Agenda 12/10/2024 Item #16K 1 (Resolution of no objection to the enactment of a bill by the Florida Legislature creating an Independent Special District under Chapter 189, Florida Statutes, to be known as the Corkscrew Grove Stewardship District)12/10/2024
Item # 16.K.1
ID# 2024-1646
Executive Summary
Recommendation that the Board of County Commissioners adopt a Resolution of no objection to the enactment of a bill
by the Florida Legislature creating an Independent Special District under Chapter 189, Florida Statutes, to be known as
the Corkscrew Grove Stewardship District.
OBJECTIVE: That the Board of County Commissioners adopt a Resolution of no objection to the creation of the
Corkscrew Grove Stewardship District for presentation to the Collier County Legislative Delegation.
CONSIDERATIONS: On November 12, 2024 under agenda item 6.A., Alico, Inc. petitioned the Board to direct staff
to return on December 10, 2024 with a recommendation on adoption of a resolution of no objection to the creation of the
Corkscrew Grove Stewardship District.
Alico, Inc. owns approximately 4662.710 acres within the Rural Land Stewardship Area (“RLSA”). Alico, Inc. intends
to designate a portion of the land as two Stewardship Receiving Area Villages and two or more Stewardship Sending
Areas (“SSAs”). The two villages will each be approximately 1500 acres. Due to the size of the land holdings and the
length of time it will take to complete the construction of the infrastructure to serve the villages, creating a Stewardship
District makes more sense to construct the infrastructure serving the villages than creating multiple Community
Development Districts. In addition, a Stewardship District will provide for the ongoing maintenance of the
infrastructure serving the villages as well as maintaining the SSAs.
Corkscrew Grove Stewardship District is proposed as an independent special district under Chapter 189, Florida
Statutes, and will function as a special purpose local government not deemed by staff to be in conflict with the interests,
powers and authority of the Board of County Commissioners. Corkscrew Grove Stewardship District will have no
zoning or comprehensive plan powers and any development within the District must be consistent with the Collier
County Growth Management Plan and Land Development Code. However, as an independent special district, the
Corkscrew Grove Board of Supervisors, elected on a one acre-one vote basis, may levy up to 3 mills of ad valorem taxes
within the District. This authority would only be of significance to the County if the ad valorem tax levy within the
District rises to such a level that the total tax burden on District residents results in opposition to the annual MSTD
General Fund millage proposed by the BCC.
Other stewardship districts approved in Collier County include the Big Cypress Stewardship District and the Ave Maria
Stewardship District. When those proposed districts first came before the Board on October 28, 2003, staff prepared an
executive summary of the key attributes of Chapter 189 special districts to assist the Board in its review and
deliberations on the requested resolutions of no objection, which is again attached to this agenda item. The proposed bill
to be sponsored by the Collier County Legislative Delegation is attached to the resolution as Appendix A.
FISCAL IMPACT: There is no fiscal impact created by the approval of the proposed resolution of no objection.
GROWTH MANAGEMENT IMPACT: The proposed Corkscrew Grove Stewardship District is consistent with the
Growth Management Plan and will further the realization of the goals of the Rural Lands Stewardship Area.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney’s Office, is approved as to form
and legality, and requires majority vote for approval. -SAA
RECOMMENDATIONS: That the Board of County Commissioners adopt the attached resolution of no objection to
the creation of the Corkscrew Grove Stewardship District and forward it to the Collier County Legislative Delegation.
PREPARED BY: Jeffrey A. Klatzkow, County Attorney
ATTACHMENTS:
1. Summary of Chapter 189 Special Districts
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12/10/2024
Item # 16.K.1
ID# 2024-1646
2. Resolution of No Objection to creating Corkscrew Grove Stewardship District
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An act relating to Collier County; creating the Corkscrew 1
Grove Stewardship District; providing a short title; providing 2
legislative findings and intent; providing definitions; 3
stating legislative policy regarding creation of the district; 4
establishing compliance with minimum requirements for creation 5
of an independent special district; providing for creation and 6
establishment of the district; establishing the legal 7
boundaries of the district; providing for the jurisdiction and 8
charter of the district; providing for a board of supervisors; 9
providing for election, membership, terms, meetings, and 10
duties of board members; providing a method for transition of 11
the board from landowner control to control by the resident 12
electors of the district; providing for a district manager and 13
district personnel; providing for a district treasurer, 14
selection of a public depository, and district budgets and 15
financial reports; providing the general and special powers of 16
the district; providing for bonds; providing for borrowing; 17
providing for future ad valorem taxation; providing for 18
special assessments; providing for issuance of certificates of 19
indebtedness; providing for tax liens; providing for 20
competitive procurement; providing for fees and charges; 21
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providing for termination, contraction, expansion, or merger 22
of the district; providing for required notices to purchasers 23
of residential units within the district; specifying district 24
public property; providing severability; providing for a 25
referendum; providing an effective date. 26
27
Be It Enacted by the Legislature of the State of Florida: 28
29
Section 1. This act may be cited as the "Corkscrew 30
Grove Stewardship District Act." 31
Section 2. Legislative findings and intent; 32
definitions; policy.— 33
(1) LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT.— 34
(a) The extensive lands located wholly within Collier 35
County and covered by this act contain many opportunities for 36
thoughtful, comprehensive, responsible, and consistent 37
development over a long period. 38
(b) There is a need to use a single special and 39
limited purpose independent special district unit of local 40
government for the Corkscrew Grove Stewardship District lands 41
located within Collier County and covered by this act to 42
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provide for a more comprehensive community development 43
approach, which will facilitate an integral relationship 44
between regional transportation, land use and urban design to 45
provide for a diverse mix of housing and regional employment 46
and economic development opportunities, rather than fragmented 47
development with underutilized infrastructure generally 48
associated with urban sprawl. 49
(c) There is a considerably long period of time during 50
which there is a significant burden on the initial landowners 51
of the district lands to provide various systems, facilities, 52
and services, such that there is a need for flexible 53
management, sequencing, timing, and financing of the various 54
systems, facilities, and services to be provided to these 55
lands, taking into consideration absorption rates, commercial 56
viability, and related factors. 57
(d) While chapter 190, Florida Statutes, provides an 58
opportunity for previous community development services and 59
facilities to be provided by the continued use of community 60
development districts in a manner that furthers the public 61
interest, given the size of the Corkscrew Grove Stewardship 62
District lands and the duration of development, continuing to 63
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utilize multiple community development districts over these 64
lands would result in an inefficient, duplicative, and 65
needless proliferation of local special purpose governments, 66
contrary to the public interest and the Legislature's findings 67
in chapter 190, Florida Statutes. Instead, it is in the public 68
interest that the long-range provision for, and management, 69
financing, and long-term maintenance, upkeep, and operation 70
of, services and facilities to be provided for ultimate 71
development and conservation of the lands covered by this act 72
be under one coordinated entity. The creation of a single 73
district will assist in integrating the management of state 74
resources and allow for greater and more coordinated 75
stewardship of natural resources. 76
(e) Longer involvement of the initial landowner with 77
regard to the provision of systems, facilities, and services 78
for the Corkscrew Grove Stewardship District lands, coupled 79
with the special and limited purpose of the district, is in 80
the public interest. 81
(f) The existence and use of such a special and 82
limited purpose local government for the Corkscrew Grove 83
Stewardship District lands, subject to the Collier County 84
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comprehensive plan, will provide for a comprehensive and 85
complete community development approach to promote a 86
sustainable and efficient land use pattern for the Corkscrew 87
Grove Stewardship District lands with long-term planning for 88
conservation and development; provide opportunities for the 89
mitigation of impacts and development of infrastructure in an 90
orderly and timely manner; prevent the overburdening of the 91
local general purpose government and the taxpayers; and 92
provide an enhanced tax base and regional employment and 93
economic development opportunities. 94
(g) The creation and establishment of the special 95
district will encourage local government financial self-96
sufficiency in providing public facilities and in identifying 97
and implementing physically sound, innovative, and cost-98
effective techniques to provide and finance public facilities 99
while encouraging development, use, and coordination of 100
capital improvement plans by all levels of government, in 101
accordance with the goals of chapter 187, Florida Statutes. 102
(h) The creation and establishment of the special 103
district is a legitimate supplemental and alternative method 104
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available to manage, own, operate, construct, and finance 105
capital infrastructure systems, facilities, and services. 106
(i) In order to be responsive to the critical timing 107
required through the exercise of its special management 108
functions, an independent special district requires financing 109
of those functions, including bondable lienable and 110
nonlienable revenue, with full and continuing public 111
disclosure and accountability, funded by landowners, both 112
present and future, and funded also by users of the systems, 113
facilities, and services provided to the land area by the 114
special district, without unduly burdening the taxpayers, 115
citizens, and ratepayers of the state or Collier County. 116
(j) The special district created and established by 117
this act shall not have or exercise any comprehensive 118
planning, zoning, or development permitting power; the 119
establishment of the special district shall not be considered 120
a development order within the meaning of chapter 380, Florida 121
Statutes; and all applicable planning and permitting laws, 122
rules, regulations, and policies of Collier County control the 123
development of the land to be serviced by the special 124
district. 125
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(k) The creation by this act of the Corkscrew Grove 126
Stewardship District is not inconsistent with the Collier 127
County comprehensive plan. 128
(l) It is the legislative intent and purpose that no 129
debt or obligation of the special district constitute a burden 130
on Collier County. 131
(2) DEFINITIONS.—As used in this act: 132
(a) "Ad valorem bonds" means bonds that are payable 133
from the proceeds of ad valorem taxes levied on real and 134
tangible personal property and that are generally referred to 135
as general obligation bonds. 136
(b) "Assessable improvements" means, without 137
limitation, any and all public improvements and community 138
facilities that the district is empowered to provide in 139
accordance with this act that provide a special benefit to 140
property within the district. 141
(c) "Assessment bonds" means special obligations of 142
the district which are payable solely from proceeds of the 143
special assessments or benefit special assessments levied for 144
assessable improvements, provided that, in lieu of issuing 145
assessment bonds to fund the costs of assessable improvements, 146
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the district may issue revenue bonds for such purposes payable 147
from assessments. 148
(d) "Assessments" means those nonmillage district 149
assessments which include special assessments, benefit special 150
assessments, and maintenance special assessments and a 151
nonmillage, non-ad valorem maintenance tax if authorized by 152
general law. 153
(e) "Benefit special assessments" means district 154
assessments imposed, levied, and collected pursuant to section 155
6(12)(b). 156
(g) "Board of supervisors" or "board" means the 157
governing body of the district or, if such board has been 158
abolished, the board, body, or commission assuming the 159
principal functions thereof or to whom the powers given to the 160
board by this act have been given by law. 161
(h) "Bond" includes "certificate," and the provisions 162
that are applicable to bonds are equally applicable to 163
certificates. The term also includes any general obligation 164
bond, assessment bond, refunding bond, revenue bond, bond 165
anticipation note, and other such obligation in the nature of 166
a bond as is provided for in this act. 167
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(i) "Cost" or "costs," when used in reference to any 168
project, includes, but is not limited to: 169
1. The expenses of determining the feasibility or 170
practicability of acquisition, construction, or 171
reconstruction. 172
2. The cost of surveys, estimates, plans, and 173
specifications. 174
3. The cost of improvements. 175
4. Engineering, architectural, fiscal, and legal 176
expenses and charges. 177
5. The cost of all labor, materials, machinery, and 178
equipment. 179
6. The cost of all lands, properties, rights, 180
easements, and franchises acquired. 181
7. Financing charges. 182
8. The creation of initial reserve and debt service 183
funds. 184
9. Working capital. 185
10. Interest charges incurred or estimated to be 186
incurred on money borrowed prior to and during construction 187
and acquisition and for such reasonable period of time after 188
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completion of construction or acquisition as the board may 189
determine. 190
11. The cost of issuance of bonds pursuant to this 191
act, including advertisements and printing. 192
12. The cost of any bond or tax referendum held 193
pursuant to this act and all other expenses of issuance of 194
bonds. 195
13. The discount, if any, on the sale or exchange of 196
bonds. 197
14. Administrative expenses. 198
15. Such other expenses as may be necessary or 199
incidental to the acquisition, construction, or reconstruction 200
of any project, or to the financing thereof, or to the 201
development of any lands within the district. 202
16. Payments, contributions, dedications, and any 203
other exactions required as a condition of receiving any 204
governmental approval or permit necessary to accomplish any 205
district purpose. 206
17. Any other expense or payment permitted by this act 207
or allowable by law. 208
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(i) "District" means the Corkscrew Grove Stewardship 209
District. 210
(j) "District manager" means the manager of the 211
district. 212
(k) "District roads" means highways, streets, roads, 213
alleys, intersection improvements, sidewalks, crossings, 214
landscaping, irrigation, signage, signalization, storm drains, 215
bridges, multiuse trails, lighting, and thoroughfares of all 216
kinds. 217
(l) "General obligation bonds" means bonds which are 218
secured by, or provide for their payment by, the pledge of the 219
full faith and credit and taxing power of the district. 220
(m) “General-purpose local government” means a city, 221
municipality, or consolidated city-county government. 222
(n) "Governing board member" means any member of the 223
board of supervisors. 224
(o) "Land development regulations" means those 225
regulations of the general-purpose local government, adopted 226
under the Community Planning Act, codified as part II of 227
chapter 163, Florida Statutes, to which the district is 228
subject and as to which the district may not do anything that 229
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is inconsistent therewith. The term “land development 230
regulations” does not include specific management, 231
engineering, operations, or capital improvement planning, 232
needed in the daily management, implementation, and supplying 233
by the district of systems, facilities, services, works, 234
improvements, projects, or infrastructure, so long as they 235
remain subject to and are not inconsistent with the applicable 236
county codes. 237
(p) "Landowner" means the owner of a freehold estate 238
as it appears on the deed record, including a trustee, a 239
private corporation, and an owner of a condominium unit. The 240
term “landowner" does not include a reversioner, remainderman, 241
mortgagee, or any governmental entity which shall not be 242
counted and need not be notified of proceedings under this 243
act. The term “landowner" also means the owner of a ground 244
lease from a governmental entity, which leasehold interest has 245
a remaining term, excluding all renewal options, in excess of 246
50 years. 247
(q) "Maintenance special assessments" are assessments 248
imposed, levied, and collected pursuant to section 6(12)(d). 249
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(r) "Non-ad valorem assessment" means only those 250
assessments which are not based upon millage and which can 251
become a lien against a homestead as permitted in s. 4, 252
Article X of the State Constitution. 253
(s) "Powers" means powers used and exercised by the 254
board of supervisors to accomplish the special and limited 255
purposes of the district, including: 256
1. "General powers," which means those organizational 257
and administrative powers of the district as provided in its 258
charter in order to carry out its special and limited purpose 259
as a local government public corporate body politic. 260
2. "Special powers," which means those powers 261
enumerated by the district charter to implement its 262
specialized systems, facilities, services, projects, 263
improvements, and infrastructure and related functions in 264
order to carry out its special and limited purposes. 265
3. Any other powers, authority, or functions set forth 266
in this act. 267
(t) "Project" means any development, improvement, 268
property, power, utility, facility, enterprise, service, 269
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system, works, or infrastructure now existing or hereafter 270
undertaken or established under this act. 271
(u) "Qualified elector" means any person at least 18 272
years of age who is a citizen of the United States and a legal 273
resident of the state and of the district, who registers to 274
vote with the Supervisor of Elections of Collier County and 275
who resides in Collier County. 276
(v) "Reclaimed water" means water, including from 277
wells or stormwater management facilities, that has received 278
at least secondary treatment and basic disinfection and is 279
reused after flowing out of a domestic wastewater treatment 280
facility, or otherwise as an approved use of surface water or 281
groundwater by the water management district. 282
(w) "Reclaimed water system" means any plant, well, 283
system, facility, or property, and any addition, extension, or 284
improvement thereto at any future time constructed or acquired 285
as part thereof, useful, necessary, or having the present 286
capacity for future use in connection with the development of 287
sources, treatment, purification, or distribution of reclaimed 288
water. The term includes franchises of any nature relating to 289
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any such system and necessary or convenient for the operation 290
thereof including for the district’s own use or resale. 291
(x) "Refunding bonds" means bonds issued to refinance 292
outstanding bonds of any type and the interest and redemption 293
premium thereon. Refunding bonds may be issuable and payable 294
in the same manner as refinanced bonds, except that no 295
approval by the electorate shall be required unless required 296
by the State Constitution. 297
(y) "Revenue bonds" means obligations of the district 298
that are payable from revenues, including, but not limited to, 299
special assessments and benefit special assessments, derived 300
from sources other than ad valorem taxes on real or tangible 301
personal property and that do not pledge the property, credit, 302
or general tax revenue of the district. 303
(z) "Sewer system" means any plant, system, facility, 304
or property, and additions, extensions, and improvements 305
thereto at any future time constructed or acquired as part 306
thereof, useful or necessary or having the present capacity 307
for future use in connection with the collection, treatment, 308
purification, or disposal of sewage, including, but not 309
limited to, industrial wastes resulting from any process of 310
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industry, manufacture, trade, or business or from the 311
development of any natural resource. The term also includes 312
treatment plants, pumping stations, lift stations, valves, 313
force mains, intercepting sewers, laterals, pressure lines, 314
mains, and all necessary appurtenances and equipment; all 315
sewer mains, laterals, and other devices for the reception and 316
collection of sewage from premises connected therewith; all 317
real and personal property and any interest therein; and 318
rights, easements, and franchises of any nature relating to 319
any such system and necessary or convenient for operation 320
thereof. 321
(aa) "Special assessments" means assessments as 322
imposed, levied, and collected by the district for the costs 323
of assessable improvements pursuant to this act; chapter 170, 324
Florida Statutes; and the additional authority under s. 325
197.3631, Florida Statutes, or other provisions of general 326
law, now or hereinafter enacted, which provide or authorize a 327
supplemental means to impose, levy, or collect special 328
assessments. 329
(bb) "Corkscrew Grove Stewardship District" means the 330
unit of special and limited purpose local government and 331
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political subdivision created and chartered by this act, and 332
limited to the performance of those general and special powers 333
authorized by its charter under this act, the boundaries of 334
which are set forth by the act, the governing board of which 335
is created and authorized to operate with legal existence by 336
this act, and the purpose of which is as set forth in this 337
act. 338
(cc) "Tax" or "taxes" means those levies and 339
impositions of the board of supervisors that support and pay 340
for government and the administration of law and that may be: 341
1. Ad valorem or property taxes based upon both the 342
appraised value of property and millage, at a rate uniform 343
within the jurisdiction; or 344
2. If and when authorized by general law, non-ad 345
valorem maintenance taxes not based on millage that are used 346
to maintain district systems, facilities, and services. 347
(dd) "Water system" means any plant, system, facility, 348
or property, and any addition, extension, or improvement 349
thereto at any future time constructed or acquired as a part 350
thereof, useful, necessary, or having the present capacity for 351
future use in connection with the development of sources, 352
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treatment, purification, or distribution of water. The term 353
also includes dams, reservoirs, storage tanks, mains, lines, 354
valves, pumping stations, laterals, and pipes for the purpose 355
of carrying water to the premises connected with such system, 356
and all rights, easements, and franchises of any nature 357
relating to any such system and necessary or convenient for 358
the operation thereof. 359
(3) POLICY.—Based upon its findings, ascertainments, 360
determinations, intent, purpose, and definitions, the 361
Legislature states its policy expressly: 362
(a) The district and the district charter, with its 363
general and special powers, as created in this act, are 364
essential and the best alternative for the residential, 365
commercial, industrial, office, hotel, health care, and other 366
similar community uses, projects, or functions in the included 367
portion of Collier County consistent with the effective 368
comprehensive plan, and designed to serve a lawful public 369
purpose. 370
(b) The district, which is a local government and a 371
political subdivision, is limited to its special purpose as 372
expressed in this act, with the power to provide, plan, 373
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implement, construct, maintain, and finance as a local 374
government management entity systems, facilities, services, 375
improvements, infrastructure, and projects, and possessing 376
financing powers to fund its management power over the long 377
term and with sustained levels of high quality. 378
(c) The creation of the Corkscrew Grove Stewardship 379
District by and pursuant to this act, and its exercise of its 380
management and related financing powers to implement its 381
limited, single, and special purpose, is not a development 382
order and does not trigger or invoke any provision within the 383
meaning of chapter 380, Florida Statutes, and all applicable 384
governmental planning, environmental, and land development 385
laws, regulations, rules, policies, and ordinances apply to 386
all development of the land within the jurisdiction of the 387
district as created by this act. 388
(d) The district shall operate and function subject 389
to, and not inconsistent with, the applicable comprehensive 390
plan of Collier County and any applicable development orders 391
(e.g., detailed site plan development orders), zoning 392
regulations, and other land development regulations. 393
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(e) The special and single purpose Corkscrew Grove 394
Stewardship District shall not have the power of a general-395
purpose local government to adopt a comprehensive plan or 396
related land development regulation as those terms are defined 397
in the Community Planning Act. 398
(f) This act may be amended, in whole or in part, only 399
by special act of the Legislature. The board of supervisors of 400
the district shall not ask the Legislature to amend this act 401
without first obtaining a resolution or official statement 402
from the district and Collier County as may be required by s. 403
189.031(2)(e)4., Florida Statutes, for creation of an 404
independent special district, and if such an amendment is 405
related to the district’s ability to provide services under 406
Section (7)(b), a resolution or official statement from the 407
Immokalee Water and Sewer District in the form and substance 408
described in s. 189.031(2)(2)4., Florida Statutes, provided 409
amendments to the District’s boundaries as described in 410
Section 4 shall not require a statement from the Immokalee 411
Water and Sewer District. 412
Section 3. Minimum charter requirements; creation and 413
establishment; jurisdiction; construction; charter.— 414
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(1) Pursuant to s. 189.031(3), Florida Statutes, the 415
Legislature sets forth that the minimum requirements in 416
paragraphs (a) through (n) have been met in the identified 417
provisions of this act as follows: 418
(a) The purpose of the district is stated in the act 419
in section 2 and subsection (4) of this section. 420
(b) The powers, functions, and duties of the district 421
regarding ad valorem taxation, bond issuance, other revenue- 422
raising capabilities, budget preparation and approval, liens 423
and foreclosure of liens, use of tax deeds and tax 424
certificates as appropriate for non-ad valorem assessments, 425
and contractual agreements are set forth in section 6. 426
(c) The provisions for methods for establishing the 427
district are set forth in this section. 428
(d) The methods for amending the charter of the 429
district are set forth in section 2. 430
(e) The provisions for the membership and organization 431
of the governing body and the establishment of a quorum are 432
set forth in section 5. 433
(f) The provisions regarding the administrative duties 434
of the governing body are set forth in sections 5 and 6. 435
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(g) The provisions applicable to financial disclosure, 436
noticing, and reporting requirements generally are set forth 437
in sections 5 and 6. 438
(h) The provisions regarding procedures and 439
requirements for issuing bonds are set forth in section 6. 440
(i) The provisions regarding elections or referenda 441
and the qualifications of an elector of the district are set 442
forth in sections 2 and 5. 443
(j) The provisions regarding methods for financing the 444
district generally are set forth in section 6. 445
(k) Other than taxes levied for the payment of bonds 446
and taxes levied for periods not longer than 2 years when 447
authorized by vote of the electors of the district, the 448
provisions for the authority to levy ad valorem tax and the 449
authorized millage rate are set forth in section 6. 450
(l) The provisions for the method or methods of 451
collecting non-ad valorem assessments, fees, or service 452
charges are set forth in section 6. 453
(m) The provisions for planning requirements are in 454
this section and section 6. 455
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(n) The provisions for geographic boundary limitations 456
of the district are set forth in sections 4 and 6. 457
(2) The Corkscrew Grove Stewardship District is 458
created and incorporated as a public body corporate and 459
politic, an independent special and limited purpose local 460
government, an independent special district, under s. 189.031, 461
Florida Statutes, as amended from time to time, and as defined 462
in this act and in s. 189.012(3), Florida Statutes, as amended 463
from time to time, in and for portions of Collier County. Any 464
amendments to chapter 190, Florida Statutes, after January 1, 465
2025 granting additional general powers, special powers, 466
authorities, or projects to a community development district 467
by amendment to its uniform charter, ss. 190.006-190.041, 468
Florida Statutes, which are not inconsistent with this act, 469
shall constitute a general power, special power, authority, or 470
function of the Corkscrew Grove Stewardship District. All 471
notices for the enactment by the Legislature of this special 472
act have been provided pursuant to the State Constitution, the 473
Laws of Florida, and the Rules of the Florida House of 474
Representatives and of the Florida Senate. No referendum 475
subsequent to the effective date of this act is required as a 476
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condition of establishing the district. Therefore, the 477
district, as created by this act, is established on the 478
property described in this act. 479
(3) The territorial boundary of the district shall 480
embrace and include all of that certain real property 481
described in section 4. 482
(4) The jurisdiction of the district, in the exercise 483
of its general and special powers, and in the carrying out of 484
its special and limited purposes, is both within the external 485
boundaries of the legal description of this district and 486
extraterritorially when limited to, and as authorized 487
expressly elsewhere in, the charter of the district as created 488
in this act or applicable general law. This special and 489
limited purpose district is created as a public body corporate 490
and politic, and local government authority and power is 491
limited by its charter, this act, and subject to other general 492
laws, including chapter 189, Florida Statutes, except that an 493
inconsistent provision in this act shall control and the 494
district has jurisdiction to perform such acts and exercise 495
such authorities, functions, and powers as shall be necessary, 496
convenient, incidental, proper, or reasonable for the 497
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implementation of its special and limited purpose regarding 498
the sound planning, provision, acquisition, development, 499
operation, maintenance, and related financing of those public 500
systems, facilities, services, improvements, projects, and 501
infrastructure works as authorized herein, including those 502
necessary and incidental thereto. The district shall only 503
exercise any of its powers extraterritorially within Collier 504
County after execution of an interlocal agreement between the 505
district and Collier County consenting to the district's 506
exercise of any of such powers within Collier County or an 507
applicable development order or as part of other land 508
development regulations issued by Collier County. 509
(5) The exclusive charter of the Corkscrew Grove 510
Stewardship District is this act and, except as otherwise 511
provided in subsection (2), may be amended only by special act 512
of the Legislature. 513
Section 4. Legal description of the Corkscrew Grove 514
Stewardship District.—The metes and bounds legal description 515
of the district, within which there are no parcels of property 516
owned by those who do not wish their property to be included 517
within the district, is as follows: 518
Page 9676 of 10663
A PARCEL OF LAND LOCATED IN SECTIONS 03, 04, 05, 06, 07, 08, 519
09, 10, 15 AND 18, TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER 520
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 521
AREA 1: 522
BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF 523
SAID SECTION 04; THENCE RUN S.89°34'35"E., ALONG THE NORTH 524
LINE OF SAID NORTHWEST QUARTER, FOR A DISTANCE OF 2,601.08 525
FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID 526
SECTION 04; THENCE RUN N.89°49'18"E., ALONG THE NORTH LINE OF 527
SAID NORTHEAST QUARTER, FOR A DISTANCE OF 2,703.78 FEET TO THE 528
NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 03; 529
THENCE RUN S.89°29'58"E., ALONG THE NORTH LINE OF SAID 530
NORTHWEST QUARTER, FOR A DISTANCE OF 2,641.45 FEET TO THE 531
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 03; 532
THENCE RUN S.89°29'58"E., ALONG THE NORTH LINE OF SAID 533
NORTHEAST QUARTER, FOR A DISTANCE OF 2,641.44 FEET TO THE 534
NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE RUN 535
S.00°35'20"E., ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, 536
FOR A DISTANCE OF 2,629.09 FEET TO THE NORTHEAST CORNER OF THE 537
SOUTHEAST QUARTER OF SAID SECTION 03; THENCE RUN 538
S.00°35'45"E., ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, 539
Page 9677 of 10663
FOR A DISTANCE OF 1,532.89 FEET TO THE NORTHERLY RIGHT OF WAY 540
LINE OF STATE ROAD 82 (A 200 FOOT RIGHT OF WAY), SAID POINT 541
HEREINAFTER REFERRED TO AS POINT “A”; THENCE RUN 542
N.73°57'58"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A 543
DISTANCE OF 4,219.38 FEET TO A POINT ON SAID NORTHERLY RIGHT 544
OF WAY LINE HEREINAFTER REFERRED TO AS POINT “B”; THENCE 545
CONTINUE N.73°57'58"W., ALONG SAID NORTHERLY RIGHT OF WAY 546
LINE, FOR A DISTANCE OF 5,305.11 FEET TO A POINT ON SAID 547
NORTHERLY RIGHT OF WAY LINE HEREINAFTER REFERRED TO AS POINT 548
“C”; THENCE CONTINUE N.73°57'58"W., ALONG SAID NORTHERLY RIGHT 549
OF WAY LINE, FOR A DISTANCE OF 1,511.79 TO THE WEST LINE OF 550
SAID NORTHWEST QUARTER OF SAID SECTION 04; THENCE RUN 551
N.01°10'09"W., ALONG SAID WEST LINE, FOR A DISTANCE OF 552
1,123.48 FEET; TO THE POINT OF BEGINNING. 553
LESS AND EXCEPT: 554
COMMENCE AT THE AFOREMENTIONED POINT “B”; THENCE RUN 555
N.16°02'02"E., FOR A DISTANCE OF 62.00 FEET TO THE POINT OF 556
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE 557
CONTINUE, N.16°02'02"E., FOR A DISTANCE OF 39.22 FEET TO THE 558
BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN 559
NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A 560
Page 9678 of 10663
RADIUS OF 647.96 FEET, THROUGH A CENTRAL ANGLE OF 16°37'00", 561
SUBTENDED BY A CHORD DISTANCE OF 187.26 FEET, AT A BEARING OF 562
N.07°43'32"E., FOR A DISTANCE OF187.92 FEET TO THE END OF SAID 563
CURVE; THENCE RUN, N.00°34'58"W., A DISTANCE OF 191.27 FEET; 564
THENCE RUN S.89°25'02"W., FOR A DISTANCE OF 70.55 FEET; THENCE 565
RUN N.00°34'58"W., FOR A DISTANCE OF 40.00 FEET; THENCE RUN 566
N.89°25'02"E., FOR A DISTANCE OF 70.55 FEET; THENCE RUN 567
N.00°34'58"W., FOR A DISTANCE OF 199.86 FEET; THENCE RUN 568
N.89°20'29"E., FOR A DISTANCE OF 239.66 FEET; THENCE RUN 569
S.38°31'20"E., FOR A DISTANCE OF 143.21 FEET; THENCE RUN 570
S.51°28'40"W., FOR A DISTANCE OF 52.80 FEET; THENCE RUN 571
S.00°39'31"E., FOR A DISTANCE OF 605.94 FEET; THENCE RUN 572
N.73°58'04"W., FOR A DISTANCE OF 339.31 FEET TO THE POINT OF 573
BEGINNING. 574
ALSO LESS AND EXCEPT: 575
COMMENCE AT THE AFOREMENTIONED POINT “C”, THENCE RUN 576
N.16°02'02"E., FOR A DISTANCE OF 73.00 FEET TO THE POINT OF 577
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE 578
CONTINUE N.16°02'02"E., FOR A DISTANCE OF 60.91 FEET; THENCE 579
RUN N.01°02'21"W., FOR A DISTANCE OF 132.64 FEET; THENCE RUN 580
N.88°57'41"E., FOR A DISTANCE OF 234.50 FEET; THENCE RUN 581
Page 9679 of 10663
S.01°02'17"E., FOR A DISTANCE OF 268.38 FEET; THENCE RUN 582
N.73°57'54"W., FOR A DISTANCE OF 264.01 FEET TO THE POINT OF 583
BEGINNING. 584
AND AREA 2: 585
COMMENCE AT SAID NORTHWEST CORNER OF THE NORTHWEST QUARTER OF 586
SAID SECTION 04; THENCE RUN S.89°58'53"W., ALONG THE NORTH 587
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 05, FOR A 588
DISTANCE OF 2,655.24 FEET TO THE NORTHEAST CORNER OF THE 589
NORTHWEST QUARTER OF SAID SECTION 05; THENCE RUN 590
S.89°59'22"W., ALONG THE NORTH LINE OF THE NORTHWEST QUARTER 591
OF SAID SECTION 05, FOR A DISTANCE OF 1,950.13 FEET TO A POINT 592
ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 593
200 FOOT RIGHT OF WAT), AND THE POINT OF BEGINNING OF THE 594
PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S.73°57'58"E., 595
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 596
5,567.97 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY 597
LINE, RUN S.36°17'02"W., FOR A DISTANCE OF 85.80 FEET; THENCE 598
RUN N.73°57'58"W., FOR A DISTANCE OF 327.44 FEET; THENCE RUN 599
N.78°05'08"W., FOR A DISTANCE OF 96.93 FEET; THENCE RUN 600
S.00°02'23"W., FOR A DISTANCE OF 322.02 FEET; THENCE RUN 601
S.73°57'58"E., FOR A DISTANCE OF 218.62 FEET; THENCE RUN 602
Page 9680 of 10663
S.36°17'02"W., FOR A DISTANCE OF 265.76 FEET; THENCE RUN 603
S.53°42'58"E., FOR A DISTANCE OF 60.00 FEET; THENCE RUN 604
N.36°17'02"E., FOR A DISTANCE OF 711.07 FEET TO SAID SOUTHERLY 605
RIGHT OF WAY LINE; THENCE RUN S.73°57'57"E., ALONG SAID 606
SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 3,151.52 FEET; 607
THENCE RUN S.16°02'02"W., FOR A DISTANCE OF 25.00 FEET; THENCE 608
RUN S.73°57'58"E., FOR A DISTANCE OF 464.76 FEET TO THE 609
NORTHERLY RIGHT OF WAY LINE OF CORKSCREW ROAD (A 100 FOOT 610
RIGHT OF WAY); THENCE RUN S.20°51'56"W., ALONG SAID NORTHERLY 611
RIGHT OF WAY LINE, FOR A DISTANCE OF 1,727.40 FEET TO THE 612
BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT, THENCE RUN 613
SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND 614
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 615
1,859.86 FEET, THROUGH A CENTRAL ANGLE OF 37°08'16", SUBTENDED 616
BY A CHORD DISTANCE OF 1,184.52 FEET, AT A BEARING OF 617
S.39°26'04"W., FOR A DISTANCE OF 1,205.52 FEET TO THE END OF 618
SAID CURVE; THENCE RUN S.58°00'12"W., ALONG SAID NORTHERLY 619
RIGHT OF WAY LINE, FOR A DISTANCE OF 6,667.70 FEET TO THE 620
BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN 621
SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND 622
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 623
Page 9681 of 10663
2,914.79 FEET, THROUGH A CENTRAL ANGLE OF 10°45'18", SUBTENDED 624
BY A CHORD DISTANCE OF 546.33 FEET, AT A BEARING OF 625
S.52°37'33"W., FOR A DISTANCE OF 547.14 FEET TO THE END OF 626
SAID CURVE; THENCE RUN S.47°14'54"W., ALONG SAID NORTHERLY 627
RIGHT OF WAY LINE, FOR A DISTANCE OF 5,800.34 FEET; THENCE RUN 628
S.49°36'55"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A 629
DISTANCE OF 484.30 FEET; THENCE RUN S.47°14'54"W., ALONG SAID 630
NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1,526.83 FEET 631
TO THE BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT, THENCE 632
RUN WESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND ALONG 633
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 904.93 634
FEET, THROUGH A CENTRAL ANGLE OF 42°19'05", SUBTENDED BY A 635
CHORD DISTANCE OF 653.28 FEET, AT A BEARING OF S.68°24'26"W., 636
FOR A DISTANCE OF 668.37 FEET TO THE END OF SAID CURVE; THENCE 637
RUN S.89°33'59"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR 638
A DISTANCE OF 996.61 FEET TO THE WEST LINE OF THE NORTHWEST 639
QUARTER OF SAID SECTION 18; THENCE RUN N.00°39'16"W., ALONG 640
SAID WEST LINE, FOR A DISTANCE OF 2,572.80 FEET TO THE 641
SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 07; 642
THENCE RUN N.00°25'09"W., ALONG THE WEST LINE OF SAID 643
SOUTHWEST QUARTER, FOR A DISTANCE OF 2,638.29 FEET TO THE 644
Page 9682 of 10663
SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 07; 645
THENCE RUN N.00°24'09"W., ALONG THE WEST LINE OF SAID 646
NORTHWEST QUARTER, FOR A DISTANCE OF 2,642.30 FEET TO THE 647
SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 06; 648
THENCE RUN N.00°48'21"W., ALONG THE WEST LINE OF SAID SECTION 649
06, FOR A DISTANCE OF 5,123.01 FEET; THENCE RUN S.84°55'35"E., 650
FOR A DISTANCE OF 3,585.78 FEET; THENCE RUN N.01°07'40"W., FOR 651
A DISTANCE OF 1,837.49 FEET TO THE NORTH LINE OF THE NORTHEAST 652
QUARTER OF SAID SECTION 06; THENCE RUN N.89°37'36"E., ALONG 653
SAID NORTH LINE, FOR A DISTANCE OF 1,831.47 FEET TO THE 654
NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 05; 655
THENCE RUN N.89°59'22"E., ALONG THE NORTH LINE OF SAID 656
NORTHWEST QUARTER, FOR A DISTANCE OF 700.61 FEET TO THE POINT 657
OF BEGINNING. 658
AND AREA 3: 659
COMMENCE AT THE AFOREMENTIONED POINT “A”, THENCE RUN 660
S.00°35'45"E., ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 661
OF SECTION 03, FOR A DISTANCE OF 208.73 FEET TO A POINT ON THE 662
SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 200 FOOT 663
RIGHT OF WAY), THE SAME BEING THE POINT OF BEGINNING OF THE 664
PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE 665
Page 9683 of 10663
S.00°35'45"E., ALONG SAID EAST LINE, FOR A DISTANCE OF 887.38 666
FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID 667
SECTION 10; THENCE RUN S.00°28'02"E., ALONG THE EAST LINE OF 668
SAID NORTHEAST QUARTER, FOR A DISTANCE OF 2,699.34 FEET TO THE 669
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; 670
THENCE RUN S.00°28'13"E., ALONG THE EAST LINE OF SAID 671
SOUTHEAST QUARTER, FOR A DISTANCE OF 2,699.02 FEET TO THE 672
NORTHEAST CORNER OF SAID SECTION 15; THENCE RUN S.00°08'16"E., 673
ALONG THE EAST LINE OF SAID SECTION 15, FOR A DISTANCE OF 674
4,277.12 FEET; THENCE RUN S.89°41'04"W., FOR A DISTANCE OF 675
1,890.02 FEET; THENCE RUN N.00°08'15"W., FOR A DISTANCE OF 676
4,276.95 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF 677
SECTION 15; THENCE RUN N.55°11'37"W., FOR A DISTANCE OF 678
4,023.70 FEET; THENCE RUN N.00°08'20"W., FOR A DISTANCE OF 679
707.83 FEET; THENCE RUN S.79°20'37"W., FOR A DISTANCE OF 680
1,604.70 FEET; THENCE RUN N.41°31'31"W., FOR A DISTANCE OF 681
1,675.17 FEET; THENCE RUN N.75°10'22"W., FOR A DISTANCE OF 682
213.78 FEET; THENCE RUN S.14°49'38"W., FOR A DISTANCE OF 683
726.00 FEET; THENCE RUN N.75°10'22"W., FOR A DISTANCE OF 684
758.28 FEET; THENCE RUN N.55°37'02"W., FOR A DISTANCE OF 685
989.88 FEET; THENCE RUN N.31°34'44"W., FOR A DISTANCE OF 86.46 686
Page 9684 of 10663
FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF CORKSCREW ROAD (A 687
100 FOOT RIGHT OF WAY); THENCE RUN N.58°00'12"E., ALONG SAID 688
SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 2,531.39 FEET 689
TO THE BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN 690
NORTHEASTERLY, ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND 691
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 692
1,959.86 FEET, THROUGH A CENTRAL ANGLE OF 37°08'16", SUBTENDED 693
BY A CHORD DISTANCE OF 1,248.21 FEET, AT A BEARING OF 694
N.39°26'04"E., FOR A DISTANCE OF 1,270.34 FEET TO THE END OF 695
SAID CURVE; THENCE RUN N.20°51'56"E., ALONG SAID SOUTHERLY 696
RIGHT OF WAY LINE, FOR A DISTANCE OF 1,760.94 FEET TO SAID 697
SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 200 FOOT 698
RIGHT OF WAY); THENCE RUN S.73°57'58"E., ALONG SAID SOUTHERLY 699
RIGHT OF WAY LINE, FOR A DISTANCE OF 2,115.13 FEET TO A POINT 700
HEREINAFTER REFERRED TO AS POINT “D”; THENCE CONTINUE 701
S.73°57'58"E., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A 702
DISTANCE OF 4,388.36 FEET TO THE POINT OF BEGINNING. 703
LESS AND EXCEPT: 704
COMMENCE AT THE AFOREMENTIONED POINT “D”, THENCE RUN 705
S.16°02'02"W., FOR A DISTANCE OF 11.88 FEET TO THE POINT OF 706
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN 707
Page 9685 of 10663
S.31°00'02"W., FOR A DISTANCE OF 266.13 FEET; THENCE RUN 708
S.58°59'58"E., FOR A DISTANCE OF 15.00 FEET; THENCE RUN 709
S.31°00'02"W., FOR A DISTANCE OF 30.00 FEET; THENCE RUN 710
N.58°59'58"W., FOR A DISTANCE OF 15.00 FEET; THENCE RUN 711
S.31°00'02"W., FOR A DISTANCE OF 52.82 FEET; THENCE RUN 712
N.73°57'58"W., FOR A DISTANCE OF 134.39 FEET; THENCE RUN 713
N.00°35'44"W., FOR A DISTANCE OF 327.71 FEET THENCE RUN 714
S.79°16'41"E., FOR A DISTANCE OF 74.78 FEET; THENCE RUN 715
S.80°31'35"E., FOR A DISTANCE OF 61.84 FEET; THENCE RUN 716
S.76°49'43"E., FOR A DISTANCE OF 182.63 FEET TO THE POINT OF 717
BEGINNING. 718
CONTAINING A TOTAL AREA OF 4,662.710 ACRES, MORE OR LESS. 719
BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST 720
QUARTER OF SECTION 03, TOWNSHIP 46 SOUTH, RANGE 28 EAST, 721
COLLIER COUNTY, FLORIDA, HAVING A BEARING OF S.89°29'58"E. 722
SOUTH 89° 23' 32. 723
Being subject to any rights-of-way, restrictions and easements 724
of record. 725
Section 5. Board of supervisors; members and meetings; 726
organization; powers; duties; terms of office; related 727
election requirements.— 728
Page 9686 of 10663
(1) The board of the district shall exercise the 729
powers granted to the district pursuant to this act. The board 730
shall consist of five members, each of whom shall hold office 731
for a term of 4 years, as provided in this section, except as 732
otherwise provided herein for initial board members, and until 733
a successor is chosen and qualified. The members of the board 734
must be residents of the state and citizens of the United 735
States. 736
(2)(a) Within 90 days after the effective date of this 737
act, there shall be held a meeting of the landowners of the 738
district for the purpose of electing five supervisors for the 739
district. Notice of the landowners' meeting shall be published 740
once a week for 2 consecutive weeks in a newspaper that is in 741
general circulation in the area of the district, the last day 742
of such publication to be not fewer than 14 days or more than 743
28 days before the date of the election. The landowners, when 744
assembled at such meeting, shall organize by electing a chair, 745
who shall conduct the meeting. The chair may be any person 746
present at the meeting. If the chair is a landowner or proxy 747
holder of a landowner, he or she may nominate candidates and 748
Page 9687 of 10663
make and second motions. The landowners present at the 749
meeting, in person or by proxy, shall constitute a quorum. At 750
any landowners' meeting, 50 percent of the district acreage 751
shall not be required to constitute a quorum, and each 752
governing board member elected by landowners shall be elected 753
by a majority of the acreage represented either by owner or 754
proxy present and voting at said meeting. 755
(b) At such meeting, each landowner shall be entitled 756
to cast one vote per acre of land owned by him or her and 757
located within the district for each person to be elected. A 758
landowner may vote in person or by proxy in writing. Each 759
proxy must be signed by one of the legal owners of the 760
property for which the vote is cast and must contain the typed 761
or printed name of the individual who signed the proxy; the 762
street address, legal description of the property, or tax 763
parcel identification number; and the number of authorized 764
votes. If the proxy authorizes more than one vote, each 765
property must be listed and the number of acres of each 766
property must be included. The signature on a proxy need not 767
be notarized. A fraction of an acre shall be treated as 1 768
acre, entitling the landowner to one vote with respect 769
Page 9688 of 10663
thereto. The three candidates receiving the highest number of 770
votes shall each be elected for terms expiring November 28, 771
2028, and the two candidates receiving the next highest number 772
of votes shall each be elected for terms expiring November 24, 773
2026 with the term of office for each successful candidate 774
commencing upon election. The members of the first board 775
elected by landowners shall serve their respective terms; 776
however, the next election of board members shall be held on 777
the first Tuesday after the first Monday in November 2026. 778
Thereafter, there shall be an election by landowners for the 779
district every 2 years on the first Tuesday after the first 780
Monday in November, which shall be noticed pursuant to 781
paragraph (a). The second and subsequent landowners' election 782
shall be announced at a public meeting of the board at least 783
90 days before the date of the landowners' meeting and shall 784
also be noticed pursuant to paragraph (a). Instructions on how 785
all landowners may participate in the election, along with 786
sample proxies, shall be provided during the board meeting 787
that announces the landowners' meeting. Each supervisor 788
elected in or after November 2026 shall serve a 4-year term. 789
Page 9689 of 10663
(3)(a)1. The board may not exercise the ad valorem 790
taxing power authorized by this act until such time as all 791
members of the board are qualified electors who are elected by 792
qualified electors of the district. 793
2.a. Regardless of whether the district has proposed 794
to levy ad valorem taxes, board members shall begin being 795
elected by qualified electors of the district as the district 796
becomes populated with qualified electors. The transition 797
shall occur such that the composition of the board, after the 798
first general election following a trigger of the qualified 799
elector population thresholds set forth below, shall be as 800
follows: 801
(I) Once 3,600 qualified electors reside within the 802
district, one governing board member shall be a person who is 803
a qualified elector of the district and who was elected by the 804
qualified electors, and four governing board members shall be 805
persons who were elected by the landowners. 806
(II) Once 6,600 qualified electors reside within the 807
district, two governing board members shall be persons who are 808
qualified electors of the district and who were elected by the 809
Page 9690 of 10663
qualified electors, and three governing board members shall be 810
persons elected who were by the landowners. 811
(III) Once 9,600 qualified electors reside within the 812
district, three governing board members shall be persons who 813
are qualified electors of the district and who were elected by 814
the qualified electors and two governing board members shall 815
be persons who were elected by the landowners. 816
(IV) Once 10,600 qualified electors reside within the 817
district, four governing board members shall be persons who 818
are qualified electors of the district and who were elected by 819
the qualified electors, and one governing board member shall 820
be a person who was elected by the landowners. 821
(V) Once 12,000 qualified electors reside within the 822
district, all five governing board members shall be persons 823
who are qualified electors of the district and who were 824
elected by the qualified electors. 825
Nothing in this sub-subparagraph is intended to require an 826
election prior to the expiration of an existing board member's 827
term. 828
b. On or before June 1 of each election year, the 829
board shall determine the number of qualified electors in the 830
Page 9691 of 10663
district as of the immediately preceding April 15. The board 831
shall use and rely upon the official records maintained by the 832
supervisor of elections and property appraiser or tax 833
collector in Collier County in making this determination. Such 834
determination shall be made at a properly noticed meeting of 835
the board and shall become a part of the official minutes of 836
the district. 837
c. All governing board members elected by qualified 838
electors shall be elected at large at an election occurring as 839
provided in subsection (2) and this subsection. 840
d. All governing board members elected by qualified 841
electors shall reside in the district. 842
e. Once the district qualifies to have any of its 843
board members elected by the qualified electors of the 844
district, the initial and all subsequent elections by the 845
qualified electors of the district shall be held at the 846
general election in November. The board shall adopt a 847
resolution, if necessary, to implement this requirement. The 848
transition process described herein is intended to be in lieu 849
of the process set forth in s. 189.041, Florida Statutes. 850
Page 9692 of 10663
(b) Elections of board members by qualified electors 851
held pursuant to this subsection shall be nonpartisan and 852
shall be conducted in the manner prescribed by law for holding 853
general elections. Board members shall assume the office on 854
the second Tuesday following their election. 855
(c) Candidates seeking election to office by qualified 856
electors under this subsection shall conduct their campaigns 857
in accordance with chapter 106, Florida Statutes, and shall 858
file qualifying papers and qualify for individual seats in 859
accordance with s. 99.061, Florida Statutes. 860
(d) The supervisor of elections shall appoint the 861
inspectors and clerks of elections, prepare and furnish the 862
ballots, designate polling places, and canvass the returns of 863
the election of board members by qualified electors. The 864
county canvassing board shall declare and certify the results 865
of the election. 866
(4) Members of the board, regardless of how elected, 867
shall be public officers, shall be known as supervisors, and, 868
upon entering into office, shall take and subscribe to the 869
oath of office as prescribed by s. 876.05, Florida Statutes. 870
Members of the board shall be subject to ethics and conflict 871
Page 9693 of 10663
of interest laws of the state that apply to all local public 872
officers. They shall hold office for the terms for which they 873
were elected or appointed and until their successors are 874
chosen and qualified. If, during the term of office, a vacancy 875
occurs, the remaining members of the board shall fill each 876
vacancy by an appointment for the remainder of the unexpired 877
term. 878
(5) Any elected member of the board of supervisors may 879
be removed by the Governor for malfeasance, misfeasance, 880
dishonesty, incompetency, or failure to perform the duties 881
imposed upon him or her by this act, and any vacancies that 882
may occur in such office for such reasons shall be filled by 883
the Governor as soon as practicable. 884
(6) A majority of the members of the board constitutes 885
a quorum for the purposes of conducting its business and 886
exercising its powers and for all other purposes. Action taken 887
by the district shall be upon a vote of a majority of the 888
members present unless general law or a rule of the district 889
requires a greater number. 890
(7) As soon as practicable after each election or 891
appointment, the board shall organize by electing one of its 892
Page 9694 of 10663
members as chair and by electing a secretary, who need not be 893
a member of the board, and such other officers as the board 894
may deem necessary. 895
(8) The board shall keep a permanent record book 896
entitled "Record of Proceedings of Corkscrew Grove Stewardship 897
District," in which shall be recorded minutes of all meetings, 898
resolutions, proceedings, certificates, bonds given by all 899
employees, and any and all corporate acts. The record book and 900
all other district records shall at reasonable times be opened 901
to inspection in the same manner as state, county, and 902
municipal records pursuant to chapter 119, Florida Statutes. 903
The record book shall be kept at the office or other regular 904
place of business maintained by the board in a designated 905
location in Collier County. 906
(9) No supervisor shall be entitled to receive 907
compensation for his or her services in excess of the limits 908
established in s. 190.006(8), Florida Statutes, or any 909
successor statute thereto; however, each supervisor shall 910
receive travel and per diem expenses as set forth in s. 911
112.061, Florida Statutes. 912
Page 9695 of 10663
(10) All meetings of the board shall be open to the 913
public and governed by chapter 286, Florida Statutes. 914
Section 6. Board of supervisors; general duties.— 915
(1) DISTRICT MANAGER AND EMPLOYEES.—The board shall 916
employ and fix the compensation of a district manager, who 917
shall have charge and supervision of the works of the district 918
and shall be responsible for preserving and maintaining any 919
improvement or facility constructed or erected pursuant of 920
this act, for maintaining and operating the equipment owned by 921
the district, and for performing such other duties as may be 922
prescribed by the board. It shall not be a conflict of 923
interest or constitute an abuse of public position under 924
chapter 112, Florida Statutes, for a board member, the 925
district manager, or another employee of the district to be a 926
stockholder, officer, or employee of a landowner or an 927
affiliate of a landowner. The district manager may hire or 928
otherwise employ and terminate the employment of such other 929
persons, including, without limitation, professional, 930
supervisory, and clerical employees, as may be necessary and 931
authorized by the board. The compensation and other conditions 932
Page 9696 of 10663
of employment of the officers and employees of the district 933
shall be as provided by the board. 934
(2) TREASURER.—The board shall designate a person who 935
is a resident of the state as treasurer of the district, who 936
shall have charge of the funds of the district. Such funds 937
shall be disbursed only upon the order of or pursuant to a 938
resolution of the board by warrant or check countersigned by 939
the treasurer and by such other person as may be authorized by 940
the board. The board may give the treasurer such other or 941
additional powers and duties as the board may deem appropriate 942
and may fix his or her compensation. The board may require the 943
treasurer to give a bond in such amount, on such terms, and 944
with such sureties as may be deemed satisfactory to the board 945
to secure the performance by the treasurer of his or her 946
powers and duties. The financial records of the board shall be 947
audited by an independent certified public accountant in 948
accordance with the requirements of general law. 949
(3) PUBLIC DEPOSITORY.—The board is authorized to 950
select as a depository for its funds any qualified public 951
depository as defined in s. 280.02, Florida Statutes, which 952
meets all the requirements of chapter 280, Florida Statutes, 953
Page 9697 of 10663
and has been designated by the treasurer as a qualified public 954
depository upon such terms and conditions as to the payment of 955
interest by such depository upon the funds so deposited as the 956
board may deem just and reasonable. 957
(4) BUDGET; REPORTS AND REVIEWS.— 958
(a) The district shall provide financial reports in 959
such form and such manner as prescribed pursuant to this act 960
and chapter 218, Florida Statutes, as amended from time to 961
time. 962
(b) On or before July 15 of each year, the district 963
manager shall prepare a proposed budget for the ensuing fiscal 964
year to be submitted to the board for board approval. The 965
proposed budget shall include at the direction of the board an 966
estimate of all necessary expenditures of the district for the 967
ensuing fiscal year and an estimate of income to the district 968
from the taxes and assessments provided in this act. The board 969
shall consider the proposed budget item by item and may either 970
approve the budget as proposed by the district manager or 971
modify the same in part or in whole. The board shall indicate 972
its approval of the budget by resolution, which resolution 973
shall provide for a hearing on the budget as approved. Notice 974
Page 9698 of 10663
of the hearing on the budget shall be published in a newspaper 975
of general circulation in the area of the district once a week 976
for 2 consecutive weeks, except that the first publication 977
shall be no less than 15 days prior to the date of the 978
hearing. The notice shall further contain a designation of the 979
day, time, and place of the public hearing. At the time and 980
place designated in the notice, the board shall hear all 981
objections to the budget as proposed and may make such changes 982
as the board deems necessary. At the conclusion of the budget 983
hearing, the board shall, by resolution, adopt the budget as 984
finally approved by the board. The budget shall be adopted 985
prior to October 1 of each year. 986
(c) At least 60 days prior to adoption, the board of 987
supervisors of the district shall submit to the Board of 988
County Commissioners of Collier County, for purposes of 989
disclosure and information only, the proposed annual budget 990
for the ensuing fiscal year, and the commission may submit 991
written comments to the board of supervisors solely for the 992
assistance and information of the board of supervisors of the 993
district in adopting its annual district budget. 994
Page 9699 of 10663
(d) The board of supervisors of the district shall 995
submit annually a public facilities report to the Board of 996
County Commissioners of Collier County pursuant to Florida 997
Statutes. The commission may use and rely on the district's 998
public facilities report in the preparation or revision of the 999
Collier County comprehensive plan. 1000
(5) DISCLOSURE OF PUBLIC INFORMATION; WEB-BASED PUBLIC 1001
ACCESS.—The district shall take affirmative steps to provide 1002
for the full disclosure of information relating to the public 1003
financing and maintenance of improvements to real property 1004
undertaken by the district. Such information shall be made 1005
available to all existing residents and all prospective 1006
residents of the district. The district shall furnish each 1007
developer of a residential development within the district 1008
with sufficient copies of that information to provide each 1009
prospective initial purchaser of property in that development 1010
with a copy; and any developer of a residential development 1011
within the district, when required by law to provide a public 1012
offering statement, shall include a copy of such information 1013
relating to the public financing and maintenance of 1014
improvements in the public offering statement. The district 1015
Page 9700 of 10663
shall file the disclosure documents required by this 1016
subsection and any amendments thereto in the property records 1017
of each county in which the district is located. By the end of 1018
the first full fiscal year of the district's creation, the 1019
district shall maintain an official Internet website in 1020
accordance with s. 189.069, Florida Statutes. 1021
(6) GENERAL POWERS.—The district shall have, and the 1022
board may exercise, the following general powers: 1023
(a) To sue and be sued in the name of the district; to 1024
adopt and use a seal and authorize the use of a facsimile 1025
thereof; to acquire, by purchase, gift, devise, or otherwise, 1026
and to dispose of, real and personal property, or any estate 1027
therein; and to make and execute contracts and other 1028
instruments necessary or convenient to the exercise of its 1029
powers. 1030
(b) To apply for coverage of its employees under the 1031
Florida Retirement System in the same manner as if such 1032
employees were state employees. 1033
(c) To contract for the services of consultants to 1034
perform planning, engineering, legal, or other appropriate 1035
services of a professional nature. Such contracts shall be 1036
Page 9701 of 10663
subject to public bidding or competitive negotiation 1037
requirements as set forth in general law applicable to 1038
independent special districts. 1039
(d) To borrow money and accept gifts; to apply for and 1040
use grants or loans of money or other property from the United 1041
States, the state, a unit of local government, or any person 1042
for any district purposes and enter into agreements required 1043
in connection therewith; and to hold, use, and dispose of such 1044
moneys or property for any district purposes in accordance 1045
with the terms of the gift, grant, loan, or agreement relating 1046
thereto. 1047
(e) To adopt and enforce rules and orders pursuant to 1048
chapter 120, Florida Statutes, prescribing the powers, duties, 1049
and functions of the officers of the district; the conduct of 1050
the business of the district; the maintenance of records; and 1051
the form of certificates evidencing tax liens and all other 1052
documents and records of the district. The board may also 1053
adopt and enforce administrative rules with respect to any of 1054
the projects of the district and define the area to be 1055
included therein. The board may also adopt resolutions which 1056
may be necessary for the conduct of district business. 1057
Page 9702 of 10663
(f) To maintain an office at such place or places as 1058
the board of supervisors designates in Collier County and 1059
within the district when facilities are available. 1060
(g) To hold, control, and acquire by donation, 1061
purchase, or condemnation, or dispose of, any public 1062
easements, dedications to public use, platted reservations for 1063
public purposes, or any reservations for those purposes 1064
authorized by this act and to make use of such easements, 1065
dedications, or reservations for the purposes authorized by 1066
this act. 1067
(h) To lease as lessor or lessee to or from any 1068
person, firm, corporation, association, or body, public or 1069
private, any projects of the type that the district is 1070
authorized to undertake and facilities or property of any 1071
nature for the use of the district to carry out the purposes 1072
authorized by this act. 1073
(i) To borrow money and issue bonds, certificates, 1074
warrants, notes, or other evidence of indebtedness as provided 1075
herein; to levy such taxes and assessments as may be 1076
authorized; and to charge, collect, and enforce fees and other 1077
user charges. 1078
Page 9703 of 10663
(j) To raise, by user charges or fees authorized by 1079
resolution of the board, amounts of money which are necessary 1080
for the conduct of district activities and services and to 1081
enforce their receipt and collection in the manner prescribed 1082
by resolution not inconsistent with law. 1083
(k) To exercise all powers of eminent domain now or 1084
hereafter conferred on counties in this state provided, 1085
however, that such power of eminent domain may not be 1086
exercised outside the territorial limits of the district 1087
unless the district receives prior approval by vote of a 1088
resolution of the governing body of the county if the taking 1089
will occur in an unincorporated area in that county, or the 1090
governing body of the city if the taking will occur in an 1091
incorporated area. The district shall not have the power to 1092
exercise eminent domain over municipal, county, state, or 1093
federal property. The powers hereinabove granted to the 1094
district shall be so construed to enable the district to 1095
fulfill the objects and purposes of the district as set forth 1096
in this act. 1097
(l) To cooperate with, or contract with, other 1098
governmental agencies as may be necessary, convenient, 1099
Page 9704 of 10663
incidental, or proper in connection with any of the powers, 1100
duties, or purposes authorized by this act. 1101
(m) To assess and to impose upon lands in the district 1102
ad valorem taxes as provided by this act. 1103
(n) If and when authorized by general law, to 1104
determine, order, levy, impose, collect, and enforce 1105
maintenance taxes. 1106
(o) To determine, order, levy, impose, collect, and 1107
enforce assessments pursuant to this act and chapter 170, 1108
Florida Statutes, as amended from time to time, pursuant to 1109
authority granted in s. 197.3631, Florida Statutes, or 1110
pursuant to other provisions of general law now or hereinafter 1111
enacted which provide or authorize a supplemental means to 1112
order, levy, impose, or collect special assessments. Such 1113
special assessments, in the discretion of the district, may be 1114
collected and enforced pursuant to ss. 197.3632 and 197.3635, 1115
Florida Statutes, and chapters 170 and 173, Florida Statutes, 1116
as they may be amended from time to time, or as provided by 1117
this act, or by other means authorized by general law now or 1118
hereinafter enacted. The district may levy such special 1119
assessments for the purposes enumerated in this act and to pay 1120
Page 9705 of 10663
special assessments imposed by Collier County on lands within 1121
the district. 1122
(p) To exercise such special powers and other express 1123
powers as may be authorized and granted by this act in the 1124
charter of the district, including powers as provided in any 1125
interlocal agreement entered into pursuant to chapter 163, 1126
Florida Statutes, or which shall be required or permitted to 1127
be undertaken by the district pursuant to any development 1128
order, including any detailed specific area plan development 1129
order, or any interlocal service agreement with Collier County 1130
or other unit of government for fair-share capital 1131
construction funding for any certain capital facilities or 1132
systems required of a developer pursuant to any applicable 1133
development order or agreement. 1134
(q) To exercise all of the powers necessary, 1135
convenient, incidental, or proper in connection with any other 1136
powers or duties or the special and limited purpose of the 1137
district authorized by this act. 1138
1139
This subsection shall be construed liberally in order to carry 1140
out effectively the special and limited purpose of this act. 1141
Page 9706 of 10663
(7) SPECIAL POWERS.—The district shall have, and the 1142
board may exercise, the following special powers to implement 1143
its lawful and special purpose and to provide, pursuant to 1144
that purpose, systems, facilities, services, improvements, 1145
projects, works, and infrastructure, each of which constitutes 1146
a lawful public purpose when exercised pursuant to this 1147
charter, subject to, and not inconsistent with, general law 1148
regarding utility providers' territorial and service 1149
agreements, the regulatory jurisdiction and permitting 1150
authority of all other applicable governmental bodies, 1151
agencies, and any special districts having authority with 1152
respect to any area included therein, and to plan, establish, 1153
acquire, construct or reconstruct, enlarge or extend, equip, 1154
operate, finance, fund, and maintain improvements, systems, 1155
facilities, services, works, projects, and infrastructure. If 1156
the district’s special powers in Section (7)(b) and the 1157
Immokalee Water and Sewer District’s powers will cause 1158
unnecessary duplication of services and facilities, the 1159
district and the Immokalee Water and Sewer District shall 1160
enter into an interlocal agreement to avoid inefficiencies and 1161
jointly exercise their common powers and authority. Nothing 1162
Page 9707 of 10663
herein shall preempt the powers and authority of the Immokalee 1163
Water and Sewer District. Any or all of the following special 1164
powers are granted by this act in order to implement the 1165
special and limited purpose of the district but do not 1166
constitute obligations to undertake such improvements, 1167
systems, facilities, services, works, projects or 1168
infrastructure: 1169
(a) To provide water management and control for the 1170
lands within the district, including irrigation systems and 1171
facilities, and to connect some or any of such facilities with 1172
roads and bridges. In the event that the board assumes the 1173
responsibility for providing water management and control for 1174
the district which is to be financed by benefit special 1175
assessments, the board shall adopt plans and assessments 1176
pursuant to law or may proceed to adopt water management and 1177
control plans, assess for benefits, and apportion and levy 1178
special assessments, as follows: 1179
1. The board shall cause to be made by the district's 1180
engineer, or such other engineer or engineers as the board may 1181
employ for that purpose, complete and comprehensive water 1182
management and control plans for the lands located within the 1183
Page 9708 of 10663
district that will be improved in any part or in whole by any 1184
system of facilities that may be outlined and adopted, and the 1185
engineer shall make a report in writing to the board with maps 1186
and profiles of said surveys and an estimate of the cost of 1187
carrying out and completing the plans. 1188
2. Upon the completion of such plans, the board shall 1189
hold a hearing thereon to hear objections thereto, shall give 1190
notice of the time and place fixed for such hearing by 1191
publication once each week for 2 consecutive weeks in a 1192
newspaper of general circulation in the general area of the 1193
district, and shall permit the inspection of the plan at the 1194
office of the district by all persons interested. All 1195
objections to the plan shall be filed at or before the time 1196
fixed in the notice for the hearing and shall be in writing. 1197
3. After the hearing, the board shall consider the 1198
proposed plan and any objections thereto and may modify, 1199
reject, or adopt the plan or continue the hearing until a day 1200
certain for further consideration of the proposed plan or 1201
modifications thereof. 1202
4. When the board approves a plan, a resolution shall 1203
be adopted and a certified copy thereof shall be filed in the 1204
Page 9709 of 10663
office of the secretary and incorporated by him or her into 1205
the records of the district. 1206
5. The water management and control plan may be 1207
altered in detail from time to time until the engineer's 1208
report pursuant to s. 298.301, Florida Statutes, is filed but 1209
not in such manner as to affect materially the conditions of 1210
its adoption. After the engineer's report has been filed, no 1211
alteration of the plan shall be made, except as provided by 1212
this act. 1213
6. Within 20 days after the final adoption of the plan 1214
by the board, the board shall proceed pursuant to s. 298.301, 1215
Florida Statutes. 1216
(b) To provide, subject to the Immokalee Water and 1217
Sewer District’s utility systems,water supply, sewer, 1218
wastewater, and reclaimed water management, reclamation, and 1219
reuse, or any combination thereof, and any irrigation systems, 1220
facilities, and services and to construct and operate water 1221
systems, sewer systems, irrigation systems, and reclaimed 1222
water systems such as connecting intercepting or outlet sewers 1223
and sewer mains and pipes and water mains, conduits, or 1224
pipelines in, along, and under any street, alley, highway, or 1225
Page 9710 of 10663
other public place or ways, and to dispose of any water, 1226
effluent, residue, or other byproducts of such water system, 1227
sewer system, irrigation system or reclaimed water system and 1228
to enter into interlocal agreements and other agreements with 1229
public or private entities for the same. Nothing herein shall 1230
permit the district to adversely impact the Immokalee Water 1231
and Sewer District’s bond resolutions or covenants. The 1232
Immokalee Water and Sewer District and the district will work 1233
in good faith to address any such adverse impacts through an 1234
interlocal agreement or other means. 1235
(c) To provide bridges, culverts, wildlife corridors, 1236
or road crossings that may be needed across any drain, ditch, 1237
canal, floodway, holding basin, excavation, public highway, 1238
tract, grade, fill, or cut and roadways over levees and 1239
embankments, and to construct any and all of such works and 1240
improvements across, through, or over any public right-of-way, 1241
highway, grade, fill, or cut. 1242
(d) To provide district or other roads equal to or 1243
exceeding the specifications of the county in which such 1244
district or other roads are located, and to provide street 1245
lights. This special power includes, but is not limited to, 1246
Page 9711 of 10663
roads, parkways, intersections, bridges, landscaping, 1247
hardscaping, irrigation, bicycle lanes, sidewalks, jogging 1248
paths, multiuse pathways and trails, street lighting, traffic 1249
signals, regulatory or informational signage, road striping, 1250
underground conduit, underground cable or fiber or wire 1251
installed pursuant to an agreement with or tariff of a retail 1252
provider of services, and all other customary elements of a 1253
functioning modern road system in general or as tied to the 1254
conditions of development approval for the area within and 1255
without the district, and parking facilities that are 1256
freestanding or that may be related to any innovative 1257
strategic intermodal system of transportation pursuant to 1258
applicable federal, state, and local law and ordinance. 1259
(e) To provide buses, trolleys, rail access, mass 1260
transit facilities, transit shelters, ridesharing facilities 1261
and services, parking improvements, and related signage. 1262
(f) To provide investigation and remediation costs 1263
associated with the cleanup of actual or perceived 1264
environmental contamination within the district under the 1265
supervision or direction of a competent governmental authority 1266
unless the covered costs benefit any person who is a landowner 1267
Page 9712 of 10663
within the district and who caused or contributed to the 1268
contamination. 1269
(g) To provide observation areas, mitigation areas, 1270
wetland creation areas, and wildlife habitat, including the 1271
maintenance of any plant or animal species, and any related 1272
interest in real or personal property. 1273
(h) Using its general and special powers as set forth 1274
in this act, to provide any other project within or without 1275
the boundaries of the district when the project is the subject 1276
of an agreement between the district and the Board of County 1277
Commissioners of Collier County or with any other applicable 1278
public or private entity, and is not inconsistent with the 1279
effective local comprehensive plans. 1280
(i) To provide parks and facilities for indoor and 1281
outdoor recreational, cultural, and educational uses. 1282
(j) To provide school buildings and related 1283
structures, which may be leased, sold, or donated to the 1284
school district, for use in the educational system when 1285
authorized by the district school board. 1286
(k) To provide security, including electronic 1287
intrusion-detection systems and patrol vehicles, when 1288
Page 9713 of 10663
authorized by proper governmental agencies, and to contract 1289
with the appropriate local general-purpose government agencies 1290
for an increased level of such services within the district 1291
boundaries. However, this paragraph does not prohibit the 1292
district from contracting with a towing operator to remove a 1293
vehicle or vessel from a district-owned facility or property 1294
if the district follows the authorization and notice and 1295
procedural requirements in s. 715.07, Florida Statutes, for an 1296
owner or lessee of private property. The district’s selection 1297
of a towing operator is not subject to public bidding if the 1298
towing operator is included in an approved list of tow 1299
operators maintained by the local government that has 1300
jurisdiction over the district’s facility or property. 1301
(l) To provide control and elimination of mosquitoes 1302
and other arthropods of public health importance. 1303
(m) To enter into impact fee, mobility fee, or other 1304
similar credit agreements with Collier County or other 1305
governmental bodies or a landowner developer and to sell or 1306
assign such credits, on such terms as the district deems 1307
appropriate. 1308
Page 9714 of 10663
(n) To provide buildings and structures for district 1309
offices, maintenance facilities, meeting facilities, town 1310
centers, stadiums or any other project authorized or granted 1311
by this act. 1312
(o) To establish and create, at noticed meetings, such 1313
departments of the board of supervisors of the district, as 1314
well as committees, task forces, boards, or commissions, or 1315
other agencies under the supervision and control of the 1316
district, as from time to time the members of the board may 1317
deem necessary or desirable in the performance of the acts or 1318
other things necessary to exercise the board's general or 1319
special powers to implement an innovative project to carry out 1320
the special and limited purpose of the district as provided in 1321
this act and to delegate the exercise of its powers to such 1322
departments, boards, task forces, committees, or other 1323
agencies, and such administrative duties and other powers as 1324
the board may deem necessary or desirable, but only if there 1325
is a set of expressed limitations for accountability, notice, 1326
and periodic written reporting to the board that shall retain 1327
the powers of the board. 1328
Page 9715 of 10663
(p) To provide electrical, sustainable, or green 1329
infrastructure improvements, facilities, and services, 1330
including, but not limited to, recycling of natural resources, 1331
reduction of energy demands, development and generation of 1332
alternative or renewable energy sources and technologies, 1333
mitigation of urban heat islands, sequestration, capping or 1334
trading of carbon emissions or carbon emissions credits, LEED 1335
or Florida Green Building Coalition certification, and 1336
development of facilities and improvements for low-impact 1337
development and to enter into joint ventures, public-private 1338
partnerships, and other agreements and to grant such easements 1339
as may be necessary to accomplish the foregoing. Nothing 1340
herein shall authorize the district to provide electric 1341
service to retail customers or otherwise act to impair 1342
electric utility franchise agreements. 1343
(q) To provide for any facilities or improvements that 1344
may otherwise be provided for by any county or municipality, 1345
including, but not limited to, libraries, annexes, 1346
substations, and other buildings to house public officials, 1347
staff, and employees. 1348
(r) To provide waste collection and disposal. 1349
Page 9716 of 10663
(s) To provide for the construction and operation of 1350
communications systems and related infrastructure for the 1351
carriage and distribution of communications services, and to 1352
enter into joint ventures, public-private partnerships, and 1353
other agreements and to grant such easements as may be 1354
necessary to accomplish the foregoing. The term 1355
“communications systems” means all facilities, buildings, 1356
equipment, items, and methods necessary or desirable in order 1357
to provide communications services, including, without 1358
limitation, wires, cables, conduits, wireless cell sites, 1359
computers, modems, satellite antennae sites, transmission 1360
facilities, network facilities, and appurtenant devices 1361
necessary and appropriate to support the provision of 1362
communications services. The term “communications services” 1363
includes, without limitation, Internet, voice telephone or 1364
similar services provided by voiceover Internet protocol, 1365
cable television, data transmission services, electronic 1366
security monitoring services, and multichannel video 1367
programming distribution services. Nothing herein shall 1368
authorize the district to provide communications services to 1369
retail customers or otherwise act to impair existing service 1370
Page 9717 of 10663
provider franchise agreements, though the district may 1371
contract with such providers for resale purposes. 1372
(t) To provide health care facilities and to enter 1373
into public-private partnerships and agreements as may be 1374
necessary to accomplish the foregoing. 1375
(u) To coordinate, work with, and, as the board deems 1376
appropriate, enter into interlocal agreements with any public 1377
or private entity for the provision of an institution or 1378
institutions of higher education. 1379
(v) To coordinate, work with, and as the board deems 1380
appropriate, enter into public-private partnerships and 1381
agreements as may be necessary or useful to effectuate the 1382
purposes of this act. 1383
The enumeration of special powers herein shall not be deemed 1384
exclusive or restrictive but shall be deemed to incorporate 1385
all powers express or implied necessary or incidental to 1386
carrying out such enumerated special powers, including also 1387
the general powers provided by this special act charter to the 1388
district to implement its purposes. Further, this subsection 1389
shall be construed liberally in order to carry out effectively 1390
Page 9718 of 10663
the special and limited purpose of this district under this 1391
act. 1392
(8) ISSUANCE OF BOND ANTICIPATION NOTES.—In addition 1393
to the other powers provided for in this act, and not in 1394
limitation thereof, the district shall have the power, at any 1395
time and from time to time after the issuance of any bonds of 1396
the district shall have been authorized, to borrow money for 1397
the purposes for which such bonds are to be issued in 1398
anticipation of the receipt of the proceeds of the sale of 1399
such bonds and to issue bond anticipation notes in a principal 1400
sum not in excess of the authorized maximum amount of such 1401
bond issue. Such notes shall be in such denomination or 1402
denominations, bear interest at such rate not to exceed the 1403
maximum rate allowed by general law, mature at such time or 1404
times not later than 5 years from the date of issuance, and be 1405
in such form and executed in such manner as the board shall 1406
prescribe. Such notes may be sold at either public or private 1407
sale or, if such notes shall be renewal notes, may be 1408
exchanged for notes then outstanding on such terms as the 1409
board shall determine. Such notes shall be paid from the 1410
proceeds of such bonds when issued. The board may, in its 1411
Page 9719 of 10663
discretion, in lieu of retiring the notes by means of bonds, 1412
retire them by means of current revenues or from any taxes or 1413
assessments levied for the payment of such bonds, but, in such 1414
event, a like amount of the bonds authorized shall not be 1415
issued. 1416
(9) BORROWING.—The district at any time may obtain 1417
loans, in such amount and on such terms and conditions as the 1418
board may approve, for the purpose of paying any of the 1419
expenses of the district or any costs incurred or that may be 1420
incurred in connection with any of the projects of the 1421
district, which loans shall bear interest as the board 1422
determines, not to exceed the maximum rate allowed by general 1423
law, and may be payable from and secured by a pledge of such 1424
funds, revenues, taxes, and assessments as the board may 1425
determine, subject, however, to the provisions contained in 1426
any proceeding under which bonds were theretofore issued and 1427
are then outstanding. For the purpose of defraying such costs 1428
and expenses, the district may issue negotiable notes, 1429
warrants, or other evidences of debt to be payable at such 1430
times and to bear such interest as the board may determine, 1431
not to exceed the maximum rate allowed by general law, and to 1432
Page 9720 of 10663
be sold or discounted at such price or prices not less than 95 1433
percent of par value and on such terms as the board may deem 1434
advisable. The board shall have the right to provide for the 1435
payment thereof by pledging the whole or any part of the 1436
funds, revenues, taxes, and assessments of the district or by 1437
covenanting to budget and appropriate from such funds. The 1438
approval of the electors residing in the district shall not be 1439
necessary except when required by the State Constitution. 1440
(10) BONDS.— 1441
(a) Sale of bonds.—Bonds may be sold in blocks or 1442
installments at different times, or an entire issue or series 1443
may be sold at one time. Bonds may be sold at public or 1444
private sale after such advertisement, if any, as the board 1445
may deem advisable, but not in any event at less than 90 1446
percent of the par value thereof, together with accrued 1447
interest thereon. Bonds may be sold or exchanged for refunding 1448
bonds. Special assessment and revenue bonds may be delivered 1449
by the district as payment of the purchase price of any 1450
project or part thereof, or a combination of projects or parts 1451
thereof, or as the purchase price or exchange for any 1452
property, real, personal, or mixed, including franchises or 1453
Page 9721 of 10663
services rendered by any contractor, engineer, or other 1454
person, all at one time or in blocks from time to time, in 1455
such manner and upon such terms as the board in its discretion 1456
shall determine. The price or prices for any bonds sold, 1457
exchanged, or delivered may be: 1458
1. The money paid for the bonds. 1459
2. The principal amount, plus accrued interest to the 1460
date of redemption or exchange, or outstanding obligations 1461
exchanged for refunding bonds. 1462
3. In the case of special assessment or revenue bonds, 1463
the amount of any indebtedness to contractors or other persons 1464
paid with such bonds, or the fair value of any properties 1465
exchanged for the bonds, as determined by the board. 1466
(b) Authorization and form of bonds.—Any general 1467
obligation bonds, special assessment bonds, or revenue bonds 1468
may be authorized by resolution or resolutions of the board 1469
which shall be adopted by a majority of all the members 1470
thereof then in office. Such resolution or resolutions may be 1471
adopted at the same meeting at which they are introduced and 1472
need not be published or posted. The board may, by resolution, 1473
authorize the issuance of bonds and fix the aggregate amount 1474
Page 9722 of 10663
of bonds to be issued; the purpose or purposes for which the 1475
moneys derived therefrom shall be expended, including, but not 1476
limited to, payment of costs as defined in section 2(2)(i); the 1477
rate or rates of interest, not to exceed the maximum rate 1478
allowed by general law; the denomination of the bonds; whether 1479
or not the bonds are to be issued in one or more series; the 1480
date or dates of maturity, which shall not exceed 40 years 1481
from their respective dates of issuance; the medium of 1482
payment; the place or places within or without the state at 1483
which payment shall be made; registration privileges; 1484
redemption terms and privileges, whether with or without 1485
premium; the manner of execution; the form of the bonds, 1486
including any interest coupons to be attached thereto; the 1487
manner of execution of bonds and coupons; and any and all 1488
other terms, covenants, and conditions thereof and the 1489
establishment of revenue or other funds. Such authorizing 1490
resolution or resolutions may further provide for the 1491
contracts authorized by s. 159.825(1)(f) and (g), Florida 1492
Statutes, regardless of the tax treatment of such bonds being 1493
authorized, subject to the finding by the board of a net 1494
saving to the district resulting by reason thereof. Such 1495
Page 9723 of 10663
authorizing resolution may further provide that such bonds may 1496
be executed in accordance with the Registered Public 1497
Obligations Act, except that bonds not issued in registered 1498
form shall be valid if manually countersigned by an officer 1499
designated by appropriate resolution of the board. The seal of 1500
the district may be affixed, lithographed, engraved, or 1501
otherwise reproduced in facsimile on such bonds. In case any 1502
officer whose signature shall appear on any bonds or coupons 1503
shall cease to be such officer before the delivery of such 1504
bonds, such signature or facsimile shall nevertheless be valid 1505
and sufficient for all purposes the same as if he or she had 1506
remained in office until such delivery. 1507
(c) Interim certificates; replacement certificates.— 1508
Pending the preparation of definitive bonds, the board may 1509
issue interim certificates or receipts or temporary bonds, in 1510
such form and with such provisions as the board may determine, 1511
exchangeable for definitive bonds when such bonds have been 1512
executed and are available for delivery. The board may also 1513
provide for the replacement of any bonds which become 1514
mutilated, lost, or destroyed. 1515
Page 9724 of 10663
(d) Negotiability of bonds.—Any bond issued under this 1516
act or any temporary bond, in the absence of an express 1517
recital on the face thereof that it is nonnegotiable, shall be 1518
fully negotiable and shall be and constitute a negotiable 1519
instrument within the meaning and for all purposes of the law 1520
merchant and the laws of the state. 1521
(e) Defeasance.—The board may make such provision with 1522
respect to the defeasance of the right, title, and interest of 1523
the holders of any of the bonds and obligations of the 1524
district in any revenues, funds, or other properties by which 1525
such bonds are secured as the board deems appropriate and, 1526
without limitation on the foregoing, may provide that when 1527
such bonds or obligations become due and payable or shall have 1528
been called for redemption and the whole amount of the 1529
principal and interest and premium, if any, due and payable 1530
upon the bonds or obligations then outstanding shall be held 1531
in trust for such purpose, and provision shall also be made 1532
for paying all other sums payable in connection with such 1533
bonds or other obligations, then and in such event the right, 1534
title, and interest of the holders of the bonds in any 1535
revenues, funds, or other properties by which such bonds are 1536
Page 9725 of 10663
secured shall thereupon cease, terminate, and become void; and 1537
the board may apply any surplus in any sinking fund 1538
established in connection with such bonds or obligations and 1539
all balances remaining in all other funds or accounts other 1540
than moneys held for the redemption or payment of the bonds or 1541
other obligations to any lawful purpose of the district as the 1542
board shall determine. 1543
(f) Issuance of additional bonds.—If the proceeds of 1544
any bonds are less than the cost of completing the project in 1545
connection with which such bonds were issued, the board may 1546
authorize the issuance of additional bonds, upon such terms 1547
and conditions as the board may provide in the resolution 1548
authorizing the issuance thereof, but only in compliance with 1549
the resolution or other proceedings authorizing the issuance 1550
of the original bonds. 1551
(g) Refunding bonds.—The district shall have the power 1552
to issue bonds to provide for the retirement or refunding of 1553
any bonds or obligations of the district that at the time of 1554
such issuance are or subsequent thereto become due and 1555
payable, or that at the time of issuance have been called or 1556
are, or will be, subject to call for redemption within 10 1557
Page 9726 of 10663
years thereafter, or the surrender of which can be procured 1558
from the holders thereof at prices satisfactory to the board. 1559
Refunding bonds may be issued at any time that in the judgment 1560
of the board such issuance will be advantageous to the 1561
district. No approval of the qualified electors residing in 1562
the district shall be required for the issuance of refunding 1563
bonds except in cases in which such approval is required by 1564
the State Constitution. The board may by resolution confer 1565
upon the holders of such refunding bonds all rights, powers, 1566
and remedies to which the holders would be entitled if they 1567
continued to be the owners and had possession of the bonds for 1568
the refinancing of which such refunding bonds are issued, 1569
including, but not limited to, the preservation of the lien of 1570
such bonds on the revenues of any project or on pledged funds, 1571
without extinguishment, impairment, or diminution thereof. The 1572
provisions of this act pertaining to bonds of the district 1573
shall, unless the context otherwise requires, govern the 1574
issuance of refunding bonds, the form and other details 1575
thereof, the rights of the holders thereof, and the duties of 1576
the board with respect thereto. 1577
(h) Revenue bonds.— 1578
Page 9727 of 10663
1. The district shall have the power to issue revenue 1579
bonds from time to time without limitation as to amount. Such 1580
revenue bonds may be secured by, or payable from, the gross or 1581
net pledge of the revenues to be derived from any project or 1582
combination of projects; from the rates, fees, or other 1583
charges to be collected from the users of any project or 1584
projects; from any revenue-producing undertaking or activity 1585
of the district; from special assessments; from benefit 1586
special assessments; or from any other source or pledged 1587
security. Such bonds shall not constitute an indebtedness of 1588
the district, and the approval of the qualified electors shall 1589
not be required unless such bonds are additionally secured by 1590
the full faith and credit and taxing power of the district. 1591
2. Any two or more projects may be combined and 1592
consolidated into a single project and may hereafter be 1593
operated and maintained as a single project. The revenue bonds 1594
authorized herein may be issued to finance any one or more of 1595
such projects, regardless of whether such projects have been 1596
combined and consolidated into a single project. If the board 1597
deems it advisable, the proceedings authorizing such revenue 1598
bonds may provide that the district may thereafter combine the 1599
Page 9728 of 10663
projects then being financed or theretofore financed with 1600
other projects to be subsequently financed by the district and 1601
that revenue bonds to be thereafter issued by the district 1602
shall be on parity with the revenue bonds then being issued, 1603
all on such terms, conditions, and limitations as shall have 1604
been provided in the proceeding which authorized the original 1605
bonds. 1606
(i) General obligation bonds.— 1607
1. Subject to the limitations of this charter, the 1608
district shall have the power from time to time to issue 1609
general obligation bonds to finance or refinance capital 1610
projects or to refund outstanding bonds in an aggregate 1611
principal amount of bonds outstanding at any one time not in 1612
excess of 35 percent of the assessed value of the taxable 1613
property within the district as shown on the pertinent tax 1614
records at the time of the authorization of the general 1615
obligation bonds for which the full faith and credit of the 1616
district is pledged. Except for refunding bonds, no general 1617
obligation bonds shall be issued unless the bonds are issued 1618
to finance or refinance a capital project and the issuance has 1619
been approved at an election held in accordance with the 1620
Page 9729 of 10663
requirements for such election as prescribed by the State 1621
Constitution. Such elections shall be called to be held in the 1622
district by the Collier County Supervisor of Elections upon 1623
the request of the board of the district. The expenses of 1624
calling and holding an election shall be at the expense of the 1625
district and the district shall reimburse the county for any 1626
expenses incurred in calling or holding such election. 1627
2. The district may pledge its full faith and credit 1628
for the payment of the principal and interest on such general 1629
obligation bonds and for any reserve funds provided therefor 1630
and may unconditionally and irrevocably pledge itself to levy 1631
ad valorem taxes on all taxable property in the district, to 1632
the extent necessary for the payment thereof, without 1633
limitation as to rate or amount. 1634
3. If the board determines to issue general obligation 1635
bonds for more than one capital project, the approval of the 1636
issuance of the bonds for each and all such projects may be 1637
submitted to the electors on one and the same ballot. The 1638
failure of the electors to approve the issuance of bonds for 1639
any one or more capital projects shall not defeat the approval 1640
Page 9730 of 10663
of bonds for any capital project which has been approved by 1641
the electors. 1642
4. In arriving at the amount of general obligation 1643
bonds permitted to be outstanding at any one time pursuant to 1644
subparagraph 1., there shall not be included any general 1645
obligation bonds that are additionally secured by the pledge 1646
of: 1647
a. Any assessments levied in an amount sufficient to 1648
pay the principal and interest on the general obligation bonds 1649
so additionally secured, which assessments have been equalized 1650
and confirmed by resolution of the board pursuant to this act 1651
or s. 170.08, Florida Statutes. 1652
b. Water revenues, sewer revenues, or water and sewer 1653
revenues of the district to be derived from user fees in an 1654
amount sufficient to pay the principal and interest on the 1655
general obligation bonds so additionally secured. 1656
c. Any combination of assessments and revenues 1657
described in sub-subparagraphs a. and b. 1658
(j) Bonds as legal investment or security.— 1659
1. Notwithstanding any provisions of any other law to 1660
the contrary, all bonds issued under this act shall constitute 1661
Page 9731 of 10663
legal investments for savings banks, banks, trust companies, 1662
insurance companies, executors, administrators, trustees, 1663
guardians, and other fiduciaries and for any board, body, 1664
agency, instrumentality, county, municipality, or other 1665
political subdivision of the state and shall be and constitute 1666
security which may be deposited by banks or trust companies as 1667
security for deposits of state, county, municipal, or other 1668
public funds or by insurance companies as required or 1669
voluntary statutory deposits. 1670
2. Any bonds issued by the district shall be 1671
incontestable in the hands of bona fide purchasers or holders 1672
for value and shall not be invalid because of any irregularity 1673
or defect in the proceedings for the issue and sale thereof. 1674
(k) Covenants.—Any resolution authorizing the issuance 1675
of bonds may contain such covenants as the board may deem 1676
advisable, and all such covenants shall constitute valid and 1677
legally binding and enforceable contracts between the district 1678
and the bondholders, regardless of the time of issuance 1679
thereof. 1680
Such covenants may include, without limitation, covenants 1681
concerning the disposition of the bond proceeds; the use and 1682
Page 9732 of 10663
disposition of project revenues; the pledging of revenues, 1683
taxes, and assessments; the obligations of the district with 1684
respect to the operation of the project and the maintenance of 1685
adequate project revenues; the issuance of additional bonds; 1686
the appointment, powers, and duties of trustees and receivers; 1687
the acquisition of outstanding bonds and obligations; 1688
restrictions on the establishing of competing projects or 1689
facilities; restrictions on the sale or disposal of the assets 1690
and property of the district; the priority of assessment 1691
liens; the priority of claims by bondholders on the taxing 1692
power of the district; the maintenance of deposits to ensure 1693
the payment of revenues by users of district facilities and 1694
services; the discontinuance of district services by reason of 1695
delinquent payments; acceleration upon default; the execution 1696
of necessary instruments; the procedure for amending or 1697
abrogating covenants with the bondholders; and such other 1698
covenants as may be deemed necessary or desirable for the 1699
security of the bondholders. 1700
(l) Validation proceedings.—The power of the district 1701
to issue bonds under this act may be determined, and any of 1702
the bonds of the district maturing over a period of more than 1703
Page 9733 of 10663
5 years shall be validated and confirmed, by court decree, 1704
under chapter 75, Florida Statutes, and laws amendatory 1705
thereof or supplementary thereto. 1706
(m) Tax exemption.—To the extent allowed by general 1707
law, all bonds issued hereunder and interest paid thereon and 1708
all fees, charges, and other revenues derived by the district 1709
from the projects provided by this act are exempt from all 1710
taxes by the state or by any political subdivision, agency, or 1711
instrumentality thereof; however, any interest, income, or 1712
profits on debt obligations issued hereunder are not exempt 1713
from the tax imposed by chapter 220, Florida Statutes. 1714
Further, the district is not exempt from chapter 212, Florida 1715
Statutes. 1716
(n) Application of s. 189.051, Florida Statutes.—Bonds 1717
issued by the district shall meet the criteria set forth in s. 1718
189.051, Florida Statutes. 1719
(o) Act furnishes full authority for issuance of 1720
bonds.—This act constitutes full and complete authority for 1721
the issuance of bonds and the exercise of the powers of the 1722
district provided herein. No procedures or proceedings, 1723
publications, notices, consents, approvals, orders, acts, or 1724
Page 9734 of 10663
things by the board, or any board, officer, commission, 1725
department, agency, or instrumentality of the district, other 1726
than those required by this act, shall be required to perform 1727
anything under this act, except that the issuance or sale of 1728
bonds pursuant to this act shall comply with the general law 1729
requirements applicable to the issuance or sale of bonds by 1730
the district. Nothing in this act shall be construed to 1731
authorize the district to utilize bond proceeds to fund the 1732
ongoing operations of the district. 1733
(p) Pledge by the state to the bondholders of the 1734
district.—The state pledges to the holders of any bonds issued 1735
under this act that it will not limit or alter the rights of 1736
the district to own, acquire, construct, reconstruct, improve, 1737
maintain, operate, or furnish the projects or to levy and 1738
collect the taxes, assessments, rentals, rates, fees, and 1739
other charges provided for herein and to fulfill the terms of 1740
any agreement made with the holders of such bonds or other 1741
obligations and that it will not in any way impair the rights 1742
or remedies of such holders. 1743
(q) Default.—A default on the bonds or obligations of 1744
the district shall not constitute a debt or obligation of the 1745
Page 9735 of 10663
state or any general-purpose local government of the state. In 1746
the event of a default or dissolution of the district, no 1747
general-purpose local government shall be required to assume 1748
the property of the district, the debts of the district, or 1749
the district's obligations to complete any infrastructure 1750
improvements or provide any services to the district. The 1751
provisions of s. 189.076(2), Florida Statutes, shall not apply 1752
to the district. 1753
(11) TRUST AGREEMENTS.—Any issue of bonds shall be 1754
secured by a trust agreement or resolution by and between the 1755
district and a corporate trustee or trustees, which may be any 1756
trust company or bank having the powers of a trust company 1757
within or without the state. The resolution authorizing the 1758
issuance of the bonds or such trust agreement may pledge the 1759
revenues to be received from any projects of the district and 1760
may contain such provisions for protecting and enforcing the 1761
rights and remedies of the bondholders as the board may 1762
approve, including, without limitation, covenants setting 1763
forth the duties of the district in relation to: the 1764
acquisition, construction, reconstruction, improvement, 1765
maintenance, repair, operation, and insurance of any projects; 1766
Page 9736 of 10663
the fixing and revising of the rates, fees, and charges; and 1767
the custody, safeguarding, and application of all moneys and 1768
for the employment of consulting engineers in connection with 1769
such acquisition, construction, reconstruction, improvement, 1770
maintenance, repair, or operation. It shall be lawful for any 1771
bank or trust company within or without the state which may 1772
act as a depository of the proceeds of bonds or of revenues to 1773
furnish such indemnifying bonds or to pledge such securities 1774
as may be required by the district. Such resolution or trust 1775
agreement may set forth the rights and remedies of the 1776
bondholders and of the trustee, if any, and may restrict the 1777
individual right of action by bondholders. The board may 1778
provide for the payment of proceeds of the sale of the bonds 1779
and the revenues of any project to such officer, board, or 1780
depository as it may designate for the custody thereof and may 1781
provide for the method of disbursement thereof with such 1782
safeguards and restrictions as it may determine. All expenses 1783
incurred in carrying out the provisions of such resolution or 1784
trust agreement may be treated as part of the cost of 1785
operation of the project to which such resolution or trust 1786
agreement pertains. 1787
Page 9737 of 10663
(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL 1788
ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL 1789
ASSESSMENTS; MAINTENANCE TAXES.— 1790
(a) Ad valorem taxes.—At such time as all members of 1791
the board are qualified electors who are elected by qualified 1792
electors of the district, the board shall have the power to 1793
levy and assess an ad valorem tax on all the taxable property 1794
in the district to construct, operate, and maintain assessable 1795
improvements; to pay the principal of, and interest on, any 1796
general obligation bonds of the district; and to provide for 1797
any sinking or other funds established in connection with any 1798
such bonds. An ad valorem tax levied by the board for 1799
operating purposes, exclusive of debt service on bonds, shall 1800
not exceed 3 mills. The ad valorem tax provided for herein 1801
shall be in addition to county and all other ad valorem taxes 1802
provided for by law. Such tax shall be assessed, levied, and 1803
collected in the same manner and at the same time as county 1804
taxes. The levy of ad valorem taxes must be approved by 1805
referendum as required by s. 9, Article VII of the State 1806
Constitution. 1807
Page 9738 of 10663
(b) Benefit special assessments.—The board annually 1808
shall determine, order, and levy the annual installment of the 1809
total benefit special assessments for bonds issued and related 1810
expenses to finance assessable improvements. These assessments 1811
may be due and collected during each year county taxes are due 1812
and collected, in which case such annual installment and levy 1813
shall be evidenced to and certified to the property appraiser 1814
by the board not later than August 31 of each year. Such 1815
assessment shall be entered by the property appraiser on the 1816
county tax rolls and shall be collected and enforced by the 1817
tax collector in the same manner and at the same time as 1818
county taxes, and the proceeds thereof shall be paid to the 1819
district. However, this paragraph shall not prohibit the 1820
district in its discretion from using the method prescribed in 1821
s. 197.3632, Florida Statutes, or chapter 173, Florida 1822
Statutes, as each may be amended from time to time, for 1823
collecting and enforcing these assessments. Each annual 1824
installment of benefit special assessments shall be a lien on 1825
the property against which assessed until paid and shall be 1826
enforceable in like manner as county taxes. The amount of the 1827
assessment for the exercise of the district's powers under 1828
Page 9739 of 10663
subsections (6) and (7) shall be determined by the board based 1829
upon a report of the district's engineer and assessed by the 1830
board upon such lands, which may be part or all of the lands 1831
within the district benefited by the improvement, apportioned 1832
between benefited lands in proportion to the benefits received 1833
by each tract of land. The board may, if it determines it is 1834
in the best interests of the district, set forth in the 1835
proceedings initially levying such benefit special assessments 1836
or in subsequent proceedings a formula for the determination 1837
of an amount, which when paid by a taxpayer with respect to 1838
any tax parcel, shall constitute a prepayment of all future 1839
annual installments of such benefit special assessments and 1840
that the payment of which amount with respect to such tax 1841
parcel shall relieve and discharge such tax parcel of the lien 1842
of such benefit special assessments and any subsequent annual 1843
installment thereof. The board may provide further that upon 1844
delinquency in the payment of any annual installment of 1845
benefit special assessments, the prepayment amount of all 1846
future annual installments of benefit special assessments as 1847
determined in the preceding sentence shall be and become 1848
Page 9740 of 10663
immediately due and payable together with such delinquent 1849
annual installment. 1850
(c) Non-ad valorem maintenance taxes.—If and when 1851
authorized by general law, to maintain and to preserve the 1852
physical facilities and services constituting the works, 1853
improvements, or infrastructure owned by the district pursuant 1854
to this act, to repair and restore any one or more of them, 1855
when needed, and to defray the current expenses of the 1856
district, including any sum which may be required to pay state 1857
and county ad valorem taxes on any lands which may have been 1858
purchased and which are held by the district under this act, 1859
the board of supervisors may, upon the completion of said 1860
systems, facilities, services, works, improvements, or 1861
infrastructure, in whole or in part, as may be certified to 1862
the board by the engineer of the board, levy annually a non-ad 1863
valorem and nonmillage tax upon each tract or parcel of land 1864
within the district, to be known as a "maintenance tax." This 1865
non-ad valorem maintenance tax shall be apportioned upon the 1866
basis of the net assessments of benefits assessed as accruing 1867
from the original construction and shall be evidenced to and 1868
certified by the board of supervisors of the district not 1869
Page 9741 of 10663
later than June 1 of each year to the Collier County tax 1870
collector and shall be extended on the tax rolls and collected 1871
by the tax collector on the merged collection roll of the tax 1872
collector in the same manner and at the same time as county ad 1873
valorem taxes, and the proceeds therefrom shall be paid to the 1874
district. This non-ad valorem maintenance tax shall be a lien 1875
until paid on the property against which assessed and 1876
enforceable in like manner and of the same dignity as county 1877
ad valorem taxes. 1878
(d) Maintenance special assessments.—To maintain and 1879
preserve the facilities and projects of the district, the 1880
board may levy a maintenance special assessment. This 1881
assessment may be evidenced to and certified to the tax 1882
collector by the board of supervisors not later than August 31 1883
of each year and shall be entered by the property appraiser on 1884
the county tax rolls and shall be collected and enforced by 1885
the tax collector in the same manner and at the same time as 1886
county taxes, and the proceeds therefrom shall be paid to the 1887
district. However, this paragraph shall not prohibit the 1888
district in its discretion from using the method prescribed in 1889
s. 197.363, s. 197.3631, or s. 197.3632, Florida Statutes, for 1890
Page 9742 of 10663
collecting and enforcing these assessments. These maintenance 1891
special assessments shall be a lien on the property against 1892
which assessed until paid and shall be enforceable in like 1893
manner as county taxes. The amount of the maintenance special 1894
assessment for the exercise of the district's powers under 1895
this section shall be determined by the board based upon a 1896
report of the district's engineer and assessed by the board 1897
upon such lands, which may be all of the lands within the 1898
district benefited by the maintenance thereof, apportioned 1899
between the benefited lands in proportion to the benefits 1900
received by each tract of land. 1901
(e) Special assessments.—The board may levy and impose 1902
any special assessments pursuant to this subsection. 1903
(f) Enforcement of taxes.—The collection and 1904
enforcement of all taxes levied by the district shall be at 1905
the same time and in like manner as county taxes, and the 1906
provisions of the laws of Florida relating to the sale of 1907
lands for unpaid and delinquent county taxes; the issuance, 1908
sale, and delivery of tax certificates for such unpaid and 1909
delinquent county taxes; the redemption thereof; the issuance 1910
to individuals of tax deeds based thereon; and all other 1911
Page 9743 of 10663
procedures in connection therewith shall be applicable to the 1912
district to the same extent as if such statutory provisions 1913
were expressly set forth herein. All taxes shall be subject to 1914
the same discounts as county taxes. 1915
(g) When unpaid tax is delinquent; penalty.—All taxes 1916
provided for in this act shall become delinquent and bear 1917
penalties on the amount of such taxes in the same manner as 1918
county taxes. 1919
(h) Status of assessments.—Benefit special 1920
assessments, maintenance special assessments, and special 1921
assessments are hereby found and determined to be non-ad 1922
valorem assessments as defined by s. 197.3632, Florida 1923
Statutes. Maintenance taxes are non-ad valorem taxes and are 1924
not special assessments. 1925
(i) Assessments constitute liens; collection.—Any and 1926
all assessments, including special assessments, benefit 1927
special assessments, and maintenance special assessments 1928
authorized by this section, and including special assessments 1929
as defined by section 2(2)(aa) and granted and authorized by 1930
this subsection, and including maintenance taxes if authorized 1931
by general law, shall constitute a lien on the property 1932
Page 9744 of 10663
against which assessed from the date of levy and imposition 1933
thereof until paid, coequal with the lien of state, county, 1934
municipal, and school board taxes. These assessments may be 1935
collected, at the district's discretion, under authority of s. 1936
197.3631, Florida Statutes, as amended from time to time, by 1937
the tax collector pursuant to ss. 197.3632 and 197.3635, 1938
Florida Statutes, as amended from time to time, or in 1939
accordance with other collection measures provided by law. In 1940
addition to, and not in limitation of, any powers otherwise 1941
set forth herein or in general law, these assessments may also 1942
be enforced pursuant to chapter 173, Florida Statutes, as 1943
amended from time to time. 1944
(j) Land owned by governmental entity.—Except as 1945
otherwise provided by law, no levy of ad valorem taxes or non-1946
ad valorem assessments under this act or chapter 170 or 1947
chapter 197, Florida Statutes, as each may be amended from 1948
time to time, or otherwise, by a board of the district, on 1949
property of a governmental entity that is subject to a ground 1950
lease as described in s. 190.003(14), Florida Statutes, shall 1951
constitute a lien or encumbrance on the underlying fee 1952
interest of such governmental entity. 1953
Page 9745 of 10663
(13) SPECIAL ASSESSMENTS.— 1954
(a) As an alternative method to the levy and 1955
imposition of special assessments pursuant to chapter 170, 1956
Florida Statutes, pursuant to the authority of s. 197.3631, 1957
Florida Statutes, or pursuant to other provisions of general 1958
law, now or hereafter enacted, which provide a supplemental 1959
means or authority to impose, levy, and collect special 1960
assessments as otherwise authorized under this act, the board 1961
may levy and impose special assessments to finance the 1962
exercise of any of its powers permitted under this act using 1963
the following uniform procedures: 1964
1. At a noticed meeting, the board of supervisors of 1965
the district may consider and review an engineer's report on 1966
the costs of the systems, facilities, and services to be 1967
provided, a preliminary special assessment methodology, and a 1968
preliminary roll based on acreage or platted lands, depending 1969
upon whether platting has occurred. 1970
a. The special assessment methodology shall address 1971
and discuss and the board shall consider whether the systems, 1972
facilities, and services being contemplated will result in 1973
special benefits peculiar to the property, different in kind 1974
Page 9746 of 10663
and degree than general benefits, as a logical connection 1975
between the systems, facilities, and services themselves and 1976
the property, and whether the duty to pay the special 1977
assessments by the property owners is apportioned in a manner 1978
that is fair and equitable and not in excess of the special 1979
benefit received. It shall be fair and equitable to designate 1980
a fixed proportion of the annual debt service, together with 1981
interest thereon, on the aggregate principal amount of bonds 1982
issued to finance such systems, facilities, and services which 1983
give rise to unique, special, and peculiar benefits to 1984
property of the same or similar characteristics under the 1985
special assessment methodology so long as such fixed 1986
proportion does not exceed the unique, special, and peculiar 1987
benefits enjoyed by such property from such systems, 1988
facilities, and services. 1989
b. The engineer's cost report shall identify the 1990
nature of the proposed systems, facilities, and services, 1991
their location, a cost breakdown plus a total estimated cost, 1992
including cost of construction or reconstruction, labor, and 1993
materials, lands, property, rights, easements, franchises, or 1994
systems, facilities, and services to be acquired, cost of 1995
Page 9747 of 10663
plans and specifications, surveys of estimates of costs and 1996
revenues, costs of engineering, legal, and other professional 1997
consultation services, and other expenses or costs necessary 1998
or incidental to determining the feasibility or practicability 1999
of such construction, reconstruction, or acquisition, 2000
administrative expenses, relationship to the authority and 2001
power of the district in its charter, and such other expenses 2002
or costs as may be necessary or incidental to the financing to 2003
be authorized by the board of supervisors. 2004
c. The preliminary special assessment roll will be in 2005
accordance with the assessment methodology as may be adopted 2006
by the board of supervisors; the special assessment roll shall 2007
be completed as promptly as possible and shall show the 2008
acreage, lots, lands, or plats assessed and the amount of the 2009
fairly and reasonably apportioned assessment based on special 2010
and peculiar benefit to the property, lot, parcel, or acreage 2011
of land; and, if the special assessment against such lot, 2012
parcel, acreage, or portion of land is to be paid in 2013
installments, the number of annual installments in which the 2014
special assessment is divided shall be entered into and shown 2015
upon the special assessment roll. 2016
Page 9748 of 10663
2. The board of supervisors of the district may 2017
determine and declare by an initial special assessment 2018
resolution to levy and assess the special assessments with 2019
respect to assessable improvements stating the nature of the 2020
systems, facilities, and services, improvements, projects, or 2021
infrastructure constituting such assessable improvements, the 2022
information in the engineer's cost report, the information in 2023
the special assessment methodology as determined by the board 2024
at the noticed meeting and referencing and incorporating as 2025
part of the resolution the engineer's cost report, the 2026
preliminary special assessment methodology, and the 2027
preliminary special assessment roll as referenced exhibits to 2028
the resolution by reference. If the board determines to 2029
declare and levy the special assessments by the initial 2030
special assessment resolution, the board shall also adopt and 2031
declare a notice resolution which shall provide and cause the 2032
initial special assessment resolution to be published once a 2033
week for a period of 2 weeks in newspapers of general 2034
circulation published in Collier County and said board shall 2035
by the same resolution fix a time and place at which the owner 2036
or owners of the property to be assessed or any other persons 2037
Page 9749 of 10663
interested therein may appear before said board and be heard 2038
as to the propriety and advisability of making such 2039
improvements, as to the costs thereof, as to the manner of 2040
payment therefor, and as to the amount thereof to be assessed 2041
against each property so improved. Thirty days' notice in 2042
writing of such time and place shall be given to such property 2043
owners. The notice shall include the amount of the special 2044
assessment and shall be served by mailing a copy to each 2045
assessed property owner at his or her last known address, the 2046
names and addresses of such property owners to be obtained 2047
from the record of the property appraiser of the county 2048
political subdivision in which the land is located or from 2049
such other sources as the district manager or engineer deems 2050
reliable, and proof of such mailing shall be made by the 2051
affidavit of the district manager or by the engineer, said 2052
proof to be filed with the district manager, provided that 2053
failure to mail said notice or notices shall not invalidate 2054
any of the proceedings hereunder. It is provided further that 2055
the last publication shall be at least 1 week prior to the 2056
date of the hearing on the final special assessment 2057
resolution. Said notice shall describe the general areas to be 2058
Page 9750 of 10663
improved and advise all persons interested that the 2059
description of each property to be assessed and the amount to 2060
be assessed to each piece, parcel, lot, or acre of property 2061
may be ascertained at the office of the district manager. Such 2062
service by publication shall be verified by the affidavit of 2063
the publisher and filed with the district manager. Moreover, 2064
the initial special assessment resolution with its attached, 2065
referenced, and incorporated engineer's cost report, 2066
preliminary special assessment methodology, and preliminary 2067
special assessment roll, along with the notice resolution, 2068
shall be available for public inspection at the office of the 2069
district manager and the office of the engineer or any other 2070
office designated by the board of supervisors in the notice 2071
resolution. Notwithstanding the foregoing, the landowners of 2072
all of the property which is proposed to be assessed may give 2073
the district written notice of waiver of any notice and 2074
publication provided for in this subparagraph and such notice 2075
and publication shall not be required, provided, however, that 2076
any meeting of the board of supervisors to consider such 2077
resolution shall be a publicly noticed meeting. 2078
Page 9751 of 10663
3. At the time and place named in the noticed 2079
resolution as provided for in subparagraph 2., the board of 2080
supervisors of the district shall meet and hear testimony from 2081
affected property owners as to the propriety and advisability 2082
of making the systems, facilities, services, projects, works, 2083
improvements, or infrastructure and funding them with 2084
assessments referenced in the initial special assessment 2085
resolution on the property. Following the testimony and 2086
questions from the members of the board or any professional 2087
advisors to the district of the preparers of the engineer's 2088
cost report, the special assessment methodology, and the 2089
special assessment roll, the board of supervisors shall make a 2090
final decision on whether to levy and assess the particular 2091
special assessments. Thereafter, the board of supervisors 2092
shall meet as an equalizing board to hear and to consider any 2093
and all complaints as to the particular special assessments 2094
and shall adjust and equalize the special assessments to 2095
ensure proper assessment based on the benefit conferred on the 2096
property. 2097
4. When so equalized and approved by resolution or 2098
ordinance by the board of supervisors, to be called the final 2099
Page 9752 of 10663
special assessment resolution, a final special assessment roll 2100
shall be filed with the clerk of the board and such special 2101
assessment shall stand confirmed and remain legal, valid, and 2102
binding first liens on the property against which such special 2103
assessments are made until paid, equal in dignity to the first 2104
liens of ad valorem taxation of county and municipal 2105
governments and school boards. However, upon completion of the 2106
systems, facilities, services, projects, improvements, works, 2107
or infrastructure, the district shall credit to each of the 2108
assessments the difference in the special assessment as 2109
originally made, approved, levied, assessed, and confirmed and 2110
the proportionate part of the actual cost of the improvement 2111
to be paid by the particular special assessments as finally 2112
determined upon the completion of the improvement; but in no 2113
event shall the final special assessment exceed the amount of 2114
the special and peculiar benefits as apportioned fairly and 2115
reasonably to the property from the system, facility, or 2116
service being provided as originally assessed. Promptly after 2117
such confirmation, the special assessment shall be recorded by 2118
the clerk of the district in the minutes of the proceedings of 2119
the district, and the record of the lien in this set of 2120
Page 9753 of 10663
minutes shall constitute prima facie evidence of its validity. 2121
The board of supervisors, in its sole discretion, may by 2122
resolution grant a discount equal to all or a part of the 2123
payee's proportionate share of the cost of the project 2124
consisting of bond financing cost, such as capitalized 2125
interest, funded reserves, and bond discounts included in the 2126
estimated cost of the project, upon payment in full of any 2127
special assessments during such period prior to the time such 2128
financing costs are incurred as may be specified by the board 2129
of supervisors in such resolution. 2130
5. District special assessments may be made payable in 2131
installments over no more than 40 years from the date of the 2132
payment of the first installment thereof and may bear interest 2133
at fixed or variable rates. 2134
(b) Notwithstanding any provision of this act or 2135
chapter 170, Florida Statutes, that portion of s. 170.09, 2136
Florida Statutes, that provides that special assessments may 2137
be paid without interest at any time within 30 days after the 2138
improvement is completed and a resolution accepting the same 2139
has been adopted by the governing authority shall not be 2140
applicable to any district special assessments, whether 2141
Page 9754 of 10663
imposed, levied, and collected pursuant to this act or other 2142
provisions of Florida law, including, but not limited to, 2143
chapter 170, Florida Statutes. 2144
(c) In addition, the district is authorized expressly 2145
in the exercise of its rulemaking power to adopt a rule or 2146
rules which provide for notice, levy, imposition, 2147
equalization, and collection of assessments. 2148
(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON 2149
ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.— 2150
(a) The board may, after any special assessments or 2151
benefit special assessments for assessable improvements are 2152
made, determined, and confirmed as provided in this act, issue 2153
certificates of indebtedness for the amount so assessed 2154
against the abutting property or property otherwise benefited, 2155
as the case may be, and separate certificates shall be issued 2156
against each part or parcel of land or property assessed, 2157
which certificates shall state the general nature of the 2158
improvement for which the assessment is made. The certificates 2159
shall be payable in annual installments in accordance with the 2160
installments of the special assessment for which they are 2161
issued. The board may determine the interest to be borne by 2162
Page 9755 of 10663
such certificates, not to exceed the maximum rate allowed by 2163
general law, and may sell such certificates at either private 2164
or public sale and determine the form, manner of execution, 2165
and other details of such certificates. The certificates shall 2166
recite that they are payable only from the special assessments 2167
levied and collected from the part or parcel of land or 2168
property against which they are issued. The proceeds of such 2169
certificates may be pledged for the payment of principal of 2170
and interest on any revenue bonds or general obligation bonds 2171
issued to finance in whole or in part such assessable 2172
improvement, or, if not so pledged, may be used to pay the 2173
cost or part of the cost of such assessable improvements. 2174
(b) The district may also issue assessment bonds, 2175
revenue bonds, or other obligations payable from a special 2176
fund into which such certificates of indebtedness referred to 2177
in paragraph (a) may be deposited or, if such certificates of 2178
indebtedness have not been issued, the district may assign to 2179
such special fund for the benefit of the holders of such 2180
assessment bonds or other obligations, or to a trustee for 2181
such bondholders, the assessment liens provided for in this 2182
act unless such certificates of indebtedness or assessment 2183
Page 9756 of 10663
liens have been theretofore pledged for any bonds or other 2184
obligations authorized hereunder. In the event of the creation 2185
of such special fund and the issuance of such assessment bonds 2186
or other obligations, the proceeds of such certificates of 2187
indebtedness or assessment liens deposited therein shall be 2188
used only for the payment of the assessment bonds or other 2189
obligations issued as provided in this section. The district 2190
is authorized to covenant with the holders of such assessment 2191
bonds, revenue bonds, or other obligations that it will 2192
diligently and faithfully enforce and collect all the special 2193
assessments, and interest and penalties thereon, for which 2194
such certificates of indebtedness or assessment liens have 2195
been deposited in or assigned to such fund; to foreclose such 2196
assessment liens so assigned to such special fund or 2197
represented by the certificates of indebtedness deposited in 2198
the special fund, after such assessment liens have become 2199
delinquent, and deposit the proceeds derived from such 2200
foreclosure, including interest and penalties, in such special 2201
fund; and to make any other covenants deemed necessary or 2202
advisable in order to properly secure the holders of such 2203
assessment bonds or other obligations. 2204
Page 9757 of 10663
(c) The assessment bonds, revenue bonds, or other 2205
obligations issued pursuant to this section shall have such 2206
dates of issue and maturity as shall be deemed advisable by 2207
the board; however, the maturities of such assessment bonds or 2208
other obligations shall not be more than 2 years after the due 2209
date of the last installment which will be payable on any of 2210
the special assessments for which such assessment liens, or 2211
the certificates of indebtedness representing such assessment 2212
liens, are assigned to or deposited in such special fund. 2213
(d) Such assessment bonds, revenue bonds, or other 2214
obligations issued under this section shall bear such interest 2215
as the board may determine, not to exceed the maximum rate 2216
allowed by general law, and shall be executed, shall have such 2217
provisions for redemption prior to maturity, shall be sold in 2218
the manner, and shall be subject to all of the applicable 2219
provisions contained in this act for revenue bonds, except as 2220
the same may be inconsistent with this section. 2221
(e) All assessment bonds, revenue bonds, or other 2222
obligations issued under this section shall be, shall 2223
constitute, and shall have all the qualities and incidents of 2224
Page 9758 of 10663
negotiable instruments under the law merchant and the laws of 2225
the state. 2226
(15) TAX LIENS.—All taxes of the district provided for 2227
in this act, together with all penalties for default in the 2228
payment of the same and all costs in collecting the same, 2229
including a reasonable attorney fee fixed by the court and 2230
taxed as a cost in the action brought to enforce payment, 2231
shall, from January 1 for each year the property is liable to 2232
assessment and until paid, constitute a lien of equal dignity 2233
with the liens for state and county taxes and other taxes of 2234
equal dignity with state and county taxes upon all the lands 2235
against which such taxes shall be levied. A sale of any of the 2236
real property within the district for state and county or 2237
other taxes shall not operate to relieve or release the 2238
property so sold from the lien for subsequent district taxes 2239
or installments of district taxes, which lien may be enforced 2240
against such property as though no such sale thereof had been 2241
made. In addition to, and not in limitation of, the preceding 2242
sentence, for purposes of s. 197.552, Florida Statutes, the 2243
lien of all special assessments levied by the district shall 2244
constitute a lien of record held by a municipal or county 2245
Page 9759 of 10663
governmental unit. The provisions of ss. 194.171, 197.122, 2246
197.333, and 197.432, Florida Statutes, shall be applicable to 2247
district taxes with the same force and effect as if such 2248
provisions were expressly set forth in this act. 2249
(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY 2250
THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE.— 2251
(a) The district shall have the power and right to: 2252
1. Pay any delinquent state, county, district, 2253
municipal, or other tax or assessment upon lands located 2254
wholly or partially within the boundaries of the district. 2255
2. Redeem or purchase any tax sales certificates 2256
issued or sold on account of any state, county, district, 2257
municipal, or other taxes or assessments upon lands located 2258
wholly or partially within the boundaries of the district. 2259
(b) Delinquent taxes paid, or tax sales certificates 2260
redeemed or purchased, by the district, together with all 2261
penalties for the default in payment of the same and all costs 2262
in collecting the same and a reasonable attorney fee, shall 2263
constitute a lien in favor of the district of equal dignity 2264
with the liens of state and county taxes and other taxes of 2265
equal dignity with state and county taxes upon all the real 2266
Page 9760 of 10663
property against which the taxes were levied. The lien of the 2267
district may be foreclosed in the manner provided in this act. 2268
(c) In any sale of land pursuant to s. 197.542, 2269
Florida Statutes, as may be amended from time to time, the 2270
district may certify to the clerk of the circuit court of the 2271
county holding such sale the amount of taxes due to the 2272
district upon the lands sought to be sold, and the district 2273
shall share in the disbursement of the sales proceeds in 2274
accordance with this act and under the laws of the state. 2275
(17) FORECLOSURE OF LIENS.—Any lien in favor of the 2276
district arising under this act may be foreclosed by the 2277
district by foreclosure proceedings in the name of the 2278
district in a court of competent jurisdiction as provided by 2279
general law in like manner as is provided in chapter 170 or 2280
chapter 173, Florida Statutes, and amendments thereto and the 2281
provisions of those chapters shall be applicable to such 2282
proceedings with the same force and effect as if those 2283
provisions were expressly set forth in this act. Any act 2284
required or authorized to be done by or on behalf of a 2285
municipality in foreclosure proceedings under chapter 170 or 2286
chapter 173, Florida Statutes, may be performed by such 2287
Page 9761 of 10663
officer or agent of the district as the board of supervisors 2288
may designate. Such foreclosure proceedings may be brought at 2289
any time after the expiration of 1 year from the date any tax, 2290
or installment thereof, becomes delinquent; however, no lien 2291
shall be foreclosed against any political subdivision or 2292
agency of the state. Other legal remedies shall remain 2293
available. 2294
(18) MANDATORY USE OF CERTAIN DISTRICT FACILITIES.—To 2295
the full extent permitted by law, the district shall require 2296
all lands, buildings, premises, persons, firms, and 2297
corporations within the district to use the facilities of the 2298
district. 2299
(19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; 2300
RELATED PROVISIONS REQUIRED.— 2301
(a) No contract shall be let by the board for any 2302
goods, supplies, or materials to be purchased when the amount 2303
thereof to be paid by the district shall exceed the amount 2304
provided in s. 287.017, Florida Statutes, as amended from time 2305
to time, for category four, unless notice of bids shall be 2306
advertised once in a newspaper in general circulation in 2307
Collier County. Any board seeking to construct or improve a 2308
Page 9762 of 10663
public building, structure, or other public works shall comply 2309
with the bidding procedures of s. 255.20, Florida Statutes, as 2310
amended from time to time, and other applicable general law. 2311
In each case, the bid of the lowest responsive and responsible 2312
bidder shall be accepted unless all bids are rejected because 2313
the bids are too high or the board determines it is in the 2314
best interests of the district to reject all bids. The board 2315
may require the bidders to furnish bond with a responsible 2316
surety to be approved by the board. Nothing in this subsection 2317
shall prevent the board from undertaking and performing the 2318
construction, operation, and maintenance of any project or 2319
facility authorized by this act by the employment of labor, 2320
material, and machinery. 2321
(b) The provisions of the Consultants' Competitive 2322
Negotiation Act, s. 287.055, Florida Statutes, apply to 2323
contracts for engineering, architecture, landscape 2324
architecture, or registered surveying and mapping services let 2325
by the board. 2326
(c) Contracts for maintenance services for any 2327
district facility or project shall be subject to competitive 2328
bidding requirements when the amount thereof to be paid by the 2329
Page 9763 of 10663
district exceeds the amount provided in s. 287.017, Florida 2330
Statutes, as amended from time to time, for category four. The 2331
district shall adopt rules, policies, or procedures 2332
establishing competitive bidding procedures for maintenance 2333
services. Contracts for other services shall not be subject to 2334
competitive bidding unless the district adopts a rule, policy, 2335
or procedure applying competitive bidding procedures to said 2336
contracts. Nothing herein shall preclude the use of requests 2337
for proposal instead of invitations to bid as determined by 2338
the district to be in its best interest. 2339
(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR 2340
ADOPTION AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.— 2341
(a) The district is authorized to prescribe, fix, 2342
establish, and collect rates, fees, rentals, or other charges, 2343
hereinafter sometimes referred to as "revenues," and to revise 2344
the same from time to time, for the systems, facilities, and 2345
services furnished by the district, including, but not limited 2346
to, recreational facilities, water management and control 2347
facilities, and water and sewer systems; to recover the costs 2348
of making connection with any district service, facility, or 2349
system; and to provide for reasonable penalties against any 2350
Page 9764 of 10663
user or property for any such rates, fees, rentals, or other 2351
charges that are delinquent. 2352
(b) No such rates, fees, rentals, or other charges for 2353
any of the facilities or services of the district shall be 2354
fixed until after a public hearing at which all the users of 2355
the proposed facility or services or owners, tenants, or 2356
occupants served or to be served thereby and all other 2357
interested persons shall have an opportunity to be heard 2358
concerning the proposed rates, fees, rentals, or other 2359
charges. Rates, fees, rentals, and other charges shall be 2360
adopted under the administrative rulemaking authority of the 2361
district, but shall not apply to district leases. Notice of 2362
such public hearing setting forth the proposed schedule or 2363
schedules of rates, fees, rentals, and other charges shall 2364
have been published in a newspaper of general circulation in 2365
Collier County at least once and at least 10 days prior to 2366
such public hearing. The rulemaking hearing may be adjourned 2367
from time to time. After such hearing, such schedule or 2368
schedules, either as initially proposed or as modified or 2369
amended, may be finally adopted. A copy of the schedule or 2370
schedules of such rates, fees, rentals, or charges as finally 2371
Page 9765 of 10663
adopted shall be kept on file in an office designated by the 2372
board and shall be open at all reasonable times to public 2373
inspection. The rates, fees, rentals, or charges so fixed for 2374
any class of users or property served shall be extended to 2375
cover any additional users or properties thereafter served 2376
which shall fall in the same class, without the necessity of 2377
any notice or hearing. 2378
(c) Such rates, fees, rentals, and other charges shall 2379
be just and equitable and uniform for users of the same class, 2380
and when appropriate may be based or computed either upon the 2381
amount of service furnished, upon the average number of 2382
persons residing or working in or otherwise occupying the 2383
premises served, or upon any other factor affecting the use of 2384
the facilities furnished, or upon any combination of the 2385
foregoing factors, as may be determined by the board on an 2386
equitable basis. 2387
(d) The rates, fees, rentals, or other charges 2388
prescribed shall be such as will produce revenues, together 2389
with any other assessments, taxes, revenues, or funds 2390
available or pledged for such purpose, at least sufficient to 2391
Page 9766 of 10663
provide for the items hereinafter listed, but not necessarily 2392
in the order stated: 2393
1. To provide for all expenses of operation and 2394
maintenance of such facility or service. 2395
2. To pay when due all bonds and interest thereon for 2396
the payment of which such revenues are, or shall have been, 2397
pledged or encumbered, including reserves for such purpose. 2398
3. To provide for any other funds which may be 2399
required under the resolution or resolutions authorizing the 2400
issuance of bonds pursuant to this act. 2401
(e) The board shall have the power to enter into 2402
contracts for the use of the projects of the district and with 2403
respect to the services, systems, and facilities furnished or 2404
to be furnished by the district. 2405
(21) RECOVERY OF DELINQUENT CHARGES.—In the event that 2406
any rates, fees, rentals, charges, or delinquent penalties are 2407
not paid when due and are in default for 60 days or more, the 2408
unpaid balance thereof and all interest accrued thereon, 2409
together with reasonable attorney fees and costs, may be 2410
recovered by the district in a civil action. 2411
Page 9767 of 10663
(22) DISCONTINUANCE OF SERVICE.—In the event the fees, 2412
rentals, or other charges for district services or facilities 2413
are not paid when due, the board shall have the power, under 2414
such reasonable rules and regulations as the board may adopt, 2415
to discontinue and shut off such services until such fees, 2416
rentals, or other charges, including interest, penalties, and 2417
charges for the shutting off and discontinuance and the 2418
restoration of such services, are fully paid; and, for such 2419
purposes, the board may enter on any lands, waters, or 2420
premises of any person, firm, corporation, or body, public or 2421
private, within the district limits. Such delinquent fees, 2422
rentals, or other charges, together with interest, penalties, 2423
and charges for the shutting off and discontinuance and the 2424
restoration of such services and facilities and reasonable 2425
attorney fees and other expenses, may be recovered by the 2426
district, which may also enforce payment of such delinquent 2427
fees, rentals, or other charges by any other lawful method of 2428
enforcement. 2429
(23) ENFORCEMENT AND PENALTIES.—The board or any 2430
aggrieved person may have recourse to such remedies in law and 2431
at equity as may be necessary to ensure compliance with this 2432
Page 9768 of 10663
act, including injunctive relief to enjoin or restrain any 2433
person violating this act or any bylaws, resolutions, 2434
regulations, rules, codes, or orders adopted under this act. 2435
In case any building or structure is erected, constructed, 2436
reconstructed, altered, repaired, converted, or maintained, or 2437
any building, structure, land, or water is used, in violation 2438
of this act or of any code, order, resolution, or other 2439
regulation made under authority conferred by this act or under 2440
law, the board or any citizen residing in the district may 2441
institute any appropriate action or proceeding to prevent such 2442
unlawful erection, construction, reconstruction, alteration, 2443
repair, conversion, maintenance, or use; to restrain, correct, 2444
or avoid such violation; to prevent the occupancy of such 2445
building, structure, land, or water; and to prevent any 2446
illegal act, conduct, business, or use in or about such 2447
premises, land, or water. 2448
(24) SUITS AGAINST THE DISTRICT.—Any suit or action 2449
brought or maintained against the district for damages arising 2450
out of tort, including, without limitation, any claim arising 2451
upon account of an act causing an injury or loss of property, 2452
Page 9769 of 10663
personal injury, or death, shall be subject to the limitations 2453
provided in s. 768.28, Florida Statutes. 2454
(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.—2455
All district property shall be exempt from levy and sale by 2456
virtue of an execution, and no execution or other judicial 2457
process shall issue against such property, nor shall any 2458
judgment against the district be a charge or lien on its 2459
property or revenues; however, nothing contained herein shall 2460
apply to or limit the rights of bondholders to pursue any 2461
remedy for the enforcement of any lien or pledge given by the 2462
district in connection with any of the bonds or obligations of 2463
the district. 2464
(26) TERMINATION, CONTRACTION, OR EXPANSION OF 2465
DISTRICT.— 2466
(a) The board of supervisors of the district shall not 2467
ask the Legislature to repeal or amend this act to expand or 2468
to contract the boundaries of the district or otherwise cause 2469
the merger or termination of the district without first 2470
obtaining a resolution or official statement from Collier 2471
County as required by s. 189.031(2)(e)4., Florida Statutes, 2472
for creation of an independent special district. The 2473
Page 9770 of 10663
district’s consent may be evidenced by a resolution or other 2474
official written statement of the district. 2475
(b) The district shall remain in existence until: 2476
1. The district is terminated and dissolved pursuant 2477
to amendment to this act by the Legislature. 2478
2. The district has become inactive pursuant to s. 2479
189.062, Florida Statutes. 2480
(27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS. The 2481
district may merge with one or more community development 2482
districts situated wholly within its boundaries. The district 2483
shall be the surviving entity of the merger. Any mergers 2484
shall commence upon each such community development district 2485
filing a written request for merger with the district. A copy 2486
of the written request shall also be filed with Collier 2487
County. The district, subject to the direction of its board of 2488
supervisors, shall enter into a merger agreement which shall 2489
provide for the proper allocation of debt, the manner in which 2490
such debt shall be retired, the transition of the community 2491
development district board, and the transfer of all financial 2492
obligations and operating and maintenance responsibilities to 2493
the district. The execution of the merger agreement by the 2494
Page 9771 of 10663
district and each community development district constitutes 2495
consent of the landowners within each district. The district 2496
and each community development district requesting merger 2497
shall hold a public hearing within its boundaries to provide 2498
information about and take public comment on the proposed 2499
merger in the merger agreement. The public hearing shall be 2500
held within 45 days of the initial consideration and approval 2501
of the merger agreement by all parties thereto. Notice of the 2502
public hearing shall be published at least 14 days before the 2503
hearing in a newspaper of general circulation in Collier 2504
County. At the conclusion of the public hearing each district 2505
shall consider a resolution either approving or disapproving 2506
the proposed merger. If the district and each community 2507
development district which is a party to the merger agreement 2508
adopt a resolution approving the proposed merger, the 2509
resolutions and the executed merger agreement shall be filed 2510
with Collier County. Upon receipt of the resolutions approving 2511
the merger and the merger agreement, Collier County shall 2512
adopt a non-emergency ordinance dissolving each community 2513
development district pursuant to s. 190.046(10), Florida 2514
Statutes. 2515
Page 9772 of 10663
(28) INCLUSION OF TERRITORY. The inclusion of any or 2516
all territory of the district within a municipality does not 2517
change, alter, or affect the boundary, territory, existence, 2518
or jurisdiction of the district. 2519
(29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED 2520
DISCLOSURE TO PURCHASER.—Subsequent to the creation of this 2521
district under this act, each contract for the initial sale of 2522
a parcel of real property and each contract for the initial 2523
sale of a residential unit within the district shall include, 2524
immediately prior to the space reserved in the contract for 2525
the signature of the purchaser, the following disclosure 2526
statement in boldfaced and conspicuous type which is larger 2527
than the type in the remaining text of the contract: "THE 2528
CORKSCREW GROVE STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES 2529
OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS 2530
PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE 2531
CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN 2532
PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT AND 2533
ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE 2534
TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER 2535
Page 9773 of 10663
LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES 2536
AND ASSESSMENTS PROVIDED FOR BY LAW." 2537
(30) NOTICE OF CREATION AND ESTABLISHMENT.—Within 30 2538
days after the election of the first board of supervisors 2539
creating this district, the district shall cause to be 2540
recorded in the grantor-grantee index of the property records 2541
in Collier County a "Notice of Creation and Establishment of 2542
the Corkscrew Grove Stewardship District." The notice shall, 2543
at a minimum, include the legal description of the property 2544
covered by this act. 2545
(31) DISTRICT PROPERTY PUBLIC; FEES.—Any system, 2546
facility, service, works, improvement, project, or other 2547
infrastructure owned by the district, or funded by federal tax 2548
exempt bonding issued by the district, is public; and the 2549
district by rule may regulate, and may impose reasonable 2550
charges or fees for, the use thereof, but not to the extent 2551
that such regulation or imposition of such charges or fees 2552
constitutes denial of reasonable access. 2553
Section 7. If any provision of this act is determined 2554
unconstitutional or otherwise determined invalid by a court of 2555
Page 9774 of 10663
law, all the rest and remainder of the act shall remain in 2556
full force and effect as the law of this state. 2557
Section 8. This act shall take effect upon becoming a 2558
law, except that the provisions of this act which authorize 2559
the levy of ad valorem taxation shall take effect only upon 2560
express approval by a majority vote of those qualified 2561
electors of the Corkscrew Grove Stewardship District, as 2562
required by Section 9 of Article VII of the State 2563
Constitution, voting in a referendum election held at such 2564
time as all members of the board are qualified electors who 2565
are elected by qualified electors of the district as provided 2566
in this act. 2567
Page 9775 of 10663