CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 1 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Sarasota County; creating the Three 2
Rivers Stewardship District; providing a short title, 3
legislative findings and intent, and definitions; 4
establishing compliance with minimum requirements in 5
s. 189.031(3), F.S., for creation of an inde pendent 6
special district; providing for creation and 7
establishment of the district; establishing the legal 8
boundaries of the district; providing for the 9
jurisdiction and charter of the district; providing 10
for a governing board; providing for membership, 11
election, and terms of office; providing for meetings; 12
providing administrative duties of the board; 13
providing a method for transition of the board from 14
landowner control to control by the resident electors 15
of the district; providing for a district manager a nd 16
district personnel; providing for a district 17
treasurer, selection of a public depository, and 18
district budgets and financial reports; providing for 19
the general powers of the district; providing for the 20
special powers of the district to plan, finance, an d 21
provide community infrastructure and services within 22
the district; providing that the exercise of the 23
special powers by the district is limited until such 24
time as the district enters into an interlocal 25
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 2 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agreement with Sarasota County; providing for bonds; 26
providing for borrowing; providing for future ad 27
valorem taxation; providing for special assessments; 28
providing for issuance of certificates of 29
indebtedness; providing for tax liens; providing for 30
competitive procurement; providing for fees and 31
charges; providing for amending the charter; providing 32
for required notices to purchasers of residential 33
units within the district; defining the term "district 34
public property"; providing for merger; providing for 35
construction; providing severability; providing for a 36
referendum; providing an effective date. 37
38
Be It Enacted by the Legislature of the State of Florida: 39
40
Section 1. This act may be cited as the "Three Rivers 41
Stewardship District Act." 42
Section 2. Legislative findings and intent; definitions; 43
policy.— 44
(1) LEGISLATIVE INTENT; PURPOSE OF THE DISTRICT. — 45
(a) The lands located wholly within Sarasota County 46
covered by this act contain many opportunities for thoughtful, 47
comprehensive, responsible, and consistent development over a 48
long period. 49
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 3 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) There is a need to use a single special and limited 50
purpose independent special district unit of local government 51
for the Three Rivers Stewardship District lands located within 52
Sarasota County to provide for a more comprehensive community 53
development approach, which will facilitate an integral 54
relationship among regional transportation, land use, and urban 55
design to provide for a diverse mix of housing and regional 56
employment and economic development opportunities, rather than 57
fragmented development with un derutilized infrastructure which 58
is generally associated with urban sprawl. 59
(c) There is a considerably long period of time during 60
which there is a significant burden to provide various systems, 61
facilities, and services to the initial landowners of the T hree 62
Rivers Stewardship District lands, such that there is a need for 63
flexible management, sequencing, timing, and financing of the 64
various systems, facilities, and services to be provided to 65
these lands, taking into consideration absorption rates, 66
commercial viability, and related factors. Therefore, extended 67
control by the initial landowner with regard to the provision of 68
systems, facilities, and services for the Three Rivers 69
Stewardship District lands, coupled with the special and single 70
purpose of such district, is in the public interest. 71
(d) While chapter 190, Florida Statutes, provides an 72
opportunity for previous community development services and 73
facilities to be provided by the continued use of community 74
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 4 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
development districts in a manner that furth ers the public 75
interest, given the size of the Three Rivers Stewardship 76
District lands and the duration of development continuing to 77
utilize multiple community development districts over these 78
lands which would result in an inefficient, duplicative, and 79
needless proliferation of local special purpose governments, 80
contrary to the public interest and the Legislature's findings 81
in chapter 190, Florida Statutes, it is in the public interest 82
that the long-range provision for, and management, financing, 83
and long-term maintenance, upkeep, and operation of, services 84
and facilities to be provided for ultimate development and 85
conservation of the lands covered by this act be under one 86
coordinated entity. The creation of an independent special 87
district will assist in in tegrating the management of state 88
resources and allow for greater and more coordinated stewardship 89
of natural resources. 90
(e) The existence and use of a special and limited purpose 91
local government for the Three Rivers Stewardship District 92
lands, subject to the Sarasota County comprehensive plan, will 93
provide for a comprehensive and complete community development 94
approach to promote a sustainable and efficient land use pattern 95
for the Three Rivers Stewardship District lands with long -term 96
planning for conservation and development; provide opportunities 97
for the mitigation of impacts and development of infrastructure 98
in an orderly and timely manner; prevent the overburdening of 99
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 5 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the local general purpose government and the taxpayers; and 100
provide an enhanced ta x base and regional employment and 101
economic development opportunities. 102
(f) The creation and establishment of the special district 103
will encourage local government financial self -sufficiency in 104
providing public facilities and in identifying and implementin g 105
fiscally sound, innovative, and cost -effective techniques to 106
provide and finance public facilities while encouraging 107
coordinated development of capital improvement plans by all 108
levels of government, in accordance with the goals of chapter 109
187, Florida Statutes. 110
(g) The creation and establishment of a special and single 111
purpose independent district is a legitimate supplemental and 112
alternative method available to manage, own, operate, construct, 113
and finance capital infrastructure systems, facilities, and 114
services. 115
(h) In order to be responsive to the critical timing 116
required through the exercise of its special management 117
functions, an independent special district requires financing of 118
those functions, including bondable lienable and nonlienable 119
revenue, with full and continuing public disclosure and 120
accountability, funded by landowners, both present and future, 121
and funded also by users of the systems, facilities, and 122
services provided to the land area by the special district, 123
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 6 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
without unduly burdening the taxpayers, citizens, and ratepayers 124
of the state or Sarasota County. 125
(i) The special district created and established by this 126
act shall not have or exercise any comprehensive planning, 127
zoning, or development permitting power; the establishment of 128
the special district is not considered a development order 129
within the meaning of part 1 of chapter 380, Florida Statutes; 130
and all applicable planning and permitting laws, rules, 131
regulations, and policies of Sarasota County control the 132
development of the land to b e serviced by the special district, 133
including, but not limited, Sarasota County's provision of water 134
and wastewater service, fire prevention and control services, 135
law enforcement services, and mosquito and arthropod control 136
services and other similar servi ces provided by Sarasota County. 137
(j) The creation by this act of the Three Rivers 138
Stewardship District is not inconsistent with the Sarasota 139
County comprehensive plan. 140
(k) It is the legislative intent and purpose that no debt 141
or obligation of the special district constitute a burden on 142
Sarasota County. 143
(2) DEFINITIONS.—As used in this act: 144
(a) "Ad valorem bonds" means bonds that are payable from 145
the proceeds of ad valorem taxes levied on real and tangible 146
personal property and that are generall y referred to as general 147
obligation bonds. 148
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 7 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) "Assessable improvements" means, without limitation, 149
any and all public improvements and community facilities that 150
the district is empowered to provide in accordance with this act 151
that provide a special bene fit to property within the district. 152
(c) "Assessment bonds" means special obligations of the 153
district which are payable solely from proceeds of the special 154
assessments or benefit special assessments levied for assessable 155
improvements, provided that, in l ieu of issuing assessment bonds 156
to fund the costs of assessable improvements, the district may 157
issue revenue bonds for such purposes payable from assessments. 158
(d) "Assessments" means nonmillage district assessments 159
including special assessments, benefit special assessments, and 160
maintenance special assessments and a nonmillage, non -ad valorem 161
maintenance tax if authorized by general law. 162
(e) "Benefit special assessments" means district 163
assessments imposed, levied, and collected pursuant section 6. 164
(f) "Board of supervisors" or "board" means the governing 165
body of the district or, if such board has been abolished, the 166
board, body, or commission assuming the principal functions 167
thereof or to whom the powers given to the board by this act 168
have been given by general law. 169
(g) "Bond" includes "certificate," and the provisions that 170
are applicable to bonds are equally applicable to certificates. 171
The term also includes any general obligation bond, assessment 172
bond, refunding bond, revenue bond, bond anticipation n ote, and 173
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 8 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other such obligation in the nature of a bond as is provided for 174
in this act. 175
(h) "Cost" or "costs," when used in reference to any 176
project, includes, but is not limited to: 177
1. The expenses of determining the feasibility or 178
practicability of ac quisition, construction, or reconstruction. 179
2. The cost of surveys, estimates, plans, and 180
specifications. 181
3. The cost of improvements. 182
4. Engineering, architectural, fiscal, and legal expenses 183
and charges. 184
5. The cost of all labor, materials, machi nery, and 185
equipment. 186
6. The cost of all lands, properties, rights, easements, 187
and franchises acquired. 188
7. Financing charges. 189
8. The creation of initial reserve and debt service funds. 190
9. Working capital. 191
10. Interest charges incurred or estimated to be incurred 192
on money borrowed before and during construction and acquisition 193
and for such reasonable period of time after completion of 194
construction or acquisition as the board may determine. 195
11. The cost of issuance of bonds pursuant to this act, 196
including advertisements and printing. 197
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 9 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12. The cost of any bond or tax referendum held pursuant 198
to this act and all other expenses of the issuance of bonds. 199
13. The discount, if any, on the sale or exchange of 200
bonds. 201
14. Administrative expenses. 202
15. Such other expenses as may be necessary or incidental 203
to the acquisition, construction, or reconstruction of any 204
project, or to the financing thereof, or to the development of 205
any lands within the district. 206
16. Payments, contributions, dedications, and a ny other 207
exactions required as a condition of receiving any governmental 208
approval or permit necessary to accomplish any district purpose. 209
17. Any other expense or payment permitted by this act or 210
allowable by general law. 211
(i) "District" means the Three Rivers Stewardship 212
District. 213
(j) "District manager" means the manager of the district. 214
(k) "District roads" means highways, streets, roads, 215
alleys, intersection improvements, sidewalks, crossings, 216
landscaping, irrigation, signage, signalization, storm drains, 217
bridges, multiuse trails, lighting, and thoroughfares of all 218
kinds. 219
(l) "General obligation bonds" means bonds which are 220
secured by, or provide for their payment by, the pledge of the 221
full faith and credit and taxing power of the district. 222
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 10 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(m) "General-purpose local government" means a county, 223
municipality or consolidated city -county government. 224
(n) "Governing board member" means any member of the board 225
of supervisors. 226
(o) "Land development regulations" means those regulations 227
of the general purpose local government, adopted under the 228
Community Planning Act, codified as part II of chapter 163, 229
Florida Statutes, to which the district is subject and as to 230
which the district may not do anything that is inconsistent 231
therewith. Land development r egulations are not considered 232
specific management, engineering, operations, or capital 233
improvement planning, needed in the daily management, 234
implementation, and supplying by the district of systems, 235
facilities, services, works, improvements, projects, or 236
infrastructure, so long as they remain subject to and are not 237
inconsistent with the applicable county codes. 238
(p) "Landowner" means the owner of a freehold estate as it 239
appears on the deed record, including a trustee, a private 240
corporation, and an owner of a condominium unit. "Landowner" 241
does not include a reversioner, remainderman, mortgagee, or any 242
governmental entity which is not counted and does not need to be 243
notified of proceedings under this act. "Landowner" also means 244
the owner of a ground lease fro m a governmental entity, which 245
leasehold interest has a remaining term, excluding all renewal 246
options, in excess of 50 years. 247
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 11 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(q) "Maintenance special assessments" are assessments 248
imposed, levied, and collected pursuant to section 6. 249
(r) "Non-ad valorem assessment" means only those 250
assessments which are not based upon millage and which can 251
become a lien against a homestead as permitted in s. 4, Art. X 252
of the State Constitution. 253
(s) "Three Rivers Stewardship District" means the special 254
and single-purpose independent special district unit of local 255
government and political subdivision created and chartered by 256
this act, and limited to the performance of those general and 257
special powers authorized by its charter under this act, the 258
boundaries of which are s et forth by the act, the governing 259
board of which is created and authorized to operate with legal 260
existence by this act, and the purpose of which is as set forth 261
in this act. 262
(t) "Powers" means powers used and exercised by the board 263
of supervisors to acc omplish the special and limited purpose of 264
the district, including: 265
1. "General powers," which means those organizational and 266
administrative powers of the district as provided in its charter 267
in order to carry out its special and limited purposes as a 268
local government public corporate body politic. 269
2. "Special powers," which means those powers provided by 270
the district charter to implement its specialized systems, 271
facilities, services, projects, improvements, and infrastructure 272
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 12 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and related functions in or der to carry out its special and 273
limited purposes. 274
3. Any other powers, authority, or functions set forth in 275
this act. 276
(u) "Project" means any development, improvement, 277
property, power, utility, facility, enterprise, service, system, 278
works, or infrastructure now existing or hereafter undertaken or 279
established under this act. 280
(v) "Qualified elector" means any person at least 18 years 281
of age who is a citizen of the United States and a legal 282
resident of the state and of the district and who registers to 283
vote with the Supervisor of Elections in Sarasota County and 284
resides in Sarasota County. 285
(w) "Reclaimed water" means water, including from wells or 286
stormwater management facilities, that has received at least 287
secondary treatment and basic disinfection an d is reused after 288
flowing out of a domestic wastewater treatment facility or 289
otherwise reused as an approved use of surface water or 290
groundwater by the water management district. 291
(x) "Reclaimed water system" means any plant, well, system, 292
facility, or property, and any addition, extension, or 293
improvement thereto at any future time constructed or acquired 294
as part thereof, useful, necessary, or having the present 295
capacity for future use in connection with the development of 296
sources, treatment, purification, or distribution of reclaimed 297
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 13 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
water. The term includes franchises of any nature relating to 298
any such system and necessary or convenient for the operation 299
thereof including for the district's own use or resale. 300
(y) "Refunding bonds" means bonds issued to r efinance 301
outstanding bonds of any type and the interest and redemption 302
premium thereon. Refunding bonds may be issuable and payable in 303
the same manner as refinanced bonds, except that no approval by 304
the electorate shall be required unless required by the S tate 305
Constitution. 306
(z) "Revenue bonds" means obligations of the district that 307
are payable from revenues, including, but not limited to, 308
special assessments and benefit special assessments, derived 309
from sources other than ad valorem taxes on real or tangi ble 310
personal property and that do not pledge the property, credit, 311
or general tax revenue of the district. 312
(aa) "Sewer system" means any plant, system, facility, or 313
property, and additions, extensions, and improvements thereto at 314
any future time construc ted or acquired as part thereof, useful 315
or necessary or having the present capacity for future use in 316
connection with the collection, treatment, purification, or 317
disposal of sewage, including, but not limited to, industrial 318
wastes resulting from any proces s of industry, manufacture, 319
trade, or business or from the development of any natural 320
resource. The term also includes treatment plants, pumping 321
stations, lift stations, valves, force mains, intercepting 322
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 14 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sewers, laterals, pressure lines, mains, and all nec essary 323
appurtenances and equipment; all sewer mains, laterals, and 324
other devices for the reception and collection of sewage from 325
premises connected therewith; and all real and personal property 326
and any interest therein, and rights, easements, and franchise s 327
of any nature relating to any such system and necessary or 328
convenient for operation thereof. 329
(bb) "Special assessments" means assessments as imposed, 330
levied, and collected by the district for the costs of 331
assessable improvements pursuant to this act, c hapter 170, 332
Florida Statutes, and the additional authority under s. 333
197.3631, Florida Statutes, or any other provision of general 334
law, now or hereinafter enacted, which provide or authorize a 335
supplemental means to impose, levy, or collect special 336
assessments. 337
(cc) "Taxes" or "tax" means those levies and impositions 338
of the board of supervisors that support and pay for government 339
and the administration of general law and that may be: 340
1. Ad valorem or property taxes based upon both the 341
appraised value of p roperty and millage, at a rate uniform 342
within the jurisdiction; or 343
2. If and when authorized by general law, non -ad valorem 344
maintenance taxes not based on millage that are used to maintain 345
district systems, facilities, and services. 346
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 15 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(dd) "Water system" means any plant, system, facility, or 347
property, and any addition, extension, or improvement thereto at 348
any future time constructed or acquired as a part thereof, 349
useful, necessary, or having the present capacity for future use 350
in connection with the devel opment of sources, treatment, 351
purification, or distribution of water. The term also includes 352
dams, reservoirs, storage tanks, mains, lines, valves, pumping 353
stations, laterals, and pipes for the purpose of carrying water 354
to the premises connected with such system, and all rights, 355
easements, and franchises of any nature relating to any such 356
system and necessary or convenient for the operation thereof. 357
(3) POLICY.—Based upon its findings, ascertainments, 358
determinations, intent, purpose, and definitions, the 359
Legislature states its policy expressly: 360
(a) The district and the district charter, with its 361
general and special powers, as created in this act, are 362
essential and the best alternative for the residential, 363
commercial, office, hotel, health care, and other similar 364
community uses, projects, or functions in the included portion 365
of Sarasota County consistent with the effective comprehensive 366
plan, and designed to serve a lawful public purpose. 367
(b) The district, which is a local government and a 368
political subdivision, is limited to its special purpose as 369
expressed in this act, with the power to provide, plan, 370
implement, construct, maintain, and finance as a local 371
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 16 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
government management entity systems, facilities, services, 372
improvements, infrastructure, and proje cts, and possessing 373
financing powers to fund its management power over the long term 374
and with sustained levels of high quality. 375
(c) The creation of the Three Rivers Stewardship District 376
by and pursuant to this act, and its exercise of its management 377
and related financing powers to implement its limited, single, 378
and special purpose, is not a development order and does not 379
trigger or invoke any provision within the meaning of chapter 380
380, Florida Statutes, and all applicable governmental planning, 381
environmental, and land development laws, regulations, rules, 382
policies, and ordinances apply to all development of the land 383
within the jurisdiction of the district as created by this act. 384
(d) The district shall operate and function subject to, 385
and not inconsistent with, the applicable comprehensive plan of 386
Sarasota County and any applicable development orders, (e.g. 387
detailed site plan development orders), zoning regulations, and 388
other land development regulations. 389
(e) The special and single purpose Three Rivers 390
Stewardship District does not have the power of a general -391
purpose local government to adopt a comprehensive plan or 392
related land development regulation as those terms are defined 393
in the Community Planning Act. 394
(f) This act may be amended, in whole or in part, only by 395
special act of the Legislature. The board of supervisors of the 396
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 17 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
district may not ask the Legislature to amend this act without 397
first obtaining a resolution or official statement from the 398
district and Sarasota County as provided in s. 189.031( 2)(e)4., 399
Florida Statutes, for the creation of an independent special 400
district. 401
Section 3. Minimum charter requirements; creation and 402
establishment; jurisdiction; construction; charter. — 403
(1) Pursuant to s. 189.031(3), Florida Statutes, the 404
Legislature sets forth that the minimum requirements in 405
paragraphs (a) through (o) have been met in the identified 406
provisions of this act as follows: 407
(a) The purpose of the district is provided in subsection 408
(4) and this section. 409
(b) The powers, functions, and d uties of the district 410
regarding ad valorem taxation, bond issuance, other revenue - 411
raising capabilities, budget preparation and approval, liens and 412
foreclosure of liens, use of tax deeds and tax certificates as 413
appropriate for non-ad valorem assessments, a nd contractual 414
agreements are provided in section 6. 415
(c) The methods for establishing the district are provided 416
in this section. 417
(d) The methods for amending the charter of the district 418
are provided in this section. 419
(e) The membership and organizatio n of the governing body 420
and the establishment of a quorum are provided in section 5. 421
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 18 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(f) The maximum compensation of board members is provided 422
in section 6. 423
(g) The administrative duties of the governing body are 424
provided in section 6. 425
(h) The requirements for financial disclosure, noticing, 426
and reporting are provided in section 6. 427
(i) The procedures and requirements for issuing bonds are 428
provided in section 6. 429
(j) The requirements for elections or referendums and 430
qualifications of an elector of t he district are provided in 431
this section and section 6. 432
(k) The methods for financing the district are provided in 433
section 6. 434
(l) Other than taxes levied for the payment of bonds and 435
taxes levied for periods of up to 2 years when authorized by a 436
vote of the electors of the district, the authority to levy ad 437
valorem tax and the authorized millage rate are provided in 438
section 6. 439
(m) The methods for collecting non -ad valorem assessments, 440
fees, or service charges are provided in section 6. 441
(n) The requirements for planning are provided in this 442
section and section 6. 443
(o) The geographic boundary limitations of the district 444
are provided in sections 5 and 6. 445
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 19 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) The Three Rivers Stewardship District is created and 446
incorporated as a public body corporate and politic, an 447
independent special and limited purpose local government, an 448
independent special district, under s. 189.031, Florida 449
Statutes, and as defined in this act and in s. 189.012(3), 450
Florida Statutes, in and for portions of Sarasota County. Any 451
amendments to chapter 190, Florida Statutes, after January 1, 452
2023, granting additional general powers, special powers, 453
authorities, or projects to a community development district by 454
amendment to its uniform charter contained in ss. 190.006 -455
190.041, Florida Statutes, which are not inconsistent with this 456
act, shall constitute a general power, special power, authority, 457
or function of the Three Rivers Stewardship District; provided, 458
however, that the exercise of any such additional powers shall 459
be subject to the requirement that the district execute or amend 460
an interlocal agreement with Sarasota County consenting to the 461
exercise of any such additional powers as provided in this act. 462
All notices for the enactment by the Legislature of this special 463
act have been provided pursuant to the State Constitution, the 464
Laws of Florida, and the rules of the House of Representatives 465
and of the Senate. A referendum subsequent to the effective date 466
of this act is not required as a condition of establishing the 467
district. Therefore, the district, as created by this act, is 468
established on the property described in this act. 469
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 20 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) The territorial boundary of the district shall embrace 470
and include all of that certain real property described in 471
section 6. 472
(4) The jurisdiction of t he district, in the exercise of 473
its general and special powers, and in the carrying out of its 474
special and limited purposes, is both within the external 475
boundaries of the legal description of this district and 476
extraterritorially when limited to, and as aut horized expressly 477
elsewhere in, the charter of the district as created in this act 478
or applicable general law. This special and limited purpose 479
district is created as a public body corporate and politic, and 480
local government authority and power is limited b y its charter, 481
this act, and subject to other general laws, including chapter 482
189, Florida Statutes, except that an inconsistent provision in 483
this act shall control and the district has jurisdiction to 484
perform such acts and exercise such authorities, funct ions, and 485
powers as shall be necessary, convenient, incidental, proper, or 486
reasonable for the implementation of its special and limited 487
purpose regarding the sound planning, provision, acquisition, 488
development, operation, maintenance, and related financing of 489
those public systems, facilities, services, improvements, 490
projects, and infrastructure works as authorized herein, 491
including those necessary and incidental thereto. The district 492
shall only exercise any of its powers extraterritorially within 493
Sarasota County after execution of an interlocal agreement 494
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 21 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
between the district and Sarasota County consenting to the 495
district's exercise of any of such powers within Sarasota County 496
or an applicable development order or as part of other land 497
development regulations issued by Sarasota County. 498
(5) The exclusive charter of the Three Rivers Stewardship 499
District is this act and, except as otherwise provided in 500
subsection (2), may be amended only by special act of the 501
Legislature. 502
Section 4. Formation; boundaries. —The Three Rivers 503
Stewardship District, an independent special district, is 504
created and incorporated in Sarasota County and shall embrace 505
and include the territory described as: 506
507
DESCRIPTION (as prepared by the certifying Surveyor 508
and Mapper): 509
A tract of land of lying in Sections 16, 20, 21, 28, 510
29 & 32, Township 37 South, Range 19 East, Sarasota 511
County, Florida, being more particularly described as 512
follows: 513
BEGIN at the northernmost corner of LT Ranch 514
Neighborhood One recorded in Plat Book 53, Page 175 of 515
the Public Records of Sarasota County, Florida; the 516
following nine (9) calls are along the westerly 517
boundary line of said LT Ranch Neighborhood One: (1) 518
thence S.34°10'43"W., a distance of 1,104.05 feet to a 519
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 22 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
point of curvature of a curve to the left havin g a 520
radius of 2,865.00 feet and a central angle of 521
33°39'37"; (2) thence Southerly along the arc of said 522
curve, a distance of 1,683.14 feet, to the point of 523
tangency of said curve; (3) thence S.00°31'06"W., a 524
distance of 255.04 feet to a point of curvature of a 525
curve to the right having a radius of 955.00 feet and 526
a central angle of 24°06'58"; (4) thence Southerly 527
along the arc of said curve, a distance of 401.96 528
feet, to the point of tangency of said curve; (5) 529
thence S.24°38'04"W., a distance of 694.50 f eet to the 530
point of curvature of a non -tangent curve to the left, 531
having a radius of 955.09 feet and a central angle of 532
31°14'51"; (6) thence Southerly along the arc of said 533
curve, a distance of 520.88 feet, said curve having a 534
chord bearing and distance o f S.09°18'38"W., 514.45 535
feet, to the point of tangency of said curve; (7) 536
thence S.06°18'48"E., a distance of 1,214.80 feet to 537
the point of curvature of a non -tangent curve to the 538
right, having a radius of 955.00 feet and a central 539
angle of 69°53'06"; (8) thence Southwesterly along the 540
arc of said curve, a distance of 1,164.84 feet, said 541
curve having a chord bearing and distance of 542
S.28°37'10"W., 1,093.96 feet, to the point of tangency 543
of said curve; (9) thence S.63°33'43"W., along said 544
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 23 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
westerly boundary an d the extension thereof, a 545
distance of 390.82 feet to a point of curvature of a 546
curve to the left having a radius of 955.00 feet and a 547
central angle of 49°33'39"; the following seven (7) 548
calls are along the centerline of a 150 -foot wide 549
Access Easement, recorded in Official Record 550
Instrument Number 2015078648 of said Public Records; 551
(1) thence Southwesterly along the arc of said curve, 552
a distance of 826.07 feet, to the point of tangency of 553
said curve; (2) thence S.14°00'06"W., a distance of 554
1,573.41 feet to a point of curvature of a curve to 555
the right having a radius of 955.00 feet and a central 556
angle of 75°26'47"; (3) thence Southwesterly along the 557
arc of said curve, a distance of 1,257.53 feet, to the 558
point of tangency of said curve; (4) thence 559
S.89°26'53"W., a distance of 400.65 feet to a point of 560
curvature of a curve to the left having a radius of 561
694.00 feet and a central angle of 89°57'53"; (5) 562
thence Southwesterly along the arc of said curve, a 563
distance of 1,089.71 feet, to the point of tangency of 564
said curve; (6) thence S.00°31'00"E., a distance of 565
1,416.57 feet; (7) thence S.00°33'01"W., a distance of 566
2691.22 feet to the end of said 150 -foot wide Access 567
Easement, also being a point on the easterly line of 568
aforementioned Section 32; thence S.00°35'45" W., 569
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 24 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
along the easterly line of said Section 32, a distance 570
of 2690.82 feet to the southeast corner of said 571
Section 32; thence N.89°34'53"W., along the southerly 572
line of said Section 32, a distance of 5,348.98 feet 573
to the southwest corner of said Section 32 ; thence 574
N.01°29'58"E., along the westerly line of said Section 575
32, a distance of 5,355.02 feet to the southwest 576
corner of the aforementioned Section 29; thence 577
N.01°03'48"W., along the westerly line of said Section 578
29, a distance of 5,373.24 feet to the southwest 579
corner of the aforementioned Section 20; thence 580
N.88°56'12"E., a distance of 25.00 feet to the east 581
line of Ibis Street, recorded in Official Record Book 582
60, Page 196 of said Public Records; thence 583
N.00°21'49"W., along said east line, a dista nce of 584
5,396.54 feet to the north line of said Section 20; 585
thence S.89°33'38"E., a distance of 5,323.34 feet to 586
the southwest corner of the aforementioned Section 16; 587
thence N.00°24'46"E., along the west line of said 588
Section 16, a distance of 1,320.36 feet ; thence 589
S.89°52'39"E., a distance of 2,660.98 feet; thence 590
N.00°53'16"E., a distance of 1,295.00 feet to the 591
south right-of-way line of Clark Road, State Road 72; 592
thence S.55°49'33"E., along said south right -of-way 593
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 25 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
line, a distance of 3,081.77 feet to the POINT OF 594
BEGINNING. 595
Said tract of land contains 2,802.19 acres, more or 596
less. 597
598
LESS AND EXCEPT: (The School Board of Sarasota County, 599
Florida - Official Record Instrument #2020093694) 600
A parcel of land lying in Section 21, Township 37 601
South, Range 19 East, Sarasota County, Florida, and 602
being more particularly described as follows: 603
COMMENCE at the Northeast corner of said Section 21, 604
run thence along the North boundary of said Section 605
21, N.89°41'18"W., a distance of 766.13 feet to a 606
point on a curve on the Westerly boundary of the 150 -607
foot Access Easement, according to Official Records 608
Instrument Number 2015078648, of the Public Records of 609
Sarasota County, Florida; thence along said Westerly 610
boundary of the 150-foot Access Easement, the 611
following eight (8) c ourses: 1) Southerly, 1683.76 612
feet along the arc of a non -tangent curve to the left 613
having a radius of 2940.00 feet and a central angle of 614
32°48'50" (chord bearing S.16°55'31"W., 1660.85 feet); 615
2) S.00°31'06"W., a distance of 255.04 feet; 3) 616
Southerly, 370.40 feet along the arc of a tangent 617
curve to the right having a radius of 880.00 feet and 618
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 26 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a central angle of 24°06'58" (chord bearing 619
S.12°34'35"W., 367.67 feet); 4) S.24°38'04"W., a 620
distance of 699.55 feet; 5) Southerly, 78.13 feet 621
along the arc of a tang ent curve to the left having a 622
radius of 1030.00 feet and a central angle of 623
04°20'47" (chord bearing S.22°27'40"W., 78.12 feet) to 624
the POINT OF BEGINNING; 6) Southerly, 478.21 feet 625
along the arc of a non -tangent curve to the left 626
having a radius of 1030.0 0 feet and a central angle of 627
26°36'05" (chord bearing S.06°59'14"W., 473.93 feet); 628
7) S.06°18'48"E., a distance of 1214.80 feet; 8) 629
Southerly, 172.95 feet along the arc of a tangent 630
curve to the right having a radius of 880.00 feet and 631
a central angle of 11°15'37" (chord bearing 632
S.00°40'59"E., 172.67 feet); thence Southwesterly, 633
41.76 feet along the arc of a compound curve to the 634
right having a radius of 25.00 feet and a central 635
angle of 95°42'19" (chord bearing S.52°47'59"W., 37.07 636
feet); thence N.79°20'5 2"W., a distance of 132.30 637
feet; thence Northwesterly, 670.59 feet along the arc 638
of a tangent curve to the right having a radius of 639
940.00 feet and a central angle of 40°52'28" (chord 640
bearing N.58°54'38"W., 656.46 feet); thence 641
Northwesterly, 953.27 feet a long the arc of a reverse 642
curve to the left having a radius of 1060.00 feet and 643
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 27 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a central angle of 51°31'36" (chord bearing 644
N.64°14'12"W., 921.47 feet); thence N.90°00'00"W., a 645
distance of 178.46 feet; thence N.00°00'00"E., a 646
distance of 1497.37 feet; then ce N.90°00'00"E., a 647
distance of 546.03 feet; thence Easterly, 619.13 feet 648
along the arc of a tangent curve to the right having a 649
radius of 1440.00 feet and a central angle of 650
24°38'04" (chord bearing S.77°40'58"E., 614.37 feet); 651
thence S.65°21'56"E., a dis tance of 542.10 feet; 652
thence Southeasterly, 37.37 feet along the arc of a 653
tangent curve to the right having a radius of 25.00 654
feet and a central angle of 85°39'13" (chord bearing 655
S.22°32'20"E., 33.99 feet) to the POINT OF BEGINNING. 656
Containing 65.09 acres, more or less. 657
TOTAL DESCRIBED PARCEL CONTAINING 2,737.1 ACRES, MORE 658
OR LESS. 659
Being subject to any rights -of-way, restrictions and 660
easements of record. 661
Section 5. Board of supervisors; members and meetings; 662
organization; powers; duties; terms of office ; related election 663
requirements.— 664
(1) The board of the district shall exercise the powers 665
granted to the district pursuant to this act. The board shall 666
consist of five members, each of whom shall hold office for a 667
term of 4 years, as provided in this sec tion, except as 668
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 28 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
otherwise provided herein for initial board members, and until a 669
successor is chosen and qualified. The members of the board must 670
be residents of the state and citizens of the United States. 671
(2)(a) Within 90 days after the effective date of this 672
act, there shall be held a meeting of the landowners of the 673
district for the purpose of electing five supervisors for the 674
district. Notice of the landowners' meeting shall be published 675
in a newspaper of general circulation in the general area of th e 676
district once a week for 2 consecutive weeks, the last day of 677
such publication to be not fewer than 14 days nor more than 28 678
days before the date of the election. The landowners, when 679
assembled at such meeting, shall organize by electing a chair, 680
who shall conduct the meeting. The chair may be any person 681
present at the meeting. If the chair is a landowner or proxy 682
holder of a landowner, he or she may nominate candidates and 683
make and second motions. The landowners present at the meeting, 684
in person or by proxy, shall constitute a quorum. At any 685
landowners' meeting, 50 percent of the district acreage is not 686
required to constitute a quorum, and each governing board member 687
elected by landowners shall be elected by a majority of the 688
acreage represented either by owner or proxy present and voting 689
at said meeting. 690
(b) At such meeting, each landowner shall be entitled to 691
cast one vote per acre of land owned by him or her and located 692
within the district for each person to be elected. A landowner 693
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 29 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
may vote in person or by proxy in writing. Each proxy must be 694
signed by one of the legal owners of the property for which the 695
vote is cast and must contain the typed or printed name of the 696
individual who signed the proxy; the street address, legal 697
description of the property , or tax parcel identification 698
number; and the number of authorized votes. If the proxy 699
authorizes more than one vote, each property must be listed and 700
the number of acres of each property must be included. The 701
signature on a proxy need not be notarized. A fraction of an 702
acre shall be treated as 1 acre, entitling the landowner to one 703
vote with respect thereto. The three candidates receiving the 704
highest number of votes shall each be elected for terms expiring 705
November 14, 2028, and the two candidates receivi ng the next 706
highest number of votes shall each be elected for terms expiring 707
November 17, 2026, with the term of office for each successful 708
candidate commencing upon election. The members of the first 709
board elected by landowners shall serve their respectiv e terms; 710
however, the next election of board members shall be held on the 711
first Tuesday after the first Monday in November 2026. 712
Thereafter, there shall be an election by landowners for the 713
district every 2 years on the first Tuesday after the first 714
Monday in November, which shall be noticed pursuant to paragraph 715
(a). The second and subsequent landowners' election shall be 716
announced at a public meeting of the board at least 90 days 717
before the date of the landowners' meeting and shall also be 718
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 30 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
noticed pursuant to paragraph (a). Instructions on how all 719
landowners may participate in the election, along with sample 720
proxies, shall be provided during the board meeting that 721
announces the landowners' meeting. Each supervisor elected in or 722
after November 2026 shall se rve a 4-year term. 723
(3)(a)1. The board may not exercise the ad valorem taxing 724
power authorized by this act until such time as all members of 725
the board are qualified electors who are elected by qualified 726
electors of the district. 727
2.a. Regardless of wheth er the district has proposed to 728
levy ad valorem taxes, board members shall be elected by 729
qualified electors of the district as the district becomes 730
populated with qualified electors. The transition shall occur 731
such that the composition of the board, after the first general 732
election following a trigger of the qualified elector population 733
thresholds set forth below, shall be as follows: 734
(I) Once 5,981 qualified electors reside within the 735
district, one governing board member shall be a person who is a 736
qualified elector of the district and who was elected by the 737
qualified electors, and four governing board members shall be 738
persons who were elected by the landowners. 739
(II) Once 11,963 qualified electors reside within the 740
district, two governing board members s hall be persons who are 741
qualified electors of the district and who were elected by the 742
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 31 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
qualified electors, and three governing board members shall be 743
persons elected by the landowners. 744
(III) Once 17,944 qualified electors reside within the 745
district, three governing board members shall be persons who are 746
qualified electors of the district and who were elected by the 747
qualified electors and two governing board members shall be 748
persons who were elected by the landowners. 749
(IV) Once 23,926 qualified electors reside within the 750
district, four governing board members shall be persons who are 751
qualified electors of the district and who were elected by the 752
qualified electors and one governing board member shall be a 753
person who was elected by the landowners. 754
(V) Once 27,000 qualified electors reside within the 755
district, all five governing board members shall be persons who 756
are qualified electors of the district and who were elected by 757
the qualified electors. 758
Nothing in this sub-subparagraph is intended to require an 759
election prior to the expiration of an existing board member's 760
term. 761
b. On or before June 1 of each election year, the board 762
shall determine the number of qualified electors in the district 763
as of the immediately preceding April 15. The board shall use 764
and rely upon the official records maintained by the supervisor 765
of elections and property appraiser or tax collector in Sarasota 766
County in making this determination. Such determination shall be 767
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 32 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
made at a properly noticed meeting of the board and shall becom e 768
a part of the official minutes of the district. 769
c. All governing board members elected by qualified 770
electors shall be elected at large at an election occurring as 771
provided in subsection (2) and this subsection. 772
d. All governing board members elected by qualified 773
electors shall reside in the district. 774
e. Once the district qualifies to have any of its board 775
members elected by the qualified electors of the district, the 776
initial and all subsequent elections by the qualified electors 777
of the district shal l be held at the general election in 778
November. The board shall adopt a resolution, if necessary, to 779
implement this requirement. The transition process described 780
herein is intended to be in lieu of the process set forth in s. 781
189.041, Florida Statutes. 782
(b) Elections of board members by qualified electors held 783
pursuant to this subsection shall be nonpartisan and shall be 784
conducted in the manner prescribed by general law for holding 785
general elections. Board members shall assume the office on the 786
second Tuesday following their election. 787
(c) Candidates seeking election to office by qualified 788
electors under this subsection shall conduct their campaigns in 789
accordance with chapter 106, Florida Statutes, and shall file 790
qualifying papers and qualify for individual seats in accordance 791
with s. 99.061, Florida Statutes. 792
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 33 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) The supervisor of elections shall appoint the 793
inspectors and clerks of elections, prepare and furnish the 794
ballots, designate polling places, and canvass the returns of 795
the election of board membe rs by qualified electors. The county 796
canvassing board shall declare and certify the results of the 797
election. 798
(4) Members of the board, regardless of how elected, shall 799
be public officers, shall be known as supervisors, and, upon 800
entering into office, sha ll take and subscribe to the oath of 801
office as prescribed by s. 876.05, Florida Statutes. Members of 802
the board shall be subject to ethics and conflict of interest 803
laws of the state that apply to all local public officers. They 804
shall hold office for the ter ms for which they were elected or 805
appointed and until their successors are chosen and qualified. 806
If, during the term of office, a vacancy occurs, the remaining 807
members of the board shall fill each vacancy by an appointment 808
for the remainder of the unexpire d term. 809
(5) Any elected member of the board of supervisors may be 810
removed by the Governor for malfeasance, misfeasance, 811
dishonesty, incompetency, or failure to perform the duties 812
imposed upon him or her by this act, and any vacancies that may 813
occur in such office for such reasons shall be filled by the 814
Governor as soon as practicable. 815
(6) A majority of the members of the board constitutes a 816
quorum for the purposes of conducting its business and 817
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 34 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
exercising its powers and for all other purposes. Action ta ken 818
by the district shall be upon a vote of a majority of the 819
members present unless general law or a rule of the district 820
requires a greater number. 821
(7) As soon as practicable after each election or 822
appointment, the board shall organize by electing one of its 823
members as chair and by electing a secretary, who need not be a 824
member of the board, and such other officers as the board may 825
deem necessary. 826
(8) The board shall keep a permanent record book entitled 827
"Record of Proceedings of Three Rivers Stewards hip District," in 828
which shall be recorded minutes of all meetings, resolutions, 829
proceedings, certificates, bonds given by all employees, and any 830
and all corporate acts. The record book and all other district 831
records shall at reasonable times be opened to i nspection in the 832
same manner as state, county, and municipal records pursuant to 833
chapter 119, Florida Statutes. The record book shall be kept at 834
the office or other regular place of business maintained by the 835
board in a designated location in Sarasota Coun ty. 836
(9) Each supervisor may not be entitled to receive 837
compensation for his or her services in excess of the limits 838
established in s. 190.006(8), Florida Statutes, or any other 839
provision of general law; however, each supervisor shall receive 840
travel and per diem expenses as set forth in s. 112.061, Florida 841
Statutes. 842
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 35 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(10) All meetings of the board shall be open to the public 843
and governed by chapter 286, Florida Statutes. 844
Section 6. Board of supervisors; general duties. — 845
(1) DISTRICT MANAGER AND EMPLOYEES.—The board shall employ 846
and fix the compensation of a district manager, who shall have 847
charge and supervision of the works of the district and shall be 848
responsible for preserving and maintaining any improvement or 849
facility constructed or erected pursuant to this act, for 850
maintaining and operating the equipment owned by the district, 851
and for performing such other duties as may be prescribed by the 852
board. It is not a conflict of interest or an abuse of public 853
position under chapter 112, Florida Stat utes, for a board 854
member, the district manager, or another employee of the 855
district to be a stockholder, officer, or employee of a 856
landowner. The district manager may hire or otherwise employ and 857
terminate the employment of such other persons, including, 858
without limitation, professional, supervisory, and clerical 859
employees, as may be necessary and authorized by the board. The 860
compensation and other conditions of employment of the officers 861
and employees of the district shall be as provided by the board. 862
(2) TREASURER.—The board shall designate a person who is a 863
resident of the state as treasurer of the district, who shall 864
have charge of the funds of the district. Such funds shall be 865
disbursed only upon the order of or pursuant to a resolution of 866
the board by warrant or check countersigned by the treasurer and 867
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 36 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by such other person as may be authorized by the board. The 868
board may give the treasurer such other or additional powers and 869
duties as the board may deem appropriate and may fix his or her 870
compensation. The board may require the treasurer to give a bond 871
in such amount, on such terms, and with such sureties as may be 872
deemed satisfactory to the board to secure the performance by 873
the treasurer of his or her powers and duties. The financial 874
records of the board shall be audited by an independent 875
certified public accountant in accordance with the requirements 876
of general law. 877
(3) PUBLIC DEPOSITORY. —The board is authorized to select 878
as a depository for its funds any qualified public depository as 879
defined in s. 280.02, Florida Statutes, which meets all the 880
requirements of chapter 280, Florida Statutes, and has been 881
designated by the treasurer as a qualified public depository 882
upon such terms and conditions as to the payment of interest by 883
such depository upon the funds so deposited as the board may 884
deem just and reasonable. 885
(4) BUDGET; REPORTS AND REVIEWS. — 886
(a) The district shall provide financial reports in such 887
form and such manner as prescribed pursuant to this act and 888
chapter 218, Florida Statutes. 889
(b) On or before July 15 of each year, the district 890
manager shall prepare a proposed budget for the ensuing fiscal 891
year to be submitted to the board for board approval. The 892
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 37 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proposed budget shall include at the direction of the board an 893
estimate of all necessary expenditures of the district for the 894
ensuing fiscal year and an estimate of income to the district 895
from the taxes and assessments provided in this act. The board 896
shall consider the proposed budget item by item and may either 897
approve the budget as proposed by the district manager or modify 898
the same in part or in whole. The board shall indicate its 899
approval of the budget by resolution, which resolution shall 900
provide for a hearing on the budget as approved. Notice of the 901
hearing on the budget shall be publish ed in a newspaper of 902
general circulation in the general area of the district once a 903
week for 2 consecutive weeks, except that the first publication 904
shall be no fewer than 15 days before the date of the hearing. 905
The notice shall further contain a designatio n of the day, time, 906
and place of the public hearing. At the day, time, and place 907
designated in the notice, the board shall hear all objections to 908
the budget as proposed and may make such changes as the board 909
deems necessary. At the conclusion of the budget hearing, the 910
board shall, by resolution, adopt the budget as finally approved 911
by the board. The budget shall be adopted before October 1 of 912
each year. 913
(c) At least 60 days before adoption, the board of 914
supervisors of the district shall submit to the Boa rd of County 915
Commissioners of Sarasota County, for purposes of disclosure and 916
information only, the proposed annual budget for the ensuing 917
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 38 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
fiscal year, and the board of county commissioners may submit 918
written comments to the board of supervisors solely for the 919
assistance and information of the board of supervisors in 920
adopting its annual district budget. 921
(d) The board of supervisors shall submit annually a 922
public facilities report to the Board of County Commissioners of 923
Sarasota County pursuant to s. 189.0 8, Florida Statutes. The 924
board of county commissioners may use and rely on the district's 925
public facilities report in the preparation or revision of the 926
Sarasota County comprehensive plan. 927
(5) DISCLOSURE OF PUBLIC INFORMATION; WEB -BASED PUBLIC 928
ACCESS.—The district shall take affirmative steps to provide for 929
the full disclosure of information relating to the public 930
financing and maintenance of improvements to real property 931
undertaken by the district. Such information shall be made 932
available to all existing and prospective residents of the 933
district. The district shall furnish each developer of a 934
residential development within the district with sufficient 935
copies of that information to provide each prospective initial 936
purchaser of property in that development with a copy; and any 937
developer of a residential development within the district, when 938
required by general law to provide a public offering statement, 939
shall include a copy of such information relating to the public 940
financing and maintenance of improvements in the public offering 941
statement. The district shall file the disclosure documents 942
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 39 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
required by this subsection and any amendments thereto in the 943
property records of each county in which the district is 944
located. By the end of the first full fiscal year of t he 945
district's creation, the district shall maintain an official 946
Internet website in accordance with s. 189.069, Florida 947
Statutes. 948
(6) GENERAL POWERS. —The district shall have, and the board 949
may exercise, the following general powers: 950
(a) To sue and be s ued in the name of the district; to 951
adopt and use a seal and authorize the use of a facsimile 952
thereof; to acquire, by purchase, gift, devise, or otherwise, 953
and to dispose of, real and personal property, or any estate 954
therein; and to make and execute contra cts and other instruments 955
necessary or convenient to the exercise of its powers. 956
(b) To apply for coverage of its employees under the 957
Florida Retirement System in the same manner as if such 958
employees were state employees. 959
(c) To contract for the servic es of consultants to perform 960
planning, engineering, legal, or other appropriate services of a 961
professional nature. Such contracts shall be subject to public 962
bidding or competitive negotiation requirements as set forth in 963
general law applicable to independe nt special districts. 964
(d) To borrow money and accept gifts; to apply for and use 965
grants or loans of money or other property from the United 966
States, the state, a unit of local government, or any person for 967
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 40 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any district purposes and enter into agreements r equired in 968
connection therewith; and to hold, use, and dispose of such 969
moneys or property for any district purposes in accordance with 970
the terms of the gift, grant, loan, or agreement relating 971
thereto. 972
(e) To adopt and enforce rules and orders pursuant t o 973
chapter 120, Florida Statutes, prescribing the powers, duties, 974
and functions of the officers of the district; the conduct of 975
the business of the district; the maintenance of the records of 976
the district; and the form of certificates evidencing tax liens 977
of the district and all other documents and records of the 978
district. The board may also adopt and enforce administrative 979
rules with respect to any of the projects of the district and 980
define the area to be included therein. The board may also adopt 981
resolutions which may be necessary for the conduct of district 982
business. 983
(f) To maintain an office at such place or places as the 984
board of supervisors designates in Sarasota County and within 985
the district when facilities are available. 986
(g) To hold, control, and acquire by donation, purchase, 987
or condemnation, or dispose of, any public easements, 988
dedications to public use, platted reservations for public 989
purposes, or any reservations for those purposes authorized by 990
this act and to make use of such easements, dedi cations, or 991
reservations for the purposes authorized by this act. 992
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 41 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(h) To lease as lessor or lessee to or from any person, 993
firm, corporation, association, or body, public or private, any 994
projects of the type that the district is authorized to 995
undertake and facilities or property of any nature for the use 996
of the district to carry out the purposes authorized by this 997
act. 998
(i) To borrow money and issue bonds, certificates, 999
warrants, notes, or other evidence of indebtedness as provided 1000
herein; to levy such taxes and assessments as may be authorized; 1001
and to charge, collect, and enforce fees and other user charges. 1002
(j) To raise, by user charges or fees authorized by 1003
resolution of the board, amounts of money which are necessary 1004
for the conduct of district act ivities and services and to 1005
enforce their receipt and collection in the manner prescribed by 1006
resolution not inconsistent with general law. 1007
(k) To exercise all powers of eminent domain now or 1008
hereafter conferred on counties in this state; provided, 1009
however, that such power of eminent domain may not be exercised 1010
outside the territorial limits of the district unless the 1011
district receives prior approval by vote of a resolution of the 1012
governing body of the county if the taking will occur in an 1013
unincorporated area in that county, or the governing body of the 1014
city if the taking will occur in an incorporated area. The 1015
district does not have the power to exercise eminent domain over 1016
municipal, county, state, or federal property. The powers 1017
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 42 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
hereinabove granted to th e district shall be so construed to 1018
enable the district to fulfill the objects and purposes of the 1019
district as set forth in this act. 1020
(l) To cooperate with, or contract with, other 1021
governmental agencies as may be necessary, convenient, 1022
incidental, or proper in connection with any of the powers, 1023
duties, or purposes authorized by this act. 1024
(m) To assess and to impose upon lands in the district ad 1025
valorem taxes as provided by this act. 1026
(n) If and when authorized by general law, to determine, 1027
order, levy, impose, collect, and enforce maintenance taxes. 1028
(o) To determine, order, levy, impose, collect, and 1029
enforce assessments pursuant to this act and chapter 170, 1030
Florida Statutes, pursuant to authority granted in s. 197.3631, 1031
Florida Statutes, or pursuant t o other provisions of general law 1032
now or hereinafter enacted which provide or authorize a 1033
supplemental means to order, levy, impose, or collect special 1034
assessments. Such special assessments, at the discretion of the 1035
district, may be collected and enforced pursuant to ss. 197.3632 1036
and 197.3635, Florida Statutes, and chapters 170 and 173, 1037
Florida Statutes, as they may be amended from time to time, or 1038
as provided by this act, or by other means authorized by general 1039
law now or hereinafter enacted. The district may levy such 1040
special assessments for the purposes provided in this act and to 1041
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 43 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
pay special assessments imposed by Sarasota County on lands 1042
within the district. 1043
(p) To exercise such special powers and other express 1044
powers as may be authorized and granted by this act in the 1045
charter of the district, including powers as provided in any 1046
interlocal agreement entered into pursuant to chapter 163, 1047
Florida Statutes, or which shall be required or permitted to be 1048
undertaken by the district pursuant to any developmen t order, 1049
including any detailed specific area plan development order, or 1050
any interlocal service agreement with Sarasota County for fair -1051
share capital construction funding for any certain capital 1052
facilities or systems required of a developer pursuant to any 1053
applicable development order or agreement. 1054
(q) To exercise all of the powers necessary, convenient, 1055
incidental, or proper in connection with any other powers or 1056
duties or the special and limited purpose of the district 1057
authorized by this act. 1058
1059
This subsection shall be construed liberally in order to 1060
effectively carry out the special and limited purpose of this 1061
act. 1062
(7) SPECIAL POWERS. —The district shall have, and the board 1063
may exercise, the following special powers to implement its 1064
lawful and special p urpose and to provide, pursuant to that 1065
purpose, systems, facilities, services, improvements, projects, 1066
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 44 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
works, and infrastructure, each of which constitutes a lawful 1067
public purpose when exercised pursuant to this charter, subject 1068
to, and not inconsistent w ith, general law regarding utility 1069
providers' territorial and service agreements; the regulatory 1070
jurisdiction and permitting authority of all other applicable 1071
governmental bodies, agencies, and any special districts having 1072
authority with respect to any are a included therein; and to 1073
plan, establish, acquire, construct or reconstruct, enlarge or 1074
extend, equip, operate, finance, fund, and maintain 1075
improvements, systems, facilities, services, works, projects, 1076
and infrastructure. Any or all of the following spec ial powers 1077
that are granted by this act may not be exercised inconsistently 1078
with Sarasota County's rights, responsibilities, and powers and 1079
are granted in order to implement the special and limited 1080
purpose of the district but do not constitute obligations to 1081
undertake such improvements, systems, facilities, services, 1082
works, projects or infrastructure: 1083
(a) To provide water management and control for the lands 1084
within the district, including irrigation systems and 1085
facilities, and to connect some or any of su ch facilities with 1086
roads and bridges. In the event that the board assumes the 1087
responsibility for providing water management and control for 1088
the district which is to be financed by benefit special 1089
assessments, the board shall adopt plans and assessments 1090
pursuant to general law or may proceed to adopt water management 1091
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 45 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and control plans, assess for benefits, and apportion and levy 1092
special assessments as follows: 1093
1. The board shall cause to be made by the district's 1094
engineer, or such other engineer or enginee rs as the board may 1095
employ for that purpose, complete and comprehensive water 1096
management and control plans for the lands located within the 1097
district that will be improved in any part or in whole by any 1098
system of facilities that may be outlined and adopted, and the 1099
engineer shall make a report in writing to the board with maps 1100
and profiles of said surveys and an estimate of the cost of 1101
carrying out and completing the plans. 1102
2. Upon the completion of such plans, the board shall hold 1103
a hearing thereon to hea r objections thereto, shall give notice 1104
of the time and place fixed for such hearing by publication in a 1105
newspaper of general circulation in the general area of the 1106
district once a week for 2 consecutive weeks, and shall permit 1107
the inspection of the plan a t the office of the district by all 1108
persons interested. All objections to the plan shall be filed at 1109
or before the time fixed in the notice for the hearing and shall 1110
be in writing. 1111
3. After the hearing, the board shall consider the 1112
proposed plan and any objections thereto and may modify, reject, 1113
or adopt the plan or continue the hearing until a day certain 1114
for further consideration of the proposed plan or modifications 1115
thereof. 1116
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 46 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4. When the board approves a plan, a resolution shall be 1117
adopted and a certified copy thereof shall be filed in the 1118
office of the secretary and incorporated by him or her into the 1119
records of the district. 1120
5. The water management and control plan may be altered in 1121
detail from time to time until the engineer's report pursuant to 1122
s. 298.301, Florida Statutes, is filed, but not in such manner 1123
as to materially affect the conditions of its adoption. After 1124
the engineer's report has been filed, the plan may not be 1125
altered, except as provided by this act. 1126
6. Within 20 days after the fin al adoption of the plan by 1127
the board, the board shall proceed pursuant to s. 298.301, 1128
Florida Statutes. 1129
(b) To provide water supply, sewer, wastewater, and 1130
reclaimed water management, reclamation, and reuse, or any 1131
combination thereof, and any irrigation systems, facilities, and 1132
services and to construct and operate water systems, sewer 1133
systems, irrigation systems, and reclaimed water systems such as 1134
connecting intercepting or outlet sewers and sewer mains and 1135
pipes and water mains, conduits, or pipelines in, along, and 1136
under any street, alley, highway, or other public place or way, 1137
and to dispose of any water, effluent, residue, or other 1138
byproduct of such water system, sewer system, irrigation system, 1139
or reclaimed water system, and to enter into interloca l 1140
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 47 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agreements and other agreements with public or private entities 1141
for the same. 1142
(c) To provide any necessary bridges, culverts, wildlife 1143
corridors, or road crossings across any drain, ditch, canal, 1144
floodway, holding basin, excavation, public highway, tra ct, 1145
grade, fill, or cut and roadways over levees and embankments, 1146
and to construct any and all of such works and improvements 1147
across, through, or over any public right -of way, highway, 1148
grade, fill, or cut. 1149
(d) To provide district or other roads equal to or 1150
exceeding the specifications of the county in which such 1151
district or other roads are located, and to provide street 1152
lighting. This special power includes, but is not limited to, 1153
roads, parkways, intersections, bridges, landscaping, 1154
hardscaping, irrigati on, bicycle lanes, sidewalks, jogging 1155
paths, multiuse pathways and trails, street lighting, traffic 1156
signals, regulatory or informational signage, road striping, 1157
underground conduit, underground cable or fiber or wire 1158
installed pursuant to an agreement with or tariff of a retail 1159
provider of services, and all other customary elements of a 1160
functioning modern road system in general or as tied to the 1161
conditions of development approval for the area within and 1162
without the district, and parking facilities that are 1163
freestanding or that may be related to any innovative strategic 1164
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 48 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
intermodal system of transportation pursuant to applicable 1165
federal, state, and local laws and ordinances. 1166
(e) To provide buses, trolleys, rail access, mass transit 1167
facilities, transit shelte rs, ridesharing facilities and 1168
services, parking improvements, and related signage. 1169
(f) To provide investigation and remediation costs 1170
associated with the cleanup of actual or perceived environmental 1171
contamination within the district under the supervisio n or 1172
direction of a competent governmental authority unless the 1173
covered costs benefit any person who is a landowner within the 1174
district and who caused or contributed to the contamination. 1175
(g) To provide observation, mitigation, wetland creation, 1176
and wildlife habitat areas, including the maintenance of any 1177
plant or animal species, and any related interest in real or 1178
personal property. 1179
(h) Using its general and special powers as set forth in 1180
this act, to provide any other project within or without the 1181
boundaries of the district when the project is the subject of an 1182
agreement between the district and the Board of County 1183
Commissioners of Sarasota County or with any other applicable 1184
public or private entity, and is not inconsistent with the 1185
effective local comprehensive plans. 1186
(i) To provide parks and facilities for indoor and outdoor 1187
recreational, cultural, and educational uses. 1188
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 49 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(j) To provide school buildings and related structures, 1189
which may be leased, sold, or donated to the school district, 1190
for use in the educational system when authorized by the 1191
district school board. 1192
(k) To provide security, including electronic intrusion - 1193
detection systems and patrol cars, when authorized by proper 1194
governmental agencies, and to contract with the appropriate 1195
local general-purpose government agencies for an increased level 1196
of such services within the district boundaries. However, this 1197
paragraph does not prohibit the district from contracting with a 1198
towing operator to remove a vehicle or vessel from a district -1199
owned facility or property if the district follows the 1200
authorization and notice and procedural requirements in s. 1201
715.07 for an owner or lessee of private property. The 1202
district's selection of a towing operator is not subject to 1203
public bidding if the towing opera tor is included in an approved 1204
list of town operators maintained by the local government that 1205
has jurisdiction over the district's facility or property. 1206
(l) To provide control and elimination of mosquitoes and 1207
other arthropods of public health importance. 1208
(m) To enter into impact fee, mobility fee, or other 1209
similar credit agreements with Sarasota County or other 1210
governmental bodies or a landowner developer and to sell or 1211
assign such credits, on such terms as the district deems 1212
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 50 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
appropriate and are consistent with Sarasota County 1213
requirements. 1214
(n) To provide buildings and structures for district 1215
offices, maintenance facilities, meeting facilities, town 1216
centers, or any other projects authorized or granted by this 1217
act. 1218
(o) To establish and crea te, at noticed meetings, such 1219
departments of the board of supervisors of the district, as well 1220
as committees, task forces, boards, or commissions, or other 1221
agencies under the supervision and control of the district, as 1222
from time to time the members of the board may deem necessary or 1223
desirable in the performance of the acts or other things 1224
necessary to exercise the board's general or special powers to 1225
implement an innovative project to carry out the special and 1226
limited purpose of the district as provided in this act and to 1227
delegate the exercise of its powers to such departments, boards, 1228
task forces, committees, or other agencies, and such 1229
administrative duties and other powers as the board may deem 1230
necessary or desirable, but only if there is a set of express ed 1231
limitations for accountability, notice, and periodic written 1232
reporting to the board that shall retain the powers of the 1233
board. 1234
(p) To provide electrical, sustainable, or green 1235
infrastructure improvements, facilities, and services, 1236
including, but not l imited to, recycling of natural resources, 1237
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 51 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
reduction of energy demands, development and generation of 1238
alternative or renewable energy sources and technologies, 1239
mitigation of urban heat islands, sequestration, capping or 1240
trading of carbon emissions or carbo n emissions credits, LEED or 1241
Florida Green Building Coalition certification, and development 1242
of facilities and improvements for low -impact development; to 1243
enter into joint ventures, public -private partnerships, and 1244
other agreements; and to grant such easem ents as may be 1245
necessary to accomplish the foregoing. Nothing herein shall 1246
authorize the district to provide electric service to retail 1247
customers or otherwise act to impair electric utility franchise 1248
agreements. 1249
(q) To provide for any facilities or impro vements that may 1250
otherwise be provided for by any county or municipality, 1251
including, but not limited to, libraries, annexes, substations, 1252
and other buildings to house public officials, staff, and 1253
employees. 1254
(r) To provide waste collection and disposal. 1255
(s) To provide for the construction and operation of 1256
communications systems and related infrastructure for the 1257
carriage and distribution of communications services; to enter 1258
into joint ventures, public -private partnerships, and other 1259
agreements; and to gr ant such easements as may be necessary to 1260
accomplish the foregoing. For purposes of this paragraph, 1261
communications systems means all facilities, buildings, 1262
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 52 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
equipment, items, and methods necessary or desirable in order to 1263
provide communications services, in cluding, without limitation, 1264
wires, cables, conduits, wireless cell sites, computers, modems, 1265
satellite antennae sites, transmission facilities, network 1266
facilities, and appurtenant devices necessary and appropriate to 1267
support the provision of communication s services. Communications 1268
services includes, without limitation, Internet, voice telephone 1269
or similar services provided by voice over Internet protocol, 1270
cable television, data transmission services, electronic 1271
security monitoring services, and multichanne l video programming 1272
distribution services. Nothing herein shall authorize the 1273
district to provide communications services to retail customers 1274
or otherwise act to impair existing service provider franchise 1275
agreements. However, the district may contract with such 1276
providers for resale purposes, provided the district complies 1277
with s. 350.81, Florida Statutes, when contracting for resale 1278
purposes. 1279
(t) To provide health care facilities and to enter into 1280
public-private partnerships and agreements as may be neces sary 1281
to accomplish the foregoing. 1282
(u) To coordinate, work with, and, as the board deems 1283
appropriate, enter into interlocal agreements with any public or 1284
private entity for the provision of an institution or 1285
institutions of higher education. 1286
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 53 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(v) To coordinate, work with, and as the board deems 1287
appropriate, enter into public -private partnerships and 1288
agreements as may be necessary or useful to effectuate the 1289
purposes of this act. The district shall only exercise the 1290
special powers in subparagraphs (a) thro ugh (v) upon execution 1291
of an interlocal agreement with Sarasota County consenting to 1292
the district's execution of those powers within Sarasota County. 1293
The special powers provided in this act may not be deemed 1294
exclusive or restrictive but shall be deemed to incorporate all 1295
powers express or implied necessary or incident to carrying out 1296
such special powers, including the general powers provided by 1297
this act to the district to implement its purposes. This 1298
subsection shall be construed liberally in order to effec tively 1299
carry out the special and limited purpose of the district under 1300
this act. 1301
(8) ISSUANCE OF BOND ANTICIPATION NOTES. —In addition to 1302
the other powers provided for in this act, and not in limitation 1303
thereof, the district shall have the power, at any t ime and from 1304
time to time after the issuance of any bonds of the district are 1305
authorized, to borrow money for the purposes for which such 1306
bonds are to be issued in anticipation of the receipt of the 1307
proceeds of the sale of such bonds and to issue bond 1308
anticipation notes in a principal sum not in excess of the 1309
authorized maximum amount of such bond issue. Such notes shall 1310
be in such denomination or denominations, bear interest at such 1311
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 54 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
rate as the board may determine, not to exceed the maximum rate 1312
allowed by general law; mature at such time or times not later 1313
than 5 years after the date of issuance; and be in such form and 1314
executed in such manner as the board shall prescribe. Such notes 1315
may be sold at either public or private sale or, if such notes 1316
shall be renewal notes, may be exchanged for notes then 1317
outstanding on such terms as the board shall determine. Such 1318
notes shall be paid from the proceeds of such bonds when issued. 1319
The board may, in its discretion, in lieu of retiring the notes 1320
by means of bonds, r etire them by means of current revenues or 1321
from any taxes or assessments levied for the payment of such 1322
bonds, but, in such event, a like amount of the bonds authorized 1323
may not be issued. 1324
(9) BORROWING.—The district at any time may obtain loans, 1325
in such amount and on such terms and conditions as the board may 1326
approve, for the purpose of paying any of the expenses of the 1327
district or any costs incurred or that may be incurred in 1328
connection with any of the projects of the district, which loans 1329
shall bear such interest as the board determines, not to exceed 1330
the maximum rate allowed by general law, and may be payable from 1331
and secured by a pledge of such funds, revenues, taxes, and 1332
assessments as the board may determine; provided, however, that 1333
the provisions contained in any proceeding under which bonds 1334
were theretofore issued and are then outstanding. For the 1335
purpose of defraying such costs and expenses, the district may 1336
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 55 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issue negotiable notes, warrants, or other evidences of debt to 1337
be payable at such times an d to bear such interest as the board 1338
may determine, not to exceed the maximum rate allowed by general 1339
law, and to be sold or discounted at such price or prices not 1340
less than 95 percent of par value and on such terms as the board 1341
may deem advisable. The boa rd shall have the right to provide 1342
for the payment thereof by pledging the whole or any part of the 1343
funds, revenues, taxes, and assessments of the district or by 1344
covenanting to budget and appropriate from such funds. The 1345
approval of the electors residing i n the district is only 1346
necessary when required by the State Constitution. 1347
(10) BONDS.— 1348
(a) Sale of bonds.—Bonds may be sold in blocks or 1349
installments at different times, or an entire issue or series 1350
may be sold at one time. Bonds may be sold at public or private 1351
sale after such advertisement, if any, as the board may deem 1352
advisable, but in no event at less than 90 percent of the par 1353
value thereof, together with accrued interest thereon. Bonds may 1354
be sold or exchanged for refunding bonds. Special assessm ent and 1355
revenue bonds may be delivered by the district as payment of the 1356
purchase price of any project or part thereof, or a combination 1357
of projects or parts thereof, or as the purchase price or 1358
exchange for any property, real, personal, or mixed, includin g 1359
franchises or services rendered by any contractor, engineer, or 1360
other person, all at one time or in blocks from time to time, in 1361
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 56 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
such manner and upon such terms as the board at its discretion 1362
shall determine. The price or prices for any bonds sold, 1363
exchanged, or delivered may be: 1364
1. The money paid for the bonds. 1365
2. The principal amount, plus accrued interest to the date 1366
of redemption or exchange, or outstanding obligations exchanged 1367
for refunding bonds. 1368
3. In the case of special assessment or revenu e bonds, the 1369
amount of any indebtedness to contractors or other persons paid 1370
with such bonds, or the fair value of any properties exchanged 1371
for the bonds, as determined by the board. 1372
(b) Authorization and form of bonds. —Any general 1373
obligation bonds, spec ial assessment bonds, or revenue bonds may 1374
be authorized by resolution or resolutions of the board which 1375
shall be adopted by a majority of all the members thereof then 1376
in office. Such resolution or resolutions may be adopted at the 1377
same meeting at which th ey are introduced and need not be 1378
published or posted. The board may, by resolution, authorize the 1379
issuance of bonds and fix the aggregate amount of bonds to be 1380
issued; the purpose or purposes for which the moneys derived 1381
therefrom shall be expended, inclu ding, but not limited to, 1382
payment of costs as defined in section 3; the rate or rates of 1383
interest, not to exceed the maximum rate allowed by general law; 1384
the denomination of the bonds; whether the bonds are to be 1385
issued in one or multiple series; the date or dates of maturity, 1386
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 57 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
which may not exceed 40 years after their respective dates of 1387
issuance; the medium of payment; the place or places within or 1388
without the state at which payment shall be made; registration 1389
privileges; redemption terms and privileges, w hether with or 1390
without premium; the manner of execution; the form of the bonds, 1391
including any interest coupons to be attached thereto; the 1392
manner of execution of bonds and coupons; and any and all other 1393
terms, covenants, and conditions thereof and the esta blishment 1394
of revenue or other funds. Such authorizing resolution or 1395
resolutions may further provide for the contracts authorized by 1396
s. 159.825(1)(f) and (g), Florida Statutes, regardless of the 1397
tax treatment of such bonds being authorized, subject to the 1398
finding by the board of a net saving to the district resulting 1399
by reason thereof. Such authorizing resolution may further 1400
provide that such bonds may be executed in accordance with the 1401
Registered Public Obligations Act, except that bonds not issued 1402
in registered form shall be valid if manually countersigned by 1403
an officer designated by appropriate resolution of the board. 1404
The seal of the district may be affixed, lithographed, engraved, 1405
or otherwise reproduced in facsimile on such bonds. In case any 1406
officer whose signature shall appear on any bonds or coupons 1407
shall cease to be such officer before the delivery of such 1408
bonds, such signature or facsimile shall nevertheless be valid 1409
and sufficient for all purposes as if he or she had remained in 1410
office until such delivery. 1411
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 58 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) Interim certificates; replacement certificates. —1412
Pending the preparation of definitive bonds, the board may issue 1413
interim certificates or receipts or temporary bonds, in such 1414
form and with such provisions as the board may determine, 1415
exchangeable for definitive bonds when such bonds have been 1416
executed and are available for delivery. The board may also 1417
provide for the replacement of any bonds which become mutilated, 1418
lost, or destroyed. 1419
(d) Negotiability of bonds. —Any bond issued under this act 1420
or any temporary bond, in the absence of an express recital on 1421
the face thereof that it is nonnegotiable, shall be fully 1422
negotiable and shall be and constitute a negotiable instrument 1423
within the meaning and for all purposes of the law merchant and 1424
general law. 1425
(e) Defeasance.—The board may make such provision with 1426
respect to the defeasance of the right, title, and interest of 1427
the holders of any of the bonds and obligations of the district 1428
in any revenues, funds, or other properties by which such bonds 1429
are secured as the board deems appropriate and, without 1430
limitation on the foregoing, may provide that when such bonds or 1431
obligations become due and payable or shall have been called for 1432
redemption and the whole amount of the principal and interest 1433
and premium, if any, due and payable upon the bonds or 1434
obligations then outstanding shall be held in trust for such 1435
purpose, and provision shall also be made for paying all other 1436
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 59 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sums payable in connection with such bonds or other obligations, 1437
and in such event the right, title, and interest of the holders 1438
of the bonds in any revenues, funds, or other properties by 1439
which such bonds are secured shall thereupon cease, terminate, 1440
and become void; and the board may apply any surplus in any 1441
sinking fund established in con nection with such bonds or 1442
obligations and all balances remaining in all other funds or 1443
accounts other than moneys held for the redemption or payment of 1444
the bonds or other obligations to any lawful purpose of the 1445
district as the board shall determine. 1446
(f) Issuance of additional bonds. —If the proceeds of any 1447
bonds are less than the cost of completing the project in 1448
connection with which such bonds were issued, the board may 1449
authorize the issuance of additional bonds, upon such terms and 1450
conditions as the board may provide in the resolution 1451
authorizing the issuance thereof, but only in compliance with 1452
the resolution or other proceedings authorizing the issuance of 1453
the original bonds. 1454
(g) Refunding bonds. —The district is authorized to issue 1455
bonds to provide for the retirement or refunding of any bonds or 1456
obligations of the district that at the time of such issuance 1457
are or subsequent thereto become due and payable, or that at the 1458
time of issuance have been called or are, or will be, subject to 1459
call for redemption within 10 years thereafter, or the surrender 1460
of which can be procured from the holders thereof at prices 1461
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 60 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
satisfactory to the board. Refunding bonds may be issued at any 1462
time that in the judgment of the board such issuance will be 1463
advantageous to the d istrict. Approval of the qualified electors 1464
residing in the district is not required for the issuance of 1465
refunding bonds except in cases in which such approval is 1466
required by the State Constitution. The board may by resolution 1467
confer upon the holders of su ch refunding bonds all rights, 1468
powers, and remedies to which the holders would be entitled if 1469
they continued to be the owners and had possession of the bonds 1470
for the refinancing of which such refunding bonds are issued, 1471
including, but not limited to, the p reservation of the lien of 1472
such bonds on the revenues of any project or on pledged funds, 1473
without extinguishment, impairment, or diminution thereof. The 1474
provisions of this act relating to bonds of the district shall, 1475
unless the context otherwise requires, govern the issuance of 1476
refunding bonds, the form and other details thereof, the rights 1477
of the holders thereof, and the duties of the board with respect 1478
to such bonds. 1479
(h) Revenue bonds.— 1480
1. The district shall have the power to issue revenue 1481
bonds from time to time without limitation as to amount. Such 1482
revenue bonds may be secured by, or payable from, the gross or 1483
net pledge of the revenues to be derived from any project or 1484
combination of projects; from the rates, fees, or other charges 1485
to be collected from the users of any project or projects; from 1486
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 61 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any revenue-producing undertaking or activity of the district; 1487
from special assessments; from benefit special assessments; or 1488
from any other source or pledged security. Such bonds do not 1489
constitute an indebted ness of the district, and the approval of 1490
the qualified electors is not required unless such bonds are 1491
additionally secured by the full faith and credit and taxing 1492
power of the district. 1493
2. Any two or more projects may be combined and 1494
consolidated into a single project and may hereafter be operated 1495
and maintained as a single project. The revenue bonds authorized 1496
herein may be issued to finance any one or more of such 1497
projects, regardless of whether such projects have been combined 1498
and consolidated into a single project. If the board deems it 1499
advisable, the proceedings authorizing such revenue bonds may 1500
provide that the district may thereafter combine the projects 1501
then being financed or theretofore financed with other projects 1502
to be subsequently financed by the district and that revenue 1503
bonds to be thereafter issued by the district shall be on parity 1504
with the revenue bonds then being issued, all on such terms, 1505
conditions, and limitations as shall have been provided in the 1506
proceeding which authorized the orig inal bonds. 1507
(i) General obligation bonds. — 1508
1. Subject to the limitations of this charter, the 1509
district shall have the power to issue general obligation bonds 1510
to finance or refinance capital projects or to refund 1511
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 62 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
outstanding bonds in an aggregate principal amount of bonds 1512
outstanding at any one time not in excess of 35 percent of the 1513
assessed value of the taxable property within the district as 1514
shown on the pertinent tax records at the time of the 1515
authorization of the general obligation bonds for w hich the full 1516
faith and credit of the district is pledged. Except for 1517
refunding bonds, general obligation bonds may not be issued 1518
unless the bonds are issued to finance or refinance a capital 1519
project and the issuance has been approved at an election held 1520
in accordance with the requirements for such election as 1521
prescribed by the State Constitution. Such elections shall be 1522
called to be held in the district by the Board of County 1523
Commissioners of Sarasota County upon the request of the board 1524
of the district. The expenses of calling and holding an election 1525
shall be at the expense of the district and the district shall 1526
reimburse the county for any expenses incurred in calling or 1527
holding such election. 1528
2. The district may pledge its full faith and credit for 1529
the payment of the principal and interest on such general 1530
obligation bonds and for any reserve funds provided therefor and 1531
may unconditionally and irrevocably pledge itself to levy ad 1532
valorem taxes on all taxable property in the district, to the 1533
extent necessary for the payment thereof, without limitation as 1534
to rate or amount. 1535
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 63 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. If the board determines to issue general obligation 1536
bonds for more than one capital project, the approval of the 1537
issuance of the bonds for each and all such projects may be 1538
submitted to the electors on one ballot. The failure of the 1539
electors to approve the issuance of bonds for any one or more 1540
capital projects does not defeat the approval of bonds for any 1541
capital project which has been approved by the electors. 1542
4. In arriving at th e amount of general obligation bonds 1543
permitted to be outstanding at any one time pursuant to 1544
subparagraph 1., there may not be included any general 1545
obligation bonds that are additionally secured by the pledge of: 1546
a. Any assessments levied in an amount su fficient to pay 1547
the principal and interest on the general obligation bonds so 1548
additionally secured, which assessments have been equalized and 1549
confirmed by resolution of the board pursuant to this act or s. 1550
170.08, Florida Statutes. 1551
b. Water revenues, sew er revenues, or water and sewer 1552
revenues of the district to be derived from user fees in an 1553
amount sufficient to pay the principal and interest on the 1554
general obligation bonds so additionally secured. 1555
c. Any combination of assessments and revenues descri bed 1556
in sub-subparagraphs a. and b. 1557
(j) Bonds as legal investment or security. — 1558
1. Notwithstanding any other provision of law to the 1559
contrary, all bonds issued under this act shall constitute legal 1560
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 64 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
investments for savings banks, banks, trust companies, insurance 1561
companies, executors, administrators, trustees, guardians, and 1562
other fiduciaries and for any board, body, agency, 1563
instrumentality, county, municipality, or other political 1564
subdivision of the state and shall be and constitute security 1565
which may be deposited by banks or trust companies as security 1566
for deposits of state, county, municipal, or other public funds 1567
or by insurance companies as required or voluntary statutory 1568
deposits. 1569
2. Any bonds issued by the district shall be incontestable 1570
in the hands of bona fide purchasers or holders for value and 1571
are not invalid because of any irregularity or defect in the 1572
proceedings for the issue and sale thereof. 1573
(k) Covenants.—Any resolution authorizing the issuance of 1574
bonds may contain such covenants as th e board may deem 1575
advisable, and all such covenants shall constitute valid and 1576
legally binding and enforceable contracts between the district 1577
and the bondholders, regardless of the time of issuance thereof. 1578
Such covenants may include, without limitation, co venants 1579
concerning the disposition of the bond proceeds; the use and 1580
disposition of project revenues; the pledging of revenues, 1581
taxes, and assessments; the obligations of the district with 1582
respect to the operation of the project and the maintenance of 1583
adequate project revenues; the issuance of additional bonds; the 1584
appointment, powers, and duties of trustees and receivers; the 1585
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 65 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
acquisition of outstanding bonds and obligations; restrictions 1586
on the establishment of competing projects or facilities; 1587
restrictions on the sale or disposal of the assets and property 1588
of the district; the priority of assessment liens; the priority 1589
of claims by bondholders on the taxing power of the district; 1590
the maintenance of deposits to ensure the payment of revenues by 1591
users of district facilities and services; the discontinuance of 1592
district services by reason of delinquent payments; acceleration 1593
upon default; the execution of necessary instruments; the 1594
procedure for amending or abrogating covenants with the 1595
bondholders; and such ot her covenants as may be deemed necessary 1596
or desirable for the security of the bondholders. 1597
(l) Validation proceedings. —The power of the district to 1598
issue bonds under this act may be determined, and any of the 1599
bonds of the district maturing over a period of more than 5 1600
years shall be validated and confirmed, by court decree, under 1601
chapter 75, Florida Statutes, and laws amendatory thereof or 1602
supplementary thereto. 1603
(m) Tax exemption.—To the extent allowed by general law, 1604
all bonds issued hereunder and inte rest paid thereon and all 1605
fees, charges, and other revenues derived by the district from 1606
the projects provided by this act are exempt from all taxes by 1607
the state or by any political subdivision, agency, or 1608
instrumentality thereof; however, any interest, in come, or 1609
profits on debt obligations issued hereunder are not exempt from 1610
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 66 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the tax imposed by chapter 220, Florida Statutes. Further, the 1611
district is not exempt from chapter 212, Florida Statutes. 1612
(n) Application of s. 189.051, Florida Statutes. —Bonds 1613
issued by the district shall meet the criteria set forth in s. 1614
189.051, Florida Statutes. 1615
(o) Act furnishes full authority for issuance of bonds. —1616
This act constitutes full and complete authority for the 1617
issuance of bonds and the exercise of the powers of th e district 1618
provided herein. Procedures or proceedings, publications, 1619
notices, consents, approvals, orders, acts, or things by the 1620
board, or by any board, officer, commission, department, agency, 1621
or instrumentality of the district, other than those required by 1622
this act, are not required to perform anything under this act, 1623
except that the issuance or sale of bonds pursuant to this act 1624
shall comply with the general law requirements applicable to the 1625
issuance or sale of bonds by the district. This act does not 1626
authorize the district to utilize bond proceeds to fund the 1627
ongoing operations of the district. 1628
(p) Pledge by the state to the bondholders of the 1629
district.—The state pledges to the holders of any bonds issued 1630
under this act that it will not limit or alte r the rights of the 1631
district to own, acquire, construct, reconstruct, improve, 1632
maintain, operate, or furnish the projects or to levy and 1633
collect the taxes, assessments, rentals, rates, fees, and other 1634
charges provided for herein and to fulfill the terms of any 1635
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 67 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agreement made with the holders of such bonds or other 1636
obligations and that it will not in any way impair the rights or 1637
remedies of such holders. 1638
(q) Default.—A default on the bonds or obligations of the 1639
district does not constitute a debt or obligation of the state 1640
or any general-purpose local government of the state. In the 1641
event of a default or dissolution of the district, a general -1642
purpose local government is not required to assume the property 1643
of the district, the debts of the district, or the district's 1644
obligations to complete any infrastructure improvements or 1645
provide any services to the district. Section 189.076(2), 1646
Florida Statutes, does not apply to the district. 1647
(11) TRUST AGREEMENTS. —Any issue of bonds shall be secured 1648
by a trust agreement or resolution by and between the district 1649
and a corporate trustee or trustees, which may be any trust 1650
company or bank having the powers of a trust company within or 1651
without the state. The resolution authorizing the issuance of 1652
the bonds or such tr ust agreement may pledge the revenues to be 1653
received from any projects of the district and may contain such 1654
provisions for protecting and enforcing the rights and remedies 1655
of the bondholders as the board may approve, including, without 1656
limitation, covenant s setting forth the duties of the district 1657
in relation to: the acquisition, construction, reconstruction, 1658
improvement, maintenance, repair, operation, and insurance of 1659
any projects; the fixing and revising of the rates, fees, and 1660
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 68 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
charges; and the custody, safeguarding, and application of all 1661
moneys and for the employment of consulting engineers in 1662
connection with such acquisition, construction, reconstruction, 1663
improvement, maintenance, repair, operation, or insurance. It 1664
shall be lawful for any bank or trus t company within or without 1665
the state which may act as a depository of the proceeds of bonds 1666
or of revenues to furnish such indemnifying bonds or to pledge 1667
such securities as may be required by the district. Such 1668
resolution or trust agreement may set forth the rights and 1669
remedies of the bondholders and of the trustee, if any, and may 1670
restrict the individual right of action by bondholders. The 1671
board may provide for the payment of proceeds of the sale of the 1672
bonds and the revenues of any project to such offic er, board, or 1673
depository as it may designate for the custody thereof and may 1674
provide for the method of disbursement thereof with such 1675
safeguards and restrictions as it may determine. All expenses 1676
incurred in carrying out such resolution or trust agreement may 1677
be treated as part of the cost of operation of the project to 1678
which such trust agreement pertains. 1679
(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL 1680
ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL 1681
ASSESSMENTS; MAINTENANCE TAXES. — 1682
(a) Ad valorem taxes.—At such time as all members of the 1683
board are qualified electors who are elected by qualified 1684
electors of the district, the board shall have the power to levy 1685
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 69 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
and assess an ad valorem tax on all the taxable property in the 1686
district to construct, operate, and maintain assessable 1687
improvements; to pay the principal of, and interest on, any 1688
general obligation bonds of the district; and to provide for any 1689
sinking or other funds established in connection with any such 1690
bonds. An ad valorem tax levie d by the board for operating 1691
purposes, exclusive of debt service on bonds, may not exceed 3 1692
mills. The ad valorem tax provided for herein shall be in 1693
addition to county and all other ad valorem taxes provided for 1694
by general law. Such tax shall be assessed, levied, and 1695
collected in the same manner and at the same time as county 1696
taxes. The levy of ad valorem taxes must be approved by 1697
referendum as required by Section 9, Article VII of the State 1698
Constitution. 1699
(b) Benefit special assessments. —The board annually shall 1700
determine, order, and levy the annual installment of the total 1701
benefit special assessments for bonds issued and related 1702
expenses to finance assessable improvements. These assessments 1703
may be due and collected during each year county taxes are due 1704
and collected, in which case such annual installment and levy 1705
shall be evidenced to and certified to the property appraiser by 1706
the board not later than August 31 of each year. Such assessment 1707
shall be entered by the property appraiser on the county tax 1708
rolls and shall be collected and enforced by the tax collector 1709
in the same manner and at the same time as county taxes, and the 1710
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 70 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proceeds thereof shall be paid to the district. However, this 1711
subsection does not prohibit the district in its discretion from 1712
using the method provided in s. 197.3632, Florida Statutes, or 1713
chapter 173, Florida Statutes, as each may be amended from time 1714
to time, for collecting and enforcing these assessments. Each 1715
annual installment of benefit special assessments shall be a 1716
lien on the property against which assessed until paid and shall 1717
be enforceable in like manner as county taxes. The amount of the 1718
assessment for the exercise of the district's powers under 1719
subsections (6) and (7) shall be determined by the board based 1720
upon a report of the district's engineer and assessed by the 1721
board upon such lands, which may be part or all of the lands 1722
within the district benefited by the improvement, apportioned 1723
between benefited lands in proportion to the benefits received 1724
by each tract of land. T he board may, if it determines it is in 1725
the best interests of the district, set forth in the proceedings 1726
initially levying such benefit special assessments or in 1727
subsequent proceedings a formula for the determination of an 1728
amount which, when paid by a taxp ayer with respect to any tax 1729
parcel, shall constitute a prepayment of all future annual 1730
installments of such benefit special assessments. The payment 1731
of which amount with respect to such tax parcel shall relieve 1732
and discharge such tax parcel of the lien o f such benefit 1733
special assessments and any subsequent annual installment 1734
thereof. The board may provide further that upon delinquency in 1735
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 71 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the payment of any annual installment of benefit special 1736
assessments, such prepayment amount of all future annual 1737
installments of benefit special assessments shall be and become 1738
immediately due and payable together with such delinquent annual 1739
installment. 1740
(c) Non-ad valorem maintenance taxes. —If and when 1741
authorized by general law, to maintain and to preserve the 1742
physical facilities and services constituting the works, 1743
improvements, or infrastructure owned by the district pursuant 1744
to this act, to repair and restore any one or more of them, when 1745
needed, and to defray the current expenses of the district, 1746
including any sum which may be required to pay state and county 1747
ad valorem taxes on any lands which may have been purchased and 1748
which are held by the district under this act, the board of 1749
supervisors may, upon the completion of said systems, 1750
facilities, services, works, impr ovements, or infrastructure, in 1751
whole or in part, as may be certified to the board by the 1752
engineer of the board, levy annually a non -ad valorem and 1753
nonmillage tax upon each tract or parcel of land within the 1754
district, to be known as a "maintenance tax." A maintenance tax 1755
shall be apportioned upon the basis of the net assessments of 1756
benefits assessed as accruing from the original construction and 1757
shall be evidenced to and certified by the board of supervisors 1758
of the district not later than June 1 of each yea r to the 1759
Sarasota County tax collector and shall be extended on the tax 1760
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 72 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
rolls and collected by the tax collector on the merged 1761
collection roll of the tax collector in the same manner and at 1762
the same time as county ad valorem taxes, and the proceeds 1763
therefrom shall be paid to the district. The maintenance tax 1764
shall be a lien until paid on the property against which 1765
assessed and enforceable in like manner and of the same dignity 1766
as county ad valorem taxes. 1767
(d) Maintenance special assessments. —To maintain and 1768
preserve the facilities and projects of the district, the board 1769
may levy a maintenance special assessment. This assessment may 1770
be evidenced to and certified to the tax collector by the board 1771
of supervisors not later than August 31 of each year and shall 1772
be entered by the property appraiser on the county tax rolls and 1773
shall be collected and enforced by the tax collector in the same 1774
manner and at the same time as county taxes, and the proceeds 1775
therefrom shall be paid to the district. However, this 1776
subsection does not prohibit the district in its discretion from 1777
using the method prescribed in s. 197.363, s. 197.3631, or s. 1778
197.3632, Florida Statutes, for collecting and enforcing these 1779
assessments. These maintenance special assessments shall be a 1780
lien on the property against which assessed until paid and shall 1781
be enforceable in like manner as county taxes. The amount of the 1782
maintenance special assessment for the exercise of the 1783
district's powers under this section shall be determined by the 1784
board based upon a r eport of the district's engineer and 1785
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 73 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
assessed by the board upon such lands, which may be all of the 1786
lands within the district benefited by the maintenance thereof, 1787
apportioned between the benefited lands in proportion to the 1788
benefits received by each tract of land. 1789
(e) Special assessments. —The board may levy and impose any 1790
special assessments pursuant to this subsection. 1791
(f) Enforcement of taxes. —The collection and enforcement 1792
of all taxes levied by the district shall be at the same time 1793
and in like manner as county taxes, and the provisions of 1794
general law relating to the sale of lands for unpaid and 1795
delinquent county taxes; the issuance, sale, and delivery of tax 1796
certificates for such unpaid and delinquent county taxes; the 1797
redemption thereof; the issua nce to individuals of tax deeds 1798
based thereon; and all other procedures in connection therewith 1799
shall be applicable to the district to the same extent as if 1800
such statutory provisions were expressly set forth in this act. 1801
All taxes shall be subject to the s ame discounts as county 1802
taxes. 1803
(g) When unpaid tax is delinquent; penalty. —All taxes 1804
provided for in this act shall become delinquent and bear 1805
penalties on the amount of such taxes in the same manner as 1806
county taxes. 1807
(h) Status of assessments. —Benefit special assessments, 1808
maintenance special assessments, and special assessments are 1809
hereby found and determined to be non -ad valorem assessments as 1810
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 74 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
defined in s. 197.3632(1), Florida Statutes. Maintenance taxes 1811
are non-ad valorem taxes and are not special as sessments. 1812
(i) Assessments constitute liens; collection. —Any and all 1813
assessments, including special assessments, benefit special 1814
assessments, and maintenance special assessments authorized and 1815
granted by this subsection, and maintenance taxes if authoriz ed 1816
by general law, shall constitute a lien on the property against 1817
which assessed from the date of levy and imposition thereof 1818
until paid, coequal with the lien of state, county, municipal, 1819
and school board taxes. These assessments may be collected, at 1820
the district's discretion, under authority of s. 197.3631, 1821
Florida Statutes, as amended from time to time, by the tax 1822
collector pursuant to ss. 197.3632 and 197.3635, Florida 1823
Statutes, as amended from time to time, or in accordance with 1824
other collection measu res provided by general law. In addition 1825
to, and not in limitation of, any powers otherwise set forth 1826
herein or in general law, these assessments may also be enforced 1827
pursuant to chapter 173, Florida Statutes, as amended from time 1828
to time. 1829
(j) Land owned by governmental entity. —Except as otherwise 1830
provided by general law, a levy of ad valorem taxes or non -ad 1831
valorem assessments under this act or chapter 170 or chapter 1832
197, Florida Statutes, or otherwise, by the board of the 1833
district, on property of a gove rnmental entity that is subject 1834
to a ground lease as described in s. 190.003(14), Florida 1835
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 75 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Statutes, does not constitute a lien or encumbrance on the 1836
underlying fee interest of such governmental entity. 1837
(13) SPECIAL ASSESSMENTS. — 1838
(a) As an alternative method to the levy and imposition of 1839
special assessments pursuant to chapter 170, Florida Statutes, 1840
pursuant to the authority under s. 197.3631, Florida Statutes, 1841
or pursuant to other provisions of general law, now or hereafter 1842
enacted, which provide a sup plemental means or authority to 1843
impose, levy, and collect special assessments as otherwise 1844
authorized under this act, the board may levy and impose special 1845
assessments to finance the exercise of any of its powers 1846
permitted under this act using the followin g uniform procedures: 1847
1. At a noticed meeting, the board of supervisors of the 1848
district may consider and review an engineer's report on the 1849
costs of the systems, facilities, and services to be provided, a 1850
preliminary special assessment methodology, and a preliminary 1851
roll based on acreage or platted lands, depending upon whether 1852
platting has occurred. 1853
a. The special assessment methodology shall address and 1854
discuss and the board shall consider whether the systems, 1855
facilities, and services being contemplat ed will result in 1856
special benefits peculiar to the property, different in kind and 1857
degree than general benefits, as a logical connection between 1858
the systems, facilities, and services themselves and the 1859
property, and whether the duty to pay the special asse ssments by 1860
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 76 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the property owners is apportioned in a manner that is fair and 1861
equitable and not in excess of the special benefit received. It 1862
shall be fair and equitable to designate a fixed proportion of 1863
the annual debt service, together with interest thereo n, on the 1864
aggregate principal amount of bonds issued to finance such 1865
systems, facilities, and services which give rise to unique, 1866
special, and peculiar benefits to property of the same or 1867
similar characteristics under the special assessment methodology 1868
so long as such fixed proportion does not exceed the unique, 1869
special, and peculiar benefits enjoyed by such property from 1870
such systems, facilities, and services. 1871
b. The engineer's cost report shall identify the nature of 1872
the proposed systems, facilities, an d services, their location, 1873
a cost breakdown plus a total estimated cost, including cost of 1874
construction or reconstruction, labor, and materials, lands, 1875
property, rights, easements, franchises, or systems, facilities, 1876
and services to be acquired; cost of p lans and specifications 1877
and surveys of estimates of costs and revenues; costs of 1878
engineering, legal, and other professional consultation 1879
services; and other expenses or costs necessary or incident to 1880
determining the feasibility or practicability of such 1881
construction, reconstruction, or acquisition, administrative 1882
expenses, relationship to the authority and power of the 1883
district in its charter, and such other expenses or costs as may 1884
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 77 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
be necessary or incident to the financing to be authorized by 1885
the board of supervisors. 1886
c. The preliminary special assessment roll shall be in 1887
accordance with the assessment methodology as may be adopted by 1888
the board of supervisors; the special assessment roll shall be 1889
completed as promptly as possible and shall show the acreag e, 1890
lots, lands, or plats assessed and the amount of the fairly and 1891
reasonably apportioned assessment based on special and peculiar 1892
benefit to the property, lot, parcel, or acreage of land; and, 1893
if the special assessment against such lot, parcel, acreage, o r 1894
portion of land is to be paid in installments, the number of 1895
annual installments in which the special assessment is divided 1896
shall be entered into and shown upon the special assessment 1897
roll. 1898
2. The board of supervisors of the district may determine 1899
and declare by an initial special assessment resolution to levy 1900
and assess the special assessments with respect to assessable 1901
improvements stating the nature of the systems, facilities, and 1902
services, improvements, projects, or infrastructure constituting 1903
such assessable improvements, the information in the engineer's 1904
cost report, the information in the special assessment 1905
methodology as determined by the board at the noticed meeting 1906
and referencing and incorporating as part of the resolution the 1907
engineer's cost report, the preliminary special assessment 1908
methodology, and the preliminary special assessment roll as 1909
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 78 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
referenced exhibits to the resolution by reference. If the board 1910
determines to declare and levy the special assessments by the 1911
initial special assessment resolution, the board shall also 1912
adopt and declare a notice resolution which shall provide and 1913
cause the initial special assessment resolution to be published 1914
in a newspaper of general circulation in Sarasota County once a 1915
week for 2 consecutive weeks, an d said board shall by the same 1916
resolution fix a time and place at which the owner or owners of 1917
the property to be assessed or any other persons interested 1918
therein may appear before said board and be heard as to the 1919
propriety and advisability of making such improvements, as to 1920
the costs thereof, as to the manner of payment therefor, and as 1921
to the amount thereof to be assessed against each property so 1922
improved. Thirty days' notice in writing of such time and place 1923
shall be given to such property owners. The n otice shall include 1924
the amount of the special assessment and shall be served by 1925
mailing a copy to each assessed property owner at his or her 1926
last known address, the names and addresses of such property 1927
owners to be obtained from the record of the property appraiser 1928
of the county political subdivision in which the land is located 1929
or from such other sources as the district manager or engineer 1930
deems reliable. Proof of such mailing shall be made by the 1931
affidavit of the manager of the district or by the enginee r, 1932
said proof to be filed with the district manager. Failure to 1933
mail said notice or notices does not invalidate any of the 1934
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 79 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proceedings hereunder. It is provided further that the last 1935
publication shall be at least 1 week before the date of the 1936
hearing on the final special assessment resolution. Said notice 1937
shall describe the general areas to be improved and advise all 1938
persons interested that the description of each property to be 1939
assessed and the amount to be assessed to each piece, parcel, 1940
lot, or acre of property may be ascertained at the office of the 1941
manager of the district. Such service by publication shall be 1942
verified by the affidavit of the publisher and filed with the 1943
manager of the district. Moreover, the initial special 1944
assessment resolution with i ts attached, referenced, and 1945
incorporated engineer's cost report, preliminary special 1946
assessment methodology, and preliminary special assessment roll, 1947
along with the notice resolution, shall be available for public 1948
inspection at the office of the manager a nd the office of the 1949
engineer or any other office designated by the board of 1950
supervisors in the notice resolution. Notwithstanding the 1951
foregoing, the landowners of all of the property which is 1952
proposed to be assessed may give the district written notice of 1953
waiver of any notice and publication provided for in this 1954
subparagraph. However, such notice and publication is not 1955
required, provided that any meeting of the board of supervisors 1956
to consider such resolution is a publicly noticed meeting. 1957
3. At the time and place named in the noticed resolution 1958
as provided for in subparagraph 2., the board of supervisors of 1959
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 80 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the district shall meet and hear testimony from affected 1960
property owners as to the propriety and advisability of making 1961
the systems, facilities, ser vices, projects, works, 1962
improvements, or infrastructure and funding them with 1963
assessments referenced in the initial special assessment 1964
resolution on the property. Following the testimony and 1965
questions from the members of the board or any professional 1966
advisors to the district of the preparers of the engineer's cost 1967
report, the special assessment methodology, and the special 1968
assessment roll, the board of supervisors shall make a final 1969
decision on whether to levy and assess the particular special 1970
assessments. Thereafter, the board of supervisors shall meet as 1971
an equalizing board to hear and to consider any and all 1972
complaints as to the particular special assessments and shall 1973
adjust and equalize the special assessments to ensure proper 1974
assessment based on the be nefit conferred on the property. 1975
4. When so equalized and approved by resolution or 1976
ordinance by the board of supervisors, to be called the final 1977
special assessment resolution, a final special assessment roll 1978
shall be filed with the clerk of the board an d such special 1979
assessment shall stand confirmed and remain legal, valid, and 1980
binding first liens on the property against which such special 1981
assessments are made until paid, equal in dignity to the first 1982
liens of ad valorem taxation of county and municipal governments 1983
and school boards. However, upon completion of the systems, 1984
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 81 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
facilities, services, projects, improvements, works, or 1985
infrastructure, the district shall credit to each of the 1986
assessments the difference in the special assessment as 1987
originally made, approved, levied, assessed, and confirmed and 1988
the proportionate part of the actual cost of the improvement to 1989
be paid by the particular special assessments as finally 1990
determined upon the completion of the improvement; but in no 1991
event shall the final spec ial assessment exceed the amount of 1992
the special and peculiar benefits as apportioned fairly and 1993
reasonably to the property from the system, facility, or service 1994
being provided as originally assessed. Promptly after such 1995
confirmation, the special assessment shall be recorded by the 1996
clerk of the district in the minutes of the proceedings of the 1997
district, and the record of the lien in this set of minutes 1998
shall constitute prima facie evidence of its validity. The board 1999
of supervisors, in its sole discretion, ma y, by resolution, 2000
grant a discount equal to all or a part of the payee's 2001
proportionate share of the cost of the project consisting of 2002
bond financing cost, such as capitalized interest, funded 2003
reserves, and bond discounts included in the estimated cost of 2004
the project, upon payment in full of any special assessments 2005
during such period before the time such financing costs are 2006
incurred as may be specified by the board of supervisors in such 2007
resolution. 2008
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 82 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
5. District special assessments may be made payable in 2009
installments over no more than 40 years after the date of the 2010
payment of the first installment thereof and may bear interest 2011
at fixed or variable rates. 2012
(b) Notwithstanding any provision of this act or chapter 2013
170, Florida Statutes, that portion of s. 170. 09, Florida 2014
Statutes, which provides that special assessments may be paid 2015
without interest at any time within 30 days after the 2016
improvement is completed and a resolution accepting the same has 2017
been adopted by the governing authority is not applicable to an y 2018
district special assessments, whether imposed, levied, and 2019
collected pursuant to this act or any other provision of general 2020
law, including, but not limited to, chapter 170, Florida 2021
Statutes. 2022
(c) In addition, the district is authorized expressly in 2023
the exercise of its rulemaking power to adopt rules that provide 2024
for notice, levy, imposition, equalization, and collection of 2025
assessments. 2026
(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON 2027
ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS. — 2028
(a) The board may, after any special assessments or 2029
benefit special assessments for assessable improvements are 2030
made, determined, and confirmed as provided in this act, issue 2031
certificates of indebtedness for the amount so assessed against 2032
the abutting property or property otherwise benefited, as the 2033
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 83 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
case may be, and separate certificates shall be issued against 2034
each part or parcel of land or property assessed, which 2035
certificates shall state the general nature of the improvement 2036
for which the assessment is ma de. The certificates shall be 2037
payable in annual installments in accordance with the 2038
installments of the special assessment for which they are 2039
issued. The board may determine the interest to be borne by such 2040
certificates, not to exceed the maximum rate allo wed by general 2041
law, and may sell such certificates at either private or public 2042
sale and determine the form, manner of execution, and other 2043
details of such certificates. The certificates shall recite that 2044
they are payable only from the special assessments l evied and 2045
collected from the part or parcel of land or property against 2046
which they are issued. The proceeds of such certificates may be 2047
pledged for the payment of principal of and interest on any 2048
revenue bonds or general obligation bonds issued to finance in 2049
whole or in part such assessable improvement or, if not so 2050
pledged, may be used to pay the cost or part of the cost of such 2051
assessable improvements. 2052
(b) The district may also issue assessment bonds, revenue 2053
bonds, or other obligations payable from a s pecial fund into 2054
which such certificates of indebtedness referred to in paragraph 2055
(a) may be deposited or, if such certificates of indebtedness 2056
have not been issued, may assign to such special fund for the 2057
benefit of the holders of such assessment bonds or other 2058
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 84 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
obligations, or to a trustee for such bondholders, the 2059
assessment liens provided for in this act unless such 2060
certificates of indebtedness or assessment liens have been 2061
theretofore pledged for any bonds or other obligations 2062
authorized hereunder. In t he event of the creation of such 2063
special fund and the issuance of such assessment bonds or other 2064
obligations, the proceeds of such certificates of indebtedness 2065
or assessment liens deposited therein shall be used only for the 2066
payment of the assessment bonds or other obligations issued as 2067
provided in this section. The district is authorized to covenant 2068
with the holders of such assessment bonds, revenue bonds, or 2069
other obligations that it will diligently and faithfully enforce 2070
and collect all the special asses sments, and interest and 2071
penalties thereon, for which such certificates of indebtedness 2072
or assessment liens have been deposited in or assigned to such 2073
fund; to foreclose such assessment liens so assigned to such 2074
special fund or represented by the certifica tes of indebtedness 2075
deposited in the special fund, after such assessment liens have 2076
become delinquent, and deposit the proceeds derived from such 2077
foreclosure, including interest and penalties, in such special 2078
fund; and to make any other covenants deemed ne cessary or 2079
advisable in order to properly secure the holders of such 2080
assessment bonds or other obligations. 2081
(c) The assessment bonds, revenue bonds, or other 2082
obligations issued pursuant to this subsection shall have such 2083
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 85 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
dates of issuance and maturity as deemed advisable by the board; 2084
however, the maturities of such assessment bonds or other 2085
obligations may not be more than 2 years after the due date of 2086
the last installment that will be payable on any of the special 2087
assessments for which such assessment l iens, or the certificates 2088
of indebtedness representing such assessment liens, are assigned 2089
to or deposited in such special fund. 2090
(d) Such assessment bonds, revenue bonds, or other 2091
obligations issued under this subsection shall bear such 2092
interest as the board may determine, not to exceed the maximum 2093
rate allowed by general law, and shall be executed, shall have 2094
such provisions for redemption before maturity, shall be sold in 2095
such manner, and shall be subject to all of the applicable 2096
provisions contained in this act for revenue bonds, except as 2097
the same may be inconsistent with this subsection. 2098
(e) All assessment bonds, revenue bonds, or other 2099
obligations issued under this subsection shall be, shall 2100
constitute, and shall have all the qualities and incident s of 2101
negotiable instruments under the law merchant and general laws. 2102
(15) TAX LIENS.—All taxes of the district provided for in 2103
this act, together with all penalties for default in the payment 2104
of the same and all costs in collecting the same, including a 2105
reasonable attorney fee fixed by the court and taxed as a cost 2106
in the action brought to enforce payment, shall, from January 1 2107
of each year the property is liable to assessment and until 2108
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 86 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
paid, constitute a lien of equal dignity with the liens for 2109
state and county taxes and other taxes of equal dignity with 2110
state and county taxes upon all the lands against which such 2111
taxes shall be levied. A sale of any of the real property within 2112
the district for state and county or other taxes may not operate 2113
to relieve or release the property so sold from the lien for 2114
subsequent district taxes or installments of district taxes, 2115
which lien may be enforced against such property as though no 2116
such sale thereof had been made. In addition, for purposes of s. 2117
197.552, Florida Sta tutes, the lien of all special assessments 2118
levied by the district shall constitute a lien of record held by 2119
a municipal or county governmental unit. Sections 194.171, 2120
197.122, 197.333, and 197.432, Florida Statutes, are applicable 2121
to district taxes with th e same force and effect as if such 2122
sections were expressly provided in this act. 2123
(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE 2124
DISTRICT; SHARING IN PROCEEDS OF TAX SALE. — 2125
(a) The district shall have the power and right to: 2126
1. Pay any delinquent state, county, district, municipal, 2127
or other tax or assessment upon lands located wholly or 2128
partially within the boundaries of the district. 2129
2. Redeem or purchase any tax sales certificates issued or 2130
sold on account of any state, county, district, municipal, or 2131
other taxes or assessments upon lands located wholly or 2132
partially within the boundaries of the district. 2133
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 87 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(b) Delinquent taxes paid, or tax sales certificates 2134
redeemed or purchased, by the district, together with all 2135
penalties for the defaul t in payment of the same and all costs 2136
in collecting the same and a reasonable attorney fee, shall 2137
constitute a lien in favor of the district of equal dignity with 2138
the liens of state and county taxes and other taxes of equal 2139
dignity with state and county t axes upon all the real property 2140
against which the taxes were levied. The lien of the district 2141
may be foreclosed in the manner provided in this act. 2142
(c) In any sale of land pursuant to s. 197.542, Florida 2143
Statutes, as may be amended from time to time, the district may 2144
certify to the clerk of the circuit court of the county holding 2145
such sale the amount of taxes due to the district upon the lands 2146
sought to be sold, and the district shall share in the 2147
disbursement of the sales proceeds in accordance with this act 2148
and under general law. 2149
(17) FORECLOSURE OF LIENS. —Any lien in favor of the 2150
district arising under this act may be foreclosed by the 2151
district by foreclosure proceedings in the name of the district 2152
in a court of competent jurisdiction as provided by g eneral law 2153
in like manner as is provided in chapter 170 or chapter 173, 2154
Florida Statutes, and any amendments thereto, and those chapters 2155
shall be applicable to such proceedings with the same force and 2156
effect as if those chapters were expressly provided in this act. 2157
Any act required or authorized to be done by or on behalf of a 2158
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 88 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
municipality in foreclosure proceedings under chapter 170 or 2159
chapter 173, Florida Statutes, may be performed by such officer 2160
or agent of the district as the board of supervisors may 2161
designate. Such foreclosure proceedings may be brought at any 2162
time after the expiration of 1 year from the date any tax, or 2163
installment thereof, becomes delinquent; however, no lien shall 2164
be foreclosed against any political subdivision or agency of the 2165
state. Other legal remedies shall remain available. 2166
(18) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS, 2167
FACILITIES, AND SERVICES. —To the full extent permitted by 2168
general law, the district shall require all lands, buildings, 2169
premises, persons, firms, and corporat ions within the district 2170
to use the facilities of the district. 2171
(19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED 2172
PROVISIONS REQUIRED. — 2173
(a) A contract may not be let by the board for any goods, 2174
supplies, or materials to be purchased when the am ount thereof 2175
to be paid by the district shall exceed the amount provided in 2176
s. 287.017, Florida Statutes, for category four, unless notice 2177
of bids shall be published in a newspaper of general circulation 2178
in Sarasota County at least once. Any board seeking to construct 2179
or improve a public building, structure, or other public works 2180
shall comply with the bidding procedures of s. 255.20, Florida 2181
Statutes, as amended from time to time, and other applicable 2182
general law. In each case, the bid of the lowest respons ive and 2183
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 89 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
responsible bidder shall be accepted unless all bids are 2184
rejected because the bids are too high or the board determines 2185
it is in the best interests of the district to reject all bids. 2186
The board may require the bidders to furnish bond with a 2187
responsible surety to be approved by the board. Nothing in this 2188
subsection shall prevent the board from undertaking and 2189
performing the construction, operation, and maintenance of any 2190
project or facility authorized by this act by the employment of 2191
labor, material, and machinery. 2192
(b) The Consultants' Competitive Negotiation Act, s. 2193
287.055, Florida Statutes, applies to contracts for engineering, 2194
architecture, landscape architecture, or registered surveying 2195
and mapping services let by the board. 2196
(c) Contracts for maintenance services for any district 2197
facility or project shall be subject to competitive bidding 2198
requirements when the amount thereof to be paid by the district 2199
exceeds the amount provided in s. 287.017, Florida Statutes, as 2200
amended from time to time, for category four. The district shall 2201
adopt rules, policies, or procedures establishing competitive 2202
bidding procedures for maintenance services. Contracts for other 2203
services may not be subject to competitive bidding unless the 2204
district adopts a rule, policy, or procedure applying 2205
competitive bidding procedures to said contracts. Nothing herein 2206
shall preclude the use of requests for proposal instead of 2207
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 90 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
invitations to bid as determined by the district to be in its 2208
best interest. 2209
(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION 2210
AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS. — 2211
(a) The district is authorized to prescribe, fix, 2212
establish, and collect rates, fees, rentals, or other charges, 2213
hereinafter sometimes referred to as "revenues, " and to revise 2214
the same from time to time, for the systems, facilities, and 2215
services furnished by the district, within the limits of the 2216
district, including, but not limited to, recreational 2217
facilities, water management and control facilities, and water 2218
and sewer systems; to recover the costs of making connection 2219
with any district service, facility, or system; and to provide 2220
for reasonable penalties against any user or property for any 2221
such rates, fees, rentals, or other charges that are delinquent. 2222
(b) No such rates, fees, rentals, or other charges for any 2223
of the facilities or services of the district shall be fixed 2224
until after a public hearing at which all the users of the 2225
proposed facility or services or owners, tenants, or occupants 2226
served or to be served thereby and all other interested persons 2227
shall have an opportunity to be heard concerning the proposed 2228
rates, fees, rentals, or other charges. Rates, fees, rentals, 2229
and other charges shall be adopted under the administrative 2230
rulemaking authority of th e district, but do not apply to 2231
district leases. Notice of such public hearing setting forth the 2232
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 91 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
proposed schedule or schedules of rates, fees, rentals, and 2233
other charges shall have been published in a newspaper of 2234
general circulation in Sarasota County at least once and at 2235
least 10 days before such public hearing. The rulemaking hearing 2236
may be adjourned from time to time. After such hearing, such 2237
schedule or schedules, either as initially proposed or as 2238
modified or amended, may be finally adopted. A copy o f the 2239
schedule or schedules of such rates, fees, rentals, or charges 2240
as finally adopted shall be kept on file in an office designated 2241
by the board and shall be open at all reasonable times to public 2242
inspection. The rates, fees, rentals, or charges so fixed for 2243
any class of users or property served shall be extended to cover 2244
any additional users or properties thereafter served which shall 2245
fall in the same class, without the necessity of any notice or 2246
hearing. 2247
(c) Such rates, fees, rentals, and charges shall be just 2248
and equitable and uniform for users of the same class, and when 2249
appropriate may be based or computed either upon the amount of 2250
service furnished, upon the average number of persons residing 2251
or working in or otherwise occupying the premises se rved, or 2252
upon any other factor affecting the use of the facilities 2253
furnished, or upon any combination of the foregoing factors, as 2254
may be determined by the board on an equitable basis. 2255
(d) The rates, fees, rentals, or other charges prescribed 2256
shall be such as will produce revenues, together with any other 2257
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 92 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
assessments, taxes, revenues, or funds available or pledged for 2258
such purpose, at least sufficient to provide for the following 2259
items, but not necessarily in the order stated: 2260
1. To provide for all expe nses of operation and 2261
maintenance of such facility or service. 2262
2. To pay when due all bonds and interest thereon for the 2263
payment of which such revenues are, or shall have been, pledged 2264
or encumbered, including reserves for such purpose. 2265
3. To provide for any other funds which may be required 2266
under the resolution or resolutions authorizing the issuance of 2267
bonds pursuant to this act. 2268
(e) The board shall have the power to enter into contracts 2269
for the use of the projects of the district and with respect t o 2270
the services, systems, and facilities furnished or to be 2271
furnished by the district. 2272
(21) RECOVERY OF DELINQUENT CHARGES. —In the event that any 2273
rates, fees, rentals, charges, or delinquent penalties are not 2274
paid as and when due and are in default for 60 days or more, the 2275
unpaid balance thereof and all interest accrued thereon, 2276
together with reasonable attorney fees and costs, may be 2277
recovered by the district in a civil action. 2278
(22) DISCONTINUANCE OF SERVICES OR FACILITIES. —In the 2279
event the fees, rental s, or other charges for district services 2280
or facilities are not paid when due, the board shall have the 2281
power, under such reasonable rules and regulations as the board 2282
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 93 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
may adopt, to discontinue and shut off such services or 2283
facilities until such fees, rent als, or other charges, including 2284
interest, penalties, and charges for the shutting off and 2285
discontinuance and the restoration of such services or 2286
facilities, are fully paid; and, for such purposes, the board 2287
may enter on any lands, waters, or premises of a ny person, firm, 2288
corporation, or body, public or private, within the district 2289
limits. Such delinquent fees, rentals, or other charges, 2290
together with interest, penalties, and charges for the shutting 2291
off and discontinuance and the restoration of such servic es or 2292
facilities and reasonable attorney fees and other expenses, may 2293
be recovered by the district, which may also enforce payment of 2294
such delinquent fees, rentals, or other charges by any other 2295
lawful method of enforcement. 2296
(23) ENFORCEMENT AND PENALTIE S.—The board or any aggrieved 2297
person may have recourse to such remedies in general law and at 2298
equity as may be necessary to ensure compliance with this act, 2299
including injunctive relief to enjoin or restrain any person 2300
violating this act or any bylaws, reso lutions, regulations, 2301
rules, codes, or orders adopted under this act. In case any 2302
building or structure is erected, constructed, reconstructed, 2303
altered, repaired, converted, or maintained, or any building, 2304
structure, land, or water is used, in violation of this act or 2305
of any code, order, resolution, or other regulation made under 2306
authority conferred by this act or under general law, the board 2307
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 94 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or any citizen residing in the district may institute any 2308
appropriate action or proceeding to prevent such unlawful 2309
erection, construction, reconstruction, alteration, repair, 2310
conversion, maintenance, or use; to restrain, correct, or avoid 2311
such violation; to prevent the occupancy of such building, 2312
structure, land, or water; and to prevent any illegal act, 2313
conduct, business, or use in or about such premises, land, or 2314
water. 2315
(24) SUITS AGAINST THE DISTRICT. —Any suit or action 2316
brought or maintained against the district for damages arising 2317
out of tort, including, without limitation, any claim arising 2318
upon account of an act causing an injury or loss of property, 2319
personal injury, or death, shall be subject to the limitations 2320
provided in s. 768.28, Florida Statutes. 2321
(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION. —All 2322
district property shall be exempt from levy and sale b y virtue 2323
of an execution, and no execution or other judicial process 2324
shall issue against such property, nor shall any judgment 2325
against the district be a charge or lien on its property or 2326
revenues; however, nothing contained herein shall apply to or 2327
limit the rights of bondholders to pursue any remedy for the 2328
enforcement of any lien or pledge given by the district in 2329
connection with any of the bonds or obligations of the district. 2330
(26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT. — 2331
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 95 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) The board of supervisors of the district may not ask 2332
the Legislature to repeal or amend this act to expand or to 2333
contract the boundaries of the district or otherwise cause the 2334
merger or termination of the district without first obtaining a 2335
resolution or official state ment from Sarasota County as 2336
required by s. 189.031(2)(e)4., Florida Statutes, for creation 2337
of an independent special district. The district's consent may 2338
be evidenced by a resolution or other official written statement 2339
of the district. 2340
(b) The district shall remain in existence until: 2341
1. The district is terminated and dissolved pursuant to 2342
amendment to this act by the Legislature. 2343
2. The district has become inactive pursuant to s. 2344
189.062, Florida Statutes. 2345
(27) MERGER WITH COMMUNITY DEVELOPMENT DI STRICTS.—The 2346
district may merge with one or more community development 2347
districts situated wholly within its boundaries. The district 2348
shall be the surviving entity of the merger. Any mergers shall 2349
commence upon each such community development district fil ing a 2350
written request for merger with the district. A copy of the 2351
written request shall also be filed with Sarasota County. The 2352
district, subject to the direction of its board of supervisors, 2353
shall enter into a merger agreement which shall provide for the 2354
proper allocation of debt, the manner in which such debt shall 2355
be retired, the transition of the community development district 2356
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 96 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
board, and the transfer of all financial obligations and 2357
operating and maintenance responsibilities to the district. The 2358
execution of the merger agreement by the district and each 2359
community development district constitutes consent of the 2360
landowners within each district. The district and each community 2361
development district requesting merger shall hold a public 2362
hearing within its bou ndaries to provide information about and 2363
take public comment on the proposed merger in the merger 2364
agreement. The public hearing shall be held within 45 days after 2365
the execution of the merger agreement by all parties thereto. 2366
Notice of the public hearing sh all be published in a newspaper 2367
of general circulation in Sarasota County at least 14 days 2368
before the hearing. At the conclusion of the public hearing each 2369
district shall consider a resolution approving or disapproving 2370
the proposed merger. If the district and each community 2371
development district which is a party to the merger agreement 2372
adopt a resolution approving the proposed merger, the 2373
resolutions and the merger agreement shall be filed with 2374
Sarasota County. Upon receipt of the resolutions approving the 2375
merger and the merger agreement, Sarasota County shall adopt a 2376
nonemergency ordinance dissolving each community development 2377
district pursuant to s. 190.046 (10), Florida Statutes. 2378
(28) INCLUSION OF TERRITORY. —The inclusion of any or all 2379
territory of the district within a municipality does not change, 2380
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 97 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
alter, or affect the boundary, territory, existence, or 2381
jurisdiction of the district. 2382
(29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED 2383
DISCLOSURE TO PURCHASER. —Subsequent to the creation of this 2384
district under this act, each contract for the initial sale of a 2385
parcel of real property and each contract for the initial sale 2386
of a residential unit within the district shall include, 2387
immediately before the space reserved in the contract for the 2388
signature of the purchaser, the following disclosure statement 2389
in boldfaced and conspicuous type which is larger than the type 2390
in the remaining text of the contract: "THE THREE RIVERS 2391
STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, 2392
OR BOTH TAXES AND ASSESS MENTS, ON THIS PROPERTY. THESE TAXES AND 2393
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE 2394
COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE 2395
DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE 2396
DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY 2397
AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER 2398
TAXES AND ASSESSMENTS PROVIDED FOR BY GENERAL LAW." 2399
(30) NOTICE OF CREATION AND ESTABLISHMENT. —Within 30 days 2400
after the election of the first board of supervisors creating 2401
the district, the district shall cause to be recorded in the 2402
grantor-grantee index of the property records in Sarasota County 2403
a "Notice of Creation and Establishment of the Three Rivers 2404
CS/HB 1175 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1175-01-c1
Page 98 of 98
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Stewardship District." The notice shall, at a mi nimum, include 2405
the legal description of the territory described in this act. 2406
(31) DISTRICT PROPERTY PUBLIC; FEES. —Any system, facility, 2407
service, works, improvement, project, or other infrastructure 2408
owned by the district, or funded by federal tax exempt b onding 2409
issued by the district, is public; and the district by rule may 2410
regulate, and may impose reasonable charges or fees for, the use 2411
thereof, but not to the extent that such regulation or 2412
imposition of such charges or fees constitutes denial of 2413
reasonable access. 2414
Section 7. If any provision of this act or its application 2415
to any person or circumstance is held invalid, the invalidity 2416
does not affect the remaining provisions or applications of the 2417
act which can be given effect without the invalid provis ion or 2418
application, and to this end the provisions of this act are 2419
severable. 2420
Section 8. This act shall take effect July 1, 2023, except 2421
that the provisions of this act which authorize the levy of ad 2422
valorem taxation shall take effect only upon expre ss approval by 2423
a majority vote of those qualified electors of the Three Rivers 2424
Stewardship District, as required by Section 9, Article VII of 2425
the State Constitution, voting in a referendum election held at 2426
such time as all members of the board are qualifie d electors who 2427
are elected by qualified electors of the district as provided in 2428
this act. 2429