Agenda 11/12/2024 Item # 6A (Public Petitiion seeking Board Support to create the Corkscrew Grove Stewardship District - Presented by Mitch Hutchcraft)10070 Daniels Interstate Court, Suite 200
Fort Myers, FL 33913
October 29, 2024
Collier County Manager’s Office
Attn: Public Petitions
3299 Tamiami Trail East, Suite 202
Naples, Florida 34112
RE: Request to Agenda a Resolution supporting creation by Special Act of the Corkscrew
Grove Stewardship District.
Dear County Manager:
Regarding the referenced subject and on behalf of Alico, Inc., I respectfully request that
you agenda for the November 12, 2024, Board of County Commissioners meeting an item
for public hearing on December 10, 2024 to consider and adopt a resolution. An
Introduction to Stewardship Districts is attached for your review. In addition, attached is
a legal description for the proposed district boundaries.
The purpose of the resolution, in accordance with the provisions of Section 189.403,
Florida Statutes, is to convey to the Collier County Legislative Delegation the support of
your Board to create the Corkscrew Grove Stewardship District in Eastern Collier County
by Special Act. I shall be pleased to respond to any questions and we will continue to work
with your office and the office of the County Attorney on the resolution and the Special
Act.
Sincerely,
Alico, Inc.
John E. Kiernan, CEO
cc: Richard D. Yovanovich, Esq.
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Request to Speak under Public Petition
(Please print clearly)
Name: ______________________________________________________
Address: ______________________________________________________
______________________________________________________
Alico, Inc. / John E. Kiernan, CEO
10070 Daniels Interstate Court, Suite 200
Fort Myers, Florida 33913
Phone: _________________________
Date of the Board Meeting you wish to speak: ________November 12, 2024_________________
Must indicate “Yes” or “No”:
Is this subject matter under litigation at this time? ___No___
Is this subject matter an ongoing Code Enforcement case? _No_____
Note: If either answer is “Yes”, the Board will hear the item but will have no
discussion regarding the item after it is presented.
Please explain in detail the reason you are requesting to speak (attach additional
page if necessary):
___S ______ee attached letter_________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
Please explain in detail the action you are asking the Commission to take (attach
additional page if necessary):
___S ______ee attached letter_________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
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1 An act relating to Collier County; creating the Corkscrew
2 Grove Stewardship District; providing a short title; providing
3 legislative findings and intent; providing definitions;
4 stating legislative policy regarding creation of the district;
5 establishing compliance with minimum requirements for creation
6 of an independent special district; providing for creation and
7 establishment of the district; establishing the legal
8 boundaries of the district; providing for the jurisdiction and
9 charter of the district; providing for a board of supervisors;
10 providing for election, membership, terms, meetings, and
11 duties of board members; providing a method for transition of
12 the board from landowner control to control by the resident
13 electors of the district; providing for a district manager and
14 district personnel; providing for a district treasurer,
15 selection of a public depository, and district budgets and
16 financial reports; providing the general and special powers of
17 the district; providing for bonds; providing for borrowing;
18 providing for future ad valorem taxation; providing for
19 special assessments; providing for issuance of certificates of
20 indebtedness; providing for tax liens; providing for
21 competitive procurement; providing for fees and charges;
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22 providing for termination, contraction, expansion, or merger
23 of the district; providing for required notices to purchasers
24 of residential units within the district; specifying district
25 public property; providing severability; providing for a
26 referendum; providing an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. This act may be cited as the "Corkscrew
31 Grove Stewardship District Act."
32 Section 2. Legislative findings and intent;
33 definitions; policy.—
34 (1) LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT.—
35 (a) The extensive lands located wholly within Collier
36 County and covered by this act contain many opportunities for
37 thoughtful, comprehensive, responsible, and consistent
38 development over a long period.
39 (b) There is a need to use a single special and
40 limited purpose independent special district unit of local
41 government for the Corkscrew Grove Stewardship District lands
42 located within Collier County and covered by this act to
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43 provide for a more comprehensive community development
44 approach, which will facilitate an integral relationship
45 between regional transportation, land use and urban design to
46 provide for a diverse mix of housing and regional employment
47 and economic development opportunities, rather than fragmented
48 development with underutilized infrastructure generally
49 associated with urban sprawl.
50 (c) There is a considerably long period of time during
51 which there is a significant burden on the initial landowners
52 of the district lands to provide various systems, facilities,
53 and services, such that there is a need for flexible
54 management, sequencing, timing, and financing of the various
55 systems, facilities, and services to be provided to these
56 lands, taking into consideration absorption rates, commercial
57 viability, and related factors.
58 (d) While chapter 190, Florida Statutes, provides an
59 opportunity for previous community development services and
60 facilities to be provided by the continued use of community
61 development districts in a manner that furthers the public
62 interest, given the size of the Corkscrew Grove Stewardship
63 District lands and the duration of development, continuing to
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64 utilize multiple community development districts over these
65 lands would result in an inefficient, duplicative, and
66 needless proliferation of local special purpose governments,
67 contrary to the public interest and the Legislature's findings
68 in chapter 190, Florida Statutes. Instead, it is in the public
69 interest that the long-range provision for, and management,
70 financing, and long-term maintenance, upkeep, and operation
71 of, services and facilities to be provided for ultimate
72 development and conservation of the lands covered by this act
73 be under one coordinated entity. The creation of a single
74 district will assist in integrating the management of state
75 resources and allow for greater and more coordinated
76 stewardship of natural resources.
77 (e) Longer involvement of the initial landowner with
78 regard to the provision of systems, facilities, and services
79 for the Corkscrew Grove Stewardship District lands, coupled
80 with the special and limited purpose of the district, is in
81 the public interest.
82 (f) The existence and use of such a special and
83 limited purpose local government for the Corkscrew Grove
84 Stewardship District lands, subject to the Collier County
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85 comprehensive plan, will provide for a comprehensive and
86 complete community development approach to promote a
87 sustainable and efficient land use pattern for the Corkscrew
88 Grove Stewardship District lands with long-term planning for
89 conservation and development; provide opportunities for the
90 mitigation of impacts and development of infrastructure in an
91 orderly and timely manner; prevent the overburdening of the
92 local general purpose government and the taxpayers; and
93 provide an enhanced tax base and regional employment and
94 economic development opportunities.
95 (g) The creation and establishment of the special
96 district will encourage local government financial self-
97 sufficiency in providing public facilities and in identifying
98 and implementing physically sound, innovative, and cost-
99 effective techniques to provide and finance public facilities
100 while encouraging development, use, and coordination of
101 capital improvement plans by all levels of government, in
102 accordance with the goals of chapter 187, Florida Statutes.
103 (h) The creation and establishment of the special
104 district is a legitimate supplemental and alternative method
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105 available to manage, own, operate, construct, and finance
106 capital infrastructure systems, facilities, and services.
107 (i) In order to be responsive to the critical timing
108 required through the exercise of its special management
109 functions, an independent special district requires financing
110 of those functions, including bondable lienable and
111 nonlienable revenue, with full and continuing public
112 disclosure and accountability, funded by landowners, both
113 present and future, and funded also by users of the systems,
114 facilities, and services provided to the land area by the
115 special district, without unduly burdening the taxpayers,
116 citizens, and ratepayers of the state or Collier County.
117 (j) The special district created and established by
118 this act shall not have or exercise any comprehensive
119 planning, zoning, or development permitting power; the
120 establishment of the special district shall not be considered
121 a development order within the meaning of chapter 380, Florida
122 Statutes; and all applicable planning and permitting laws,
123 rules, regulations, and policies of Collier County control the
124 development of the land to be serviced by the special
125 district.
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126 (k) The creation by this act of the Corkscrew Grove
127 Stewardship District is not inconsistent with the Collier
128 County comprehensive plan.
129 (l) It is the legislative intent and purpose that no
130 debt or obligation of the special district constitute a burden
131 on Collier County.
132 (2) DEFINITIONS.—As used in this act:
133 (a) "Ad valorem bonds" means bonds that are payable
134 from the proceeds of ad valorem taxes levied on real and
135 tangible personal property and that are generally referred to
136 as general obligation bonds.
137 (b) "Assessable improvements" means, without
138 limitation, any and all public improvements and community
139 facilities that the district is empowered to provide in
140 accordance with this act that provide a special benefit to
141 property within the district.
142 (c) "Assessment bonds" means special obligations of
143 the district which are payable solely from proceeds of the
144 special assessments or benefit special assessments levied for
145 assessable improvements, provided that, in lieu of issuing
146 assessment bonds to fund the costs of assessable improvements,
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147 the district may issue revenue bonds for such purposes payable
148 from assessments.
149 (d) "Assessments" means those nonmillage district
150 assessments which include special assessments, benefit special
151 assessments, and maintenance special assessments and a
152 nonmillage, non-ad valorem maintenance tax if authorized by
153 general law.
154 (e) "Benefit special assessments" means district
155 assessments imposed, levied, and collected pursuant to section
156 6(12)(b).
157 (g) "Board of supervisors" or "board" means the
158 governing body of the district or, if such board has been
159 abolished, the board, body, or commission assuming the
160 principal functions thereof or to whom the powers given to the
161 board by this act have been given by law.
162 (h) "Bond" includes "certificate," and the provisions
163 that are applicable to bonds are equally applicable to
164 certificates. The term also includes any general obligation
165 bond, assessment bond, refunding bond, revenue bond, bond
166 anticipation note, and other such obligation in the nature of
167 a bond as is provided for in this act.
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168 (i) "Cost" or "costs," when used in reference to any
169 project, includes, but is not limited to:
170 1. The expenses of determining the feasibility or
171 practicability of acquisition, construction, or
172 reconstruction.
173 2. The cost of surveys, estimates, plans, and
174 specifications.
175 3. The cost of improvements.
176 4. Engineering, architectural, fiscal, and legal
177 expenses and charges.
178 5. The cost of all labor, materials, machinery, and
179 equipment.
180 6. The cost of all lands, properties, rights,
181 easements, and franchises acquired.
182 7. Financing charges.
183 8. The creation of initial reserve and debt service
184 funds.
185 9. Working capital.
186 10. Interest charges incurred or estimated to be
187 incurred on money borrowed prior to and during construction
188 and acquisition and for such reasonable period of time after
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189 completion of construction or acquisition as the board may
190 determine.
191 11. The cost of issuance of bonds pursuant to this
192 act, including advertisements and printing.
193 12. The cost of any bond or tax referendum held
194 pursuant to this act and all other expenses of issuance of
195 bonds.
196 13. The discount, if any, on the sale or exchange of
197 bonds.
198 14. Administrative expenses.
199 15. Such other expenses as may be necessary or
200 incidental to the acquisition, construction, or reconstruction
201 of any project, or to the financing thereof, or to the
202 development of any lands within the district.
203 16. Payments, contributions, dedications, and any
204 other exactions required as a condition of receiving any
205 governmental approval or permit necessary to accomplish any
206 district purpose.
207 17. Any other expense or payment permitted by this act
208 or allowable by law.
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209 (i) "District" means the Corkscrew Grove Stewardship
210 District.
211 (j) "District manager" means the manager of the
212 district.
213 (k) "District roads" means highways, streets, roads,
214 alleys, intersection improvements, sidewalks, crossings,
215 landscaping, irrigation, signage, signalization, storm drains,
216 bridges, multiuse trails, lighting, and thoroughfares of all
217 kinds.
218 (l) "General obligation bonds" means bonds which are
219 secured by, or provide for their payment by, the pledge of the
220 full faith and credit and taxing power of the district.
221 (m) “General-purpose local government” means a city,
222 municipality, or consolidated city-county government.
223 (n) "Governing board member" means any member of the
224 board of supervisors.
225 (o) "Land development regulations" means those
226 regulations of the general-purpose local government, adopted
227 under the Community Planning Act, codified as part II of
228 chapter 163, Florida Statutes, to which the district is
229 subject and as to which the district may not do anything that
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230 is inconsistent therewith. The term “land development
231 regulations” does not include specific management,
232 engineering, operations, or capital improvement planning,
233 needed in the daily management, implementation, and supplying
234 by the district of systems, facilities, services, works,
235 improvements, projects, or infrastructure, so long as they
236 remain subject to and are not inconsistent with the applicable
237 county codes.
238 (p) "Landowner" means the owner of a freehold estate
239 as it appears on the deed record, including a trustee, a
240 private corporation, and an owner of a condominium unit. The
241 term “landowner" does not include a reversioner, remainderman,
242 mortgagee, or any governmental entity which shall not be
243 counted and need not be notified of proceedings under this
244 act. The term “landowner" also means the owner of a ground
245 lease from a governmental entity, which leasehold interest has
246 a remaining term, excluding all renewal options, in excess of
247 50 years.
248 (q) "Maintenance special assessments" are assessments
249 imposed, levied, and collected pursuant to section 6(12)(d).
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250 (r) "Non-ad valorem assessment" means only those
251 assessments which are not based upon millage and which can
252 become a lien against a homestead as permitted in s. 4,
253 Article X of the State Constitution.
254 (s) "Powers" means powers used and exercised by the
255 board of supervisors to accomplish the special and limited
256 purposes of the district, including:
257 1. "General powers," which means those organizational
258 and administrative powers of the district as provided in its
259 charter in order to carry out its special and limited purpose
260 as a local government public corporate body politic.
261 2. "Special powers," which means those powers
262 enumerated by the district charter to implement its
263 specialized systems, facilities, services, projects,
264 improvements, and infrastructure and related functions in
265 order to carry out its special and limited purposes.
266 3. Any other powers, authority, or functions set forth
267 in this act.
268 (t) "Project" means any development, improvement,
269 property, power, utility, facility, enterprise, service,
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270 system, works, or infrastructure now existing or hereafter
271 undertaken or established under this act.
272 (u) "Qualified elector" means any person at least 18
273 years of age who is a citizen of the United States and a legal
274 resident of the state and of the district, who registers to
275 vote with the Supervisor of Elections of Collier County and
276 who resides in Collier County.
277 (v) "Reclaimed water" means water, including from
278 wells or stormwater management facilities, that has received
279 at least secondary treatment and basic disinfection and is
280 reused after flowing out of a domestic wastewater treatment
281 facility, or otherwise as an approved use of surface water or
282 groundwater by the water management district.
283 (w) "Reclaimed water system" means any plant, well,
284 system, facility, or property, and any addition, extension, or
285 improvement thereto at any future time constructed or acquired
286 as part thereof, useful, necessary, or having the present
287 capacity for future use in connection with the development of
288 sources, treatment, purification, or distribution of reclaimed
289 water. The term includes franchises of any nature relating to
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290 any such system and necessary or convenient for the operation
291 thereof including for the district’s own use or resale.
292 (x) "Refunding bonds" means bonds issued to refinance
293 outstanding bonds of any type and the interest and redemption
294 premium thereon. Refunding bonds may be issuable and payable
295 in the same manner as refinanced bonds, except that no
296 approval by the electorate shall be required unless required
297 by the State Constitution.
298 (y) "Revenue bonds" means obligations of the district
299 that are payable from revenues, including, but not limited to,
300 special assessments and benefit special assessments, derived
301 from sources other than ad valorem taxes on real or tangible
302 personal property and that do not pledge the property, credit,
303 or general tax revenue of the district.
304 (z) "Sewer system" means any plant, system, facility,
305 or property, and additions, extensions, and improvements
306 thereto at any future time constructed or acquired as part
307 thereof, useful or necessary or having the present capacity
308 for future use in connection with the collection, treatment,
309 purification, or disposal of sewage, including, but not
310 limited to, industrial wastes resulting from any process of
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311 industry, manufacture, trade, or business or from the
312 development of any natural resource. The term also includes
313 treatment plants, pumping stations, lift stations, valves,
314 force mains, intercepting sewers, laterals, pressure lines,
315 mains, and all necessary appurtenances and equipment; all
316 sewer mains, laterals, and other devices for the reception and
317 collection of sewage from premises connected therewith; all
318 real and personal property and any interest therein; and
319 rights, easements, and franchises of any nature relating to
320 any such system and necessary or convenient for operation
321 thereof.
322 (aa) "Special assessments" means assessments as
323 imposed, levied, and collected by the district for the costs
324 of assessable improvements pursuant to this act; chapter 170,
325 Florida Statutes; and the additional authority under s.
326 197.3631, Florida Statutes, or other provisions of general
327 law, now or hereinafter enacted, which provide or authorize a
328 supplemental means to impose, levy, or collect special
329 assessments.
330 (bb) "Corkscrew Grove Stewardship District" means the
331 unit of special and limited purpose local government and
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332 political subdivision created and chartered by this act, and
333 limited to the performance of those general and special powers
334 authorized by its charter under this act, the boundaries of
335 which are set forth by the act, the governing board of which
336 is created and authorized to operate with legal existence by
337 this act, and the purpose of which is as set forth in this
338 act.
339 (cc) "Tax" or "taxes" means those levies and
340 impositions of the board of supervisors that support and pay
341 for government and the administration of law and that may be:
342 1. Ad valorem or property taxes based upon both the
343 appraised value of property and millage, at a rate uniform
344 within the jurisdiction; or
345 2. If and when authorized by general law, non-ad
346 valorem maintenance taxes not based on millage that are used
347 to maintain district systems, facilities, and services.
348 (dd) "Water system" means any plant, system, facility,
349 or property, and any addition, extension, or improvement
350 thereto at any future time constructed or acquired as a part
351 thereof, useful, necessary, or having the present capacity for
352 future use in connection with the development of sources,
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353 treatment, purification, or distribution of water. The term
354 also includes dams, reservoirs, storage tanks, mains, lines,
355 valves, pumping stations, laterals, and pipes for the purpose
356 of carrying water to the premises connected with such system,
357 and all rights, easements, and franchises of any nature
358 relating to any such system and necessary or convenient for
359 the operation thereof.
360 (3) POLICY.—Based upon its findings, ascertainments,
361 determinations, intent, purpose, and definitions, the
362 Legislature states its policy expressly:
363 (a) The district and the district charter, with its
364 general and special powers, as created in this act, are
365 essential and the best alternative for the residential,
366 commercial, industrial, office, hotel, health care, and other
367 similar community uses, projects, or functions in the included
368 portion of Collier County consistent with the effective
369 comprehensive plan, and designed to serve a lawful public
370 purpose.
371 (b) The district, which is a local government and a
372 political subdivision, is limited to its special purpose as
373 expressed in this act, with the power to provide, plan,
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374 implement, construct, maintain, and finance as a local
375 government management entity systems, facilities, services,
376 improvements, infrastructure, and projects, and possessing
377 financing powers to fund its management power over the long
378 term and with sustained levels of high quality.
379 (c) The creation of the Corkscrew Grove Stewardship
380 District by and pursuant to this act, and its exercise of its
381 management and related financing powers to implement its
382 limited, single, and special purpose, is not a development
383 order and does not trigger or invoke any provision within the
384 meaning of chapter 380, Florida Statutes, and all applicable
385 governmental planning, environmental, and land development
386 laws, regulations, rules, policies, and ordinances apply to
387 all development of the land within the jurisdiction of the
388 district as created by this act.
389 (d) The district shall operate and function subject
390 to, and not inconsistent with, the applicable comprehensive
391 plan of Collier County and any applicable development orders
392 (e.g., detailed site plan development orders), zoning
393 regulations, and other land development regulations.
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394 (e) The special and single purpose Corkscrew Grove
395 Stewardship District shall not have the power of a general-
396 purpose local government to adopt a comprehensive plan or
397 related land development regulation as those terms are defined
398 in the Community Planning Act.
399 (f) This act may be amended, in whole or in part, only
400 by special act of the Legislature. The board of supervisors of
401 the district shall not ask the Legislature to amend this act
402 without first obtaining a resolution or official statement
403 from the district and Collier County as may be required by s.
404 189.031(2)(e)4., Florida Statutes, for creation of an
405 independent special district.
406 Section 3. Minimum charter requirements; creation and
407 establishment; jurisdiction; construction; charter.—
408 (1) Pursuant to s. 189.031(3), Florida Statutes, the
409 Legislature sets forth that the minimum requirements in
410 paragraphs (a) through (n) have been met in the identified
411 provisions of this act as follows:
412 (a) The purpose of the district is stated in the act
413 in section 2 and subsection (4) of this section.
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414 (b) The powers, functions, and duties of the district
415 regarding ad valorem taxation, bond issuance, other revenue-
416 raising capabilities, budget preparation and approval, liens
417 and foreclosure of liens, use of tax deeds and tax
418 certificates as appropriate for non-ad valorem assessments,
419 and contractual agreements are set forth in section 6.
420 (c) The provisions for methods for establishing the
421 district are set forth in this section.
422 (d) The methods for amending the charter of the
423 district are set forth in section 2.
424 (e) The provisions for the membership and organization
425 of the governing body and the establishment of a quorum are
426 set forth in section 5.
427 (f) The provisions regarding the administrative duties
428 of the governing body are set forth in sections 5 and 6.
429 (g) The provisions applicable to financial disclosure,
430 noticing, and reporting requirements generally are set forth
431 in sections 5 and 6.
432 (h) The provisions regarding procedures and
433 requirements for issuing bonds are set forth in section 6.
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434 (i) The provisions regarding elections or referenda
435 and the qualifications of an elector of the district are set
436 forth in sections 2 and 5.
437 (j) The provisions regarding methods for financing the
438 district generally are set forth in section 6.
439 (k) Other than taxes levied for the payment of bonds
440 and taxes levied for periods not longer than 2 years when
441 authorized by vote of the electors of the district, the
442 provisions for the authority to levy ad valorem tax and the
443 authorized millage rate are set forth in section 6.
444 (l) The provisions for the method or methods of
445 collecting non-ad valorem assessments, fees, or service
446 charges are set forth in section 6.
447 (m) The provisions for planning requirements are in
448 this section and section 6.
449 (n) The provisions for geographic boundary limitations
450 of the district are set forth in sections 4 and 6.
451 (2) The Corkscrew Grove Stewardship District is
452 created and incorporated as a public body corporate and
453 politic, an independent special and limited purpose local
454 government, an independent special district, under s. 189.031,
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455 Florida Statutes, as amended from time to time, and as defined
456 in this act and in s. 189.012(3), Florida Statutes, as amended
457 from time to time, in and for portions of Collier County. Any
458 amendments to chapter 190, Florida Statutes, after January 1,
459 2025 granting additional general powers, special powers,
460 authorities, or projects to a community development district
461 by amendment to its uniform charter, ss. 190.006-190.041,
462 Florida Statutes, which are not inconsistent with this act,
463 shall constitute a general power, special power, authority, or
464 function of the Corkscrew Grove Stewardship District. All
465 notices for the enactment by the Legislature of this special
466 act have been provided pursuant to the State Constitution, the
467 Laws of Florida, and the Rules of the Florida House of
468 Representatives and of the Florida Senate. No referendum
469 subsequent to the effective date of this act is required as a
470 condition of establishing the district. Therefore, the
471 district, as created by this act, is established on the
472 property described in this act.
473 (3) The territorial boundary of the district shall
474 embrace and include all of that certain real property
475 described in section 4.
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476 (4) The jurisdiction of the district, in the exercise
477 of its general and special powers, and in the carrying out of
478 its special and limited purposes, is both within the external
479 boundaries of the legal description of this district and
480 extraterritorially when limited to, and as authorized
481 expressly elsewhere in, the charter of the district as created
482 in this act or applicable general law. This special and
483 limited purpose district is created as a public body corporate
484 and politic, and local government authority and power is
485 limited by its charter, this act, and subject to other general
486 laws, including chapter 189, Florida Statutes, except that an
487 inconsistent provision in this act shall control and the
488 district has jurisdiction to perform such acts and exercise
489 such authorities, functions, and powers as shall be necessary,
490 convenient, incidental, proper, or reasonable for the
491 implementation of its special and limited purpose regarding
492 the sound planning, provision, acquisition, development,
493 operation, maintenance, and related financing of those public
494 systems, facilities, services, improvements, projects, and
495 infrastructure works as authorized herein, including those
496 necessary and incidental thereto. The district shall only
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497 exercise any of its powers extraterritorially within Collier
498 County after execution of an interlocal agreement between the
499 district and Collier County consenting to the district's
500 exercise of any of such powers within Collier County or an
501 applicable development order or as part of other land
502 development regulations issued by Collier County.
503 (5) The exclusive charter of the Corkscrew Grove
504 Stewardship District is this act and, except as otherwise
505 provided in subsection (2), may be amended only by special act
506 of the Legislature.
507 Section 4. Legal description of the Corkscrew Grove
508 Stewardship District.—The metes and bounds legal description
509 of the district, within which there are no parcels of property
510 owned by those who do not wish their property to be included
511 within the district, is as follows:
512 A PARCEL OF LAND LOCATED IN SECTIONS 03, 04, 05, 06, 07, 08,
513 09, 10, 15 AND 18, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER
514 COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
515 AREA 1:
516 BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
517 SAID SECTION 04; THENCE RUN S.89°34'35"E., ALONG THE NORTH
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518 LINE OF SAID NORTHWEST QUARTER, FOR A DISTANCE OF 2,601.08
519 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
520 SECTION 04; THENCE RUN N.89°49'18"E., ALONG THE NORTH LINE OF
521 SAID NORTHEAST QUARTER, FOR A DISTANCE OF 2,703.78 FEET TO THE
522 NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 03;
523 THENCE RUN S.89°29'58"E., ALONG THE NORTH LINE OF SAID
524 NORTHWEST QUARTER, FOR A DISTANCE OF 2,641.45 FEET TO THE
525 NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 03;
526 THENCE RUN S.89°29'58"E., ALONG THE NORTH LINE OF SAID
527 NORTHEAST QUARTER, FOR A DISTANCE OF 2,641.44 FEET TO THE
528 NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE RUN
529 S.00°35'20"E., ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,
530 FOR A DISTANCE OF 2,629.09 FEET TO THE NORTHEAST CORNER OF THE
531 SOUTHEAST QUARTER OF SAID SECTION 03; THENCE RUN
532 S.00°35'45"E., ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER,
533 FOR A DISTANCE OF 1,532.89 FEET TO THE NORTHERLY RIGHT OF WAY
534 LINE OF STATE ROAD 82 (A 200 FOOT RIGHT OF WAY), SAID POINT
535 HEREINAFTER REFERRED TO AS POINT “A”; THENCE RUN
536 N.73°57'58"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A
537 DISTANCE OF 4,219.38 FEET TO A POINT ON SAID NORTHERLY RIGHT
538 OF WAY LINE HEREINAFTER REFERRED TO AS POINT “B”; THENCE
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539 CONTINUE N.73°57'58"W., ALONG SAID NORTHERLY RIGHT OF WAY
540 LINE, FOR A DISTANCE OF 5,305.11 FEET TO A POINT ON SAID
541 NORTHERLY RIGHT OF WAY LINE HEREINAFTER REFERRED TO AS POINT
542 “C”; THENCE CONTINUE N.73°57'58"W., ALONG SAID NORTHERLY RIGHT
543 OF WAY LINE, FOR A DISTANCE OF 1,511.79 TO THE WEST LINE OF
544 SAID NORTHWEST QUARTER OF SAID SECTION 04; THENCE RUN
545 N.01°10'09"W., ALONG SAID WEST LINE, FOR A DISTANCE OF
546 1,123.48 FEET; TO THE POINT OF BEGINNING.
547 LESS AND EXCEPT:
548 COMMENCE AT THE AFOREMENTIONED POINT “B”; THENCE RUN
549 N.16°02'02"E., FOR A DISTANCE OF 62.00 FEET TO THE POINT OF
550 BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
551 CONTINUE, N.16°02'02"E., FOR A DISTANCE OF 39.22 FEET TO THE
552 BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN
553 NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
554 RADIUS OF 647.96 FEET, THROUGH A CENTRAL ANGLE OF 16°37'00",
555 SUBTENDED BY A CHORD DISTANCE OF 187.26 FEET, AT A BEARING OF
556 N.07°43'32"E., FOR A DISTANCE OF187.92 FEET TO THE END OF SAID
557 CURVE; THENCE RUN, N.00°34'58"W., A DISTANCE OF 191.27 FEET;
558 THENCE RUN S.89°25'02"W., FOR A DISTANCE OF 70.55 FEET; THENCE
559 RUN N.00°34'58"W., FOR A DISTANCE OF 40.00 FEET; THENCE RUN
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560 N.89°25'02"E., FOR A DISTANCE OF 70.55 FEET; THENCE RUN
561 N.00°34'58"W., FOR A DISTANCE OF 199.86 FEET; THENCE RUN
562 N.89°20'29"E., FOR A DISTANCE OF 239.66 FEET; THENCE RUN
563 S.38°31'20"E., FOR A DISTANCE OF 143.21 FEET; THENCE RUN
564 S.51°28'40"W., FOR A DISTANCE OF 52.80 FEET; THENCE RUN
565 S.00°39'31"E., FOR A DISTANCE OF 605.94 FEET; THENCE RUN
566 N.73°58'04"W., FOR A DISTANCE OF 339.31 FEET TO THE POINT OF
567 BEGINNING.
568 ALSO LESS AND EXCEPT:
569 COMMENCE AT THE AFOREMENTIONED POINT “C”, THENCE RUN
570 N.16°02'02"E., FOR A DISTANCE OF 73.00 FEET TO THE POINT OF
571 BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
572 CONTINUE N.16°02'02"E., FOR A DISTANCE OF 60.91 FEET; THENCE
573 RUN N.01°02'21"W., FOR A DISTANCE OF 132.64 FEET; THENCE RUN
574 N.88°57'41"E., FOR A DISTANCE OF 234.50 FEET; THENCE RUN
575 S.01°02'17"E., FOR A DISTANCE OF 268.38 FEET; THENCE RUN
576 N.73°57'54"W., FOR A DISTANCE OF 264.01 FEET TO THE POINT OF
577 BEGINNING.
578 AND AREA 2:
579 COMMENCE AT SAID NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
580 SAID SECTION 04; THENCE RUN S.89°58'53"W., ALONG THE NORTH
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581 LINE OF THE NORTHEAST QUARTER OF SAID SECTION 05, FOR A
582 DISTANCE OF 2,655.24 FEET TO THE NORTHEAST CORNER OF THE
583 NORTHWEST QUARTER OF SAID SECTION 05; THENCE RUN
584 S.89°59'22"W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
585 OF SAID SECTION 05, FOR A DISTANCE OF 1,950.13 FEET TO A POINT
586 ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A
587 200 FOOT RIGHT OF WAT), AND THE POINT OF BEGINNING OF THE
588 PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.73°57'58"E.,
589 ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF
590 5,567.97 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY
591 LINE, RUN S.36°17'02"W., FOR A DISTANCE OF 85.80 FEET; THENCE
592 RUN N.73°57'58"W., FOR A DISTANCE OF 327.44 FEET; THENCE RUN
593 N.78°05'08"W., FOR A DISTANCE OF 96.93 FEET; THENCE RUN
594 S.00°02'23"W., FOR A DISTANCE OF 322.02 FEET; THENCE RUN
595 S.73°57'58"E., FOR A DISTANCE OF 218.62 FEET; THENCE RUN
596 S.36°17'02"W., FOR A DISTANCE OF 265.76 FEET; THENCE RUN
597 S.53°42'58"E., FOR A DISTANCE OF 60.00 FEET; THENCE RUN
598 N.36°17'02"E., FOR A DISTANCE OF 711.07 FEET TO SAID SOUTHERLY
599 RIGHT OF WAY LINE; THENCE RUN S.73°57'57"E., ALONG SAID
600 SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 3,151.52 FEET;
601 THENCE RUN S.16°02'02"W., FOR A DISTANCE OF 25.00 FEET; THENCE
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602 RUN S.73°57'58"E., FOR A DISTANCE OF 464.76 FEET TO THE
603 NORTHERLY RIGHT OF WAY LINE OF CORKSCREW ROAD (A 100 FOOT
604 RIGHT OF WAY); THENCE RUN S.20°51'56"W., ALONG SAID NORTHERLY
605 RIGHT OF WAY LINE, FOR A DISTANCE OF 1,727.40 FEET TO THE
606 BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT, THENCE RUN
607 SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND
608 ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
609 1,859.86 FEET, THROUGH A CENTRAL ANGLE OF 37°08'16", SUBTENDED
610 BY A CHORD DISTANCE OF 1,184.52 FEET, AT A BEARING OF
611 S.39°26'04"W., FOR A DISTANCE OF 1,205.52 FEET TO THE END OF
612 SAID CURVE; THENCE RUN S.58°00'12"W., ALONG SAID NORTHERLY
613 RIGHT OF WAY LINE, FOR A DISTANCE OF 6,667.70 FEET TO THE
614 BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN
615 SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND
616 ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
617 2,914.79 FEET, THROUGH A CENTRAL ANGLE OF 10°45'18", SUBTENDED
618 BY A CHORD DISTANCE OF 546.33 FEET, AT A BEARING OF
619 S.52°37'33"W., FOR A DISTANCE OF 547.14 FEET TO THE END OF
620 SAID CURVE; THENCE RUN S.47°14'54"W., ALONG SAID NORTHERLY
621 RIGHT OF WAY LINE, FOR A DISTANCE OF 5,800.34 FEET; THENCE RUN
622 S.49°36'55"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A
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623 DISTANCE OF 484.30 FEET; THENCE RUN S.47°14'54"W., ALONG SAID
624 NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1,526.83 FEET
625 TO THE BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT, THENCE
626 RUN WESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND ALONG
627 THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 904.93
628 FEET, THROUGH A CENTRAL ANGLE OF 42°19'05", SUBTENDED BY A
629 CHORD DISTANCE OF 653.28 FEET, AT A BEARING OF S.68°24'26"W.,
630 FOR A DISTANCE OF 668.37 FEET TO THE END OF SAID CURVE; THENCE
631 RUN S.89°33'59"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR
632 A DISTANCE OF 996.61 FEET TO THE WEST LINE OF THE NORTHWEST
633 QUARTER OF SAID SECTION 18; THENCE RUN N.00°39'16"W., ALONG
634 SAID WEST LINE, FOR A DISTANCE OF 2,572.80 FEET TO THE
635 SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 07;
636 THENCE RUN N.00°25'09"W., ALONG THE WEST LINE OF SAID
637 SOUTHWEST QUARTER, FOR A DISTANCE OF 2,638.29 FEET TO THE
638 SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 07;
639 THENCE RUN N.00°24'09"W., ALONG THE WEST LINE OF SAID
640 NORTHWEST QUARTER, FOR A DISTANCE OF 2,642.30 FEET TO THE
641 SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 06;
642 THENCE RUN N.00°48'21"W., ALONG THE WEST LINE OF SAID SECTION
643 06, FOR A DISTANCE OF 5,123.01 FEET; THENCE RUN S.84°55'35"E.,
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644 FOR A DISTANCE OF 3,585.78 FEET; THENCE RUN N.01°07'40"W., FOR
645 A DISTANCE OF 1,837.49 FEET TO THE NORTH LINE OF THE NORTHEAST
646 QUARTER OF SAID SECTION 06; THENCE RUN N.89°37'36"E., ALONG
647 SAID NORTH LINE, FOR A DISTANCE OF 1,831.47 FEET TO THE
648 NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 05;
649 THENCE RUN N.89°59'22"E., ALONG THE NORTH LINE OF SAID
650 NORTHWEST QUARTER, FOR A DISTANCE OF 700.61 FEET TO THE POINT
651 OF BEGINNING.
652 AND AREA 3:
653 COMMENCE AT THE AFOREMENTIONED POINT “A”, THENCE RUN
654 S.00°35'45"E., ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER
655 OF SECTION 03, FOR A DISTANCE OF 208.73 FEET TO A POINT ON THE
656 SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 200 FOOT
657 RIGHT OF WAY), THE SAME BEING THE POINT OF BEGINNING OF THE
658 PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
659 S.00°35'45"E., ALONG SAID EAST LINE, FOR A DISTANCE OF 887.38
660 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
661 SECTION 10; THENCE RUN S.00°28'02"E., ALONG THE EAST LINE OF
662 SAID NORTHEAST QUARTER, FOR A DISTANCE OF 2,699.34 FEET TO THE
663 NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;
664 THENCE RUN S.00°28'13"E., ALONG THE EAST LINE OF SAID
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665 SOUTHEAST QUARTER, FOR A DISTANCE OF 2,699.02 FEET TO THE
666 NORTHEAST CORNER OF SAID SECTION 15; THENCE RUN S.00°08'16"E.,
667 ALONG THE EAST LINE OF SAID SECTION 15, FOR A DISTANCE OF
668 4,277.12 FEET; THENCE RUN S.89°41'04"W., FOR A DISTANCE OF
669 1,890.02 FEET; THENCE RUN N.00°08'15"W., FOR A DISTANCE OF
670 4,276.95 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF
671 SECTION 15; THENCE RUN N.55°11'37"W., FOR A DISTANCE OF
672 4,023.70 FEET; THENCE RUN N.00°08'20"W., FOR A DISTANCE OF
673 707.83 FEET; THENCE RUN S.79°20'37"W., FOR A DISTANCE OF
674 1,604.70 FEET; THENCE RUN N.41°31'31"W., FOR A DISTANCE OF
675 1,675.17 FEET; THENCE RUN N.75°10'22"W., FOR A DISTANCE OF
676 213.78 FEET; THENCE RUN S.14°49'38"W., FOR A DISTANCE OF
677 726.00 FEET; THENCE RUN N.75°10'22"W., FOR A DISTANCE OF
678 758.28 FEET; THENCE RUN N.55°37'02"W., FOR A DISTANCE OF
679 989.88 FEET; THENCE RUN N.31°34'44"W., FOR A DISTANCE OF 86.46
680 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF CORKSCREW ROAD (A
681 100 FOOT RIGHT OF WAY); THENCE RUN N.58°00'12"E., ALONG SAID
682 SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 2,531.39 FEET
683 TO THE BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN
684 NORTHEASTERLY, ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND
685 ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
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686 1,959.86 FEET, THROUGH A CENTRAL ANGLE OF 37°08'16", SUBTENDED
687 BY A CHORD DISTANCE OF 1,248.21 FEET, AT A BEARING OF
688 N.39°26'04"E., FOR A DISTANCE OF 1,270.34 FEET TO THE END OF
689 SAID CURVE; THENCE RUN N.20°51'56"E., ALONG SAID SOUTHERLY
690 RIGHT OF WAY LINE, FOR A DISTANCE OF 1,760.94 FEET TO SAID
691 SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 200 FOOT
692 RIGHT OF WAY); THENCE RUN S.73°57'58"E., ALONG SAID SOUTHERLY
693 RIGHT OF WAY LINE, FOR A DISTANCE OF 2,115.13 FEET TO A POINT
694 HEREINAFTER REFERRED TO AS POINT “D”; THENCE CONTINUE
695 S.73°57'58"E., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A
696 DISTANCE OF 4,388.36 FEET TO THE POINT OF BEGINNING.
697 LESS AND EXCEPT:
698 COMMENCE AT THE AFOREMENTIONED POINT “D”, THENCE RUN
699 S.16°02'02"W., FOR A DISTANCE OF 11.88 FEET TO THE POINT OF
700 BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
701 S.31°00'02"W., FOR A DISTANCE OF 266.13 FEET; THENCE RUN
702 S.58°59'58"E., FOR A DISTANCE OF 15.00 FEET; THENCE RUN
703 S.31°00'02"W., FOR A DISTANCE OF 30.00 FEET; THENCE RUN
704 N.58°59'58"W., FOR A DISTANCE OF 15.00 FEET; THENCE RUN
705 S.31°00'02"W., FOR A DISTANCE OF 52.82 FEET; THENCE RUN
706 N.73°57'58"W., FOR A DISTANCE OF 134.39 FEET; THENCE RUN
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707 N.00°35'44"W., FOR A DISTANCE OF 327.71 FEET THENCE RUN
708 S.79°16'41"E., FOR A DISTANCE OF 74.78 FEET; THENCE RUN
709 S.80°31'35"E., FOR A DISTANCE OF 61.84 FEET; THENCE RUN
710 S.76°49'43"E., FOR A DISTANCE OF 182.63 FEET TO THE POINT OF
711 BEGINNING.
712 CONTAINING A TOTAL AREA OF 4,662.710 ACRES, MORE OR LESS.
713 BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST
714 QUARTER OF SECTION 03, TOWNSHIP 46 SOUTH, RANGE 28 EAST,
715 COLLIER COUNTY, FLORIDA, HAVING A BEARING OF S.89°29'58"E.
716 SOUTH 89° 23' 32.
717 Being subject to any rights-of-way, restrictions and easements
718 of record.
719 Section 5. Board of supervisors; members and meetings;
720 organization; powers; duties; terms of office; related
721 election requirements.—
722 (1) The board of the district shall exercise the
723 powers granted to the district pursuant to this act. The board
724 shall consist of five members, each of whom shall hold office
725 for a term of 4 years, as provided in this section, except as
726 otherwise provided herein for initial board members, and until
727 a successor is chosen and qualified. The members of the board
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728 must be residents of the state and citizens of the United
729 States.
730 (2)(a) Within 90 days after the effective date of this
731 act, there shall be held a meeting of the landowners of the
732 district for the purpose of electing five supervisors for the
733 district. Notice of the landowners' meeting shall be published
734 once a week for 2 consecutive weeks in a newspaper that is in
735 general circulation in the area of the district, the last day
736 of such publication to be not fewer than 14 days or more than
737 28 days before the date of the election. The landowners, when
738 assembled at such meeting, shall organize by electing a chair,
739 who shall conduct the meeting. The chair may be any person
740 present at the meeting. If the chair is a landowner or proxy
741 holder of a landowner, he or she may nominate candidates and
742 make and second motions. The landowners present at the
743 meeting, in person or by proxy, shall constitute a quorum. At
744 any landowners' meeting, 50 percent of the district acreage
745 shall not be required to constitute a quorum, and each
746 governing board member elected by landowners shall be elected
747 by a majority of the acreage represented either by owner or
748 proxy present and voting at said meeting.
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749 (b) At such meeting, each landowner shall be entitled
750 to cast one vote per acre of land owned by him or her and
751 located within the district for each person to be elected. A
752 landowner may vote in person or by proxy in writing. Each
753 proxy must be signed by one of the legal owners of the
754 property for which the vote is cast and must contain the typed
755 or printed name of the individual who signed the proxy; the
756 street address, legal description of the property, or tax
757 parcel identification number; and the number of authorized
758 votes. If the proxy authorizes more than one vote, each
759 property must be listed and the number of acres of each
760 property must be included. The signature on a proxy need not
761 be notarized. A fraction of an acre shall be treated as 1
762 acre, entitling the landowner to one vote with respect
763 thereto. The three candidates receiving the highest number of
764 votes shall each be elected for terms expiring November 28,
765 2028, and the two candidates receiving the next highest number
766 of votes shall each be elected for terms expiring November 24,
767 2026 with the term of office for each successful candidate
768 commencing upon election. The members of the first board
769 elected by landowners shall serve their respective terms;
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770 however, the next election of board members shall be held on
771 the first Tuesday after the first Monday in November 2026.
772 Thereafter, there shall be an election by landowners for the
773 district every 2 years on the first Tuesday after the first
774 Monday in November, which shall be noticed pursuant to
775 paragraph (a). The second and subsequent landowners' election
776 shall be announced at a public meeting of the board at least
777 90 days before the date of the landowners' meeting and shall
778 also be noticed pursuant to paragraph (a). Instructions on how
779 all landowners may participate in the election, along with
780 sample proxies, shall be provided during the board meeting
781 that announces the landowners' meeting. Each supervisor
782 elected in or after November 2026 shall serve a 4-year term.
783 (3)(a)1. The board may not exercise the ad valorem
784 taxing power authorized by this act until such time as all
785 members of the board are qualified electors who are elected by
786 qualified electors of the district.
787 2.a. Regardless of whether the district has proposed
788 to levy ad valorem taxes, board members shall begin being
789 elected by qualified electors of the district as the district
790 becomes populated with qualified electors. The transition
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791 shall occur such that the composition of the board, after the
792 first general election following a trigger of the qualified
793 elector population thresholds set forth below, shall be as
794 follows:
795 (I) Once 3,600 qualified electors reside within the
796 district, one governing board member shall be a person who is
797 a qualified elector of the district and who was elected by the
798 qualified electors, and four governing board members shall be
799 persons who were elected by the landowners.
800 (II) Once 6,600 qualified electors reside within the
801 district, two governing board members shall be persons who are
802 qualified electors of the district and who were elected by the
803 qualified electors, and three governing board members shall be
804 persons elected who were by the landowners.
805 (III) Once 9,600 qualified electors reside within the
806 district, three governing board members shall be persons who
807 are qualified electors of the district and who were elected by
808 the qualified electors and two governing board members shall
809 be persons who were elected by the landowners.
810 (IV) Once 10,600 qualified electors reside within the
811 district, four governing board members shall be persons who
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812 are qualified electors of the district and who were elected by
813 the qualified electors, and one governing board member shall
814 be a person who was elected by the landowners.
815 (V) Once 12,000 qualified electors reside within the
816 district, all five governing board members shall be persons
817 who are qualified electors of the district and who were
818 elected by the qualified electors.
819 Nothing in this sub-subparagraph is intended to require an
820 election prior to the expiration of an existing board member's
821 term.
822 b. On or before June 1 of each election year, the
823 board shall determine the number of qualified electors in the
824 district as of the immediately preceding April 15. The board
825 shall use and rely upon the official records maintained by the
826 supervisor of elections and property appraiser or tax
827 collector in Collier County in making this determination. Such
828 determination shall be made at a properly noticed meeting of
829 the board and shall become a part of the official minutes of
830 the district.
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831 c. All governing board members elected by qualified
832 electors shall be elected at large at an election occurring as
833 provided in subsection (2) and this subsection.
834 d. All governing board members elected by qualified
835 electors shall reside in the district.
836 e. Once the district qualifies to have any of its
837 board members elected by the qualified electors of the
838 district, the initial and all subsequent elections by the
839 qualified electors of the district shall be held at the
840 general election in November. The board shall adopt a
841 resolution, if necessary, to implement this requirement. The
842 transition process described herein is intended to be in lieu
843 of the process set forth in s. 189.041, Florida Statutes.
844 (b) Elections of board members by qualified electors
845 held pursuant to this subsection shall be nonpartisan and
846 shall be conducted in the manner prescribed by law for holding
847 general elections. Board members shall assume the office on
848 the second Tuesday following their election.
849 (c) Candidates seeking election to office by qualified
850 electors under this subsection shall conduct their campaigns
851 in accordance with chapter 106, Florida Statutes, and shall
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852 file qualifying papers and qualify for individual seats in
853 accordance with s. 99.061, Florida Statutes.
854 (d) The supervisor of elections shall appoint the
855 inspectors and clerks of elections, prepare and furnish the
856 ballots, designate polling places, and canvass the returns of
857 the election of board members by qualified electors. The
858 county canvassing board shall declare and certify the results
859 of the election.
860 (4) Members of the board, regardless of how elected,
861 shall be public officers, shall be known as supervisors, and,
862 upon entering into office, shall take and subscribe to the
863 oath of office as prescribed by s. 876.05, Florida Statutes.
864 Members of the board shall be subject to ethics and conflict
865 of interest laws of the state that apply to all local public
866 officers. They shall hold office for the terms for which they
867 were elected or appointed and until their successors are
868 chosen and qualified. If, during the term of office, a vacancy
869 occurs, the remaining members of the board shall fill each
870 vacancy by an appointment for the remainder of the unexpired
871 term.
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872 (5) Any elected member of the board of supervisors may
873 be removed by the Governor for malfeasance, misfeasance,
874 dishonesty, incompetency, or failure to perform the duties
875 imposed upon him or her by this act, and any vacancies that
876 may occur in such office for such reasons shall be filled by
877 the Governor as soon as practicable.
878 (6) A majority of the members of the board constitutes
879 a quorum for the purposes of conducting its business and
880 exercising its powers and for all other purposes. Action taken
881 by the district shall be upon a vote of a majority of the
882 members present unless general law or a rule of the district
883 requires a greater number.
884 (7) As soon as practicable after each election or
885 appointment, the board shall organize by electing one of its
886 members as chair and by electing a secretary, who need not be
887 a member of the board, and such other officers as the board
888 may deem necessary.
889 (8) The board shall keep a permanent record book
890 entitled "Record of Proceedings of Corkscrew Grove Stewardship
891 District," in which shall be recorded minutes of all meetings,
892 resolutions, proceedings, certificates, bonds given by all
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893 employees, and any and all corporate acts. The record book and
894 all other district records shall at reasonable times be opened
895 to inspection in the same manner as state, county, and
896 municipal records pursuant to chapter 119, Florida Statutes.
897 The record book shall be kept at the office or other regular
898 place of business maintained by the board in a designated
899 location in Collier County.
900 (9) No supervisor shall be entitled to receive
901 compensation for his or her services in excess of the limits
902 established in s. 190.006(8), Florida Statutes, or any
903 successor statute thereto; however, each supervisor shall
904 receive travel and per diem expenses as set forth in s.
905 112.061, Florida Statutes.
906 (10) All meetings of the board shall be open to the
907 public and governed by chapter 286, Florida Statutes.
908 Section 6. Board of supervisors; general duties.—
909 (1) DISTRICT MANAGER AND EMPLOYEES.—The board shall
910 employ and fix the compensation of a district manager, who
911 shall have charge and supervision of the works of the district
912 and shall be responsible for preserving and maintaining any
913 improvement or facility constructed or erected pursuant of
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914 this act, for maintaining and operating the equipment owned by
915 the district, and for performing such other duties as may be
916 prescribed by the board. It shall not be a conflict of
917 interest or constitute an abuse of public position under
918 chapter 112, Florida Statutes, for a board member, the
919 district manager, or another employee of the district to be a
920 stockholder, officer, or employee of a landowner or an
921 affiliate of a landowner. The district manager may hire or
922 otherwise employ and terminate the employment of such other
923 persons, including, without limitation, professional,
924 supervisory, and clerical employees, as may be necessary and
925 authorized by the board. The compensation and other conditions
926 of employment of the officers and employees of the district
927 shall be as provided by the board.
928 (2) TREASURER.—The board shall designate a person who
929 is a resident of the state as treasurer of the district, who
930 shall have charge of the funds of the district. Such funds
931 shall be disbursed only upon the order of or pursuant to a
932 resolution of the board by warrant or check countersigned by
933 the treasurer and by such other person as may be authorized by
934 the board. The board may give the treasurer such other or
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935 additional powers and duties as the board may deem appropriate
936 and may fix his or her compensation. The board may require the
937 treasurer to give a bond in such amount, on such terms, and
938 with such sureties as may be deemed satisfactory to the board
939 to secure the performance by the treasurer of his or her
940 powers and duties. The financial records of the board shall be
941 audited by an independent certified public accountant in
942 accordance with the requirements of general law.
943 (3) PUBLIC DEPOSITORY.—The board is authorized to
944 select as a depository for its funds any qualified public
945 depository as defined in s. 280.02, Florida Statutes, which
946 meets all the requirements of chapter 280, Florida Statutes,
947 and has been designated by the treasurer as a qualified public
948 depository upon such terms and conditions as to the payment of
949 interest by such depository upon the funds so deposited as the
950 board may deem just and reasonable.
951 (4) BUDGET; REPORTS AND REVIEWS.—
952 (a) The district shall provide financial reports in
953 such form and such manner as prescribed pursuant to this act
954 and chapter 218, Florida Statutes, as amended from time to
955 time.
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956 (b) On or before July 15 of each year, the district
957 manager shall prepare a proposed budget for the ensuing fiscal
958 year to be submitted to the board for board approval. The
959 proposed budget shall include at the direction of the board an
960 estimate of all necessary expenditures of the district for the
961 ensuing fiscal year and an estimate of income to the district
962 from the taxes and assessments provided in this act. The board
963 shall consider the proposed budget item by item and may either
964 approve the budget as proposed by the district manager or
965 modify the same in part or in whole. The board shall indicate
966 its approval of the budget by resolution, which resolution
967 shall provide for a hearing on the budget as approved. Notice
968 of the hearing on the budget shall be published in a newspaper
969 of general circulation in the area of the district once a week
970 for 2 consecutive weeks, except that the first publication
971 shall be no less than 15 days prior to the date of the
972 hearing. The notice shall further contain a designation of the
973 day, time, and place of the public hearing. At the time and
974 place designated in the notice, the board shall hear all
975 objections to the budget as proposed and may make such changes
976 as the board deems necessary. At the conclusion of the budget
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977 hearing, the board shall, by resolution, adopt the budget as
978 finally approved by the board. The budget shall be adopted
979 prior to October 1 of each year.
980 (c) At least 60 days prior to adoption, the board of
981 supervisors of the district shall submit to the Board of
982 County Commissioners of Collier County, for purposes of
983 disclosure and information only, the proposed annual budget
984 for the ensuing fiscal year, and the commission may submit
985 written comments to the board of supervisors solely for the
986 assistance and information of the board of supervisors of the
987 district in adopting its annual district budget.
988 (d) The board of supervisors of the district shall
989 submit annually a public facilities report to the Board of
990 County Commissioners of Collier County pursuant to Florida
991 Statutes. The commission may use and rely on the district's
992 public facilities report in the preparation or revision of the
993 Collier County comprehensive plan.
994 (5) DISCLOSURE OF PUBLIC INFORMATION; WEB-BASED PUBLIC
995 ACCESS.—The district shall take affirmative steps to provide
996 for the full disclosure of information relating to the public
997 financing and maintenance of improvements to real property
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998 undertaken by the district. Such information shall be made
999 available to all existing residents and all prospective
1000 residents of the district. The district shall furnish each
1001 developer of a residential development within the district
1002 with sufficient copies of that information to provide each
1003 prospective initial purchaser of property in that development
1004 with a copy; and any developer of a residential development
1005 within the district, when required by law to provide a public
1006 offering statement, shall include a copy of such information
1007 relating to the public financing and maintenance of
1008 improvements in the public offering statement. The district
1009 shall file the disclosure documents required by this
1010 subsection and any amendments thereto in the property records
1011 of each county in which the district is located. By the end of
1012 the first full fiscal year of the district's creation, the
1013 district shall maintain an official Internet website in
1014 accordance with s. 189.069, Florida Statutes.
1015 (6) GENERAL POWERS.—The district shall have, and the
1016 board may exercise, the following general powers:
1017 (a) To sue and be sued in the name of the district; to
1018 adopt and use a seal and authorize the use of a facsimile
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1019 thereof; to acquire, by purchase, gift, devise, or otherwise,
1020 and to dispose of, real and personal property, or any estate
1021 therein; and to make and execute contracts and other
1022 instruments necessary or convenient to the exercise of its
1023 powers.
1024 (b) To apply for coverage of its employees under the
1025 Florida Retirement System in the same manner as if such
1026 employees were state employees.
1027 (c) To contract for the services of consultants to
1028 perform planning, engineering, legal, or other appropriate
1029 services of a professional nature. Such contracts shall be
1030 subject to public bidding or competitive negotiation
1031 requirements as set forth in general law applicable to
1032 independent special districts.
1033 (d) To borrow money and accept gifts; to apply for and
1034 use grants or loans of money or other property from the United
1035 States, the state, a unit of local government, or any person
1036 for any district purposes and enter into agreements required
1037 in connection therewith; and to hold, use, and dispose of such
1038 moneys or property for any district purposes in accordance
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1039 with the terms of the gift, grant, loan, or agreement relating
1040 thereto.
1041 (e) To adopt and enforce rules and orders pursuant to
1042 chapter 120, Florida Statutes, prescribing the powers, duties,
1043 and functions of the officers of the district; the conduct of
1044 the business of the district; the maintenance of records; and
1045 the form of certificates evidencing tax liens and all other
1046 documents and records of the district. The board may also
1047 adopt and enforce administrative rules with respect to any of
1048 the projects of the district and define the area to be
1049 included therein. The board may also adopt resolutions which
1050 may be necessary for the conduct of district business.
1051 (f) To maintain an office at such place or places as
1052 the board of supervisors designates in Collier County and
1053 within the district when facilities are available.
1054 (g) To hold, control, and acquire by donation,
1055 purchase, or condemnation, or dispose of, any public
1056 easements, dedications to public use, platted reservations for
1057 public purposes, or any reservations for those purposes
1058 authorized by this act and to make use of such easements,
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1059 dedications, or reservations for the purposes authorized by
1060 this act.
1061 (h) To lease as lessor or lessee to or from any
1062 person, firm, corporation, association, or body, public or
1063 private, any projects of the type that the district is
1064 authorized to undertake and facilities or property of any
1065 nature for the use of the district to carry out the purposes
1066 authorized by this act.
1067 (i) To borrow money and issue bonds, certificates,
1068 warrants, notes, or other evidence of indebtedness as provided
1069 herein; to levy such taxes and assessments as may be
1070 authorized; and to charge, collect, and enforce fees and other
1071 user charges.
1072 (j) To raise, by user charges or fees authorized by
1073 resolution of the board, amounts of money which are necessary
1074 for the conduct of district activities and services and to
1075 enforce their receipt and collection in the manner prescribed
1076 by resolution not inconsistent with law.
1077 (k) To exercise all powers of eminent domain now or
1078 hereafter conferred on counties in this state provided,
1079 however, that such power of eminent domain may not be
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1080 exercised outside the territorial limits of the district
1081 unless the district receives prior approval by vote of a
1082 resolution of the governing body of the county if the taking
1083 will occur in an unincorporated area in that county, or the
1084 governing body of the city if the taking will occur in an
1085 incorporated area. The district shall not have the power to
1086 exercise eminent domain over municipal, county, state, or
1087 federal property. The powers hereinabove granted to the
1088 district shall be so construed to enable the district to
1089 fulfill the objects and purposes of the district as set forth
1090 in this act.
1091 (l) To cooperate with, or contract with, other
1092 governmental agencies as may be necessary, convenient,
1093 incidental, or proper in connection with any of the powers,
1094 duties, or purposes authorized by this act.
1095 (m) To assess and to impose upon lands in the district
1096 ad valorem taxes as provided by this act.
1097 (n) If and when authorized by general law, to
1098 determine, order, levy, impose, collect, and enforce
1099 maintenance taxes.
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1100 (o) To determine, order, levy, impose, collect, and
1101 enforce assessments pursuant to this act and chapter 170,
1102 Florida Statutes, as amended from time to time, pursuant to
1103 authority granted in s. 197.3631, Florida Statutes, or
1104 pursuant to other provisions of general law now or hereinafter
1105 enacted which provide or authorize a supplemental means to
1106 order, levy, impose, or collect special assessments. Such
1107 special assessments, in the discretion of the district, may be
1108 collected and enforced pursuant to ss. 197.3632 and 197.3635,
1109 Florida Statutes, and chapters 170 and 173, Florida Statutes,
1110 as they may be amended from time to time, or as provided by
1111 this act, or by other means authorized by general law now or
1112 hereinafter enacted. The district may levy such special
1113 assessments for the purposes enumerated in this act and to pay
1114 special assessments imposed by Collier County on lands within
1115 the district.
1116 (p) To exercise such special powers and other express
1117 powers as may be authorized and granted by this act in the
1118 charter of the district, including powers as provided in any
1119 interlocal agreement entered into pursuant to chapter 163,
1120 Florida Statutes, or which shall be required or permitted to
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1121 be undertaken by the district pursuant to any development
1122 order, including any detailed specific area plan development
1123 order, or any interlocal service agreement with Collier County
1124 or other unit of government for fair-share capital
1125 construction funding for any certain capital facilities or
1126 systems required of a developer pursuant to any applicable
1127 development order or agreement.
1128 (q) To exercise all of the powers necessary,
1129 convenient, incidental, or proper in connection with any other
1130 powers or duties or the special and limited purpose of the
1131 district authorized by this act.
1132
1133 This subsection shall be construed liberally in order to carry
1134 out effectively the special and limited purpose of this act.
1135 (7) SPECIAL POWERS.—The district shall have, and the
1136 board may exercise, the following special powers to implement
1137 its lawful and special purpose and to provide, pursuant to
1138 that purpose, systems, facilities, services, improvements,
1139 projects, works, and infrastructure, each of which constitutes
1140 a lawful public purpose when exercised pursuant to this
1141 charter, subject to, and not inconsistent with, general law
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1142 regarding utility providers' territorial and service
1143 agreements, the regulatory jurisdiction and permitting
1144 authority of all other applicable governmental bodies,
1145 agencies, and any special districts having authority with
1146 respect to any area included therein, and to plan, establish,
1147 acquire, construct or reconstruct, enlarge or extend, equip,
1148 operate, finance, fund, and maintain improvements, systems,
1149 facilities, services, works, projects, and infrastructure. Any
1150 or all of the following special powers are granted by this act
1151 in order to implement the special and limited purpose of the
1152 district but do not constitute obligations to undertake such
1153 improvements, systems, facilities, services, works, projects
1154 or infrastructure:
1155 (a) To provide water management and control for the
1156 lands within the district, including irrigation systems and
1157 facilities, and to connect some or any of such facilities with
1158 roads and bridges. In the event that the board assumes the
1159 responsibility for providing water management and control for
1160 the district which is to be financed by benefit special
1161 assessments, the board shall adopt plans and assessments
1162 pursuant to law or may proceed to adopt water management and
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1163 control plans, assess for benefits, and apportion and levy
1164 special assessments, as follows:
1165 1. The board shall cause to be made by the district's
1166 engineer, or such other engineer or engineers as the board may
1167 employ for that purpose, complete and comprehensive water
1168 management and control plans for the lands located within the
1169 district that will be improved in any part or in whole by any
1170 system of facilities that may be outlined and adopted, and the
1171 engineer shall make a report in writing to the board with maps
1172 and profiles of said surveys and an estimate of the cost of
1173 carrying out and completing the plans.
1174 2. Upon the completion of such plans, the board shall
1175 hold a hearing thereon to hear objections thereto, shall give
1176 notice of the time and place fixed for such hearing by
1177 publication once each week for 2 consecutive weeks in a
1178 newspaper of general circulation in the general area of the
1179 district, and shall permit the inspection of the plan at the
1180 office of the district by all persons interested. All
1181 objections to the plan shall be filed at or before the time
1182 fixed in the notice for the hearing and shall be in writing.
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1183 3. After the hearing, the board shall consider the
1184 proposed plan and any objections thereto and may modify,
1185 reject, or adopt the plan or continue the hearing until a day
1186 certain for further consideration of the proposed plan or
1187 modifications thereof.
1188 4. When the board approves a plan, a resolution shall
1189 be adopted and a certified copy thereof shall be filed in the
1190 office of the secretary and incorporated by him or her into
1191 the records of the district.
1192 5. The water management and control plan may be
1193 altered in detail from time to time until the engineer's
1194 report pursuant to s. 298.301, Florida Statutes, is filed but
1195 not in such manner as to affect materially the conditions of
1196 its adoption. After the engineer's report has been filed, no
1197 alteration of the plan shall be made, except as provided by
1198 this act.
1199 6. Within 20 days after the final adoption of the plan
1200 by the board, the board shall proceed pursuant to s. 298.301,
1201 Florida Statutes.
1202 (b) To provide water supply, sewer, wastewater, and
1203 reclaimed water management, reclamation, and reuse, or any
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1204 combination thereof, and any irrigation systems, facilities,
1205 and services and to construct and operate water systems, sewer
1206 systems, irrigation systems, and reclaimed water systems such
1207 as connecting intercepting or outlet sewers and sewer mains
1208 and pipes and water mains, conduits, or pipelines in, along,
1209 and under any street, alley, highway, or other public place or
1210 ways, and to dispose of any water, effluent, residue, or other
1211 byproducts of such water system, sewer system, irrigation
1212 system or reclaimed water system and to enter into interlocal
1213 agreements and other agreements with public or private
1214 entities for the same.
1215 (c) To provide bridges, culverts, wildlife corridors,
1216 or road crossings that may be needed across any drain, ditch,
1217 canal, floodway, holding basin, excavation, public highway,
1218 tract, grade, fill, or cut and roadways over levees and
1219 embankments, and to construct any and all of such works and
1220 improvements across, through, or over any public right-of-way,
1221 highway, grade, fill, or cut.
1222 (d) To provide district or other roads equal to or
1223 exceeding the specifications of the county in which such
1224 district or other roads are located, and to provide street
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1225 lights. This special power includes, but is not limited to,
1226 roads, parkways, intersections, bridges, landscaping,
1227 hardscaping, irrigation, bicycle lanes, sidewalks, jogging
1228 paths, multiuse pathways and trails, street lighting, traffic
1229 signals, regulatory or informational signage, road striping,
1230 underground conduit, underground cable or fiber or wire
1231 installed pursuant to an agreement with or tariff of a retail
1232 provider of services, and all other customary elements of a
1233 functioning modern road system in general or as tied to the
1234 conditions of development approval for the area within and
1235 without the district, and parking facilities that are
1236 freestanding or that may be related to any innovative
1237 strategic intermodal system of transportation pursuant to
1238 applicable federal, state, and local law and ordinance.
1239 (e) To provide buses, trolleys, rail access, mass
1240 transit facilities, transit shelters, ridesharing facilities
1241 and services, parking improvements, and related signage.
1242 (f) To provide investigation and remediation costs
1243 associated with the cleanup of actual or perceived
1244 environmental contamination within the district under the
1245 supervision or direction of a competent governmental authority
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1246 unless the covered costs benefit any person who is a landowner
1247 within the district and who caused or contributed to the
1248 contamination.
1249 (g) To provide observation areas, mitigation areas,
1250 wetland creation areas, and wildlife habitat, including the
1251 maintenance of any plant or animal species, and any related
1252 interest in real or personal property.
1253 (h) Using its general and special powers as set forth
1254 in this act, to provide any other project within or without
1255 the boundaries of the district when the project is the subject
1256 of an agreement between the district and the Board of County
1257 Commissioners of Collier County or with any other applicable
1258 public or private entity, and is not inconsistent with the
1259 effective local comprehensive plans.
1260 (i) To provide parks and facilities for indoor and
1261 outdoor recreational, cultural, and educational uses.
1262 (j) To provide school buildings and related
1263 structures, which may be leased, sold, or donated to the
1264 school district, for use in the educational system when
1265 authorized by the district school board.
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1266 (k) To provide security, including electronic
1267 intrusion-detection systems and patrol vehicles, when
1268 authorized by proper governmental agencies, and to contract
1269 with the appropriate local general-purpose government agencies
1270 for an increased level of such services within the district
1271 boundaries. However, this paragraph does not prohibit the
1272 district from contracting with a towing operator to remove a
1273 vehicle or vessel from a district-owned facility or property
1274 if the district follows the authorization and notice and
1275 procedural requirements in s. 715.07, Florida Statutes, for an
1276 owner or lessee of private property. The district’s selection
1277 of a towing operator is not subject to public bidding if the
1278 towing operator is included in an approved list of tow
1279 operators maintained by the local government that has
1280 jurisdiction over the district’s facility or property.
1281 (l) To provide control and elimination of mosquitoes
1282 and other arthropods of public health importance.
1283 (m) To enter into impact fee, mobility fee, or other
1284 similar credit agreements with Collier County or other
1285 governmental bodies or a landowner developer and to sell or
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1286 assign such credits, on such terms as the district deems
1287 appropriate.
1288 (n) To provide buildings and structures for district
1289 offices, maintenance facilities, meeting facilities, town
1290 centers, stadiums or any other project authorized or granted
1291 by this act.
1292 (o) To establish and create, at noticed meetings, such
1293 departments of the board of supervisors of the district, as
1294 well as committees, task forces, boards, or commissions, or
1295 other agencies under the supervision and control of the
1296 district, as from time to time the members of the board may
1297 deem necessary or desirable in the performance of the acts or
1298 other things necessary to exercise the board's general or
1299 special powers to implement an innovative project to carry out
1300 the special and limited purpose of the district as provided in
1301 this act and to delegate the exercise of its powers to such
1302 departments, boards, task forces, committees, or other
1303 agencies, and such administrative duties and other powers as
1304 the board may deem necessary or desirable, but only if there
1305 is a set of expressed limitations for accountability, notice,
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1306 and periodic written reporting to the board that shall retain
1307 the powers of the board.
1308 (p) To provide electrical, sustainable, or green
1309 infrastructure improvements, facilities, and services,
1310 including, but not limited to, recycling of natural resources,
1311 reduction of energy demands, development and generation of
1312 alternative or renewable energy sources and technologies,
1313 mitigation of urban heat islands, sequestration, capping or
1314 trading of carbon emissions or carbon emissions credits, LEED
1315 or Florida Green Building Coalition certification, and
1316 development of facilities and improvements for low-impact
1317 development and to enter into joint ventures, public-private
1318 partnerships, and other agreements and to grant such easements
1319 as may be necessary to accomplish the foregoing. Nothing
1320 herein shall authorize the district to provide electric
1321 service to retail customers or otherwise act to impair
1322 electric utility franchise agreements.
1323 (q) To provide for any facilities or improvements that
1324 may otherwise be provided for by any county or municipality,
1325 including, but not limited to, libraries, annexes,
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1326 substations, and other buildings to house public officials,
1327 staff, and employees.
1328 (r) To provide waste collection and disposal.
1329 (s) To provide for the construction and operation of
1330 communications systems and related infrastructure for the
1331 carriage and distribution of communications services, and to
1332 enter into joint ventures, public-private partnerships, and
1333 other agreements and to grant such easements as may be
1334 necessary to accomplish the foregoing. The term
1335 “communications systems” means all facilities, buildings,
1336 equipment, items, and methods necessary or desirable in order
1337 to provide communications services, including, without
1338 limitation, wires, cables, conduits, wireless cell sites,
1339 computers, modems, satellite antennae sites, transmission
1340 facilities, network facilities, and appurtenant devices
1341 necessary and appropriate to support the provision of
1342 communications services. The term “communications services”
1343 includes, without limitation, Internet, voice telephone or
1344 similar services provided by voiceover Internet protocol,
1345 cable television, data transmission services, electronic
1346 security monitoring services, and multichannel video
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1347 programming distribution services. Nothing herein shall
1348 authorize the district to provide communications services to
1349 retail customers or otherwise act to impair existing service
1350 provider franchise agreements, though the district may
1351 contract with such providers for resale purposes.
1352 (t) To provide health care facilities and to enter
1353 into public-private partnerships and agreements as may be
1354 necessary to accomplish the foregoing.
1355 (u) To coordinate, work with, and, as the board deems
1356 appropriate, enter into interlocal agreements with any public
1357 or private entity for the provision of an institution or
1358 institutions of higher education.
1359 (v) To coordinate, work with, and as the board deems
1360 appropriate, enter into public-private partnerships and
1361 agreements as may be necessary or useful to effectuate the
1362 purposes of this act.
1363 The enumeration of special powers herein shall not be deemed
1364 exclusive or restrictive but shall be deemed to incorporate
1365 all powers express or implied necessary or incidental to
1366 carrying out such enumerated special powers, including also
1367 the general powers provided by this special act charter to the
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1368 district to implement its purposes. Further, this subsection
1369 shall be construed liberally in order to carry out effectively
1370 the special and limited purpose of this district under this
1371 act.
1372 (8) ISSUANCE OF BOND ANTICIPATION NOTES.—In addition
1373 to the other powers provided for in this act, and not in
1374 limitation thereof, the district shall have the power, at any
1375 time and from time to time after the issuance of any bonds of
1376 the district shall have been authorized, to borrow money for
1377 the purposes for which such bonds are to be issued in
1378 anticipation of the receipt of the proceeds of the sale of
1379 such bonds and to issue bond anticipation notes in a principal
1380 sum not in excess of the authorized maximum amount of such
1381 bond issue. Such notes shall be in such denomination or
1382 denominations, bear interest at such rate not to exceed the
1383 maximum rate allowed by general law, mature at such time or
1384 times not later than 5 years from the date of issuance, and be
1385 in such form and executed in such manner as the board shall
1386 prescribe. Such notes may be sold at either public or private
1387 sale or, if such notes shall be renewal notes, may be
1388 exchanged for notes then outstanding on such terms as the
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1389 board shall determine. Such notes shall be paid from the
1390 proceeds of such bonds when issued. The board may, in its
1391 discretion, in lieu of retiring the notes by means of bonds,
1392 retire them by means of current revenues or from any taxes or
1393 assessments levied for the payment of such bonds, but, in such
1394 event, a like amount of the bonds authorized shall not be
1395 issued.
1396 (9) BORROWING.—The district at any time may obtain
1397 loans, in such amount and on such terms and conditions as the
1398 board may approve, for the purpose of paying any of the
1399 expenses of the district or any costs incurred or that may be
1400 incurred in connection with any of the projects of the
1401 district, which loans shall bear interest as the board
1402 determines, not to exceed the maximum rate allowed by general
1403 law, and may be payable from and secured by a pledge of such
1404 funds, revenues, taxes, and assessments as the board may
1405 determine, subject, however, to the provisions contained in
1406 any proceeding under which bonds were theretofore issued and
1407 are then outstanding. For the purpose of defraying such costs
1408 and expenses, the district may issue negotiable notes,
1409 warrants, or other evidences of debt to be payable at such
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1410 times and to bear such interest as the board may determine,
1411 not to exceed the maximum rate allowed by general law, and to
1412 be sold or discounted at such price or prices not less than 95
1413 percent of par value and on such terms as the board may deem
1414 advisable. The board shall have the right to provide for the
1415 payment thereof by pledging the whole or any part of the
1416 funds, revenues, taxes, and assessments of the district or by
1417 covenanting to budget and appropriate from such funds. The
1418 approval of the electors residing in the district shall not be
1419 necessary except when required by the State Constitution.
1420 (10) BONDS.—
1421 (a) Sale of bonds.—Bonds may be sold in blocks or
1422 installments at different times, or an entire issue or series
1423 may be sold at one time. Bonds may be sold at public or
1424 private sale after such advertisement, if any, as the board
1425 may deem advisable, but not in any event at less than 90
1426 percent of the par value thereof, together with accrued
1427 interest thereon. Bonds may be sold or exchanged for refunding
1428 bonds. Special assessment and revenue bonds may be delivered
1429 by the district as payment of the purchase price of any
1430 project or part thereof, or a combination of projects or parts
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1431 thereof, or as the purchase price or exchange for any
1432 property, real, personal, or mixed, including franchises or
1433 services rendered by any contractor, engineer, or other
1434 person, all at one time or in blocks from time to time, in
1435 such manner and upon such terms as the board in its discretion
1436 shall determine. The price or prices for any bonds sold,
1437 exchanged, or delivered may be:
1438 1. The money paid for the bonds.
1439 2. The principal amount, plus accrued interest to the
1440 date of redemption or exchange, or outstanding obligations
1441 exchanged for refunding bonds.
1442 3. In the case of special assessment or revenue bonds,
1443 the amount of any indebtedness to contractors or other persons
1444 paid with such bonds, or the fair value of any properties
1445 exchanged for the bonds, as determined by the board.
1446 (b) Authorization and form of bonds.—Any general
1447 obligation bonds, special assessment bonds, or revenue bonds
1448 may be authorized by resolution or resolutions of the board
1449 which shall be adopted by a majority of all the members
1450 thereof then in office. Such resolution or resolutions may be
1451 adopted at the same meeting at which they are introduced and
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1452 need not be published or posted. The board may, by resolution,
1453 authorize the issuance of bonds and fix the aggregate amount
1454 of bonds to be issued; the purpose or purposes for which the
1455 moneys derived therefrom shall be expended, including, but not
1456 limited to, payment of costs as defined in section 2(2)(i); the
1457 rate or rates of interest, not to exceed the maximum rate
1458 allowed by general law; the denomination of the bonds; whether
1459 or not the bonds are to be issued in one or more series; the
1460 date or dates of maturity, which shall not exceed 40 years
1461 from their respective dates of issuance; the medium of
1462 payment; the place or places within or without the state at
1463 which payment shall be made; registration privileges;
1464 redemption terms and privileges, whether with or without
1465 premium; the manner of execution; the form of the bonds,
1466 including any interest coupons to be attached thereto; the
1467 manner of execution of bonds and coupons; and any and all
1468 other terms, covenants, and conditions thereof and the
1469 establishment of revenue or other funds. Such authorizing
1470 resolution or resolutions may further provide for the
1471 contracts authorized by s. 159.825(1)(f) and (g), Florida
1472 Statutes, regardless of the tax treatment of such bonds being
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1473 authorized, subject to the finding by the board of a net
1474 saving to the district resulting by reason thereof. Such
1475 authorizing resolution may further provide that such bonds may
1476 be executed in accordance with the Registered Public
1477 Obligations Act, except that bonds not issued in registered
1478 form shall be valid if manually countersigned by an officer
1479 designated by appropriate resolution of the board. The seal of
1480 the district may be affixed, lithographed, engraved, or
1481 otherwise reproduced in facsimile on such bonds. In case any
1482 officer whose signature shall appear on any bonds or coupons
1483 shall cease to be such officer before the delivery of such
1484 bonds, such signature or facsimile shall nevertheless be valid
1485 and sufficient for all purposes the same as if he or she had
1486 remained in office until such delivery.
1487 (c) Interim certificates; replacement certificates.—
1488 Pending the preparation of definitive bonds, the board may
1489 issue interim certificates or receipts or temporary bonds, in
1490 such form and with such provisions as the board may determine,
1491 exchangeable for definitive bonds when such bonds have been
1492 executed and are available for delivery. The board may also
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1493 provide for the replacement of any bonds which become
1494 mutilated, lost, or destroyed.
1495 (d) Negotiability of bonds.—Any bond issued under this
1496 act or any temporary bond, in the absence of an express
1497 recital on the face thereof that it is nonnegotiable, shall be
1498 fully negotiable and shall be and constitute a negotiable
1499 instrument within the meaning and for all purposes of the law
1500 merchant and the laws of the state.
1501 (e) Defeasance.—The board may make such provision with
1502 respect to the defeasance of the right, title, and interest of
1503 the holders of any of the bonds and obligations of the
1504 district in any revenues, funds, or other properties by which
1505 such bonds are secured as the board deems appropriate and,
1506 without limitation on the foregoing, may provide that when
1507 such bonds or obligations become due and payable or shall have
1508 been called for redemption and the whole amount of the
1509 principal and interest and premium, if any, due and payable
1510 upon the bonds or obligations then outstanding shall be held
1511 in trust for such purpose, and provision shall also be made
1512 for paying all other sums payable in connection with such
1513 bonds or other obligations, then and in such event the right,
Page 403 of 5419
1514 title, and interest of the holders of the bonds in any
1515 revenues, funds, or other properties by which such bonds are
1516 secured shall thereupon cease, terminate, and become void; and
1517 the board may apply any surplus in any sinking fund
1518 established in connection with such bonds or obligations and
1519 all balances remaining in all other funds or accounts other
1520 than moneys held for the redemption or payment of the bonds or
1521 other obligations to any lawful purpose of the district as the
1522 board shall determine.
1523 (f) Issuance of additional bonds.—If the proceeds of
1524 any bonds are less than the cost of completing the project in
1525 connection with which such bonds were issued, the board may
1526 authorize the issuance of additional bonds, upon such terms
1527 and conditions as the board may provide in the resolution
1528 authorizing the issuance thereof, but only in compliance with
1529 the resolution or other proceedings authorizing the issuance
1530 of the original bonds.
1531 (g) Refunding bonds.—The district shall have the power
1532 to issue bonds to provide for the retirement or refunding of
1533 any bonds or obligations of the district that at the time of
1534 such issuance are or subsequent thereto become due and
Page 404 of 5419
1535 payable, or that at the time of issuance have been called or
1536 are, or will be, subject to call for redemption within 10
1537 years thereafter, or the surrender of which can be procured
1538 from the holders thereof at prices satisfactory to the board.
1539 Refunding bonds may be issued at any time that in the judgment
1540 of the board such issuance will be advantageous to the
1541 district. No approval of the qualified electors residing in
1542 the district shall be required for the issuance of refunding
1543 bonds except in cases in which such approval is required by
1544 the State Constitution. The board may by resolution confer
1545 upon the holders of such refunding bonds all rights, powers,
1546 and remedies to which the holders would be entitled if they
1547 continued to be the owners and had possession of the bonds for
1548 the refinancing of which such refunding bonds are issued,
1549 including, but not limited to, the preservation of the lien of
1550 such bonds on the revenues of any project or on pledged funds,
1551 without extinguishment, impairment, or diminution thereof. The
1552 provisions of this act pertaining to bonds of the district
1553 shall, unless the context otherwise requires, govern the
1554 issuance of refunding bonds, the form and other details
Page 405 of 5419
1555 thereof, the rights of the holders thereof, and the duties of
1556 the board with respect thereto.
1557 (h) Revenue bonds.—
1558 1. The district shall have the power to issue revenue
1559 bonds from time to time without limitation as to amount. Such
1560 revenue bonds may be secured by, or payable from, the gross or
1561 net pledge of the revenues to be derived from any project or
1562 combination of projects; from the rates, fees, or other
1563 charges to be collected from the users of any project or
1564 projects; from any revenue-producing undertaking or activity
1565 of the district; from special assessments; from benefit
1566 special assessments; or from any other source or pledged
1567 security. Such bonds shall not constitute an indebtedness of
1568 the district, and the approval of the qualified electors shall
1569 not be required unless such bonds are additionally secured by
1570 the full faith and credit and taxing power of the district.
1571 2. Any two or more projects may be combined and
1572 consolidated into a single project and may hereafter be
1573 operated and maintained as a single project. The revenue bonds
1574 authorized herein may be issued to finance any one or more of
1575 such projects, regardless of whether such projects have been
Page 406 of 5419
1576 combined and consolidated into a single project. If the board
1577 deems it advisable, the proceedings authorizing such revenue
1578 bonds may provide that the district may thereafter combine the
1579 projects then being financed or theretofore financed with
1580 other projects to be subsequently financed by the district and
1581 that revenue bonds to be thereafter issued by the district
1582 shall be on parity with the revenue bonds then being issued,
1583 all on such terms, conditions, and limitations as shall have
1584 been provided in the proceeding which authorized the original
1585 bonds.
1586 (i) General obligation bonds.—
1587 1. Subject to the limitations of this charter, the
1588 district shall have the power from time to time to issue
1589 general obligation bonds to finance or refinance capital
1590 projects or to refund outstanding bonds in an aggregate
1591 principal amount of bonds outstanding at any one time not in
1592 excess of 35 percent of the assessed value of the taxable
1593 property within the district as shown on the pertinent tax
1594 records at the time of the authorization of the general
1595 obligation bonds for which the full faith and credit of the
1596 district is pledged. Except for refunding bonds, no general
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1597 obligation bonds shall be issued unless the bonds are issued
1598 to finance or refinance a capital project and the issuance has
1599 been approved at an election held in accordance with the
1600 requirements for such election as prescribed by the State
1601 Constitution. Such elections shall be called to be held in the
1602 district by the Collier County Supervisor of Elections upon
1603 the request of the board of the district. The expenses of
1604 calling and holding an election shall be at the expense of the
1605 district and the district shall reimburse the county for any
1606 expenses incurred in calling or holding such election.
1607 2. The district may pledge its full faith and credit
1608 for the payment of the principal and interest on such general
1609 obligation bonds and for any reserve funds provided therefor
1610 and may unconditionally and irrevocably pledge itself to levy
1611 ad valorem taxes on all taxable property in the district, to
1612 the extent necessary for the payment thereof, without
1613 limitation as to rate or amount.
1614 3. If the board determines to issue general obligation
1615 bonds for more than one capital project, the approval of the
1616 issuance of the bonds for each and all such projects may be
1617 submitted to the electors on one and the same ballot. The
Page 408 of 5419
1618 failure of the electors to approve the issuance of bonds for
1619 any one or more capital projects shall not defeat the approval
1620 of bonds for any capital project which has been approved by
1621 the electors.
1622 4. In arriving at the amount of general obligation
1623 bonds permitted to be outstanding at any one time pursuant to
1624 subparagraph 1., there shall not be included any general
1625 obligation bonds that are additionally secured by the pledge
1626 of:
1627 a. Any assessments levied in an amount sufficient to
1628 pay the principal and interest on the general obligation bonds
1629 so additionally secured, which assessments have been equalized
1630 and confirmed by resolution of the board pursuant to this act
1631 or s. 170.08, Florida Statutes.
1632 b. Water revenues, sewer revenues, or water and sewer
1633 revenues of the district to be derived from user fees in an
1634 amount sufficient to pay the principal and interest on the
1635 general obligation bonds so additionally secured.
1636 c. Any combination of assessments and revenues
1637 described in sub-subparagraphs a. and b.
1638 (j) Bonds as legal investment or security.—
Page 409 of 5419
1639 1. Notwithstanding any provisions of any other law to
1640 the contrary, all bonds issued under this act shall constitute
1641 legal investments for savings banks, banks, trust companies,
1642 insurance companies, executors, administrators, trustees,
1643 guardians, and other fiduciaries and for any board, body,
1644 agency, instrumentality, county, municipality, or other
1645 political subdivision of the state and shall be and constitute
1646 security which may be deposited by banks or trust companies as
1647 security for deposits of state, county, municipal, or other
1648 public funds or by insurance companies as required or
1649 voluntary statutory deposits.
1650 2. Any bonds issued by the district shall be
1651 incontestable in the hands of bona fide purchasers or holders
1652 for value and shall not be invalid because of any irregularity
1653 or defect in the proceedings for the issue and sale thereof.
1654 (k) Covenants.—Any resolution authorizing the issuance
1655 of bonds may contain such covenants as the board may deem
1656 advisable, and all such covenants shall constitute valid and
1657 legally binding and enforceable contracts between the district
1658 and the bondholders, regardless of the time of issuance
1659 thereof.
Page 410 of 5419
1660 Such covenants may include, without limitation, covenants
1661 concerning the disposition of the bond proceeds; the use and
1662 disposition of project revenues; the pledging of revenues,
1663 taxes, and assessments; the obligations of the district with
1664 respect to the operation of the project and the maintenance of
1665 adequate project revenues; the issuance of additional bonds;
1666 the appointment, powers, and duties of trustees and receivers;
1667 the acquisition of outstanding bonds and obligations;
1668 restrictions on the establishing of competing projects or
1669 facilities; restrictions on the sale or disposal of the assets
1670 and property of the district; the priority of assessment
1671 liens; the priority of claims by bondholders on the taxing
1672 power of the district; the maintenance of deposits to ensure
1673 the payment of revenues by users of district facilities and
1674 services; the discontinuance of district services by reason of
1675 delinquent payments; acceleration upon default; the execution
1676 of necessary instruments; the procedure for amending or
1677 abrogating covenants with the bondholders; and such other
1678 covenants as may be deemed necessary or desirable for the
1679 security of the bondholders.
Page 411 of 5419
1680 (l) Validation proceedings.—The power of the district
1681 to issue bonds under this act may be determined, and any of
1682 the bonds of the district maturing over a period of more than
1683 5 years shall be validated and confirmed, by court decree,
1684 under chapter 75, Florida Statutes, and laws amendatory
1685 thereof or supplementary thereto.
1686 (m) Tax exemption.—To the extent allowed by general
1687 law, all bonds issued hereunder and interest paid thereon and
1688 all fees, charges, and other revenues derived by the district
1689 from the projects provided by this act are exempt from all
1690 taxes by the state or by any political subdivision, agency, or
1691 instrumentality thereof; however, any interest, income, or
1692 profits on debt obligations issued hereunder are not exempt
1693 from the tax imposed by chapter 220, Florida Statutes.
1694 Further, the district is not exempt from chapter 212, Florida
1695 Statutes.
1696 (n) Application of s. 189.051, Florida Statutes.—Bonds
1697 issued by the district shall meet the criteria set forth in s.
1698 189.051, Florida Statutes.
1699 (o) Act furnishes full authority for issuance of
1700 bonds.—This act constitutes full and complete authority for
Page 412 of 5419
1701 the issuance of bonds and the exercise of the powers of the
1702 district provided herein. No procedures or proceedings,
1703 publications, notices, consents, approvals, orders, acts, or
1704 things by the board, or any board, officer, commission,
1705 department, agency, or instrumentality of the district, other
1706 than those required by this act, shall be required to perform
1707 anything under this act, except that the issuance or sale of
1708 bonds pursuant to this act shall comply with the general law
1709 requirements applicable to the issuance or sale of bonds by
1710 the district. Nothing in this act shall be construed to
1711 authorize the district to utilize bond proceeds to fund the
1712 ongoing operations of the district.
1713 (p) Pledge by the state to the bondholders of the
1714 district.—The state pledges to the holders of any bonds issued
1715 under this act that it will not limit or alter the rights of
1716 the district to own, acquire, construct, reconstruct, improve,
1717 maintain, operate, or furnish the projects or to levy and
1718 collect the taxes, assessments, rentals, rates, fees, and
1719 other charges provided for herein and to fulfill the terms of
1720 any agreement made with the holders of such bonds or other
Page 413 of 5419
1721 obligations and that it will not in any way impair the rights
1722 or remedies of such holders.
1723 (q) Default.—A default on the bonds or obligations of
1724 the district shall not constitute a debt or obligation of the
1725 state or any general-purpose local government of the state. In
1726 the event of a default or dissolution of the district, no
1727 general-purpose local government shall be required to assume
1728 the property of the district, the debts of the district, or
1729 the district's obligations to complete any infrastructure
1730 improvements or provide any services to the district. The
1731 provisions of s. 189.076(2), Florida Statutes, shall not apply
1732 to the district.
1733 (11) TRUST AGREEMENTS.—Any issue of bonds shall be
1734 secured by a trust agreement or resolution by and between the
1735 district and a corporate trustee or trustees, which may be any
1736 trust company or bank having the powers of a trust company
1737 within or without the state. The resolution authorizing the
1738 issuance of the bonds or such trust agreement may pledge the
1739 revenues to be received from any projects of the district and
1740 may contain such provisions for protecting and enforcing the
1741 rights and remedies of the bondholders as the board may
Page 414 of 5419
1742 approve, including, without limitation, covenants setting
1743 forth the duties of the district in relation to: the
1744 acquisition, construction, reconstruction, improvement,
1745 maintenance, repair, operation, and insurance of any projects;
1746 the fixing and revising of the rates, fees, and charges; and
1747 the custody, safeguarding, and application of all moneys and
1748 for the employment of consulting engineers in connection with
1749 such acquisition, construction, reconstruction, improvement,
1750 maintenance, repair, or operation. It shall be lawful for any
1751 bank or trust company within or without the state which may
1752 act as a depository of the proceeds of bonds or of revenues to
1753 furnish such indemnifying bonds or to pledge such securities
1754 as may be required by the district. Such resolution or trust
1755 agreement may set forth the rights and remedies of the
1756 bondholders and of the trustee, if any, and may restrict the
1757 individual right of action by bondholders. The board may
1758 provide for the payment of proceeds of the sale of the bonds
1759 and the revenues of any project to such officer, board, or
1760 depository as it may designate for the custody thereof and may
1761 provide for the method of disbursement thereof with such
1762 safeguards and restrictions as it may determine. All expenses
Page 415 of 5419
1763 incurred in carrying out the provisions of such resolution or
1764 trust agreement may be treated as part of the cost of
1765 operation of the project to which such resolution or trust
1766 agreement pertains.
1767 (12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
1768 ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
1769 ASSESSMENTS; MAINTENANCE TAXES.—
1770 (a) Ad valorem taxes.—At such time as all members of
1771 the board are qualified electors who are elected by qualified
1772 electors of the district, the board shall have the power to
1773 levy and assess an ad valorem tax on all the taxable property
1774 in the district to construct, operate, and maintain assessable
1775 improvements; to pay the principal of, and interest on, any
1776 general obligation bonds of the district; and to provide for
1777 any sinking or other funds established in connection with any
1778 such bonds. An ad valorem tax levied by the board for
1779 operating purposes, exclusive of debt service on bonds, shall
1780 not exceed 3 mills. The ad valorem tax provided for herein
1781 shall be in addition to county and all other ad valorem taxes
1782 provided for by law. Such tax shall be assessed, levied, and
1783 collected in the same manner and at the same time as county
Page 416 of 5419
1784 taxes. The levy of ad valorem taxes must be approved by
1785 referendum as required by s. 9, Article VII of the State
1786 Constitution.
1787 (b) Benefit special assessments.—The board annually
1788 shall determine, order, and levy the annual installment of the
1789 total benefit special assessments for bonds issued and related
1790 expenses to finance assessable improvements. These assessments
1791 may be due and collected during each year county taxes are due
1792 and collected, in which case such annual installment and levy
1793 shall be evidenced to and certified to the property appraiser
1794 by the board not later than August 31 of each year. Such
1795 assessment shall be entered by the property appraiser on the
1796 county tax rolls and shall be collected and enforced by the
1797 tax collector in the same manner and at the same time as
1798 county taxes, and the proceeds thereof shall be paid to the
1799 district. However, this paragraph shall not prohibit the
1800 district in its discretion from using the method prescribed in
1801 s. 197.3632, Florida Statutes, or chapter 173, Florida
1802 Statutes, as each may be amended from time to time, for
1803 collecting and enforcing these assessments. Each annual
1804 installment of benefit special assessments shall be a lien on
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1805 the property against which assessed until paid and shall be
1806 enforceable in like manner as county taxes. The amount of the
1807 assessment for the exercise of the district's powers under
1808 subsections (6) and (7) shall be determined by the board based
1809 upon a report of the district's engineer and assessed by the
1810 board upon such lands, which may be part or all of the lands
1811 within the district benefited by the improvement, apportioned
1812 between benefited lands in proportion to the benefits received
1813 by each tract of land. The board may, if it determines it is
1814 in the best interests of the district, set forth in the
1815 proceedings initially levying such benefit special assessments
1816 or in subsequent proceedings a formula for the determination
1817 of an amount, which when paid by a taxpayer with respect to
1818 any tax parcel, shall constitute a prepayment of all future
1819 annual installments of such benefit special assessments and
1820 that the payment of which amount with respect to such tax
1821 parcel shall relieve and discharge such tax parcel of the lien
1822 of such benefit special assessments and any subsequent annual
1823 installment thereof. The board may provide further that upon
1824 delinquency in the payment of any annual installment of
1825 benefit special assessments, the prepayment amount of all
Page 418 of 5419
1826 future annual installments of benefit special assessments as
1827 determined in the preceding sentence shall be and become
1828 immediately due and payable together with such delinquent
1829 annual installment.
1830 (c) Non-ad valorem maintenance taxes.—If and when
1831 authorized by general law, to maintain and to preserve the
1832 physical facilities and services constituting the works,
1833 improvements, or infrastructure owned by the district pursuant
1834 to this act, to repair and restore any one or more of them,
1835 when needed, and to defray the current expenses of the
1836 district, including any sum which may be required to pay state
1837 and county ad valorem taxes on any lands which may have been
1838 purchased and which are held by the district under this act,
1839 the board of supervisors may, upon the completion of said
1840 systems, facilities, services, works, improvements, or
1841 infrastructure, in whole or in part, as may be certified to
1842 the board by the engineer of the board, levy annually a non-ad
1843 valorem and nonmillage tax upon each tract or parcel of land
1844 within the district, to be known as a "maintenance tax." This
1845 non-ad valorem maintenance tax shall be apportioned upon the
1846 basis of the net assessments of benefits assessed as accruing
Page 419 of 5419
1847 from the original construction and shall be evidenced to and
1848 certified by the board of supervisors of the district not
1849 later than June 1 of each year to the Collier County tax
1850 collector and shall be extended on the tax rolls and collected
1851 by the tax collector on the merged collection roll of the tax
1852 collector in the same manner and at the same time as county ad
1853 valorem taxes, and the proceeds therefrom shall be paid to the
1854 district. This non-ad valorem maintenance tax shall be a lien
1855 until paid on the property against which assessed and
1856 enforceable in like manner and of the same dignity as county
1857 ad valorem taxes.
1858 (d) Maintenance special assessments.—To maintain and
1859 preserve the facilities and projects of the district, the
1860 board may levy a maintenance special assessment. This
1861 assessment may be evidenced to and certified to the tax
1862 collector by the board of supervisors not later than August 31
1863 of each year and shall be entered by the property appraiser on
1864 the county tax rolls and shall be collected and enforced by
1865 the tax collector in the same manner and at the same time as
1866 county taxes, and the proceeds therefrom shall be paid to the
1867 district. However, this paragraph shall not prohibit the
Page 420 of 5419
1868 district in its discretion from using the method prescribed in
1869 s. 197.363, s. 197.3631, or s. 197.3632, Florida Statutes, for
1870 collecting and enforcing these assessments. These maintenance
1871 special assessments shall be a lien on the property against
1872 which assessed until paid and shall be enforceable in like
1873 manner as county taxes. The amount of the maintenance special
1874 assessment for the exercise of the district's powers under
1875 this section shall be determined by the board based upon a
1876 report of the district's engineer and assessed by the board
1877 upon such lands, which may be all of the lands within the
1878 district benefited by the maintenance thereof, apportioned
1879 between the benefited lands in proportion to the benefits
1880 received by each tract of land.
1881 (e) Special assessments.—The board may levy and impose
1882 any special assessments pursuant to this subsection.
1883 (f) Enforcement of taxes.—The collection and
1884 enforcement of all taxes levied by the district shall be at
1885 the same time and in like manner as county taxes, and the
1886 provisions of the laws of Florida relating to the sale of
1887 lands for unpaid and delinquent county taxes; the issuance,
1888 sale, and delivery of tax certificates for such unpaid and
Page 421 of 5419
1889 delinquent county taxes; the redemption thereof; the issuance
1890 to individuals of tax deeds based thereon; and all other
1891 procedures in connection therewith shall be applicable to the
1892 district to the same extent as if such statutory provisions
1893 were expressly set forth herein. All taxes shall be subject to
1894 the same discounts as county taxes.
1895 (g) When unpaid tax is delinquent; penalty.—All taxes
1896 provided for in this act shall become delinquent and bear
1897 penalties on the amount of such taxes in the same manner as
1898 county taxes.
1899 (h) Status of assessments.—Benefit special
1900 assessments, maintenance special assessments, and special
1901 assessments are hereby found and determined to be non-ad
1902 valorem assessments as defined by s. 197.3632, Florida
1903 Statutes. Maintenance taxes are non-ad valorem taxes and are
1904 not special assessments.
1905 (i) Assessments constitute liens; collection.—Any and
1906 all assessments, including special assessments, benefit
1907 special assessments, and maintenance special assessments
1908 authorized by this section, and including special assessments
1909 as defined by section 2(2)(aa) and granted and authorized by
Page 422 of 5419
1910 this subsection, and including maintenance taxes if authorized
1911 by general law, shall constitute a lien on the property
1912 against which assessed from the date of levy and imposition
1913 thereof until paid, coequal with the lien of state, county,
1914 municipal, and school board taxes. These assessments may be
1915 collected, at the district's discretion, under authority of s.
1916 197.3631, Florida Statutes, as amended from time to time, by
1917 the tax collector pursuant to ss. 197.3632 and 197.3635,
1918 Florida Statutes, as amended from time to time, or in
1919 accordance with other collection measures provided by law. In
1920 addition to, and not in limitation of, any powers otherwise
1921 set forth herein or in general law, these assessments may also
1922 be enforced pursuant to chapter 173, Florida Statutes, as
1923 amended from time to time.
1924 (j) Land owned by governmental entity.—Except as
1925 otherwise provided by law, no levy of ad valorem taxes or non-
1926 ad valorem assessments under this act or chapter 170 or
1927 chapter 197, Florida Statutes, as each may be amended from
1928 time to time, or otherwise, by a board of the district, on
1929 property of a governmental entity that is subject to a ground
1930 lease as described in s. 190.003(14), Florida Statutes, shall
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1931 constitute a lien or encumbrance on the underlying fee
1932 interest of such governmental entity.
1933 (13) SPECIAL ASSESSMENTS.—
1934 (a) As an alternative method to the levy and
1935 imposition of special assessments pursuant to chapter 170,
1936 Florida Statutes, pursuant to the authority of s. 197.3631,
1937 Florida Statutes, or pursuant to other provisions of general
1938 law, now or hereafter enacted, which provide a supplemental
1939 means or authority to impose, levy, and collect special
1940 assessments as otherwise authorized under this act, the board
1941 may levy and impose special assessments to finance the
1942 exercise of any of its powers permitted under this act using
1943 the following uniform procedures:
1944 1. At a noticed meeting, the board of supervisors of
1945 the district may consider and review an engineer's report on
1946 the costs of the systems, facilities, and services to be
1947 provided, a preliminary special assessment methodology, and a
1948 preliminary roll based on acreage or platted lands, depending
1949 upon whether platting has occurred.
1950 a. The special assessment methodology shall address
1951 and discuss and the board shall consider whether the systems,
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1952 facilities, and services being contemplated will result in
1953 special benefits peculiar to the property, different in kind
1954 and degree than general benefits, as a logical connection
1955 between the systems, facilities, and services themselves and
1956 the property, and whether the duty to pay the special
1957 assessments by the property owners is apportioned in a manner
1958 that is fair and equitable and not in excess of the special
1959 benefit received. It shall be fair and equitable to designate
1960 a fixed proportion of the annual debt service, together with
1961 interest thereon, on the aggregate principal amount of bonds
1962 issued to finance such systems, facilities, and services which
1963 give rise to unique, special, and peculiar benefits to
1964 property of the same or similar characteristics under the
1965 special assessment methodology so long as such fixed
1966 proportion does not exceed the unique, special, and peculiar
1967 benefits enjoyed by such property from such systems,
1968 facilities, and services.
1969 b. The engineer's cost report shall identify the
1970 nature of the proposed systems, facilities, and services,
1971 their location, a cost breakdown plus a total estimated cost,
1972 including cost of construction or reconstruction, labor, and
Page 425 of 5419
1973 materials, lands, property, rights, easements, franchises, or
1974 systems, facilities, and services to be acquired, cost of
1975 plans and specifications, surveys of estimates of costs and
1976 revenues, costs of engineering, legal, and other professional
1977 consultation services, and other expenses or costs necessary
1978 or incidental to determining the feasibility or practicability
1979 of such construction, reconstruction, or acquisition,
1980 administrative expenses, relationship to the authority and
1981 power of the district in its charter, and such other expenses
1982 or costs as may be necessary or incidental to the financing to
1983 be authorized by the board of supervisors.
1984 c. The preliminary special assessment roll will be in
1985 accordance with the assessment methodology as may be adopted
1986 by the board of supervisors; the special assessment roll shall
1987 be completed as promptly as possible and shall show the
1988 acreage, lots, lands, or plats assessed and the amount of the
1989 fairly and reasonably apportioned assessment based on special
1990 and peculiar benefit to the property, lot, parcel, or acreage
1991 of land; and, if the special assessment against such lot,
1992 parcel, acreage, or portion of land is to be paid in
1993 installments, the number of annual installments in which the
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1994 special assessment is divided shall be entered into and shown
1995 upon the special assessment roll.
1996 2. The board of supervisors of the district may
1997 determine and declare by an initial special assessment
1998 resolution to levy and assess the special assessments with
1999 respect to assessable improvements stating the nature of the
2000 systems, facilities, and services, improvements, projects, or
2001 infrastructure constituting such assessable improvements, the
2002 information in the engineer's cost report, the information in
2003 the special assessment methodology as determined by the board
2004 at the noticed meeting and referencing and incorporating as
2005 part of the resolution the engineer's cost report, the
2006 preliminary special assessment methodology, and the
2007 preliminary special assessment roll as referenced exhibits to
2008 the resolution by reference. If the board determines to
2009 declare and levy the special assessments by the initial
2010 special assessment resolution, the board shall also adopt and
2011 declare a notice resolution which shall provide and cause the
2012 initial special assessment resolution to be published once a
2013 week for a period of 2 weeks in newspapers of general
2014 circulation published in Collier County and said board shall
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2015 by the same resolution fix a time and place at which the owner
2016 or owners of the property to be assessed or any other persons
2017 interested therein may appear before said board and be heard
2018 as to the propriety and advisability of making such
2019 improvements, as to the costs thereof, as to the manner of
2020 payment therefor, and as to the amount thereof to be assessed
2021 against each property so improved. Thirty days' notice in
2022 writing of such time and place shall be given to such property
2023 owners. The notice shall include the amount of the special
2024 assessment and shall be served by mailing a copy to each
2025 assessed property owner at his or her last known address, the
2026 names and addresses of such property owners to be obtained
2027 from the record of the property appraiser of the county
2028 political subdivision in which the land is located or from
2029 such other sources as the district manager or engineer deems
2030 reliable, and proof of such mailing shall be made by the
2031 affidavit of the district manager or by the engineer, said
2032 proof to be filed with the district manager, provided that
2033 failure to mail said notice or notices shall not invalidate
2034 any of the proceedings hereunder. It is provided further that
2035 the last publication shall be at least 1 week prior to the
Page 428 of 5419
2036 date of the hearing on the final special assessment
2037 resolution. Said notice shall describe the general areas to be
2038 improved and advise all persons interested that the
2039 description of each property to be assessed and the amount to
2040 be assessed to each piece, parcel, lot, or acre of property
2041 may be ascertained at the office of the district manager. Such
2042 service by publication shall be verified by the affidavit of
2043 the publisher and filed with the district manager. Moreover,
2044 the initial special assessment resolution with its attached,
2045 referenced, and incorporated engineer's cost report,
2046 preliminary special assessment methodology, and preliminary
2047 special assessment roll, along with the notice resolution,
2048 shall be available for public inspection at the office of the
2049 district manager and the office of the engineer or any other
2050 office designated by the board of supervisors in the notice
2051 resolution. Notwithstanding the foregoing, the landowners of
2052 all of the property which is proposed to be assessed may give
2053 the district written notice of waiver of any notice and
2054 publication provided for in this subparagraph and such notice
2055 and publication shall not be required, provided, however, that
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2056 any meeting of the board of supervisors to consider such
2057 resolution shall be a publicly noticed meeting.
2058 3. At the time and place named in the noticed
2059 resolution as provided for in subparagraph 2., the board of
2060 supervisors of the district shall meet and hear testimony from
2061 affected property owners as to the propriety and advisability
2062 of making the systems, facilities, services, projects, works,
2063 improvements, or infrastructure and funding them with
2064 assessments referenced in the initial special assessment
2065 resolution on the property. Following the testimony and
2066 questions from the members of the board or any professional
2067 advisors to the district of the preparers of the engineer's
2068 cost report, the special assessment methodology, and the
2069 special assessment roll, the board of supervisors shall make a
2070 final decision on whether to levy and assess the particular
2071 special assessments. Thereafter, the board of supervisors
2072 shall meet as an equalizing board to hear and to consider any
2073 and all complaints as to the particular special assessments
2074 and shall adjust and equalize the special assessments to
2075 ensure proper assessment based on the benefit conferred on the
2076 property.
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2077 4. When so equalized and approved by resolution or
2078 ordinance by the board of supervisors, to be called the final
2079 special assessment resolution, a final special assessment roll
2080 shall be filed with the clerk of the board and such special
2081 assessment shall stand confirmed and remain legal, valid, and
2082 binding first liens on the property against which such special
2083 assessments are made until paid, equal in dignity to the first
2084 liens of ad valorem taxation of county and municipal
2085 governments and school boards. However, upon completion of the
2086 systems, facilities, services, projects, improvements, works,
2087 or infrastructure, the district shall credit to each of the
2088 assessments the difference in the special assessment as
2089 originally made, approved, levied, assessed, and confirmed and
2090 the proportionate part of the actual cost of the improvement
2091 to be paid by the particular special assessments as finally
2092 determined upon the completion of the improvement; but in no
2093 event shall the final special assessment exceed the amount of
2094 the special and peculiar benefits as apportioned fairly and
2095 reasonably to the property from the system, facility, or
2096 service being provided as originally assessed. Promptly after
2097 such confirmation, the special assessment shall be recorded by
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2098 the clerk of the district in the minutes of the proceedings of
2099 the district, and the record of the lien in this set of
2100 minutes shall constitute prima facie evidence of its validity.
2101 The board of supervisors, in its sole discretion, may by
2102 resolution grant a discount equal to all or a part of the
2103 payee's proportionate share of the cost of the project
2104 consisting of bond financing cost, such as capitalized
2105 interest, funded reserves, and bond discounts included in the
2106 estimated cost of the project, upon payment in full of any
2107 special assessments during such period prior to the time such
2108 financing costs are incurred as may be specified by the board
2109 of supervisors in such resolution.
2110 5. District special assessments may be made payable in
2111 installments over no more than 40 years from the date of the
2112 payment of the first installment thereof and may bear interest
2113 at fixed or variable rates.
2114 (b) Notwithstanding any provision of this act or
2115 chapter 170, Florida Statutes, that portion of s. 170.09,
2116 Florida Statutes, that provides that special assessments may
2117 be paid without interest at any time within 30 days after the
2118 improvement is completed and a resolution accepting the same
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2119 has been adopted by the governing authority shall not be
2120 applicable to any district special assessments, whether
2121 imposed, levied, and collected pursuant to this act or other
2122 provisions of Florida law, including, but not limited to,
2123 chapter 170, Florida Statutes.
2124 (c) In addition, the district is authorized expressly
2125 in the exercise of its rulemaking power to adopt a rule or
2126 rules which provide for notice, levy, imposition,
2127 equalization, and collection of assessments.
2128 (14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2129 ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.—
2130 (a) The board may, after any special assessments or
2131 benefit special assessments for assessable improvements are
2132 made, determined, and confirmed as provided in this act, issue
2133 certificates of indebtedness for the amount so assessed
2134 against the abutting property or property otherwise benefited,
2135 as the case may be, and separate certificates shall be issued
2136 against each part or parcel of land or property assessed,
2137 which certificates shall state the general nature of the
2138 improvement for which the assessment is made. The certificates
2139 shall be payable in annual installments in accordance with the
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2140 installments of the special assessment for which they are
2141 issued. The board may determine the interest to be borne by
2142 such certificates, not to exceed the maximum rate allowed by
2143 general law, and may sell such certificates at either private
2144 or public sale and determine the form, manner of execution,
2145 and other details of such certificates. The certificates shall
2146 recite that they are payable only from the special assessments
2147 levied and collected from the part or parcel of land or
2148 property against which they are issued. The proceeds of such
2149 certificates may be pledged for the payment of principal of
2150 and interest on any revenue bonds or general obligation bonds
2151 issued to finance in whole or in part such assessable
2152 improvement, or, if not so pledged, may be used to pay the
2153 cost or part of the cost of such assessable improvements.
2154 (b) The district may also issue assessment bonds,
2155 revenue bonds, or other obligations payable from a special
2156 fund into which such certificates of indebtedness referred to
2157 in paragraph (a) may be deposited or, if such certificates of
2158 indebtedness have not been issued, the district may assign to
2159 such special fund for the benefit of the holders of such
2160 assessment bonds or other obligations, or to a trustee for
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2161 such bondholders, the assessment liens provided for in this
2162 act unless such certificates of indebtedness or assessment
2163 liens have been theretofore pledged for any bonds or other
2164 obligations authorized hereunder. In the event of the creation
2165 of such special fund and the issuance of such assessment bonds
2166 or other obligations, the proceeds of such certificates of
2167 indebtedness or assessment liens deposited therein shall be
2168 used only for the payment of the assessment bonds or other
2169 obligations issued as provided in this section. The district
2170 is authorized to covenant with the holders of such assessment
2171 bonds, revenue bonds, or other obligations that it will
2172 diligently and faithfully enforce and collect all the special
2173 assessments, and interest and penalties thereon, for which
2174 such certificates of indebtedness or assessment liens have
2175 been deposited in or assigned to such fund; to foreclose such
2176 assessment liens so assigned to such special fund or
2177 represented by the certificates of indebtedness deposited in
2178 the special fund, after such assessment liens have become
2179 delinquent, and deposit the proceeds derived from such
2180 foreclosure, including interest and penalties, in such special
2181 fund; and to make any other covenants deemed necessary or
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2182 advisable in order to properly secure the holders of such
2183 assessment bonds or other obligations.
2184 (c) The assessment bonds, revenue bonds, or other
2185 obligations issued pursuant to this section shall have such
2186 dates of issue and maturity as shall be deemed advisable by
2187 the board; however, the maturities of such assessment bonds or
2188 other obligations shall not be more than 2 years after the due
2189 date of the last installment which will be payable on any of
2190 the special assessments for which such assessment liens, or
2191 the certificates of indebtedness representing such assessment
2192 liens, are assigned to or deposited in such special fund.
2193 (d) Such assessment bonds, revenue bonds, or other
2194 obligations issued under this section shall bear such interest
2195 as the board may determine, not to exceed the maximum rate
2196 allowed by general law, and shall be executed, shall have such
2197 provisions for redemption prior to maturity, shall be sold in
2198 the manner, and shall be subject to all of the applicable
2199 provisions contained in this act for revenue bonds, except as
2200 the same may be inconsistent with this section.
2201 (e) All assessment bonds, revenue bonds, or other
2202 obligations issued under this section shall be, shall
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2203 constitute, and shall have all the qualities and incidents of
2204 negotiable instruments under the law merchant and the laws of
2205 the state.
2206 (15) TAX LIENS.—All taxes of the district provided for
2207 in this act, together with all penalties for default in the
2208 payment of the same and all costs in collecting the same,
2209 including a reasonable attorney fee fixed by the court and
2210 taxed as a cost in the action brought to enforce payment,
2211 shall, from January 1 for each year the property is liable to
2212 assessment and until paid, constitute a lien of equal dignity
2213 with the liens for state and county taxes and other taxes of
2214 equal dignity with state and county taxes upon all the lands
2215 against which such taxes shall be levied. A sale of any of the
2216 real property within the district for state and county or
2217 other taxes shall not operate to relieve or release the
2218 property so sold from the lien for subsequent district taxes
2219 or installments of district taxes, which lien may be enforced
2220 against such property as though no such sale thereof had been
2221 made. In addition to, and not in limitation of, the preceding
2222 sentence, for purposes of s. 197.552, Florida Statutes, the
2223 lien of all special assessments levied by the district shall
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2224 constitute a lien of record held by a municipal or county
2225 governmental unit. The provisions of ss. 194.171, 197.122,
2226 197.333, and 197.432, Florida Statutes, shall be applicable to
2227 district taxes with the same force and effect as if such
2228 provisions were expressly set forth in this act.
2229 (16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY
2230 THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE.—
2231 (a) The district shall have the power and right to:
2232 1. Pay any delinquent state, county, district,
2233 municipal, or other tax or assessment upon lands located
2234 wholly or partially within the boundaries of the district.
2235 2. Redeem or purchase any tax sales certificates
2236 issued or sold on account of any state, county, district,
2237 municipal, or other taxes or assessments upon lands located
2238 wholly or partially within the boundaries of the district.
2239 (b) Delinquent taxes paid, or tax sales certificates
2240 redeemed or purchased, by the district, together with all
2241 penalties for the default in payment of the same and all costs
2242 in collecting the same and a reasonable attorney fee, shall
2243 constitute a lien in favor of the district of equal dignity
2244 with the liens of state and county taxes and other taxes of
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2245 equal dignity with state and county taxes upon all the real
2246 property against which the taxes were levied. The lien of the
2247 district may be foreclosed in the manner provided in this act.
2248 (c) In any sale of land pursuant to s. 197.542,
2249 Florida Statutes, as may be amended from time to time, the
2250 district may certify to the clerk of the circuit court of the
2251 county holding such sale the amount of taxes due to the
2252 district upon the lands sought to be sold, and the district
2253 shall share in the disbursement of the sales proceeds in
2254 accordance with this act and under the laws of the state.
2255 (17) FORECLOSURE OF LIENS.—Any lien in favor of the
2256 district arising under this act may be foreclosed by the
2257 district by foreclosure proceedings in the name of the
2258 district in a court of competent jurisdiction as provided by
2259 general law in like manner as is provided in chapter 170 or
2260 chapter 173, Florida Statutes, and amendments thereto and the
2261 provisions of those chapters shall be applicable to such
2262 proceedings with the same force and effect as if those
2263 provisions were expressly set forth in this act. Any act
2264 required or authorized to be done by or on behalf of a
2265 municipality in foreclosure proceedings under chapter 170 or
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2266 chapter 173, Florida Statutes, may be performed by such
2267 officer or agent of the district as the board of supervisors
2268 may designate. Such foreclosure proceedings may be brought at
2269 any time after the expiration of 1 year from the date any tax,
2270 or installment thereof, becomes delinquent; however, no lien
2271 shall be foreclosed against any political subdivision or
2272 agency of the state. Other legal remedies shall remain
2273 available.
2274 (18) MANDATORY USE OF CERTAIN DISTRICT FACILITIES.—To
2275 the full extent permitted by law, the district shall require
2276 all lands, buildings, premises, persons, firms, and
2277 corporations within the district to use the facilities of the
2278 district.
2279 (19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS;
2280 RELATED PROVISIONS REQUIRED.—
2281 (a) No contract shall be let by the board for any
2282 goods, supplies, or materials to be purchased when the amount
2283 thereof to be paid by the district shall exceed the amount
2284 provided in s. 287.017, Florida Statutes, as amended from time
2285 to time, for category four, unless notice of bids shall be
2286 advertised once in a newspaper in general circulation in
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2287 Collier County. Any board seeking to construct or improve a
2288 public building, structure, or other public works shall comply
2289 with the bidding procedures of s. 255.20, Florida Statutes, as
2290 amended from time to time, and other applicable general law.
2291 In each case, the bid of the lowest responsive and responsible
2292 bidder shall be accepted unless all bids are rejected because
2293 the bids are too high or the board determines it is in the
2294 best interests of the district to reject all bids. The board
2295 may require the bidders to furnish bond with a responsible
2296 surety to be approved by the board. Nothing in this subsection
2297 shall prevent the board from undertaking and performing the
2298 construction, operation, and maintenance of any project or
2299 facility authorized by this act by the employment of labor,
2300 material, and machinery.
2301 (b) The provisions of the Consultants' Competitive
2302 Negotiation Act, s. 287.055, Florida Statutes, apply to
2303 contracts for engineering, architecture, landscape
2304 architecture, or registered surveying and mapping services let
2305 by the board.
2306 (c) Contracts for maintenance services for any
2307 district facility or project shall be subject to competitive
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2308 bidding requirements when the amount thereof to be paid by the
2309 district exceeds the amount provided in s. 287.017, Florida
2310 Statutes, as amended from time to time, for category four. The
2311 district shall adopt rules, policies, or procedures
2312 establishing competitive bidding procedures for maintenance
2313 services. Contracts for other services shall not be subject to
2314 competitive bidding unless the district adopts a rule, policy,
2315 or procedure applying competitive bidding procedures to said
2316 contracts. Nothing herein shall preclude the use of requests
2317 for proposal instead of invitations to bid as determined by
2318 the district to be in its best interest.
2319 (20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR
2320 ADOPTION AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.—
2321 (a) The district is authorized to prescribe, fix,
2322 establish, and collect rates, fees, rentals, or other charges,
2323 hereinafter sometimes referred to as "revenues," and to revise
2324 the same from time to time, for the systems, facilities, and
2325 services furnished by the district, including, but not limited
2326 to, recreational facilities, water management and control
2327 facilities, and water and sewer systems; to recover the costs
2328 of making connection with any district service, facility, or
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2329 system; and to provide for reasonable penalties against any
2330 user or property for any such rates, fees, rentals, or other
2331 charges that are delinquent.
2332 (b) No such rates, fees, rentals, or other charges for
2333 any of the facilities or services of the district shall be
2334 fixed until after a public hearing at which all the users of
2335 the proposed facility or services or owners, tenants, or
2336 occupants served or to be served thereby and all other
2337 interested persons shall have an opportunity to be heard
2338 concerning the proposed rates, fees, rentals, or other
2339 charges. Rates, fees, rentals, and other charges shall be
2340 adopted under the administrative rulemaking authority of the
2341 district, but shall not apply to district leases. Notice of
2342 such public hearing setting forth the proposed schedule or
2343 schedules of rates, fees, rentals, and other charges shall
2344 have been published in a newspaper of general circulation in
2345 Collier County at least once and at least 10 days prior to
2346 such public hearing. The rulemaking hearing may be adjourned
2347 from time to time. After such hearing, such schedule or
2348 schedules, either as initially proposed or as modified or
2349 amended, may be finally adopted. A copy of the schedule or
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2350 schedules of such rates, fees, rentals, or charges as finally
2351 adopted shall be kept on file in an office designated by the
2352 board and shall be open at all reasonable times to public
2353 inspection. The rates, fees, rentals, or charges so fixed for
2354 any class of users or property served shall be extended to
2355 cover any additional users or properties thereafter served
2356 which shall fall in the same class, without the necessity of
2357 any notice or hearing.
2358 (c) Such rates, fees, rentals, and other charges shall
2359 be just and equitable and uniform for users of the same class,
2360 and when appropriate may be based or computed either upon the
2361 amount of service furnished, upon the average number of
2362 persons residing or working in or otherwise occupying the
2363 premises served, or upon any other factor affecting the use of
2364 the facilities furnished, or upon any combination of the
2365 foregoing factors, as may be determined by the board on an
2366 equitable basis.
2367 (d) The rates, fees, rentals, or other charges
2368 prescribed shall be such as will produce revenues, together
2369 with any other assessments, taxes, revenues, or funds
2370 available or pledged for such purpose, at least sufficient to
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2371 provide for the items hereinafter listed, but not necessarily
2372 in the order stated:
2373 1. To provide for all expenses of operation and
2374 maintenance of such facility or service.
2375 2. To pay when due all bonds and interest thereon for
2376 the payment of which such revenues are, or shall have been,
2377 pledged or encumbered, including reserves for such purpose.
2378 3. To provide for any other funds which may be
2379 required under the resolution or resolutions authorizing the
2380 issuance of bonds pursuant to this act.
2381 (e) The board shall have the power to enter into
2382 contracts for the use of the projects of the district and with
2383 respect to the services, systems, and facilities furnished or
2384 to be furnished by the district.
2385 (21) RECOVERY OF DELINQUENT CHARGES.—In the event that
2386 any rates, fees, rentals, charges, or delinquent penalties are
2387 not paid when due and are in default for 60 days or more, the
2388 unpaid balance thereof and all interest accrued thereon,
2389 together with reasonable attorney fees and costs, may be
2390 recovered by the district in a civil action.
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2391 (22) DISCONTINUANCE OF SERVICE.—In the event the fees,
2392 rentals, or other charges for district services or facilities
2393 are not paid when due, the board shall have the power, under
2394 such reasonable rules and regulations as the board may adopt,
2395 to discontinue and shut off such services until such fees,
2396 rentals, or other charges, including interest, penalties, and
2397 charges for the shutting off and discontinuance and the
2398 restoration of such services, are fully paid; and, for such
2399 purposes, the board may enter on any lands, waters, or
2400 premises of any person, firm, corporation, or body, public or
2401 private, within the district limits. Such delinquent fees,
2402 rentals, or other charges, together with interest, penalties,
2403 and charges for the shutting off and discontinuance and the
2404 restoration of such services and facilities and reasonable
2405 attorney fees and other expenses, may be recovered by the
2406 district, which may also enforce payment of such delinquent
2407 fees, rentals, or other charges by any other lawful method of
2408 enforcement.
2409 (23) ENFORCEMENT AND PENALTIES.—The board or any
2410 aggrieved person may have recourse to such remedies in law and
2411 at equity as may be necessary to ensure compliance with this
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2412 act, including injunctive relief to enjoin or restrain any
2413 person violating this act or any bylaws, resolutions,
2414 regulations, rules, codes, or orders adopted under this act.
2415 In case any building or structure is erected, constructed,
2416 reconstructed, altered, repaired, converted, or maintained, or
2417 any building, structure, land, or water is used, in violation
2418 of this act or of any code, order, resolution, or other
2419 regulation made under authority conferred by this act or under
2420 law, the board or any citizen residing in the district may
2421 institute any appropriate action or proceeding to prevent such
2422 unlawful erection, construction, reconstruction, alteration,
2423 repair, conversion, maintenance, or use; to restrain, correct,
2424 or avoid such violation; to prevent the occupancy of such
2425 building, structure, land, or water; and to prevent any
2426 illegal act, conduct, business, or use in or about such
2427 premises, land, or water.
2428 (24) SUITS AGAINST THE DISTRICT.—Any suit or action
2429 brought or maintained against the district for damages arising
2430 out of tort, including, without limitation, any claim arising
2431 upon account of an act causing an injury or loss of property,
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2432 personal injury, or death, shall be subject to the limitations
2433 provided in s. 768.28, Florida Statutes.
2434 (25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.—
2435 All district property shall be exempt from levy and sale by
2436 virtue of an execution, and no execution or other judicial
2437 process shall issue against such property, nor shall any
2438 judgment against the district be a charge or lien on its
2439 property or revenues; however, nothing contained herein shall
2440 apply to or limit the rights of bondholders to pursue any
2441 remedy for the enforcement of any lien or pledge given by the
2442 district in connection with any of the bonds or obligations of
2443 the district.
2444 (26) TERMINATION, CONTRACTION, OR EXPANSION OF
2445 DISTRICT.—
2446 (a) The board of supervisors of the district shall not
2447 ask the Legislature to repeal or amend this act to expand or
2448 to contract the boundaries of the district or otherwise cause
2449 the merger or termination of the district without first
2450 obtaining a resolution or official statement from Collier
2451 County as required by s. 189.031(2)(e)4., Florida Statutes,
2452 for creation of an independent special district. The
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2453 district’s consent may be evidenced by a resolution or other
2454 official written statement of the district.
2455 (b) The district shall remain in existence until:
2456 1. The district is terminated and dissolved pursuant
2457 to amendment to this act by the Legislature.
2458 2. The district has become inactive pursuant to s.
2459 189.062, Florida Statutes.
2460 (27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS. The
2461 district may merge with one or more community development
2462 districts situated wholly within its boundaries. The district
2463 shall be the surviving entity of the merger. Any mergers
2464 shall commence upon each such community development district
2465 filing a written request for merger with the district. A copy
2466 of the written request shall also be filed with Collier
2467 County. The district, subject to the direction of its board of
2468 supervisors, shall enter into a merger agreement which shall
2469 provide for the proper allocation of debt, the manner in which
2470 such debt shall be retired, the transition of the community
2471 development district board, and the transfer of all financial
2472 obligations and operating and maintenance responsibilities to
2473 the district. The execution of the merger agreement by the
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2474 district and each community development district constitutes
2475 consent of the landowners within each district. The district
2476 and each community development district requesting merger
2477 shall hold a public hearing within its boundaries to provide
2478 information about and take public comment on the proposed
2479 merger in the merger agreement. The public hearing shall be
2480 held within 45 days of the initial consideration and approval
2481 of the merger agreement by all parties thereto. Notice of the
2482 public hearing shall be published at least 14 days before the
2483 hearing in a newspaper of general circulation in Collier
2484 County. At the conclusion of the public hearing each district
2485 shall consider a resolution either approving or disapproving
2486 the proposed merger. If the district and each community
2487 development district which is a party to the merger agreement
2488 adopt a resolution approving the proposed merger, the
2489 resolutions and the executed merger agreement shall be filed
2490 with Collier County. Upon receipt of the resolutions approving
2491 the merger and the merger agreement, Collier County shall
2492 adopt a non-emergency ordinance dissolving each community
2493 development district pursuant to s. 190.046(10), Florida
2494 Statutes.
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2495 (28) INCLUSION OF TERRITORY. The inclusion of any or
2496 all territory of the district within a municipality does not
2497 change, alter, or affect the boundary, territory, existence,
2498 or jurisdiction of the district.
2499 (29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
2500 DISCLOSURE TO PURCHASER.—Subsequent to the creation of this
2501 district under this act, each contract for the initial sale of
2502 a parcel of real property and each contract for the initial
2503 sale of a residential unit within the district shall include,
2504 immediately prior to the space reserved in the contract for
2505 the signature of the purchaser, the following disclosure
2506 statement in boldfaced and conspicuous type which is larger
2507 than the type in the remaining text of the contract: "THE
2508 CORKSCREW GROVE STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES
2509 OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS
2510 PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE
2511 CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN
2512 PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT AND
2513 ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE
2514 TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
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2515 LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES
2516 AND ASSESSMENTS PROVIDED FOR BY LAW."
2517 (30) NOTICE OF CREATION AND ESTABLISHMENT.—Within 30
2518 days after the election of the first board of supervisors
2519 creating this district, the district shall cause to be
2520 recorded in the grantor-grantee index of the property records
2521 in Collier County a "Notice of Creation and Establishment of
2522 the Corkscrew Grove Stewardship District." The notice shall,
2523 at a minimum, include the legal description of the property
2524 covered by this act.
2525 (31) DISTRICT PROPERTY PUBLIC; FEES.—Any system,
2526 facility, service, works, improvement, project, or other
2527 infrastructure owned by the district, or funded by federal tax
2528 exempt bonding issued by the district, is public; and the
2529 district by rule may regulate, and may impose reasonable
2530 charges or fees for, the use thereof, but not to the extent
2531 that such regulation or imposition of such charges or fees
2532 constitutes denial of reasonable access.
2533 Section 7. If any provision of this act is determined
2534 unconstitutional or otherwise determined invalid by a court of
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2535 law, all the rest and remainder of the act shall remain in
2536 full force and effect as the law of this state.
2537 Section 8. This act shall take effect upon becoming a
2538 law, except that the provisions of this act which authorize
2539 the levy of ad valorem taxation shall take effect only upon
2540 express approval by a majority vote of those qualified
2541 electors of the Corkscrew Grove Stewardship District, as
2542 required by Section 9 of Article VII of the State
2543 Constitution, voting in a referendum election held at such
2544 time as all members of the board are qualified electors who
2545 are elected by qualified electors of the district as provided
2546 in this act.
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