curve, thence along the arc of curve having a to the plat thereof as recorded in Plat Book 10,
radius of 765.00 feet,a tangent of 286.02 feet,a pages 101, 102, and 103, Collier County Public
delta angle of 41° left for the arc distance of Records, Collier County, Florida; thence along
560.33 feet to the point of tangent, thence the north line of said government Lot 2, along
north 15° 37 minutes 05 seconds west for 70.85 the north line of said Park Shore Unit No. 4,
feet to a concrete monument set at the water and along the south line of Seagate Subdivision
line of a canal, thence north 15° 57 minutes 05 Unit No. 1 according to the plat thereof as
seconds west for 98.80 feet to a concrete mon- recorded in Plat Book 3,Page 85,Collier County
ument,thence north 89°28 minutes 40 seconds Public Records, Collier County, Florida, South
east along the north boundary of Section 16, 89°25 minutes 50 seconds west 1,330.53 feet to
also being the north line of government lot one, the west line of said Park Shore Unit No. 4 and --�
for 1,776.65 feet to a concrete monument with the place of beginning of the parcel herein
Supp.No.24 SA262:110
SPECIAL DISTRICTS §262-519
described; thence along the west line of said minutes 20 seconds west, 350.89 feet; thence
Park Shore Unit No. 4 in the following de- north 89° 24 minutes 40 seconds east, 197.19
scribed courses: feet to a concrete monument on the coastal
construction line;thence west to the mean high
South 37° 25 minutes 50 seconds west 250.89 water line of the Gulf of Mexico; thence north-
feet, south 0° 34 minutes 10 seconds east erly along said mean high water line to the
225.44 feet, south 26° 45 minutes 30 seconds north line of Section 16, Township 49 south,
east 632.19 feet and south 5° 09 minutes 00 Range 25 east;thence east along the north line
seconds east 580.72 feet to the northwest cor- of said Section 16 to the northwest corner of
ner of Park Shore Unit No. 3 according to plat Seagate Subdivision; thence southerly along
thereof as recorded in Plat Book 8, pages 59 the west line of said Seagate Subdivision to the
and 60, Collier County Public Records, Collier place of beginning less the following described
County, Florida; thence along the west line of lands:
said Park Shore Unit No. 3, south 5° 09 min-
utes 00 seconds east 1879.04 feet to the north Parcel 2 in O.R. Book 14, Page 195 and 196;
line of Park Shore Unit No. 2 according to the that parcel conveyed to Jane Homer Lee as
plat thereof as recorded in Plat Book 8, pages described in O.R. Book 34, Pages 301 and 302;
54 and 55, Collier County Public Records, Col- that parcel conveyed to Seagate, Inc., as de-
lier County,Florida;thence along the northerly scribed in O.R. Book 182, Pages 248 and 249.
line of said Park Shore Unit No. 2, in the Subject to existing easements and rights of
following described courses: north 84° 00 min- ingress and egress.
utes 00 seconds west 433.28 feet, north 2° 25 (b) Additional lands shall be included in the
minutes 00 seconds west 97.35 feet, south 87° district only upon amendment of section a. Sec-
35 minutes 00 seconds west 110.00 feet, and tion a, may be amended only by special act, and
south 87°00 minutes 00 seconds west 1160 feet such amendment shall not become effective ex-
more or less to the mean high water line of the cept upon approval of the inclusion of such addi-
Gulf of Mexico; thence along said mean high tional lands in the district by a majority of the
water line, northerly 3,350 feet more or less to qualified electors residing in the area proposed to
a point on the westerly extension of the south be included voting in a special election called for
line of said Seagate Subdivision which south such purpose. In addition, the inclusion of such
line bears south 89° 25 minutes 50 seconds lands must be approved by a majority of the
west and passes through the place of begin- qualified electors residing within the existing
ping; thence along said south line and the district boundaries.
westerly extension thereof, north 89° 25 min-
utes 50 seconds east 1,450 feet more or less to (c) Florida Statutes § 171.093, applies to an-
the place of beginning;being a part of the west nexations by a municipality within the bound-
1/2 Section 16, Township 49 South, Range 25 aries of the district.
East, Collier County, Florida, containing 118 (Laws of Fla. ch. 84-416, art. III, §§ 1-3; Laws of
acres more or less. Fla. ch. 88-519, § 1; Laws of Fla. ch. 89-448, § 1;
Laws of Fla. ch. 91-375, § 1; Laws of Fla. ch.
Commencing at the northwest corner of the 99-450,art. III, §§ 1-3;Laws of Fla.ch.2006-353
northwest 1/4 of the northeast 1/4 of Section 16, § 1)
Township 49 south, Range 25 east; thence
north 89° 24 minutes 40 seconds east, 1,650.75 Sec. 262-519. Powers of the district.
feet along the north line of Parkshore Unit 4
and Unit 5 to the place of beginning; thence (a) The district shall have the authority to
north 89° 24 minutes 40 seconds east along establish, equip, operate, and maintain a fire
said north line of Parkshore Unit 5,740.98 feet; department and rescue squad within the district
thence north 4° 40 minutes 20 seconds west, and may buy, lease, sell, exchange, or otherwise
125.32 feet; thence north 89° 24 minutes 40 acquire and dispose of firefighting and rescue
seconds east, 4.73 feet; thence north 4° 40 equipment and other property, real, personal, or
Supp.No.24 SA262:111
§262-519 COLLIER COUNTY CODE --....„
mixed,that it may from time to time deem neces- (f) The duties and powers of the board of
sary to prevent and extinguish fires or provide commissioners shall be as set forth in this Act and
rescue services. This shall include, but is not F.S. Ch. 191, as they may be amended from time
limited to,the authority to hire and fire necessary to time.
firefighters and other personnel;to provide water, (Laws of Fla. ch. 84-416, art. IV, §§ 1-5; Laws of
water supply,water stations, and other necessary Fla. ch. 99-450, art. IV, §§ 1-6; Laws of Fla. ch.
buildings; to accept gifts or donations of equip- 2006-353 § 1)
ment or money for the use of the district;and to do
all things necessary to provide adequate water Sec. 262-520. Governing board.
supply,fire prevention, and proper fire protection (a) The district shall be governed by a district
for the district.Recognizing that the dramatically board consisting of five commissioners who are
increasing housing costs in Collier County may residents of the district, in accordance with F.S.
have a detrimental impact on the ability to hire § 191.005.
and retain personnel needed for the provision of
fire protection services to district residents, the (b) As required by F.S. § 191.005, board mem-
district shall also have the authority to provide bers shall assume office ten days following their
housing or housing assistance for its employed election.Annually,within 60 days after the newly
personnel,with use of such funds being deemed to elected members have taken office, the board
be in the public interest. In addition, the board shall organize by electing from its members a
shall have the authority to extend its services chair, a vice-chair, a secretary, and a treasurer.
outside the district when provided in cooperation The positions of secretary and treasurer may be
with another governmental entity. held by one member.
(b) The district may establish and maintain (c) In accordance with F.S. § 191.005, each .--.�
emergency medical and rescue response services commissioner may receive, from the funds of the
consistent with F.S. § 191.008(1), and the provi- district,compensation for his or her services in an
sions of F.S. Ch. 401, and any certificate of public amount not to exceed $500.00 per month. The
convenience and necessity or its equivalent issued secretary-treasurer may be paid an additional
thereunder. sum for his or her services so long as the total
compensation does not exceed$500.00 per month.
(c) In addition to any other power to borrow
money as may be provided by this Act or by law, (d) Members shall be reimbursed for travel
the district may borrow sufficient funds to pro and per diem expenses as provided in F.S.§112.061.
vide for three months' operating expenses, with (e) In addition to any other circumstance which
such loan to be repaid from anticipated revenues. creates a vacancy in office as provided by the
(d) The district shall have authority to inspect State Constitution or general law,the board shall
commis-
and investigate all property for fire hazards. The remove a commissioner from office if the district board, by resolution duly adopted, may sinner is absent from three consecutive regular
assess fees for fire inspection and maintenance meetings of the district board, unless such ab
and replacement of hydrants in an amount rea sence is due to a valid medical reason or any other
sonably related to the cost thereof and may adopt excused absence as defined by resolution of the
provisions creating a lien or providing for civil board pursuant to F.S. § 191.005.
enforcement of such assessments. (f) The board shall operate procedurally in
accordance with this Act, with F.S. Chs. 189 and
(e) The district is authorized to promulgate 191, and with any other applicable general or
rules and regulations for the prevention of fire, special law as they may be amended from time to
and for fire control in the district, which shall time.
have the same force and effect as law ten days (Laws of Fla. ch. 84-416, art. V, §§ 1-6; Laws of
after copies thereof executed by the chair and Fla. ch. 99-450, art. V, §§ 1-6)
secretary of the board have been posted in at least Code reference—Boards, commissions, committees and '�
three places. authorities, §2-816 et seq.
Supp. No.24 SA262:112
SPECIAL DISTRICTS §262-521
Sec. 262-521. Finances. sions of this Act shall be payable by the secretary-
(a) The powers, functions, and duties of the treasurer of the board on accounts and vouchers
district regarding ad valorem taxation,bond issu- approved by the board.
ance, other revenue-raising capabilities, budget (g) The district shall have the power to issue
preparation and approval,liens and foreclosure of general obligation bonds, assessment bonds,bond
liens, use of tax deeds and tax certificates as anticipation notes, notes, or certificates or other
appropriate for non-ad valorem assessments, and evidences of indebtedness (hereinafter "bonds")
contractual agreements, and the methods for fi- pledging the full faith,credit, and taxing power of
nancing the district and for collecting non-ad the district for capital projects consistent with the
valorem assessments, fees, or service charges, purposes of the district in accordance with the
shall be as set forth in this Act, in F.S. Chs. 170, requirements of F.S. § 191.012, and other appli-
189, 191, and 197, and in any applicable general cable general laws.
or special law as they may be amended from time (1) Except for refunding bonds,no bonds shall
to time. be issued unless the issuance thereof has
(b) The district board shall annually, during been approved at a referendum held in
the month of June, make an itemized estimate of accordance with the requirements for such
the amount of moneys required to carry out the referendum as prescribed by general law.
provisions of this Act for the next fiscal year of the A referendum shall be called by the board
board, which fiscal year shall be from October 1, of county commissioners upon the request
to and including the next succeeding September of the board of the district. The expenses
30, which estimate shall state the purpose for of calling and holding the referendum
which the moneys are required and the amount shall be borne by the district, and the
necessary to be raised by taxation within the district shall reimburse the county for
district, which budget and proposed millage rate any expenses incurred in calling or hold-
shall be noticed, heard, and adopted in accor- ing such referendum.
dance with F.S. Ch. 192 through 200. (2) The district may pledge its full faith and
(c) The total millage for the district shall not credit for the payment of the principal
exceed one mill in any one fiscal year. However, and interest on such general obligation
the total millage may be increased pursuant to bonds and for any reserve funds provided
section F.S. § 191.009, after such increase has therefor and may unconditionally and ir-
been approved by referendum. revocably pledge itself to levy a special
tax on all taxable property in the district,
(d) Taxes provided for herein shall be assessed to the extent necessary for the payment
and collected,and subject to the same commission thereof, over and above all other taxes
and fees for assessing and collecting, in the same authorized or permitted by this Act.
manner and form as provided for the assessment
and collection of county taxes,except as otherwise (3) If the board determines to issue bonds for
provided herein. more than one purpose, the approval of
the issuance of the bonds for each and all
(e) When the tax collector has collected the such purposes may be submitted to the
taxes provided for by this Act, he or she shall, on electors on one and the same ballot. The
or before the tenth day of each month, report to failure of the electors to approve the issu-
the secretary-treasurer of the district board the ance of bonds for any one or more pur-
collection made for the preceding month and poses shall not defeat the approval of
remit the same to the secretary-treasurer of the bonds for any purposes which are ap-
board. proved by electors.
(f) All warrants for the payment of labor,equip- (4) Notwithstanding any provision of law to
ment, materials, and other allowable expenses the contrary, all bonds issued under the
incurred by the board in carrying out the provi- provisions of this Act shall constitute le-
Supp.No. 24 SA262:113
§262-521 COLLIER COUNTY CODE
gal investments for savings banks,banks, needed to meet the expanded corn-
trust companies,insurance companies,ex- mercial and residential growth within
ecutors, administrators, trustees, guard- the district, at a cost beyond that
ians, and other fiduciaries and for any which can be provided from current
board, body, agency, instrumentality, and anticipated ad valorem tax rev-
county,municipality,or other political sub- enues assessed, collected, and re-
division of the state and shall constitute ceived by the district.
security which may be deposited by banks c. It is hereby declared that the cost of
or trust companies as security for deposits new facilities and equipment for fire
of state,county,municipal,or other public protection and related emergency ser-
funds or by insurance companies, as re- vices shall be borne by new users of
quired, or voluntary statutory deposits. the district's services, to the extent
(5) Any bonds issued by the district shall be that new construction requires new
incontestable in the hands of bona fide facilities and equipment, but only to
purchasers or holders for value and shall that extent.
not be invalid because of any irregularity d. It is therefore the legislative intent
or defect in the proceedings for the issue to transfer to the new users of the
and sale thereof. district's fire protection and related
(6) The state pledges to the holders of any emergency services a fair share of
bonds issued under this Act that it will the costs of new facilities imposed on
not limit or alter the rights of the district the district by new users.
to levy and collect the taxes provided for e. It is hereby declared that the amounts
herein and to fulfill the terms of any of impact fees for capital improve-
agreement �--�
made with the holders of such ment provided for in this section are
bonds and that it will not in any way just, reasonable, and equitable.
impair the rights or remedies of such (2) No person shall issue or obtain a building
holders. permit for new residential dwelling units
(7) A default on the bonds of the district shall or new commercial or industrial struc-
not constitute a debt or obligation of a tures within the district, or issue or ob-
local general-purpose government or the tain construction-plan approval for new
state. mobile home developments located within
(h) Impact fees. The district board may allow the district, until the developers thereof
for the assessment and collection of impact fees have paid to the district the applicable
for capital improvement on new construction within impact fee for capital improvement here-
the district. inafter set forth. Impact fees for capital
(1) a. It is hereby found and determined improvement to be assessed and collected
that Collier County is located in one hereunder shall not exceed the following,
of the fastest growing areas in the unless revised pursuant to the provisions
nation, and new construction and of F.S. § 191.009(4):
the resulting population growth are a. Each new residential dwelling unit:
placing a strain upon the capabili- $.15 per square foot of living area.
ties of the district to continue to b. Each new commercial or industrial
provide the high level of professional structure: $.30 per square foot of
fire protection and related emer- usable area.
gency services for which the resi- c. Each new mobile home develop-
dents of the district pay and which ment: $.15 per square foot of permit-
they deserve. ted living area.
b. It is readily apparent that additional "Living area"means that area of any ---�
equipment and facilities will be structure that is covered by a roof.
Supp.No.24 SA262:114
SPECIAL DISTRICTS §262-523
"Permitted living area" means 25 (8) The district board shall determine the
percent of the area covered by the maximum amount of impact fees to be
individual lots. assessed in any one fiscal year. This de-
termination shall be made prior to the
(3) For the purpose of this section, each unit immediately succeeding fiscal year. How-
of any multifamily structure, whether it ever, should the district board authorize
be a duplex, triplex, cooperative apart- the collection of impact fees in an amount
ment, or condominium or similar type of less than the maximum specified in this
structure, shall be considered a residen- Act, then these fees shall be uniform in
tial dwelling unit. each type of new construction subject to
the fee. The district board's determina-
(4) For the purpose of this section,any motel, tion of the amount of the impact fee to be
hotel, shopping center, church, nursing assessed in any one fiscal year shall be
home, hospital, congregate living facility based on the requirements set forth in
(when not part of an actual residence), this section.
school,fraternal lodge,veterans'lodge,or
similar type of structure shall be consid (9) The impact fee for capital improvement
ered a commercial structure. called for in this section may be reduced
by 50 percent if the owner of the permit-
(5) Impact fees for capital improvement col- ted structure will install fire sprinklers in
lected by the district pursuant to this accordance with NFPA Pamphlets 13 and
section shall be kept and maintained as a 13D. Only full sprinkler coverage is ac-
separate fund from other revenues of the ceptable for this reduction.
district and shall be used exclusively for (Laws of Fla. ch. 84-416, art.VI, §§ 1-7; Laws of
the acquisition, purchase, or construction Fla. ch. 89-455, § 1; Laws of Fla. ch. 99-450, art.
Lw, of new facilities and equipment, or por- VI, §§ 1-8)
Editor's note—Laws of Fla. ch. 89-455 was subject to
tions thereof,required to provide fire pro-
approval at referendum.The county has advised that the act
tection and related emergency services to was approved at referendum.
new construction."New facilities and equip-
ment"means buildings and capital equip Sec. 262-522. Elections.
ment, including, but not limited to, such
fire and emergency vehicles and commu- (a) When a referendum or special election is
nications equipment as may from time to required under the provisions of this Act, the
time be deemed necessary by the district district shall reimburse the county for the costs of
to provide fire protection and related emer- such election.
gency services to the areas of new con-
struction. (b) The procedures for conducting any district
elections or referenda required and the qualifica-
(6) The impact fees for capital improvement tions of an elector of the district shall be as set
collected hereunder shall not be used for forth in F.S. Chs. 189 and 191.
the acquisition, purchase, or construction (Laws of Fla.ch.84-416,art.VII, § 1;Laws of Fla.
of facilities or equipment which must be ch. 99-450, art. VII, §§ 1, 2)
obtained in any event to meet the needs of
the district, regardless of growth within Sec. 262-523. Eminent domain.
the district.
The district shall have the authority to exercise
(7) The district board shall maintain ade- the power of eminent domain, pursuant to F.S.
quate records to ensure that impact fees Chs. 73, 74, and 191, over any property located
for capital improvement collected hereun- within the district,except municipal,county,state,
der are expended only for permissible new and federal property, for the purpose of acquiring
facilities or equipment. property for the location of fire stations. The
Supp.No. 24 SA262:115
§262-523 COLLIER COUNTY CODE
location and construction of fire stations shall South half except east 300 feet of Section
comply with applicable Collier County Ordi- 32.
nances.
(Laws of Fla. ch. 84-416, art. VIII, § 1; Laws of Township 46 South, Range 32 East:
Fla. ch. 99-450, art. VIII) All of Section 2.
Sec. 262-524. Miscellaneous. Township 46 South, Range 34 East:
West half,west quarter of northeast guar-
(a) All contracts, obligations, rules, resolu- ter and west quarter of east half of
tions, or policies of any nature existing on the west half of northeast quarter of
date of enactment of this Act shall remain in full Section 6, less road right-of-way.
force and effect,and this Act shall in no way affect
the validity of such contracts, obligations, rules, All of Section 7, less road right-of-way.
resolutions, or policies. All of Section 8.
(b) This Act shall not affect the terms of office North half of Section 17.
of the present district board,nor shall it affect the
terms and conditions of employment of any em- North half of Section 18, less road right-
ployee of the district. of-way,a parcel or strip of SCL R.R.'s
vacated 130-foot wide right-of-way
(c) Requirements for financial disclosure,meet- lying 65 feet each side of the
ing notices, reporting, public records mainte- centerline of SCL R.R.'s former
nance, and planning shall be as set forth in F.S. Haines City Branch Extension main
Chs. 189, 191, and 286, as they may be amended track,more particularly described as -- .
from time to time. follows: Begin at a point 604 feet
(Laws of Fla. ch. 84-416, art. IX, §§ 1, 2; Laws of north of the north line of Section 12,
Fla. ch. 99-450, art. IX, §§ 1-3) Township 45 South, Range 29 East,
Hendry County, Florida; thence run
Secs. 262-525-262-545. Reserved. south 01°45'West,28320.20 feet along
the centerline of said right-of-way to
a point of a curve to the right (con-
ARTICLE XIV. DEVIL'S GARDEN WATER cave southwesterly);thence run along
CONTROL DISTRICT* said curve having a central angle of
11°00', a chord distance of 1,098.31
Sec. 262-546. Boundaries extended. feet, an arc distance of 1,100 feet to
the point of tangency; thence south
The territorial boundaries of the [Devil's Gar- 12°45'west,6,653.8 feet to the south
den Water Control] District are extended to in- line of the northeast quarter of Sec-
dude additional land in Hendry and Collier Coun- tion 11, Township 46 South, Range
ties, Florida, described as follows: 29 East,Collier County,Florida;also
Townshipa 65-foot wide strip of land lying
45 South, Range 34 East:
1,998.5 feet north of the south line of
East half of northeast quarter of north- Section 36,Township 45 South,Range
east quarter, east half of northeast 29 East, and extending northerly
quarter of northwest quarter, and 2,000 feet and adjoining above de-
east half of southwest quarter of scribed tract on the east; combined
northwest quarter of Section 5. containing 110.84 acres,more or less,
South half of Section 31. being all or part of said right-of-way
located in Sections 1, 12, 13, 24, 25
*State law reference—Water management districts,F.S. and 36, Township 45 South, Range —�
ch.298. 29 East, Hendry County, Florida,
Supp.No. 24 SA262:116
SPECIAL DISTRICTS §262-548
and all or part of Sections 1, 2 and adopted and entered upon its minutes, declare its
11, Township 46 South, Range 29 purpose to conduct such work accordingly, and
East, Collier County, Florida. shall from time to time fix the number, location
(Laws of Fla. ch. 87-473, § 1) and boundaries of and description of lands within
such unit or units and give them appropriate
Sec. 262-547. Power of the district. numbers or names. As soon as practicable after
the adoption and recording of such resolution said
In addition to the powers of the district under board of supervisors shall publish notice once a
F.S. Ch. 298 and other general laws, the district week for two consecutive weeks in a newspaper
shall have the power to construct, finance and published in Hendry and Collier Counties, Flor-
maintain roads for ingress and egress to lands ida, briefly describing the units into which said
within the district, and to acquire, construct and district has been divided and the lands embraced
maintain pumping stations, water control facili- in each unit, giving the name, number or other
ties, levees, ponds, lakes and other facilities for
the retention of water.All power and authority of designation of such units, requiring all owners of
the district shall extend and apply to the district lands in said district to show cause in writing
as a whole and to each unit of improvement as before said board of supervisors at a time and
from time to time created. place to be stated in such notice why such division
(Laws of Fla. ch. 87-473, § 2) of said district into such units should not be
approved, and said system of improvement by
Sec. 262-548. Management,administration of units should not be adopted and given effect by
district. said board, and why the proceedings and powers
authorized by this section of this article should
The board of supervisors of Devil's Garden not be had, taken and exercised.At the time and
Water Control District shall have the power and place stated in said notice, said board of supervi-
is hereby authorized in its discretion to drain, sors shall hear all objections or causes of objection
irrigate and reclaim or more completely and in- (all of which shall be in writing)of any landowner
tensively to drain, irrigate and reclaim the lands in said district to the matters mentioned and
in said district by designated areas or parts of referred to in such notice, and if no objections are
said district to be called "units." The units into made, or if said objections, if made, shall be
which said district may be so divided shall be overruled by said board, then said board shall
given appropriate numbers or names by said enter in its minutes its finding an order confirm-
board of supervisors, so that said units may be ing said resolution, and may thereafter proceed
readily identified and distinguished. The board of with the improvement of said district by units
supervisors shall have the power to fix and deter- pursuant to such resolution and to the provisions
mine the location, area and boundaries of and of this article. If, however, said board of supervi-
lands to be included in each and all such units, sors shall find as a result of such objections, or
the order of improvement thereof,and the method any of them, or the hearing thereon, that the
of carrying on the work in each unit. The unit division of said district into such units as afore-
system of water control provided by this section said should not be approved, or that said system
may be conducted and all of the proceedings by of improvement by units should not be adopted
this section and this article authorized in respect and given effect, or that the proceedings and
to such unit or units may be carried on and powers authorized by this section of this article
conducted at the same time as or after the work of should not be had,taken or exercised, or that any
improving of the entire district has been or is other matter or thing embraced in said resolution
being or shall be instituted or carried on under would not be in the best interest of the landown-
the provisions of this article. If the board of ers of said district or would be unjust or unfair to
supervisors shall determine that it is advisable to any landowner therein or otherwise inconsistent
conduct the work of improving the lands in said with fair and equal protection and enforcement of
district by units, as authorized by this section of the rights of every landowner in said district,
this article, said board shall, by resolution duly then said board of supervisors shall not proceed
Supp. No.24 SA262:117
§262-548 COLLIER COUNTY CODE ""�.
further under such resolution, but said board of the levy of assessments and taxes,including main-
supervisors may, as a result of such hearing, tenance taxes, and the issuance of bonds and all
modify or amend said resolution so as to meet other proceedings as to each and all of such units,
such objections so made, and thereupon said said board shall follow and comply with the same
board may confirm said resolution as so modified procedure as is provided by law with respect to
or amended and may thereafter proceed accord- the entire district; and said board of supervisors
ingly. The sustaining of such objections and the shall have the same powers in respect to each and
rescinding of such resolutions shall not exhaust all of such units as is vested in them with respect
the power of said board under this section;but, at to the entire district. All the provisions of this
any time not less than one year after the date of article shall apply to the improvement of each,
the hearing upon any such resolution, the board any and all of such units, and the enumeration of
of supervisors may adopt other resolutions under or reference to specific powers or duties of the
this section and thereupon proceed on due notice supervisors or any other officers or other matters
in like manner as above. If said board of supervi- in this article as hereinabove set forth, shall not
sors shall overrule or refuse to sustain any such limit or restrict the application of any and all of
objections in whole or in part made by any land- the proceedings and powers herein to the improve-
owner in the district, or if any such landowner ment of such units as fully and completely as if
shall deem himself aggrieved by any action of the such unit or units were specifically and expressly
board of supervisors in respect to any objections named in every section and clause of this article
so filed, such landowner may, within ten days where the entire district is mentioned or referred
after the ruling of said board,file his complaint in to.All assessments,levies,taxes,bonds and other
the circuit court against said district, praying an obligations made,levied, assessed or issued for or
injunction or other appropriate relief against the in respect to any such unit or units shall be a lien --�
action or any part of such action proposed by such and charge solely and only upon the lands in such
resolution or resolutions of said board, and such unit or units,respectively,for the benefit of which
suits shall be conducted like other suits.Upon the the same shall be levied, made or issued, and not
hearing of said cause said circuit court shall have upon the remaining units or lands in said district.
the power to hear the objections and receive the The board of supervisors may at any time amend
evidence thereon of all parties to such cause and its said resolutions by changing the location and
approve or disapprove said resolutions and action description of lands in any such unit or units; and
of said board in whole or in part, and to render provided,further,that if the location of or descrip-
such decree in such cause as right and justice tion of lands located in any such unit or units is so
require. When said resolutions creating said unit changed, notice of such change shall be published
system shall be confirmed by the board of super- as hereinabove required in this section for notice
visors (or by the circuit court if such proposed of the formation or organization of such unit or
action shall be challenged by a landowner by the units, and all proceedings shall be had and done
judicial proceedings hereinabove authorized),said in that regard as are provided in this section for
board of supervisors may adopt a water manage- the original creation of such unit or units, pro-
ment plan or plans for and in respect to any or all vided, however, that no lands against which ben-
such units, and to have the benefits and damages efits shall have been assessed may be detached
resulting therefrom assessed and apportioned by from any such unit after the confirmation of the
commissioners appointed by the circuit court, and commissioners' report of benefits in such unit or
the report of the said commissioners considered units or the issuance of bonds or other obligations
and confirmed, all in like manner as is provided which are payable from taxes or assessments for
by law in regard to water management plans for benefits levied upon the lands within each unit or
and assessments for benefits and damages of the units.
entire district.With respect to the water manage-
ment plan, notices, appointment of commission- Provided, however, that if, after confirmation
ers to assess benefits and damages, report of of the commissioners' report of benefits in such --,..„
commissioners and notice and confirmation thereof, unit or units, or the issuance of bonds or other
Supp.No. 24 SA262:118
SPECIAL DISTRICTS §262-571
obligations which are payable from taxes or as- such bonds or other obligations are the original
sessments for benefits levied upon lands within holders thereof or the holders from time to time
such unit or units, the board of supervisors finds hereafter, and the rights and remedies of such
the water management plan for any such unit or holders against the lands in the amended unit or
units insufficient or inadequate for efficient im- units, including any lands added thereto, under
provement,the plan may be amended or changed such allocation and apportionment, shall consti-
as provided in F.S. Ch. 298, and the unit or units tute vested and irrevocable rights and remedies
may be amended or changed as provided in this to the holders from time to time of such bonds or
section, by changing the location and description other obligations as fully and to the same extent
of lands in any such unit or units, by detaching as if such bonds or other obligations had been
lands therefrom or by adding lands thereto, upon originally issued to finance the improvement in
the approval of at least 51 percent of the landown- such amended unit or units under such amended
ers according to acreage, in any such unit and of water management plan.
all of the holders of bonds issued in respect to any (Laws of Fla. ch. 87-473, § 3)
such unit, and provided that in such event all
assessments, levies, taxes, bonds and other obli- Sec. 262-549. District taxes.
gations made,levied, assessed,incurred or issued
for or in respect to any such unit or units may be All lands in the district receiving benefits shall
allocated and apportioned to the amended unit or be subject to district taxes notwithstanding any
units in proportion to the benefits assessed by the previous provisions of law or court order.
commissioners' report for the amended water (Laws of Fla. ch. 87-473, § 4)
management plan and said report shall specifi-
cally provide for such allocation and apportion-
ment. The landowners and all of the bondholders Secs. 262-550-262-570. Reserved.
shall file their approval of or objections to such
amended plan within the time provided in F.S. ARTICLE XV. GOLDEN GATE FIRE
§ 298.27 and shall file their approval of or objec- CONTROL AND RESCUE DISTRICT*
tions to the amendment of such unit as provided
in this section.
Sec. 262-571. Preamble.
No lands shall be detached from any unit after
the issuance of bonds or other obligations for such (a) This Act establishes a charter for the Golden
unit except upon the consent of all the holders of Gate Fire Control and Rescue District, which
such bonds or other obligations. In the event of district was created by Laws of Fla. ch. 82 284.
the change of the boundaries of any unit as The district shall be deemed created by said
provided herein and the allocation and apportion chapter for all purposes.
ment to the amended unit or units of assess- (b) This Act supersedes and repeals all previ-
ments, levies, taxes, bonds and other obligations ous special acts relating to the Golden Gate Fire
in proportion to the benefits assessed by the Control and Rescue District and sets forth within
commissioners' report for the amended water
management plan, the holder of bonds or other this charter those matters, as applicable, which
obligations heretofore issued for the original unit are covered by such previous special acts.Amend
who consent to such allocations and apportion ments to this district charter may be made only
ment shall be entitled to all rights and remedies *Editor's note—Laws of Fla. ch. 2000-392, § 3, arts.
against any lands added to the amended unit or I—WI, amended Art.XV in its entirety to read as herein set
units as fully and to the same extent as if such out. Former Art.XV, §§262-571-262-576,pertained to simi-
added lands had formed and constituted a part of lar subject matter and derived from Laws of Fla. ch. 87-498,
art.I—V,§§1-5;Laws of Fla.ch.88-508,§1;Laws of Fla.ch.
the original unit or units at the time of the
88-512, § 1; Laws of Fla. ch. 88-519, § 2; Laws of Fla. ch.
original issuance of such bonds or other obliga- 89-451, § 1; Laws of Fla. ch. 90-435, § 1; Laws of Fla. ch.
tions, and regardless of whether the holders of 91-363, § 1.
Supp.No. 24 SA262:119
§262-571 COLLIER COUNTY CODE
by special act of the legislature. This Act shall be levy of general ad valorem taxes by the district.
construed so as to preserve to the district all On and after the effective date of annexation,the
powers previously granted. district shall be relieved of providing fire service
(c) The district is organized and exists for all to the annexed area. The municipality and the
purposes set forth in this Act and F.S. Chs. 189 district may reach an agreement to determine
and 191, as they may be amended from time to what portion, if any, of the existing indebtedness
or property of the district shall be assumed by the
time.All provisions of F.S. Chs. 189 and 191, and
all power and authority granted thereunder are municipality of which the annexed territory will
hereby applicable to the Golden Gate Fire Control become a part,the fair value of such indebtedness
and Rescue District. or property, and the manner of transfer and
financing. Nothing herein shall relieve the prop-
(Laws of Fla. ch. 2000-392, § 3, art. I) erty annexed from the payment of general obliga-
Sec. 262-572. Name of district. tion debt service incurred by the district before
annexation.
(a) The name of the district shall be: Golden (Laws of Fla. ch. 2000-392, § 3, art. III)
Gate Fire Control and Rescue District.
(b) The district shall be an independent spe Sec. 262-574. Powers of the district
cial district of the State of Florida and a body (a) The district board of commissioners shall
corporate and politic. have the authority and responsibility for and on
(Laws of Fla. ch. 2000-392, § 3, art. II) behalf of the people residing, visiting, or passing
through the district to establish, equip, operate,
Sec. 262-573. Boundaries of the district. and maintain a fire department and rescue ser-
(a) The district shall include the following de-
vice, including, but not limited to, providing fire
scribed lands: hydrants or other types of water supply,buildings
for housing fire equipment and personnel, train-
Township 48 South, Range 26 East, Sections ing facilities for fire and rescue, and other build-
25, 26, 27, 28, 33, 34, 35, 36. ings deemed necessary by the district board to
Township 48 South, Range 27 East, Sections provide adequate protection from unwanted fire
29, 30, 31, 32. and to carry out rescue operations. The district
board shall have the authority to accept gifts or
Township 49 South, Range 26 East, Sections 1, donations of equipment or money for use by the
2, 3, 4, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, district. The district board shall have the author-
22, 23, 24, 25, 26, 27, 28, 33, 34, 35, 36. ity to purchase,lease, sell,exchange,or otherwise
Township 49 South,Range 27 East, Sections 1, acquire and dispose of property intended for use
2,3,4, 5, 6, 7,8,9, 10, 11, 12, 13, 14, 15, 16, 17, by the district and to borrow money, issue bonds,
18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, and enter into term indebtedness, provided repu-
31, 32, 33, 34, 35, 36. table institutions or companies are used and
provided all agreements are within the laws of
Township 49 South,Range 28 East, Sections 4, the State of Florida.In addition,the district board
5,6, 7,8,9, 16, 17, 18, 19, 20, 21,28,29,30, 31, shall have the authority to extend its services
32, 33. beyond the district boundaries, provided it is in
Township 50 South, Range 26 East, Sections 2, cooperation with another governmental entity,
3, 4, 9, 10, 11, 14, 15, 16. whether federal, state, county, or municipal.
(b) In the event that any area, tract, or parcel (b) The district board shall have the authority
of land within the boundaries of the district shall to provide a paid staff to carry out its responsibil-
hereafter become annexed to a municipality, such ities. This staff shall serve at the pleasure of the
area, tract, or parcel of land shall be regarded as district board. The district board shall also have
removed from the district as of the next January the authority to promulgate rules and regulations --�
1 following such annexation for the purpose of the related to fire prevention and life safety, and to
Supp.No.24 SA262:120
SPECIAL DISTRICTS §262-576
take whatever steps necessary to enforce these (e) The district board shall remove any mem-
rules and regulations. These rules and regula- ber who has three consecutive, unexcused ab-
tions shall have the same force and effect as law sences from regularly scheduled meetings. The
ten days after copies thereof, executed by the board shall adopt policies by resolution defining
district board president and secretary, have been excused and unexcused absences.
posted in at least three public places. (Laws of Fla. ch. 2000-392, § 3, art. V)
(c) The duties and powers of the board of
commissioners shall be as set forth in this Act and Sec. 262-576. Finances.
F.S. Ch. 191, as they may be amended from time
to time. (a) The powers, functions, and duties of the
(Laws of Fla. ch. 2000-392, § 3, art. IV) district regarding ad valorem taxation,bond issu-
ance, other revenue-raising capabilities, budget
Sec. 262-575. Governing board. preparation and approval,liens and foreclosure of
liens, use of tax deeds and tax certificates as
(a) Pursuant to Laws of Fla.ch. 98-489,and as appropriate for non-ad valorem assessments, and
previously approved by referendum vote of the contractual agreements, and the methods for fi-
qualified electors of the district, the district shall nancing the district and for collecting non-ad
be governed by a district board consisting of three valorem assessments, fees, or service charges,
commissioners who are residents of the district. shall be as set forth in this Act, in F.S. Chs. 170,
189, 191, and 197, and in any applicable general
(b) In accordance with F.S.§ 191.005,the board or special law as they may be amended from time
shall be elected in nonpartisan elections by the to time.
electors of the district. Except as provided in this
Act and in F.S. Ch. 191, such elections shall be (b) The district board shall annually make an
held at the time and in the manner prescribed by itemized estimate of the amount of money re-
law for holding general elections in accordance quired to carry out the provisions of this Act for
with F.S. § 189.405(2)(a) and (3), and each mem- the next fiscal year,which shall be from October 1
ber shall be elected for a term of four years and to, and including the next succeeding September
serve until the member's successor assumes of- 30, which estimate shall show for what purpose
fice. Candidates for the board shall qualify with the moneys are required and the amount neces-
the Collier County Supervisor of Elections. Each sary to be raised by taxation within the district.
candidate for a seat on the board shall designate,
at the time the candidate qualifies,the seat on the (c) The total millage for the district shall not
board for which the candidate is qualifying. The exceed one mill in any one fiscal year. However,
cost of such elections shall be paid from funds of the total millage may be increased pursuant to
the district. F.S. § 191.009, after such increase has been ap-
(c) It shall be considered a conflict of interest proved by referendum.
and unlawful for board members to enter into any
type of agreement with the district which will (d) Taxes herein provided for shall be assessed
bring about personal, monetary, or other gain, or and collected in the same manner as provided for
to individually interfere with the day-to-day op- the assessment and collection of county taxes and
erations of the district staff. subject to the same commission and fees for
assessing and collecting as for the assessment
(d) In accordance with F.S. § 191.005, mem- and collection of county taxes.
hers of the board may each be paid, from the
funds of the district, a salary or honorarium for (e) All warrants for the payment of labor,equip-
his or her services in an amount not to exceed ment, materials, and other allowable expenses
$500.00 per month for each member. In addition, incurred by the district board in carrying out the
members may be reimbursed for travel and per provisions of this Act shall be payable on accounts
diem expenses as provided in F.S. § 112.061. and vouchers approved by the district board.
Supp.No. 24 SA262:121
§262-576 COLLIER COUNTY CODE
(f) It is the responsibility of the district board (2) No person shall issue or obtain a building
to provide adequate bonding to protect the assets permit for new residential dwelling units
of the district. The district may issue general or new commercial or industrial struc-
obligation bonds,assessment bonds,revenue bonds, tures within the district, or issue or ob-
notes,bond anticipation notes, or other evidences tain construction plan approval for new
of indebtedness in accordance with F.S. § 191.012. mobile home developments located within
(g) The district board shall allow for the collet the district, until the developer thereof
tion of impact fees for capital improvement on shall have paid the applicable impact fee
for capital improvement to the district
new construction within the district. hereinafter set forth.
(1) a. It is hereby found and determined
that Collier County is located in one (3) Impact fees for capital improvement to be
of the fastest growing areas in the assessed and collected hereunder shall be
nation.New construction and result- as follows, unless revised pursuant to the
ing population growth is placing a provisions of F.S. § 191.009(4):
strain upon the capabilities of the a. Each new residential dwelling unit:
district to continue to provide the $0.15 per square foot of living area.
high level of professional fire protec- b. New commercial or industrial struc-
tion and related emergency services tures: $0.30 per square foot of usable
for which the residents of the district area.
pay and which they deserve.
c. New mobile home developments:
b. It is readily apparent that additional $0.15 per square foot of permitted
equipment and facilities will be living area.
needed to meet the expanded com-
mercial and residential growth within "Living area" shall be defined as
the district, at a cost beyond that that area of any structure that is
which can be provided from current covered by a roof. "Permitted living
and anticipated ad valorem tax rev- area" means 25 percent of the area
enues assessed, collected, and re—
ceived by the district. (4) For the purpose of this section, each unit
c. It is hereby declared that the cost of of any multifamily structure, whether it
new facilities and equipment for fire be a duplex, triplex, cooperative apart-
protection and related emergency ser- ment, or condominium or similar type
vices shall be borne by new users of structure shall be considered and consti-
the district's services to the extent tute a residential dwelling unit.
that new construction requires new (5) For purposes of this section, motels, ho-
facilities and equipment, but only to tels, shopping centers, churches, nursing
that extent. homes, hospitals, congregate living facili-
d. It is therefore the legislative intent ties (when not part of an actual resi-
of this section to transfer to the new dence), schools, fraternal lodges, veter-
user of the district's fire protection ans' lodges, or similar type structures
and related emergency services a shall be considered commercial struc-
fair share of the costs that new users tures.
impose on the district for new facil- (6) Impact fees for capital improvement col-
ities. lected by the district pursuant to this
e. It is hereby declared that the amounts section shall be kept and maintained as a
of impact fees for capital improve- separate fund from other revenues of the
ment provided for in this section are district and shall be used exclusively for —�
just, reasonable, and equitable. the acquisition, purchase, or construction
Supp. No.24 SA262:122
SPECIAL DISTRICTS §262-596
of new facilities and equipment, or por- (c) Requirements for financial disclosure,meet-
tions thereof,required to provide fire pro- ing notices, reporting, public records mainte-
tection and related emergency services to nance, and planning shall be as set forth in this
new construction. Act and in F.S. Chs. 189, 191, and 286, as they
"New facilities and equipment"means land,
may be amended from time to time.
buildings, and capital equipment, includ- of Fla. ch. 2000 392, § 3, art. VII)
ing, but not limited to, such fire and
emergency vehicles and communications Secs. 262-578-262-595. Reserved.
equipment as may, from time to time, be
deemed necessary by the district to pro ARTICLE XVI. COW SLOUGH WATER
vide fire protection and related emer-
CONTROL DISTRICT*
gency services to the areas of new con-
struction.
Sec. 262-596. District creation; boundaries.
(7) The impact fees for capital improvement
collected hereunder shall not be used for For the purposes of comprehensive water man-
the acquisition, purchase, or construction agement and control and developing the lands
of facilities or equipment which must be hereinafter described and managing said lands
obtained in any event to meet the needs of and water by means of the construction and
the district, regardless of growth within maintenance of canals,ditches,levees,dikes,pump-
the district. ing plants, and other water control works and
improvements, and for the purpose of making the
(8) The district board shall maintain ade- lands within said district available and habitable
quate records to ensure that impact fees for settlement and agriculture, and for the public
for capital improvement collected hereun- convenience, welfare, utility, and benefit, and for
der are expended only for permissible new the other purposes stated in this Act and F.S. Ch.
facilities or equipment. 298,a water control district is hereby created and
(9) The impact fee for capital improvement established in Hendry and Collier Counties, Flor-
called for in this section may be reduced ida,to be known as the Cow Slough Water Control
by 50 percent if the owner of the permit- District, the territorial boundaries of which shall
ted structure will install fire sprinklers in be as follows, to wit:
accordance with NFPA Pamphlet 13, un- Hendry County:
less such fire sprinklers are mandated or
required to be installed by any local,state, (1) In Township 45 south,Range 28 east:
or federal law,rule, ordinance, statute, or All of Sections 13, 14 and 24; and
fire code. Section 25 less the following de-
(Laws of Fla. ch. 2000-392, § 3, art. VI) scribed parcel: Commencing at the
southwest corner of said Section 25;
Sec. 262-577. Miscellaneous. thence N. 0-32-29 W. along the west
boundary line of said Section 25 a
(a) All contracts, obligations, rules, resolu- distance of 665.19 feet to the point-
tions, or policies of any nature existing on the of-beginning of this description;
date of enactment of this Act shall remain in full thence continuing N.0-32-29 W.along
force and effect,and this Act shall in no way affect said west boundary line of Section
the validity of such contracts, obligations, rules, 25 a distance of 4,656.88 feet to the
resolutions, or policies. *Editor's note—Laws of Fla. ch. 2000-394, §3, amended
(b) This Act shall not affect the terms of office Art.XVI in its entirety to read as herein set out.Former Art.
of the present district board,nor shall it affect the XVI,§§262-596-262-610,pertained to similar subject matter
and derived from Laws of Fla. ch.89-426,§§ 1-13, 15, 16.
terms and conditions of employment of any em- State law reference—Water management districts, F.S.
ployees of the district. Ch.298.
Supp.No.24 SA262:123
§262-596 COLLIER COUNTY CODE -�
northwest corner of said Section 25; provisions of Florida law applicable to water
thence S.87-56-46 E.along the north control districts or subdistricts which are embod-
boundary line of said Section 25 a ied in F.S. Ch. 298, as it may be amended from
distance of 1,950.00 feet; thence S. time to time, so far as not inconsistent with this
0-27-54 E. a distance of 1,176.05 Act, are hereby declared to be applicable to the
feet; thence S. 0-53-38 E. a distance Cow Slough Water Control District. The Cow
of 2,450.41 feet;thence S. 0-34-26 E. Slough Water Control District shall have all of the
a distance of 1,025.07 feet;thence N. powers and authorities conferred in this Act and
88-07-20 W. a distance of 1,963.85 F.S. Ch. 298, as they may be amended from time
feet to the said point-of-beginning of to time.
this description. (Laws of Fla. ch. 2000-394, § 3)
(2) In Township 45 south,Range 29 east:
All of Sections 18 and 19; that por- Sec. 262-598. Minimum requirements.
tion of the south 1/2, west of State In accordance with F.S. § 189.404(3), the fol-
Road 29 and the south 1/2 of the lowing subsections shall constitute the charter of
northwest 1/4 of Section 20; all Sec- the Cow Slough Water Control District:
tion 29 west of State Road 29; all of
Sections 30 and 31;and all of Section (1) The district is organized and exists for all
32 west of State Road 29. purposes set forth in this Act and F.S. Ch.
298,as they may be amended from time to
Collier County: time.
(1) In Township 46 south,Range 29 east: (2) The powers, functions, and duties of the
All of Section 5 west of State Road district, including, but not limited to, ad —.�
29; all of Section 6; that portion of valorem taxation, bond issuance, other
Section 7 north of State Road 82; all revenue-raising capabilities,budget prep-
of Section 8 west of State Road 29; aration and approval, liens and foreclo-
and, that portion of the north 1/2 of sure of liens, use of tax deeds and tax
Section 17 west of State Road 29.
certificates as appropriate for non-ad va-
(2) It is hereby determined, declared, lorem assessments,and contractual agree-
and enacted that said lands in their ments, shall be as set forth in F.S. Chs.
present condition require comprehen- 189, 197, and 298, or any other applicable
sive water control and management general or special law, as they may be
for proper use and development, and amended from time to time.
that water control for the purpose of
irrigation,reclamation,and flood pro- (3) The district was created by special act of
tection of said lands and the creation the Florida Legislature by Laws of Fla.
of the district with the power vested ch. 89-426, in accordance with F.S. Ch.
in it by this Act and F.S. Ch. 298, as 298.
they may be amended from time to (4) The district's charter may be amended
time, is in the interest of and condu- only by special act of the legislature.
cive to public welfare, health, and
convenience. (5) In accordance with F.S. Ch. 189, Florida
(Laws of Fla. ch. 2000-394, § 3) Statutes, this Act, and F.S. § 298.11, the
district is governed by a three member
Sec. 262-597. Provisions of other laws made board, elected on a one acre, one vote
applicable. basis by the landowners in the district.
The membership and organization of the
The Cow Slough Water Control District hereby board shall be as set forth in this Act and
created shall be an independent water control F.S. Ch. 298, as they may be amended —1
district and a public corporation of this state. The from time to time.
Supp.No.24 SA262:124
SPECIAL DISTRICTS §262-632
(6) The compensation of board members shall ARTICLE XVII. COLLIER COUNTY
be governed by this Act and F.S. Ch. 298, WATER-SEWER DISTRICT*
as they may be amended from time to
time. Sec. 262-631. Legislative intent.
(7) The administrative duties of the board of It is declared as a matter of legislative deter-
supervisors shall be as set forth in this mination that the extensive growth population
Act and F.S. Ch. 298, as they may be and attendant commerce throughout Collier County
amended from time to time. continue to give rise to public health and water
(8) Requirements for financial disclosure, supply concerns, in that many of the unincorpo-
meeting notices,reporting, public records rated areas of Collier County are not served by
maintenance, and per diem expenses for water and sewer facilities normally and generally
officers and employees shall be as set provided and maintained by governmental agen-
forth in F.S. Chs. 112, 119, 189, 286, and cies and, instead, are served by private wells and
298,as they may be amended from time to privately-owned package sewage treatment plants
or septic tanks; that the proliferation of such
time. package sewage treatment plants and use of
(9) The procedures and requirements govern- septic tanks poses a significant risk of contami-
ing the issuance of bonds, notes, and nation of water supply sources for both incorpo-
other evidence of indebtedness by the rated and unincorporated areas of Collier County;
district shall be as set forth in F.S. Ch. that it is the intent of the legislature to continue
298, and applicable general laws, as they to authorize the Board of County Commissioners
may be amended from time to time. of Collier County to act as the governing board
(district board)of the Collier County Water-Sewer
(10) The procedures for conducting district elec- District with overall responsibility for the provi-
".-' tions and for qualification of electors shall sion of water and sewer services to specified
be pursuant to this Act and F.S. Chs. 189 geographic areas of Collier County as hereinafter
and 298, as they may be amended from provided.
time to time. (Laws of Fla. ch. 2003-353, § 3)
(11) The district may be financed by any method Sec. 262-632. County water-sewer district re-
established in this Act, F.S. Ch. 298, and established.
applicable general laws, as they may be
amended from time to time. This district is a political subdivision of the
state and a body corporate and politic. The Board
(12) The methods for collecting non-ad valo- of County Commissioners of Collier County shall
rem assessments, fees, or service charges be the governing board of the district with rights,
shall be as set forth in F.S. Chs. 197 and powers, and responsibilities as provided in this
298, and other applicable general laws,as Act and by general law, including,but not limited
they may be amended from time to time. to, the authority to enact ordinances and adopt
(13) The district's planning requirements shall resolutions, to adopt rules and regulations for its
be as set forth in F.S. Chs. 189 and 298, as own government and proceeding, and to adopt an
they may be amended from time to time. *Editor's note—Laws of Fla. ch. 2003-353, §3,amended
Art.XVII in its entirety to read as herein set out.Former Art.
(14) The district's geographic boundary limita- XVII, §§262-631-262-653,pertained to similar subject mat-
tions shall be as set forth in this Act. ter and derived from Laws of Fla. ch. 88-499, §§ 1-6,8-23;
(Laws of Fla. ch. 2000-394, § 3) Laws of Fla. ch.89-452, § 1;Laws of Fla. ch. 96-451, §§ 1,2.
Code reference—Ordinances pertaining to Collier County
Water-Sewer District, § 134-171 et seq.
State law reference—Water and sewer districts, F.S.
Secs. 262-599-262-630. Reserved. § 153.50 et seq.
Supp.No.24 SA262:125
§262-632 COLLIER COUNTY CODE
official seal for the district. This Act may be a specified date, place, and time shall
known and be cited as the"Collier County Water- have been published at least once a week
Sewer District Act." for two consecutive weeks in a newspaper
(Laws of Fla. ch. 2003-353, § 3) of general circulation in Collier County.
Areas described in paragraphs a.,b.,c.,or
Sec. 262-633. Jurisdiction, restrictions, and d. in subsection (5), can be added to the
boundaries. district's service area as then authorized
by law.
As applied to the City of Naples, Everglades
City,Immokalee Water and Sewer District,Marco (4) Nothing in this Act shall be construed to
Island, Golden Gate, and other unincorporated negate or otherwise limit the powers, au
areas. thority, and jurisdiction of the Board of
County Commissioners of Collier County
(1) The Collier County Water-Sewer District to provide for water and sewer services
Board shall exercise jurisdiction over the under then-existing general law in any
provision of water and sewer services portion of Collier County.
within the boundaries as hereinafter pro-
vided for. The board shall be exempt from (5) The boundaries of the district are de
the provisions of F.S.Ch. 120.No privately- scribed as follows:
owned water or sewer utility shall be Beginning at the easterly shoreline of the
abandoned without adequate provision for Gulf of Mexico and the north line of Sec-
continuance of service and the prior ap- tion 6,Township 48 south,Range 25 East,
proval of the board. Tallahassee Meridian,Collier County,Flor-
(2) Notwithstanding any other provisions of ida; thence east along the north line of --�
this Act, the district board shall exercise said Section 6 and Section 5 to the north-
no jurisdiction or power of any kind over east corner of Section 5, Township 48
properties located within the boundaries south, Range 25 east; thence south along
of the City of Naples water and/or sewer the east line of said Section 5 to the
service areas, or Everglades City, as all southeast corner of said Section 5, Town
such boundaries exist on the effective ship 48 south, Range 25 east;thence east
date of this Act, except as may be con- along the north line of Sections 9, 10, 11,
sented to in writing by the respective city and 12 of Township 48 south, Range 25
councils. The district board may exercise east to the northeast corner of Section 12,
jurisdiction and power over properties to Township 48 south,Range 25 east;thence
cated within the prior geographic bound east along the north line of Sections 7, 8,
aries of the Pelican Bay Improvement and 9 to the northeast corner of Section 9,
District. In 1991 the district assumed the Township 48 south,Range 26 east;thence
bonds of that district and, pursuant to south along the east Section line of Sec
Resolution No.91-216 began serving within tions 9 and 16 to the southeast corner of
that geographic area. Section 16, Township 48 south, Range 26
east; thence east along the north Section
(3) Any portion of the unincorporated area of line of Sections 22 and 23 to the northeast
Collier County,except the Immokalee Wa- corner of Section 23, Township 48 south,
ter and Sewer District, and the areas Range 26 east; thence south along the
described in subsection(5),paragraphs a., east section line of Sections 23, 26 and 35
b., c., and d., may be added to the bound- to the southeast corner of Section 35,
aries of the Collier County Water-Sewer Township 48 south,Range 26 east;thence
District by adoption of a resolution by the south along the east line of Sections 2, 11,
district board. Such resolution may be 14, 23, and 26 to the southeast corner of
adopted only after notice of intent to con- Section 26, Township 49 south, Range 26 -�
sider the resolution at a public hearing at east; thence east along the north line of
Supp.No.24 SA262:126
SPECIAL DISTRICTS §262-633
Section 36, Township 49 south, Range 26 48 south,Range 27 east;thence along the
east to the northeast corner of said Sec- west line of said Section 31,north 01°09'24"
tion 36;thence south along the east line of west 171.66 feet;thence leaving said west
Section 36, Township 49 south, Range 26 line north 83°50'36"east 127.49 feet;thence
east to the southeast corner of said Sec- north 68°11'27" east 312.23 feet; thence
tion 36;thence south along the east line of south 83°37'40" east 1074.79 feet; thence
Section 1 to the southeast corner of Sec- north 12°38'39" east 90.57 feet; thence
tion 1,Township 50 south, Range 26 east; north 74°34'44" west 439.84 feet; thence
thence west along the north line of Sec- north 89°59'36" west 538.03 feet; thence
tion 12,Township 50 south,Range 26 east north 47°32'40" west 324.00 feet; thence
to the northeast corner of said Section 12; north 29°27'34" west 131.44 feet; thence
thence south along the east line of Sec- north 06°47'28" west 278.30 feet; thence
tions 11, 14, 23, 26 and 35, Township 50 north 85°09'12" east 1,515.99 feet; thence
south, Range 26 east to the southeast north 04°50'48" west 350.00 feet; thence
corner of Section 35, Township 50 south, north 89°57'58" east 940.00 feet; thence
Range 26 east; thence south along the north 22°40'09" east 580.00 feet; thence
east line of Section 2, Township 51 south, north 32°24'35" west 831.83 feet; thence
Range 26 east to a point of the east line of north 07°23'02"west 1,884.92 Feet;thence
Section 2 lying one mile north, as mea- north 24°30'12" east 230.40 feet; thence
sured perpendicular to the northerly right- north 63°03'47" east 78.78 feet; thence
of-way line of U.S. 41, State Road 90, south 60°24'49" east 68.67 feet; thence
Tamiami Trail;thence southeasterly along south 69°35'20" east 178.33 feet; thence
a line lying one mile north, as measured south 66°45'54" east 103.57 feet; thence
perpendicular to the northerly right-of- south 41°21'25" east 58.77 feet; thence
way line of U.S.41,State Road 90,Tamiami south 09°23'59" east 146.74 feet; thence
Trail,to a point on the east Section line of south 60°56'19" east 161.95 feet; thence
Section 22, Township 51 south, Range 27 south 86°10'30" east 169.68 feet; thence
East; thence continue south along the south 65°47'35" east 108.59 feet; thence
east Section line of Sections 22,27 and 34, south 61°42'19" east 160.73 feet; thence
Township 51 south, Range 27 east, to the south 51°09'20" east 246.90 feet; thence
southeast corner of said Section 34;thence south 17°08'46" east 135.69 feet; thence
continue south along the east Section line south 05°30'20" east 174.19 feet; thence
of Section 3,Township 52 south,Range 27 south 36°22'19" east 85.39 feet; thence
east, to the intersection of said east Sec- south 01°28'39" west 193.59 feet; thence
tion line of Section 3 with Black Water south 20°43'55" west 57.31 feet; thence
River; thence southerly along the waters north 89°21'53" east 132.49 feet; thence
of Black Water River and Black Water south 00°38'07" east 600.72 feet; thence
Bay to their intersection with Gullivan north 87°40'00" east 1319.77 feet to a
Bay; thence Westerly along the waters of point on the east 1/4 corner of said Section
Gullivan Bay and Sunfish Flat and 31; thence along the east line of said
Caxambas Bay to Caxambas Pass;thence Section 31, south 00°39'23" east 2682.53
west through Caxambas Pass to the east- feet to the southeast corner of said Section
erly shoreline of the Gulf of Mexico;thence 31; thence along the south line of said
northerly along the easterly shoreline of Section 31, south 87°55'34" west 5136.08
the Gulf of Mexico to the intersection of feet to the point of beginning of the parcel
the easterly shoreline of the Gulf of Mex- herein described;containing 112,640 acres
ico and the north line of Section 6, Town- more or less; subject to easements and
ship 48 south, Range 25 east, being the restrictions of record, bearings are based
point of beginning; and beginning at the on the south line of said Section 31,being
southwest corner of Section 31, Township south 87°55'34" west;
Supp.No.24 SA262:127
§262-633 COLLIER COUNTY CODE
Less and except all of the following: west line of the SW 1/4 of said Section
a. Any lands lying within the City of 16 for 641.49 feet;thence S.89°57'll"
E. 5,290.05 feet to a point of inter-
Naples water and sewer service ar
eas, as may be revised from time to section with the east line of the SE
time by mutual agreement between 1/4 of the said Section 16, said point
the City of Naples and the County bearing N. 00°41'07" W. and a dis
Water Sewer District of Collier tance of 624.00 feet from the south-
County, Florida. east corner of said Section 16;thence
east 5,194.36 feet to a point of the
b. All lands that are subject to Florida westerly right-of-way line of State
Public Service Commission Certifi- Road No. 858; thence south, along
cate No. 452-W and Florida Public said westerly right-of-way line,137.12
Service Commission Certificate No. feet to the point of beginning, all of
386-S, heretofore granted to Marco the above lying and being in Collier
Island Utilities pursuant to Florida County, Florida. NOTE: No part of
Public Service Commission Order No. this land is within any boundary of
17218;and(less and except)all lands any municipal corporation.
that are subject to Florida Public
Service Commission Certificate No. d. Everglades City;The Immokalee Wa-
470-W and Florida Public Service ter and Sewer District. Because no
Commission Certificate No. 405-S boundary of the Collier County Water-
heretofore granted to Marco Shore Sewer District is now in close phys-
Utilities pursuant to Florida Public ical proximity to either the Ever
Service Commission Order No. 17218. glades City or to the Immokalee Water
and Sewer District, it is not neces-
c. All lands known as the City of Golden sary to describe with particularity in
Gate (an unincorporated area) de- this Act the geographic boundaries
scribed as follows: of that city or that district.
All of Sections 21, 22, 27, and 28, (Laws of Fla. ch. 2003-353, § 3)
Township 49 south, Range 26 east,
less the east 100 feet of said Sections Sec. 262-634. Definitions.
22 and 27. Also the following de-
scribed portions of Sections 15 and As used in this Act, the following words and
16, Township 49 south, Range 26 terms shall have the following meanings, unless
east. Commence at the southeast some other meaning is plainly intended:
corner of said Section 15,S.84°44'22" (1) District means the Collier County Water-
W. along the south line of the SE 1/4 Sewer District and the geographic bound-
of said Section 15 for 100.42 feet to a aries of the district.
point on the westerly right-of-way
line of State Road No. 858 and the (2) Board or district board means the Board
point of beginning; thence continue of County Commissioners of Collier County,
S. 84°44'22" W. 2,555.94 feet to the acting as the governing board of the Col-
south 1/4 corner of said Section 15; lier County Water-Sewer District.
thence S.84°32'25"W.along the south (3) Bonds means revenue bonds and assess-
line of the SW 1/4 of said Section 15 ment bonds.
for 2,653.76 feet to the southeast
corner of aforesaid Section 16;thence (4) District clerk means the Clerk of the Cir-
S. 89°51'27" W. along the south line cult Court and the ex officio Clerk of the
of said Section 16 for 5,290.68 feet to Board of County Commissioners of Collier
the southwest corner of said Section County, who shall be clerk and treasurer ---�
16; thence N. 00°36'43"W, along the of the district.
Supp.No.24 SA262:128
SPECIAL DISTRICTS §262-634
(5) System means the water and/or the sewer whatsoever relating to any such system
system of the district. and necessary or convenient for the oper-
ation thereof.
(6) Sewer system means and includes any
plant, system, facility, or property and (8) Cost as applied to the acquisition and
additions, extensions, and improvements construction extensions, additions, or im-
thereto at any future time constructed or provements to the system includes the
acquired as part thereof, useful or neces- cost of: construction or reconstruction, ac-
sary or having the present capacity for quisition, or purchase; all labor, materi-
future use in connection with the collec- als, machinery, and equipment; all lands
and interest therein,property,rights,ease-
tion, treatment, purification, or disposal
ments,and franchises of any nature what-
of sewage of any nature or originating
soever; financing charges, and interest
from any source, including industrial
wastes resulting from any processes of prior to and during construction and for
industry, manufacture, trade, or business not more than two years after completion
or from the development of any natural of the construction or acquisition, exten
resources; and without limiting the gen- sions, additions, or improvements to the
erality of the foregoing definition shall system; the creation of initial reserve or
embrace treatment plants, pump sta debt service funds, and bond discount;
tions, lift stations, valves, force mains, plans and specifications, surveys, and es
engineer-
intercepting sewers, laterals, pressure timates of costs and revenues;
lines, mains, and all necessary appurte ing, financial, and legal services; and all
nances and equipment, all sewer mains other expenses necessary or incidental in
determining the feasibility or practicabil-
and laterals for the reception and collec- ity of such construction,reconstruction,or
tion of sewage from premises connected acquisition, administrative expenses, and
therewith, and shall include all real and such other expenses as may be necessary
personal property and any interest therein, or incidental to financing authorized by
rights, easements, and franchises of any this Act, and including reimbursement to
nature whatsoever relating to any such Collier County or to any other person,
system and necessary or convenient for firm, or corporation for any moneys ad-
the operation thereof. vanced to the district for any expenses
(7) Water system means and includes any incurred by the District or Collier County
in connection with any of the foregoing
plant, system, facility, or property and items of cost, or the reestablishment of
additions, extensions, and improvements the district.
thereto at any future time constructed or
acquired as part thereof, useful or neces- (9) Assessable improvements means that por-
sary or having the present capacity for tion or portions of a sewer system or a
future use in connection with the devel- water system of a local nature and of
opment of sources,treatment, or purifica- benefit to the premises or lands served
tion and distribution of water for domes- thereby and particularly,without limiting
tic or industrial use and,without limiting the generality of the foregoing, with ref-
the generality of the foregoing, includes erence to a sewer system, includes, with-
dams, reservoirs, storage tanks, mains, out being limited to, laterals and mains
lines, valves, pumping stations, laterals, for the collection and reception of sewage
and pipes for the purpose of carrying from premises connected therewith, local
water to the premises connected with such or auxiliary pumping or lift stations,treat-
system and includes all real and personal ment plants or disposal plants, and other
property and any interests therein,rights, appurtenant facilities and equipment for
easements, and franchises of any nature the collection, treatment, and disposal of
Supp.No.24 SA262:129
§262-634 COLLIER COUNTY CODE
sewage; and, with reference to a water nance of outhouses, privies, septic tanks,
system, includes such mains and laterals package sewage treatment plants,or other
and other distribution facilities, pumping unsanitary structures or appliances.
stations, and sources of supply as are of
benefit to the property served by such (3) To fix and collect rates, fees, and other
water system together with incidental charges (including impact fees and sys-
equipment and appurtenances necessary tem development charges) to persons or
therefore. property or both for the use of the facili-
ties and services provided by the water
(10) Revenue bonds means bonds or other ob- system or sewer system or both,and to fix
ligations secured by and payable from the and collect charges for making connec-
revenues derived from rates, fees, and tions with the water system or sewer
charges collected by the district from the system,and to provide for reasonable pen-
users or future users of the facilities of the alties on any users or property for any
system, and which may be additionally such rates,fees,or charges that are delin-
secured by a pledge of the proceeds of quent.
special assessments levied against bene-
fited property. (4) To acquire in the name of the district by
(11) Assessment bonds means bonds or other purchase, gift, or the exercise of the right
of eminent domain, pursuant to F.S. Chs.
obligations secured by and payable from
special assessments levied against bene- and 74, such lands and rights and
fited lands, and which may be addition- interests therein, including lands under
ally secured by a pledge of other moneys water and riparian rights, and to acquire
received by the district. such personal property as it may deem
(Laws of Fla. ch. 2003-353, § 3) necessary in connection with the construc-
tion, reconstruction, improvement, exten-
Sec. 262-635. Powers and duties of the dis- sion, installation, erection, or operation
trict board. and maintenance of the system, and to
hold and dispose of all real and personal
The Collier County Water-Sewer District Board property under its control. The power of
shall have the following powers and duties in eminent domain may be exercised both
addition to and supplementing other powers within and outside the boundaries of the
granted in this Act and powers granted to coun- district but within the boundaries of Col-
ties by general law: her County. The eminent domain powers
(1) To construct,install,erect,acquire,and to of the district as authorized in this section
operate, maintain, improve, extend, or may not be exercised in the areas specif
enlarge and reconstruct a water system or ically excluded from the district's jurisdic-
a sewer system, or both, within the geo tion and boundaries in section (3), except
graphic boundaries of the district and the as provided in this section, for the exer
environs thereof and to have the exclusive cise of such jurisdiction or for the addition
control and jurisdiction thereof; and to to the boundaries of the district of such
issue its revenue bonds or assessment specific areas.
bonds, or any combination of the forego-
ing, to pay all or part of the cost of such (5) To exercise exclusive jurisdiction, control,
construction, reconstruction, erection, ac-
quisition, or installation of such water part thereof owned, operated, or main
tamed by the district and to make and
system, sewer system, or both.
enforce such rules and regulations for the
(2) To regulate the use of sewers and the maintenance and operation of the system
supply of water within the district's bound- as may be, in the judgment of the board, --�
aries and to prohibit the use and mainte- necessary or desirable for the efficient
Supp.No.24 SA262:130
SPECIAL DISTRICTS §262-635
operation of the system or improvements the Collier County Purchasing Policy Res-
in accomplishing the purposes of this Act. olution, and any successor or superceding
resolutions.
(6) To restrain, enjoin, or otherwise prevent
the violation of this law or of any resolu- (13) To construct and operate connecting, in-
tion,rule, or regulation adopted pursuant tercepting, or outlet sewers and sewer
to the powers granted by this Act or by mains and pipes and water mains, con-
general law. duits, or pipe lines in, along,or under any
streets, alleys, highways, or other public
(7) To join with any other districts, cities, places or ways regulated by or under the
towns,counties,or other political subdivi- jurisdiction of the state or the county or
sions, public agencies, or authorities in any municipality or political subdivision
the exercise of common powers. when necessary or convenient for the pur-
(8) To contract with other private or public poses of the district.
entities or persons to provide or receive a (14) Subject to such provisions and restric-
water supply or for sewage disposal, col- tions as may be set forth in the resolution
lection, or treatment or to operate the authorizing or securing any bonds or other
water or sewer system of such entity or obligations issued under the provisions of
person. this Act, to enter into contracts with the
(9) To prescribe methods of pretreatment of Government of the United States or any
industrial wastes not amenable to treat- agency or instrumentality thereof, with
ment with domestic sewage before accept-
the state or any agency or instrumental-
ing such wastes for treatment and to ity thereof,or with any county,municipal-
refuse to accept such industrial wastes ity,district,authority,or political subdivi-
when not sufficiently pretreated as may Sion, private corporation, partnership,
association, or individual, or any combi-
be prescribed, and by proper ordinance or nation(s)thereof,providing for or relating
resolution to prescribe penalties for the to the treatment, collection, and disposal
refusal of any person or corporation to so of sewage, or the treatment, supply, and
pretreat such industrial wastes. distribution of water and any other mat-
(10) To require and enforce the use of its ters relevant thereto or otherwise neces-
facilities whenever and wherever they are sary to effect the purpose of this Act, and
accessible, and to require and enforce the to receive and accept from any federal or
installation and dedication to the district state agency grants or loans for or in aid
of water and/or sewer facilities and ease- of the planning, construction, reconstruc-
ments as a condition precedent to the tion, or financing of improvements, addi-
provision of service by the district or by tions, or extensions to the system and to
another entity authorized by the district receive and accept aid or contributions or
to provide interim service until district loans from any other source of either
facilities are available. money, property, labor, or other things of
value, to be held, used, and applied only
(11) To sell or otherwise dispose of the efflu- for the purpose for which such grants,
ent, sludge, or other byproducts as a re- contributions, or loans may be made.
sult of sewage treatment.
(15) To enter into interlocal agreements with
(12) To accomplish construction by awarding, any municipality, county, district, author-
letting,or entering into contracts for all or ity, or political subdivision for any corpo-
any part or parts of the construction of the rate purpose of the district,including,but
system in accordance with the Collier not limited to, borrowing money for con-
County Purchasing Ordinance, and any struction of improvements,additions,and
successor or superceding ordinance, and extensions to the system.
Supp.No. 24 SA262:131
§262-635 COLLIER COUNTY CODE
(16) To assume ownership,operation,and con- fore, and to provide a margin of safety over and
trol of any county, municipality, district, above the total amount of any such payments,
or authority owned water or sewer sys- and to comply fully with any covenants contained
tern, or both, including the assumption of in the resolution authorizing the issuance of any
the financial liabilities associated with bonds or other obligations of the district. The
such water or sewer system, or both. district shall charge and collect such rates, fees,
(17) To divide the system into separate sub- and charges so adopted or revised,and such rates,
systems or subdistricts for purposes of fees, and charges shall not be subject to the
supervision or regulation by any other commis-
setting rates,accounting,or financing im sion, board, bureau, agency, or other political
provements or additions thereto or dele subdivision or agency of the county or state.
tions therefrom.
(18) To appoint advisory, administrative, or (b) Such rates, fees, and charges shall be just
operational boards and committees to as- and equitable and uniform for users of the same
sist the board in the exercise and perfor- class and, where appropriate, may be based or
mance of the powers and duties provided computed either upon the quantity of water con-
in this Act or otherwise by law. The board sumed or upon the number and size of sewer
may delegate any or all of its powers and connections or upon the number and kind of
duties to such boards and committees. plumbing fixtures in use in the premises, or upon
the number or average number of persons resid-
(19) To do all acts and things necessary or ing or working in or otherwise using or occupying
convenient for the conduct of its business such premises, or by equivalent residential units,
and the general welfare of the district in or upon any other factor affecting the use of the
order to carry out the powers and duties facilities furnished, or upon any combination of
provided in this Act or then provided in the foregoing factors as may be determined by the
any other law applicable to counties. board on any other equitable basis.
(Laws of Fla. ch. 2003-353, § 3)
(c) No rates,fees, or charges,including impact
Sec. 262-636. Adoption of rates, fees, and fees, shall be adopted or revised under this sec-
other charges. tion until after a public hearing, at which all
users of the system affected thereby, or owners,
(a) The board shall adopt the schedule of rates, tenants, or occupants served or to be served
fees, or other charges for the use of and the thereby and all others interested shall have an
services and facilities to be furnished by the water opportunity to be heard concerning the proposed
system or sewer system to be paid by the owner, rates, fees, and charges. Notice of such public
tenant, or occupant of each lot or parcel of land hearing setting forth the proposed schedule or
which may be connected with or used by such schedules of rates, fees, and charges shall be
systems. The current schedule of such rates,fees, given by one publication in a newspaper pub-
and other charges shall be that already in effect lished in Collier County at least ten days before
in the district and any subdistricts as of the the date fixed in such notice for the hearing,
effective date of this Act. The board may thereaf- which may be adjourned from time to time.After
ter revise the schedule of rates, fees, and charges such hearing such schedule or schedules, either
from time to time. However, such rates, fees, and as initially adopted or as modified or amended,
charges shall be so adopted and revised so as to may be finally adopted.
provide moneys which,with other funds available
for such purposes, shall be sufficient at all times (d) A copy of the schedule or schedules of such
to pay the expenses of operating and maintaining rates, fees, or charges shall be kept on file in the
the system, including reserves for such purposes, office of the district clerk and shall be open at all
the principal of and interest on revenue bonds or times to the public for inspection. The rates, fees,
assessment bonds, or any combination thereof, as or charges so adopted for any class of users or --�
the same shall become due and reserves there- property served shall be extended to cover any
Supp.No.24 SA262:132
SPECIAL DISTRICTS §262-639
additional users or properties thereafter served ile shall nevertheless be valid and sufficient for
which shall fall in the same class, without the all purposes as if he or she had remained in office
necessity of any hearing or notice.Any change or until the delivery. The bonds or notes may be sold
revision of such rates, fees, or charges may be at public or private sale for such price or prices as
made in the same manner as such rates, fees, or the board shall determine. Pending preparation
charges were originally established as hereinabove of the definitive bonds, the district may issue
provided, except that if such changes or revisions interim receipts or certificates which shall be
be made substantially pro rata as to all classes of exchanged for such definitive bonds. The bonds
service, no hearing or notice shall be required. may be secured by such form of credit enhance-
(Laws of Fla. ch. 2003-353, § 3) ment,if any, as the board deems appropriate.The
bonds may be secured by an indenture of trust or
Sec. 262-637. Bonds. trust agreement.
(a) The district may, from time to time, issue (c) The bonds may be validated, at the discre-
bonds to pay the costs and expenses, other than tion of the board, pursuant to F.S. Ch. 75. Florida
operating expenses, incurred in carrying out the Statutes § 75.04(2), shall not apply to bonds
purposes of this Act or to refund and/or refinance validated pursuant to F.S. Ch. 75.
revenue bonds of the district issued pursuant to (Laws of Fla. ch. 2003-353, § 3)
this Act. In anticipation of the sale of such bonds,
the district may issue bond anticipation notes Sec. 262-638. Trust funds; trustees.
and/or commercial paper or similar obligations,
and may renew the same from time to time. Such The proceeds of all bonds or other obligations
notes and/or obligations may be paid from the issued under this Act or otherwise pursuant to
revenues derived by the district from the proceeds law, and all revenues derived from the operation
of the sale of the bonds of the district in anticipa- of the system for the payment of all or part of the
tion of which they were issued. The notes and/or cost of which any bonds or other obligations
obligations shall be issued in the same manner as authorized by this Act have been issued shall be
the bonds. Bonds and notes shall be, and shall be and constitute trust funds, and shall be used and
deemed to be, for all purposes, negotiable instru- applied only in accordance with the proceedings
ments. authorizing the issuance of any bonds or other
obligations issued pursuant to this Act, and the
(b) The bonds may be issued as serial bonds or district may appoint trustees, within or without
as term bonds or the district, in its discretion, the state, under trust agreements or indentures
may issue bonds of both types. The district may to hold and administer the proceeds of any such
issue capital appreciation bonds or variable rate bonds or other obligations or any such revenues.
bonds. The bonds shall be authorized by resolu- The district may provide that the moneys or funds
tion of the board and shall bear such date or and accounts established by the proceedings au-
dates; mature at such time or times, not exceed- thorizing the issuance of any revenue bonds shall
ing 30 years from their respective dates; bear be subject to the lien of the pledge established by
interest at such rate or rates; be payable at such the proceedings without any physical delivery
time or times;be in such denomination;be in such thereof and the lien of the pledge shall be valid
form; carry such registration privileges; be exe- and binding as against all parties bringing claims
cuted in such manner; be payable from such of any kind in tort, contract, or otherwise against
sources and in such medium of payment and at the district.
such place or places; and be subject to such terms (Laws of Fla. ch. 2003-353, § 3)
of redemption, including redemption prior to ma-
turity, as such resolution or resolutions may pro- Sec. 262-639. Covenants of the district board
vide. If any officer whose signature,or a facsimile with bondholders.
of whose signature, appears on any bonds or
coupons ceases to be such officer before the deliv- In addition to the other provisions and require-
ery date of such bonds, such signature or facsim- ments of this Act, any resolution authorizing the
Supp.No.24 SA262:133
§262-639 COLLIER COUNTY CODE
issuance of bonds or any other obligations issued (10) Provisions as to the maintenance of the
hereunder may contain provisions and the dis- system and reasonable insurance thereof.
trict board is authorized to provide and may
covenant (11) Any other matters necessary to secure the
and agree with the several holders of
bonds and the payment of the principal
such bonds or other obligations as to:
and interest thereof. All such provisions
(1) Reasonable deposits with the district in of the resolution shall constitute valid
advance to ensure the payment of rates, and legally binding contracts between the
fees, or charges for the facilities of the district and several holders of any such
system. bonds and shall be enforceable by any
such holder or holders by mandamus or
(2) The discontinuance of the services and other appropriate action, suit,or proceed-
facilities of the system, or both, for delin- ing in law of equity in any court of corn-
quent payments for either water services petent jurisdiction.
or sewer services, and the terms and (Laws of Fla. ch. 2003-353, § 3)
conditions of the restoration of such ser-
vice. Sec. 262-640. Unpaid fees to constitute lien.
(3) Limitations on the powers of the district In the event that the fees, rates, or charges for
to construct, acquire, or operate, or per- the services and facilities of the system shall not
mit the construction, acquisition, or oper- be paid as and when due, any unpaid balance
ation of any plants, structures, facilities, thereof and all interest accruing thereon shall be
or properties which may compete or tend a lien on any parcel or property affected thereby.
to compete with the system. Such liens shall be superior and paramount to the
interest on such parcel or property of any owner,
(4) The manner and method of paying service lessee, tenant, mortgagee, or other person except
charges and fees and the levying of pen the lien of county taxes and shall be on parity
alties for delinquent payments. with the lien of any such county taxes. In the
(5) Subject to this Act, the manner and order event that any such service charge shall not be
of priority of the disposition of revenues or paid as and when due and shall be in default for
redemption of any bonds or other obliga- 30 days or more, the unpaid balance thereof and
tions. all interest accrued thereon, together with
attorney's fees and costs,may be recovered by the
(6) Terms and conditions for modification or district in a civil action, and any such lien and
amendment of the resolution authorizing accrued interest may be foreclosed or otherwise
the issuance of bonds or other obligations. enforced by the district by action or suit in equity
(7) Provisions for and limitations on the ap- as for the foreclosure of a mortgage on real
pointment of a trustee for bondholders for property.
the system. (Laws of Fla. ch. 2003-353, § 3)
(8) Provisions as to the appointment of a Sec. 262-641. Publication of notice of issu-
receiver of the system on default of prin- ance of bonds.
cipal or interest on any such bonds or
other obligations or the breach of any Prior to the issuance of bonds or other obliga-
covenant or condition of the resolution tions, the Board, in its discretion, may publish a
authorizing such bonds or other obliga- notice at least once in a newspaper published in
tions. Collier County stating the date of adoption of the
resolution authorizing such obligations and the
(9) Provisions as to the execution and enter- amount, maximum rate of interest, and maturity
ing into of trust agreements regarding the of such obligations and the purpose in general
holding and disposition of revenues de- terms for which such obligations are to be issued,
rived from the system or bonds. and further stating that any action contesting the
Supp.No.24 SA262:134
SPECIAL DISTRICTS §262-646
bonds, proceedings authorizing the issuance shall be open to public inspection.This report will
thereof, or of any covenants relating thereto must be known as the annual audit report and shall be
be instituted within 20 days after the first publi- issued by a certified public accountant appointed
cation of such notice, or the validity of such by the board. The annual audit report may be
obligations or proceedings or covenants shall not included as part of Collier County's comprehen-
thereafter be questioned in any court whatsoever. sive annual report or may be issued separately.
If no such action or proceeding is so instituted (Laws of Fla. ch. 2003-353, § 3)
within such 20-day period, then the validity of
such obligations,proceedings,and covenants shall Sec. 262-644. District bonds as securities for
be conclusive, and all persons or parties whatso- public bodies.
ever shall be forever barred from questioning the
validity of such obligations, proceedings, or cove- All bonds issued pursuant to this Act shall be
nants in any court whatsoever. and constitute legal investments for state,county,
(Laws of Fla. ch. 2003-353, § 3) municipal, and all other public funds and for
banks,savings banks,insurance companies,exec-
Sec. 262-642. Bonds; qualities of negotiable utors, administrators, trustees, and all other fi-
instruments;rights of holders. duciaries and shall also be and constitute securi-
All bonds issued hereunder shall not be invalid ties eligible as collateral security for all state,
for any irregularity or defect in the proceedings county, municipal, or other public funds, subject
for the issuance and sale thereof and shall be to the restrictions and limitations of F.S. Chs. 18,
incontestable in the hands of bona fide purchas- 136, 518, 655, 657, 658, 660, 663, 665, and 687.
ers for value. No proceedings in respect to the (Laws of Fla. ch. 2003-353, § 3)
issuance of such bonds shall be necessary except
such as are required by this Act.The provisions of Sec. 262-645. Contracts.
this Act shall constitute an irrevocable contract
between the district and the holders of any such All contracts of the district awarded, let, or
bonds or coupons thereof issued pursuant to the entered into shall be in accordance with the
provisions hereof. Any holder of such bonds may Collier County Purchasing Ordinance, or any
either at law or in equity, by suit, action, or successor ordinance, and the Collier County Pur-
mandamus, enforce and compel the performance chasing Policy Resolution, or any successor or
of the duties required by this Act or by general superceding resolution(s).
law, or of any of the officers or persons herein (Laws of Fla. ch. 2003-353, § 3)
mentioned in relation to said bonds, or the levy,
assessment, collection, and enforcement and ap-
plication of the revenues, assessments, or other Sec. 262-646. Special assessments.
funds pledged for the payment of the principal
and interest thereof. The board may provide for the levy, collection,
(Laws of Fla. ch. 2003-353, § 3) and enforcement of special assessments utilizing
any of the following methods and procedures or
Sec. 262-643. Annual reports of the district any combination thereof: F.S. Chs. 170 and 173,
board. or F.S. § 197.3632;or the board may adopt its own
method of procedures for the levy, collection, and
The district board shall cause to be made at enforcement of special assessments upon compli-
least once each year a comprehensive report of its ance with the notice and hearing requirements
system, including all matters relating to rates, set forth for the adoption of rates, fees, and other
revenues, expenses of maintenance, repair, and charges. The board may contract with the county
operation and renewals and capital replacements, tax collector, property appraiser, and/or district
principal, and interest requirements and the sta- clerk to collect such special assessments as may
tus of all funds and accounts. Copies of such be levied by the district.
report shall be filed with the district clerk and (Laws of Fla. ch. 2003-353, § 3)
Supp.No.24 SA262:135
§262-647 COLLIER COUNTY CODE "�
Sec. 262-647. Free water and sewer services mate of costs for providing the capital improve-
prohibited. ments for which the impact fees are imposed.The
applicable schedule of impact fees shall be those
No free water or sewer services shall be ren- already in effect in the district and any subdis-
dered by the district and no discrimination shall tricts as of the effective date of this consolidating
exist in the fees, rates, and charges for users of act. The board may thereafter change or revise
the same class. the schedule of impact fees upon compliance with
(Laws of Fla. ch. 2003-353, § 3) the notice and hearing requirements set forth for
the adoption of rates, fees, and other charges.
Sec. 262-648. Impact fees.
(c) The board, in its discretion, by ordinance
(a) The district by this Act is empowered to may permit the owners of buildings, structures,
levy and collect water impact fees and/or sewer or land uses which connect to the district's system
impact fees for capital improvements and debt to pay the impact fees on an installment basis
service on such capital improvements in the same with interest. In the event that the impact fees
manner and to the same extent as noncharter shall not be paid as and when due, any unpaid
counties and/or as may be provided by law. The balance thereof and all interest accruing thereon
district is empowered by this Act to levy and shall be a lien on any parcel of property affected
collect water and/or sewer impact fees only within thereby. Such liens shall be superior and para-
the then-existing geographic boundaries of the mount to the interest on such parcel of property of
district. If the building, structure, or land use on any owner, lessee, tenant, mortgagee, or other
the property for which impact fees have been paid person except the lien of county taxes and shall be
is not authorized to connect to the district's sys- on parity with the lien of any such county taxes.
tems within ten years of the date of such pay- In the event that any impact fees shall not be paid -'1
ment,the property owner holding legal title at the as and when due and shall be in default for 30
end of the ten-year period shall be eligible for a days or more, the unpaid balance thereof and all
refund of the impact fees without interest. The interest accrued thereon,together with attorney's
district shall notify the property owner of his or fees and costs, may be recovered by the district in
her eligibility for a refund by mailing notice to the a civil action, and any such lien and accrued
property owner. Such notice may be sent by interest may be foreclosed or otherwise enforced
certified or registered mail with return receipt by the district by action or suit in equity as for the
requested. Any property owner eligible for a re- foreclosure of a mortgage on property.
fund shall file written application with the board
for a refund within 90 days of the date of mailing (d) Impact fees may be pledged to the payment
of the notice by the district or such property of bonds or other obligations of the district, pro-
owner shall be deemed to have waived any right vided that the district has agreed in the resolu-
to a refund, and the district shall be entitled to tion authorizing such bonds or other obligations
retain and apply the impact fees for water and/or that it maintain net revenues, together with spe-
sewer capital improvements,as appropriate.Fail- cial assessment proceeds and other revenues de-
ure to construct the building or structure or use rived by the district, exclusive of impact fees,
the land for which impact fees have been paid equal to at least 100 percent of the debt service on
shall not constitute grounds for a refund, nor such bonds or obligations.
shall delay or failure to receive the mailed notice
of eligibility for a refund toll the 90-day time limit (e) Nothing in this Act shall be construed to
within which an application for refund must be invalidate water and sewer impact fees previ-
filed. ously levied and collected and pledged by the
Board of County Commissioners of Collier County
(b) Water impact fees and sewer impact fees under its preexisting implied authority to levy
should be reviewed at least every three years by and collect and pledge such charges on the effec-
the board to determine that the impact fees are tive date of this consolidating act. --�
equitable and proportionate to the current esti- (Laws of Fla. ch. 2003-353, § 3)
Supp. No. 24 SA262:136
SPECIAL DISTRICTS §262-686
Sec. 262-649. Conveyance of property with- be construed to conflict with the jurisdiction of the
out consideration. Florida Public Service Commission as then pro-
Any municipality, political subdivision, dis- vided in F.S. Ch. 367.
trict, or authority shall be authorized to sell, (c) If any section, sentence, clause, phrase, or
lease, grant, or convey any real or personal prop- word of this Act is for any reason held or declared
erty to the district and any such sale,grant,lease, to be unconstitutional, inoperative, or void, such
or conveyance may be made without consider- holding or invalidity shall not affect the remain-
ation. ing portions of this Act, and it shall be construed
(Laws of Fla. ch. 2003-353, § 3) to have been the legislative intent to pass this Act
without such unconstitutional,invalid, or inoper-
Sec. 262-650. District approval of construc- ative part therein; and the remainder of this Act,
tion of water and sewage facil- after exclusion of such part or parts, shall be
ities. deemed and held to be valid as if such parts had
not been included herein.
No sewage disposal plant or other facilities for (Laws of Fla. ch. 2003-353, § 3)
the collection or treatment of sewage or any water
treatment plant or other facilities for the supply Sec. 262-652. Penalties and enforcement.
or distribution of water, shall be constructed
within the boundaries of the district unless the Penalties for a violation of any provision of this
district board shall give its written consent thereto Act or any of the ordinances,rules,regulations,or
and approve the plans and specifications there- resolutions adopted pursuant to the authority of
fore;subject,however,to the terms and provisions this Act or otherwise shall be as provided for the
of any resolution authorizing any bonds and agree- violation of county ordinances. In addition, the
ments with bondholders. district may seek enforcement of this Act and/or
(Laws of Fla. ch. 2003-353, § 3) damages, plus costs and attorney's fees, for a
violation of this Act, or a violation of any of the
Sec. 262-651. Construction of law ordinances, rules, regulations, or resolutions
adopted pursuant to the authority of this Act or
(a) The provisions of this Act shall be liberally otherwise, in any court of competent jurisdiction
construed to affect its purposes and shall be as authorized by general law.
deemed cumulative, supplemental, and alterna- (Laws of Fla. ch. 2003-353, § 3)
tive authority for the exercise of the powers State law reference—Penalty for ordinance violations,
provided herein. The exercise of the powers pro- F.S. § 125.69.
vided in this Act and the issuance of bonds or
other obligations hereunder shall not be subject to Secs. 262-653-262-685. Reserved.
the limitations or provisions of any other law or
laws, including F.S. pt. II, Ch. 153, except to the
extent expressly provided herein. In the event of ARTICLE XVIII. BIG CYPRESS
any conflict between this Act and any other appli- STEWARDSHIP DISTRICT
cable law or laws providing cumulative, supple-
mental, and/or alternative authority to counties Sec. 262-686. District establishment and
and/or such districts for the exercise of the powers boundaries.
provided herein, the least restrictive in favor of
the district's powers shall apply. For the purposes of providing public infrastruc-
ture and services; the assessment, levy, and col-
(b) Nothing contained in this Act shall be con- lection of taxes,non-ad valorem assessments, and
strued to affect any actions taken or any contracts fees; the operation of district facilities and ser-
previously entered into by the Board of County vices; and all other purposes stated in this Act
Commissioners of Collier County for the provi- consistent with F.S. Chs. 189 and 298, and other
sions of water and/or sewer services within the applicable general laws,an independent steward-
boundaries of Collier County.Nothing herein shall ship district is hereby created and established in
Supp. No.24 SA262:137
§262-686 COLLIER COUNTY CODE
Collier County, to be known as the Big Cypress All of Sections 14 and 15, Township 48 south,
Stewardship District, the territorial boundaries Range 28 east, Collier County, Florida less the
of which shall be as follows: southerly 50.00 feet for road right-of-way pur-
poses as described in Official Records Book
All those parts of Townships 47, 48 and 49 154, Page 529; (1253.87 acres +)
south, Range 28 east, Collier County, Florida,
being more particularly described as follows: And
All of Section 14,Township 47,south,Range 28 All of Section 22,Township 48 south, Range 28
east, Collier County, Florida, less 100 acres of east,Collier County,Florida,less the northerly
land more or less as described in Official Records 50.00 feet for right-of-way purposes as de-
Book 2496, Page 660, Public Records of Collier scribed in Official Records Book 154, Page 529
County, Florida; (540 acres +) Public Records of Collier County,Florida;(633.94
And acres +)
All of Sections 23, 24, 25, 26 And 27, Township And
47 south, Range 28 east, Collier County, Flor-
All of Sections 23 and 24, Township 48 south,
ida less right-of-way for C.R. 846, (Immokalee Range 28 east,Collier County,Florida less road
Road); (3165 acres +) rights-of-way; (1256 acres +)
And
And
All of Section 28, Township 47 south,Range 28
east, Collier County, Florida, lying south of All of Sections 25, 26, 27, 34, 35 and 36,
C.R. 846 (Immokalee Road) and lying north Township 48 south, Range 28 east, Collier
and east of Oil Well Grade Road; (132 acres +) County, Florida; (3840 acres +)
And And
All of Sections 34 and 35, Township 47 south, The west 1/2 of Section 1, Township 49 south,
Range 28 east, Collier County, Florida; (1280 Range 28 east, Collier County, Florida; (493.66
acres +) acres +)
And And
The westerly 520 acres of Sections 1 and 12, All of Sections 2, 3, 10, 11 and 15, Township 49
Township 48 south, Range 28 east, Collier south, Range 28 east, Collier County, Florida;
County, Florida; (1040 acres +) (3878.23 acres +)
And And
All of Sections 2, 3, 10, and 11 of Township 48
south, Range 28 east, Collier County, Florida; All of Sections 22 and 27, Township 49 south,
(2560 acres +) Range 28 east, Collier County,Florida,less the
Ford Test Track PUD; (1163.42 acres +)
And
And
All of Section 13, Township 48 south, Range 28
east, Collier County, Florida less the southeast All of Section 34, Township 49 south, Range 28
1/4 of said Section 13 and less the south 50.00 east, Collier County,Florida,less the Ford Test
feet of the southwest 1/4 of said Section 13 for Track PUD and less Official Records Book
road right-of-way and less the easterly 60.00 2239, Page 144; (47.70 acres +)
acres of the northeasterly 1/4 of said Section 13;
(416.97 acres +) Containing a total acreage of 21,700.79 acres of
land more or less.
And (Laws of Fla. ch. 2004-423, § 1)
Supp.No. 24 SA262:138
SPECIAL DISTRICTS §262-688
Sec. 262-687. Provisions of other laws made convenient for the exercise of the powers
applicable. or duties or any of the powers or duties of
the district or the supervisors thereof;
The provisions of F.S.Chs. 189 and 298,and all
of the laws amendatory thereof now existing or and to include as a component of roads,
irriga-
hereafter enacted,are declared to be applicable to parkways, bridges, landscaping, light-
the Big Cypress Stewardship District. The Big tion,bicycle and jogging paths,street Cypress Stewardship District shall have all of the ing, traffic signals, road striping, and all
other customary elements of a modern
powers and authorities mentioned in or conferred road system.
by F.S.Chs. 189 and 298,as they may be amended
from time to time. (7) To finance, fund, plan, establish, acquire,
(Laws of Fla. ch. 2004-423, § 2) construct or reconstruct, enlarge or ex-
tend, equip, operate, and maintain sys-
Sec. 262-688. Powers of the district;compli- tems and facilities for providing transpor-
ance with county plans and tation throughout the district, including
regulations. private or contract carriers, buses, vehi-
cles, railroads, and other transportation
(a) The district shall have the following pow- facilities, to meet the transportation re-
ers: quirements of the district in activities
(1) To sue and be sued by its name in any conducted within the district.
court of law or in equity, to make con- (8) To finance, fund, plan, establish, acquire,
tracts, and to adopt and use a corporate construct or reconstruct, enlarge or ex-
seal and to alter the same at pleasure. tend, equip, operate, and maintain park-
(2) To acquire by purchase, gift, or condem- ing facilities within the district bound-
nation real and personal property, either aries.
or both, within or without the district, (9) To finance, fund, plan, establish, acquire,
and to convey and dispose of such real and construct or reconstruct, enlarge or ex-
personal property, either or both, as may tend, equip, operate, and maintain addi-
be necessary or convenient to carry out tional systems and facilities for parks and
the purposes, or any of the purposes, of facilities for indoor and outdoor recre-
this Act and F.S. Chs. 189 and 298. Pro- ational, cultural, and educational uses.
vided, however, initiation of condemna-
tion proceedings outside the boundaries of (10) To acquire, construct, finance, operate,
the district shall require the prior ap- and maintain water plants and systems
proval by a supermajority of four votes of to produce, purify, and distribute water
the Collier County Commission. for consumption.
(3) To construct, operate, and maintain ca- (11) To acquire, construct, finance, operate,
nals, ditches, drains,levees,lakes, ponds, and maintain sewer systems for the col-
and other works for water management lection, disposal, and reuse of waste and
and control purposes. to prevent water pollution in the district.
(4) To acquire, purchase, operate, and main- (12) To levy ad valorem taxes and non-ad va-
tain pumps,plants,and pumping systems lorem assessments, to prescribe, fix, es-
for water management and control pur- tablish, and collect rates, fees, rentals,
poses. fares, or other charges, and to revise the
(5) To construct, operate, and maintain irri same from time to time, for the facilities
gation works, machinery, and plants. and services furnished or to be furnished
by the district and to recover the cost of
(6) To construct, improve, pave, and main- making connection to any district facility
tam roadways and roads necessary and or system.
Supp.No. 24 SA262:139
§262-688 COLLIER COUNTY CODE -�
(13) To provide for the discontinuance of ser- at an amount not to exceed the maximum
vice and reasonable penalties, including interest allowable by law, in anticipation
attorney's fees, against any user or prop- of the collection of taxes and assessments
erty for any such rates, fees, rentals, or revenues of the district, and to pledge
fares, or other charges that become delin- or hypothecate such taxes, assessments,
quent and require collection. However, no and revenues to secure such bonds,notes,
charges or fees shall be established until or obligations, and to sell, discount, nego-
after a public hearing of the board at the tiate, and dispose of the same.
district at which all affected persons shall
be given an opportunity to be heard. (19) To provide public safety, including, but
(14) To enter into agreements with any per- not limited to, security, guard-houses,
son, firm, or corporation for the furnish-
ing by such person,firm, or corporation of tection systems, and patrol cars, when
any facilities and services of the type authorized by proper governmental agen-
provided for in this Act. cies; except that the district may not ex-
ercise any police power, but may contract
(15) To enter into impact fee credit agree- with the appropriate local general-pur-
ments with local general purpose govern- pose government agencies for an increased
ments. In the event the district enters level of such service within the district
into an impact fee credit agreement with boundaries.
a local general purpose government where
the district constructs or makes contribu- (20) To provide systems and facilities for fire
tions for public facilities for which impact prevention and control and emergency ..�
fee credits would be available, the agree- medical services, including the construc-
ment may provide that such impact fee tion or purchase of fire stations, water
credits shall inure to the landowners within mains and plugs, fire trucks, and other
the district in proportion to their relative vehicles and equipment consistent with
assessments, and the district shall, from any adopted Collier County ordinances,
time to time, execute such instruments rules, or regulations.
(such as assignments of impact fee cred-
its) as may be necessary or desirable to (21) To finance, fund, plan, establish, acquire,
accomplish or confirm the foregoing. construct or reconstruct, enlarge or ex-
(16) To construct and maintain facilities for tend, equip, and maintain additional sys-
and take measures to control mosquitoes tems and facilities for school buildings
and other arthropods of public health im- and related structures pursuant to this
portance. Act and F.S. Ch. 1013, which may be
leased, sold, or donated to the school dis-
(17) To finance, fund, plan, establish, acquire, trict for use in the educational system
construct or reconstruct, enlarge or ex when authorized by the district school
tend, equip, operate, and maintain addi- board.
tional systems and facilities for conserva-
tion areas, mitigation areas, and wildlife (22) To establish and create such depart-
habitat,including the maintenance of any ments,committees,boards,or other agen-
plant or animal species, and any related cies, including a public relations commit-
interest in real or personal property. tee, as from time to time the board of
(18) To borrow money and issue negotiable or supervisor may deem necessary or desir-
other bonds of the district as hereinafter able in the performance of this Act or
provided; to borrow money, from time to other things necessary to the exercise of
time, and issue negotiable or other notes the powers provided in this Act, and to --�
of the district therefore, bearing interest delegate to such departments, boards, or
Supp. No.24 SA262:140
SPECIAL DISTRICTS §262-690
other agencies such administrative duties sure statement in bold-faced and conspicuous
and other powers as the board of supervi- type which is larger than the type in the remain-
sor may deem necessary or desirable. ing text of the contract:
(23) To exercise all other powers necessary, THE BIG CYPRESS STEWARDSHIP DIS
convenient, or proper in connection with TRICT MAY IMPOSE AND LEVY TAXES OR
any of the powers or duties of the district ASSESSMENTS, OR BOTH TAXES AND AS-
stated in this Act. The powers and duties SESSMENTS, ON THIS PROPERTY. THESE
TAXES AND ASSESSMENTS PAY THE CON-
of the district shall be exercised by and STRUCTION, OPERATION, AND MAINTE-
through the board of supervisors thereof, NANCE COSTS OF CERTAIN PUBLIC FA-
which board shall have the authority to CILITIES AND SERVICES OF THE DISTRICT
employ engineers, attorneys, agents, em- AND ARE SET ANNUALLY BY THE GOVERN-
ployees, and representatives as the board ING BOARD OF THE DISTRICT. THESE
of supervisors may, from time to time, TAXES AND ASSESSMENTS ARE IN ADDI-
determine, and to fix their compensation TION TO COUNTY AND OTHER LOCAL GOV-
and duties. However, in addition thereto, ERNMENTAL TAXES AND ASSESSMENTS
the district shall have all of the powers AND ALL OTHER TAXES AND ASSESS-
provided for in F.S. Ch. 298, as amended MENTS PROVIDED FOR BY LAW.
from time to time.All powers and author-
ity of the district shall extend and apply (b) Provided further, prior to the subdivision
to the district as a whole and to each unit and sale or transfer of any assessable property
of development as,from time to time,may within the district,the owner of land to be sold or
be designated by the board of supervisor. transferred shall record the notice contained in
this section in the official records of Collier County
(b) Notwithstanding any authority contained as a covenant to run with the transferred prop-
`-- erty.
within this section, the development, operation,
or maintenance of any district facilities or ser (Laws of Fla. ch. 2004-423, § 4)
vices shall comply with the adopted comprehen-
sive plan for Collier County and any adopted land Sec. 262-690. Board of supervisors; organi-
development regulations or specialized plans zation, powers, duties, and
adopted which apply within the geographic bound terms of office.
aries of the district, including the Collier County (a) There is hereby created the Board of Su-
Growth Management Plan and all plans of the pervisors of Big Cypress Stewardship District,
Metropolitan Planning Organization as they may which shall be the governing body of the district.
apply to the projects and activities authorized The board of supervisor shall consist of five per-
pursuant to this section. sons who, except as herein otherwise provided,
(Laws of Fla. ch. 2004-423, § 3) shall hold office for terms of three years each and
until their successors shall be duly elected and
Sec. 262-689. Sale of real estate within the qualified.
district;required disclosure to (b) Except as provided in subsection (c), the
purchaser. election of the district's board of supervisors shall
be on a one-acre, one-vote basis, pursuant to F.S.
(a) Subsequent to the establishment of the §298.11, as it may be amended from time to time.
district under this Act, each contract for the Each year during the month of June, a supervisor
initial sale of a parcel of real property and each or supervisors shall be elected, as hereinafter
contract for the initial sale of a residential unit provided, by the landowners of the district to fill
within the district shall include, immediately the seat or seats of supervisors whose terms have
prior to the space reserved in the contract for the expired.All vacancies or expirations on the board
signature of the purchaser, the following disclo- shall be filled as required by this Act and F.S. Ch.
Supp.No.24 SA262:141
§262-690 COLLIER COUNTY CODE '""�
298. The Board of Supervisor of the Big Cypress by this Act to be held by the landowners at any
Stewardship District shall be residents of the particular or stated time or day, and if for any
state and citizens of the United States. In case of reason such election shall not or cannot be held at
a vacancy in the office of any supervisor, the such time or on such day, then in such event and
remaining supervisors may fill such vacancy until in all and every such event, the power or duty to
the next annual meeting of the landowners,when hold such election shall not cease or lapse, but
his or her successor shall be elected by the land- such election shall be held thereafter as soon as
owners for the unexpired term. As soon as prac- practicable and consistent with this Act.
ticable after their election,the board of supervisor
of the district shall organize by choosing one of (e) Prior to taking any district action, a quo
their number to serve as president of the board of rum must be present. Quorum for district meet-
supervisors and by electing some suitable person, ings shall be three supervisors.
who may or may not be a member of the board,to (Laws of Fla. ch. 2004 423, § 5)
serve as secretary. The board of supervisors shall
adopt a seal, which shall be the seal of the Sec. 262-691. Compensation of board; per
district. At each annual meeting of the landown- diem.
ers of the district, the board of supervisors shall The board of supervisor may be compensated
report all work undertaken or completed during pursuant to F.S. § 298.14, as it may be amended
the preceding year, and the status of the finances from time to time. The board of supervisor may,
of the district. by resolution, adopt a rate of reimbursement for
(c) At the initial landowners'meeting,the land- travel,mileage,and meals for board members and
owners shall, at such election, determine the district employees and representatives on official
length of the terms of office of each initial super- district business pursuant to applicable general —
visor so elected by them. Respectively, there shall laws.
be one, one-year term; two, two-year terms; and (Laws of Fla. ch. 2004 423, § 6)
two, three-year terms. Thereafter, all terms of Sec. 262-692. Annual landowners' meeting;
supervisors shall be for three years. Provided, election of supervisors.
however;one,three-year supervisor position shall
not be elected by the landowners. Upon the elec- A landowners' meeting shall be held each year
tion of four supervisors and organization of the during the month of June, beginning with June
board,the board shall appoint the fifth supervisor 2004. The purpose of this meeting is to hold an
for a three-year term. The appointed member election pursuant to section 262-690 of this Act
shall be a representative of an environmental and for the board of supervisors to make any
organization based in Collier County who shall district reports.
not be a district landowner. An appointed super- (Laws of Fla. ch. 2004-423, § 7)
visor shall be reappointed every three years there-
after, following the annual landowners' meeting Sec. 262-693. Taxes; non-ad valorem assess-
as prescribed herein until qualified electors of the ments.
district have approved the election conversion
provisions of F.S. § 189.4051. Subsequent to elec- (a) Ad valorem taxes. The board of supervisor,
tor approval, the appointed supervisor shall be subject to referendum approval pursuant to Art.
replaced at the end of his or her term by an VII,section 9 of the State Constitution,shall have
elected supervisor elected pursuant to F.S.§298.11, the power to levy and assess an ad valorem tax on
at an annual landowners' meeting. All supervi-
all the taxable real and tangible personal prop-
sors shall serve until their successors shall have erty in the district to pay the principal of and
been elected or appointed and qualified. interest on any general obligation bonds of the
district, to provide for any sinking or other funds
(d) All supervisors shall hold office until their established in connection with any such bonds,
successors shall be elected and qualified. When- and to pay the costs for construction or mainte- -�
ever any election shall be authorized or required nance of any of the projects or activities of the
Supp.No. 24 SA262:142
SPECIAL DISTRICTS §262-696
district authorized by the provisions of this Act or Sec. 262-694. When unpaid taxes and assess-
applicable general laws.The total amount of such ments delinquent; penalty.
ad valorem taxes levied in any year shall not be in All taxes and assessments provided for in this
excess of ten miles on the dollar, per annum on Act shall be and become delinquent and bear
the assessed value of the taxable property within penalties on the amount of the taxes in the same
the district. The ad valorem tax provided for manner as county taxes.
herein shall be in addition to county and munic- (Laws of Fla. ch. 2004-423, § 9)
ipal ad valorem taxes provided for by law.
Sec. 262-695. Enforcement of taxes and as-
(b) Non-ad valorem assessments. Non-ad valo- sessments.
rem assessments for the construction, operation, The collection and enforcement of all taxes and
or maintenance of district facilities, services, and assessments levied by the district shall be at the
operations shall be assessed,levied, and collected same time and in like manner as county taxes,
pursuant to F.S.Chs.298, 170,or 197,as amended and the provisions of the Florida Statutes relating
from time to time. to the sale of lands for unpaid and delinquent
county taxes, the issuance, sale, and delivery of
tax certificates for such unpaid and delinquent
(c) Taxes, assessments, and costs; a lien on county taxes, the redemption thereof, the issu-
land against which assessed, etc. All taxes and ance to individuals of tax deeds based thereon,
assessments provided for in this Act, together and all other procedures in connection therewith
with all penalties for default in payment of the shall be applicable to the district and the delin-
same, and all costs in collecting the same, shall, quent and unpaid taxes of the district to the same
from the date of assessment thereof until paid, extent as if the statutory provisions were ex-
constitute a lien of equal dignity with the liens for pressly set forth in this Act.All taxes and assess
ments shall be subject to the same discounts as
county taxes, and other taxes of equal dignity
with county taxes, upon all the lands against county taxes.
which such taxes shall be levied as is provided in (Laws of Fla. ch. 2004 423, § 10)
this chapter.
Sec. 262-696. Bonds.
(a) Issuance of revenue bonds,assessment bonds,
(d) Compensation of property appraiser, tax and bond anticipation notes.
collector, and clerk of the circuit court. The prop-
erty appraiser, tax collector, and clerk of the (1) In addition to the other powers provided
circuit court of the county shall be entitled to the district, and not in limitation thereof,
compensation for services performed in connec the district shall have the power, pursu-
tion with taxes and assessments of the district as ant to this Act, F.S. Ch. 298, and applica
provided by general law. ble general laws,as amended from time to
time, at any time, and from time to time,
after the issuance of any bonds of the
(e) Levies of non-ad valorem assessments on district shall have been authorized, to
land less than one acre. In levying and assessing borrow money for the purposes for which
all assessments, each tract or parcel of land less such bonds are to be issued in anticipa
than one acre in area shall be assessed as a full tion of the receipt of the proceeds of the
acre, and each tract or parcel of land more than sale of such bonds and to issue bond
one acre in area which contains a fraction of an anticipation notes in a principal sum not
acre shall be assessed at the nearest whole num in excess of the authorized maximum
ber of acres, a fraction of one-half or more to be amount of such bond issue.
assessed as a full acre. (2) Pursuant to F.S. Ch. 298, and applicable
(Laws of Fla. ch. 2004-423, § 8) general laws, as amended from time to
Supp.No.24 SA262:143
§262-696 COLLIER COUNTY CODE '�
time, the district shall have the power to tax exempt or taxable for federal income
issue assessment bonds and revenue bonds tax purposes;shall mature at such time or
from time to time,without limitation as to times from their date or dates; and may
amount,for the purpose of financing those be made redeemable before maturity at
systems and facilities provided for in sec- such price or prices and under such terms
tion 262-688. Such revenue bonds may be and conditions as may be determined by
secured by, or payable from, the gross or the board.
net pledge of the revenues to be derived (5) The district shall have the power to issue
from any project or combination of projects; bonds for the purpose of refunding any
from the rates,fees,or other charges to be outstanding bonds of the district.
collected from the users of any project or
projects; from any revenue-producing un- (b) General obligation bonds.
dertaking or activity of the district; from (1) Pursuant to this Act, the district shall
non-ad valorem assessments; or from any have the power from time to time,to issue
other source or pledged security. Such general obligation bonds to finance or
bonds shall not constitute an indebted refinance capital projects or to refund
ness of the district, and the approval of outstanding bonds in an aggregate prin-
the qualified electors shall not be re-
cipal amount of bonds outstanding at any
quired unless such bonds are additionally one time not in excess of 35 percent of the
secured by the full faith and credit and assessed value of the taxable property
taxing power of the district. within the district, as shown on the per-
(3) Any issue of bonds may be secured by a tinent tax records at the time of the au-
trust agreement by and between the dis- thorization of the general obligation bonds ---,„
trict and a corporate trustee or trustees, for which the full faith and credit of the
which may be any trust company or bank district is pledged. Except for refunding
having the powers of a trust company bonds, no general obligation bonds shall
within or without the state. The resolu- be issued unless the bonds are issued to
tion authorizing the issuance of the bonds finance or refinance a capital project and
or such trust agreement may pledge the the issuance has been approved at an
revenues to be received from any projects election held in accordance with the re-
of the district and may contain such pro- quirements for such election as prescribed
visions for protecting and enforcing the by the Florida Constitution. Such elec-
rights and remedies of the bondholders as tions shall be called to be held in the
the board may approve, including, with- district by the board of supervisors.
out limitation,covenants setting forth the (2) The district may pledge its full faith and
duties of the district in relation to the credit for the payment of the principal
acquisition, construction, reconstruction, and interest on such general obligation
stewardship, maintenance, repair, opera- bonds and for any reserve funds provided
tion, and insurance of any projects; the therefore and met unconditionally and
fixing and revising of the rates, fees, and irrevocably pledge itself to ad valorem
charges; and the custody, safeguarding, taxes on all taxable property within the
and application of all moneys and for the district, to the extent necessary for the
employment of consulting engineers in payment thereof, without limitations as
connection with such acquisition,construc- to greater amount.
tion,reconstruction,stewardship,mainte-
nance, repair, or operation. (3) If the board determines to issue general
obligation bonds for more than one capital
(4) Bonds of each issue shall be dated; shall project,the approval of the issuance of the
bear interest at such rate or rates,includ- bonds for each and all such projects may ----„,
ing variable rates, which interest may be be submitted to the elector on one and the
Supp.No. 24 SA262:144
SPECIAL DISTRICTS §262-697
same ballot. The failure of the electors to (c) The district is created by special act of the
approve the issuance of bonds for any one legislature, in accordance with F.S. Chs. 189 and
or more of the capital projects shall not 298.
defeat the approval of bonds for any cap-
ital project that has been approved by the (d) The district's charter may be amended only
electors. by special act of the legislature.
(4) In arriving at the amount of general obli- (e) In accordance with F.S. Ch. 189, this Act,
gation bonds permitted to be outstanding and F.S. §298.11,the district is governed by a five
at any one time pursuant to section(b)(1), member board, elected on a one-acre, one-vote
there shall not be included any general basis by the landowners in the district. The mem-
obligation bonds which are additionally bership and organization of the board shall be as
secured by the pledge of: set forth in this Act and F.S. Ch. 298, as they may
a. Special assessments levied in the be amended from time to time.
amount sufficient to pay the princi- (f) The compensation of board members shall
pal and interest on a general obliga- be governed by this Act and F.S.Chs. 189 and 298,
tion bond so additionally secured, as they may be amended from time to time.
which assessments have been equal-
ized and confirmed by resolution or (g) The administrative duties of the board of
ordinance of the board pursuant to supervisor shall be as set forth in this Act and F.S.
F.S. § 170.08. Chs. 189 and 298, as they may be amended from
time to time.
b. Water revenues, sewer revenues, or
water and sewer revenues of the (h) Requirements for financial disclosure,meet-
district to be derived from user fees ing notices, reporting, public records mainte-
., in an amount sufficient to pay the nance, and per diem expenses for officers and
principal and interest on the general employees shall be as set forth in this Act and F.S.
obligation bond so additionally se- Chs. 112, 189, 286, and 298, as they may be
cured. amended from time to time.
c. Any combination of assessments and (i) The procedures and requirements govern-
revenues described in subsections ing the issuance of bonds, notes, and other evi-
(b)(4)a. and b. dence of indebtedness by the district shall be as
(Laws of Fla. ch. 2004-423, § 11) set forth in this Act, F.S. Ch. 298, and applicable
general laws, as they may be amended from time
Sec. 262-697. Minimum requirements. to time.
(a) The district is organized and exists for all (j) The procedures for conducting district elec-
purposes set forth in this Act and F.S. Chs. 189 tions and for qualification of electors shall be
and 298, as they may be amended from time to pursuant to this Act and F.S. Chs. 189 and 298, as
time. they may be amended from time to time.
(b) The powers, functions, and duties of the (k) The district may be financed by any method
district regarding ad valorem taxation,bond issu- established in this Act, F.S. Ch. 298, and applica-
ance, other revenue-raising capabilities, budget ble general laws, as they may be amended from
preparation and approval,liens and foreclosure of time to time.
liens, use of tax deeds and tax certificates as
appropriate for non-ad valorem assessments, and (1) The methods for collecting non-ad valorem
contractual agreements shall be as set forth in assessments, fees, or service charges shall be as
F.S. Chs. 170, 189, and 298, or any other applica- set forth in F.S. Chs. 197 and 298, and other
ble general or special law,as they may be amended applicable general laws, as they may be amended
from time to time. from time to time.
Supp.No. 24 SA262:145
§262-697 COLLIER COUNTY CODE _�
(m) The district's planning requirements shall (b) In the election provided for in subsection
be as set forth in this Act. (c),below,each assessable acre or fraction thereof
present in person or by proxy shall be counted as
(1) The district's geographic boundary limita- one vote.
tions shall be as set forth in this Act.
(c) This section and subsection(b),above,shall
(2) The district and Collier County shall, take effect upon this Act becoming a law, and the
within 90 days after referendum approval remaining sections shall take effect upon ap-
of this Act as provided in subsection 262- proval by a majority vote of the owners of land
698(c), enter into an interlocal agreement within the district not exempt from ad valorem
with Collier County, providing for a fair taxes or non-ad valorem assessments present at a
share capital construction funding contri- landowners' meeting to be held within 20 days
bution for the long-range traffic capacity after this section becoming a law.
improvements of county arterial and col- (Laws of Fla. ch. 2004-423, §§ 13-15)
lector roads within and proximate to the
district. The agreement may be amended Secs. 262-699-262-720. Reserved.
by mutual consent of the parties.
(3) Any subsequent amendment to this Act ARTICLE XIX. AVE MARIA STEWARDSHIP
exempting or otherwise relieving the dis COMMUNITY DISTRICT
trict of any requirements of F.S.
§ 189.4155(1), shall require a resolution Sec. 262-721. Popular name.
or official statement from Collier County,
pursuant to F.S.§ 189.404(2)(e)4.,confirm- This Act may be known by the popular name
ing compliance with the adopted compre- the "Ave Maria Stewardship Community District --..,„,
hensive plan and no objection to the amend- Act."
ment. (Laws of Fla. ch. 2004-461, § 1)
(4) Any application for federal, state, or local Sec. 262-722. Legislative findings.
government grant moneys for which Col-
lier County is also eligible pursuant to (a) The eastern area of unincorporated Collier
applicable rules and regulations, shall County is unique and special with natural re-
require a resolution by the county corn- sources that need protection and with the need to
mission or a written statement of no ob- retain a viable agricultural system while protect-
jection from the county's chief executive ing private property rights and promoting a sound
officer prior to filing the application. economy.
(Laws of Fla. ch. 2004 423, § 12) (b) Collier County, with the approval of the
governor and members of the cabinet, sitting as
Sec. 262-698. Miscellaneous. the Florida Land and Water Adjudicatory Com-
a) In case any one or more of the sections or mission, established a designated rural lands
provisions of this Act or the application of such stewardship area zoning overlay district in order
to implement an innovative, specialized, and in-
sections or provisions to any situation, circum centive-based Collier County Rural Lands Stew-
stance,or person shall for any reason be held to be ardship Area Overlay as part of the Collier County
unconstitutional, such unconstitutionality shall Growth Management Plan.
not affect any other sections or provisions of this
Act, or the application of such sections or provi- (c) In implementing both protection of natural
sions to any other situation, circumstance, or resources and retention of viable agriculture, the
person, and it is intended that this law shall be rural lands stewardship area district overlay pro-
construed and applied as if such section or provi- motes compact rural mixed-used development as
sion had not been included herein for any uncon- an alternative to low-density single use develop- --�
stitutional application. ment and establishes a system of generating
Supp.No.24 SA262:146
SPECIAL DISTRICTS §262-722
stewardship credits in a designated stewardship related systems and services, based upon
sending area and transferring them to a desig- timely, flexible, and specialized manage-
nated stewardship receiving area within which ment of critical factors and sequential
new town communities may be created and devel- events,balancing between the interests of
oped with a full range of housing types and a full private enterprise,agriculture,private cit-
mix of uses with urban level services and infra- izens, taxpayers, consumers, the environ-
structure which support specialized development ment, the economy, the initial landown-
that is compact, mixed-use, human scale, and ers,and all applicable levels of government.
balances land uses to reduce automobile trips and
to increase liability. (2) As evidenced by the stewardship overlay
program, all the applicable public and
(d) This comprehensive system anticipates new private persons and entities have in-
land uses to include unincorporated new town vested and expended substantial time and
community development and the related highly moneys to generate both the stewardship
specialized provision of basic infrastructure sys overlay area portions of the growth man-
tems, facilities, and services. agement plan and the existing and future
(e) Barron Collier Company has made avail- consistent specific regulatory and compre-
able approximately 905 acres to the Ave Maria hensive planning entitlements and consis-
University Foundation for the institution and tent land development regulations for the
operation of a private university known as Ave identification, preparation, and develop-
Maria University with a full state of undergrad- ment of a new town community.
uate, graduate, and professional programs with
related cultural, recreational, and other activi- (3) Creating such a new town community
ties, benefits, and programs for providing teach- around the university and using a single
ing, research, and public service to southwest special purpose independent district con-
Florida, the State of Florida, and the nation. stitute innovative planning and flexible
(f) The initial landowners also own, immedi- development strategies pursuant to F.S.
ately and adjacent to and surrounding the Ave § 163.3177(11), as amended from time to
Maria University, lands upon which they are time, and Rule 9J-5.006(5)(1),Florida Ad
building a university-oriented new town commu- ministrative Code, as amended from time
nity consistent with the Collier County Growth to time, to minimize the conversion of
Management Plan and Land Development Code. rural and agricultural lands to other uses
to discourage urban sprawl and to protect
(g) Within and subject to this the growth man- environmentally sensitive areas, while
agement plan and land development code and its maintaining the economic viability of ag-
rural and stewardship area zoning overlay dis- ricultural and other predominately rural
trict within a designated stewardship receiving land uses and providing for the cost-
area, the new town community surrounding the efficient delivery of public facilities and
private university requires appropriate compact, services as provided expressly in the Ru-
balanced, and rural mixed-use development at a ral Lands Stewardship Area Land Devel-
human scale with the required innovative bal- opment Regulations, section 2.2.27.10.C.
ance of such importance to the stewardship over-
lay area. (i) There is in particular a special need to use
(h) In particular: a specialized and limited single-purpose indepen-
dent special district unit of local government for
(1) Creating a university new town commu- the Ave Maria Community:
nity in the Stewardship Overlay Area of
Eastern Collier County requires a critical (1) To prevent urban sprawl by providing,
coinciding of existing and future land use sustaining, and supporting freestanding
with provision of capital facilities and infrastructure and by preventing need-
Supp. No. 24 SA262:147
§262-722 COLLIER COUNTY CODE "'�
less and counterproductive community de- (3) Longer involvement of the initial land-
velopment when the existing urban area owner with regard to the provision of
is not yet developed. basic systems, facilities, and services in
the rural lands stewardship overlay, cou-
(2) To prevent the needless duplication, frag- pled with a severely limited and highly
mentation, and proliferation of local gov- specialized single purpose of the district,
ernment services in a proposed land use is in the public interest.
area.
(4) Any public or private system to provide
(j) Management of conservation, environmen- basic infrastructure improvements, sys-
tal, agricultural, and economic challenges and tems, facilities, and services to this new
opportunities in this area of eastern Collier County Ave Maria community in the Stewardship
transcends the boundaries and responsibilities of Overlay Area of eastern Collier County
both private landowners and individual units of must be focused on an unfettered, highly
government so that no one single public or private specialized, innovative, responsive, and
entity or person can plan or implement policies to accountable mechanism to provide the
deal with the many issues which attend the components of infrastructure at sustained
provision of basis systems, facilities, and services levels of high quality over the long-term
to the area to be managed in eastern Collier only when and as needed for such a unique
County in order to provide for both a new univer- community in such a unique area.
sity and a new town academic community in the
stewardship area. (5) There is a critical need to maintain such
provision of such systems, facilities, and
(k) It is the expressed set of findings of the services to the Ave Maria community be- --�
legislature further that: cause of the unique location and at-
tributes of the stewardship overlay area,
(1) There is a considerably long period of coupled with the unique purpose and lo-
time during which there is an inordinate cation of this new academic community,
burden on the initial landowners of both subject to, and not inconsistent with, the
the land area for the private Ave Maria state, regional, and local requirements
University and its surrounding new town which attend implementation of the state
university community because of the in- plan,the stewardship overlay for the stew-
novative, special, and unique require- ardship receiving area, and the Collier
ments in the growth management plan County Growth Management Plan.
for the stewardship receiving area that
deal specifically with flexible manage- (6) This need is met by coinciding the use and
ment and related sequencing,timing, and special attributes of various public and
financing of the various systems, facili- private alternatives for the provision of
ties, and services to be provided to the infrastructure to such a community devel-
new town community and that take into opment, including:
consideration absorption rates, commer- a. The public policy and related imple-
cial viability, and related factors. menting zoning,permitting,and plan-
(2) Even as the community matures, there is ning expertise, interests, and capa
a continuing need for landowners, both bilities of state and regional
initial and subsequent, to bear burdens government and of the Collier County
that remain relatively inordinate in order general purpose local government;
to preserve such benefits for eastern Col- b. The flexible, limited, focused, and
Tier County as the unique environmental locally accountable management and
and economic purpose of the new town related financing capabilities of in-
community in this stewardship receiving dependent special purpose local gov- - -„,„
area. ernment; and
Supp.No.24 SA262:148
SPECIAL DISTRICTS §262-723
c. The innovative development and mar- able to plan, construct, maintain, and
keting private sector expertise of the finance the provision of systems, facili-
initial landowners, developers, and ties, and services in and subject to the
other components of private enter- stewardship overlay:
prise. a. One of the public or governmental
(7) The specialized financing and revenue alternative is by the board of county
procedures for the levy and imposition of commissioners within the Collier
first-lien assessments, by a variety of County political subdivision which
names, must be disclosed, followed, no- can provide certain basic systems,
ticed,fair,nonarbitrary,informed,reason- facilities, and services directly, or
able, and accountable and that they must with management by its staff with
be set forth dispositively. financing through either a munici-
pal service taxing unit for ad valo-
(1) That the existence and use of such a limited rem taxes or municipal service ben-
specialized single purpose local government for efit for assessments,or indirectly,by
the Ave Maria community, subject both to the nonemergency ordinance use of a
rural lands stewardship overlay area district and dependent district.
to the Collier County Growth Management Plan,
will result in a high propensity: b. The second public alternative is use
of an independent special district.
(1) To prevent urban sprawl, protect and to
preserve environmental,conservation,and c. The private alternative is the pri-
agricultural uses and assets and to en vate landowner, a private homeown-
ers' association, a private utility, a
ble stewardship receiving area. private business corporation or part-
nership, or a combination of these
(2) To enhance the market value for both various private alternatives.
present and future landowners of the prop-
erty consistent with the need to protect (2) Planning, permitting, and creating the
private property rights in the steward- Ave Maria University new town commu-
ship overlay. nity and using the independent special-
ized single purpose Ave Maria Steward-
(3) To enhance the net economic benefit to ship Community District created by this
the Collier County area, including an en- Act are consistent with and implement
hanced and well maintained tax base to both the Collier County Growth Manage-
the benefit of all present and future tax- ment Plan and Land Development Code
payers in Collier County. and also the following long-standing and
(4) To share the costs for providing such basic expressed policies of the state:
systems, facilities and services in an in- a. To allow the creation of independent
novative, sequential, and flexible manner special taxing districts which have
within the Ave Maria new town commu- uniform general law standards and
nity to be serviced by the stewardship procedures and which do not over
community district. burden other local governments and
(Laws of Fla. ch. 2004-461, § 2) their taxpayers while preventing the
proliferation of independent special
Sec. 262-723. Ascertainments. taxing districts which do not meet
the standards set forth in F.S.
(a) Based upon these findings, the legislature § 187.201(20)(b)2.
has learned and ascertains: b. To encourage the development of lo-
(1) There are two public government alterna- cal water supplies, pursuant to F.S.
tives and one private alternative avail- § 187.201(7)(b)3.
Supp.No. 24 SA262:149
§262-723 COLLIER COUNTY CODE -
c. To recognize the existence of legiti- ture, and the arts, provide opportu-
mate and often competing public and nities for training skilled employees
private interests and land use regu- for new and expanding businesses,
lations and other government ac- and promote self-sufficiency through
tion,pursuant to F.S.§187.201(14)(a), training and educational programs
as provided for expressly in the stew- that result in productive employ-
ardship overlay program. ment pursuant to F.S.
d. Consistent with the stewardship over- §§ 187.201(21)(a) and
lay program, to recognize the impor—
tance of preserving natural resources i. To encourage and to enhance cooper-
and enhancing quality of life by de- ation among communities that have
velopment in those areas where land unique assets, irrespective of politi-
and water resources, fiscal abilities, cal boundaries, to bring the private
and service capacity can accommo- and public sectors together for estab-
date the land use and growth in a lishing an orderly, environmentally,
manner that is environmentally ac- and economically sound plan for cur-
ceptable, pursuant to F.S. rent and future needs and growth,
§ 187.201(15)(a). pursuant to F.S. § 187.201(b)8.
e. To allocate costs of new public facil- j. To create independent special dis-
ities on the basis of benefits received tricts by or pursuant to general law
by existing and future residents while to ensure long-term management and
planning for the management and related financing, to meet the need
financing of new facilities to serve in Florida for timely, efficient, effec-
residents in a timely, orderly, and tive,responsive,innovative,account-
efficient manner, pursuant to F.S. able, focused, and economical ways
§§187.201(17)(a)and 187.201(17)(b)3. to deliver basic services to new com-
f. To encourage local government finan-
cial to solve the state's plan-
f. self-sufficiency in providing ning, management, and financing
pub-
lic facilities and in identifying and needs for delivery of capital infra
implementing physically sound, in- structure in order in turn to provide
novative, and cost effective tech for projected growth only and to do
niques to provide and finance public so without overburdening other gov
facilities while encouraging develop- ernments and their taxpayers, pur
ment, use, and coordination of capi- suant to F.S. § 189.402, so that pro
tal improvement plans by all levels viding to the Ave Maria community
of government, pursuant to F.S. basic systems, facilities, and ser-
§§ 187.201(17)(b)5-7., and as pro- vices by independent special dis
vided in the stewardship overlay pro tricts remains pursuant to uniform
general law and F.S.§§ 189.402(3)(a)
gram.
and (c).
g. To increase access to,and to promote k. To ensure that those independent
and provide access for, cultural, his districts and the exercise of their
torical and educational resources and powers are consistent and comply
opportunities, pursuant to F.S. with applicable due process, disclo-
§§187.201(18)(a)and 187.201(18)(b)1. sure, accountability, ethics, and gov-
h. To enhance and diversify the econ- ernment-in-the-sunshine require-
omy of the Collier County area by ments of law,both to the independent
promoting partnerships among edu- districts and to their elected and ---,,
cation, business, industry, agricul- appointed officials, pursuant to F.S.
Supp.No. 24 SA262:150
SPECIAL DISTRICTS §262-723
§ 189.402(3)(b), because indepen- pursuant to general law, in order to pro-
dent special districts are a legiti- duce those flexible,innovative,and highly
mate alternative method available specialized benefits to the new town uni-
for use by both the public and pri- versity community property in the stew-
vate sectors to manage, own, oper- ardship receiving area and to the steward-
ate,construct,and finance basic cap- ship overlay in eastern Collier County.
ital infrastructure systems,facilities,
and services, pursuant to F.S. (6) Such a district must have management
§ 189.402(4)(a). capabilities to provide pinpointed, fo-
1. To ensure that an independent spe cused, accountable, responsive, limited,
cial district is created to serve a specialized,and low-overhead-based capa-
special purpose to cooperate and to bility, authority, and power to provide
coordinate its activities with the ap basic systems, facilities, and services to
plicable general purpose local gov- the new university community develop-
en-anent because aspects of growth ment with economies of scale but at sus-
and development transcend bound- tained high levels of quality over the
aries and responsibilities of individ- long-term.
ual units of government so that no
single unit of government can plan (7) In order to be responsive to the critical
or implement policies to deal with timing required through the exercise of
these issues unilaterally as effec- its special management functions, an in-
tively,pursuant to F.S. §§ 189.402(7) dependent district requires financing of
and 189.402(8). those functions, including bondable lien-
able and nonlienable revenue, with full
(3) Construction and operation of the Ave and continuing public disclosure and ac-
Maria University, the development of the countability, funded by landowners, both
new town university community, and the present and future, and funded also by
use of the special and single purpose users of the systems, facilities, and ser-
independent district are not inconsistent vices provided to the land area by the
with the Collier County Comprehensive district, without burdening the taxpayers
Plan and the requirements of the stew- and citizens of the state,of Collier County,
ardship overlay and implement both. or any municipality in Collier County.
(4) This land area for the private university (8) The provision of services by this indepen-
and its new town community requires an dent district must implement, be subject
independent, special, and single purpose to, and function not inconsistent with,
local government, in the form of an inde- any applicable provisions of the steward-
pendent special district as defined in F.S. ship overlay area and related permitting
§ 189.403(3), subject to all substantive and planning requirements of Collier
and procedural limitations under Florida County and of the Collier County Compre-
law, including this Act, in order to consti- hensive Plan and Land Development Code.
tute the highly specialized alternative and
viable growth management mechanism (9) The creation, existence, and operation of
appropriate for this unique stewardship the Ave Maria Stewardship Community
overlay available to both the private and District, as limited and specialized to its
public sectors. single narrow purpose, will also:
(5) Such a district requires timely, flexible, a. Constitute a public mechanism to
limited, and specialized management and translate the antiurban-sprawl re-
related financing capabilities under its quirements of the stewardship over-
uniform state charter, created by this Act lay into reality;
Supp.No. 24 SA262:151
§262-723 COLLIER COUNTY CODE
b. Constitute a disincentive for prema- (13) Management of the timing and phasing of
ture or inappropriate municipal in- critical sequential events, coordinated by
corporation consistent with state law. the initial private landowner, the private
university, and the Board of County Com-
c. Provide a mechanism for full and missioners of Collier County is of funda-
continuing disclosure of how basic mental importance and is the basis of the
systems, facilities, and services are inordinate burden on the initial land-
both managed and financed, includ- owner developer and on the private uni-
ing full and continuing disclosure to versity to enhance the stewardship over-
both prospective purchasers and all lay and to implement its requirements.
residents of public financing related
to any burdens of land ownership (14) The critical single purpose of the Ave
and any related burdens on existing Maria Stewardship Community District
or future residents. to provide basic infrastructure systems,
facilities, services, works, and improve-
d. Implement Rural Land Stewardship ments to the private Ave Maria university
Area Zoning Overlay District Regu- new town community is in the public
lation, section 2.2.27.10.L.4.because interest because it:
such an independent single purpose
a. Does not pass on taxes or profits to
special district is encouraged in the
stewardship receiving area where the purchasers of property or to landown
new town community and university ers and residents within their juris-
are located. dictions.
b. Decreases the tendency toward short- --�
(10) The Ave Maria Stewardship Community term planning, construction, and
District is also a mechanism to implement management considerations because
the Collier County Concurrency Manage- the elections for members of the gov-
ment System designed to coincide with, ernment board are staggered.
and to implement,both the Collier County
future land use element and the capital c. Is not influenced, guided, or limited
improvements element for basic systems, by quarterly and annual profit state
facilities, and services consistent with the ments.
best interests of the Ave Maria commu- d. Does not have police or regulatory
nity in the stewardship overlay. powers.
(11) By serving its single specialized purpose, e. Does not have larger general pur
the district will not result in needless pose overhead responsibilities.
proliferation,duplication, and fragmenta- f. Is not subject to legitimate but
tion of local government systems, facili- countervailing fiscal, economic, pol-
ties, and services in this area of eastern icy, and political considerations to
Collier County. which large general-purpose local gov-
ernments and large landowners and
(12) Subject to its substantive and procedural developers would be subject in the
limitations, the Ave Maria Stewardship natural course of events.
Community District will assist directly in
public and combined public and private g. Does not constitute needless dupli
planning and coordination in order to cation, proliferation, or fragmenta
achieve innovative solutions to the needs tion of local government systems,
and requirements in this unique aca facilities, and services in Collier
demic new town community located in County.
this Stewardship Overlay Area of eastern h. Shall operate and function subject to ---�
Collier County. and not inconsistent with the county
Supp.No. 24 SA262:152
SPECIAL DISTRICTS §262-724
comprehensive plan and not incon- (15) The independent district charter created
sistent with, but rather shall en- in this Act involves innovative general
hance the purpose and requirements and special powers not otherwise avail-
of,the rural lands stewardship over- able for this unique and highly special-
lay with the least overhead cost and ized first ever academic Ave Maria new
the highest amount of public disclo- town community in such a unique multi-
sure, accountability,responsiveness, faceted rural lands stewardship overlay.
and productivity.
i. Coincides its functions with the au- (16) The minimum requirements of general
thority and best interests of general law or creation of this district by special
purpose local government, the pri act have been met as confirmed and set
vate university,the private landown- forth expressly in subsection 262-729(a).
ers, both present and future, the (Laws of Fla. ch. 2004-461, § 2)
taxpayers, the future residents, and
the state in the provision of needed Sec. 262-724. Determinations.
infrastructure to the community at
sustained levels of quality over the Based upon its findings and ascertainments,
long-term. the legislature states expressly and determines:
j. Provides highly accountable innova- (1) This Act represents the findings,ascertain-
tive systems, facilities, and services ments, and determinations of the legisla-
close to the land and close to the ture that creating the Ave Maria Steward-
people to constitute expressly the ship Community District, by special act,
stewardship of the lands of the new pursuant to general law,is the best�� alter-
community within and subject to the native as required by F.S.§189.404(2)(e)3.,
stewardship overlay area in eastern because it meets affirmatively the find-
Collier County and within its juris ings and ascertainments of this legisla-
diction.
ture set forth in this section.
k. Serves a land area that is amenable
to separate special district govern- (2) The creation by this Act of the Ave Maria
ment. Stewardship Community District in the
Stewardship Overlay Area of Collier
1. Serves a land area that is suffi- County is consistent affirmatively with
ciently compact and of size sufficient the Collier County Local Government Corn-
for the functionally interrelated Ave prehensive Plan.
Maria new town community devel-
opment. (3) The authority for this Act is pursuant to
m. Serves a land area in which there is F.S. § 189.404, and the state comprehen-
no existing local or regional system, sive plan pursuant to F.S. § 187.201.
facility, or service with which cre (4) The Board of County Commissioners of
ation and operation of this district
and the provision of its systems, Collier County, on October 28, 2003,
facilities, improvements, and infra- adopted Resolution 2003-381, expressing
structure would be incompatible. no objection to the creation and establish-
ment of the Ave Maria University Stew-
n. Will enhance the intrinsic value of ardship Community District and finding
the property and the new commu- it consistent with the Collier County Lo-
nity development, for the purpose of cal Government Comprehensive Plan as
the stewardship overlay, and be a provided in F.S. § 189.404(a)(e)4.
sustaining source of public revenue. (Laws of Fla. ch. 2004-461, § 2)
Supp.No. 24 SA262:153
§262-725 COLLIER COUNTY CODE --�,
Sec. 262-725. Intent. (5) That the Ave Maria Stewardship Commu-
nity District created by this Act consti-
Based upon its findings, ascertainments, and tutes an innovative mechanism for long-
determinations, the Legislature expresses its in- term,sustained,quality public stewardship
tent: through the planning, implementation,
(1) To ensure that the creation and operation construction, management, and related
of the Ave Maria Stewardship Community financing, of basic systems, facilities, ser-
District by and pursuant to this Act, ex- vices and infrastructure projects for the
ercising its management and related fi- mixed-use new town academic commu-
nancing powers to implement its limited, nity.
single,and special purpose,is not a devel- (6) That, it is in the public interest that this
opment order and does not trigger or limited,independent,specialized,and sin-
invoke any provision within the meaning gle-purpose district have perpetual exist-
of F.S. Ch. 380, and all applicable govern- ence subject only to legislative review as
mental planning,environmental,and land provided in its charter as created by this
development laws,regulations,rules, pol- Act so that it is not in a position to outlive
icies, and ordinances apply to all develop- its usefulness.
ment of the land within the jurisdiction of (7) That the exercise by this Ave Maria Stew-
the district as created by this Act. ardship Community District of its powers
(2) That the district operate and function to carry out its single purpose under its
subject to, and not inconsistent with, the charter as created by this Act is consistent
Collier County Growth Management Plan with applicable due process, disclosure,
and Land Development Code and any accountability, ethics, conflicts of laws, --�
applicable development orders,zoning reg- government in the sunshine, competitive
ulations, or other land development regu- procurement, including the employees of
lations. consultants, competitive negotiation, and
(3) That under this Act this special and sin- competitive bidding, both as to the gov
gle purpose Ave Maria Stewardship Com ernment entity itself and as to its ap-
munity District shall not have the power pointed or elected officials as required in
of a general purpose local government to this Act.
adopt a comprehensive plan or related (Laws of Fla. ch. 2004 461, § 2)
land development regulation as those terms Sec. 262-726. Purpose.
are defined in the Florida Local Govern The limited, single, and specialized purpose of
ment Comprehensive Planning and Land
Development Regulation Act. the Ave Maria Stewardship Community District
is to provide community development systems,
(4) That the charter for this district in the facilities, services, projects, improvements, and
Act, is exclusive and may be amended infrastructure to the Ave Maria community by
only by the legislature by subsequent spe- exercising its various management powers, with
cial act.Any certain proposed amendment related financing powers, both general and spe-
of this Act which deals specifically, ex- cial, as set forth by and limited by its charter as
pressly, and only with subsections (1), (2), created by this Act.
and (3), above, shall not be considered by (Laws of Fla. ch. 2004-461, § 2)
the legislature unless it is accompanied
Sec. 262-727. Definitions;as used in this Act.
by a resolution of support by the Collier
County Board of County Commissioners (a) Ad valorem bonds means bonds which are
provided that any other amendment on payable from the proceeds of ad valorem taxes
any other subject or provision dealing levied on real and tangible personal property and
with any subject or provision in this Act which are generally referred to as general obliga- --�
does not require such resolution. tion bonds.
Supp.No. 24 SA262:154
SPECIAL DISTRICTS §262-727
(b) Assessable improvements means, without bond, refunding bond, revenue bond, and other
limitation, any and all public improvements and such obligation in the nature of a bond as is
community facilities that the district is empow- provided for in this Act.
ered to provide in accordance with this Act, that (i) Developed urban area means any reason
provide a special benefit to property within the ably compact urban area.
district.
(c) Assessment bonds means special obliga- (j) Cost or costs, when used with reference to
p g any project, includes, but is not limited to:
tions of the district which are payable solely from
proceeds of the special assessments or benefit (1) The expenses of determining the feasibil
special assessments levied for assessable improve- ity or practicability of acquisition, con-
ments, provided that, in lieu of issuing assess- struction, or reconstruction.
ment bonds to fund the costs of assessable im- (2) The cost of surveys,estimates, plans, and
provements,the district may issue revenue bonds specifications.
for such purposes payable from special assess-
ments. (3) The cost of improvements.
(4) Engineering, fiscal, and legal expenses
(d) Assessments means those nonmillage dis- and charges.
trict assessments which include special assess-
ments, benefit special assessments, and mainte-
nance The cost of all labor, materials, machin
nance special assessments and a nonmillage, ery, and equipment.
non-ad valorem maintenance tax if authorized by (6) The cost of all lands, properties, rights,
general law. easements, and franchises acquired.
(e) Ave Maria Stewardship Community Dis- (7) Financing charges.
trict means the unit of special and single purpose (8) The creation of initial reserve and debt
local government created and character by this service funds.
Act, including the creation of its charter, and
limited to the performance, in implementing its (9) Working capital.
single purpose, of those general and special pow- (10) Interest charges incurred or estimated to
ers authorized by its charter under this Act, the be incurred on money borrowed prior to
boundaries of which are set forth by the Act, the and during construction and acquisition
governing head of which is created and autho- and for such reasonable period of time
rized to operate with legal existence by this Act, after completion of construction or acqui-
and the purpose of which is as set forth in this sition as the board may determine.
Act.
(11) The cost of issuance of bonds pursuant to
(f) Benefit special assessments are district as- this Act, including advertisements and
sessments imposed, levied, and collected pursu- printing.
ant to the provisions of subsection 262-742(b). (12) The cost of any bond or tax referendum
(g) Board of supervisors or board means the held pursuant to this Act and all other
governing board of the district or, if such board expenses of issuance of bonds.
has been abolished, the board, body, or commis- (13) The discount, if any, on the sale or ex-
sion assuming the principal functions thereof or change of bonds.
to whom the powers given to the board by this Act (14) Administrative expenses.
have been given by law.
(15) Such other expenses as may be necessary
(h) Bond includes "certificate," and the provi- or incidental to the acquisition, construc-
sions that are applicable to bonds are equally tion,or reconstruction of any project,or to
applicable to certificates. The term "bond" in- the financing thereof, or to the develop-
cludes any general obligation bond, assessment ment of any lands within the district.
Supp.No. 24 SA262:155
§262-727 COLLIER COUNTY CODE
(16) Payments,contributions,dedications,and condominium unit. Landowner does not include a
any other exactions required as a condi- reversioner, remainderman, mortgagee, or any
tion of receiving any government ap- governmental entity who shall not be counted and
proval or permit necessary to accomplish need not be notified of proceedings under this Act.
any district purpose. Landowner also means the owner of a ground
lease from a governmental entity,which leasehold
(k) District means the Ave Maria Stewardship interest has a remaining term, excluding all re-
Community District. newal options, in excess of 50 years.
(1) District manager means the manager of the (r) General-purpose local government means a
district. county, municipality, or consolidated city-county
(m) District roads means highways, streets, government.
roads,alleys,sidewalks,landscpaing,storm drains, (s) Maintenance special assessments are assess-
bridges, and thoroughfares of all kinds. ments imposed, levied, and collected pursuant to
(n) General obligation bonds means bonds which the provisions of subsection 262-742(d).
are secured by, or provide for their payment by, (t) Non-ad valorem assessment means an as-
the pledge of the full faith and credit and taxing sessment levied and imposed by the Board of
power of the district, in addition to those special Supervisors of the Ave Maria Stewardship Corn-
taxes levied for their discharge and such other munity District that are not based upon millage
sources as may be provided for their payment or and that constitutes,pursuant to the provisions of
pledged as security under the resolution authoriz- this Act,first lien imposed on the property subject
ing their issuance, and for payment of which thereto, coequal with any lien imposed by the
recourse may be had against the general fund of state, county, municipality, or school board:
the district. (1) If, pursuant to general law, nonmillage
(o) Governing board member means any mem- and non-ad valorem taxes, limited ex-
ber of the board of supervisors. pressly and only to certain maintenance
taxes provided for expressly in the Dis-
(p) Land development regulations means those trict charter as created by this Act that
regulations of general purpose local government, are not ad valorem taxes and are not
adopted under the Florida Local Government special assessments.
Comprehensive Planning and Land Development
Regulations Act, Florida's Growth Management (2) If an assessment that is not a tax and is a
Act, and F.S. Ch. 163, as amended from time to special assessment levied and imposed by
time, to which the district is subject and as to the board of supervisors of the district
which the district may not doing anything that is pursuant to an informed and nonarbitrary
inconsistent. Land development regulations shall determination by the board of supervisors
not mean specific management engineering,plan that the system, facility, or service will
ning, and other criteria and standards needed in provide, as a logical connection to the
the daily management, implementation, and pro- applicable parcels of property, a special
vision by the district of basic systems, facilities, benefit peculiar to the property, different
services, works, improvements, projects, or infra- in kind and degree than a general benefit
structure, including design criteria and Stan and, further, that the duty to pay per
dards, so long as they remain subject to and are parcel will be apportioned in a manner
not inconsistent with the Collier County Growth that is fair and reasonable, and that may
Management Plan and applicable land develop- be known as an assessment, special as-
ment regulations. sessment,maintenance assessment,or ben-
efit assessment. The levy of a mainte-
(q) Landowner means the owner of a freehold nance assessment to maintain a system
estate as it appears on the deed record, including or facility constructed and financed a by -�
a trustee,a private corporation,and an owner of a special assessment levied by the district
Supp.No. 24 SA262:156
SPECIAL DISTRICTS §262-727
may be based on the assessment method- (y) Revenue bonds means obligations of the
ology by which a construction special as- district that are payable from revenues, includ-
sessment is levied but upon a determina- ing, but not limited to, special assessments and
tion that a maintenance special assessment benefit special assessments derived from sources
also provides a special and peculiar ben- other than ad valorem taxes on real or tangible
efit to the property and is apportioned in a personal property and that do not pledge the
manner that is fair and reasonable. property, credit, or general tax revenue of the
(3) If an assessment is levied, imposed, or district.
equalized by the board of supervisors by (z) Sewer system means any plant, system,
rule of the district. facility, or property, and additions, extensions,
(u) Powers means powers used and exercised and improvements thereto at any future time
by the board of supervisors to accomplish the constructed or acquired as part thereof, useful or
single,limited, and special purpose of the district necessary or having the present capacity for fu-
including: ture use in connection with the collection, treat-
ment, purification, or disposal of sewage, includ-
(1) General powers means those organiza- ing,but not limited to,industrial wastes resulting
tional and administrative powers of the from any process of industry, manufacture,trade,
district as provided in its charter in order or business or from the development of any nat-
to carry out its single special purpose as a ural resource. Sewer system also includes treat-
local government public corporate body ment plants,pumping stations,lift stations,valves,
politic. force mains, intercepting sewers, laterals, pres-
(2) Special powers means those powers enu- sure lines, mains, and all necessary appurte-
merated by the district charter to imple- nances and equipment; all sewer mains, laterals,
ment its specialized systems, facilities, and other devices for the reception and collection
services, projects, improvements, and in- of sewage from premises connected therewith;
frastructure and related functions in or- and all real and personal property and any inter-
der to carry out its single specialized est therein, rights, easements, and franchises of
purpose. any nature relating to any such system and
necessary or convenient for operation thereof.
(3) Any other powers, authority, or function
set forth in this Act. (aa) Special assessments shall mean assess-
(v) Project means any development, improve- ments as imposed, levied, and collected by the
ment property ower utilit facilit enter rise district for the costs of assessable improvements
' p p y' p y' y' p pursuant to the provisions of this Act,F.S.ch. 170,
service, system, works, or infrastructure now ex-
isting or hereafter undertaken or established un- as amended from time to time, and the additional
der the provisions of this Act. authority under F.S. § 197.3631,as amended from
time to time, or other provisions of general laws,
(w) Qualified elector means any person at least now or hereinafter enacted, which provide or
18 years of age who is a citizen of the United authorize a supplemental means to impose, levy,
States, a legal resident of Florida and of the and collect special assessments.
district and who registers to vote with the super-
visor of elections in Collier County. (bb) Taxes or tax means those those levies and
impositions of the board of supervisors that sup-
(x) Refunding bonds means bonds issued to port and pay for government and the administra-
refinance outstanding bonds of any type and the tion of law and that may be:
interest and redemption premium thereon. Re-
funding bonds shall be issuable and payable in (1) Ad valorem or property taxes based upon
the same manner as refinanced bonds, except both the appraised value of property and
that no approval by the electorate shall be re- millage, at a rate uniform within the
quired unless required by the State Constitution. jurisdiction;
Supp.No. 24 SA262:157
§262-727 COLLIER COUNTY CODE
(2) If and when authorized by general law, lay of eastern Collier County consistent
non-ad valorem maintenance taxes not with and designed to enhance the stew-
based on millage that are used to main- ardship overlay program and to serve a
tain district systems, facilities, and ser- lawful public purpose.
vices.
(2) The district which is a local government
(cc) Urban area means a developed and inhab- and a corporate body politic is limited to
ited urban area within the district within a min- its single, narrow, and special purpose as
imum acreage resident population density of least expressed in this Act, with the power to
1.5 persons per acre as defined by the latest provide,plan,implement,construct,main-
official census, special census, or population esti- tain, and finance as a local government
mate, a minimum density of one single-family management entity its basic systems, fa-
home per 2.5 acres with access to improved roads, cilities,services,improvements,infrastruc-
or a minimum density of one single-family home ture, and projects and possessing financ-
per five acres within a recorded plat subdivision. ing powers to fund its management power
Urban areas shall be designated by the board of over the long term and with sustained
supervisors with the assistance of all general levels of high quality commensurate with
purpose local governments having jurisdiction the stewardship overlay.
over the area within the jurisdiction of the dis-
trict. (3) This Act may be amended only by special
act of the legislature in whole or in part.
(dd) Water system means any plant, system, (Laws of Fla. ch. 2004-461, § 2)
facility, or property, and any addition, extension,
or improvement thereto at any future time con- Sec. 262-729. Minimum general law require- --�
structed or acquired as a part thereof, useful, ments.
necessary, or having the present capacity for
future use in connection with the development of Creation and establishment; boundaries;juris-
sources,treatment,purification,or distribution of diction; construction; charter with legal descrip-
water. Water system also includes dams, reser- tion:
voirs, storage tanks, mains, lines, valves, pump (1) Pursuant to F.S. § 189.404(3), the legisla-
ing stations,laterals, and pipes for the purpose of
carrying water to the premises connected with ture sets forth that the minimum require
such system, and all rights, easements, and fran-
chises of any nature relating to any such system herein, have been met in the identified
and necessary or convenient for the operation provisions of this Act as follows:
thereof. a. The purpose of the district is stated
(Laws of Fla. ch. 2004-461, § 2) in the Act in section 262-726.
b. The powers, functions, and duties of
Sec. 262-728. Policy. the district are generally in subsec-
Based upon its findings,ascertainments,deter- tions 262-732(g)and(h)and sections
minations, intent, purpose, and definitions, the 262-734-262-745,262-747,262-748,
legislature states its policy expressly: 262-750,262-754,and subsection 262-
760(b) as to which:
(1) The district and the district charter, with
its general and special powers, as created 1. Taxation provisions are set forth
in this Act, are essential and the best in subsections 262-727(bb),262
alternative for the unique location and 732(h), subsections 262-742(a),
nature of the new community for aca (c), (f), (g) and (i), and sections
demic, residential, commercial, and other 262 745-262 747.
community uses, projects, or functions in 2. Bond issuance provisions are --��
the Rural Lands Stewardship Area Over- set forth generally in section
Supp.No. 24 SA262:158
SPECIAL DISTRICTS §262-729
262-722,subsection 262-736(d), e. The provisions regarding aspects of
sections 262-738-262-741,and the governing board are as follows:
subsection 262-744(b) and (c). 1. Provisions for the membership
3. Provisions regarding the other of the governing board are in
revenue raising capabilities are subsection 262-730(b) and 262-
set forth in section 262-727, 732(c).
paragraphs (b), (d), (s), (t), and
(aa);sections 262-738,262-739, 2. Provisions regarding the orga-
subsections 262-742(b), (d), (e), nization of the governing board
(h)—(j), and sections 262-743 are in subsections 262-730(b)—
and 262-744. (d) and 262-732(c).
4. Provisions regarding fees,rent- 3. Provisions regarding the re-
als, and charges are in section quirement of five board mem-
262-727 and subsection 262- bers are in subsections 262-
736(i) and sections 262-750— 730(b) and 262-732(c)(1).
262-753. 4. The provisions regarding the
5. Provisions regarding budget quorum of the governing board
preparation and approval are are in subsections 262-730(b)
in sections 262-733,262-734 and and 262-732(c)(1)e.
262-737. f. The provisions regarding maximum
6. Provisions regarding liens and compensation of each board member
foreclosures of liens are in sub- are in subsection 262-732(c)(1)h.
sections 262-742(f)—(i)and sec-
tions 262-743, 262-745-262- g. The provisions regarding the admin-
747 istrative duties of the governing board
are found in sections 262-733-262-
7. Provisions regarding the use of 736.
tax deeds and tax certificates
as appropriate for non-ad valo- h. The provisions applicable to finan-
rem assessments are set forth cial disclosure, noticing, and report-
in subsection 262-736(o), 262- ing requirements for:
742(b)—(f), (h), and (i) and sec- 1. Financial disclosure are in sec-
tion 262-743. tions 262-734 and 262-735.
8. Provisions regarding contrac- 2. The provisions regarding vot-
tual agreements are in subsec- ing are found in sections 262-
tions 262-736(c),(1),(p),and(r), 730 and 262-732.
and subsections 262-737(11),
(15), (16), (19), (20), (22), and 3. Reporting requirements are in
(23). sections 262-733-262-735 and
262-759.
c. The provisions for methods for estab-
lishing the district are in subsection i. The provisions regarding procedures
262-723(2) and section 262-729 and and requirements for issuing bonds
effective as provided in subsection are:
262-760(b). 1. For issuing bonds are in subsec-
d. The methods for amending the char- tions 262-740(a), (b), (i), (k),
ter of the district are set forth in and (1), and related provisions
subsections 262-728(3), 262-729(4) regarding trust agreements are
and section 262-756. in section 262-741.
Supp.No. 24 SA262:159
§262-729 COLLIER COUNTY CODE "�
2. For issuing bonds are in subsec- o. The provisions for geographic bound-
tions 262-740(c)—(q) and sec- ary limitations of the district are set
tion 262-741. forth in subsections 262-729(2)—(4)
j. The provisions regarding elections and 262-730(b).
or referenda are: (2) Creation and establishment.The Ave Maria
1. For procedures for elections are Stewardship Community District, which
in sections 262-730 and 262- may also be referred to and be known as
732 and provisions regarding the"stewardship community district,""Ave
referenda are in subsection 262- Maria District," or "district" is created
743(a). and incorporated as a public body, corpo-
2. For qualifications of an elector rate and politic, an independent, limited,
of the district, a qualified elec- special, and single purpose local govern-
tor, are in subsections 262- ment, an independent special district,un-
727(w) and 262-730(b) and (c). der F.S. § 189.404, as amended from time
to time, and as defined in this Act and in
3. For referenda are in subsection F.S. § 189.403(3), as amended from time
262-732(b). to time,in and for eastern Collier County.
k. The provisions regarding methods Any amendments to F.S. Ch. 190, after
for financing the district are gener- January 1, 2004,granting additional gen-
ally in sections 262-738,262-739 and eral powers, special powers, authorities,
262-742-262-747. or projects to a community development
1. Other than taxes levied for the pay- district by amendment to its uniform char-
ment of bonds and taxes levied for ter,F.S.§§ 190.006-190.041,shall consti- -�
periods not longer than two years tute a general power, special power, au-
when authorized by vote of the elec- thority, or function of the Ave Maria
tors of the district, the provisions Stewardship Community District. Be-
for: cause all notices for the enactment by the
1. The authority to levy ad valo- legislature of this Act, a special act, have
rem tax is in subsections 262- been provided pursuant to the State Con-
742(a), 262-732(h) and 262- stitution, the Laws of Florida, and the
Rules of the Florida House of Representa-
727(bb)(1). tives and of the Florida Senate, and be-
2. The authorized millage rate is cause Collier County is not a charter
in subsection 262-742(a). county, no referendum subsequent to the
m. The provisions for the method or effective date of this Act is required. The
methods of collecting non-ad valo- district, as created by this Act, is estab-
rem assessments, fees, or service lished on the property pursuant to the
charges are: effectice date of this Act and section 262-
1. For collecting non-ad valorem 732.
assessments in subsections 262- (3) The territorial boundary of the district
742(b)—(e), (h), and(i)and sec- shall embrace and include,without reser-
tion 262-743. vation or enclave, all of that certain real
2. For collecting fees and service property described legally in the following
charges in section 262-750. subsection 262-730(b).
n. The provisions for planning require- (4) The jurisdiction of this district, in the
ments are as limited by the provi- exercise of its general and special powers,
sions of section 262-724, as limited and in the carrying out of its single,
further by sections 262-736 and 262- narrow,and special purpose,is both within -�
737. the external boundaries of the legal de-
Supp.No.24 SA262:160
SPECIAL DISTRICTS §262-730
scription of this district and extraterrito- Part of Sections 4,9, 16, 17,and 18 and all
rially when limited to, and as authorized of Sections 5, 6, 7, and 8, Township 48
expressly elsewhere in, the charter of the south, Range 29 east;
district as created in this Act or applicable And
general law.This single purpose district is
created as a public body corporate and Part of Sections 1, 12 and 13,Township 48
politic and local government authority south, Range 28 east;
and power is limited by its charter, this And
Act, and subject to the provisions of other All of Section 36, Township 47 south,
general laws, including F.S. Ch. 189, ex- Range 28 east, Collier County, Florida;
cept that an inconsistent provision in this
Act shall control and the district has Commencing at the northwest corner of
jurisdiction to perform such acts and ex- Section 27, Township 47 south, Range 29
ercise such projects, functions, and pow- east, Collier County, Florida;
ers as shall be necessary, convenient, in- Thence along the north line of said Sec-
cidental, proper, or reasonable for the tion 27 north 89°42'22" east 40.00 feet to
implementation of its limited, single, and the intersection with the west right-of-
specialized purpose regarding the sound way line of Camp Keias Road (80' right-
planning, provision, acquisition, develop- of-way) and the point of beginning of the
ment, operation, maintenance, and re- parcel herein described:
lated financing of those public systems, Thence along said right-of-way line in the
facilities,services,improvements,projects, following 24 described courses:
and infrastructure works as authorized
herein including those necessary and in- (1) South 00° 15'32" east 4936.39 feet;
cidental thereto. (2) 395.35 feet along the arc of a
�' nontangential circular curve con-
(5) Exclusive charter. The exclusive charter of cave west having a radius of 3,707.51
the "Ave Maria Stewardship Community feet through a central angle of 06°
District" is this Act and may be amended 05'35" and being subtended by a
only by special act of the legislature. chord which bears south 02° 47'23"
(Laws of Fla. ch. 2004-461, § 3) west 395.17 feet;
Sec. 262-730. Legal description. (3) South 05° 50'40" west 101.17 feet;
(4) Thence south 89° 37'49" west 7.63
(a) Exclusive Charter. This Act constitutes the feet;
exclusive charter of the Ave Maria Stewardship (5) South 00° 14'32" east 73.58 feet;
Community District.
(6) South 05° 51'27" west 224.83 feet;
(b) Legal Description. The metes and bounds (7) 403.87 feet along the arc of a
legal description of the district, within which nontangential circular curve con-
there are no enclaves or parcels of property owned cave east having a radius of 3,798.14
by those who do not wish their property to be feet through a central angle of 06°
included within the district, is as follows: 05'33" and being subtended by a
Metes and bounds description: chord which bears south 02° 45'21"
west 403.68 feet;
Description of part of Sections 21, 22, 27, (8) South 00° 14'33" east 1,907.96 feet;
28, 29, 30, and 33 AND all of Sections 31
and 32, Township 47 south, Range 29 (9) South 00° 22'10" east 2,609.43 feet;
east; (10) South 00° 30'10" east 2,673.59 feet;
And (11) South 00° 35'31" east 2,684.14 feet;
Supp.No. 24 SA262:161
§262-730 COLLIER COUNTY CODE
(12) South 00° 38'11" east 2,610.47 feet; (8) South 89°44'33"west 0.82 feet to the
(13) South 00° 30'34" east 200.03 feet; west line of those lands described in
O.R. Book 2493, page 2779-2796;
(14) 202.91 feet along the arc of a circular
curve concave east having a radius Thence along said line north 01° 11'28"
of 2,702.95 feet through central an- west 2,637.90 feet to the north line of
gle of 04° 18'04"and being subtended those lands described in O.R. Book 2493,
by a chord which bears south 02° page 2779-2796;
39'36" east 202.86 feet; Thence along said line north 89° 32'26"
(15) South 04° 48'38" east 400.00 feet; east 1,332.28 feet to a northwest corner of
(16) South 05° 08'04" east 95.99 feet; those lands described in O.R. Book 2009
page 1554-1558;
(17) South 00° 29'16" east 101.03 feet;
Thence along the north line of said lands
(18) Continue along said line south 00° north 89° 32'26" east 360.40 feet to the
29'16" east 1,609.23 feet; intersection with the west line of those
(19) South 00° 59'03" east 2,660.06 feet; lands described in O.R. Book 2943 page
2779-2796;
(20) South 00° 56'00" east 2,246.44 feet;
(21) 104.19 feet along the arc of a Thence along the west line of said lands
nontangential circular curve con- north 01° 11'02" west 2,688.15 feet to the
cave west having a radius of 461.33 intersection with south line of Section 12,
feet through a central angle of 12° Township 48 south, Range 28 east.
--�,
56'25" and being subtended by a Thence along said line south 89° 24'56"
chord which bears south 05° 33'57" west 151.63 feet to the intersection with
west 103.97 feet; the west line of those lands described in
(22) South 12° 02'43" west 100.00 feet; O.R. Book 2493 page 2779-2796;
(23) 122.31 feet along the arc of a circular Thence along the west line of said lands
curve concave east having a radius north 00° 44'30" west 5,387.66 feet to the
of 540.00 feet through central angle intersection with the north line of said
of 12° 58'40"and being subtended by Section 12;
a chord which bears south 05°33'23"
west 122.05 feet; Thence along said north line north 89°
' 00'09" east 23.81 feet to intersection with
(24) South 00° 55'58" east 49.54 feet to the west line of those lands described in
the north right-of-way line of Oil O.R. Book 2493 pages 2779-2796;
Well Road (100' right-of-way);
Thence along the west line of said lands
Thence along said north right-of-way in north 00° 43'12" west 5,312.87 feet to the
the following eight described courses: south line of Section 36, Township 47
(1) South 88° 57'46" west 2,595.92 feet; south, Range 28 east;
(2) South 88° 54'34" west 2,641.05 feet; Thence along said south line south 89°
(3) South 88° 57'06" west 2,570.04 feet; 28'47" west 1,591.63 feet;
(4) South 88° 55'37" west 2,702.71 feet; Thence continue along said south line
south 89° 28'47" west 2,658.12 feet to the
(5) South 88° 56'50" west 2,645.03 feet; south west corner of said Section 36;
(6) South 88° 56'28" west 2,639.06 feet; Thence along the west line of said Section --�
(7) South 89° 44'55" west 2,676.56 feet; 36 north 00° 12'02" west 2,594.56 feet;
Supp. No. 24 SA262:162
SPECIAL DISTRICTS §262-731
Thence continue along the west line of of 89°59'58" and being subtended by
said Section 36 north 00° 13'09" east a chord which bears south 44°56'23"
2,595.59 feet to the northwest corner of east 650.54 feet;
said Section 36; (3) South 00° 03'36" west 600.00 feet;
Thence along the north line of said Sec-
tion 36 north 89°57'18"east 2,678.23 feet; (4) 529.01 feet along the arc of a circular
curve concave west having a radius
Thence continue along the north line of of 760.00 feet through central angle
said Section north 89°57'18"east 2,678.23 of 39°52'53"and being subtended by
feet to the north east corner of said Sec- a chord which bears south 20°00'02"
tion 36; west 518.39 feet;
Thence along the west line of Section 30, (5) South 39° 56'29" west 543.45 feet;
Township 47 south, Range 29 east, north
00° 13'04" west 2,580.06 feet; (6) 589.90 feet along the arc of a circular
curve concave east having a radius
Thence continue along said west line of of 840.00 feet through central angle
said Section 30 north 00° 10'45" west of 40° 14'11" and being subtended by
2,527.41 feet to the south right-of-way a chord which bears south 19°49'24"
line of Immokalee Road (100' right-of- west 577.85 feet;
way);
(7) South 00° 17'42" east 60.83 feet to
Thence along said right-of-way line for the point of beginning, containing
the following nine described courses: 10,805.08 acres,more or less,subject
(1) South 89° 43'35" east 0.74 feet; to easements and restrictions of
(2) North 87° 40'12" east 2,582.06 feet; record. Bearings are based on the
west half of the south line of Section
(3) North 87° 38'44" east 2,630.49 feet; 16, Township 48 south, Range 29
(4) North 87° 41'38" east 2,640.92 feet; east, Collier County, Florida, being
south 88° 54'34" west.
(5) North 87° 46'05" east 2,645.58 feet; (Laws of Fla. ch. 2004-461, § 4)
(6) North 89° 37'45" east 2,687.06 feet;
(7) North 89° 39'06" east 780.08 feet; Sec. 262-731. Board of supervisors; mem-
bers and meetings; organiza-
(8) 3,074.23 feet along the arc of a tion; powers; duties; terms of
nontangential circular curve con- office;related election require-
cave northwest having a radius of ments.
1,960.26 feet through a central angle
of 89° 51'20"and being subtended by (a) The board of supervisors of the district
a chord which bears north 44°42'37" shall exercise the powers granted to the district
east 2,768.73 feet; pursuant to this Act in order to implement its
(9) North 00° 27'14" west 663.14 feet to specialized single purpose.
the intersection with the south right- (b) There is hereby created the board of super-
of-way line of said Camp Keias Road; visors of the stewardship community district which
Thence along said right-of-way line in the shall be the governing board and body of the
following seven described courses: district. Except as otherwise provided in this Act,
each member shall hold office for a term of four
(1) South 89° 56'24" east 266.14 feet; years and until a successor is chosen and quali-
(2) 722.56 feet along the arc of a fies. There shall be five members of the board of
nontangential circular curve con- supervisors who shall, in order to be eligible, be
cave southwest having a radius of residents of the state and citizens of the United
460.00 feet through a central angle States.Three members shall constitute a quorum.
Supp.No. 24 SA262:163
§262-731 COLLIER COUNTY CODE .—..,
(c) Within in 45 days after the effective date of subsection (c). The two candidates receiving the
this Act,a noticed special meeting of the landown- highest number of votes shall be elected to serve
ers of the Ave Maria Stewardship Community for a four-year period and the remaining candi-
District shall be held for the purpose of electing dates shall serve for a two-year period.
the members to the first board of supervisors for (e) The landowners present at the meeting
the district as provided in this Act. Notice of such shall constitute a quorum.
special meeting of the landowners shall be given
by causing publication thereof, to be made once a (f) All vacancies or expirations on the board of
week for two consecutive weeks prior to such supervisors shall be filled as provided by this Act.
meeting in a newspaper of general paid subscrip-
(g) In case of a vacancy in the office of any
tion and circulation in Collier County the last day member of the board of supervisors, the remain-
of such publication not to be fewer than 14, or ing members of the board of supervisors shall by
more than 28 days before the day of the election. majority vote appoint a person to serve as a
Such special meeting of the landowners shall be member of the board of supervisors for the unex-
held in a public place in Collier County and the pired portion of the term.
place, date,and hour of holding such meeting and
the purpose thereof shall be stated expressly in (h) If the board proposes to exercise its limited
the notice.The landowners when assembled shall ad valorem taxing power as provided in the char-
organize by electing a chair, who shall preside at ter, the provisions of subsection 262-742(a) shall
the meeting of the landowners, and a secretary, apply.
who shall record the proceedings. At such meet- (Laws of Fla. ch. 2004-461, § 4)
ing, for the election of each person to be elected,
each and every acre of land, or any fraction Sec. 262-732. Election;popular elections,ref-
thereof, within the boundary of the district shall erendum and designation of
represent one vote and each owner of that acre or urban areas.
fraction thereof shall be entitled to one vote for (a) Elections of the members of the board shall
every such acre or fraction thereof. Persons who be conducted on a one acre, one vote basis as
qualify to serve as board members shall be nom provided in subsection 262-731(c), until and un-
inated at the noticed meeting prior to the initial
less the provisions of subsection 262-732(b)apply.
election at the noticed meeting.A landowner may When and as applicable and required, the appro-
vote in person or by proxy in writing.A landowner priate provisions of F.S. § 189.405, as amended
who sells land to a bona fide purchaser may by from time to time, apply.
written lawful instrument retain the voting rights
for that acreage. (b) A referendum shall be called by the board
of supervisors of the district,each member elected
(d) At the landowners meeting for the election on a one-acre, one-vote basis, on the question of
of the members of the board of supervisors on a whether certain members of the board should be
one-acre, one-vote basis, the two candidates re- elected by qualified electors,providing each of the
ceiving the highest number of votes shall be following conditions has been satisfied at least 60
elected for a term expiring November 30, 2006, days prior to the general or special election at
and the three candidates receiving the next larg- which the referendum is to be held:
est number of votes shall be elected for a term (1) That the district has at least 500 qualified
expiring November 30, 2008. The members of the electors, based on the most recent state
first board elected by the landowners shall serve
their four-year or two-year term; however, the population estimate.
next election by the landowners shall be held on (2) A petition signed by ten percent of the
the first Tuesday in November. Thereafter, there qualified electors of the district shall have
shall be an election of supervisors for the district been filed with the board of supervisors of
every two years in November on a date estab- the district. The petition shall be submit- -- .„
lished by the board and noticed pursuant to ted to the Supervisor of Elections of Col-
Supp.No.24 SA262:164
SPECIAL DISTRICTS §262-732
Tier County who shall, within 30 days maps describing urban areas within the
after receipt of the petition, certify to the district shall be presented to the board of
board the percentage of signatures of qual- supervisors.
ified electors contained on the petition.
(8) Any district landowner or elector may
(3) Upon verification by the supervisor of contest the accuracy of the urban area
elections that ten percent of the qualified maps prepared by the staff of the district
electors of the district have petitioned the within 30 days after submission to the
board of supervisors, the next regularly board of supervisors.Upon notice of objec-
scheduled election of governing board mem tion to the maps, the governing board
bers shall occur at least 60 days after shall request the county engineer to pre-
verification of the petition. pare and present maps of the district
describing the extent and location of all
(4) If the qualified electors approve the elec- urban areas within the district. Such de-
tion procedure described in this section, termination shall be based limitedly and
the governing board of the district shall exclusively upon the criteria contained in
remain five members and elections shall the definition in this Act of urban area.
be held pursuant to the criteria described Within 30 days after the governing board
in this section, beginning with the next requests,the county engineer shall present
regularly scheduled election of governing the maps to the governing board.
board members or at a special election (9) Upon presentation of the maps by the
called within six months following the county engineer,the governing board shall
referendum and final unappealed ap- compare the maps submitted by both the
proval of district urban area maps as district staff and the county engineer and
provided in this section,whichever is ear- make a determination as to which set of
�- her. maps to adopt. Within 60 days after pre-
(5) If the qualified electors of the district sentation of all such maps, the governing
disapprove the election procedure de- board may amend and shall adopt the
scribed in this section, elections of the official maps at a regularly scheduled
members of the board of supervisors shall board meeting.
continue as described in this Act on a (10) Any district landowner or qualified elec-
one-acre,one-vote basis. No further refer- tor may contest the accuracy of the urban
endum on the question shall be held for a area maps adopted by the board after
minimum period of two years following adoption in accordance with the provision
the referendum. for judicial review as provided in Florida
Administrative Procedure Act. Accuracy
(6) Within 30 days after approval of the elec- shall be determined pursuant to the defi-
tion process described in this section by nition of urban area as contained in this
qualified electors of the district,the board Act.
of supervisors shall direct the district
staff to prepare and to present maps of (11) Upon adoption by the board of supervi-
the district describing the extent and lo- sors or certification by the court, the dis-
cation of all urban areas within the dis- trict urban area maps shall serve as the
trict, such determination shall be based official maps for determination of the ex-
upon the criteria contained in the defini- tent of the urban area within the district
tion of urban area, in this Act. and the number of members of the board
of supervisors to be elected by qualified
(7) Within 60 days after approval of the elec- electors and by the one-acre, one-vote
tion process described in this subsection principle at the next regularly scheduled
by qualified electors of the district, the election of governing board members.
Supp.No.24 SA262:165
§262-732 COLLIER COUNTY CODE
(12) Upon a determination of the percentage of vote principle contained in sec-
urban area within the district as com- tion 262-731 or the district's
pared with total area within the district, enabling legislation.
the governing board shall determine the 4. If urban areas constitute at least
number of electors in accordance with the 70 percent but less than 90
percentages pursuant to this paragraph.
The landowners' meeting date shall be percent of the district,four gov
designated by the board of supervisors. erning board members shall be
elected by the qualified electors
(13) The map shall be updated and readopted and one governing board mem-
every five years or sooner at the discretion ber shall be elected in accor-
of the board of supervisors. dance with the one-acre, one-
vote principle contained in
(c) Governing board. section 262-731 or the district's
(1) The composition of the governing board enabling legislation.
shall be as follows: 5. If urban areas constitute at least
a. The five members of the governing 90 percent or more of the dis-
board of the district shall be elected trict, all governing board mem-
in accordance with the following de- bers shall be elected by the
terminations of urban area: qualified electors.
1. If urban areas constitute 25 b. All members of the board of supervi-
percent or less of the district, sors,regardless of how elected, shall
one governing board member be public officers, shall be known as
shall be elected by the qualified supervisors, and, upon entering into
electors and four governing office,shall take and subscribe to the
board member shall be elected oath of office as prescribed by F.S.
in accordance with the one- § 876.05, as amended from time to
acre, one-vote principle con- time. All members of the board of
tained in section 262-731 or the supervisors,regardless of how elected,
district's enabling legislation. and regardless of whether they are
2. If urban areas constitute more qualified electors themselves or not,
than 25 percent but less than shall be public officials and subject
50 percent of the district, two to ethics and conflict of interest laws
governing board members shall of the state that apply to all public
be elected by the qualified elec- officers.They shall hold office for the
tors and three governing board terms for which they were elected
members shall be elected in ac- and until their successors are chosen
cordance with the one-acre,one- and qualified.
vote principle contained in sec- c. Any elected member of the board of
tion 262-731 or the district's supervisors may be removed by the
enabling legislation. governor for malfeasance, misfea-
3. If urban areas constitute at least sance, dishonesty, incompetency, or
50 percent but less than 70 failure to perform the duties im-
percent of the district, three posed upon him or her by this Act,
governing board members shall and any vacancies that may occur in
be elected by the qualified elec- such office shall be filed by the gov-
tors and two governing board ernor, as soon as practicable, unless
members shall be elected in ac- filled by the board as provided in —�
cordance with the one-acre,one- this Act.
Supp.No.24 SA262:166
SPECIAL DISTRICTS §262-732
d. All governing board members elected elected on a one-acre,one-
by qualified electors shall be quali- vote basis shall be elected
fled electors elected at large. Candi- for periods of one,two,and
dates seeking election as qualified three years, respectively,
electors shall conduct their cam- as prescribed by section
paigns in accordance with the provi- 262-731.
sions of F.S. Ch. 106, as amended iii. If three governing board
from time to time, and shall file members are elected by
petitions as required in F.S. §99.021, the qualified electors and
as amended from time to time, and two are elected on a one-
take the oath therein prescribed. acre, one-vote basis, two
e. 1. All governing board members of the governing board
elected by qualified electors shall members elected by the
have a term of four years ex- qualified electors shall be
cept for governing board mem-
bers for a term of four
bers elected at the first election years and the other gov
and the first landowners' meet- erning board member
ing following the referendum elected by the qualified
prescribed in subsection (b). electors shall be elected
Governing board members for a term of two years.
elected at the first election and Governing board members
the first landowners' meeting elected on a one acre,one-
following the referendum shall vote basis shall be elected
serve as follows: for periods of one year and
two years,respectively, as
i. If one governing board prescribed by section 262-
member is elected by the 731.
qualified electors and four iv. If four governing board
are elected on a one-acre, members are elected by
one-vote basis,the govern- the qualified electors and
ing board member elected one is elected on a one-
by the qualified electors acre, one-vote basis, two
shall be elected for a pe- of the governing board
riod of four years. Govern- members elected by the
ing board members elected qualified electors shall be
on a one-acre,one-vote ba- elected for a term of two
sis shall be elected for a years and the other two
specified period of years, for a term of four years.
as prescribed by section The governing board mem-
262-731. ber elected on a one-acre,
ii. If two governing board one-vote basis shall be
members are elected by elected for a term of one
the qualified electors and year as prescribed by sec-
three are elected on a one- tion 262-731.
acre, one-vote basis, the v. If five governing board
governing board members members are elected by
elected by the qualified the qualified electors,three
electors shall be elected shall be elected for a term
for a period of four years. of four years and two for a
Governing board members term of two years.
Supp.No.24 SA262:167
§262-732 COLLIER COUNTY CODE
vi. If any vacancy occurs in a ii. All landowners' meetings
seat occupied by a govern- of districts operating pur-
ing board member elected suant to this section shall
by the qualified electors, be set by the board within
the remaining members of the month preceding the
the governing board shall, month of the election of
within 45 days after the the governing board mem-
vacancy occurs, appoint a bers by the electors.
person who would be eli- iii. Vacancies on the board
gible to hold the office for shall be filled pursuant to
the unexpired term. section 262-731 and this
vii. Each and every election, subsection except as oth-
by qualified electors, of erwise provided in this sec-
members of the board of tion.
supervisors pursuant to f. Three of the members of the board of
this Act shall be conducted supervisors constitute a quorum for
in the manner and at a the purpose of conducting its busi-
time prescribed by law for ness and exercising its powers and
holding general elections for all other related purposes.Action
or prescribed by the super taken by the district board of super-
visor of elections in and visors present shall be upon a vote of
for the Collier County po the majority of the members present,
litical subdivision. unless general law or rule of the
2. An annual landowners' meet- district subsequently promulgated re-
ing shall be held pursuant to quires a greater number.
section 262-731 and at least
one governing board member g. As soon as practicable after each
shall be elected on a one acre, election or appointment, the board
one vote basis pursuant to sec- shall organize by electing one of its
tion 262-731 for so long as ten members as chair and by electing a
percent or more of the district secretary,who need not be a member
is not contained in an urban of the board, and such other officers
area. In the event that all dis- as the board may deem necessary
trict governing board members h. The board shall keep a permanent
are elected by qualified elec- record book entitled "Record of Pro-
tors, there shall be no further ceedings of Ave Maria Stewardship
landowners' meetings. Community District," in which shall
i. At any landowners' meet- be recorded minutes of all meetings,
ing called pursuant to this resolutions,proceedings,certificates,
section, 50 percent of the bonds given by all employees, and
district acreage shall not any and all corporate acts.The record
be required to constitute a book shall at reasonable times be
quorum and each govern- opened to inspection in the same
ing board member shall manner as state, county, and munic-
be elected by a majority of ipal records pursuant to F.S. Ch.
the acreage represented ei- 119.The record book shall be kept at
ther by owner or proxy the office or other regular place of
present and voting at said business maintained by the board of -�
meeting. supervisors within Collier County.
Supp.No.24 SA262:168
SPECIAL DISTRICTS §262-734
i. Each supervisor shall be entitled to Such funds shall be disbursed only upon the order
receive for his or her services an or pursuant to a resolution of the board by war-
amount not to exceed $200.00 per rant or check countersigned by the treasurer and
meeting of the board of supervisors, by such other person as may be authorized by the
not to exceed $4,800.00 per year per board. The board may give the treasurer such
supervisor,or an amount established other or additional powers and duties as the
by the electors voting in a referen- board may deem appropriate and may fix his or
dum. In addition, each supervisor her compensation. The board may require the
shall receive travel and per diem treasurer to give a bond in such amount, on such
expenses as set forth in F.S.§112.061, terms, and with such sureties as may be deemed
as amended from time to time. satisfactory to the board to secure the perfor-
j. All meetings of the board shall be mance by the treasurer of his or her powers and
open to the public and governed by duties. The financial records of the board shall be
the provisions of F.S. Ch. 286. audited by an independent certified public accoun-
tant at least once a year.
(2) The members of the board of supervisors
of the district, whether elected on a one- (c) The board is authorized to select as a de-
acre, one-vote basis or a qualified elector pository for its funds any qualified public deposi-
basis, shall constitute the members of the tory as defined in F.S. § 280.02, as amended from
governing board of the district subject to time to time which meets all the requirements of
the requirements of this Act. F.S. Ch. 280, as amended from time to time, and
(Laws of Fla. ch. 2004-461, § 4) has been designated by the treasurer as a quali-
fied public depository upon such terms and con-
Sec. 262-733. Board of supervisors; general ditions as to the payment of interest by such
duties. depository upon the funds so deposited as the
(a) The board shall employ and fix the compen- board may deem just and reasonable.
sation of a district manager.The district manager (Laws of Fla. ch. 2004-461, § 4)
shall have charge and supervision of the works of
the district and shall be responsible for preserv- Sec. 262-734. Budget; reports and reviews.
ing and maintaining any improvement or facility
constructed or erected pursuant to the provisions (a) The district shall provide financial reports
of this Act, for maintaining and operating the such form and such manner as prescribed
equipment owned by the district,and for perform- pursuant to this Act and F.S.Ch.218,as amended
ing such other duties as may be prescribed by the from time to time.
board. It shall not be a conflict of interest under (b) On or before July 15 of each year, the
F.S. Ch. 112, as amended from time to time, for a district manager shall prepare a proposed budget
board member, the district manager, or another for the ensuing fiscal year to be submitted to the
employee of the district to be a stockholder, of board for board approval. The proposed budget
ficer, or employee of a landowner. The district shall include at the direction of the board an
manager may hire or otherwise employ and ter estimate of all necessary expenditures of the
urinate the employment of such other persons, district for the ensuing fiscal year and an esti-
including,without limitation,professional, super mate of income to the district from the taxes and
visory, and clerical employees, as may be neces assessments provided in this Act. The board shall
sary and authorized by the board. The compensa consider the proposed budget item by item and
tion and other conditions of employment of the may either approve the budget as proposed by the
officers and employees of the district shall be as district manager or modify the same in part or in
provided by the board. whole.The board shall indicate its approval of the
(b) The board shall designate a person who is a budget by resolution, which resolution shall pro-
resident of the state as treasurer of the district, vide for a hearing on the budget as approved.
who shall have charge of the funds of the district. Notice of the hearing on the budget shall be
Supp.No.24 SA262:169
§262-734 COLLIER COUNTY CODE ---.
published in a newspaper of general circulation in to all existing residents and all prospective resi-
the area of the district once a week for two dents, of the district. The district shall furnish
consecutive weeks, except that the first publica- each developer of a residential development within
tion shall be not fewer than fifteen days prior to the district with sufficient copies of that informa-
the date of the hearing. The notice shall further tion to provide each prospective initial purchaser
contain a designation of the day, time, and place of property in that development with a copy, and
of the public hearing. At the time and place any developer of a residential development within
designated in the notice, the board shall hear all the district, when required by law to provide a
objections to the budget as proposed and may public offering statement, shall include a copy of
make such changes as the board deems necessary. such information relating to the public financing
At the conclusion of the budget hearing,the board and maintenance of improvements in the public
shall, by resolution, adopt the budget as finally offering statement. The Division of Florida Land
approved by the board.The budget shall be adopted Sales, Condominiums, and Mobile Homes of the
prior to October 1 of each year. Department of Business and Professional Regu-
lation shall ensure that disclosures made by de-
(c) At least 60 days prior to adoption,the board velopers pursuant to F.S. Ch. 498, meet the re-
of supervisors of the district shall submit to the quirements of F.S. § 190.009(1).
Collier County Board of County Commissioners, (Laws of Fla. ch. 2004-461, § 4)
for purposes of disclosure and information only,
the proposed annual budget for the ensuing fiscal Sec. 262-736. General powers.
year and the board of county commissioners may
submit written comments to the board of super- The district shall have, and the board may
visors solely for the assistance and information of exercise, the following general powers:
the board of supervisors of the district in adopting (1) To sued and be sued in the name of the
its annual district budget. district; to adopt and use a seal and au-
(d) The board of supervisors of the district thorize the use of a facsimile thereof; to
shall submit annually, to the board of County acquire, by purchase, gift, devise, or oth
Commissioners of Collier County,its district pub- erwise,and to dispose of real and personal
lic facilities report under F.S. § 189.415(2), as property, or any estate therein; and to
amended from time to time, addressing specifi- make and execute contracts and other
cally short-term and long-term innovative sys-
tems, facilities, and services consistent with the the exercise of its powers.
unique nature of the new university town commu- (2) To apply for coverage of its employees
nity in the Eastern Collier County Stewardship under the Florida Retirement System in
Area Overlay, as to which the Board of County the same manner as if such employees
Commissioners of Collier County shall use and were state employees, subject to neces-
rely on the district public facilities report in the sary action by the district to pay employer
preparation or revision of the Collier County contributions into the Florida Retirement
Growth Management Plan,specifically under F.S. System Trust Fund.
§ 189.415(6), as amended from time to time. (3) To contract for the services of consultants
(Laws of Fla. ch. 2004 461, § 4) to perform planning, engineering, legal,
or other appropriate services of a profes-
Sec. 262-735. Disclosure of public financ- sional nature. Such contracts shall be
ing. subject to public bidding or competitive
The district shall take affirmative steps to negotiation requirements as set forth in
provide for the full disclosure of information re section 262-749.
lating to the public financing and maintenance of (4) To borrow money and accept gifts; to ap-
improvements to real property undertaken by the ply for and use grants or loans of money or -�,
district. Such information shall be made available other property from the United States,
Supp.No.24 SA262:170
SPECIAL DISTRICTS §262-736
the state, a unit of local government, or of indebtedness as hereinafter provided;
any person for any district purposes and to levy such tax and assessments as may
enter into agreements required in connec- be authorized; and to charge, collect, and
tion therewith; and to hold, use, and dis- enforce fees and other user charges sub-
pose of such moneys or property for any ject as applicable to sections 262-738—
district purposes in accordance with the 262-741.
terms of the gift, grant, loan, or agree-
ment relating thereto. (10) To raise, by user charges or fees autho-
rized by resolution of the board, amounts
(5) To adopt rules and orders pursuant to the of money which are necessary for the
provisions of F.S. Ch. 120, as amended conduct of district activities and services
from time to time,prescribing the powers, and to enforce their receipt and collection
duties, and functions of the officers of the in the manner prescribed by resolution
district;the conduct of the business of the not inconsistent with law.
district; the maintenance of records; and
the form of certificates evidencing tax (11) To exercise within the district, or beyond
liens and all other documents and records the district with prior approval by super
of the district. The board may also adopt majority vote of a resolution of the gov
administrative rules with respect to any erning body of the county if the taking
of the projects of the district and define will occur in an unincorporated area, the
the area to be included therein.The board right and power of eminent domain, pur-
may also adopt resolutions which may be suant to the provisions of F.S. Chs. 73 and
necessary for the conduct of district busi 74, as they may be amended from time to
ness. time, over any property within the state,
except municipal, county, state, and fed-
(6) To maintain an office at such place or eral property, for the uses and purpose of
places as the board of supervisors desig- the district relating solely to water,sewer,
nates in Collier County, and within the district roads, and water management,
district when facilities are available. specifically including, without limitation,
(7) To hold, control, and acquire by donation, the power for the taking of easements for
purchase, or condemnation, or dispose of, the drainage of the land of one person
any public easements, dedications to pub over and through the land of another.
lic use, platted reservations for public (12) To cooperate with, or contract with, other
purposes, or any reservations for those governmental agencies as may be neces-
purposes authorized by this Act other sary, convenient, incidental, or proper in
than public easements conveyed to or connection with any of the powers, duties,
accepted by Collier County and to make or purposes authorized by this Act.
use of such easements, dedications, or
reservations for the purposes mandated (13) To assess and to impose upon lands in the
by this Act. district ad valorem taxes as provided and
limited by this Act.
(8) To lease as lessor or lessee to or from any
person, firm, corporation, association, or (14) If and when authorized by general law,to
body, public or private, any projects of the determine,order,levy,impose,collect,and
type that the district is authorized to enforce maintenance taxes.
undertake and facilities or property of
any nature for the use of the district to (15) To determine, order, levy, impose, collect,
carry out the purposes mandated by this and enforce assessments pursuant to this
Act. Act, which sets forth a detailed uniform
procedure to implement F.S. Ch. 170,and,
(9) To borrow money and issue bonds, certif- as an alternative, to determine, order,
icates, warrants, notes, or other evidence levy, impose, collect, and enforce assess-
Supp.No. 24 SA262:171
§262-736 COLLIER COUNTY CODE
ments under and pursuant to F.S. Ch. cial purpose and to provide, pursuant to that
170, as amended from time to time, pur- purpose, basic systems, facilities, services, im-
suant to authority granted in F.S. provements, projects, works, and infrastructure
§ 197.3631, as amended from time to in and subject to the stewardship overlay, each of
time, or pursuant to other provisions of which constitutes a lawful public purpose when
general law now or hereinafter enacted exercised pursuant to this charter, subject to, and
which provide or authorize a supplemen- not inconsistent with, the regulatory jurisdiction
tal means to impose, levy, and collect and permitting authority of all other applicable
special assessments. Such special assess- governmental bodies, agencies, and any special
ments, in the discretion of the district, as districts having authority with respect to any
provided in F.S. § 197.3631, as amended area included therein, and to plan, establish,
from time to time, may be collected and acquire, construct or reconstruct, enlarge or ex-
enforce pursuant to the provisions of F.S. tend, equip, operate, finance, fund, and maintain
§§ 197.3632 and 197.3635, and F.S. Chs. improvements,systems,facilities,services,works,
170 and 173, as they may be amended projects, and infrastructure. Any or all of the
from time to time, or as provided by this following special powers are granted by this Act in
Act. order to implement the special requirements of
(16) To exercise such special powers and other this university new town community within the
express powers as may be authorized and stewardship overlay and the single special pur-
granted by this Act in the charter of the pose of the district:
district including powers as provided in
any interlocal agreement entered into pur- (1) Water management and control for the
suant to F.S. Ch. 163, as amended from lands within the district and to connect
time to time,or which shall be required or some or any of such facilities with roads
permitted to be undertaken by the district and bridges. In the event that the board
pursuant to any development order or assumes the responsibility for providing
development of regional impact,including water management and control for the
any interlocal service agreement with Col- district which is to be financed by a ben-
lier County for fair-share capital construc- efit special assessments, the board shall
tion funding for any certain capital facil- adopt plans and assessments pursuant to
ities or systems required of the developer law or may proceed to adopt water man-
pursuant to any applicable development agement and control plans, assess for
order or agreement. benefits, and apportion and levy special
(17) To exercise all of the powers necessary, assessments, as follows:
convenient, incidental, or proper in con-
nection with any other powers or duties or a. The board shall cause to be made by
the single purpose of the district autho- the district's engineer, or such other
rized by this Act. engineer or engineers as the board
(18) The provisions of this section on general may employ for that purpose, corn
powers shall be construed liberally in plete and comprehensive water man-
order to carry out effectively the single agement and control plans for the
specialized purpose of this Act and to lands located within the district that
secure for the district its ability to be will be improved in any part or in
innovative in and for the rural lands stew whole by any system of facilities that
ardship overlay. may be outlined and adopted, and
(Laws of Fla. ch. 2004-461, § 4) the engineer shall make a report in
writing to the board with maps and
Sec. 262-737. Special powers. profiles of said surveys and an esti-
The district shall have the following special mate of the cost of carrying out and --�
powers to implement its lawful, single, and spe- completing the plans.
Supp.No. 24 SA262:172
SPECIAL DISTRICTS §262-737
b. Upon the completion of such plans, pipelines in, along, and under any street,
the board shall hold a hearing thereon alley, highway, or other public place or
to hear objections thereto, shall give ways, and to dispose of any effluent, res-
notice of the time and place fixed for idue, or other byproducts of such system
such hearing by publication once each or sewer system.
week for two consecutive weeks in a a. The district may not purchase or sell
newspaper of general circulation in a water, sewer, or wastewater reuse
the general area of the district, and utility that provides service to the
shall permit the inspection of the public for compensation,or enter into
plan at the office of the district by all a wastewater facility privatization
persons interested. All objections to contract for a wastewater facility,
the plan shall be filed at or before until the governing body of the stew-
the time fixed in the notice for the ardship community district has held
hearing and shall be in writing. a public hearing on the purchase,
c. After the hearing, the board shall sale,or wastewater facility privatiza-
consider the proposed plan and any tion contract and made a determina-
objections thereto and may modify, tion that the purchase,sale,or waste-
reject, or adopt the plan or continue water facility privatization contract
the hearing until a day certain for is in the public interest.
further consideration of the pro- b. In determining if the purchase, sale,
posed plan or modifications thereof. or wastewater facility privatization
d. When the board approves a plan, a contract is in the public interest,the
resolution shall be adopted and a stewardship community district shall
certified copy thereof shall be filed in consider, at a minimum, the follow-
'`- the office of the secretary and incor- ing:
porated by him or her into the records 1. The most recent available in-
of the district. come and expense statement
e. The water management and control for the utility;
plan may be altered in detail from 2. The most recent available bal-
time to time until the appraisal record ance sheet for the utility, list-
herein provided is filed, but not in ing assets and liabilities and
such manner as to affect materially clearly showing the amount of
the conditions of its adoption. After contributions-in-aid-of-construc-
the appraisal record has been filed, tion and the accumulated de-
no alteration of the plan shall be preciation thereon;
made,except as provided by this Act. 3. A statement of the existing rate
f. Within 20 days after the final adop- base of the utility for regula-
tion of the plan by the board, the tory purposes;
board shall proceed pursuant to F.S. 4. The physical condition of the
§ 298.301, as amended from time to utility facilities being purchased,
time. sold, or subject to a wastewater
facility privatization contract;
(2) Water supply,sewer,and wastewater man-
agement, reclamation, and reuse, or any 5. The reasonableness of the pur
combination thereof, and any irrigation chase, sales, or wastewater fa
systems, facilities, and services and to cility privatization contract price
construct and operate connecting inter- and terms;
cepting or outlet sewers and sewer mains 6. The impacts of the purchase,
and pipes and water mains, conduits, or sale, or wastewater facility
Supp.No. 24 SA262:173
§262-737 COLLIER COUNTY CODE —....„
privatization contract on utility 12. All moneys paid by a private
customers, both positive and firm to a district pursuant to a
negative; wastewater facility privatiza-
7. Any additional investment re tion contract shall be used for
re-
quired and the ability and the purpose of reducing or off
will-
ingness of the purchaser or the setting property taxes, waste-
private firm under a wastewa- water service rates, or debt re-
ter facility privatization con duction or making
tract to make that investment, infrastructure improvements or
whether the purchaser is the capital asset expenditures or
district or the entity purchas- other public purpose; provided,
ing the utility from the district; however, nothing herein shall
preclude the district from using
8. In the case of a wastewater all or part of the moneys for the
facility privatization contract, purpose of the district's qualifi-
the terms and conditions on cation for relief from the repay-
which the private firm will pro- ment of federal grant awards
vide capital investment and fi- associated with the wastewater
nancing or a combination thereof system as may be required by
for contemplated capital replace- federal law or regulation.
ments, additions, expansions, The district shall prepare a
and repairs. The district shall statement showing that the pur-
give significant weight to this chase,sale,or wastewater facil-
criteria; --'�
ity privatization contract is in
9. The alternatives to the pur- the public interest, including a
chase,sale,or wastewater facil- summary of the purchaser's or
ity privatization contract and private firm's experience in wa-
the potential impact on utility ter, sewer, or wastewater reuse
customers if the purchase,sale, utility operation and a showing
or wastewater facility privatiza- of financial ability to provide
tion contract is not made; the service, whether the pur-
chaser or private firm is the
10. The ability of the purchaser or district or the entity purchas-
the private firm under a waste- ing the utility from the district.
water facility privatization con-
tract to provide and maintain (3) Bridges or culverts that may be needed
high-quality and cost-effective across any drain, ditch, canal, floodway,
utility service,whether the pur- holding basin, excavation, public high-
chaser is the district or the en- way,tract,grade,fill,or cut and roadways
tity purchasing the utility from over levees and embankments, and to
the district; construct any and all of such works and
improvements across, through, or over
11. In the case of a wastewater any public right-of-way, highway, grade,
facility privatization contract, fill, or cut.
the district shall give signifi-
cant weight to the technical ex- (4) District roads equal to or exceeding the
pertise and experience of the specifications of the county in which such
private firm in carrying out the district roads are located,and street lights,
obligations specified in the including conditions of development ap-
wastewater facility privatiza- proval which sometimes may be different ---..„
tion contract; and specifications then the normal specifica-
Supp.No.24 SA262:174
SPECIAL DISTRICTS §262-737
tions of the county. This special power an agreement between the district and
includes construction,improvement,pave- the Board of County Commissioners of
ment, and maintenance of roadways and Collier County or with any applicable
roads necessary and convenient for the other public or private entity, including a
exercise of the powers or duties of the homeowners'association,and is not incon-
district to: sistent with the Collier County Compre-
a. Implement its single purpose; hensive Plan, the Growth Management
Plan, and the stewardship overlay which
b. Include as a component thereof roads, implement the single special purpose of
parkways,bridges,landscaping,irri- the district.
gation, bicycle lanes, and jogging
paths,street lighting,traffic signals, (9) Parks and facilities for indoor and out
road striping, and all other custom- door recreational, cultural, and educa-
ary elements of a modern road sys-
tem in general or as tied to the (10) Fire prevention and control,including fire
conditions of development approval stations, water mains and plugs, fire
for the specific Ave Maria Commu- trucks,and other vehicles and equipment.
nity Development; and
(11) School buildings and related structures,
c. Plan,implement, construct or recon- which may be leased, sold, or donated to
struct, enlarge or extend, finance, the school district, for use in the educa-
fund, equip, operate, and maintain tional system when authorized by the
parking facilities that are freestand- district school board.The stewardship com-
ing or that may be related to any munity district is granted the special power
innovative strategic intermodal sys- to contract with the Collier County School
tem of transportation pursuant to Board and, as applicable, the Board of
applicable federal, state, and local County Commissioners of Collier County,
law and ordinance. and with the applicable landowner devel-
(5) Buses,trolleys,transit shelters, rideshar- oper of the lands within the jurisdiction of
ing facilities and services, parking im- the district, to assess the school district
provements, and related signage. educational facilities plan, and to imple-
ment a management and financing plan
(6) Investigation and remediation costs asso- for timely construction,maintenance,and
ciated with the cleanup of actual or per- acquisition, at the option of the steward-
ceived environmental contamination within ship community district, school facilities,
the district under the supervision or di- including facilities identified in the facil-
rection of a competent governmental au- ities work programs or those proposed by
thority unless the covered costs benefit charter schools.The stewardship commu-
any person who is a landowner within the nity district is granted the special power
district and who caused or contributed to to determine, order, levy, impose, collect,
the contamination. or arrange for the collection and enforce-
(7) Conservation areas,mitigation areas,and ment of assessments, as defined in and
wildlife habitat, including the mainte pursuant to this Act for such school facil
nance of any plant or animal species, and ities.The stewardship community district
any related interest in real or personal created under and by this Act is eligible
property. for the financial enhancements available
to educational facilities benefit districts to
(8) Using its general and special powers as provide for financing the construction and
set forth in this Act, any other project maintenance of educational facilities pur-
within or without the boundaries of a suant to F.S. § 1013.356, and,if and when
district when the project is the subject of authorized by general law,to acquire such
Supp. No. 24 SA262:175
§262-737 COLLIER COUNTY CODE --
educational facilities.This Act,in the place the appropriate local general-purpose gov-
of an educational facilities benefit dis- ernment agencies for an increased level of
trict,authorizes the Collier County School such services within the district bound-
Board to designate the Ave Maria Stew- aries. Notwithstanding any provision of
ardship Community District.The steward- general law,the district may operate guard-
ship community district is authorized to houses for the limited purpose of provid-
enter into an interlocal agreement with ing security for the residents of the dis-
the Collier County School Board and, as trict and which serve a predominate public,
applicable, the Board of County Commis- as opposed to private,purpose.Such guard-
sioners of Collier County and applicable houses shall be operated by the district or
private landowners and developers, and any other unit of local government pursu-
the Ave Maria University in order to pro- ant to procedures designed to serve such
vide for such construction, maintenance, security purposes as set forth in rules
and acquisition and in order to receive the adopted by the board, from time to time,
applicable financial enhancements pro- following the procedures set forth in F.S.
vided by F.S. § 1013.356. The interlocal Ch. 120, as amended from time to time.
agreement shall among other things con-
sider absorption rates, sales rates, and (13) Control and elimination of mosquitoes
related data of existing and projected and other arthropods of public health im-
schools, racial, ethnic, social, and eco- portance.
nomic balance within the Collier County (14) Waste, waste collection, and disposal.
School District under applicable state and
federal law and the provision of school (15) To enter into impact fee credit agree-
attendance zones to allow students resid- ments with Collier County. Under such "�
ing within a reasonable distance of the agreements,where the district constructs
facilities constructed and financed through or makes contributions for public sys-
the interlocal agreement to attend such tems,facilities,services,projects,improve-
facilities. It is provided, because these ments,works,and infrastructures for which
facilities are funded by assessments and impact fee credits would be available to
not by taxes of any type, that the provi- the landowner developer under the Col-
sion of these facilities may be multiuse Tier County applicable impact fee ordi-
and, consistent with the provisions of this nance, the agreement authorized by this
Act, shall be first liens on the property Act shall provide such impact fee credit
upon a showing of special and peculiar shall inure to the landowners within the
benefits that flow to the applicable prop- district in proportion to assessments or
erty as a logical connection from the sys- other burdens levied and imposed upon
tems, facilities, and services, resulting in the landowners with respect to assessable
added use,enhanced enjoyment,decreased improvements giving rise to such impact
insurance premiums, or enhanced value fee credits, and the district shall from
in marketability so that the legislature time to time execute such instruments,
finds that the provisions of the Florida such as assignments of impact fee credits,
Constitution for free public schools are as may be necessary, appropriate, or de-
implemented and enhanced. sirable to accomplish or to confirm the
foregoing.
(12) Security, including, but not limited to,
guardhouses,fences, and gates,electronic (16) To establish and create, at noticed meet-
intrusion-detection systems, and patrol ings,such government departments of the
cars, when authorized by proper govern- board of supervisors of the district,as well
mental agencies; except that the district as committees,task forces,boards,or com-
may not exercise any powers of a law missions, or other agencies under the su- —�
enforcement agency,but may contract with pervision and control of the district, as
Supp.No. 24 SA262:176
SPECIAL DISTRICTS §262-737
from time to time the members of the levy of any lienable or nonlienable reve-
board of supervisors may deem necessary nue, whether to amortize bonds or not,
or desirable in the performance of the acts within the boundary of a phrased unit
or other things necessary to exercise its other than by the board of supervisors
general or special powers to implement an and pursuant to the powers, procedures,
innovative project to carry out the special and provisions of this Act and other appli-
purpose of the district as provided in this cable laws.
Act and to delegate the exercise of its
powers to such departments,boards,task (18) To plan, establish, acquire, construct, or
forces,committees,or other agencies such reconstruct, enlarge or extend, equip, op-
administrative duties and other powers erate, maintain, finance and fund build-
as the board of supervisors may deem ings and structures for district offices,
necessary or desirable but only if there is maintenance facilities, meeting facilities,
a set of expressed limitations for account- town centers or any other project autho-
ability,notice,and periodic written report- rized or granted by this Act upon a show-
ing to the board of supervisors which shall ing at a noticed meeting of its efficacy to
retain its powers. the specialized single purpose of this dis-
(17) Consistent with stewardship of the rural trict for the new university town commu
lands stewardship area zoning overlay nity in the rural lands stewardship zon
district and so long as not inconsistent ing overlay district.
with the applicable local government corn- (19) To plan, establish, acquire, construct or
prehensive plan and development entitle- reconstruct, enlarge or extend, equip, op-
ments, the district may coordinate with erate, maintain, finance, and fund edi-
the landowner developer and with the fices and facilities for the provision of
university on the phasing of the delivery healthcare, and to include the operation
of infrastructure and may create phase of any one or more of such facilities when
entities or units for its charter purpose. authorized by applicable public or private
Toward this end, and so long as it imple- agencies providing healthcare and upon a
ments the purpose of the district under showing of efficacy to carryout the pur-
this Act, the board of supervisors may pose of the district in the rural lands
designate units of development and adopt stewardship zoning overlay district.
systems of progressive phased develop-
ment by units with related management (20) To enter into an agreement with the Ave
planning, implementation, construction, Maria University, upon a showing of effi-
maintenance, and financing within its cacy in implementing the single special-
phased unit. If the board of supervisors ized purpose of the district in the stew-
proceeds to designate such phased units ardship overlay, for the planning,
of development,it must adopt at a noticed establishment, acquisition, construction
meeting pursuant to F.S. Ch. 120, as or reconstruction, enlarging or extending,
amended from time to time, a rule setting equipping,operating,maintaining,financ-
forth detailed procedures and authoriza- ing, and funding of any innovative sys-
tions for such phase unit processes. A tern,facility,or service constituting a project
committee, department, or agency of the as defined in this Act.
board shall be given express duty of over-
sight with monthly written reports to the (21) To adopt and enforce appropriate rules
board of supervisors.No such phased units following the procedures of F.S. Ch. 120,
can begin or operate until or unless the in connection with the provisions of one or
required noticed rule has been adopted. more its systems, facilities, services,
With regard to any phased unit, there projects,improvements,works, and infra-
shall be no bonded indebtedness and no structure.
Supp.No.24 SA262:177
§262-737 COLLIER COUNTY CODE
(22) The enumeration of special powers herein Sec. 262-739. Short-term borrowing.
shall not be deemed exclusive or restric-
tive, but shall be deemed to incorporate The district at any time may obtain loans, in
all powers express or implied necessary or such amount and on such terms and conditions as
incident to carrying out such enumerated the board may approve, for the purpose of paying
special powers, including also the general any of the expenses of the district or any costs
powers provided by this special act char- incurred or that may be incurred in connection
ter to the district to implement its single with any of the projects of the district, which
loans shall bear interest as the board determines
purpose.
as not to exceed the maximum rate allowed by
(23) The provisions of this section on special general law, and may be payable from and se-
powers shall be construed liberally in cured by a pledge of such funds, revenues, taxes,
order to carry out effectively the single and assessments as the board may determine,
purpose of this district under this Act and subject, however, to the provisions contained in
to secure for the district its ability to be any proceeding under which bonds were thereto-
innovative in and for the rural lands stew- fore issued and are then outstanding. For the
ardship overlay. purpose of defraying such costs and expenses,the
(Laws of Fla. ch. 2004-461, § 4) district may issue negotiable notes, warrants, or
Sec. 262-738. Issuance of bond anticipation other evidences of debt to be payable at such
notes. times, to bear such interest as the board may
determine, not to exceed the maximum rate al-
In addition to the other powers provided for in lowed by general law, and to be sold or discounted
this Act, and not in limitation thereof,the district at such price or prices not less than 95 percent of
shall have the power, at any time, and from time par value and on such terms as the board may
to time after the issuance of any bonds of the deem advisable. The board shall have the right to
district shall have been authorized, to borrow provide for the payment thereof by pledging the
money for the purposes for which such bonds are whole or any part of the funds, revenues, taxes,
to be issued in anticipation of the receipt of the and assessments of the district. The approval of
proceeds of the sale of such bonds and to issue the electors residing in the district shall not be
bond anticipation notes in a principal sum not in necessary except when required by the State
excess of the authorized maximum amount of Constitution.
such bond issue. Such notes shall be in such (Laws of Fla. ch. 2004-461, § 4)
denomination or denominations, bear interest at
such rate as the board may determine not to Sec. 262-740. Bonds.
exceed the maximum rate allowed by general law,
mature at such time or times not later than five (a) Sale of bonds. Bonds may be sold in blocks
years from the date of issuance, and be in such or installments at different times, or an entire
form and executed in such manner as the board issue or series may be sold at one time. Bonds
shall prescribe. Such notes may be sold at either may be sold at public or private sale after such
public or private sale or, if such notes shall be advertisement, if any, as the board may deem
renewal notes, may be exchanged for notes then advisable but not in any event at less than 90
outstanding on such terms as the board shall percent of the par value thereof, together with
determine. Such notes shall be paid from the accrued interest thereon. Bonds may be sold or
proceeds of such bonds when issued. The board exchanged for refunding bonds. Special assess-
may, in its discretion, in lieu of retiring the notes ment and revenue bonds may be delivered by the
by means of bonds, retire them by means of district as payment of the purchase price of any
current revenues or from any taxes or assess- project or part thereof,or a combination of projects
ments levied for the payment of such bonds, but or parts thereof, or as the purchase price or
in such event a like amount of the bonds autho- exchange for any property,real,personal,or mixed,
rized shall not be issued. including franchises or services rendered by any -�
(Laws of Fla. ch. 2004-461, § 4) contractor, engineer, or other person, all at one
Supp.No. 24 SA262:178
SPECIAL DISTRICTS §262-740
time or in blocks from time to time, in such such bonds being authorized, subject to the find-
manner and upon such terms as the board in its ing by the board of a net saving to the district
discretion shall determine. The price or prices for resulting by reason thereof. Such authorizing
any bonds sold, exchanged, or delivered may be: resolution may further provide that such bonds
(1) The money paid for the bonds; may be executed in accordance with the Regis-
tered Public Obligations Act, except that bonds
(2) The principal amount,plus accrued inter- not issued in registered form shall be valid if
est to the date of redemption or exchange, manually countersigned by an officer designated
or outstanding obligations exchanged for by appropriate resolution of the board.The seal of
refunding bonds; and the district may be affixed, lithographed, en-
graved, or otherwise reproduced in facsimile on
(3) In the case of special assessment or reve- such bonds. In case any officer whose signature
nue bonds, the amount of any indebted- shall appear on any bonds or coupons shall cease
ness to contractors or other persons paid to be such officer before the delivery of such
with such bonds, or the fair value of any bonds, such signature or facsimile shall neverthe-
properties exchanged for the bonds, as less be valid and sufficient for all purposes the
determined by the board. same as if he or she had remained in office until
(b) Authorization and form of bonds. Any gen- such delivery.
eral obligation bonds, special assessment bonds, (c) Interim certificates; replacement certifi-
or revenue bonds maybe authorized by resolution cotes. Pending the preparation of definitive bonds,
or resolutions of the board which shall be adopted the board may issue interim certificates or re-
by a majority of all the members thereof then in ceipts or temporary bonds, in such form and with
office. Such resolution or resolutions may be such provisions as the board may determine,
adopted at the same meeting at which they are exchangeable for definitive bonds when such bonds
introduced and need not be published or posted. have been executed and are available for delivery.
The board may, by resolution, authorize the issu- The board may also provide for the replacement of
ance of bonds and fix the aggregate amount of any bonds which become mutilated, lost, or de-
bonds to be issued; the purpose or purposes for stroyed.
which the moneys derived thereform shall be
expended, including, but not limited to, payment (d) Negotiability of bonds. Any bond issued
of costs as defined in subsection 262-727(j); the under this Act or any temporary bond, in the
rate or rates of interest, not to exceed the maxi- absence of an express recital on the face thereof
mum rate allowed by general law; the denomina- that it is nonnegotiable, shall be fully negotiable
tion of the bonds; whether or not the bonds are to and shall be and constitute a negotiable instru-
be issued in one or more series; the date or dates ment within the meaning and for all purposes of
of maturity,which shall not exceed 40 years from the law merchant and the laws of the state.
their respective dates of issuance; the medium of
payment; the place or places within or without (e) Defeasance. The board may make such pro-
the state where payment shall be made; registra- vision with respect to the defeasance of the right,
tion privileges; redemption terms and privileges, title, and interest of the holders of any of the
whether with or without premium;the manner of bonds and obligations of the district in any reve-
execution; the form of the bonds, including any nues, funds, or other properties by which such
interest coupons to be attached thereto; the man- bonds are secured as the board deems appropriate
ner of execution of bonds and coupons; and any and, without limitation on the foregoing, may
and all other terms, covenants, and conditions provide that when such bonds or obligations be-
thereof and the establishment of revenue or other come due and payable or shall have been called
funds. Such authorizing resolution or resolutions for redemption and the whole amount of the
may further provide for the contracts authorized principal and interest and premium, if any, due
by F.S. §§ 159.825(1)(f) and (g), as amended from and payable upon the bonds or obligations then
time to time, regardless of the tax treatment of outstanding shall be held in trust for such pur-
Supp.No. 24 SA262:179
§262-740 COLLIER COUNTY CODE �.
pose and provision shall also be made for paying guishment, impairment, or diminution thereof.
all other sums payable in connection with such The provisions of this Act pertaining to bonds of
bonds or other obligations,then and in such event the district shall, unless the context otherwise
the right, title, and interest of the holders of the requires,govern the issuance of refunding bonds,
bonds in any revenues, funds, or other properties the form and other details thereof, the rights of
by which such bonds are secured shall thereupon the holders thereof, and the duties of the board
cease,terminate, and become void; and the board with respect to them.
may apply any surplus in any sinking fund estab-
lished in connection with such bonds or obliga- (h) Revenue bonds.
tions and all balances remaining in all other
funds or accounts other than moneys held for the (1) The district shall have the power to issue
redemption or payment of the bonds or other revenue bonds from time to time without
obligations to any lawful purpose of the district as limitation as to amount. Such revenue
the board shall determine. bonds may be secured by,or payable from,
the gross or net pledge of the revenues to
(f) Issuance of additional bonds. If the pro- be derived from any project or combina-
ceeds of any bonds are less than the cost of tion of projects; from the rates, fees, or
completing the project in connection with which other charges to be collected from the
such bonds were issued, the board may authorize users of any project or projects; from any
the issuance of additional bonds,upon such terms revenue-producing undertaking or activ-
and conditions as the board may provide in the ity of the district; from special assess-
resolution authorizing the issuance thereof, but ments; or from benefit special assess-
only in compliance with the resolution or other ments;or from any other source or pledged
proceedings authorizing the issuance of the orig- security. Such bonds shall not constitute "�
inal bonds. an indebtedness of the district, and the
approval of the qualified electors shall not
(g) Refunding bonds. The district shall have be required unless such bonds are addi-
the power to issue bonds to provide for the retire- tionally secured by the full faith and credit
ment or refunding of any bonds or obligations of and taxing power of the district.
the district that at the time of such issuance are
or subsequent thereto become due and payable,or (2) Any two or more projects may be com-
that at the time of issuance have been called or bined and consolidated into a single project
are or will be subject to call for redemption within and may hereafter be operated and main-
ten years thereafter, or the surrender of which tained as a single project. The revenue
can be procured from the holders thereof at prices bonds authorized herein may be issued to
satisfactory to the board.Refunding bonds may be finance any one or more of such projects,
issued at any time when in the judgment of the regardless of whether or not such projects
board such issuance will be advantageous to the have been combined and consolidated into
district. No approval of the qualified electors a single project. If the board deems it
residing in the district shall be required for the advisable,the proceedings authorizing such
issuance of refunding bonds except in cases in revenue bonds may provide that the dis-
which such approval is required by the State trict may thereafter combine the projects
Constitution. The board may by resolution confer then being financed or theretofore fi-
upon the holders of such refunding bonds all nanced with other projects to be subse-
rights, powers, and remedies to which the holders quently financed by the district and that
would be entitled if they continued to be the revenue bonds to be thereafter issued by
owners and had possession of the bonds for the the district shall be on parity with the
refinancing of which such refunding bonds are revenue bonds then being issued, all on
issued, including, but not limited to, the preser- such terms,conditions, and limitations as
vation of the lien of such bonds on the revenues of shall have been provided in the proceed- ---...,1/4
any project or on pledged funds, without extin- ing which authorized the original bonds.
Supp.No. 24 SA262:180
SPECIAL DISTRICTS §262-740
(1) General obligation bonds. defeat the approval of bonds for any cap-
ital project which has been approved by
(1) Subject to the limitations of this charter, the electors.
the district shall have the power from
time to time to issue general obligation (4) In arriving at the amount of general obli-
bonds to finance or refinance capital gation bonds permitted to be outstanding
projects or to refund outstanding bonds in at any one time pursuant to subsection
an aggregate principal amount of bonds (1), above,there shall not be included any
outstanding at any one time not in excess general obligation bonds which are addi-
of 35 percent of the assessed value of the tionally secured by the pledge of:
taxable property within the district as a. Any assessments levied in an amount
shown on the pertinent tax records at the sufficient to pay the principal and
time of the authorization of the general interest on the general obligation
obligation bonds for which the full faith bonds so additionally secured,which
and credit of the district is pledged. Ex- assessments have been equalized and
cept for refunding bonds, no general obli- confirmed by resolution of the board
gation bonds shall be issued unless the pursuant to this Act or F.S. § 170.08.
bonds are issued to finance or refinance a
capital project and the issuance has been b. Water revenues, sewer revenues, or
approved at an election held in accor- water and sewer revenues of the
dance with the requirements for such district to be derived from user fees
election as prescribed by the State Con- in an amount sufficient to pay the
stitution. Such elections shall be called to principal and interest on the general
be held in the district by the board of obligation bonds so additionally se-
county commissioners of the county upon cured.
the request of the board of the district.
The expenses of calling and holding an c. Any combination of assessments and
election shall be at the expense of the revenues described in subsections a.
district, and the district shall reimburse and b., above.
the county for any expenses incurred in (j) Bonds as legal investment or security.
calling or holding such election.
(1) Notwithstanding any provisions of any
(2) The district may pledge its full faith and other law to the contrary,all bonds issued
credit for the payment of the principal under the provisions of this Act shall
and interest on such general obligation constitute legal investments for savings
bonds and for any reserve funds provided banks, banks,trust companies,insurance
therefore and may unconditionally and companies, executors, administrators,
irrevocably pledge itself to levy ad valo- trustees, guardians, and other fiduciaries
rem taxes on all taxable property in the and for any board, body, agency, instru-
district, to the extent necessary for the mentality, county, municipality, or other
payment thereof, without limitations as political subdivision of the state and shall
to rate or amount. be and constitute security which may be
deposited by banks or trust companies as
(3) If the board determines to issue general security for deposits of state, county, mu-
obligation bonds for more than one capital nicipal, or other public funds or by insur-
project,the approval of the issuance of the ance companies as required or voluntary
bonds for each and all such projects may statutory deposits.
be submitted to the electors on one and
the same ballot.The failure of the electors (2) Any bonds issued by the district shall be
to approve the issuance of bonds for any incontestable in the hands of bona fide
one or more capital projects shall not purchasers or holders for value and shall
Supp.No.24 SA262:181
§262-740 COLLIER COUNTY CODE _ .
not be invalid because of any irregularity agency, or instrumentality thereof; however, any
or defect in the proceedings for the issue interest, income, or profits on debt obligations
and sale thereof. issued hereunder are not exempt from the tax
imposed by F.S. Ch. 220. Further, the district is
(k) Covenants. Any resolution authorizing the not exempt from the provisions of F.S. Ch. 212.
issuance of bonds may contain such covenants as
the board may deem advisable, and all such (n) Application of F.S. § 189.4085. Bonds is-
covenants shall constitute valid and legally bind- sued by the district shall meet on the criteria set
ing and enforceable contracts between the district forth in F.S. § 189.4085, as amended from time to
and the bondholders, regardless of the time of time.
issuance thereof. Such covenants may include, (o) Act furnishes full authority for issuance of
without limitation, covenants concerning the dis bonds. This Act constitutes full and complete
position of the bond proceeds; the use and dispo authority for the issuance of bonds and the exer-
sition of project revenues; the pledging of reve cise of the powers of the district provided herein.
nues, taxes, and assessments; the obligations of No procedures or proceedings, publications, no-
the district with respect to the operation of the approvals, orders, acts, or things
project and the maintenance of adequate project tices, consents, g
revenues; the issuance of additional bonds; the by the board, or any board, officer, commission,
appointment, powers, and duties of trustees and department, agency, or instrumentality of the
receivers; the acquisition of outstanding bonds district, other than those required by this Act,
and obligations;restrictions on the establishing of shall be required to perform anything under this
competing projects or facilities;restrictions on the Act, except that the issuance or sale of bonds
sale or disposal of the assets and property of the pursuant to the provisions of this Act shall comply
district; the priority of assessment liens; the pri- with the general law requirements applicable to .�
the issuance or sale of bonds by the district.
ority of claims by bondholders on the taxing
power of the district;the maintenance of deposits Nothing in this Act shall be construed to autho
to ensure the payment of revenues by users of rize the district to utilize bond proceeds to fund
district facilities and services; the discontinuance the ongoing operations of the district.
of district services by reason of delinquent pay- (p) Pledge by the state to the bondholders of the
ments;acceleration upon default;the execution of district. The state pledges to the holders of any
necessary instruments; the procedure for amend- bonds issued under this Act that it will not limit
ing or abrogating covenants with the bondhold- or alter the rights of the district to own, acquire,
ers; and such other covenants as may be deemed construct, reconstruct, improve, maintain, oper-
necessary or desirable for the security of the ate, or furnish the projects or to levy and collect
bondholders. the taxes, assessments, rentals, rates, fees, and
other charges provided for herein and to fulfill the
(1) Validation proceedings. The power of the terms of any agreement made with the holders of
district to issue bonds under the provisions of this such bonds or other obligations and that it will
Act may be determined, and any of the bonds of not in any way impair the rights or remedies of
the district maturing over a period of more than such holders.
five years shall be validated and confirmed, by
court decree, under the provisions of F.S. Ch. 75, (q) Default. A default on the bonds or obliga-
and laws amendatory thereof or supplementary tions of a district shall not constitute a debt or
thereto. obligation of the state or any general purpose
local government or the state.
(m) Tax exemption. To the extent allowed by (Laws of Fla. ch. 2004-461, § 4)
general law, all bonds issued hereunder and in-
terest paid thereon and all fees, charges, and Sec. 262-741. Trust agreements.
other revenues derived by the district from the
projects provided by this Act are exempt from all Any issue of bonds shall be secured by a trust -�
taxes by the state or by any political subdivision, agreement by and between the district and a
Supp.No. 24 SA262:182
SPECIAL DISTRICTS §262-742
corporate trustee or trustees, which may be any provements; to pay the principal of, and interest
trust company or bank having the powers of a on, any general obligation bonds of the district;
trust company within or without the state. The and to provide for any sinking or other funds
resolution authorizing the issuance of the bonds established in connection with any such bonds.
or such trust agreement may pledge the revenues An ad valorem tax levied by the board for operat-
to be received from any projects of the district and ing purposes, exclusive of debt service on bonds,
may contain such provisions for protecting and shall not exceed three mills. The ad valorem tax
enforcing the rights and remedies of the bondhold- provided for herein shall be in addition to county
ers as the board may approve, including,without and all other ad valorem taxes provided for by
limitation, covenants setting forth the duties of law. Such tax shall be assessed, levied, and col-
the district in relation to: the acquisition, con- lected in the same manner and same time as
struction, reconstruction, improvement, mainte- county taxes. The levy of ad valorem taxes shall
nance, repair, operation, and insurance of any be approved by referendum when required by the
projects; the fixing and revising of the rates,fees, State Constitution.
and charges; and the custody, safeguarding, and
application of all moneys and for the employment (b) Benefit special assessments. The board an-
of consulting engineers in connection with such nually shall determine,order,and levy the annual
acquisition,construction,reconstruction,improve- installment of the total benefit special assess-
ment, maintenance, repair, or operation. It shall ments for bonds issued and related expenses to
be lawful for any bank or trust company within or finance assessable improvements. These assess-
without the state which may act as a depository of ments may be due and collected during each year
the proceeds of bonds or of revenues to furnish that county taxes are due and collected, in which
such indemnifying bonds or to pledge such secu case such annual installment and levy shall be
rities as may be required by the district. Such evidenced to and certified to the property ap-
resolution or trust agreement may set forth the praiser by the board not later than August 31 of
�-- rights and remedies of the bondholders and of the
trustee, if any, and may restrict the individual each year. Such assessment shall be entered by
right of action by bondholders. The board may the property appraiser on the county tax rolls and
provide for the payment of proceeds of the sale of shall be collected and enforced by the tax collector
the bonds and the revenues of any project to such in the same manner and at the same time as
officer, board, or depository as it may designate county taxes, and the proceeds thereof shall be
for the custody thereof and may provide for the paid to the district.However,this subsection shall
method of disbursement thereof with such safe- not prohibit the district in its discretion from
guards and restrictions as it may determine. All using the method prescribed in either F.S.
expenses incurred in carrying out the provisions § 197.3632 or F.S. Ch. 173, as each may be
of such resolution or trust agreement may be amended from time to time, for collecting and
treated as part of the cost of operation of the enforcing these assessments.Each annual install-
ment of benefit special assessments shall be a lien
project to which such trust agreement pertains. on the property against which assessed until paid
(Laws of Fla. ch. 2004-461, § 4) and shall be enforceable in like manner as county
taxes. The amount of the assessment for the
Sec. 262-742. Ad valorem taxes;assessments, exercise of the district's powers under sections
benefit special assessments, 262-736 and 262-737, shall be determined by the
maintenance special assess- board based upon a report of the district's engi-
ments,and special assessments; neer and assessed by the board upon such lands,
maintenance taxes. which may be part or all of the lands within the
district benefited by the improvement, appor-
(a) Ad valorem taxes. An elected board shall tioned between benefited lands in proportion to
have the power to levy and assess an ad valorem the benefits received by each tract of land. The
tax on all the taxable property in the district to board may, if it determines it is in the best
construct, operate, and maintain assessable im- interests of the district, set forth in the proceed-
Supp.No. 24 SA262:183
§262-742 COLLIER COUNTY CODE —'�
ings initially levying such benefit special assess- time as county ad valorem taxes,and the proceeds
ments or in subsequent proceedings a formula for therefrom shall be paid to the district.This non-ad
the determination of an amount,which when paid valorem maintenance tax shall be a lien until
by a taxpayer with respect to any tax parcel,shall paid on the property against which assessed and
constitute a prepayment of all future annual enforceable in like manner and of the same dig-
installments of such benefit special assessments nity as county ad valorem taxes.
and that the payment of which amount with
respect to such tax parcel shall relieve and dis (d) Maintenance special assessments. To main-
charge such tax parcel of the lien of such benefit tain and preserve the facilities and projects of the
special assessments and any subsequent annual district, the board may levy a maintenance spe-
installment thereof. The board may provide fur-
denced assessment. This assessment may be evi-
ther that upon delinquency in the payment of any dented to and certified to the property appraiser
annual installment of benefit special assess- by the board of supervisors not later than August
ments, the prepayment amount of all future an 31 of each year and shall be entered by the
nual installments of benefit special assessments property appraiser on the county tax rolls and
as determined in the preceding sentence shall be shall be collected and enforced by the tax collector
and become immediately due and payable to- county taxes, and the proceeds therefrom shall be
in the same manner and at the same time as
gether with such delinquent annual installment.
paid to the district.However,this subsection shall
not prohibit the district in its discretion from
(c) Non-ad valorem maintenance taxes. If and using the method prescribed in either F.S.
when authorized by general law, to maintain and §§ 197.363, 197.3631, or 197.3632, as any one or
to preserve the physical facilities and services more may be amended from time to time, for
constituting the works, improvements, or infra- collecting and enforcing these assessments.These "—,,,,,
structure provided by the district pursuant to this maintenance special assessments shall be a lien
Act, to repair and restore any one or more of on the property against which assessed until paid
them, when needed, and to defray the current and shall be enforceable in like manner as county
expenses of the district, including any sum which taxes. The amount of the maintenance special
may be required to pay state and county ad assessment for the exercise of the district's pow-
valorem taxes on any lands which may have been ers under this section shall be determined by the
purchased and which are held by the district board based upon a report of the district's engi-
under the provisions of this Act, the board of neer and assessed by the board upon such lands,
supervisors may, upon the completion of said which may be all of the lands within the district
systems, facilities, services, works, improve- benefited by the maintenance thereof, appor-
ments, or infrastructure, in whole or in part, as tioned between the benefited lands in proportion
may be certified to the board by the engineer of to the benefits received by each tract of land.
the board, levy annually a non-ad valorem and
non-millage tax upon each tract or parcel of land (e) Special assessments. To levy and impose
within the district, to be known as a "mainte- any special assessments pursuant to section 262-
nance tax."This non-ad valorem maintenance tax 743.
shall be apportioned upon the basis of the net
assessments of benefits assessed as accruing from (f) Enforcement of taxes. The collection and
the original construction and shall be evidence to, enforcement of all taxes levied by the district
and certified by, the board of supervisors of the shall be at the same time and in like manner as
district not later than June 1 of each year to the county taxes, and the provisions of the Florida
property appraiser of Collier County and shall be Statutes relating to the sale of lands for unpaid
extended by the property appraiser on the tax roll and delinquent county taxes; the issuance, sale,
of the property appraiser, as certified by the and delivery of tax certificates for such unpaid
property appraiser to the tax collector, and col- and delinquent county taxes; the redemption
lected by the tax collector on the merged collection thereof; the issuance to individuals of tax deeds
roll of the tax collector in the same manner and based thereon; and all other procedures in con-
Supp. No. 24 SA262:184
SPECIAL DISTRICTS §262-743
nection therewith shall be applicable to the dis- time to time, shall constitute a lien or encum-
trict to the same extent as if such statutory brance on the underlying fee interest of such
provisions were expressly set forth herein. All governmental entity.
taxes shall be subject to the same discounts as (Laws of Fla. ch. 2004-461, § 4)
county taxes.
Sec. 262-743. Special assessments.
(g) When unpaid tax is delinquent;penalty. All
taxes provided for in this Act shall become delin- (a) As an alternative method to the levy and
quent and bear penalties on the amount of such imposition of special assessments pursuant to
taxes in the same manner as county taxes. F.S. Ch. 170, as amended from time to time,
pursuant to the authority of F.S. § 197.3631, as
(h) Status of assessments. Benefit special as- amended from time to time, or pursuant to other
sessments,maintenance special assessments,and provisions of general law, now or hereinafter
special assessments are hereby found and deter- enacted, which provide a supplemental means or
mined to be non-ad valorem assessments as de- authority to impose, levy, and collect special as-
fined by F.S. § 197.3632. Maintenance taxes are sessments as otherwise authorized under this
non-ad valorem taxes and are not special assess- Act, the board may levy and impose special as-
ments. sessments to finance the exercise of any of its
powers permitted under this Act using the follow-
(i) Assessments constitute liens;collection. Any ing uniform procedures:
and all assessments including special assess (1) At a noticed meeting consider and review
ments, benefit special assessments and mainte-
nance special assessments authorized by this an engineers report on the costs of the
section, and including special assessments as systems, facilities, and services to be pro
defined by section 262-727 paragraph (aa), and vided, a preliminary assessment method
ology, and a preliminary roll based on
�� granted and authorized by this subsection, and
including maintenance taxes if authorized by acreage or platted lands, depending upon
general law,shall constitute a lien on the property whether platting has occurred.
against which assessed from the date of levy and (2) The assessment methodology shall ad-
imposition thereof until paid, coequal with the dress and discuss and the board shall
lien of state, county, municipal, and school board consider whether the systems, facilities,
taxes. These assessments may be collected, at the and services being contemplated will re-
district's discretion, under authority of F.S. sult in special benefits peculiar to the
§ 197.3631, as amended from time to time,by the property, different in kind and degree
tax collector pursuant to the provisions of F.S. than general benefits, as a logical connec-
§§ 197.3632 and 197.3635, as amended from time tion between the systems, facilities, and
to time, or in accordance with other collection services themselves and the property,and
measures provided by law. In addition to, and not whether the duty to pay the assessments
in limitation of any powers otherwise set forth by the property owners is apportioned in a
herein or in general law, these assessments may manner that is fair and equitable and not
also be enforced pursuant to the provisions of F.S. in excess of the special benefit received. It
Ch. 173, as amended from time to time. shall be fair and equitable to designate a
fixed proportion of the annual debt ser-
(j) Land owned by governmental entity. Except vice, together with interest thereon, on
as otherwise provided by law, no levy of ad valo- the aggregate principal amount of bonds
rem taxes or non-ad valorem assessments under issued to finance such systems, facilities,
this Act or F.S. Chs. 170 or 197, as each may be and services which give rise to unique,
amended from time to time, or otherwise, by a special, and peculiar benefits to property
board of a district, on property of a governmental of the same or similar characteristics un-
entity that is subject to a ground lease as de- der the assessment methodology so long
scribed in F.S. § 190.003(13), as amended from as such fixed proportion does not exceed
Supp. No. 24 SA262:185
§262-743 COLLIER COUNTY CODE
the unique, special, and peculiar benefits stituting such assessable improvements,
enjoyed by such property from such sys- the information in the engineer's cost re-
tems, facilities, and services. port, the information in the assessment
(3) The engineer's cost report shall identify methodology as determined by the board
the nature of the proposed systems, facil at the noticed meeting and referencing
ities, and services, their location, a cost and incorporating as part of the resolu-
breakdown plus a total estimated cost, tion the engineer's cost report,the prelim
including cost of construction or recon inary assessment methodology, and the
struction,labor,and materials,lands,prop preliminary assessment roll as referenced
erty,rights,easements,franchises,or sys- exhibits to the resolution by reference; if
tems,facilities,and services to be acquired, the board determines to declare and levy
cost of plans and specifications,surveys of the special assessments by the initial as-
estimates of costs and revenues, cost of sessment resolution, the board shall also
engineering, legal and other professional adopt and declare a notice resolution which
consultation services, and other expenses shall provide and cause the initial assess-
or costs necessary or incident to determin- ment resolution to be published once a
ing the feasibility or practicability of such week for a period of two weeks in a
construction, reconstruction, or acquisi- newspaper of general circulation pub-
tion, administrative expenses, relation- lished in Collier County and said board
ship to the authority and power of the shall by the same resolution fix a time
district in its charter, and such other and place at which the owner or owners of
expense or costs as may be necessary or the property to be assessed or any other
incident to the financing to be authorized persons interested therein may appear ---.„
by the board of supervisors. before said board and be heard as to the
(4) The preliminary assessment roll to be propriety and advisability of making such
improvements, as to the costs thereof, as
prepared will be in accordance with the
method of assessment provided for in the to the manner of payment therefore, and
assessment methodology and as may be as to the amount thereof to be assessed
adopted by the board of supervisors; the against each property so improved.Thirty
assessment roll shall be completed as days' notice in writing of such time and
place shall be given to such property own-
promptly as possible and shall show the
acreage,lots,lands, or plats assessed and ers. The notice shall include the amount
the amount of the fairly and reasonably of the assessment and shall be served by
apportioned assessment based on special mailing a copy to each assessed property
and peculiar benefit to the property, lot, owner at his or her last known address,
the names and addresses of such property
parcel, or acreage of land and, if the
assessment against each such lot, parcel, owners to be obtained from the record of
acreage, or portion of land is to be paid in the property appraiser of the county po-
installments, the number of annual in litical subdivision where the land is to
stallments in which the assessment is cated or from such other sources as the
divided shall be entered into and shown district manager or engineer deems reli-
upon the assessment roll. able, and proof of such mailing shall be
made by the affidavit of the manager of
(5) The board of supervisors of the district the district or by the engineer, said proof
may determine and declare by an initial to be filed with the district manager, pro-
assessment resolution to levy and assess vided that failure to mail said notice or
the assessments with respect to assess- notices shall not invalidate any of the
able improvements stating the nature of proceedings hereunder. It is provided fur-
the systems, facilities, and services, im- ther that the last publication shall be at ---..,
provements,projects,or infrastructure con- least one week prior to the date of the
Supp.No.24 SA262:186
SPECIAL DISTRICTS §262-743
hearing on the final assessment resolu- sors shall meet as an equalizing board to
tion. Said notice shall describe the gen- hear and to consider any and all corn-
eral areas to be improved and advise all plaints as to the particular assessments
person interested that the description of and shall adjust and equalize the assess-
each property to be assessed and the ments on the basis of justice and right.
amount to be assessed to each piece, par-
cel, lot, or acre of property may be ascer- (7) When so equalized and approved by reso-
tained at the office of the manager of the lution or ordinance by the board of super-
district. Such service by publication shall visors, to be called the final assessment
be verified by the affidavit of the pub- resolution,a final assessment roll shall be
lisher and filed with the manager of the filed with the clerk of the board and such
district. Moreover, the initial assessment assessment shall stand confirmed and re-
resolution with its attached, referenced, main legal, valid, and binding first liens
and incorporated engineer's cost report, on the property against which such assess-
preliminary assessment methodology,and ments are made until paid, equal in dig-
preliminary assessment roll, along with nity to the first liens of ad valorem taxa-
the notice resolution, shall be available tion of county governments and school
for public inspection at the office of the boards; however, upon completion of the
manager and the office of the engineer or
any other office designated by the board of systems, facilities, service, project, im
supervisors in the notice resolution. Not- provement, works, or infrastructure, the
withstanding the foregoing, the landown- district shall credit to each of the assess-
ers of all of the property which is proposed ments the difference in the assessment as
to be assessed may give the district writ- originally made, approved, levied, as-
ten notice of waiver of any notice and sessed,and confirmed and the proportion-
publication provided for in this subpara- ate part of the actual cost of the improve-
graph and such notice and publication ment to be paid by the particular special
shall not be required; provided, however, assessments as finally determined upon
that any meeting of the board of supervi- the completion of the improvement,but in
sors to consider such resolution shall be a no event shall the final assessment ex-
publicly noticed meeting. ceed the amount of the special and pecu-
(6) At the time and place named in the no liar benefits as apportioned fairly and
no-
ticed resolution as provided for in subpara reasonably to the property from the sys-
graph (5), the board of supervisors of the tem, facility, or service being provided as
district shall meet and hear testimony originally assessed. Promptly after such
from affected property owners as to the confirmation, the assessment shall be re
propriety and advisability of making the corded by the clerk of the district in the
systems,facilities,services,projects,works, minutes of the proceedings of the district
improvements,or infrastructure and fund- and the record of the lien in this set of
ing them with assessments referenced in minutes shall constitute prima facie evi-
the initial assessment resolution on the dence of its validity. The board of super-
property.Following the testimony and ques- visors, in its sole discretion, may, by res-
tions from the members of the board or olution grant a discount equal to all or a
any professional advisors to the district of part of the payee's proportionate share of
the preparers of the engineer's cost re- the cost of the project consisting of bond
port, the assessment methodology, and financing cost, such as capitalized inter-
the assessment roll, the board of supervi- est, funded reserves, and bond discounts
sors shall make a final decision on whether included in the estimated cost of the project,
to levy and assess the particular assess- upon payment in full of any assessments
ments. Thereafter, the board of supervi- during such period prior to the time such
Supp. No.24 SA262:187
§262-743 COLLIER COUNTY CODE
financing costs are incurred as may be mine the form, manner of execution, and other
specified by the board of supervisors in details of such certificates. The certificates shall
such resolution. recite that they are payable only from the special
(8) District assessments may be made pay- assessments levied and collected from the part or
able in installments over no more than 30 parcel of land or property against which they are
issued. The proceeds of such certificates may be
years from the date of the payment of the
first installment thereof and may bear pledged for the payment of principal of and inter-
interest at fixed or variable rates. est on any revenue bonds or general obligation
bonds issued to finance in whole or in part such
(b) Notwithstanding any provision of this Act assessable improvement, or, if not so pledged,
or F.S. Ch. 170 or F.S. § 170.09, as amended from may be used to pay the cost or part of the cost of
time to time,which provide that assessments may such assessable improvements.
be paid without interest at any time within 30
days after the improvement is completed and a (b) The district may also issue assessment
resolution accepting the same has been adopted bonds, revenue bonds, or other obligations pay-
by the governing authority,shall not be applicable able from a special fund into which such certifi-
to any district assessments, whether imposed, cates of indebtedness referred to in the preceding
levied, and collected pursuant to the provisions of subsection may be deposited or, if such certifi-
this Act or other provisions of Florida law,includ- cates of indebtedness have not been issued, the
ing, but not limited to, F.S. Ch. 170. district may assign to such special fund for the
(c) In addition, the district is authorized ex- benefit of the holders of such assessment bonds or
pressly in the exercise of its rulemaking power to other obligations, or to a trustee for such bond
holders, the assessment liens provided for in this
promulgate a rule or rules which provides or --�
provide for notice, levy, imposition, equalization, Act unless such certificates of indebtedness or
and collection of assessments. assessment liens have been theretofore pledged
(Laws of Fla. ch. 2004-461, § 4) for any bonds or other obligations authorized
hereunder. In the event of the creation of such
Sec. 262-744. Issuance of certificates of in- special fund and the issuance of such assessment
debtedness based on assess- bonds or other obligations, the proceeds of such
ments for assessable improve- certificates of indebtedness or assessment liens
ments; assessment bonds. deposited therein shall be used only for the pay-
ment of the assessment bonds or other obligations
(a) The board may, after any special assess- issued as provided in this section. The district is
ments or benefit special assessments for assess- authorized to covenant with the holders of such
able improvements are made, determined, and assessment bonds, revenue bonds, or other obli-
confirmed as provided in this Act, issue certifi- gations that it will diligently and faithfully en-
cates of indebtedness for the amount so assessed force and collect all the special assessments, and
against the abutting property or property other- interest and penalties thereon, for which such
wise benefited, as the case may be, and separate certificates of indebtedness or assessment liens
certificates shall be issued against each part or have been deposited in or assigned to such fund;
parcel of land or property assessed, which certif- to foreclose such assessment liens so assigned to
icates shall state the general nature of the im- such special fund or represented by the certifi-
provement for which the assessment is made.The cates of indebtedness deposited in the special
certificates shall be payable in annual install- fund, after such assessment liens have become
ments in accordance with the installments of the delinquent, and deposit the proceeds derived from
special assessment for which they are issued. The such foreclosure,including interest and penalties,
board may determine the interest to be borne by in such special fund; and to make any other
such certificates,not to exceed the maximum rate covenants deemed necessary or advisable in order
allowed by general law, and may sell such certif- to properly secure the holders of such assessment --�
icates at either private or public sale and deter- bonds or other obligations.
Supp.No.24 SA262:188
SPECIAL DISTRICTS §262-746
(c) The assessment bonds, revenue bonds, or been made. In addition to, and not in limitation
other obligations issued pursuant to this section of, the preceding sentence, for purposes of F.S.
shall have such dates of issue and maturity as § 197.552, as amended from time to time,the lien
shall be deemed advisable by the board; however, of all special assessments levied by the district
the maturities of such assessment bonds or other shall constitute a lien of record held by a munic-
obligations shall not be more than two years after ipal or county governmental unit. The provisions
the due date of the last installment which will be of F.S. §§ 194.171, 197.122, 197.333, and 197.432,
payable on any of the special assessments for as each may be amended from time to time, shall
which such assessment liens,or the certificates of be applicable to district taxes with the same force
indebtedness representing such assessment liens, and effect as if such provisions were expressly set
are assigned to or deposited in such special fund. forth in this Act.
(Laws of Fla. ch. 2004-461, § 4)
(d) Such assessment bonds, revenue bonds, or
other obligations issued under this section shall
bear such interest as the board may determine, Sec. 262-746. Payment of taxes and redemp-
not to exceed the maximum rate allowed by tion of tax liens by the district;
general law, and shall be executed, shall have sharing in proceeds of tax sale.
such provisions for redemption prior to maturity,
shall be sold in the manner, and shall be subject (a) The district shall have the power and right
to all of the applicable provisions contained in this to:
Act for revenue bonds,except as the same may be (1) Pay any delinquent state,county, district,
inconsistent with the provisions of this section. municipal, or other tax or assessment
(e) All assessment bonds, revenue bonds, or upon lands located wholly or partially
other obligations issued under the provisions of within the boundaries of the district; and
this section shall be, shall constitute, and shall (2) Redeem or purchase any tax sales certif-
have all the qualities and incidents of negotiable icates issued or sold on account of any
instruments under the law merchant and the state, county, district, municipal, or other
laws of the state. taxes or assessments upon lands located
(Laws of Fla. ch. 2004-461, § 4) wholly or partially within the boundaries
of the district.
Sec. 262-745. Tax liens.
(b) Delinquent taxes paid, or tax sales certifi-
All taxes of the district provided for in this Act, cates redeemed or purchased, by the district,
except together with all penalties for default in together with all penalties for the default in
the payment of the same and all costs in collecting payment of the same and all costs in collecting the
the same, including a reasonable attorney's fee same and a reasonable attorney's fee, shall con-
fixed by the court and taxed as a cost in the action stitute a lien in favor of the district of equal
brought to enforce payment, shall, from January dignity with the liens of state and county taxes
1 for each year the property is liable to assess- and other taxes of equal dignity with state and
ment and until paid, constitute a lien of equal county taxes upon all the real property against
dignity with the liens for state and county taxes which the taxes were levied. The lien of the
and other taxes of equal dignity with state and district may be foreclosed in the manner provided
county taxes upon all the lands against which in this Act.
such taxes shall be levied.A sale of any of the real
property within the district for state and county (c) In any sale of land pursuant to F.S.§197.542,
or other taxes shall not operate to relieve or as may be amended from time to time,the district
release the property so sold from the lien for may certify to the clerk of the circuit court of the
subsequent district taxes or installments of dis- county holding such sale the amount of taxes due
trict taxes, which lien may be enforced against to the district upon the lands sought to be sold,
such property as though no such sale thereof had and the district shall share in the disbursement of
Supp. No.24 SA262:189
§262-746 COLLIER COUNTY CODE --,,,,,
the sales proceeds in accordance with the provi- public building, structure, or other public works
sions of this Act and under the laws of the state. shall comply with the bidding procedures of F.S.
(Laws of Fla. ch. 2004-461, § 4) §255.20,as amended from time to time,and other
applicable general law.In each case,the bid of the
Sec. 262-747. Foreclosure of liens. lowest responsive and responsible bidder shall be
accepted unless all bids are rejected because the
Any lien in favor of the district arising under bids are too high, or the board determines it is in
this Act may be foreclosed by the district by the best interests of the district to reject all bids.
foreclosure proceedings in the name of the district The board may require the bidders to furnish
in a court of competent jurisdiction as provided by bond with a responsible surety to be approved by
general law in like manner as is provided in F.S. the board. Nothing in this section shall prevent
Ch. 173, and amendments thereto and the provi- the board from undertaking and performing the
sions of that chapter shall be applicable to such construction, operation, and maintenance of any
proceedings with the same force and effect as if project or facility authorized by this Act by the
those provisions were expressly set forth in this employment of labor, material, and machinery.
Act.Any act required or authorized to be done by
or on behalf of a municipality in foreclosure (b) The provisions of the Consultants' Compet-
proceedings under F.S. Ch. 173, may be per- itive Negotiation Act, F.S. § 287.055, as amended
formed by such officer or agent of the district as from time to time, apply to contracts for engineer-
the board of supervisors may designate. Such ing, architecture, landscape architecture, or reg-
foreclosure proceedings may be brought at any istered surveying and mapping services let by the
time after the expiration of one year from the date board.
any tax, or installment thereof, becomes delin-
quent;however,no lien shall be foreclosed against (c) Contracts for maintenance services for any --...„
any political subdivision or agency of the state. district facility or project shall be subject to com-
Other legal remedies shall remain available. petitive bidding requirements when the amount
(Laws of Fla. ch. 2004-461, § 4) thereof to be paid by the district exceeds the
amount provided in F.S. § 287.017, as amended
Sec. 262-748. Mandatory use of certain dis- from time to time, for category four. The district
trict systems,facilities,and ser- shall adopt rules, policies, or procedures estab-
lishing competitive bidding procedures for main-
vices. tenance services.Contracts for other services shall
To the full extent permitted by law,the district not be subject to competitive bidding unless the
shall require all lands, buildings, premises, per- district adopts a rule, policy, or procedure apply-
sons,firms,and corporations within the district to ing competitive bidding procedures to said con-
use the water management and control facilities tracts.
and water and sewer facilities of the district. (Laws of Fla. ch. 2004-461, § 4)
(Laws of Fla. ch. 2004-461, § 4)
Sec. 262-750. Fees,rentals,and charges;pro-
Sec. 262-749. Competitive procurement; cedure for adoption and mod-
bids;negotiations;related pro- ifications; minimum revenue
visions required. requirements.
(a) No contract shall be let by the board for any (a) The district is authorized to prescribe, fix,
goods, supplies, or materials to be purchased establish, and collect rates, fees, rentals, or other
when the amount thereof to be paid by the district charges, hereinafter sometimes referred to as
shall exceed the amount provided in F.S.§287.017, "revenues," and to revise the same from time to
as amended from time to time, for category four, time, for the systems, facilities, and services fur-
unless notice of bids shall be advertised once in a nished by the district, within the limits of the
newspaper in general circulation in Collier County. district,including,but not limited to,recreational --�
Any board seeking to construct or improve a facilities, water management and control facili-
Supp. No.24 SA262:190
SPECIAL DISTRICTS §262-752
ties, and water and sewer systems; to recover the (d) The rates, fees, rentals, or other charges
costs of making connection with any district ser- prescribed shall be such as will produce revenues,
vice,facility, or system; and to provide for reason- together with any other assessments, taxes, rev-
able penalties against any user or property for enues, or funds available or pledged for such
any such rates,fees,rentals,or other charges that purpose, at least sufficient to provide for the
are delinquent. items hereinafter listed,but not necessarily in the
order stated:
(b) No such rates,fees,rentals,or other charges (1) To provide for all expenses of operation
for any of the facilities or services of the district and maintenance of such facility or ser-
shall be fixed until after a public hearing at which vice;
all the users of the proposed facility or services or
owners, tenants, or occupants served or to be (2) To pay when due all bonds and interest
served thereby and all other interested persons thereon for the payment of which such
shall have an opportunity to be heard concerning revenues are, or shall have been, pledged
or encumbered,including reserves for such
the proposed rates,fees,rentals,or other charges.
Purpose; and
Rates, fees, rentals, and other charges shall be
adopted under the administrative rulemaking au- (3) To provide for any other funds which may
thority of the district, but shall not apply to be required under the resolution or reso-
district leases. Notice of such public hearing set- lutions authorizing the issuance of bonds
ting forth the proposed schedule or schedules of pursuant to this Act.
rates, fees, rentals, and other charges shall have (e) The board shall have the power to enter
been published in a newspaper of general circu- into contracts for the use of the projects of the
lation in Collier County at least once and at least district and with respect to the services, systems,
ten days prior to such public hearing.The rulemak- and facilities furnished or to be furnished by the
'`-- ing hearing may be adjourned from time to time. district.
After such hearing, such schedule or schedules, (Laws of Fla. ch. 2004-461, § 4)
either as initially proposed or as modified or
amended, may be finally adopted. A copy of the Sec. 262-751. Recovery of delinquent
schedule or schedules of such rates, fees, rentals, charges.
or charges as finally adopted shall be kept on file
in an office designated by the board and shall be In the event that any rates, fees, rentals,
open at all reasonable times to public inspection. charges, or delinquent penalties shall not be paid
The rates,fees,rentals,or charges sofixed for any as and when due and shall be in default for 60
class of users or property served shall be extended days or more, the unpaid balance thereof and all
to cover any additional users or properties there- interest accrued thereon, together with reason-
after served which shall fall in the same class, able attorney's fees and costs, may be recovered
without the necessity of any notice or hearing. by the district in a civil action.
(Laws of Fla. ch. 2004-461, § 4)
(c) Such rates, fees, rentals, and charges shall
be just and equitable and uniform for users of the Sec. 262-752. Discontinuance of service.
same class, and when appropriate may be based In the event the fees, rentals, or other charges
or computed either upon the amount of service for water and sewer services, or either of them,
furnished,upon the number of average number of are not paid when due, the board shall have the
persons residing or working in or otherwise occu- power, under such reasonable rules and regula-
pying the premises served, or upon any other tions as the board may adopt, to discontinue and
factor affecting the use of the facilities furnished, shut off both water and sewer services until such
or upon any combination of the foregoing factors, fees, rentals, or other charges, including interest,
as may be determined by the board on an equita- penalties, and charges for the shutting off and
ble basis. discontinuance and the restoration of such water
Supp.No. 24 SA262:191
§262-752 COLLIER COUNTY CODE
and sewer services or both,are fully paid; and,for property, personal injury, or death, shall be sub-
such purposes,the board may enter on any lands, ject to the limitations provided in F.S. §768.28,as
waters, or premises of any person, firm, corpora- amended from time to time.
tion, or body,public or private,within the district (Laws of Fla. ch. 2004-461, § 4)
limits. Such delinquent fees, rentals, or other
charges, together with interest, penalties, and Sec. 262-755. Exemption of district prop-
charges for the shutting off and discontinuance erty from execution.
and the restoration of such services and facilities All district property shall be exempt from levy
and reasonable attorney's fees and other ex- and sale by virtue of an execution, and no execu-
penses, may be recovered by the district, which tion or other judicial process shall issue against
may also enforce payment of such delinquent fees, such property,nor shall any judgment against the
rentals, or other charges by any other lawful district be a charge or lien on its property or
method of enforcement. revenues;however,nothing contained herein shall
(Laws of Fla. ch. 2004-461, § 4) apply to or limit the rights of bondholders to
pursue any remedy for the enforcement of any
lien or pledge given by the district in connection
Sec. 262-753. Enforcement and penalties. with any of the bonds or obligations of the district.
(Laws of Fla. ch. 2004 461, § 4)
The board or any aggrieved person may have
recourse to such remedies in law and at equity as Sec. 262-756. Termination, contracting, or
may be necessary to ensure compliance with the expansion of district.
provisions of this Act, including injunctive relief
to enjoin or restrain any person violating the (a) The board may ask the legislature through
its local legislative delegation in and for Collier
provisions of this Act or any bylaws, resolutions,
regulations,rules, codes, or orders adopted under County to amend this Act to contract,to expand or
this Act. In case any building or structure is to contract, and to expand the boundaries of the
erected, constructed, reconstructed, altered, re district by amendment of this section.
paired,converted, or maintained,or any building, (b) The district shall remain in existence until:
structure, land, or water is used, in violation of (1) The district is terminated and dissolved
this Act or of any code, order, resolution, or other pursuant to amendment to this Act by the
regulation made under authority conferred by Florida Legislature.
this Act or under law, the board or any citizen
residing in the district may institute any appro (2) The district has become inactive pursuant
priate action or proceeding to prevent such un-
lawful to F.S. § 189.4044.
lawful erection, construction, reconstruction, (Laws of Fla. ch. 2004 461, § 4)
al-
teration, repair, conversion, maintenance, or use;
to restrain, correct, or avoid such violation; to Sec. 262-757. Inclusion of territory.
prevent the occupancy of such building,structure, The inclusion of any or all territory of the
land, or water; and to prevent any illegal act, district within a municipality does not change,
conduct, business, or use in or about such pre- alter, or affect the boundary, territory, existence,
mises, land, or water. or jurisdiction of the district.
(Laws of Fla. ch. 2004-461, § 4) (Laws of Fla. ch. 2004-461, § 4)
Sec. 262-754. Suits against the district. Sec. 262-758. Sale of real estate within a
district;required disclosure to
Any suit or action brought or maintained against purchaser.
the district for damages arising out of tort,includ- Subsequent to the creation of this district un-
ing, without limitation, any claim arising upon der this Act, each contract for the initial sale of a
account of an act causing an injury or loss of parcel of real property and each contract for the
Supp. No. 24 SA262:192
SPECIAL DISTRICTS §262-760
initial sale of a residential unit within the district Sec. 262-760. Severability.
shall include, immediately prior to the space
reserved in the contract for the signature of the (a) If any provision of this Act is determined
purchaser, the following disclosure statement in unconstitutional or otherwise determined invalid
boldfaced and conspicuous type which is larger by a court of law,all the rest and remainder of the
than the type in the remaining text of the con- Act shall remain in full force and effect as the law
tract: of Florida.
"THE AVE MARIA STEWARDSHIP COMMU- (b) This Act shall take effect upon becoming a
law.
NITY DISTRICT MAY IMPOSE AND LEVY (Laws of Fla. ch. 2004-461, §§ 5, 6)
TAXES OR ASSESSMENTS,OR BOTH TAXES
AND ASSESSMENTS, ON THIS PROPERTY.
THESE TAXES AND ASSESSMENTS PAY FOR
THE CONSTRUCTION, OPERATION, AND
MAINTENANCE COSTS OF CERTAIN PUB-
LIC SYSTEMS, FACILITIES AND SERVICES
OF THE DISTRICT AND ARE SET ANNU-
ALLY BY THE GOVERNING BOARD OF THE
DISTRICT. THESE TAXES AND ASSESS-
MENTS ARE IN ADDITION TO COUNTY
AND OTHER LOCAL GOVERNMENTAL
TAXES AND ASSESSMENTS AND ALL
OTHER TAXES AND ASSESSMENTS PRO-
VIDED FOR BY LAW."
(Laws of Fla. ch. 2004-461, § 4)
Sec. 262-759. Notice of creation and estab-
lishment.
(a) Within 30 days after the election of the first
board of supervisors creating this district, the
district shall cause to be recorded in the grantor-
grantee index of the property records in the
county in which it is located a"Notice of Creation
and Establishment of the Ave Maria Stewardship
Community District." The notice shall, at a min-
imum, include the legal description of the prop-
erty of the landowners who have consented to
establishment of this district and a copy of the
disclosure statement specified in section 262-758.
(b) Any system,facility,service,works,improve-
ment, project, or other infrastructure owned by
the district, or funded by federal tax exempt
bonding issued by the district, is public; the
district by rule may regulate, and may impose
reasonable charges or fees for,the use thereof but
not to the extent that such regulation or imposi-
tion of such charges or fees constitutes denial of
reasonable access.
(Laws of Fla. ch. 2004-461, § 4)
Supp.No. 24 SA262:193
Chapters 263-265
RESERVED
SA263:1