Resolution 2024-245 RESOLUTION NO. 2024- 2 4 5
A RESOLUTION OF THE COLLIER COUNTY BOARD OF
COUNTY COMMISSIONERS RELATING TO PROPOSED
SPECIAL LEGISLATION TO CREATE THE CORKSCREW
GROVE STEWARDSHIP DISTRICT; STATING THAT THE
COUNTY HAS NO OBJECTION TO CREATION OF THE
DISTRICT BY ENACTMENT OF THE LEGISLATION
PROVIDED TO THE COUNTY AS PROVIDED IN SECTION
189.031(2)(E)4.,FLORIDA STATUTES;AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Collier County (the "County") has received a proposal for the Florida
Legislature to establish the Corkscrew Grove Stewardship District (the "District") as an
independent special district encompassing property located in the unincorporated area of the
County; and
WHEREAS, Section 189.031(2)(e)4., Florida Statutes, prohibits creation of an
independent special district without a resolution or official statement of the governing body for
the local jurisdiction in which the proposed district is located, stating that the creation of the
proposed district is consistent with the approved local government plans of the local governing
body and that the local government has no objection to the creation of the proposed district; and
WHEREAS, the creation of the District by the Florida Legislature is not a growth
management approval and does not divest the County of any regulatory, zoning, permitting or
other authority the County has under Florida law; and
WHEREAS, the Board of County Commissioners of Collier County Florida (the
"Board") has considered the request for the Florida Legislature to create the District.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. REQUIREMENTS OF SECTION 189.031(2)(e)4.,FLORIDA STATUTES.
The County has no objection to creation of the proposed District by enactment of the proposed
legislation reviewed by the County and attached hereto as Appendix A and confirms that the
requirements of section 189.031(2)(e)4., Florida Statutes are met.
SECTION 2. TRANSMITTAL TO THE FLORIDA LEGISLATURE. County staff is
authorized and directed to provide an official copy of this resolution to the local delegation of
the Florida Legislature in and for Collier County, Florida.
SECTION 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
adoption.
remainder of page left intentionally blank
4910-8968-6018.1
ADOPTED this Min day of , 2024.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK OF THE COLLIER COUNTY, FLORIDA
CIRCUIT CO ,J,I2T& COMPTROLLER
� Attest as to Chairman's
t! tur€:only. By:
Chri all, Chairman
'•`� �° uty llerk
ntr\
r %
Appr ye a t ,foriTiand legality:
Je r kow
Coun Att ney 12`3I
4910-8968-6018.1
Appendix A
3
4910-8968-6018.1
1 An act relating to Collier County; creating the Corkscrew
2 Grove Stewardship District ; providing a short title; providing
3 legislative findings and intent ; providing definitions ;
4 stating legislative policy regarding creation of the district ;
5 establishing compliance with minimum requirements for creation
6 of an independent special district; providing for creation and
7 establishment of the district ; establishing the legal
8 boundaries of the district; providing for the jurisdiction and
9 charter of the district; providing for a board, of supervisors ;
10 providing for election, membership, terms , meetings, and
it duties of board members ; providing a method for transition of
12 the board from landowner control to control by the resident
13 electors of the district ; providing for a district manager and
14 district personnel; providing for a district treasurer,
15 selection of a public depository, and district budgets and
16 financial reports ; providing the general and special powers of
17 the district; providing for bonds ; providing for borrowing;
18 providing for future ad valorem taxation; providing for
19 special assessments ; providing for issuance of certificates of
20 indebtedness ; providing for tax liens; providing for
21 competitive procurement; providing for fees and charges ;
22 providing for termination, contraction, expansion, or merger
23 of the district ; providing for required notices to purchasers
24 of residential units within the district ; specifying district
25 public property; providing severability; providing for a
26 referendum; providing an effective date .
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1 . This act may be cited as the "Corkscrew
31 Grove Stewardship District Act . "
32 Section 2 . Legislative findings and intent;
33 definitions ; policy.-
34 (1) LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT.-
35 (a) The extensive lands located wholly within Collier
36 County and covered by this act contain many opportunities for
37 thoughtful, comprehensive, responsible, and consistent
38 development over a long period.
39 (b) There is a need to use a single special and
40 limited purpose independent special district unit of local
41 government for the Corkscrew Grove Stewardship District lands
42 located within Collier County and covered by this act to
43 provide for a more comprehensive community development
44 approach, which will facilitate an integral relationship
45 between regional transportation, land use and urban design to
46 provide for a diverse mix of housing and regional employment
47 and economic development opportunities, rather than fragmented
48 development with underutilized infrastructure generally
49 associated with urban sprawl .
50 (c) There is a considerably long period of time during
51 which there is a significant burden on the initial landowners
52 of the district lands to provide various systems , facilities ,
53 and services, such that there is a need for flexible
54 management, sequencing, timing, and financing of the various
55 systems, facilities , and services to be provided to these
56 lands, taking into consideration absorption rates, commercial
57 viability, and related factors .
58 (d) While chapter 190 , Florida Statutes , provides an
59 opportunity for previous community development services and
60 facilities to be provided by the continued use of community
61 development districts in a manner that furthers the public
62 interest, given the size of the Corkscrew Grove Stewardship
63 District lands and the duration of development , continuing to
64 utilize multiple community development districts over these
65 lands would result in an inefficient, duplicative, and
66 needless proliferation of local special purpose governments,
67 contrary to the public interest and the Legislature ' s findings
68 in chapter 190 , Florida Statutes . Instead, it is in the public
69 interest that the long-range provision for, and management,
70 financing, and long-term maintenance, upkeep, and operation
71 of, services and facilities to be provided for ultimate
72 development and conservation of the lands covered by this act
73 be under one coordinated entity. The creation of a single
74 district will assist in integrating the management of state
75 resources and allow for greater and more coordinated
76 stewardship of natural resources .
77 (e) Longer involvement of the initial landowner with
78 regard to the provision of systems, facilities , and services
79 for the Corkscrew Grove Stewardship District lands , coupled
80 with the special and limited purpose of the district, is in
81 the public interest .
82 (f) The existence and use of such a special and
83 limited purpose local government for the Corkscrew Grove
84 Stewardship District lands , subject to the Collier County
85 comprehensive plan, will provide for a comprehensive and
86 complete community development approach to promote a
87 sustainable and efficient land use pattern for the Corkscrew
88 Grove Stewardship District lands with long-term planning for
89 conservation and development; provide opportunities for the
90 mitigation of impacts and development of infrastructure in an
91 orderly and timely manner; prevent the overburdening of the
92 local general purpose government and the taxpayers ; and
93 provide an enhanced tax base and regional employment and
94 economic development opportunities .
95 (g) The creation and establishment of the special
96 district will encourage local government financial self-
97 sufficiency in providing public facilities and in identifying
98 and implementing physically sound, innovative, and cost-
99 effective techniques to provide and finance public facilities
100 while encouraging development, use, and coordination of
101 capital improvement plans by all levels of government, in
102 accordance with the goals of chapter 187 , Florida Statutes .
103 (h) The creation and establishment of the special
104 district is a legitimate supplemental and alternative method
105 available to manage, own, operate, construct, and finance
106 capital infrastructure systems, facilities , and services .
107 (i) In order to be responsive to the critical timing
108 required through the exercise of its special management
109 functions, an independent special district requires financing
110 of those functions , including bondable lienable and
111 nonlienable revenue, with full and continuing public
112 disclosure and accountability, funded by landowners , both
113 present and future, and funded also by users of the systems,
114 facilities, and services provided to the land area by the
115 special district, without unduly burdening the taxpayers ,
116 citizens , and ratepayers of the state or Collier County.
117 (j ) The special district created and established by
1I8 this act shall not have or exercise any comprehensive
119 planning, zoning, or development permitting power; the
120 establishment of the special district shall not be considered
121 a development order within the meaning of chapter 380 , Florida
122 Statutes; and all applicable planning and permitting laws,
123 rules , regulations , and policies of Collier County control the
124 development of the land to be serviced by the special
125 district .
126 (k) The creation by this act of the Corkscrew Grove
127 Stewardship District is not inconsistent with the Collier
128 County comprehensive plan.
129 (1) It is the legislative intent and purpose that no
130 debt or obligation of the special district constitute a burden
131 on Collier County.
132 (2) DEFINITIONS .—As used in this act :
133 (a) "Ad valorem bonds" means bonds that are payable
134 from the proceeds of ad valorem taxes levied on real and
135 tangible personal property and that are generally referred to
136 as general obligation bonds .
137 (b) "Assessable improvements" means, without
138 limitation, any and all public improvements and community
139 facilities that the district is empowered to provide in
140 accordance with this act that provide a special benefit to
141 property within the district .
142 (c) "Assessment bonds" means special obligations of
143 the district which are payable solely from proceeds of the
144 special assessments or benefit special assessments levied for
145 assessable improvements , provided that, in lieu of issuing
146 assessment bonds to fund the costs of assessable improvements,
147 the district may issue revenue bonds for such purposes payable
148 from assessments .
149 (d) "Assessments" means those nonmillage district
150 assessments which include special assessments , benefit special
151 assessments , and maintenance special assessments and a
152 nonmillage, non-ad valorem maintenance tax if authorized by
153 general law.
154 (e) "Benefit special assessments" means district
155 assessments imposed, levied, and collected pursuant to section
156 6 (12) (b) .
157 (g) "Board of supervisors" or "board" means the
158 governing body of the district or, if such board has been
159 abolished, the board, body, or commission assuming the
160 principal functions thereof or to whom the powers given to the
161 board by this act have been given by law.
162 (h) "Bond" includes "certificate, " and the provisions
163 that are applicable to bonds are equally applicable to
164 certificates . The term also includes any general obligation
165 bond, assessment bond, refunding bond, revenue bond, bond
166 anticipation note, and other such obligation in the nature of
167 a bond as is provided for in this act .
168 (i) "Cost" or "costs, " when used in reference to any
169 project, includes , but is not limited to :
170 1 . The expenses of determining the feasibility or
171 practicability of acquisition, construction, or
172 reconstruction.
173 2 . The cost of surveys, estimates, plans, and
174 specifications .
175 3 . The cost of improvements .
176 4 . Engineering, architectural, fiscal, and legal
177 expenses and charges .
178 5 . The cost of all labor, materials, machinery, and
179 equipment .
180 6 . The cost of all lands , properties, rights ,
181 easements, and franchises acquired.
182 7 . Financing charges .
183 8 . The creation of initial reserve and debt service
184 funds .
185 9 . Working capital .
186 10 . Interest charges incurred or estimated to be
187 incurred on money borrowed prior to and during construction
188 and acquisition and for such reasonable period of time after
189 completion of construction or acquisition as the board may
190 determine .
191 11 . The cost of issuance of bonds pursuant to this
192 act, including advertisements and printing.
193 12 . The cost of any bond or tax referendum held
194 pursuant to this act and all other expenses of issuance of
195 bonds .
196 13 . The discount, if any, on the sale or exchange of
197 bonds .
198 14 . Administrative expenses .
199 15 . Such other expenses as may be necessary or
200 incidental to the acquisition, construction, or reconstruction
201 of any project, or to the financing thereof, or to the
202 development of any lands within the district .
203 16 . Payments, contributions , dedications , and any
204 other exactions required as a condition of receiving any
205 governmental approval or permit necessary to accomplish any
206 district purpose .
207 17 . Any other expense or payment permitted by this act
208 or allowable by law.
209 (i) "District" means the Corkscrew Grove Stewardship
210 District .
211 (j ) "District manager" means the manager of the
212 district .
213 (k) "District roads" means highways , streets , roads ,
214 alleys, intersection improvements , sidewalks, crossings ,
215 landscaping, irrigation, signage, signalization, storm drains,
216 bridges , multiuse trails , lighting, and thoroughfares of all
217 kinds .
218 (1) "General obligation bonds" means bonds which are
219 secured by, or provide for their payment by, the pledge of the
220 full faith and credit and taxing power of the district .
221 (m) "General-purpose local government" means a city,
222 municipality, or consolidated city-county government .
223 (n) "Governing board member" means any member of the
224 board of supervisors .
225 (o) "Land development regulations" means those
226 regulations of the general-purpose local government, adopted
227 under the Community Planning Act, codified as part II of
228 chapter 163 , Florida Statutes, to which the district is
229 subject and as to which the district may not do anything that
230 is inconsistent therewith. The term "land development
231 regulations" does not include specific management,
232 engineering, operations, or capital improvement planning,
233 needed in the daily management, implementation, and supplying
234 by the district of systems, facilities, services , works ,
235 improvements , projects , or infrastructure, so long as they
236 remain subject to and are not inconsistent with the applicable
237 county codes .
238 (p) "Landowner" means the owner of a freehold estate
239 as it appears on the deed record, including a trustee, a
240 private corporation, and an owner of a condominium unit . The
241 term "landowner" does not include a reversioner, remainderman,
242 mortgagee, or any governmental entity which shall not be
243 counted and need not be notified of proceedings under this
244 act . The term "landowner" also means the owner of a ground
245 lease from a governmental entity, which leasehold interest has
246 a remaining term, excluding all renewal options , in excess of
247 50 years .
248 (q) "Maintenance special assessments" are assessments
249 imposed, levied, and collected pursuant to section 6 (12) (d) .
250 (r) "Non-ad valorem assessment" means only those
251 assessments which are not based upon millage and which can
252 become a lien against a homestead as permitted in s . 4 ,
253 Article X of the State Constitution.
254 (s) "Powers" means powers used and exercised by the
255 board of supervisors to accomplish the special and limited
256 purposes of the district, including:
257 1 . "General powers , " which means those organizational
258 and administrative powers of the district as provided in its
259 charter in order to carry out its special and limited purpose
260 as a local government public corporate body politic .
261 2 . "Special powers , " which means those powers
262 enumerated by the district charter to implement its
263 specialized systems , facilities, services , projects ,
264 improvements , and infrastructure and related functions in
265 order to carry out its special and limited purposes .
266 3 . Any other powers, authority, or functions set forth
267 in this act .
268 (t) "Project" means any development, improvement,
269 property, power, utility, facility, enterprise, service,
270 system, works , or infrastructure now existing or hereafter
271 undertaken or established under this act .
272 (u) "Qualified elector" means any person at least 18
273 years of age who is a citizen of the United States and a legal
274 resident of the state and of the district, who registers to
275 vote with the Supervisor of Elections of Collier County and
276 who resides in Collier County.
277 (v) "Reclaimed water" means water, including from
278 wells or stormwater management facilities , that has received
279 at least secondary treatment and basic disinfection and is
280 reused after flowing out of a domestic wastewater treatment
281 facility, or otherwise as an approved use of surface water or
282 groundwater by the water management district .
283 (w) "Reclaimed water system" means any plant, well,
284 system, facility, or property, and any addition, extension, or
285 improvement thereto at any future time constructed or acquired
286 as part thereof, useful, necessary, or having the present
287 capacity for future use in connection with the development of
288 sources, treatment, purification, or distribution of reclaimed
289 water. The term includes franchises of any nature relating to
290 any such system and necessary or convenient for the operation
291 thereof including for the district' s own use or resale .
292 (x) "Refunding bonds" means bonds issued to refinance
293 outstanding bonds of any type and the interest and redemption
294 premium thereon. Refunding bonds may be issuable and payable
295 in the same manner as refinanced bonds , except that no
296 approval by the electorate shall be required unless required
297 by the State Constitution.
298 (y) "Revenue bonds" means obligations of the district
299 that are payable from revenues, including, but not limited to,
300 special assessments and benefit special assessments, derived
301 from sources other than ad valorem taxes on real or tangible
302 personal property and that do not pledge the property, credit,
303 or general tax revenue of the district .
304 (z) "Sewer system" means any plant, system, facility,
305 or property, and additions, extensions, and improvements
306 thereto at any future time constructed or acquired as part
307 thereof, useful or necessary or having the present capacity
308 for future use in connection with the collection, treatment,
309 purification, or disposal of sewage, including, but not
310 limited to, industrial wastes resulting from any process of
311 industry, manufacture, trade, or business or from the
312 development of any natural resource . The term also includes
313 treatment plants, pumping stations, lift stations, valves,
314 force mains , intercepting sewers, laterals , pressure lines ,
315 mains, and all necessary appurtenances and equipment; all
316 sewer mains, laterals , and other devices for the reception and
317 collection of sewage from premises connected therewith; all
318 real and personal property and any interest therein; and
319 rights, easements , and franchises of any nature relating to
320 any such system and necessary or convenient for operation
321 thereof .
322 (aa) "Special assessments" means assessments as
323 imposed, levied, and collected by the district for the costs
324 of assessable improvements pursuant to this act; chapter 170 ,
325 Florida Statutes ; and the additional authority under s .
326 197 . 3631, Florida Statutes, or other provisions of general
327 law, now or hereinafter enacted, which provide or authorize a
328 supplemental means to impose, levy, or collect special
329 assessments .
330 (bb) "Corkscrew Grove Stewardship District" means the
331 unit of special and limited purpose local government and
332 political subdivision created and chartered by this act, and
333 limited to the performance of those general and special powers
334 authorized by its charter under this act, the boundaries of
335 which are set forth by the act, the governing board of which
336 is created and authorized to operate with legal existence by
337 this act, and the purpose of which is as set forth in this
338 act .
339 (cc) "Tax" or "taxes" means those levies and
340 impositions of the board of supervisors that support and pay
341 for government and the administration of law and that may be :
342 1 . Ad valorem or property taxes based upon both the
343 appraised value of property and millage, at a rate uniform
344 within the jurisdiction; or
345 2 . If and when authorized by general law, non-ad
346 valorem maintenance taxes not based on millage that are used
347 to maintain district systems , facilities , and services .
348 (dd) "Water system" means any plant, system, facility,
349 or property, and any addition, extension, or improvement
350 thereto at any future time constructed or acquired as a part
351 thereof, useful , necessary, or having the present capacity for
352 future use in connection with the development of sources ,
353 treatment, purification, or distribution of water. The term
354 also includes dams, reservoirs, storage tanks, mains , lines,
355 valves, pumping stations, laterals , and pipes for the purpose
356 of carrying water to the premises connected with such system,
357 and all rights, easements, and franchises of any nature
358 relating to any such system and necessary or convenient for
359 the operation thereof .
360 (3 ) POLICY.—Based upon its findings , ascertainments,
361 determinations , intent, purpose, and definitions, the
362 Legislature states its policy expressly:
363 (a) The district and the district charter, with its
364 general and special powers, as created in this act, are
365 essential and the best alternative for the residential,
366 commercial , industrial , office, hotel , health care, and other
367 similar community uses, projects, or functions in the included
368 portion of Collier County consistent with the effective
369 comprehensive plan, and designed to serve a lawful public
370 purpose .
371 (b) The district, which is a local government and a
372 political subdivision, is limited to its special purpose as
373 expressed in this act, with the power to provide, plan,
374 implement, construct, maintain, and finance as a local
375 government management entity systems, facilities , services,
376 improvements, infrastructure, and projects, and possessing
377 financing powers to fund its management power over the long
378 term and with sustained levels of high quality.
379 (c) The creation of the Corkscrew Grove Stewardship
380 District by and pursuant to this act, and its exercise of its
381 management and related financing powers to implement its
382 limited, single, and special purpose, is not a development
383 order and does not trigger or invoke any provision within the
384 meaning of chapter 380 , Florida Statutes, and all applicable
385 governmental planning, environmental, and land development
386 laws, regulations , rules , policies , and ordinances apply to
387 all development of the land within the jurisdiction of the
388 district as created by this act .
389 (d) The district shall operate and function subject
390 to, and not inconsistent with, the applicable comprehensive
391 plan of Collier County and any applicable development orders
392 (e . g. , detailed site plan development orders) , zoning
393 regulations, and other land development regulations .
394 (e) The special and single purpose Corkscrew Grove
395 Stewardship District shall not have the power of a general-
396 purpose local government to adopt a comprehensive plan or
397 related land development regulation as those terms are defined
398 in the Community Planning Act .
399 (f) This act may be amended, in whole or in part, only
400 by special act of the Legislature . The board of supervisors of
401 the district shall not ask the Legislature to amend this act
402 without first obtaining a resolution or official statement
403 from the district and Collier County as may be required by s .
404 189 . 031 (2) (e) 4 . , Florida Statutes , for creation of an
405 independent special district, and if such an amendment is
406 related to the district' s ability to provide services under
407 Section (7) (b) , a resolution or official statement from the
408 Immokalee Water and Sewer District in the form and substance
409 described in s . 189 . 031 (2) (2) 4 . , Florida Statutes , provided
410 amendments to the District' s boundaries as described in
411 Section 4 shall not require a statement from the Immokalee
412 Water and Sewer District .
413 Section 3 . Minimum charter requirements ; creation and
414 establishment ; jurisdiction; construction; charter.—
415 (1) Pursuant to s . 189 . 031 (3 ) , Florida Statutes, the
416 Legislature sets forth that the minimum requirements in
417 paragraphs (a) through (n) have been met in the identified
418 provisions of this act as follows :
419 (a) The purpose of the district is stated in the act
420 in section 2 and subsection (4) of this section.
421 (b) The powers , functions , and duties of the district
422 regarding ad valorem taxation, bond issuance, other revenue-
423 raising capabilities, budget preparation and approval, liens
424 and foreclosure of liens , use of tax deeds and tax
425 certificates as appropriate for non-ad valorem assessments,
426 and contractual agreements are set forth in section 6 .
427 (c) The provisions for methods for establishing the
428 district are set forth in this section.
429 (d) The methods for amending the charter of the
430 district are set forth in section 2 .
431 (e) The provisions for the membership and organization
432 of the governing body and the establishment of a quorum are
433 set forth in section 5 .
434 (f) The provisions regarding the administrative duties
435 of the governing body are set forth in sections 5 and 6 .
436 (g) The provisions applicable to financial disclosure,
437 noticing, and reporting requirements generally are set forth
438 in sections 5 and 6 .
439 (h) The provisions regarding procedures and
440 requirements for issuing bonds are set forth in section 6 .
441 (i) The provisions regarding elections or referenda
442 and the qualifications of an elector of the district are set
443 forth in sections 2 and 5 .
444 (j ) The provisions regarding methods for financing the
445 district generally are set forth in section 6 .
446 (k) Other than taxes levied for the payment of bonds
447 and taxes levied for periods not longer than 2 years when
448 authorized by vote of the electors of the district, the
449 provisions for the authority to levy ad valorem tax and the
450 authorized millage rate are set forth in section 6 .
451 (1) The provisions for the method or methods of
452 collecting non-ad valorem assessments, fees , or service
453 charges are set forth in section 6 .
454 (m) The provisions for planning requirements are in
455 this section and section 6 .
456 (n) The provisions for geographic boundary limitations
457 of the district are set forth in sections 4 and 6 .
458 (2) The Corkscrew Grove Stewardship District is
459 created and incorporated as a public body corporate and
460 politic, an independent special and limited purpose local
461 government, an independent special district, under s . 189 . 031 ,
462 Florida Statutes , as amended from time to time, and as defined
463 in this act and in s . 189 . 012 (3 ) , Florida Statutes, as amended
464 from time to time, in and for portions of Collier County. Any
465 amendments to chapter 190 , Florida Statutes , after January 1,
466 2025 granting additional general powers , special powers,
467 authorities, or projects to a community development district
468 by amendment to its uniform charter, ss . 190 . 006-190 . 041,
469 Florida Statutes , which are not inconsistent with this act,
470 shall constitute a general power, special power, authority, or
471 function of the Corkscrew Grove Stewardship District . All
472 notices for the enactment by the Legislature of this special
473 act have been provided pursuant to the State Constitution, the
474 Laws of Florida, and the Rules of the Florida House of
475 Representatives and of the Florida Senate . No referendum
476 subsequent to the effective date of this act is required as a
477 condition of establishing the district . Therefore, the
478 district, as created by this act, is established on the
479 property described in this act .
480 (3 ) The territorial boundary of the district shall
481 embrace and include all of that certain real property
482 described in section 4 .
483 (4) The jurisdiction of the district, in the exercise
484 of its general and special powers , and in the carrying out of
485 its special and limited purposes , is both within the external
486 boundaries of the legal description of this district and
487 extraterritorially when limited to, and as authorized
488 expressly elsewhere in, the charter of the district as created
489 in this act or applicable general law. This special and
490 limited purpose district is created as a public body corporate
491 and politic , and local government authority and power is
492 limited by its charter, this act, and subject to other general
493 laws , including chapter 189 , Florida Statutes, except that an
494 inconsistent provision in this act shall control and the
495 district has jurisdiction to perform such acts and exercise
496 such authorities , functions, and powers as shall be necessary,
497 convenient, incidental, proper, or reasonable for the
498 implementation of its special and limited purpose regarding
499 the sound planning, provision, acquisition, development,
500 operation, maintenance, and related financing of those public
501 systems, facilities, services , improvements, projects , and
502 infrastructure works as authorized herein, including those
503 necessary and incidental thereto . The district shall only
504 exercise any of its powers extraterritorially within Collier
505 County after execution of an interlocal agreement between the
506 district and Collier County consenting to the district ' s
507 exercise of any of such powers within Collier County or an
508 applicable development order or as part of other land
509 development regulations issued by Collier County.
510 (5) The exclusive charter of the Corkscrew Grove
511 Stewardship District is this act and, except as otherwise
512 provided in subsection (2) , may be amended only by special act
513 of the Legislature .
514 Section 4 . Legal description of the Corkscrew Grove
515 Stewardship District .—The metes and bounds legal description
516 of the district, within which there are no parcels of property
517 owned by those who do not wish their property to be included
518 within the district, is as follows :
519 A PARCEL OF LAND LOCATED IN SECTIONS 03 , 04 , 05 , 06 , 07 , 08 ,
520 09 , 10 , 15 AND 18 , TOWNSHIP 46 SOUTH, RANGE 28 EAST, COLLIER
521 COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
522 AREA 1 :
523 BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
524 SAID SECTION 04 ; THENCE RUN S . 89°34 ' 35"E . , ALONG THE NORTH
525 LINE OF SAID NORTHWEST QUARTER, FOR A DISTANCE OF 2 , 601 . 08
526 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID
527 SECTION 04 ; THENCE RUN N. 89°49 ' 18"E . , ALONG THE NORTH LINE OF
528 SAID NORTHEAST QUARTER, FOR A DISTANCE OF 2 , 703 . 78 FEET TO THE
529 NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 03 ;
530 THENCE RUN S . 89°29 ' 58"E . , ALONG THE NORTH LINE OF SAID
531 NORTHWEST QUARTER, FOR A DISTANCE OF 2 , 641 . 45 FEET TO THE
532 NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 03 ;
533 THENCE RUN S . 89°29 ' 58"E . , ALONG THE NORTH LINE OF SAID
534 NORTHEAST QUARTER, FOR A DISTANCE OF 2 , 641 . 44 FEET TO THE
535 NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE RUN
536 S . 00°35 ' 20"E . , ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,
537 FOR A DISTANCE OF 2 , 629 . 09 FEET TO THE NORTHEAST CORNER OF THE
538 SOUTHEAST QUARTER OF SAID SECTION 03 ; THENCE RUN
539 S . 00°35 ' 45"E . , ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER,
540 FOR A DISTANCE OF 1 , 532 . 89 FEET TO THE NORTHERLY RIGHT OF WAY
541 LINE OF STATE ROAD 82 (A 200 FOOT RIGHT OF WAY) , SAID POINT
542 HEREINAFTER REFERRED TO AS POINT "A" ; THENCE RUN
543 N. 73°57 ' 58"W. , ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A
544 DISTANCE OF 4 , 219 . 38 FEET TO A POINT ON SAID NORTHERLY RIGHT
545 OF WAY LINE HEREINAFTER REFERRED TO AS POINT "B" ; THENCE
546 CONTINUE N. 73°57 ' 58 "W. , ALONG SAID NORTHERLY RIGHT OF WAY
547 LINE, FOR A DISTANCE OF 5 , 305 . 11 FEET TO A POINT ON SAID
548 NORTHERLY RIGHT OF WAY LINE HEREINAFTER REFERRED TO AS POINT
549 "C" ; THENCE CONTINUE N. 73°57 ' 58 "W. , ALONG SAID NORTHERLY RIGHT
550 OF WAY LINE, FOR A DISTANCE OF 1, 511 . 79 TO THE WEST LINE OF
551 SAID NORTHWEST QUARTER OF SAID SECTION 04 ; THENCE RUN
552 N. 01°10 ' 09"W. , ALONG SAID WEST LINE, FOR A DISTANCE OF
553 1, 123 . 48 FEET; TO THE POINT OF BEGINNING.
554 LESS AND EXCEPT:
555 COMMENCE AT THE AFOREMENTIONED POINT "B" ; THENCE RUN
556 N. 16°02 ' 02 "E . , FOR A DISTANCE OF 62 . 00 FEET TO THE POINT OF
557 BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
558 CONTINUE, N. 16°02 ' 02 "E . , FOR A DISTANCE OF 39 . 22 FEET TO THE
559 BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN
560 NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
561 RADIUS OF 647 . 96 FEET, THROUGH A CENTRAL ANGLE OF 16°37 ' 00" ,
562 SUBTENDED BY A CHORD DISTANCE OF 187 . 26 FEET, AT A BEARING OF
563 N. 07°43 ' 32"E . , FOR A DISTANCE OF187 . 92 FEET TO THE END OF SAID
564 CURVE; THENCE RUN, N. 00°34 ' 58 "W. , A DISTANCE OF 191 . 27 FEET;
565 THENCE RUN S . 89°25 ' 02"W. , FOR A DISTANCE OF 70 . 55 FEET; THENCE
566 RUN N. 00°34 ' 58"W. , FOR A DISTANCE OF 40 . 00 FEET; THENCE RUN
567 N. 89°25 ' 02"E . , FOR A DISTANCE OF 70 . 55 FEET; THENCE RUN
568 N. 00°34 ' S8"W. , FOR A DISTANCE OF 199 . 86 FEET; THENCE RUN
569 N. 89°20 ' 29"E . , FOR A DISTANCE OF 239 . 66 FEET; THENCE RUN
570 S . 38°31 ' 20"E . , FOR A DISTANCE OF 143 . 21 FEET; THENCE RUN
571 S . 51°28 ' 40"W. , FOR A DISTANCE OF 52 . 80 FEET; THENCE RUN
572 S . 00°39 ' 31"E . , FOR A DISTANCE OF 605 . 94 FEET; THENCE RUN
573 N. 73 °58 ' 04"W. , FOR A DISTANCE OF 339 . 31 FEET TO THE POINT OF
574 BEGINNING.
575 ALSO LESS AND EXCEPT:
576 COMMENCE AT THE AFOREMENTIONED POINT "C" , THENCE RUN
577 N. 16°02 ' 02 "E . , FOR A DISTANCE OF 73 . 00 FEET TO THE POINT OF
578 BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
579 CONTINUE N. 16°02 ' 02"E . , FOR A DISTANCE OF 60 . 91 FEET; THENCE
580 RUN N. 01°02 ' 21"W. , FOR A DISTANCE OF 132 . 64 FEET; THENCE RUN
581 N. 88°57 ' 41"E . , FOR A DISTANCE OF 234 . 50 FEET; THENCE RUN
582 S . 01°02 ' 17"E . , FOR A DISTANCE OF 268 . 38 FEET; THENCE RUN
583 N. 73°57 ' 54"W. , FOR A DISTANCE OF 264 . 01 FEET TO THE POINT OF
584 BEGINNING.
585 AND AREA 2 :
586 COMMENCE AT SAID NORTHWEST CORNER OF THE NORTHWEST QUARTER OF
587 SAID SECTION 04 ; THENCE RUN S . 89°58 ' 53 "W. , ALONG THE NORTH
588 LINE OF THE NORTHEAST QUARTER OF SAID SECTION 05 , FOR A
589 DISTANCE OF 2 , 655 . 24 FEET TO THE NORTHEAST CORNER OF THE
590 NORTHWEST QUARTER OF SAID SECTION 05 ; THENCE RUN
591 S . 89°59 ' 22"W. , ALONG THE NORTH LINE OF THE NORTHWEST QUARTER
592 OF SAID SECTION 05 , FOR A DISTANCE OF 1, 950 . 13 FEET TO A POINT
593 ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A
594 200 FOOT RIGHT OF WAT) , AND THE POINT OF BEGINNING OF THE
595 PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN S . 73°57 ' 58 "E . ,
596 ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF
597 5, 567 . 97 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY
598 LINE, RUN S . 36°17 ' 02"W. , FOR A DISTANCE OF 85 . 80 FEET; THENCE
599 RUN N. 73°57 ' 58 "W. , FOR A DISTANCE OF 327 . 44 FEET; THENCE RUN
600 N. 78°05 ' 08"W. , FOR A DISTANCE OF 96 . 93 FEET; THENCE RUN
601 S . 00°02 ' 23 "W. , FOR A DISTANCE OF 322 . 02 FEET; THENCE RUN
602 S . 73°57 ' 58"E . , FOR A DISTANCE OF 218 . 62 FEET; THENCE RUN
603 S . 36°17 ' 02"W. , FOR A DISTANCE OF 265 . 76 FEET; THENCE RUN
604 S . 53°42 ' 58"E . , FOR A DISTANCE OF 60 . 00 FEET; THENCE RUN
605 N. 36°17 ' 02 "E . , FOR A DISTANCE OF 711 . 07 FEET TO SAID SOUTHERLY
606 RIGHT OF WAY LINE; THENCE RUN S . 73°57 ' 57"E . , ALONG SAID
607 SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 3 , 151 . 52 FEET;
608 THENCE RUN S . 16°02 ' 02"W. , FOR A DISTANCE OF 25 . 00 FEET; THENCE
609 RUN S . 73°57 ' 58"E . , FOR A DISTANCE OF 464 . 76 FEET TO THE
610 NORTHERLY RIGHT OF WAY LINE OF CORKSCREW ROAD (A 100 FOOT
611 RIGHT OF WAY) ; THENCE RUN S . 20°51 ' 56 "W. , ALONG SAID NORTHERLY
612 RIGHT OF WAY LINE, FOR A DISTANCE OF 1 , 727 . 40 FEET TO THE
613 BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT, THENCE RUN
614 SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND
615 ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
616 1, 859 . 86 FEET, THROUGH A CENTRAL ANGLE OF 37°08 ' 16" , SUBTENDED
617 BY A CHORD DISTANCE OF 1, 184 . 52 FEET, AT A BEARING OF
618 S . 39°26 ' 04"W. , FOR A DISTANCE OF 1, 205 . 52 FEET TO THE END OF
619 SAID CURVE; THENCE RUN S . 58°00 ' 12"W. , ALONG SAID NORTHERLY
620 RIGHT OF WAY LINE, FOR A DISTANCE OF 6 , 667 . 70 FEET TO THE
621 BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN
622 SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND
623 ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
624 2 , 914 . 79 FEET, THROUGH A CENTRAL ANGLE OF 10°45 ' 18" , SUBTENDED
625 BY A CHORD DISTANCE OF 546 . 33 FEET, AT A BEARING OF
626 S . 52°37 ' 33 "W. , FOR A DISTANCE OF 547 . 14 FEET TO THE END OF
627 SAID CURVE; THENCE RUN S . 47°14 ' 54 "W. , ALONG SAID NORTHERLY
628 RIGHT OF WAY LINE, FOR A DISTANCE OF 5 , 800 . 34 FEET; THENCE RUN
629 S . 49°36 ' 55"W. , ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR A
630 DISTANCE OF 484 . 30 FEET; THENCE RUN S . 47°14 ' 54 "W. , ALONG SAID
631 NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 1 , 526 . 83 FEET
632 TO THE BEGINNING OF A TANGENTIAL CURVE TO THE RIGHT, THENCE
633 RUN WESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE AND ALONG
634 THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 904 . 93
635 FEET, THROUGH A CENTRAL ANGLE OF 42°19 ' 05 " , SUBTENDED BY A
636 CHORD DISTANCE OF 653 . 28 FEET, AT A BEARING OF S . 68°24 ' 26"W. ,
637 FOR A DISTANCE OF 668 . 37 FEET TO THE END OF SAID CURVE; THENCE
638 RUN S . 89°33 ' 59"W. , ALONG SAID NORTHERLY RIGHT OF WAY LINE, FOR
639 A DISTANCE OF 996 . 61 FEET TO THE WEST LINE OF THE NORTHWEST
640 QUARTER OF SAID SECTION 18 ; THENCE RUN N. 00°39 ' 16"W. , ALONG
641 SAID WEST LINE, FOR A DISTANCE OF 2 , 572 . 80 FEET TO THE
642 SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 07 ;
643 THENCE RUN N. 00°25 ' 09"W. , ALONG THE WEST LINE OF SAID
644 SOUTHWEST QUARTER, FOR A DISTANCE OF 2 , 638 . 29 FEET TO THE
645 SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 07 ;
646 THENCE RUN N. 00°24 ' 09"W. , ALONG THE WEST LINE OF SAID
647 NORTHWEST QUARTER, FOR A DISTANCE OF 2 , 642 . 30 FEET TO THE
648 SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 06 ;
649 THENCE RUN N. 00°48 ' 21"W. , ALONG THE WEST LINE OF SAID SECTION
650 06 , FOR A DISTANCE OF 5 , 123 . 01 FEET; THENCE RUN S . 84°55 ' 35"E . ,
651 FOR A DISTANCE OF 3 , 585 . 78 FEET; THENCE RUN N. 01°07 ' 40"W. , FOR
652 A DISTANCE OF 1 , 837 . 49 FEET TO THE NORTH LINE OF THE NORTHEAST
653 QUARTER OF SAID SECTION 06 ; THENCE RUN N. 89°37 ' 36"E . , ALONG
654 SAID NORTH LINE, FOR A DISTANCE OF 1 , 831 . 47 FEET TO THE
655 NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 05 ;
656 THENCE RUN N. 89°59 ' 22 "E . , ALONG THE NORTH LINE OF SAID
657 NORTHWEST QUARTER, FOR A DISTANCE OF 700 . 61 FEET TO THE POINT
658 OF BEGINNING.
659 AND AREA 3 :
660 COMMENCE AT THE AFOREMENTIONED POINT "A" , THENCE RUN
661 S . 00°35 ' 45"E . , ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER
662 OF SECTION 03 , FOR A DISTANCE OF 208 . 73 FEET TO A POINT ON THE
663 SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 200 FOOT
664 RIGHT OF WAY) , THE SAME BEING THE POINT OF BEGINNING OF THE
665 PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE
666 S . 00°35 ' 45"E . , ALONG SAID EAST LINE, FOR A DISTANCE OF 887 . 38
667 FEET TO THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID
668 SECTION 10 ; THENCE RUN S . 00°28 ' 02"E . , ALONG THE EAST LINE OF
669 SAID NORTHEAST QUARTER, FOR A DISTANCE OF 2 , 699 . 34 FEET TO THE
670 NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 10 ;
671 THENCE RUN S . 00°28 ' 13 "E. , ALONG THE EAST LINE OF SAID
672 SOUTHEAST QUARTER, FOR A DISTANCE OF 2 , 699 . 02 FEET TO THE
673 NORTHEAST CORNER OF SAID SECTION 15 ; THENCE RUN S . 00°08 ' 16"E . ,
674 ALONG THE EAST LINE OF SAID SECTION 15 , FOR A DISTANCE OF
675 4 , 277 . 12 FEET; THENCE RUN S . 89°41 ' 04 "W. , FOR A DISTANCE OF
676 1, 890 . 02 FEET; THENCE RUN N. 00°08 ' 15"W. , FOR A DISTANCE OF
677 4 , 276 . 95 FEET TO THE NORTH LINE OF SAID NORTHEAST QUARTER OF
678 SECTION 15 ; THENCE RUN N. 55°11 ' 37"W. , FOR A DISTANCE OF
679 4 , 023 . 70 FEET; THENCE RUN N. 00°08 ' 20"W. , FOR A DISTANCE OF
680 707 . 83 FEET; THENCE RUN S . 79°20 ' 37"W. , FOR A DISTANCE OF
681 1, 604 . 70 FEET; THENCE RUN N. 41°31 ' 31"W. , FOR A DISTANCE OF
682 1, 675 . 17 FEET; THENCE RUN N. 75°10 ' 22"W. , FOR A DISTANCE OF
683 213 . 78 FEET; THENCE RUN S . 14 °49 ' 38 "W. , FOR A DISTANCE OF
684 726 . 00 FEET; THENCE RUN N. 75°10 ' 22 "W. , FOR A DISTANCE OF
685 758 . 28 FEET; THENCE RUN N. 55°37 ' 02"W. , FOR A DISTANCE OF
686 989 . 88 FEET; THENCE RUN N. 31°34 ' 44 "W. , FOR A DISTANCE OF 86 . 46
687 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF CORKSCREW ROAD (A
688 100 FOOT RIGHT OF WAY) ; THENCE RUN N. 58°00 ' 12"E . , ALONG SAID
689 SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 2 , 531 . 39 FEET
690 TO THE BEGINNING OF A TANGENTIAL CURVE TO THE LEFT, THENCE RUN
691 NORTHEASTERLY, ALONG SAID SOUTHERLY RIGHT OF WAY LINE AND
692 ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF
693 1 , 959 . 86 FEET, THROUGH A CENTRAL ANGLE OF 37°08 ' 16" , SUBTENDED
694 BY A CHORD DISTANCE OF 1, 248 . 21 FEET, AT A BEARING OF
695 N. 39°26 ' 04 "E . , FOR A DISTANCE OF 1 , 270 . 34 FEET TO THE END OF
696 SAID CURVE; THENCE RUN N. 20°51 ' 56"E . , ALONG SAID SOUTHERLY
697 RIGHT OF WAY LINE, FOR A DISTANCE OF 1, 760 . 94 FEET TO SAID
698 SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 200 FOOT
699 RIGHT OF WAY) ; THENCE RUN S . 73°57 ' 58"E . , ALONG SAID SOUTHERLY
700 RIGHT OF WAY LINE, FOR A DISTANCE OF 2 , 115 . 13 FEET TO A POINT
701 HEREINAFTER REFERRED TO AS POINT "D" ; THENCE CONTINUE
702 S . 73°57 ' 58"E . , ALONG SAID SOUTHERLY RIGHT OF WAY LINE, FOR A
703 DISTANCE OF 4 , 388 . 36 FEET TO THE POINT OF BEGINNING.
704 LESS AND EXCEPT:
705 COMMENCE AT THE AFOREMENTIONED POINT "D" , THENCE RUN
706 S . 16°02 ' 02"W. , FOR A DISTANCE OF 11 . 88 FEET TO THE POINT OF
707 BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
708 S . 31°00 ' 02"W. , FOR A DISTANCE OF 266 . 13 FEET; THENCE RUN
709 S . 58°59 ' 58"E . , FOR A DISTANCE OF 15 . 00 FEET; THENCE RUN
710 S . 31°00 ' 02"W. , FOR A DISTANCE OF 30 . 00 FEET; THENCE RUN
Ill N. 58°59 ' 58 "W. , FOR A DISTANCE OF 15 . 00 FEET; THENCE RUN
712 5 . 31°00 ' 02 "W. , FOR A DISTANCE OF 52 . 82 FEET; THENCE RUN
713 N. 73°57 ' 58"W. , FOR A DISTANCE OF 134 . 39 FEET; THENCE RUN
714 N. 00°35 ' 44"W. , FOR A DISTANCE OF 327 . 71 FEET THENCE RUN
715 S . 79°16 ' 41"E . , FOR A DISTANCE OF 74 . 78 FEET; THENCE RUN
716 S . 80°31 ' 35"E . , FOR A DISTANCE OF 61 . 84 FEET; THENCE RUN
717 S . 76°49 ' 43"E . , FOR A DISTANCE OF 182 . 63 FEET TO THE POINT OF
718 BEGINNING.
719 CONTAINING A TOTAL AREA OF 4 , 662 . 710 ACRES, MORE OR LESS .
720 BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE NORTHEAST
721 QUARTER OF SECTION 03 , TOWNSHIP 46 SOUTH, RANGE 28 EAST,
722 COLLIER COUNTY, FLORIDA, HAVING A BEARING OF S . 89°29 ' 58 "E .
723 SOUTH 89° 23 ' 32 .
724 Being subject to any rights-of-way, restrictions and easements
725 of record.
726 Section 5 . Board of supervisors ; members and meetings ;
727 organization; powers ; duties ; terms of office; related
728 election requirements .—
729 (1) The board of the district shall exercise the
730 powers granted to the district pursuant to this act . The board
731 shall consist of five members, each of whom shall hold office
732 for a term of 4 years , as provided in this section, except as
733 otherwise provided herein for initial board members , and until
734 a successor is chosen and qualified. The members of the board
735 must be residents of the state and citizens of the United
736 States .
737 (2) (a) Within 90 days after the effective date of this
738 act, there shall be held a meeting of the landowners of the
739 district for the purpose of electing five supervisors for the
740 district . Notice of the landowners ' meeting shall be published
741 once a week for 2 consecutive weeks in a newspaper that is in
742 general circulation in the area of the district, the last day
743 of such publication to be not fewer than 14 days or more than
744 28 days before the date of the election. The landowners, when
745 assembled at such meeting, shall organize by electing a chair,
746 who shall conduct the meeting. The chair may be any person
747 present at the meeting . If the chair is a landowner or proxy
748 holder of a landowner, he or she may nominate candidates and
749 make and second motions . The landowners present at the
750 meeting, in person or by proxy, shall constitute a quorum. At
751 any landowners ' meeting, 50 percent of the district acreage
752 shall not be required to constitute a quorum, and each
753 governing board member elected by landowners shall be elected
754 by a majority of the acreage represented either by owner or
755 proxy present and voting at said meeting .
756 (b) At such meeting, each landowner shall be entitled
757 to cast one vote per acre of land owned by him or her and
758 located within the district for each person to be elected. A
759 landowner may vote in person or by proxy in writing. Each
760 proxy must be signed by one of the legal owners of the
761 property for which the vote is cast and must contain the typed
762 or printed name of the individual who signed the proxy; the
763 street address, legal description of the property, or tax
764 parcel identification number; and the number of authorized
765 votes . If the proxy authorizes more than one vote, each
766 property must be listed and the number of acres of each
767 property must be included. The signature on a proxy need not
768 be notarized. A fraction of an acre shall be treated as 1
769 acre, entitling the landowner to one vote with respect
770 thereto . The three candidates receiving the highest number of
771 votes shall each be elected for terms expiring November 28 ,
772 2028 , and the two candidates receiving the next highest number
773 of votes shall each be elected for terms expiring November 24 ,
774 2026 with the term of office for each successful candidate
775 commencing upon election. The members of the first board
776 elected by landowners shall serve their respective terms ;
777 however, the next election of board members shall be held on
778 the first Tuesday after the first Monday in November 2026 .
779 Thereafter, there shall be an election by landowners for the
780 district every 2 years on the first Tuesday after the first
781 Monday in November, which shall be noticed pursuant to
782 paragraph (a) . The second and subsequent landowners ' election
783 shall be announced at a public meeting of the board at least
784 90 days before the date of the landowners ' meeting and shall
785 also be noticed pursuant to paragraph (a) . Instructions on how
786 all landowners may participate in the election, along with
787 sample proxies , shall be provided during the board meeting
788 that announces the landowners ' meeting. Each supervisor
789 elected in or after November 2026 shall serve a 4 -year term.
790 (3 ) (a) l . The board may not exercise the ad valorem
791 taxing power authorized by this act until such time as all
792 members of the board are qualified electors who are elected by
793 qualified electors of the district .
794 2 . a. Regardless of whether the district has proposed
795 to levy ad valorem taxes , board members shall begin being
796 elected by qualified electors of the district as the district
797 becomes populated with qualified electors . The transition
798 shall occur such that the composition of the board, after the
799 first general election following a trigger of the qualified
800 elector population thresholds set forth below, shall be as
801 follows :
802 (I) Once 3 , 600 qualified electors reside within the
803 district, one governing board member shall be a person who is
804 a qualified elector of the district and who was elected by the
805 qualified electors , and four governing board members shall be
806 persons who were elected by the landowners .
807 (II) Once 6 , 600 qualified electors reside within the
808 district, two governing board members shall be persons who are
809 qualified electors of the district and who were elected by the
810 qualified electors, and three governing board members shall be
811 persons elected who were by the landowners .
812 (III) Once 9 , 600 qualified electors reside within the
813 district, three governing board members shall be persons who
814 are qualified electors of the district and who were elected by
815 the qualified electors and two governing board members shall
816 be persons who were elected by the landowners .
817 (IV) Once 10 , 600 qualified electors reside within the
818 district, four governing board members shall be persons who
819 are qualified electors of the district and who were elected by
820 the qualified electors , and one governing board member shall
821 be a person who was elected by the landowners .
822 (V) Once 12 , 000 qualified electors reside within the
823 district, all five governing board members shall be persons
824 who are qualified electors of the district and who were
825 elected by the qualified electors .
826 Nothing in this sub-subparagraph is intended to require an
827 election prior to the expiration of an existing board member' s
828 term.
829 b. On or before June 1 of each election year, the
830 board shall determine the number of qualified electors in the
831 district as of the immediately preceding April 15 . The board
832 shall use and rely upon the official records maintained by the
833 supervisor of elections and property appraiser or tax
834 collector in Collier County in making this determination. Such
835 determination shall be made at a properly noticed meeting of
836 the board and shall become a part of the official minutes of
837 the district .
838 c . All governing board members elected by qualified
839 electors shall be elected at large at an election occurring as
840 provided in subsection (2) and this subsection.
841 d. All governing board members elected by qualified
842 electors shall reside in the district .
843 e . Once the district qualifies to have any of its
844 board members elected by the qualified electors of the
845 district, the initial and all subsequent elections by the
846 qualified electors of the district shall be held at the
847 general election in November. The board shall adopt a
848 resolution, if necessary, to implement this requirement . The
849 transition process described herein is intended to be in lieu
850 of the process set forth in s . 189 . 041 , Florida Statutes .
851 (b) Elections of board members by qualified electors
852 held pursuant to this subsection shall be nonpartisan and
853 shall be conducted in the manner prescribed by law for holding
854 general elections . Board members shall assume the office on
855 the second Tuesday following their election.
856 (c) Candidates seeking election to office by qualified
857 electors under this subsection shall conduct their campaigns
858 in accordance with chapter 106 , Florida Statutes , and shall
859 file qualifying papers and qualify for individual seats in
860 accordance with s . 99 . 061 , Florida Statutes .
861 (d) The supervisor of elections shall appoint the
862 inspectors and clerks of elections , prepare and furnish the
863 ballots, designate polling places , and canvass the returns of
864 the election of board members by qualified electors . The
865 county canvassing board shall declare and certify the results
866 of the election.
867 (4) Members of the board, regardless of how elected,
868 shall be public officers , shall be known as supervisors, and,
869 upon entering into office, shall take and subscribe to the
870 oath of office as prescribed by s . 876 . 05 , Florida Statutes .
871 Members of the board shall be subject to ethics and conflict
872 of interest laws of the state that apply to all local public
873 officers . They shall hold office for the terms for which they
874 were elected or appointed and until their successors are
875 chosen and qualified. If , during the term of office, a vacancy
876 occurs , the remaining members of the board shall fill each
877 vacancy by an appointment for the remainder of the unexpired
878 term.
879 (5) Any elected member of the board of supervisors may
880 be removed by the Governor for malfeasance, misfeasance,
881 dishonesty, incompetency, or failure to perform the duties
882 imposed upon him or her by this act, and any vacancies that
883 may occur in such office for such reasons shall be filled by
884 the Governor as soon as practicable .
885 (6) A majority of the members of the board constitutes
886 a quorum for the purposes of conducting its business and
887 exercising its powers and for all other purposes . Action taken
888 by the district shall be upon a vote of a majority of the
889 members present unless general law or a rule of the district
890 requires a greater number.
891 (7) As soon as practicable after each election or
892 appointment, the board shall organize by electing one of its
893 members as chair and by electing a secretary, who need not be
894 a member of the board, and such other officers as the board
895 may deem necessary.
896 (8) The board shall keep a permanent record book
897 entitled "Record of Proceedings of Corkscrew Grove Stewardship
898 District, " in which shall be recorded minutes of all meetings ,
899 resolutions , proceedings , certificates, bonds given by all
900 employees , and any and all corporate acts . The record book and
901 all other district records shall at reasonable times be opened
902 to inspection in the same manner as state, county, and
903 municipal records pursuant to chapter 119 , Florida Statutes .
904 The record book shall be kept at the office or other regular
905 place of business maintained by the board in a designated
906 location in Collier County.
907 (9) No supervisor shall be entitled to receive
908 compensation for his or her services in excess of the limits
909 established in s . 190 . 006 (8 ) , Florida Statutes, or any
910 successor statute thereto; however, each supervisor shall
911 receive travel and per diem expenses as set forth in s .
912 112 . 061, Florida Statutes .
913 (10) All meetings of the board shall be open to the
914 public and governed by chapter 286 , Florida Statutes .
915 Section 6 . Board of supervisors ; general duties .-
916 (1) DISTRICT MANAGER AND EMPLOYEES .—The board shall
917 employ and fix the compensation of a district manager, who
918 shall have charge and supervision of the works of the district
919 and shall be responsible for preserving and maintaining any
920 improvement or facility constructed or erected pursuant of
921 this act, for maintaining and operating the equipment owned by
922 the district, and for performing such other duties as may be
923 prescribed by the board. It shall not be a conflict of
924 interest or constitute an abuse of public position under
925 chapter 112 , Florida Statutes, for a board member, the
926 district manager, or another employee of the district to be a
927 stockholder, officer, or employee of a landowner or an
928 affiliate of a landowner. The district manager may hire or
929 otherwise employ and terminate the employment of such other
930 persons , including, without limitation, professional,
931 supervisory, and clerical employees , as may be necessary and
932 authorized by the board. The compensation and other conditions
933 of employment of the officers and employees of the district
934 shall be as provided by the board.
935 (2) TREASURER.—The board shall designate a person who
936 is a resident of the state as treasurer of the district, who
937 shall have charge of the funds of the district . Such funds
938 shall be disbursed only upon the order of or pursuant to a
939 resolution of the board by warrant or check countersigned by
940 the treasurer and by such other person as may be authorized by
941 the board. The board may give the treasurer such other or
942 additional powers and duties as the board may deem appropriate
943 and may fix his or her compensation. The board may require the
944 treasurer to give a bond in such amount, on such terms , and
945 with such sureties as may be deemed satisfactory to the board
946 to secure the performance by the treasurer of his or her
947 powers and duties . The financial records of the board shall be
948 audited by an independent certified public accountant in
949 accordance with the requirements of general law.
950 (3) PUBLIC DEPOSITORY.—The board is authorized to
951 select as a depository for its funds any qualified public
952 depository as defined in s . 280 . 02 , Florida Statutes, which
953 meets all the requirements of chapter 280 , Florida Statutes,
954 and has been designated by the treasurer as a qualified public
955 depository upon such terms and conditions as to the payment of
956 interest by such depository upon the funds so deposited as the
957 board may deem just and reasonable .
958 (4) BUDGET; REPORTS AND REVIEWS .-
959 (a) The district shall provide financial reports in
960 such form and such manner as prescribed pursuant to this act
961 and chapter 218 , Florida Statutes , as amended from time to
962 time .
963 (b) On or before July 15 of each year, the district
964 manager shall prepare a proposed budget for the ensuing fiscal
965 year to be submitted to the board for board approval . The
966 proposed budget shall include at the direction of the board an
967 estimate of all necessary expenditures of the district for the
968 ensuing fiscal year and an estimate of income to the district
969 from the taxes and assessments provided in this act . The board
970 shall consider the proposed budget item by item and may either
971 approve the budget as proposed by the district manager or
972 modify the same in part or in whole . The board shall indicate
973 its approval of the budget by resolution, which resolution
974 shall provide for a hearing on the budget as approved. Notice
975 of the hearing on the budget shall be published in a newspaper
976 of general circulation in the area of the district once a week
977 for 2 consecutive weeks , except that the first publication
978 shall be no less than 15 days prior to the date of the
979 hearing. The notice shall further contain a designation of the
980 day, time, and place of the public hearing. At the time and
981 place designated in the notice, the board shall hear all
982 objections to the budget as proposed and may make such changes
983 as the board deems necessary. At the conclusion of the budget
984 hearing, the board shall, by resolution, adopt the budget as
985 finally approved by the board. The budget shall be adopted
986 prior to October 1 of each year.
987 (c) At least 60 days prior to adoption, the board of
988 supervisors of the district shall submit to the Board of
989 County Commissioners of Collier County, for purposes of
990 disclosure and information only, the proposed annual budget
991 for the ensuing fiscal year, and the commission may submit
992 written comments to the board of supervisors solely for the
993 assistance and information of the board of supervisors of the
994 district in adopting its annual district budget .
995 (d) The board of supervisors of the district shall
996 submit annually a public facilities report to the Board of
997 County Commissioners of Collier County pursuant to Florida
998 Statutes . The commission may use and rely on the district ' s
999 public facilities report in the preparation or revision of the
1000 Collier County comprehensive plan.
1001 (5) DISCLOSURE OF PUBLIC INFORMATION; WEB-BASED PUBLIC
1002 ACCESS .—The district shall take affirmative steps to provide
1003 for the full disclosure of information relating to the public
1004 financing and maintenance of improvements to real property
1005 undertaken by the district . Such information shall be made
1006 available to all existing residents and all prospective
1007 residents of the district . The district shall furnish each
1008 developer of a residential development within the district
1009 with sufficient copies of that information to provide each
I010 prospective initial purchaser of property in that development
1011 with a copy; and any developer of a residential development
1012 within the district, when required by law to provide a public
1013 offering statement, shall include a copy of such information
1014 relating to the public financing and maintenance of
1015 improvements in the public offering statement . The district
1016 shall file the disclosure documents required by this
1017 subsection and any amendments thereto in the property records
1018 of each county in which the district is located. By the end of
1019 the first full fiscal year of the district ' s creation, the
1020 district shall maintain an official Internet website in
1021 accordance with s . 189 . 069 , Florida Statutes .
1022 (6) GENERAL POWERS .—The district shall have, and the
1023 board may exercise, the following general powers :
1024 (a) To sue and be sued in the name of the district; to
1025 adopt and use a seal and authorize the use of a facsimile
1026 thereof ; to acquire, by purchase, gift, devise, or otherwise,
1027 and to dispose of , real and personal property, or any estate
1028 therein; and to make and execute contracts and other
1029 instruments necessary or convenient to the exercise of its
1030 powers .
1031 (b) To apply for coverage of its employees under the
1032 Florida Retirement System in the same manner as if such
1033 employees were state employees .
1034 (c) To contract for the services of consultants to
1035 perform planning, engineering, legal, or other appropriate
1036 services of a professional nature . Such contracts shall be
1037 subject to public bidding or competitive negotiation
1038 requirements as set forth in general law applicable to
1039 independent special districts .
1040 (d) To borrow money and accept gifts ; to apply for and
1041 use grants or loans of money or other property from the United
1042 States , the state, a unit of local government, or any person
1043 for any district purposes and enter into agreements required
1044 in connection therewith; and to hold, use, and dispose of such
1045 moneys or property for any district purposes in accordance
1046 with the terms of the gift, grant, loan, or agreement relating
1047 thereto .
1048 (e) To adopt and enforce rules and orders pursuant to
1049 chapter 120 , Florida Statutes, prescribing the powers, duties ,
1050 and functions of the officers of the district ; the conduct of
1051 the business of the district ; the maintenance of records ; and
1052 the form of certificates evidencing tax liens and all other
1053 documents and records of the district . The board may also
1054 adopt and enforce administrative rules with respect to any of
1055 the projects of the district and define the area to be
1056 included therein. The board may also adopt resolutions which
1057 may be necessary for the conduct of district business .
1058 (f) To maintain an office at such place or places as
1059 the board of supervisors designates in Collier County and
1060 within the district when facilities are available .
1061 (g) To hold, control , and acquire by donation,
1062 purchase, or condemnation, or dispose of , any public
1063 easements, dedications to public use, platted reservations for
1064 public purposes, or any reservations for those purposes
1065 authorized by this act and to make use of such easements,
1066 dedications, or reservations for the purposes authorized by
1067 this act .
I068 (h) To lease as lessor or lessee to or from any
1069 person, firm, corporation, association, or body, public or
1070 private, any projects of the type that the district is
1071 authorized to undertake and facilities or property of any
1072 nature for the use of the district to carry out the purposes
1073 authorized by this act .
1074 (i) To borrow money and issue bonds, certificates,
1075 warrants, notes , or other evidence of indebtedness as provided
1076 herein; to levy such taxes and assessments as may be
1077 authorized; and to charge, collect, and enforce fees and other
1078 user charges .
1079 (j ) To raise, by user charges or fees authorized by
1080 resolution of the board, amounts of money which are necessary
1081 for the conduct of district activities and services and to
1082 enforce their receipt and collection in the manner prescribed
1083 by resolution not inconsistent with law.
1084 (k) To exercise all powers of eminent domain now or
1085 hereafter conferred on counties in this state provided,
1086 however, that such power of eminent domain may not be
1087 exercised outside the territorial limits of the district
1088 unless the district receives prior approval by vote of a
1089 resolution of the governing body of the county if the taking
1090 will occur in an unincorporated area in that county, or the
1091 governing body of the city if the taking will occur in an
1092 incorporated area . The district shall not have the power to
1093 exercise eminent domain over municipal , county, state, or
1094 federal property. The powers hereinabove granted to the
1095 district shall be so construed to enable the district to
1096 fulfill the objects and purposes of the district as set forth
1097 in this act .
1098 (1) To cooperate with, or contract with, other
1099 governmental agencies as may be necessary, convenient,
1100 incidental, or proper in connection with any of the powers,
1101 duties , or purposes authorized by this act .
1102 (m) To assess and to impose upon lands in the district
1103 ad valorem taxes as provided by this act .
1104 (n) If and when authorized by general law, to
1105 determine, order, levy, impose, collect, and enforce
1106 maintenance taxes .
1107 (o) To determine, order, levy, impose, collect, and
1108 enforce assessments pursuant to this act and chapter 170 ,
1109 Florida Statutes , as amended from time to time, pursuant to
1110 authority granted in s . 197 . 3631, Florida Statutes, or
1111 pursuant to other provisions of general law now or hereinafter
1112 enacted which provide or authorize a supplemental means to
1113 order, levy, impose, or collect special assessments . Such
I114 special assessments, in the discretion of the district, may be
1115 collected and enforced pursuant to ss . 197 . 3632 and 197 . 3635 ,
1116 Florida Statutes , and chapters 170 and 173 , Florida Statutes,
1117 as they may be amended from time to time, or as provided by
1118 this act, or by other means authorized by general law now or
I119 hereinafter enacted. The district may levy such special
1120 assessments for the purposes enumerated in this act and to pay
1121 special assessments imposed by Collier County on lands within
1122 the district .
1123 (p) To exercise such special powers and other express
1124 powers as may be authorized and granted by this act in the
1125 charter of the district, including powers as provided in any
1126 interlocal agreement entered into pursuant to chapter 163 ,
1127 Florida Statutes , or which shall be required or permitted to
1128 be undertaken by the district pursuant to any development
1129 order, including any detailed specific area plan development
1130 order, or any interlocal service agreement with Collier County
1131 or other unit of government for fair-share capital
1132 construction funding for any certain capital facilities or
1133 systems required of a developer pursuant to any applicable
1134 development order or agreement .
1135 (q) To exercise all of the powers necessary,
1136 convenient, incidental, or proper in connection with any other
1137 powers or duties or the special and limited purpose of the
1138 district authorized by this act .
1139
1140 This subsection shall be construed liberally in order to carry
1141 out effectively the special and limited purpose of this act .
1142 (7) SPECIAL POWERS .—The district shall have, and the
1143 board may exercise, the following special powers to implement
1144 its lawful and special purpose and to provide, pursuant to
1145 that purpose, systems, facilities , services , improvements ,
1146 projects, works , and infrastructure, each of which constitutes
1147 a lawful public purpose when exercised pursuant to this
1148 charter, subject to, and not inconsistent with, general law
1149 regarding utility providers ' territorial and service
1150 agreements, the regulatory jurisdiction and permitting
1151 authority of all other applicable governmental bodies,
1152 agencies, and any special districts having authority with
1153 respect to any area included therein, and to plan, establish,
I154 acquire, construct or reconstruct, enlarge or extend, equip,
1155 operate, finance, fund, and maintain improvements , systems,
1156 facilities, services , works, projects, and infrastructure . If
1157 the district' s special powers in Section (7) (b) and the
1158 Immokalee Water and Sewer District' s powers will cause
1159 unnecessary duplication of services and facilities , the
1160 district and the Immokalee Water and Sewer District shall
1161 enter into an interlocal agreement to avoid inefficiencies and
1162 jointly exercise their common powers and authority. Nothing
1163 herein shall preempt the powers and authority of the Immokalee
1164 Water and Sewer District . Any or all of the following special
1165 powers are granted by this act in order to implement the
1166 special and limited purpose of the district but do not
1167 constitute obligations to undertake such improvements ,
1168 systems , facilities , services , works , projects or
1 169 infrastructure :
1170 (a) To provide water management and control for the
1171 lands within the district, including irrigation systems and
1172 facilities , and to connect some or any of such facilities with
1173 roads and bridges . In the event that the board assumes the
1174 responsibility for providing water management and control for
1175 the district which is to be financed by benefit special
1176 assessments, the board shall adopt plans and assessments
1177 pursuant to law or may proceed to adopt water management and
1178 control plans , assess for benefits, and apportion and levy
1179 special assessments, as follows :
1180 1 . The board shall cause to be made by the district ' s
1181 engineer, or such other engineer or engineers as the board may
1182 employ for that purpose, complete and comprehensive water
1183 management and control plans for the lands located within the
1184 district that will be improved in any part or in whole by any
1185 system of facilities that may be outlined and adopted, and the
1186 engineer shall make a report in writing to the board with maps
1187 and profiles of said surveys and an estimate of the cost of
1188 carrying out and completing the plans .
1189 2 . Upon the completion of such plans, the board shall
1190 hold a hearing thereon to hear objections thereto, shall give
1191 notice of the time and place fixed for such hearing by
1192 publication once each week for 2 consecutive weeks in a
1193 newspaper of general circulation in the general area of the
1194 district, and shall permit the inspection of the plan at the
1195 office of the district by all persons interested. All
1196 objections to the plan shall be filed at or before the time
1197 fixed in the notice for the hearing and shall be in writing.
1198 3 . After the hearing, the board shall consider the
1199 proposed plan and any objections thereto and may modify,
1200 reject, or adopt the plan or continue the hearing until a day
1201 certain for further consideration of the proposed plan or
1202 modifications thereof .
1203 4 . When the board approves a plan, a resolution shall
1204 be adopted and a certified copy thereof shall be filed in the
1205 office of the secretary and incorporated by him or her into
1206 the records of the district .
1207 5 . The water management and control plan may be
1208 altered in detail from time to time until the engineer ' s
1209 report pursuant to s . 298 . 301, Florida Statutes , is filed but
1210 not in such manner as to affect materially the conditions of
1211 its adoption. After the engineer ' s report has been filed, no
1212 alteration of the plan shall be made, except as provided by
1213 this act .
1214 6 . Within 20 days after the final adoption of the plan
1215 by the board, the board shall proceed pursuant to s . 298 . 301,
1216 Florida Statutes .
1217 (b) To provide, subject to the Immokalee Water and
1218 Sewer District' s utility systems , water supply, sewer,
1219 wastewater, and reclaimed water management, reclamation, and
1220 reuse, or any combination thereof , and any irrigation systems,
1221 facilities , and services and to construct and operate water
1222 systems, sewer systems , irrigation systems , and reclaimed
1223 water systems such as connecting intercepting or outlet sewers
1224 and sewer mains and pipes and water mains, conduits , or
1225 pipelines in, along, and under any street, alley, highway, or
1226 other public place or ways, and to dispose of any water,
1227 effluent, residue, or other byproducts of such water system,
1228 sewer system, irrigation system or reclaimed water system and
1229 to enter into interlocal agreements and other agreements with
1230 public or private entities for the same . Nothing herein shall
1231 permit the district to adversely impact the Immokalee Water
1232 and Sewer District' s bond resolutions or covenants . The
1233 Immokalee Water and Sewer District and the district will work
I234 in good faith to address any such adverse impacts through an
1235 interlocal agreement or other means .
1236 (c) To provide bridges, culverts , wildlife corridors,
1237 or road crossings that may be needed across any drain, ditch,
1238 canal, floodway, holding basin, excavation, public highway,
1239 tract, grade, fill, or cut and roadways over levees and
1240 embankments, and to construct any and all of such works and
1241 improvements across , through, or over any public right-of-way,
1242 highway, grade, fill , or cut .
1243 (d) To provide district or other roads equal to or
1244 exceeding the specifications of the county in which such
1245 district or other roads are located, and to provide street
1246 lights . This special power includes , but is not limited to,
1247 roads , parkways , intersections, bridges , landscaping,
1248 hardscaping, irrigation, bicycle lanes, sidewalks, jogging
1249 paths, multiuse pathways and trails , street lighting, traffic
1250 signals, regulatory or informational signage, road striping,
1251 underground conduit, underground cable or fiber or wire
1252 installed pursuant to an agreement with or tariff of a retail
1253 provider of services, and all other customary elements of a
1254 functioning modern road system in general or as tied to the
1255 conditions of development approval for the area within and
1256 without the district, and parking facilities that are
1257 freestanding or that may be related to any innovative
1258 strategic intermodal system of transportation pursuant to
1259 applicable federal , state, and local law and ordinance .
1260 (e) To provide buses, trolleys, rail access , mass
1261 transit facilities , transit shelters , ridesharing facilities
1262 and services, parking improvements , and related signage .
1263 (f) To provide investigation and remediation costs
1264 associated with the cleanup of actual or perceived
1265 environmental contamination within the district under the
1266 supervision or direction of a competent governmental authority
1267 unless the covered costs benefit any person who is a landowner
1268 within the district and who caused or contributed to the
1269 contamination.
1270 (g) To provide observation areas , mitigation areas,
1271 wetland creation areas , and wildlife habitat, including the
1272 maintenance of any plant or animal species, and any related
1273 interest in real or personal property.
1274 (h) Using its general and special powers as set forth
1275 in this act, to provide any other project within or without
1276 the boundaries of the district when the project is the subject
1277 of an agreement between the district and the Board of County
1278 Commissioners of Collier County or with any other applicable
1279 public or private entity, and is not inconsistent with the
1280 effective local comprehensive plans .
1281 (i) To provide parks and facilities for indoor and
1282 outdoor recreational, cultural, and educational uses .
1283 (j ) To provide school buildings and related
1284 structures , which may be leased, sold, or donated to the
1285 school district, for use in the educational system when
1286 authorized by the district school board.
1287 (k) To provide security, including electronic
1288 intrusion-detection systems and patrol vehicles , when
1289 authorized by proper governmental agencies, and to contract
1290 with the appropriate local general-purpose government agencies
1291 for an increased level of such services within the district
1292 boundaries . However, this paragraph does not prohibit the
1293 district from contracting with a towing operator to remove a
1294 vehicle or vessel from a district-owned facility or property
1295 if the district follows the authorization and notice and
1296 procedural requirements in s . 715 . 07 , Florida Statutes , for an
1297 owner or lessee of private property. The district' s selection
1298 of a towing operator is not subject to public bidding if the
1299 towing operator is included in an approved list of tow
1300 operators maintained by the local government that has
1301 jurisdiction over the district' s facility or property.
1302 (1) To provide control and elimination of mosquitoes
1303 and other arthropods of public health importance .
1304 (m) To enter into impact fee, mobility fee, or other
1305 similar credit agreements with Collier County or other
1306 governmental bodies or a landowner developer and to sell or
1307 assign such credits , on such terms as the district deems
1308 appropriate .
1309 (n) To provide buildings and structures for district
1310 offices, maintenance facilities , meeting facilities, town
1311 centers , stadiums or any other project authorized or granted
1312 by this act .
1313 (o) To establish and create, at noticed meetings , such
1314 departments of the board of supervisors of the district, as
1315 well as committees, task forces , boards, or commissions , or
1316 other agencies under the supervision and control of the
1317 district, as from time to time the members of the board may
1318 deem necessary or desirable in the performance of the acts or
1319 other things necessary to exercise the board' s general or
1320 special powers to implement an innovative project to carry out
1321 the special and limited purpose of the district as provided in
1322 this act and to delegate the exercise of its powers to such
1323 departments , boards , task forces , committees, or other
1324 agencies, and such administrative duties and other powers as
1325 the board may deem necessary or desirable, but only if there
1326 is a set of expressed limitations for accountability, notice,
1327 and periodic written reporting to the board that shall retain
1328 the powers of the board.
1329 (p) To provide electrical , sustainable, or green
1330 infrastructure improvements , facilities , and services ,
1331 including, but not limited to, recycling of natural resources,
1332 reduction of energy demands , development and generation of
1333 alternative or renewable energy sources and technologies,
1334 mitigation of urban heat islands, sequestration, capping or
1335 trading of carbon emissions or carbon emissions credits, LEED
1336 or Florida Green Building Coalition certification, and
1337 development of facilities and improvements for low-impact
1338 development and to enter into joint ventures, public-private
1339 partnerships , and other agreements and to grant such easements
1340 as may be necessary to accomplish the foregoing. Nothing
1341 herein shall authorize the district to provide electric
1342 service to retail customers or otherwise act to impair
1343 electric utility franchise agreements .
1344 (q) To provide for any facilities or improvements that
1345 may otherwise be provided for by any county or municipality,
1346 including, but not limited to, libraries , annexes,
1347 substations, and other buildings to house public officials ,
1348 staff , and employees .
1349 (r) To provide waste collection and disposal .
1350 (s) To provide for the construction and operation of
1351 communications systems and related infrastructure for the
1352 carriage and distribution of communications services, and to
1353 enter into joint ventures , public-private partnerships, and
1354 other agreements and to grant such easements as may be
1355 necessary to accomplish the foregoing. The term
1356 "communications systems" means all facilities , buildings,
1357 equipment, items , and methods necessary or desirable in order
1358 to provide communications services, including, without
1359 limitation, wires, cables, conduits, wireless cell sites ,
1360 computers , modems , satellite antennae sites , transmission
1361 facilities, network facilities, and appurtenant devices
1362 necessary and appropriate to support the provision of
1363 communications services . The term "communications services"
1364 includes, without limitation, Internet, voice telephone or
1365 similar services provided by voiceover Internet protocol,
1366 cable television, data transmission services , electronic
1367 security monitoring services, and multichannel video
1368 programming distribution services . Nothing herein shall
1369 authorize the district to provide communications services to
1370 retail customers or otherwise act to impair existing service
1371 provider franchise agreements , though the district may
1372 contract with such providers for resale purposes .
1373 (t) To provide health care facilities and to enter
1374 into public-private partnerships and agreements as may be
1375 necessary to accomplish the foregoing .
1376 (u) To coordinate, work with, and, as the board deems
1377 appropriate, enter into interlocal agreements with any public
1378 or private entity for the provision of an institution or
1379 institutions of higher education.
1380 (v) To coordinate, work with, and as the board deems
1381 appropriate, enter into public-private partnerships and
1382 agreements as may be necessary or useful to effectuate the
1383 purposes of this act .
1384 The enumeration of special powers herein shall not be deemed
1385 exclusive or restrictive but shall be deemed to incorporate
1386 all powers express or implied necessary or incidental to
1387 carrying out such enumerated special powers , including also
1388 the general powers provided by this special act charter to the
1389 district to implement its purposes . Further, this subsection
1390 shall be construed liberally in order to carry out effectively
1391 the special and limited purpose of this district under this
1392 act .
1393 (8 ) ISSUANCE OF BOND ANTICIPATION NOTES .—In addition
1394 to the other powers provided for in this act, and not in
1395 limitation thereof, the district shall have the power, at any
1396 time and from time to time after the issuance of any bonds of
1397 the district shall have been authorized, to borrow money for
1398 the purposes for which such bonds are to be issued in
1399 anticipation of the receipt of the proceeds of the sale of
1400 such bonds and to issue bond anticipation notes in a principal
1401 sum not in excess of the authorized maximum amount of such
1402 bond issue . Such notes shall be in such denomination or
1403 denominations , bear interest at such rate not to exceed the
1404 maximum rate allowed by general law, mature at such time or
1405 times not later than 5 years from the date of issuance, and be
1406 in such form and executed in such manner as the board shall
1407 prescribe . Such notes may be sold at either public or private
1408 sale or, if such notes shall be renewal notes , may be
1409 exchanged for notes then outstanding on such terms as the
1410 board shall determine . Such notes shall be paid from the
1411 proceeds of such bonds when issued. The board may, in its
1412 discretion, in lieu of retiring the notes by means of bonds ,
1413 retire them by means of current revenues or from any taxes or
1414 assessments levied for the payment of such bonds , but, in such
1415 event, a like amount of the bonds authorized shall not be
1416 issued.
1417 (9) BORROWING.—The district at any time may obtain
1418 loans, in such amount and on such terms and conditions as the
1419 board may approve, for the purpose of paying any of the
1420 expenses of the district or any costs incurred or that may be
1421 incurred in connection with any of the projects of the
1422 district, which loans shall bear interest as the board
1423 determines, not to exceed the maximum rate allowed by general
1424 law, and may be payable from and secured by a pledge of such
1425 funds , revenues, taxes, and assessments as the board may
1426 determine, subject, however, to the provisions contained in
1427 any proceeding under which bonds were theretofore issued and
1428 are then outstanding. For the purpose of defraying such costs
1429 and expenses , the district may issue negotiable notes ,
1430 warrants, or other evidences of debt to be payable at such
1431 times and to bear such interest as the board may determine,
1432 not to exceed the maximum rate allowed by general law, and to
1433 be sold or discounted at such price or prices not less than 95
1434 percent of par value and on such terms as the board may deem
1435 advisable . The board shall have the right to provide for the
1436 payment thereof by pledging the whole or any part of the
1437 funds , revenues , taxes, and assessments of the district or by
1438 covenanting to budget and appropriate from such funds . The
1439 approval of the electors residing in the district shall not be
1440 necessary except when required by the State Constitution.
1441 (10) BONDS .—
1442 (a) Sale of bonds .—Bonds may be sold in blocks or
1443 installments at different times , or an entire issue or series
1444 may be sold at one time . Bonds may be sold at public or
1445 private sale after such advertisement, if any, as the board
1446 may deem advisable, but not in any event at less than 90
1447 percent of the par value thereof , together with accrued
1448 interest thereon. Bonds may be sold or exchanged for refunding
1449 bonds . Special assessment and revenue bonds may be delivered
1450 by the district as payment of the purchase price of any
1451 project or part thereof , or a combination of projects or parts
1452 thereof , or as the purchase price or exchange for any
1453 property, real, personal, or mixed, including franchises or
1454 services rendered by any contractor, engineer, or other
1455 person, all at one time or in blocks from time to time, in
1456 such manner and upon such terms as the board in its discretion
1457 shall determine . The price or prices for any bonds sold,
1458 exchanged, or delivered may be :
1459 1 . The money paid for the bonds .
1460 2 . The principal amount, plus accrued interest to the
1461 date of redemption or exchange, or outstanding obligations
1462 exchanged for refunding bonds .
1463 3 . In the case of special assessment or revenue bonds,
1464 the amount of any indebtedness to contractors or other persons
1465 paid with such bonds, or the fair value of any properties
1466 exchanged for the bonds, as determined by the board.
1467 (b) Authorization and form of bonds .—Any general
1468 obligation bonds , special assessment bonds , or revenue bonds
1469 may be authorized by resolution or resolutions of the board
1470 which shall be adopted by a majority of all the members
1471 thereof then in office . Such resolution or resolutions may be
1472 adopted at the same meeting at which they are introduced and
1473 need not be published or posted. The board may, by resolution,
1474 authorize the issuance of bonds and fix the aggregate amount
1475 of bonds to be issued; the purpose or purposes for which the
1476 moneys derived therefrom shall be expended, including, but not
1477 limited to, payment of costs as defined in section 2 (2) (i) ; the
1478 rate or rates of interest, not to exceed the maximum rate
1479 allowed by general law; the denomination of the bonds ; whether
1480 or not the bonds are to be issued in one or more series ; the
1481 date or dates of maturity, which shall not exceed 40 years
1482 from their respective dates of issuance; the medium of
1483 payment; the place or places within or without the state at
1484 which payment shall be made; registration privileges ;
1485 redemption terms and privileges, whether with or without
1486 premium; the manner of execution; the form of the bonds,
1487 including any interest coupons to be attached thereto; the
1488 manner of execution of bonds and coupons ; and any and all
1489 other terms , covenants, and conditions thereof and the
1490 establishment of revenue or other funds . Such authorizing
1491 resolution or resolutions may further provide for the
1492 contracts authorized by s . 159 . 825 (1) (f) and (g) , Florida
1493 Statutes, regardless of the tax treatment of such bonds being
1494 authorized, subject to the finding by the board of a net
1495 saving to the district resulting by reason thereof . Such
1496 authorizing resolution may further provide that such bonds may
1497 be executed in accordance with the Registered Public
1498 Obligations Act, except that bonds not issued in registered
1499 form shall be valid if manually countersigned by an officer
1500 designated by appropriate resolution of the board. The seal of
1501 the district may be affixed, lithographed, engraved, or
1502 otherwise reproduced in facsimile on such bonds . In case any
1503 officer whose signature shall appear on any bonds or coupons
1504 shall cease to be such officer before the delivery of such
1505 bonds , such signature or facsimile shall nevertheless be valid
1506 and sufficient for all purposes the same as if he or she had
1507 remained in office until such delivery.
1508 (c) Interim certificates ; replacement certificates .-
1509 Pending the preparation of definitive bonds, the board may
1510 issue interim certificates or receipts or temporary bonds , in
1511 such form and with such provisions as the board may determine,
1512 exchangeable for definitive bonds when such bonds have been
1513 executed and are available for delivery. The board may also
1514 provide for the replacement of any bonds which become
1515 mutilated, lost, or destroyed.
1516 (d) Negotiability of bonds .—Any bond issued under this
1517 act or any temporary bond, in the absence of an express
1518 recital on the face thereof that it is nonnegotiable, shall be
1519 fully negotiable and shall be and constitute a negotiable
1520 instrument within the meaning and for all purposes of the law
1521 merchant and the laws of the state .
1522 (e) Defeasance .—The board may make such provision with
1523 respect to the defeasance of the right, title, and interest of
1524 the holders of any of the bonds and obligations of the
1525 district in any revenues , funds , or other properties by which
1526 such bonds are secured as the board deems appropriate and,
1527 without limitation on the foregoing, may provide that when
1528 such bonds or obligations become due and payable or shall have
1529 been called for redemption and the whole amount of the
1530 principal and interest and premium, if any, due and payable
1531 upon the bonds or obligations then outstanding shall be held
1532 in trust for such purpose, and provision shall also be made
1533 for paying all other sums payable in connection with such
1534 bonds or other obligations, then and in such event the right,
1535 title, and interest of the holders of the bonds in any
1536 revenues , funds, or other properties by which such bonds are
1537 secured shall thereupon cease, terminate, and become void; and
1538 the board may apply any surplus in any sinking fund
1539 established in connection with such bonds or obligations and
1540 all balances remaining in all other funds or accounts other
1541 than moneys held for the redemption or payment of the bonds or
1542 other obligations to any lawful purpose of the district as the
1543 board shall determine .
1544 (f) Issuance of additional bonds .—If the proceeds of
1545 any bonds are less than the cost of completing the project in
1546 connection with which such bonds were issued, the board may
1547 authorize the issuance of additional bonds, upon such terms
1548 and conditions as the board may provide in the resolution
1549 authorizing the issuance thereof , but only in compliance with
1550 the resolution or other proceedings authorizing the issuance
1551 of the original bonds .
1552 (g) Refunding bonds .—The district shall have the power
1553 to issue bonds to provide for the retirement or refunding of
1554 any bonds or obligations of the district that at the time of
1555 such issuance are or subsequent thereto become due and
1556 payable, or that at the time of issuance have been called or
1557 are, or will be, subject to call for redemption within 10
1558 years thereafter, or the surrender of which can be procured
1559 from the holders thereof at prices satisfactory to the board.
1560 Refunding bonds may be issued at any time that in the judgment
1561 of the board such issuance will be advantageous to the
1562 district . No approval of the qualified electors residing in
1563 the district shall be required for the issuance of refunding
1564 bonds except in cases in which such approval is required by
1565 the State Constitution. The board may by resolution confer
1566 upon the holders of such refunding bonds all rights , powers,
1567 and remedies to which the holders would be entitled if they
1568 continued to be the owners and had possession of the bonds for
1569 the refinancing of which such refunding bonds are issued,
1570 including, but not limited to, the preservation of the lien of
1571 such bonds on the revenues of any project or on pledged funds,
1572 without extinguishment, impairment, or diminution thereof . The
1573 provisions of this act pertaining to bonds of the district
1574 shall, unless the context otherwise requires , govern the
1575 issuance of refunding bonds, the form and other details
1576 thereof, the rights of the holders thereof , and the duties of
1577 the board with respect thereto.
1578 (h) Revenue bonds .—
1579 1 . The district shall have the power to issue revenue
1580 bonds from time to time without limitation as to amount . Such
1581 revenue bonds may be secured by, or payable from, the gross or
1582 net pledge of the revenues to be derived from any project or
1583 combination of projects ; from the rates , fees , or other
1584 charges to be collected from the users of any project or
1585 projects ; from any revenue-producing undertaking or activity
1586 of the district ; from special assessments ; from benefit
1587 special assessments ; or from any other source or pledged
1588 security. Such bonds shall not constitute an indebtedness of
1589 the district, and the approval of the qualified electors shall
1590 not be required unless such bonds are additionally secured by
1591 the full faith and credit and taxing power of the district .
1592 2 . Any two or more projects may be combined and
1593 consolidated into a single project and may hereafter be
1594 operated and maintained as a single project . The revenue bonds
1595 authorized herein may be issued to finance any one or more of
1596 such projects , regardless of whether such projects have been
1597 combined and consolidated into a single project . If the board
1598 deems it advisable, the proceedings authorizing such revenue
1599 bonds may provide that the district may thereafter combine the
1600 projects then being financed or theretofore financed with
1601 other projects to be subsequently financed by the district and
1602 that revenue bonds to be thereafter issued by the district
1603 shall be on parity with the revenue bonds then being issued,
1604 all on such terms , conditions, and limitations as shall have
1605 been provided in the proceeding which authorized the original
1606 bonds .
1607 (i) General obligation bonds .-
1608 1 . Subject to the limitations of this charter, the
1609 district shall have the power from time to time to issue
1610 general obligation bonds to finance or refinance capital
1611 projects or to refund outstanding bonds in an aggregate
1612 principal amount of bonds outstanding at any one time not in
1613 excess of 35 percent of the assessed value of the taxable
1614 property within the district as shown on the pertinent tax
1615 records at the time of the authorization of the general
1616 obligation bonds for which the full faith and credit of the
1617 district is pledged. Except for refunding bonds , no general
1618 obligation bonds shall be issued unless the bonds are issued
1619 to finance or refinance a capital project and the issuance has
1620 been approved at an election held in accordance with the
1621 requirements for such election as prescribed by the State
1622 Constitution. Such elections shall be called to be held in the
1623 district by the Collier County Supervisor of Elections upon
1624 the request of the board of the district . The expenses of
1625 calling and holding an election shall be at the expense of the
1626 district and the district shall reimburse the county for any
1627 expenses incurred in calling or holding such election.
1628 2 . The district may pledge its full faith and credit
1629 for the payment of the principal and interest on such general
1630 obligation bonds and for any reserve funds provided therefor
1631 and may unconditionally and irrevocably pledge itself to levy
1632 ad valorem taxes on all taxable property in the district, to
1633 the extent necessary for the payment thereof , without
1634 limitation as to rate or amount .
1635 3 . If the board determines to issue general obligation
1636 bonds for more than one capital project, the approval of the
1637 issuance of the bonds for each and all such projects may be
1638 submitted to the electors on one and the same ballot . The
1639 failure of the electors to approve the issuance of bonds for
1640 any one or more capital projects shall not defeat the approval
1641 of bonds for any capital project which has been approved by
1642 the electors .
1643 4 . In arriving at the amount of general obligation
1644 bonds permitted to be outstanding at any one time pursuant to
1645 subparagraph 1 . , there shall not be included any general
1646 obligation bonds that are additionally secured by the pledge
1647 of :
1648 a. Any assessments levied in an amount sufficient to
1649 pay the principal and interest on the general obligation bonds
1650 so additionally secured, which assessments have been equalized
1651 and confirmed by resolution of the board pursuant to this act
1652 or s . 170 . 08 , Florida Statutes .
1653 b. Water revenues, sewer revenues , or water and sewer
1654 revenues of the district to be derived from user fees in an
1655 amount sufficient to pay the principal and interest on the
1656 general obligation bonds so additionally secured.
1657 c . Any combination of assessments and revenues
1658 described in sub-subparagraphs a. and b .
1659 (j ) Bonds as legal investment or security.-
1660 1 . Notwithstanding any provisions of any other law to
1661 the contrary, all bonds issued under this act shall constitute
1662 legal investments for savings banks , banks , trust companies ,
1663 insurance companies , executors , administrators , trustees,
1664 guardians, and other fiduciaries and for any board, body,
1665 agency, instrumentality, county, municipality, or other
1666 political subdivision of the state and shall be and constitute
1667 security which may be deposited by banks or trust companies as
1668 security for deposits of state, county, municipal , or other
1669 public funds or by insurance companies as required or
1670 voluntary statutory deposits .
1671 2 . Any bonds issued by the district shall be
1672 incontestable in the hands of bona fide purchasers or holders
1673 for value and shall not be invalid because of any irregularity
1674 or defect in the proceedings for the issue and sale thereof .
1675 (k) Covenants .—Any resolution authorizing the issuance
1676 of bonds may contain such covenants as the board may deem
1677 advisable, and all such covenants shall constitute valid and
1678 legally binding and enforceable contracts between the district
1679 and the bondholders , regardless of the time of issuance
1680 thereof .
1681 Such covenants may include, without limitation, covenants
1682 concerning the disposition of the bond proceeds ; the use and
1683 disposition of project revenues ; the pledging of revenues ,
1684 taxes, and assessments ; the obligations of the district with
1685 respect to the operation of the project and the maintenance of
1686 adequate project revenues ; the issuance of additional bonds;
1687 the appointment, powers, and duties of trustees and receivers ;
1688 the acquisition of outstanding bonds and obligations ;
1689 restrictions on the establishing of competing projects or
1690 facilities ; restrictions on the sale or disposal of the assets
1691 and property of the district; the priority of assessment
1692 liens ; the priority of claims by bondholders on the taxing
1693 power of the district ; the maintenance of deposits to ensure
1694 the payment of revenues by users of district facilities and
1695 services ; the discontinuance of district services by reason of
1696 delinquent payments ; acceleration upon default ; the execution
1697 of necessary instruments ; the procedure for amending or
1698 abrogating covenants with the bondholders ; and such other
1699 covenants as may be deemed necessary or desirable for the
1700 security of the bondholders .
1701 (1) Validation proceedings .—The power of the district
1702 to issue bonds under this act may be determined, and any of
1703 the bonds of the district maturing over a period of more than
1704 5 years shall be validated and confirmed, by court decree,
1705 under chapter 75 , Florida Statutes , and laws amendatory
1706 thereof or supplementary thereto.
1707 (m) Tax exemption.—To the extent allowed by general
1708 law, all bonds issued hereunder and interest paid thereon and
1709 all fees, charges, and other revenues derived by the district
1710 from the projects provided by this act are exempt from all
1711 taxes by the state or by any political subdivision, agency, or
1712 instrumentality thereof ; however, any interest, income, or
1713 profits on debt obligations issued hereunder are not exempt
1714 from the tax imposed by chapter 220 , Florida Statutes .
1715 Further, the district is not exempt from chapter 212 , Florida
1716 Statutes .
1717 (n) Application of s . 189 . 051, Florida Statutes .—Bonds
1718 issued by the district shall meet the criteria set forth in s .
1719 189 . 051, Florida Statutes .
1720 (o) Act furnishes full authority for issuance of
1721 bonds .—This act constitutes full and complete authority for
1722 the issuance of bonds and the exercise of the powers of the
1723 district provided herein. No procedures or proceedings,
1724 publications, notices , consents , approvals , orders, acts , or
1725 things by the board, or any board, officer, commission,
1726 department, agency, or instrumentality of the district, other
1727 than those required by this act, shall be required to perform
1728 anything under this act, except that the issuance or sale of
1729 bonds pursuant to this act shall comply with the general law
1730 requirements applicable to the issuance or sale of bonds by
1731 the district . Nothing in this act shall be construed to
1732 authorize the district to utilize bond proceeds to fund the
1733 ongoing operations of the district .
1734 (p) Pledge by the state to the bondholders of the
1735 district .—The state pledges to the holders of any bonds issued
1736 under this act that it will not limit or alter the rights of
1737 the district to own, acquire, construct, reconstruct, improve,
1738 maintain, operate, or furnish the projects or to levy and
1739 collect the taxes , assessments, rentals , rates , fees , and
1740 other charges provided for herein and to fulfill the terms of
1741 any agreement made with the holders of such bonds or other
1742 obligations and that it will not in any way impair the rights
1743 or remedies of such holders .
1744 (q) Default .—A default on the bonds or obligations of
1745 the district shall not constitute a debt or obligation of the
1746 state or any general-purpose local government of the state . In
1747 the event of a default or dissolution of the district, no
1748 general-purpose local government shall be required to assume
1749 the property of the district, the debts of the district, or
1750 the district ' s obligations to complete any infrastructure
1751 improvements or provide any services to the district . The
1752 provisions of s . 189 . 076 (2) , Florida Statutes, shall not apply
1753 to the district .
1754 (11) TRUST AGREEMENTS .—Any issue of bonds shall be
1755 secured by a trust agreement or resolution by and between the
1756 district and a corporate trustee or trustees, which may be any
1757 trust company or bank having the powers of a trust company
1758 within or without the state . The resolution authorizing the
1759 issuance of the bonds or such trust agreement may pledge the
1760 revenues to be received from any projects of the district and
1761 may contain such provisions for protecting and enforcing the
1762 rights and remedies of the bondholders as the board may
1763 approve, including, without limitation, covenants setting
1764 forth the duties of the district in relation to: the
1765 acquisition, construction, reconstruction, improvement,
1766 maintenance, repair, operation, and insurance of any projects;
1767 the fixing and revising of the rates , fees , and charges ; and
1768 the custody, safeguarding, and application of all moneys and
1769 for the employment of consulting engineers in connection with
1770 such acquisition, construction, reconstruction, improvement,
1771 maintenance, repair, or operation. It shall be lawful for any
1772 bank or trust company within or without the state which may
1773 act as a depository of the proceeds of bonds or of revenues to
I774 furnish such indemnifying bonds or to pledge such securities
1775 as may be required by the district . Such resolution or trust
1776 agreement may set forth the rights and remedies of the
1777 bondholders and of the trustee, if any, and may restrict the
1778 individual right of action by bondholders . The board may
1779 provide for the payment of proceeds of the sale of the bonds
1780 and the revenues of any project to such officer, board, or
1781 depository as it may designate for the custody thereof and may
1782 provide for the method of disbursement thereof with such
1783 safeguards and restrictions as it may determine . All expenses
1784 incurred in carrying out the provisions of such resolution or
1785 trust agreement may be treated as part of the cost of
1786 operation of the project to which such resolution or trust
1787 agreement pertains .
1788 (12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
1789 ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS , AND SPECIAL
1790 ASSESSMENTS; MAINTENANCE TAXES .-
1791 (a) Ad valorem taxes .—At such time as all members of
1792 the board are qualified electors who are elected by qualified
1793 electors of the district, the board shall have the power to
1794 levy and assess an ad valorem tax on all the taxable property
1795 in the district to construct, operate, and maintain assessable
1796 improvements ; to pay the principal of , and interest on, any
1797 general obligation bonds of the district; and to provide for
1798 any sinking or other funds established in connection with any
1799 such bonds . An ad valorem tax levied by the board for
1800 operating purposes, exclusive of debt service on bonds, shall
1801 not exceed 3 mills . The ad valorem tax provided for herein
1802 shall be in addition to county and all other ad valorem taxes
1803 provided for by law. Such tax shall be assessed, levied, and
1804 collected in the same manner and at the same time as county
1805 taxes . The levy of ad valorem taxes must be approved by
1806 referendum as required by s . 9 , Article VII of the State
1807 Constitution.
1808 (b) Benefit special assessments .—The board annually
1809 shall determine, order, and levy the annual installment of the
1810 total benefit special assessments for bonds issued and related
1811 expenses to finance assessable improvements . These assessments
1812 may be due and collected during each year county taxes are due
1813 and collected, in which case such annual installment and levy
1814 shall be evidenced to and certified to the property appraiser
1815 by the board not later than August 31 of each year. Such
1816 assessment shall be entered by the property appraiser on the
1817 county tax rolls and shall be collected and enforced by the
1818 tax collector in the same manner and at the same time as
1819 county taxes , and the proceeds thereof shall be paid to the
1820 district . However, this paragraph shall not prohibit the
1821 district in its discretion from using the method prescribed in
1822 s . 197 . 3632 , Florida Statutes , or chapter 173 , Florida
1823 Statutes , as each may be amended from time to time, for
1824 collecting and enforcing these assessments . Each annual
1825 installment of benefit special assessments shall be a lien on
1826 the property against which assessed until paid and shall be
1827 enforceable in like manner as county taxes . The amount of the
1828 assessment for the exercise of the district ' s powers under
1829 subsections (6) and (7) shall be determined by the board based
1830 upon a report of the district ' s engineer and assessed by the
1831 board upon such lands, which may be part or all of the lands
1832 within the district benefited by the improvement, apportioned
1833 between benefited lands in proportion to the benefits received
1834 by each tract of land. The board may, if it determines it is
1835 in the best interests of the district, set forth in the
1836 proceedings initially levying such benefit special assessments
1837 or in subsequent proceedings a formula for the determination
1838 of an amount, which when paid by a taxpayer with respect to
1839 any tax parcel, shall constitute a prepayment of all future
1840 annual installments of such benefit special assessments and
1841 that the payment of which amount with respect to such tax
1842 parcel shall relieve and discharge such tax parcel of the lien
1843 of such benefit special assessments and any subsequent annual
1844 installment thereof . The board may provide further that upon
1845 delinquency in the payment of any annual installment of
1846 benefit special assessments, the prepayment amount of all
I847 future annual installments of benefit special assessments as
1848 determined in the preceding sentence shall be and become
1849 immediately due and payable together with such delinquent
1850 annual installment .
1851 (c) Non-ad valorem maintenance taxes .—If and when
1852 authorized by general law, to maintain and to preserve the
1853 physical facilities and services constituting the works,
1854 improvements, or infrastructure owned by the district pursuant
1855 to this act, to repair and restore any one or more of them,
1856 when needed, and to defray the current expenses of the
1857 district, including any sum which may be required to pay state
1858 and county ad valorem taxes on any lands which may have been
1859 purchased and which are held by the district under this act,
1860 the board of supervisors may, upon the completion of said
1861 systems, facilities , services , works, improvements, or
1862 infrastructure, in whole or in part, as may be certified to
1863 the board by the engineer of the board, levy annually a non-ad
1864 valorem and nonmillage tax upon each tract or parcel of land
1865 within the district, to be known as a "maintenance tax. " This
1866 non-ad valorem maintenance tax shall be apportioned upon the
1867 basis of the net assessments of benefits assessed as accruing
1868 from the original construction and shall be evidenced to and
1869 certified by the board of supervisors of the district not
1870 later than June 1 of each year to the Collier County tax
1871 collector and shall be extended on the tax rolls and collected
1872 by the tax collector on the merged collection roll of the tax
1873 collector in the same manner and at the same time as county ad
1874 valorem taxes , and the proceeds therefrom shall be paid to the
1875 district . This non-ad valorem maintenance tax shall be a lien
1876 until paid on the property against which assessed and
1877 enforceable in like manner and of the same dignity as county
1878 ad valorem taxes .
1879 (d) Maintenance special assessments .—To maintain and
1880 preserve the facilities and projects of the district, the
1881 board may levy a maintenance special assessment . This
1882 assessment may be evidenced to and certified to the tax
1883 collector by the board of supervisors not later than August 31
1884 of each year and shall be entered by the property appraiser on
1885 the county tax rolls and shall be collected and enforced by
1886 the tax collector in the same manner and at the same time as
1887 county taxes , and the proceeds therefrom shall be paid to the
1888 district . However, this paragraph shall not prohibit the
1889 district in its discretion from using the method prescribed in
1890 s . 197 . 363 , s . 197 . 3631 , or s . 197 . 3632 , Florida Statutes, for
1891 collecting and enforcing these assessments . These maintenance
1892 special assessments shall be a lien on the property against
1893 which assessed until paid and shall be enforceable in like
1894 manner as county taxes . The amount of the maintenance special
1895 assessment for the exercise of the district ' s powers under
1896 this section shall be determined by the board based upon a
1897 report of the district ' s engineer and assessed by the board
1898 upon such lands, which may be all of the lands within the
1899 district benefited by the maintenance thereof, apportioned
1900 between the benefited lands in proportion to the benefits
1901 received by each tract of land.
1902 (e) Special assessments .—The board may levy and impose
1903 any special assessments pursuant to this subsection.
1904 (f) Enforcement of taxes .—The collection and
1905 enforcement of all taxes levied by the district shall be at
1906 the same time and in like manner as county taxes , and the
1907 provisions of the laws of Florida relating to the sale of
1908 lands for unpaid and delinquent county taxes ; the issuance,
1909 sale, and delivery of tax certificates for such unpaid and
1910 delinquent county taxes; the redemption thereof ; the issuance
1911 to individuals of tax deeds based thereon; and all other
1912 procedures in connection therewith shall be applicable to the
1913 district to the same extent as if such statutory provisions
1914 were expressly set forth herein. All taxes shall be subject to
1915 the same discounts as county taxes .
1916 (g) When unpaid tax is delinquent ; penalty.—All taxes
1917 provided for in this act shall become delinquent and bear
1918 penalties on the amount of such taxes in the same manner as
1919 county taxes .
1920 (h) Status of assessments .—Benefit special
1921 assessments , maintenance special assessments , and special
1922 assessments are hereby found and determined to be non-ad
1923 valorem assessments as defined by s . 197 . 3632 , Florida
1924 Statutes . Maintenance taxes are non-ad valorem taxes and are
1925 not special assessments .
1926 (i) Assessments constitute liens ; collection.—Any and
1927 all assessments , including special assessments, benefit
1928 special assessments , and maintenance special assessments
1929 authorized by this section, and including special assessments
1930 as defined by section 2 (2) (aa) and granted and authorized by
1931 this subsection, and including maintenance taxes if authorized
1932 by general law, shall constitute a lien on the property
1933 against which assessed from the date of levy and imposition
1934 thereof until paid, coequal with the lien of state, county,
1935 municipal, and school board taxes . These assessments may be
1936 collected, at the district ' s discretion, under authority of s .
1937 197 . 3631, Florida Statutes, as amended from time to time, by
1938 the tax collector pursuant to ss . 197 . 3632 and 197 . 3635 ,
1939 Florida Statutes, as amended from time to time, or in
1940 accordance with other collection measures provided by law. In
1941 addition to, and not in limitation of, any powers otherwise
1942 set forth herein or in general law, these assessments may also
1943 be enforced pursuant to chapter 173 , Florida Statutes, as
1944 amended from time to time .
1945 (j ) Land owned by governmental entity.—Except as
1946 otherwise provided by law, no levy of ad valorem taxes or non-
1947 ad valorem assessments under this act or chapter 170 or
1948 chapter 197 , Florida Statutes, as each may be amended from
1949 time to time, or otherwise, by a board of the district, on
1950 property of a governmental entity that is subject to a ground
1951 lease as described in s . 190 . 003 (14 ) , Florida Statutes, shall
1952 constitute a lien or encumbrance on the underlying fee
1953 interest of such governmental entity.
1954 (13) SPECIAL ASSESSMENTS .-
1955 (a) As an alternative method to the levy and
1956 imposition of special assessments pursuant to chapter 170 ,
1957 Florida Statutes , pursuant to the authority of s . 197 . 3631 ,
1958 Florida Statutes , or pursuant to other provisions of general
1959 law, now or hereafter enacted, which provide a supplemental
1960 means or authority to impose, levy, and collect special
1961 assessments as otherwise authorized under this act, the board
1962 may levy and impose special assessments to finance the
1963 exercise of any of its powers permitted under this act using
1964 the following uniform procedures :
1965 1 . At a noticed meeting, the board of supervisors of
1966 the district may consider and review an engineer ' s report on
1967 the costs of the systems, facilities, and services to be
1968 provided, a preliminary special assessment methodology, and a
1969 preliminary roll based on acreage or platted lands, depending
1970 upon whether platting has occurred.
1971 a. The special assessment methodology shall address
1972 and discuss and the board shall consider whether the systems,
1973 facilities , and services being contemplated will result in
1974 special benefits peculiar to the property, different in kind
1975 and degree than general benefits, as a logical connection
1976 between the systems , facilities, and services themselves and
1977 the property, and whether the duty to pay the special
1978 assessments by the property owners is apportioned in a manner
1979 that is fair and equitable and not in excess of the special
1980 benefit received. It shall be fair and equitable to designate
1981 a fixed proportion of the annual debt service, together with
1982 interest thereon, on the aggregate principal amount of bonds
I983 issued to finance such systems, facilities, and services which
1984 give rise to unique, special, and peculiar benefits to
1985 property of the same or similar characteristics under the
1986 special assessment methodology so long as such fixed
1987 proportion does not exceed the unique, special, and peculiar
1988 benefits enjoyed by such property from such systems,
1989 facilities, and services .
1990 b . The engineer ' s cost report shall identify the
1991 nature of the proposed systems, facilities , and services,
1992 their location, a cost breakdown plus a total estimated cost,
1993 including cost of construction or reconstruction, labor, and
1994 materials, lands, property, rights, easements , franchises, or
1995 systems , facilities, and services to be acquired, cost of
1996 plans and specifications, surveys of estimates of costs and
1997 revenues, costs of engineering, legal , and other professional
1998 consultation services , and other expenses or costs necessary
1999 or incidental to determining the feasibility or practicability
2000 of such construction, reconstruction, or acquisition,
2001 administrative expenses, relationship to the authority and
2002 power of the district in its charter, and such other expenses
NO3 or costs as may be necessary or incidental to the financing to
2004 be authorized by the board of supervisors .
2005 c . The preliminary special assessment roll will be in
2006 accordance with the assessment methodology as may be adopted
2007 by the board of supervisors ; the special assessment roll shall
2008 be completed as promptly as possible and shall show the
2009 acreage, lots, lands , or plats assessed and the amount of the
2010 fairly and reasonably apportioned assessment based on special
2011 and peculiar benefit to the property, lot, parcel, or acreage
2012 of land; and, if the special assessment against such lot,
2013 parcel , acreage, or portion of land is to be paid in
2014 installments , the number of annual installments in which the
2015 special assessment is divided shall be entered into and shown
2016 upon the special assessment roll .
2017 2 . The board of supervisors of the district may
2018 determine and declare by an initial special assessment
2019 resolution to levy and assess the special assessments with
2020 respect to assessable improvements stating the nature of the
2021 systems, facilities , and services, improvements, projects , or
2022 infrastructure constituting such assessable improvements, the
2023 information in the engineer ' s cost report, the information in
2024 the special assessment methodology as determined by the board
2025 at the noticed meeting and referencing and incorporating as
2026 part of the resolution the engineer' s cost report, the
2027 preliminary special assessment methodology, and the
2028 preliminary special assessment roll as referenced exhibits to
2029 the resolution by reference . If the board determines to
2030 declare and levy the special assessments by the initial
2031 special assessment resolution, the board shall also adopt and
2032 declare a notice resolution which shall provide and cause the
2033 initial special assessment resolution to be published once a
2034 week for a period of 2 weeks in newspapers of general
2035 circulation published in Collier County and said board shall
2036 by the same resolution fix a time and place at which the owner
2037 or owners of the property to be assessed or any other persons
2038 interested therein may appear before said board and be heard
2039 as to the propriety and advisability of making such
2040 improvements, as to the costs thereof, as to the manner of
2041 payment therefor, and as to the amount thereof to be assessed
2042 against each property so improved. Thirty days ' notice in
2043 writing of such time and place shall be given to such property
2044 owners . The notice shall include the amount of the special
2045 assessment and shall be served by mailing a copy to each
2046 assessed property owner at his or her last known address, the
2047 names and addresses of such property owners to be obtained
2048 from the record of the property appraiser of the county
2049 political subdivision in which the land is located or from
2050 such other sources as the district manager or engineer deems
2051 reliable, and proof of such mailing shall be made by the
2052 affidavit of the district manager or by the engineer, said
2053 proof to be filed with the district manager, provided that
2054 failure to mail said notice or notices shall not invalidate
2055 any of the proceedings hereunder. It is provided further that
2056 the last publication shall be at least 1 week prior to the
2057 date of the hearing on the final special assessment
2058 resolution. Said notice shall describe the general areas to be
2059 improved and advise all persons interested that the
2060 description of each property to be assessed and the amount to
2061 be assessed to each piece, parcel, lot, or acre of property
2062 may be ascertained at the office of the district manager. Such
2063 service by publication shall be verified by the affidavit of
2064 the publisher and filed with the district manager. Moreover,
2065 the initial special assessment resolution with its attached,
2066 referenced, and incorporated engineer ' s cost report,
2067 preliminary special assessment methodology, and preliminary
2068 special assessment roll , along with the notice resolution,
2069 shall be available for public inspection at the office of the
2070 district manager and the office of the engineer or any other
2071 office designated by the board of supervisors in the notice
2072 resolution. Notwithstanding the foregoing, the landowners of
2073 all of the property which is proposed to be assessed may give
2074 the district written notice of waiver of any notice and
2075 publication provided for in this subparagraph and such notice
2076 and publication shall not be required, provided, however, that
2077 any meeting of the board of supervisors to consider such
2078 resolution shall be a publicly noticed meeting.
2079 3 . At the time and place named in the noticed
2080 resolution as provided for in subparagraph 2 . , the board of
2081 supervisors of the district shall meet and hear testimony from
2082 affected property owners as to the propriety and advisability
2083 of making the systems, facilities , services , projects, works,
2084 improvements, or infrastructure and funding them with
2085 assessments referenced in the initial special assessment
2086 resolution on the property. Following the testimony and
2087 questions from the members of the board or any professional
2088 advisors to the district of the preparers of the engineer ' s
2089 cost report, the special assessment methodology, and the
2090 special assessment roll, the board of supervisors shall make a
2091 final decision on whether to levy and assess the particular
2092 special assessments . Thereafter, the board of supervisors
2093 shall meet as an equalizing board to hear and to consider any
2094 and all complaints as to the particular special assessments
2095 and shall adjust and equalize the special assessments to
2096 ensure proper assessment based on the benefit conferred on the
2097 property.
2098 4 . When so equalized and approved by resolution or
2099 ordinance by the board of supervisors , to be called the final
2100 special assessment resolution, a final special assessment roll
2101 shall be filed with the clerk of the board and such special
2102 assessment shall stand confirmed and remain legal , valid, and
2103 binding first liens on the property against which such special
2104 assessments are made until paid, equal in dignity to the first
2105 liens of ad valorem taxation of county and municipal
2106 governments and school boards . However, upon completion of the
2107 systems , facilities, services , projects, improvements , works,
2108 or infrastructure, the district shall credit to each of the
2109 assessments the difference in the special assessment as
2110 originally made, approved, levied, assessed, and confirmed and
2111 the proportionate part of the actual cost of the improvement
2112 to be paid by the particular special assessments as finally
2113 determined upon the completion of the improvement; but in no
2114 event shall the final special assessment exceed the amount of
2115 the special and peculiar benefits as apportioned fairly and
2116 reasonably to the property from the system, facility, or
2117 service being provided as originally assessed. Promptly after
2118 such confirmation, the special assessment shall be recorded by
2119 the clerk of the district in the minutes of the proceedings of
2120 the district, and the record of the lien in this set of
2121 minutes shall constitute prima facie evidence of its validity.
2122 The board of supervisors , in its sole discretion, may by
2123 resolution grant a discount equal to all or a part of the
2124 payee ' s proportionate share of the cost of the project
2125 consisting of bond financing cost, such as capitalized
2126 interest, funded reserves, and bond discounts included in the
2127 estimated cost of the project, upon payment in full of any
2128 special assessments during such period prior to the time such
2129 financing costs are incurred as may be specified by the board
2130 of supervisors in such resolution.
2131 5 . District special assessments may be made payable in
2132 installments over no more than 40 years from the date of the
2133 payment of the first installment thereof and may bear interest
2134 at fixed or variable rates .
2135 (b) Notwithstanding any provision of this act or
2136 chapter 170 , Florida Statutes, that portion of s . 170 . 09,
2137 Florida Statutes, that provides that special assessments may
2138 be paid without interest at any time within 30 days after the
2139 improvement is completed and a resolution accepting the same
2140 has been adopted by the governing authority shall not be
2141 applicable to any district special assessments, whether
2142 imposed, levied, and collected pursuant to this act or other
2143 provisions of Florida law, including, but not limited to,
2144 chapter 170 , Florida Statutes .
2145 (c) In addition, the district is authorized expressly
2146 in the exercise of its rulemaking power to adopt a rule or
2147 rules which provide for notice, levy, imposition,
2148 equalization, and collection of assessments .
2149 (14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2150 ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS .-
2151 (a) The board may, after any special assessments or
2152 benefit special assessments for assessable improvements are
2153 made, determined, and confirmed as provided in this act, issue
2154 certificates of indebtedness for the amount so assessed
2155 against the abutting property or property otherwise benefited,
2156 as the case may be, and separate certificates shall be issued
2157 against each part or parcel of land or property assessed,
2158 which certificates shall state the general nature of the
2159 improvement for which the assessment is made . The certificates
2160 shall be payable in annual installments in accordance with the
2161 installments of the special assessment for which they are
2162 issued. The board may determine the interest to be borne by
2163 such certificates , not to exceed the maximum rate allowed by
2164 general law, and may sell such certificates at either private
2165 or public sale and determine the form, manner of execution,
2166 and other details of such certificates . The certificates shall
2167 recite that they are payable only from the special assessments
2168 levied and collected from the part or parcel of land or
2169 property against which they are issued. The proceeds of such
2170 certificates may be pledged for the payment of principal of
2171 and interest on any revenue bonds or general obligation bonds
2172 issued to finance in whole or in part such assessable
2173, improvement, or, if not so pledged, may be used to pay the
2174 cost or part of the cost of such assessable improvements .
2175 (b) The district may also issue assessment bonds,
2176 revenue bonds, or other obligations payable from a special
2177 fund into which such certificates of indebtedness referred to
2178 in paragraph (a) may be deposited or, if such certificates of
2179 indebtedness have not been issued, the district may assign to
2180 such special fund for the benefit of the holders of such
2181 assessment bonds or other obligations , or to a trustee for
2182 such bondholders, the assessment liens provided for in this
2183 act unless such certificates of indebtedness or assessment
2184 liens have been theretofore pledged for any bonds or other
2185 obligations authorized hereunder. In the event of the creation
2186 of such special fund and the issuance of such assessment bonds
2187 or other obligations, the proceeds of such certificates of
2188 indebtedness or assessment liens deposited therein shall be
2189 used only for the payment of the assessment bonds or other
2190 obligations issued as provided in this section. The district
2191 is authorized to covenant with the holders of such assessment
2192 bonds, revenue bonds, or other obligations that it will
2193 diligently and faithfully enforce and collect all the special
2194 assessments , and interest and penalties thereon, for which
2195 such certificates of indebtedness or assessment liens have
2196 been deposited in or assigned to such fund; to foreclose such
2197 assessment liens so assigned to such special fund or
2198 represented by the certificates of indebtedness deposited in
2199 the special fund, after such assessment liens have become
2200 delinquent, and deposit the proceeds derived from such
2201 foreclosure, including interest and penalties , in such special
2202 fund; and to make any other covenants deemed necessary or
2203 advisable in order to properly secure the holders of such
2204 assessment bonds or other obligations .
2205 (c) The assessment bonds , revenue bonds , or other
2206 obligations issued pursuant to this section shall have such
2207 dates of issue and maturity as shall be deemed advisable by
2208 the board; however, the maturities of such assessment bonds or
2209 other obligations shall not be more than 2 years after the due
2210 date of the last installment which will be payable on any of
2211 the special assessments for which such assessment liens, or
2212 the certificates of indebtedness representing such assessment
2213 liens, are assigned to or deposited in such special fund.
2214 (d) Such assessment bonds, revenue bonds, or other
2215 obligations issued under this section shall bear such interest
2216 as the board may determine, not to exceed the maximum rate
2217 allowed by general law, and shall be executed, shall have such
2218 provisions for redemption prior to maturity, shall be sold in
2219 the manner, and shall be subject to all of the applicable
2220 provisions contained in this act for revenue bonds, except as
2221 the same may be inconsistent with this section.
2222 (e) All assessment bonds , revenue bonds , or other
2223 obligations issued under this section shall be, shall
2224 constitute, and shall have all the qualities and incidents of
2225 negotiable instruments under the law merchant and the laws of
2226 the state .
2227 (15) TAX LIENS .—All taxes of the district provided for
2228 in this act, together with all penalties for default in the
2229 payment of the same and all costs in collecting the same,
2230 including a reasonable attorney fee fixed by the court and
2231 taxed as a cost in the action brought to enforce payment,
2232 shall , from January 1 for each year the property is liable to
2233 assessment and until paid, constitute a lien of equal dignity
2234 with the liens for state and county taxes and other taxes of
2235 equal dignity with state and county taxes upon all the lands
2236 against which such taxes shall be levied. A sale of any of the
2237 real property within the district for state and county or
2238 other taxes shall not operate to relieve or release the
2239 property so sold from the lien for subsequent district taxes
2240 or installments of district taxes, which lien may be enforced
2241 against such property as though no such sale thereof had been
2242 made . In addition to, and not in limitation of , the preceding
2243 sentence, for purposes of s . 197 . 552 , Florida Statutes, the
2244 lien of all special assessments levied by the district shall
2245 constitute a lien of record held by a municipal or county
2246 governmental unit . The provisions of ss . 194 . 171, 197 . 122 ,
2247 197 . 333 , and 197 . 432 , Florida Statutes , shall be applicable to
2248 district taxes with the same force and effect as if such
2249 provisions were expressly set forth in this act .
2250 (16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY
2251 THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE .-
2252 (a) The district shall have the power and right to:
2253 1 . Pay any delinquent state, county, district,
2254 municipal, or other tax or assessment upon lands located
2255 wholly or partially within the boundaries of the district .
2256 2 . Redeem or purchase any tax sales certificates
2257 issued or sold on account of any state, county, district,
2258 municipal , or other taxes or assessments upon lands located
2259 wholly or partially within the boundaries of the district .
2260 (b) Delinquent taxes paid, or tax sales certificates
2261 redeemed or purchased, by the district, together with all
2262 penalties for the default in payment of the same and all costs
2263 in collecting the same and a reasonable attorney fee, shall
2264 constitute a lien in favor of the district of equal dignity
2265 with the liens of state and county taxes and other taxes of
2266 equal dignity with state and county taxes upon all the real
2267 property against which the taxes were levied. The lien of the
2268 district may be foreclosed in the manner provided in this act .
2269 (c) In any sale of land pursuant to s . 197 . 542 ,
2270 Florida Statutes , as may be amended from time to time, the
2271 district may certify to the clerk of the circuit court of the
2272 county holding such sale the amount of taxes due to the
2273 district upon the lands sought to be sold, and the district
2274 shall share in the disbursement of the sales proceeds in
2275 accordance with this act and under the laws of the state .
2276 (17) FORECLOSURE OF LIENS .—Any lien in favor of the
2277 district arising under this act may be foreclosed by the
2278 district by foreclosure proceedings in the name of the
2279 district in a court of competent jurisdiction as provided by
2280 general law in like manner as is provided in chapter 170 or
2281 chapter 173 , Florida Statutes , and amendments thereto and the
2282 provisions of those chapters shall be applicable to such
2283 proceedings with the same force and effect as if those
2284 provisions were expressly set forth in this act . Any act
2285 required or authorized to be done by or on behalf of a
2286 municipality in foreclosure proceedings under chapter 170 or
2287 chapter 173 , Florida Statutes, may be performed by such
2288 officer or agent of the district as the board of supervisors
2289 may designate . Such foreclosure proceedings may be brought at
2290 any time after the expiration of 1 year from the date any tax,
2291 or installment thereof , becomes delinquent ; however, no lien
2292 shall be foreclosed against any political subdivision or
2293 agency of the state . Other legal remedies shall remain
2294 available .
2295 (18) MANDATORY USE OF CERTAIN DISTRICT FACILITIES .—To
2296 the full extent permitted by law, the district shall require
2297 all lands, buildings, premises , persons, firms, and
2298 corporations within the district to use the facilities of the
2299 district .
2300 (19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS;
2301 RELATED PROVISIONS REQUIRED.-
2302 (a) No contract shall be let by the board for any
2303 goods, supplies, or materials to be purchased when the amount
2304 thereof to be paid by the district shall exceed the amount
2305 provided in s . 287 . 017 , Florida Statutes , as amended from time
2306 to time, for category four, unless notice of bids shall be
2307 advertised once in a newspaper in general circulation in
2308 Collier County. Any board seeking to construct or improve a
2309 public building, structure, or other public works shall comply
2310 with the bidding procedures of s . 255 . 20 , Florida Statutes , as
2311 amended from time to time, and other applicable general law.
2312 In each case, the bid of the lowest responsive and responsible
2313 bidder shall be accepted unless all bids are rejected because
2314 the bids are too high or the board determines it is in the
2315 best interests of the district to reject all bids . The board
2316 may require the bidders to furnish bond with a responsible
2317 surety to be approved by the board. Nothing in this subsection
2318 shall prevent the board from undertaking and performing the
2319 construction, operation, and maintenance of any project or
2320 facility authorized by this act by the employment of labor,
2321 material, and machinery.
2322 (b) The provisions of the Consultants ' Competitive
2323 Negotiation Act, s . 287 . 055 , Florida Statutes, apply to
2324 contracts for engineering, architecture, landscape
2325 architecture, or registered surveying and mapping services let
2326 by the board.
2327 (c) Contracts for maintenance services for any
2328 district facility or project shall be subject to competitive
2329 bidding requirements when the amount thereof to be paid by the
2330 district exceeds the amount provided in s . 287 . 017 , Florida
2331 Statutes, as amended from time to time, for category four. The
2332 district shall adopt rules , policies , or procedures
2333 establishing competitive bidding procedures for maintenance
2334 services . Contracts for other services shall not be subject to
2335 competitive bidding unless the district adopts a rule, policy,
2336 or procedure applying competitive bidding procedures to said
2337 contracts . Nothing herein shall preclude the use of requests
2338 for proposal instead of invitations to bid as determined by
2339 the district to be in its best interest .
2340 (20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR
2341 ADOPTION AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS .-
2342 (a) The district is authorized to prescribe, fix,
2343 establish, and collect rates, fees, rentals , or other charges,
2344 hereinafter sometimes referred to as "revenues , " and to revise
2345 the same from time to time, for the systems , facilities, and
2346 services furnished by the district, including, but not limited
2347 to, recreational facilities , water management and control
2348 facilities , and water and sewer systems ; to recover the costs
2349 of making connection with any district service, facility, or
2350 system; and to provide for reasonable penalties against any
2351 user or property for any such rates, fees , rentals, or other
2352 charges that are delinquent .
2353 (b) No such rates , fees, rentals, or other charges for
2354 any of the facilities or services of the district shall be
2355 fixed until after a public hearing at which all the users of
2356 the proposed facility or services or owners, tenants, or
2357 occupants served or to be served thereby and all other
2358 interested persons shall have an opportunity to be heard
2359 concerning the proposed rates , fees , rentals, or other
2360 charges . Rates , fees , rentals , and other charges shall be
2361 adopted under the administrative rulemaking authority of the
2362 district, but shall not apply to district leases . Notice of
2363 such public hearing setting forth the proposed schedule or
2364 schedules of rates, fees , rentals, and other charges shall
2365 have been published in a newspaper of general circulation in
2366 Collier County at least once and at least 10 days prior to
2367 such public hearing. The rulemaking hearing may be adjourned
2368 from time to time . After such hearing, such schedule or
2369 schedules, either as initially proposed or as modified or
2370 amended, may be finally adopted. A copy of the schedule or
2371 schedules of such rates , fees , rentals, or charges as finally
2372 adopted shall be kept on file in an office designated by the
2373 board and shall be open at all reasonable times to public
2374 inspection. The rates, fees , rentals, or charges so fixed for
2375 any class of users or property served shall be extended to
2376 cover any additional users or properties thereafter served
2377 which shall fall in the same class, without the necessity of
2378 any notice or hearing.
2379 (c) Such rates , fees , rentals, and other charges shall
2380 be just and equitable and uniform for users of the same class ,
2381 and when appropriate may be based or computed either upon the
2382 amount of service furnished, upon the average number of
2383 persons residing or working in or otherwise occupying the
2384 premises served, or upon any other factor affecting the use of
2385 the facilities furnished, or upon any combination of the
2386 foregoing factors , as may be determined by the board on an
2387 equitable basis .
2388 (d) The rates, fees, rentals , or other charges
2389 prescribed shall be such as will produce revenues, together
2390 with any other assessments , taxes, revenues , or funds
2391 available or pledged for such purpose, at least sufficient to
2392 provide for the items hereinafter listed, but not necessarily
2393 in the order stated:
2394 1 . To provide for all expenses of operation and
2395 maintenance of such facility or service .
2396 2 . To pay when due all bonds and interest thereon for
2397 the payment of which such revenues are, or shall have been,
2398 pledged or encumbered, including reserves for such purpose .
2399 3 . To provide for any other funds which may be
2400 required under the resolution or resolutions authorizing the
2401 issuance of bonds pursuant to this act .
2402 (e) The board shall have the power to enter into
2403 contracts for the use of the projects of the district and with
2404 respect to the services, systems , and facilities furnished or
2405 to be furnished by the district .
2406 (21) RECOVERY OF DELINQUENT CHARGES .—In the event that
2407 any rates, fees , rentals , charges, or delinquent penalties are
2408 not paid when due and are in default for 60 days or more, the
2409 unpaid balance thereof and all interest accrued thereon,
2410 together with reasonable attorney fees and costs , may be
2411 recovered by the district in a civil action.
2412 (22) DISCONTINUANCE OF SERVICE .—In the event the fees ,
2413 rentals , or other charges for district services or facilities
2414 are not paid when due, the board shall have the power, under
2415 such reasonable rules and regulations as the board may adopt,
2416 to discontinue and shut off such services until such fees ,
2417 rentals, or other charges , including interest, penalties , and
2418 charges for the shutting off and discontinuance and the
2419 restoration of such services , are fully paid; and, for such
2420 purposes, the board may enter on any lands , waters , or
2421 premises of any person, firm, corporation, or body, public or
2422 private, within the district limits . Such delinquent fees,
2423 rentals, or other charges , together with interest, penalties,
2424 and charges for the shutting off and discontinuance and the
2425 restoration of such services and facilities and reasonable
2426 attorney fees and other expenses, may be recovered by the
2427 district, which may also enforce payment of such delinquent
2428 fees , rentals , or other charges by any other lawful method of
2429 enforcement .
2430 (23 ) ENFORCEMENT AND PENALTIES .—The board or any
2431 aggrieved person may have recourse to such remedies in law and
2432 at equity as may be necessary to ensure compliance with this
2433 act, including injunctive relief to enjoin or restrain any
2434 person violating this act or any bylaws , resolutions ,
2435 regulations, rules , codes, or orders adopted under this act .
2436 In case any building or structure is erected, constructed,
2437 reconstructed, altered, repaired, converted, or maintained, or
2438 any building, structure, land, or water is used, in violation
2439 of this act or of any code, order, resolution, or other
2440 regulation made under authority conferred by this act or under
2441 law, the board or any citizen residing in the district may
2442 institute any appropriate action or proceeding to prevent such
2443 unlawful erection, construction, reconstruction, alteration,
2444 repair, conversion, maintenance, or use ; to restrain, correct,
2445 or avoid such violation; to prevent the occupancy of such
2446 building, structure, land, or water; and to prevent any
2447 illegal act, conduct, business, or use in or about such
2448 premises, land, or water.
2449 (24) SUITS AGAINST THE DISTRICT.—Any suit or action
2450 brought or maintained against the district for damages arising
2451 out of tort, including, without limitation, any claim arising
2452 upon account of an act causing an injury or loss of property,
2453 personal injury, or death, shall be subject to the limitations
2454 provided in s . 768 . 28 , Florida Statutes .
2455 (25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.-
2456 All district property shall be exempt from levy and sale by
2457 virtue of an execution, and no execution or other judicial
2458 process shall issue against such property, nor shall any
2459 judgment against the district be a charge or lien on its
2460 property or revenues ; however, nothing contained herein shall
2461 apply to or limit the rights of bondholders to pursue any
2462 remedy for the enforcement of any lien or pledge given by the
2463 district in connection with any of the bonds or obligations of
2464 the district .
2465 (26) TERMINATION, CONTRACTION, OR EXPANSION OF
2466 DISTRICT.—
2467 (a) The board of supervisors of the district shall not
2468 ask the Legislature to repeal or amend this act to expand or
2469 to contract the boundaries of the district or otherwise cause
2470 the merger or termination of the district without first
2471 obtaining a resolution or official statement from Collier
2472 County as required by s . 189 . 031 (2 ) (e) 4 . , Florida Statutes,
2473 for creation of an independent special district . The
2474 district' s consent may be evidenced by a resolution or other
2475 official written statement of the district .
2476 (b) The district shall remain in existence until :
2477 1 . The district is terminated and dissolved pursuant
2478 to amendment to this act by the Legislature .
2479 2 . The district has become inactive pursuant to s .
2480 189 . 062 , Florida Statutes .
2481 (27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS . The
2482 district may merge with one or more community development
2483 districts situated wholly within its boundaries . The district
2484 shall be the surviving entity of the merger. Any mergers
2485 shall commence upon each such community development district
2486 filing a written request for merger with the district . A copy
2487 of the written request shall also be filed with Collier
2488 County. The district, subject to the direction of its board of
2489 supervisors , shall enter into a merger agreement which shall
2490 provide for the proper allocation of debt, the manner in which
2491 such debt shall be retired, the transition of the community
2492 development district board, and the transfer of all financial
2493 obligations and operating and maintenance responsibilities to
2494 the district . The execution of the merger agreement by the
2495 district and each community development district constitutes
2496 consent of the landowners within each district . The district
2497 and each community development district requesting merger
2498 shall hold a public hearing within its boundaries to provide
2499 information about and take public comment on the proposed
2500 merger in the merger agreement . The public hearing shall be
2501 held within 45 days of the initial consideration and approval
2502 of the merger agreement by all parties thereto . Notice of the
2503 public hearing shall be published at least 14 days before the
2504 hearing in a newspaper of general circulation in Collier
2505 County. At the conclusion of the public hearing each district
2506 shall consider a resolution either approving or disapproving
2507 the proposed merger. If the district and each community
2508 development district which is a party to the merger agreement
2509 adopt a resolution approving the proposed merger, the
2510 resolutions and the executed merger agreement shall be filed
2511 with Collier County. Upon receipt of the resolutions approving
2512 the merger and the merger agreement, Collier County shall
2513 adopt a non-emergency ordinance dissolving each community
2514 development district pursuant to s . 190 . 046 (10) , Florida
2515 Statutes .
2516 (28) INCLUSION OF TERRITORY. The inclusion of any or
2517 all territory of the district within a municipality does not
2518 change, alter, or affect the boundary, territory, existence,
2519 or jurisdiction of the district .
2520 (29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
2521 DISCLOSURE TO PURCHASER.—Subsequent to the creation of this
2522 district under this act, each contract for the initial sale of
2523 a parcel of real property and each contract for the initial
2524 sale of a residential unit within the district shall include,
2525 immediately prior to the space reserved in the contract for
2526 the signature of the purchaser, the following disclosure
2527 statement in boldfaced and conspicuous type which is larger
2528 than the type in the remaining text of the contract : "THE
2529 CORKSCREW GROVE STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES
2530 OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS
2531 PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE
2532 CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN
2533 PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT AND
2534 ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE
2535 TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
2536 LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES
2537 AND ASSESSMENTS PROVIDED FOR BY LAW. "
2538 (30) NOTICE OF CREATION AND ESTABLISHMENT.—Within 30
2539 days after the election of the first board of supervisors
2540 creating this district, the district shall cause to be
2541 recorded in the grantor-grantee index of the property records
2542 in Collier County a "Notice of Creation and Establishment of
2543 the Corkscrew Grove Stewardship District . " The notice shall,
2544 at a minimum, include the legal description of the property
2545 covered by this act .
2546 (31) DISTRICT PROPERTY PUBLIC; FEES .—Any system,
2547 facility, service, works, improvement, project, or other
2548 infrastructure owned by the district, or funded by federal tax
2549 exempt bonding issued by the district, is public; and the
2550 district by rule may regulate, and may impose reasonable
2551 charges or fees for, the use thereof, but not to the extent
2552 that such regulation or imposition of such charges or fees
2553 constitutes denial of reasonable access .
2554 Section 7 . If any provision of this act is determined
2555 unconstitutional or otherwise determined invalid by a court of
2556 law, all the rest and remainder of the act shall remain in
2557 full force and effect as the law of this state .
2558 Section 8 . This act shall take effect upon becoming a
2559 law, except that the provisions of this act which authorize
2560 the levy of ad valorem taxation shall take effect only upon
2561 express approval by a majority vote of those qualified
2562 electors of the Corkscrew Grove Stewardship District, as
2563 required by Section 9 of Article VII of the State
2564 Constitution, voting in a referendum election held at such
2565 time as all members of the board are qualified electors who
2566 are elected by qualified electors of the district as provided
2567 in this act .