Florida 2023 Regular Session

Florida House Bill H1175 Compare Versions

Version 1 (Old)

Version 2 (New)

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2		-	~~ENROLLED~~
3		-	CS/HB 1175 2023 ~~Legislature~~
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7		-	CODING: Words stricken are deletions; words underlined are additions.
8		-	hb1175-~~02-er~~
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9	9		Page 1 of 98
10	10		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
11	11
12		-	1
	12	+	A bill to be entitled 1
13	13		An act relating to Sarasota County; creating the Three 2
14	14		Rivers Stewardship District; providing a short title, 3
15	15		legislative findings and intent, and definitions; 4
16	16		establishing compliance with minimum requirements in 5
17	17		s. 189.031(3), F.S., for creation of an inde pendent 6
18	18		special district; providing for creation and 7
19	19		establishment of the district; establishing the legal 8
20	20		boundaries of the district; providing for the 9
21	21		jurisdiction and charter of the district; providing 10
22	22		for a governing board; providing for membership, 11
23	23		election, and terms of office; providing for meetings; 12
24	24		providing administrative duties of the board; 13
25	25		providing a method for transition of the board from 14
26	26		landowner control to control by the resident electors 15
27	27		of the district; providing for a district manager a nd 16
28	28		district personnel; providing for a district 17
29	29		treasurer, selection of a public depository, and 18
30	30		district budgets and financial reports; providing for 19
31	31		the general powers of the district; providing for the 20
32	32		special powers of the district to plan, finance, an d 21
33	33		provide community infrastructure and services within 22
34	34		the district; providing that the exercise of the 23
35	35		special powers by the district is limited until such 24
36	36		time as the district enters into an interlocal 25
37		-	~~ENROLLED~~
38		-	CS/HB 1175 2023 ~~Legislature~~
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43		-	hb1175-~~02-er~~
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44	44		Page 2 of 98
45	45		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
46	46
47	47		agreement with Sarasota County; providing for bonds; 26
48	48		providing for borrowing; providing for future ad 27
49	49		valorem taxation; providing for special assessments; 28
50	50		providing for issuance of certificates of 29
51	51		indebtedness; providing for tax liens; providing for 30
52	52		competitive procurement; providing for fees and 31
53	53		charges; providing for amending the charter; providing 32
54	54		for required notices to purchasers of residential 33
55	55		units within the district; defining the term "district 34
56	56		public property"; providing for merger; providing for 35
57	57		construction; providing severability; providing for a 36
58	58		referendum; providing an effective date. 37
59	59		38
60	60		Be It Enacted by the Legislature of the State of Florida: 39
61	61		40
62	62		Section 1. This act may be cited as the "Three Rivers 41
63	63		Stewardship District Act." 42
64	64		Section 2. Legislative findings and intent; definitions; 43
65	65		policy.— 44
66	66		(1) LEGISLATIVE INTENT; PURPOSE OF THE DISTRICT. — 45
67	67		(a) The lands located wholly within Sarasota County 46
68	68		covered by this act contain many opportunities for thoughtful, 47
69	69		comprehensive, responsible, and consistent development over a 48
70	70		long period. 49
71		-	~~ENROLLED~~
72		-	CS/HB 1175 2023 ~~Legislature~~
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77		-	hb1175-~~02-er~~
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79	79		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
80	80
81	81		(b) There is a need to use a single special and limited 50
82	82		purpose independent special district unit of local government 51
83	83		for the Three Rivers Stewardship District lands located within 52
84	84		Sarasota County to provide for a more comprehensive community 53
85	85		development approach, which will facilitate an integral 54
86	86		relationship among regional transportation, land use, and urban 55
87	87		design to provide for a diverse mix of housing and regional 56
88	88		employment and economic development opportunities, rather than 57
89	89		fragmented development with un derutilized infrastructure which 58
90	90		is generally associated with urban sprawl. 59
91	91		(c) There is a considerably long period of time during 60
92	92		which there is a significant burden to provide various systems, 61
93	93		facilities, and services to the initial landowners of the T hree 62
94	94		Rivers Stewardship District lands, such that there is a need for 63
95	95		flexible management, sequencing, timing, and financing of the 64
96	96		various systems, facilities, and services to be provided to 65
97	97		these lands, taking into consideration absorption rates, 66
98	98		commercial viability, and related factors. Therefore, extended 67
99	99		control by the initial landowner with regard to the provision of 68
100	100		systems, facilities, and services for the Three Rivers 69
101	101		Stewardship District lands, coupled with the special and single 70
102	102		purpose of such district, is in the public interest. 71
103	103		(d) While chapter 190, Florida Statutes, provides an 72
104	104		opportunity for previous community development services and 73
105	105		facilities to be provided by the continued use of community 74
106		-	~~ENROLLED~~
107		-	CS/HB 1175 2023 ~~Legislature~~
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112		-	hb1175-~~02-er~~
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113	113		Page 4 of 98
114	114		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
115	115
116	116		development districts in a manner that furth ers the public 75
117	117		interest, given the size of the Three Rivers Stewardship 76
118	118		District lands and the duration of development continuing to 77
119	119		utilize multiple community development districts over these 78
120	120		lands which would result in an inefficient, duplicative, and 79
121	121		needless proliferation of local special purpose governments, 80
122	122		contrary to the public interest and the Legislature's findings 81
123	123		in chapter 190, Florida Statutes, it is in the public interest 82
124	124		that the long-range provision for, and management, financing, 83
125	125		and long-term maintenance, upkeep, and operation of, services 84
126	126		and facilities to be provided for ultimate development and 85
127	127		conservation of the lands covered by this act be under one 86
128	128		coordinated entity. The creation of an independent special 87
129	129		district will assist in in tegrating the management of state 88
130	130		resources and allow for greater and more coordinated stewardship 89
131	131		of natural resources. 90
132	132		(e) The existence and use of a special and limited purpose 91
133	133		local government for the Three Rivers Stewardship District 92
134	134		lands, subject to the Sarasota County comprehensive plan, will 93
135	135		provide for a comprehensive and complete community development 94
136	136		approach to promote a sustainable and efficient land use pattern 95
137	137		for the Three Rivers Stewardship District lands with long -term 96
138	138		planning for conservation and development; provide opportunities 97
139	139		for the mitigation of impacts and development of infrastructure 98
140	140		in an orderly and timely manner; prevent the overburdening of 99
141		-	~~ENROLLED~~
142		-	CS/HB 1175 2023 ~~Legislature~~
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147		-	hb1175-~~02-er~~
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148	148		Page 5 of 98
149	149		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
150	150
151	151		the local general purpose government and the taxpayers; and 100
152	152		provide an enhanced ta x base and regional employment and 101
153	153		economic development opportunities. 102
154	154		(f) The creation and establishment of the special district 103
155	155		will encourage local government financial self -sufficiency in 104
156	156		providing public facilities and in identifying and implementin g 105
157	157		fiscally sound, innovative, and cost -effective techniques to 106
158	158		provide and finance public facilities while encouraging 107
159	159		coordinated development of capital improvement plans by all 108
160	160		levels of government, in accordance with the goals of chapter 109
161	161		187, Florida Statutes. 110
162	162		(g) The creation and establishment of a special and single 111
163	163		purpose independent district is a legitimate supplemental and 112
164	164		alternative method available to manage, own, operate, construct, 113
165	165		and finance capital infrastructure systems, facilities, and 114
166	166		services. 115
167	167		(h) In order to be responsive to the critical timing 116
168	168		required through the exercise of its special management 117
169	169		functions, an independent special district requires financing of 118
170	170		those functions, including bondable lienable and nonlienable 119
171	171		revenue, with full and continuing public disclosure and 120
172	172		accountability, funded by landowners, both present and future, 121
173	173		and funded also by users of the systems, facilities, and 122
174	174		services provided to the land area by the special district, 123
175		-	~~ENROLLED~~
176		-	CS/HB 1175 2023 ~~Legislature~~
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181		-	hb1175-~~02-er~~
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182	182		Page 6 of 98
183	183		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
184	184
185	185		without unduly burdening the taxpayers, citizens, and ratepayers 124
186	186		of the state or Sarasota County. 125
187	187		(i) The special district created and established by this 126
188	188		act shall not have or exercise any comprehensive planning, 127
189	189		zoning, or development permitting power; the establishment of 128
190	190		the special district is not considered a development order 129
191	191		within the meaning of part 1 of chapter 380, Florida Statutes; 130
192	192		and all applicable planning and permitting laws, rules, 131
193	193		regulations, and policies of Sarasota County control the 132
194	194		development of the land to b e serviced by the special district, 133
195	195		including, but not limited, Sarasota County's provision of water 134
196	196		and wastewater service, fire prevention and control services, 135
197	197		law enforcement services, and mosquito and arthropod control 136
198	198		services and other similar servi ces provided by Sarasota County. 137
199	199		(j) The creation by this act of the Three Rivers 138
200	200		Stewardship District is not inconsistent with the Sarasota 139
201	201		County comprehensive plan. 140
202	202		(k) It is the legislative intent and purpose that no debt 141
203	203		or obligation of the special district constitute a burden on 142
204	204		Sarasota County. 143
205	205		(2) DEFINITIONS.—As used in this act: 144
206	206		(a) "Ad valorem bonds" means bonds that are payable from 145
207	207		the proceeds of ad valorem taxes levied on real and tangible 146
208	208		personal property and that are generall y referred to as general 147
209	209		obligation bonds. 148
210		-	~~ENROLLED~~
211		-	CS/HB 1175 2023 ~~Legislature~~
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217	217		Page 7 of 98
218	218		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
219	219
220	220		(b) "Assessable improvements" means, without limitation, 149
221	221		any and all public improvements and community facilities that 150
222	222		the district is empowered to provide in accordance with this act 151
223	223		that provide a special bene fit to property within the district. 152
224	224		(c) "Assessment bonds" means special obligations of the 153
225	225		district which are payable solely from proceeds of the special 154
226	226		assessments or benefit special assessments levied for assessable 155
227	227		improvements, provided that, in l ieu of issuing assessment bonds 156
228	228		to fund the costs of assessable improvements, the district may 157
229	229		issue revenue bonds for such purposes payable from assessments. 158
230	230		(d) "Assessments" means nonmillage district assessments 159
231	231		including special assessments, benefit special assessments, and 160
232	232		maintenance special assessments and a nonmillage, non -ad valorem 161
233	233		maintenance tax if authorized by general law. 162
234	234		(e) "Benefit special assessments" means district 163
235	235		assessments imposed, levied, and collected pursuant section 6. 164
236	236		(f) "Board of supervisors" or "board" means the governing 165
237	237		body of the district or, if such board has been abolished, the 166
238	238		board, body, or commission assuming the principal functions 167
239	239		thereof or to whom the powers given to the board by this act 168
240	240		have been given by general law. 169
241	241		(g) "Bond" includes "certificate," and the provisions that 170
242	242		are applicable to bonds are equally applicable to certificates. 171
243	243		The term also includes any general obligation bond, assessment 172
244	244		bond, refunding bond, revenue bond, bond anticipation n ote, and 173
245		-	~~ENROLLED~~
246		-	CS/HB 1175 2023 ~~Legislature~~
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252	252		Page 8 of 98
253	253		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
254	254
255	255		other such obligation in the nature of a bond as is provided for 174
256	256		in this act. 175
257	257		(h) "Cost" or "costs," when used in reference to any 176
258	258		project, includes, but is not limited to: 177
259	259		1. The expenses of determining the feasibility or 178
260	260		practicability of ac quisition, construction, or reconstruction. 179
261	261		2. The cost of surveys, estimates, plans, and 180
262	262		specifications. 181
263	263		3. The cost of improvements. 182
264	264		4. Engineering, architectural, fiscal, and legal expenses 183
265	265		and charges. 184
266	266		5. The cost of all labor, materials, machi nery, and 185
267	267		equipment. 186
268	268		6. The cost of all lands, properties, rights, easements, 187
269	269		and franchises acquired. 188
270	270		7. Financing charges. 189
271	271		8. The creation of initial reserve and debt service funds. 190
272	272		9. Working capital. 191
273	273		10. Interest charges incurred or estimated to be incurred 192
274	274		on money borrowed before and during construction and acquisition 193
275	275		and for such reasonable period of time after completion of 194
276	276		construction or acquisition as the board may determine. 195
277	277		11. The cost of issuance of bonds pursuant to this act, 196
278	278		including advertisements and printing. 197
279		-	~~ENROLLED~~
280		-	CS/HB 1175 2023 ~~Legislature~~
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282		-
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286	286		Page 9 of 98
287	287		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
288	288
289	289		12. The cost of any bond or tax referendum held pursuant 198
290	290		to this act and all other expenses of the issuance of bonds. 199
291	291		13. The discount, if any, on the sale or exchange of 200
292	292		bonds. 201
293	293		14. Administrative expenses. 202
294	294		15. Such other expenses as may be necessary or incidental 203
295	295		to the acquisition, construction, or reconstruction of any 204
296	296		project, or to the financing thereof, or to the development of 205
297	297		any lands within the district. 206
298	298		16. Payments, contributions, dedications, and a ny other 207
299	299		exactions required as a condition of receiving any governmental 208
300	300		approval or permit necessary to accomplish any district purpose. 209
301	301		17. Any other expense or payment permitted by this act or 210
302	302		allowable by general law. 211
303	303		(i) "District" means the Three Rivers Stewardship 212
304	304		District. 213
305	305		(j) "District manager" means the manager of the district. 214
306	306		(k) "District roads" means highways, streets, roads, 215
307	307		alleys, intersection improvements, sidewalks, crossings, 216
308	308		landscaping, irrigation, signage, signalization, storm drains, 217
309	309		bridges, multiuse trails, lighting, and thoroughfares of all 218
310	310		kinds. 219
311	311		(l) "General obligation bonds" means bonds which are 220
312	312		secured by, or provide for their payment by, the pledge of the 221
313	313		full faith and credit and taxing power of the district. 222
314		-	~~ENROLLED~~
315		-	CS/HB 1175 2023 ~~Legislature~~
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322	322		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
323	323
324	324		(m) "General-purpose local government" means a county, 223
325	325		municipality or consolidated city -county government. 224
326	326		(n) "Governing board member" means any member of the board 225
327	327		of supervisors. 226
328	328		(o) "Land development regulations" means those regulations 227
329	329		of the general purpose local government, adopted under the 228
330	330		Community Planning Act, codified as part II of chapter 163, 229
331	331		Florida Statutes, to which the district is subject and as to 230
332	332		which the district may not do anything that is inconsistent 231
333	333		therewith. Land development r egulations are not considered 232
334	334		specific management, engineering, operations, or capital 233
335	335		improvement planning, needed in the daily management, 234
336	336		implementation, and supplying by the district of systems, 235
337	337		facilities, services, works, improvements, projects, or 236
338	338		infrastructure, so long as they remain subject to and are not 237
339	339		inconsistent with the applicable county codes. 238
340	340		(p) "Landowner" means the owner of a freehold estate as it 239
341	341		appears on the deed record, including a trustee, a private 240
342	342		corporation, and an owner of a condominium unit. "Landowner" 241
343	343		does not include a reversioner, remainderman, mortgagee, or any 242
344	344		governmental entity which is not counted and does not need to be 243
345	345		notified of proceedings under this act. "Landowner" also means 244
346	346		the owner of a ground lease fro m a governmental entity, which 245
347	347		leasehold interest has a remaining term, excluding all renewal 246
348	348		options, in excess of 50 years. 247
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350		-	CS/HB 1175 2023 ~~Legislature~~
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357	357		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
358	358
359	359		(q) "Maintenance special assessments" are assessments 248
360	360		imposed, levied, and collected pursuant to section 6. 249
361	361		(r) "Non-ad valorem assessment" means only those 250
362	362		assessments which are not based upon millage and which can 251
363	363		become a lien against a homestead as permitted in s. 4, Art. X 252
364	364		of the State Constitution. 253
365	365		(s) "Three Rivers Stewardship District" means the special 254
366	366		and single-purpose independent special district unit of local 255
367	367		government and political subdivision created and chartered by 256
368	368		this act, and limited to the performance of those general and 257
369	369		special powers authorized by its charter under this act, the 258
370	370		boundaries of which are s et forth by the act, the governing 259
371	371		board of which is created and authorized to operate with legal 260
372	372		existence by this act, and the purpose of which is as set forth 261
373	373		in this act. 262
374	374		(t) "Powers" means powers used and exercised by the board 263
375	375		of supervisors to acc omplish the special and limited purpose of 264
376	376		the district, including: 265
377	377		1. "General powers," which means those organizational and 266
378	378		administrative powers of the district as provided in its charter 267
379	379		in order to carry out its special and limited purposes as a 268
380	380		local government public corporate body politic. 269
381	381		2. "Special powers," which means those powers provided by 270
382	382		the district charter to implement its specialized systems, 271
383	383		facilities, services, projects, improvements, and infrastructure 272
384		-	~~ENROLLED~~
385		-	CS/HB 1175 2023 ~~Legislature~~
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392	392		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
393	393
394	394		and related functions in or der to carry out its special and 273
395	395		limited purposes. 274
396	396		3. Any other powers, authority, or functions set forth in 275
397	397		this act. 276
398	398		(u) "Project" means any development, improvement, 277
399	399		property, power, utility, facility, enterprise, service, system, 278
400	400		works, or infrastructure now existing or hereafter undertaken or 279
401	401		established under this act. 280
402	402		(v) "Qualified elector" means any person at least 18 years 281
403	403		of age who is a citizen of the United States and a legal 282
404	404		resident of the state and of the district and who registers to 283
405	405		vote with the Supervisor of Elections in Sarasota County and 284
406	406		resides in Sarasota County. 285
407	407		(w) "Reclaimed water" means water, including from wells or 286
408	408		stormwater management facilities, that has received at least 287
409	409		secondary treatment and basic disinfection an d is reused after 288
410	410		flowing out of a domestic wastewater treatment facility or 289
411	411		otherwise reused as an approved use of surface water or 290
412	412		groundwater by the water management district. 291
413	413		(x) "Reclaimed water system" means any plant, well, system, 292
414	414		facility, or property, and any addition, extension, or 293
415	415		improvement thereto at any future time constructed or acquired 294
416	416		as part thereof, useful, necessary, or having the present 295
417	417		capacity for future use in connection with the development of 296
418	418		sources, treatment, purification, or distribution of reclaimed 297
419		-	~~ENROLLED~~
420		-	CS/HB 1175 2023 ~~Legislature~~
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422		-
423		-
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425		-	hb1175-~~02-er~~
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426	426		Page 13 of 98
427	427		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
428	428
429	429		water. The term includes franchises of any nature relating to 298
430	430		any such system and necessary or convenient for the operation 299
431	431		thereof including for the district's own use or resale. 300
432	432		(y) "Refunding bonds" means bonds issued to r efinance 301
433	433		outstanding bonds of any type and the interest and redemption 302
434	434		premium thereon. Refunding bonds may be issuable and payable in 303
435	435		the same manner as refinanced bonds, except that no approval by 304
436	436		the electorate shall be required unless required by the S tate 305
437	437		Constitution. 306
438	438		(z) "Revenue bonds" means obligations of the district that 307
439	439		are payable from revenues, including, but not limited to, 308
440	440		special assessments and benefit special assessments, derived 309
441	441		from sources other than ad valorem taxes on real or tangi ble 310
442	442		personal property and that do not pledge the property, credit, 311
443	443		or general tax revenue of the district. 312
444	444		(aa) "Sewer system" means any plant, system, facility, or 313
445	445		property, and additions, extensions, and improvements thereto at 314
446	446		any future time construc ted or acquired as part thereof, useful 315
447	447		or necessary or having the present capacity for future use in 316
448	448		connection with the collection, treatment, purification, or 317
449	449		disposal of sewage, including, but not limited to, industrial 318
450	450		wastes resulting from any proces s of industry, manufacture, 319
451	451		trade, or business or from the development of any natural 320
452	452		resource. The term also includes treatment plants, pumping 321
453	453		stations, lift stations, valves, force mains, intercepting 322
454		-	~~ENROLLED~~
455		-	CS/HB 1175 2023 ~~Legislature~~
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461	461		Page 14 of 98
462	462		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
463	463
464	464		sewers, laterals, pressure lines, mains, and all nec essary 323
465	465		appurtenances and equipment; all sewer mains, laterals, and 324
466	466		other devices for the reception and collection of sewage from 325
467	467		premises connected therewith; and all real and personal property 326
468	468		and any interest therein, and rights, easements, and franchise s 327
469	469		of any nature relating to any such system and necessary or 328
470	470		convenient for operation thereof. 329
471	471		(bb) "Special assessments" means assessments as imposed, 330
472	472		levied, and collected by the district for the costs of 331
473	473		assessable improvements pursuant to this act, c hapter 170, 332
474	474		Florida Statutes, and the additional authority under s. 333
475	475		197.3631, Florida Statutes, or any other provision of general 334
476	476		law, now or hereinafter enacted, which provide or authorize a 335
477	477		supplemental means to impose, levy, or collect special 336
478	478		assessments. 337
479	479		(cc) "Taxes" or "tax" means those levies and impositions 338
480	480		of the board of supervisors that support and pay for government 339
481	481		and the administration of general law and that may be: 340
482	482		1. Ad valorem or property taxes based upon both the 341
483	483		appraised value of p roperty and millage, at a rate uniform 342
484	484		within the jurisdiction; or 343
485	485		2. If and when authorized by general law, non -ad valorem 344
486	486		maintenance taxes not based on millage that are used to maintain 345
487	487		district systems, facilities, and services. 346
488		-	~~ENROLLED~~
489		-	CS/HB 1175 2023 ~~Legislature~~
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496	496		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
497	497
498	498		(dd) "Water system" means any plant, system, facility, or 347
499	499		property, and any addition, extension, or improvement thereto at 348
500	500		any future time constructed or acquired as a part thereof, 349
501	501		useful, necessary, or having the present capacity for future use 350
502	502		in connection with the devel opment of sources, treatment, 351
503	503		purification, or distribution of water. The term also includes 352
504	504		dams, reservoirs, storage tanks, mains, lines, valves, pumping 353
505	505		stations, laterals, and pipes for the purpose of carrying water 354
506	506		to the premises connected with such system, and all rights, 355
507	507		easements, and franchises of any nature relating to any such 356
508	508		system and necessary or convenient for the operation thereof. 357
509	509		(3) POLICY.—Based upon its findings, ascertainments, 358
510	510		determinations, intent, purpose, and definitions, the 359
511	511		Legislature states its policy expressly: 360
512	512		(a) The district and the district charter, with its 361
513	513		general and special powers, as created in this act, are 362
514	514		essential and the best alternative for the residential, 363
515	515		commercial, office, hotel, health care, and other similar 364
516	516		community uses, projects, or functions in the included portion 365
517	517		of Sarasota County consistent with the effective comprehensive 366
518	518		plan, and designed to serve a lawful public purpose. 367
519	519		(b) The district, which is a local government and a 368
520	520		political subdivision, is limited to its special purpose as 369
521	521		expressed in this act, with the power to provide, plan, 370
522	522		implement, construct, maintain, and finance as a local 371
523		-	~~ENROLLED~~
524		-	CS/HB 1175 2023 ~~Legislature~~
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531	531		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
532	532
533	533		government management entity systems, facilities, services, 372
534	534		improvements, infrastructure, and proje cts, and possessing 373
535	535		financing powers to fund its management power over the long term 374
536	536		and with sustained levels of high quality. 375
537	537		(c) The creation of the Three Rivers Stewardship District 376
538	538		by and pursuant to this act, and its exercise of its management 377
539	539		and related financing powers to implement its limited, single, 378
540	540		and special purpose, is not a development order and does not 379
541	541		trigger or invoke any provision within the meaning of chapter 380
542	542		380, Florida Statutes, and all applicable governmental planning, 381
543	543		environmental, and land development laws, regulations, rules, 382
544	544		policies, and ordinances apply to all development of the land 383
545	545		within the jurisdiction of the district as created by this act. 384
546	546		(d) The district shall operate and function subject to, 385
547	547		and not inconsistent with, the applicable comprehensive plan of 386
548	548		Sarasota County and any applicable development orders, (e.g. 387
549	549		detailed site plan development orders), zoning regulations, and 388
550	550		other land development regulations. 389
551	551		(e) The special and single purpose Three Rivers 390
552	552		Stewardship District does not have the power of a general -391
553	553		purpose local government to adopt a comprehensive plan or 392
554	554		related land development regulation as those terms are defined 393
555	555		in the Community Planning Act. 394
556	556		(f) This act may be amended, in whole or in part, only by 395
557	557		special act of the Legislature. The board of supervisors of the 396
558		-	~~ENROLLED~~
559		-	CS/HB 1175 2023 ~~Legislature~~
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565	565		Page 17 of 98
566	566		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
567	567
568	568		district may not ask the Legislature to amend this act without 397
569	569		first obtaining a resolution or official statement from the 398
570	570		district and Sarasota County as provided in s. 189.031( 2)(e)4., 399
571	571		Florida Statutes, for the creation of an independent special 400
572	572		district. 401
573	573		Section 3. Minimum charter requirements; creation and 402
574	574		establishment; jurisdiction; construction; charter. — 403
575	575		(1) Pursuant to s. 189.031(3), Florida Statutes, the 404
576	576		Legislature sets forth that the minimum requirements in 405
577	577		paragraphs (a) through (o) have been met in the identified 406
578	578		provisions of this act as follows: 407
579	579		(a) The purpose of the district is provided in subsection 408
580	580		(4) and this section. 409
581	581		(b) The powers, functions, and d uties of the district 410
582	582		regarding ad valorem taxation, bond issuance, other revenue - 411
583	583		raising capabilities, budget preparation and approval, liens and 412
584	584		foreclosure of liens, use of tax deeds and tax certificates as 413
585	585		appropriate for non-ad valorem assessments, a nd contractual 414
586	586		agreements are provided in section 6. 415
587	587		(c) The methods for establishing the district are provided 416
588	588		in this section. 417
589	589		(d) The methods for amending the charter of the district 418
590	590		are provided in this section. 419
591	591		(e) The membership and organizatio n of the governing body 420
592	592		and the establishment of a quorum are provided in section 5. 421
593		-	~~ENROLLED~~
594		-	CS/HB 1175 2023 ~~Legislature~~
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601	601		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
602	602
603	603		(f) The maximum compensation of board members is provided 422
604	604		in section 6. 423
605	605		(g) The administrative duties of the governing body are 424
606	606		provided in section 6. 425
607	607		(h) The requirements for financial disclosure, noticing, 426
608	608		and reporting are provided in section 6. 427
609	609		(i) The procedures and requirements for issuing bonds are 428
610	610		provided in section 6. 429
611	611		(j) The requirements for elections or referendums and 430
612	612		qualifications of an elector of t he district are provided in 431
613	613		this section and section 6. 432
614	614		(k) The methods for financing the district are provided in 433
615	615		section 6. 434
616	616		(l) Other than taxes levied for the payment of bonds and 435
617	617		taxes levied for periods of up to 2 years when authorized by a 436
618	618		vote of the electors of the district, the authority to levy ad 437
619	619		valorem tax and the authorized millage rate are provided in 438
620	620		section 6. 439
621	621		(m) The methods for collecting non -ad valorem assessments, 440
622	622		fees, or service charges are provided in section 6. 441
623	623		(n) The requirements for planning are provided in this 442
624	624		section and section 6. 443
625	625		(o) The geographic boundary limitations of the district 444
626	626		are provided in sections 5 and 6. 445
627		-	~~ENROLLED~~
628		-	CS/HB 1175 2023 ~~Legislature~~
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635	635		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
636	636
637	637		(2) The Three Rivers Stewardship District is created and 446
638	638		incorporated as a public body corporate and politic, an 447
639	639		independent special and limited purpose local government, an 448
640	640		independent special district, under s. 189.031, Florida 449
641	641		Statutes, and as defined in this act and in s. 189.012(3), 450
642	642		Florida Statutes, in and for portions of Sarasota County. Any 451
643	643		amendments to chapter 190, Florida Statutes, after January 1, 452
644	644		2023, granting additional general powers, special powers, 453
645	645		authorities, or projects to a community development district by 454
646	646		amendment to its uniform charter contained in ss. 190.006 -455
647	647		190.041, Florida Statutes, which are not inconsistent with this 456
648	648		act, shall constitute a general power, special power, authority, 457
649	649		or function of the Three Rivers Stewardship District; provided, 458
650	650		however, that the exercise of any such additional powers shall 459
651	651		be subject to the requirement that the district execute or amend 460
652	652		an interlocal agreement with Sarasota County consenting to the 461
653	653		exercise of any such additional powers as provided in this act. 462
654	654		All notices for the enactment by the Legislature of this special 463
655	655		act have been provided pursuant to the State Constitution, the 464
656	656		Laws of Florida, and the rules of the House of Representatives 465
657	657		and of the Senate. A referendum subsequent to the effective date 466
658	658		of this act is not required as a condition of establishing the 467
659	659		district. Therefore, the district, as created by this act, is 468
660	660		established on the property described in this act. 469
661		-	~~ENROLLED~~
662		-	CS/HB 1175 2023 ~~Legislature~~
663		-
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666		-	CODING: Words stricken are deletions; words underlined are additions.
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669	669		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
670	670
671	671		(3) The territorial boundary of the district shall embrace 470
672	672		and include all of that certain real property described in 471
673	673		section 6. 472
674	674		(4) The jurisdiction of t he district, in the exercise of 473
675	675		its general and special powers, and in the carrying out of its 474
676	676		special and limited purposes, is both within the external 475
677	677		boundaries of the legal description of this district and 476
678	678		extraterritorially when limited to, and as aut horized expressly 477
679	679		elsewhere in, the charter of the district as created in this act 478
680	680		or applicable general law. This special and limited purpose 479
681	681		district is created as a public body corporate and politic, and 480
682	682		local government authority and power is limited b y its charter, 481
683	683		this act, and subject to other general laws, including chapter 482
684	684		189, Florida Statutes, except that an inconsistent provision in 483
685	685		this act shall control and the district has jurisdiction to 484
686	686		perform such acts and exercise such authorities, funct ions, and 485
687	687		powers as shall be necessary, convenient, incidental, proper, or 486
688	688		reasonable for the implementation of its special and limited 487
689	689		purpose regarding the sound planning, provision, acquisition, 488
690	690		development, operation, maintenance, and related financing of 489
691	691		those public systems, facilities, services, improvements, 490
692	692		projects, and infrastructure works as authorized herein, 491
693	693		including those necessary and incidental thereto. The district 492
694	694		shall only exercise any of its powers extraterritorially within 493
695	695		Sarasota County after execution of an interlocal agreement 494
696		-	~~ENROLLED~~
697		-	CS/HB 1175 2023 ~~Legislature~~
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700		-
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704	704		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
705	705
706	706		between the district and Sarasota County consenting to the 495
707	707		district's exercise of any of such powers within Sarasota County 496
708	708		or an applicable development order or as part of other land 497
709	709		development regulations issued by Sarasota County. 498
710	710		(5) The exclusive charter of the Three Rivers Stewardship 499
711	711		District is this act and, except as otherwise provided in 500
712	712		subsection (2), may be amended only by special act of the 501
713	713		Legislature. 502
714	714		Section 4. Formation; boundaries. —The Three Rivers 503
715	715		Stewardship District, an independent special district, is 504
716	716		created and incorporated in Sarasota County and shall embrace 505
717	717		and include the territory described as: 506
718	718		507
719	719		DESCRIPTION (as prepared by the certifying Surveyor 508
720	720		and Mapper): 509
721	721		A tract of land of lying in Sections 16, 20, 21, 28, 510
722	722		29 & 32, Township 37 South, Range 19 East, Sarasota 511
723	723		County, Florida, being more particularly described as 512
724	724		follows: 513
725	725		BEGIN at the northernmost corner of LT Ranch 514
726	726		Neighborhood One recorded in Plat Book 53, Page 175 of 515
727	727		the Public Records of Sarasota County, Florida; the 516
728	728		following nine (9) calls are along the westerly 517
729	729		boundary line of said LT Ranch Neighborhood One: (1) 518
730	730		thence S.34°10'43"W., a distance of 1,104.05 feet to a 519
731		-	~~ENROLLED~~
732		-	CS/HB 1175 2023 ~~Legislature~~
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739	739		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
740	740
741	741		point of curvature of a curve to the left havin g a 520
742	742		radius of 2,865.00 feet and a central angle of 521
743	743		33°39'37"; (2) thence Southerly along the arc of said 522
744	744		curve, a distance of 1,683.14 feet, to the point of 523
745	745		tangency of said curve; (3) thence S.00°31'06"W., a 524
746	746		distance of 255.04 feet to a point of curvature of a 525
747	747		curve to the right having a radius of 955.00 feet and 526
748	748		a central angle of 24°06'58"; (4) thence Southerly 527
749	749		along the arc of said curve, a distance of 401.96 528
750	750		feet, to the point of tangency of said curve; (5) 529
751	751		thence S.24°38'04"W., a distance of 694.50 f eet to the 530
752	752		point of curvature of a non -tangent curve to the left, 531
753	753		having a radius of 955.09 feet and a central angle of 532
754	754		31°14'51"; (6) thence Southerly along the arc of said 533
755	755		curve, a distance of 520.88 feet, said curve having a 534
756	756		chord bearing and distance o f S.09°18'38"W., 514.45 535
757	757		feet, to the point of tangency of said curve; (7) 536
758	758		thence S.06°18'48"E., a distance of 1,214.80 feet to 537
759	759		the point of curvature of a non -tangent curve to the 538
760	760		right, having a radius of 955.00 feet and a central 539
761	761		angle of 69°53'06"; (8) thence Southwesterly along the 540
762	762		arc of said curve, a distance of 1,164.84 feet, said 541
763	763		curve having a chord bearing and distance of 542
764	764		S.28°37'10"W., 1,093.96 feet, to the point of tangency 543
765	765		of said curve; (9) thence S.63°33'43"W., along said 544
766		-	~~ENROLLED~~
767		-	CS/HB 1175 2023 ~~Legislature~~
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774	774		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
775	775
776	776		westerly boundary an d the extension thereof, a 545
777	777		distance of 390.82 feet to a point of curvature of a 546
778	778		curve to the left having a radius of 955.00 feet and a 547
779	779		central angle of 49°33'39"; the following seven (7) 548
780	780		calls are along the centerline of a 150 -foot wide 549
781	781		Access Easement, recorded in Official Record 550
782	782		Instrument Number 2015078648 of said Public Records; 551
783	783		(1) thence Southwesterly along the arc of said curve, 552
784	784		a distance of 826.07 feet, to the point of tangency of 553
785	785		said curve; (2) thence S.14°00'06"W., a distance of 554
786	786		1,573.41 feet to a point of curvature of a curve to 555
787	787		the right having a radius of 955.00 feet and a central 556
788	788		angle of 75°26'47"; (3) thence Southwesterly along the 557
789	789		arc of said curve, a distance of 1,257.53 feet, to the 558
790	790		point of tangency of said curve; (4) thence 559
791	791		S.89°26'53"W., a distance of 400.65 feet to a point of 560
792	792		curvature of a curve to the left having a radius of 561
793	793		694.00 feet and a central angle of 89°57'53"; (5) 562
794	794		thence Southwesterly along the arc of said curve, a 563
795	795		distance of 1,089.71 feet, to the point of tangency of 564
796	796		said curve; (6) thence S.00°31'00"E., a distance of 565
797	797		1,416.57 feet; (7) thence S.00°33'01"W., a distance of 566
798	798		2691.22 feet to the end of said 150 -foot wide Access 567
799	799		Easement, also being a point on the easterly line of 568
800	800		aforementioned Section 32; thence S.00°35'45" W., 569
801		-	~~ENROLLED~~
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809	809		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
810	810
811	811		along the easterly line of said Section 32, a distance 570
812	812		of 2690.82 feet to the southeast corner of said 571
813	813		Section 32; thence N.89°34'53"W., along the southerly 572
814	814		line of said Section 32, a distance of 5,348.98 feet 573
815	815		to the southwest corner of said Section 32 ; thence 574
816	816		N.01°29'58"E., along the westerly line of said Section 575
817	817		32, a distance of 5,355.02 feet to the southwest 576
818	818		corner of the aforementioned Section 29; thence 577
819	819		N.01°03'48"W., along the westerly line of said Section 578
820	820		29, a distance of 5,373.24 feet to the southwest 579
821	821		corner of the aforementioned Section 20; thence 580
822	822		N.88°56'12"E., a distance of 25.00 feet to the east 581
823	823		line of Ibis Street, recorded in Official Record Book 582
824	824		60, Page 196 of said Public Records; thence 583
825	825		N.00°21'49"W., along said east line, a dista nce of 584
826	826		5,396.54 feet to the north line of said Section 20; 585
827	827		thence S.89°33'38"E., a distance of 5,323.34 feet to 586
828	828		the southwest corner of the aforementioned Section 16; 587
829	829		thence N.00°24'46"E., along the west line of said 588
830	830		Section 16, a distance of 1,320.36 feet ; thence 589
831	831		S.89°52'39"E., a distance of 2,660.98 feet; thence 590
832	832		N.00°53'16"E., a distance of 1,295.00 feet to the 591
833	833		south right-of-way line of Clark Road, State Road 72; 592
834	834		thence S.55°49'33"E., along said south right -of-way 593
835		-	~~ENROLLED~~
836		-	CS/HB 1175 2023 ~~Legislature~~
837		-
838		-
839		-
840		-	CODING: Words stricken are deletions; words underlined are additions.
841		-	hb1175-~~02-er~~
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842	842		Page 25 of 98
843	843		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
844	844
845	845		line, a distance of 3,081.77 feet to the POINT OF 594
846	846		BEGINNING. 595
847	847		Said tract of land contains 2,802.19 acres, more or 596
848	848		less. 597
849	849		598
850	850		LESS AND EXCEPT: (The School Board of Sarasota County, 599
851	851		Florida - Official Record Instrument #2020093694) 600
852	852		A parcel of land lying in Section 21, Township 37 601
853	853		South, Range 19 East, Sarasota County, Florida, and 602
854	854		being more particularly described as follows: 603
855	855		COMMENCE at the Northeast corner of said Section 21, 604
856	856		run thence along the North boundary of said Section 605
857	857		21, N.89°41'18"W., a distance of 766.13 feet to a 606
858	858		point on a curve on the Westerly boundary of the 150 -607
859	859		foot Access Easement, according to Official Records 608
860	860		Instrument Number 2015078648, of the Public Records of 609
861	861		Sarasota County, Florida; thence along said Westerly 610
862	862		boundary of the 150-foot Access Easement, the 611
863	863		following eight (8) c ourses: 1) Southerly, 1683.76 612
864	864		feet along the arc of a non -tangent curve to the left 613
865	865		having a radius of 2940.00 feet and a central angle of 614
866	866		32°48'50" (chord bearing S.16°55'31"W., 1660.85 feet); 615
867	867		2) S.00°31'06"W., a distance of 255.04 feet; 3) 616
868	868		Southerly, 370.40 feet along the arc of a tangent 617
869	869		curve to the right having a radius of 880.00 feet and 618
870		-	~~ENROLLED~~
871		-	CS/HB 1175 2023 ~~Legislature~~
872		-
873		-
874		-
875		-	CODING: Words stricken are deletions; words underlined are additions.
876		-	hb1175-~~02-er~~
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877	877		Page 26 of 98
878	878		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
879	879
880	880		a central angle of 24°06'58" (chord bearing 619
881	881		S.12°34'35"W., 367.67 feet); 4) S.24°38'04"W., a 620
882	882		distance of 699.55 feet; 5) Southerly, 78.13 feet 621
883	883		along the arc of a tang ent curve to the left having a 622
884	884		radius of 1030.00 feet and a central angle of 623
885	885		04°20'47" (chord bearing S.22°27'40"W., 78.12 feet) to 624
886	886		the POINT OF BEGINNING; 6) Southerly, 478.21 feet 625
887	887		along the arc of a non -tangent curve to the left 626
888	888		having a radius of 1030.0 0 feet and a central angle of 627
889	889		26°36'05" (chord bearing S.06°59'14"W., 473.93 feet); 628
890	890		7) S.06°18'48"E., a distance of 1214.80 feet; 8) 629
891	891		Southerly, 172.95 feet along the arc of a tangent 630
892	892		curve to the right having a radius of 880.00 feet and 631
893	893		a central angle of 11°15'37" (chord bearing 632
894	894		S.00°40'59"E., 172.67 feet); thence Southwesterly, 633
895	895		41.76 feet along the arc of a compound curve to the 634
896	896		right having a radius of 25.00 feet and a central 635
897	897		angle of 95°42'19" (chord bearing S.52°47'59"W., 37.07 636
898	898		feet); thence N.79°20'5 2"W., a distance of 132.30 637
899	899		feet; thence Northwesterly, 670.59 feet along the arc 638
900	900		of a tangent curve to the right having a radius of 639
901	901		940.00 feet and a central angle of 40°52'28" (chord 640
902	902		bearing N.58°54'38"W., 656.46 feet); thence 641
903	903		Northwesterly, 953.27 feet a long the arc of a reverse 642
904	904		curve to the left having a radius of 1060.00 feet and 643
905		-	~~ENROLLED~~
906		-	CS/HB 1175 2023 ~~Legislature~~
907		-
908		-
909		-
910		-	CODING: Words stricken are deletions; words underlined are additions.
911		-	hb1175-~~02-er~~
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	906	+	CS/HB 1175 2023
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912	912		Page 27 of 98
913	913		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
914	914
915	915		a central angle of 51°31'36" (chord bearing 644
916	916		N.64°14'12"W., 921.47 feet); thence N.90°00'00"W., a 645
917	917		distance of 178.46 feet; thence N.00°00'00"E., a 646
918	918		distance of 1497.37 feet; then ce N.90°00'00"E., a 647
919	919		distance of 546.03 feet; thence Easterly, 619.13 feet 648
920	920		along the arc of a tangent curve to the right having a 649
921	921		radius of 1440.00 feet and a central angle of 650
922	922		24°38'04" (chord bearing S.77°40'58"E., 614.37 feet); 651
923	923		thence S.65°21'56"E., a dis tance of 542.10 feet; 652
924	924		thence Southeasterly, 37.37 feet along the arc of a 653
925	925		tangent curve to the right having a radius of 25.00 654
926	926		feet and a central angle of 85°39'13" (chord bearing 655
927	927		S.22°32'20"E., 33.99 feet) to the POINT OF BEGINNING. 656
928	928		Containing 65.09 acres, more or less. 657
929	929		TOTAL DESCRIBED PARCEL CONTAINING 2,737.1 ACRES, MORE 658
930	930		OR LESS. 659
931	931		Being subject to any rights -of-way, restrictions and 660
932	932		easements of record. 661
933	933		Section 5. Board of supervisors; members and meetings; 662
934	934		organization; powers; duties; terms of office ; related election 663
935	935		requirements.— 664
936	936		(1) The board of the district shall exercise the powers 665
937	937		granted to the district pursuant to this act. The board shall 666
938	938		consist of five members, each of whom shall hold office for a 667
939	939		term of 4 years, as provided in this sec tion, except as 668
940		-	~~ENROLLED~~
941		-	CS/HB 1175 2023 ~~Legislature~~
942		-
943		-
944		-
945		-	CODING: Words stricken are deletions; words underlined are additions.
946		-	hb1175-~~02-er~~
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948	948		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
949	949
950	950		otherwise provided herein for initial board members, and until a 669
951	951		successor is chosen and qualified. The members of the board must 670
952	952		be residents of the state and citizens of the United States. 671
953	953		(2)(a) Within 90 days after the effective date of this 672
954	954		act, there shall be held a meeting of the landowners of the 673
955	955		district for the purpose of electing five supervisors for the 674
956	956		district. Notice of the landowners' meeting shall be published 675
957	957		in a newspaper of general circulation in the general area of th e 676
958	958		district once a week for 2 consecutive weeks, the last day of 677
959	959		such publication to be not fewer than 14 days nor more than 28 678
960	960		days before the date of the election. The landowners, when 679
961	961		assembled at such meeting, shall organize by electing a chair, 680
962	962		who shall conduct the meeting. The chair may be any person 681
963	963		present at the meeting. If the chair is a landowner or proxy 682
964	964		holder of a landowner, he or she may nominate candidates and 683
965	965		make and second motions. The landowners present at the meeting, 684
966	966		in person or by proxy, shall constitute a quorum. At any 685
967	967		landowners' meeting, 50 percent of the district acreage is not 686
968	968		required to constitute a quorum, and each governing board member 687
969	969		elected by landowners shall be elected by a majority of the 688
970	970		acreage represented either by owner or proxy present and voting 689
971	971		at said meeting. 690
972	972		(b) At such meeting, each landowner shall be entitled to 691
973	973		cast one vote per acre of land owned by him or her and located 692
974	974		within the district for each person to be elected. A landowner 693
975		-	~~ENROLLED~~
976		-	CS/HB 1175 2023 ~~Legislature~~
977		-
978		-
979		-
980		-	CODING: Words stricken are deletions; words underlined are additions.
981		-	hb1175-~~02-er~~
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982	982		Page 29 of 98
983	983		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
984	984
985	985		may vote in person or by proxy in writing. Each proxy must be 694
986	986		signed by one of the legal owners of the property for which the 695
987	987		vote is cast and must contain the typed or printed name of the 696
988	988		individual who signed the proxy; the street address, legal 697
989	989		description of the property , or tax parcel identification 698
990	990		number; and the number of authorized votes. If the proxy 699
991	991		authorizes more than one vote, each property must be listed and 700
992	992		the number of acres of each property must be included. The 701
993	993		signature on a proxy need not be notarized. A fraction of an 702
994	994		acre shall be treated as 1 acre, entitling the landowner to one 703
995	995		vote with respect thereto. The three candidates receiving the 704
996	996		highest number of votes shall each be elected for terms expiring 705
997	997		November 14, 2028, and the two candidates receivi ng the next 706
998	998		highest number of votes shall each be elected for terms expiring 707
999	999		November 17, 2026, with the term of office for each successful 708
1000	1000		candidate commencing upon election. The members of the first 709
1001	1001		board elected by landowners shall serve their respectiv e terms; 710
1002	1002		however, the next election of board members shall be held on the 711
1003	1003		first Tuesday after the first Monday in November 2026. 712
1004	1004		Thereafter, there shall be an election by landowners for the 713
1005	1005		district every 2 years on the first Tuesday after the first 714
1006	1006		Monday in November, which shall be noticed pursuant to paragraph 715
1007	1007		(a). The second and subsequent landowners' election shall be 716
1008	1008		announced at a public meeting of the board at least 90 days 717
1009	1009		before the date of the landowners' meeting and shall also be 718
1010		-	~~ENROLLED~~
1011		-	CS/HB 1175 2023 ~~Legislature~~
1012		-
1013		-
1014		-
1015		-	CODING: Words stricken are deletions; words underlined are additions.
1016		-	hb1175-~~02-er~~
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1017	1017		Page 30 of 98
1018	1018		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
1019	1019
1020	1020		noticed pursuant to paragraph (a). Instructions on how all 719
1021	1021		landowners may participate in the election, along with sample 720
1022	1022		proxies, shall be provided during the board meeting that 721
1023	1023		announces the landowners' meeting. Each supervisor elected in or 722
1024	1024		after November 2026 shall se rve a 4-year term. 723
1025	1025		(3)(a)1. The board may not exercise the ad valorem taxing 724
1026	1026		power authorized by this act until such time as all members of 725
1027	1027		the board are qualified electors who are elected by qualified 726
1028	1028		electors of the district. 727
1029	1029		2.a. Regardless of wheth er the district has proposed to 728
1030	1030		levy ad valorem taxes, board members shall be elected by 729
1031	1031		qualified electors of the district as the district becomes 730
1032	1032		populated with qualified electors. The transition shall occur 731
1033	1033		such that the composition of the board, after the first general 732
1034	1034		election following a trigger of the qualified elector population 733
1035	1035		thresholds set forth below, shall be as follows: 734
1036	1036		(I) Once 5,981 qualified electors reside within the 735
1037	1037		district, one governing board member shall be a person who is a 736
1038	1038		qualified elector of the district and who was elected by the 737
1039	1039		qualified electors, and four governing board members shall be 738
1040	1040		persons who were elected by the landowners. 739
1041	1041		(II) Once 11,963 qualified electors reside within the 740
1042	1042		district, two governing board members s hall be persons who are 741
1043	1043		qualified electors of the district and who were elected by the 742
1044		-	~~ENROLLED~~
1045		-	CS/HB 1175 2023 ~~Legislature~~
1046		-
1047		-
1048		-
1049		-	CODING: Words stricken are deletions; words underlined are additions.
1050		-	hb1175-~~02-er~~
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1052	1052		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
1053	1053
1054	1054		qualified electors, and three governing board members shall be 743
1055	1055		persons elected by the landowners. 744
1056	1056		(III) Once 17,944 qualified electors reside within the 745
1057	1057		district, three governing board members shall be persons who are 746
1058	1058		qualified electors of the district and who were elected by the 747
1059	1059		qualified electors and two governing board members shall be 748
1060	1060		persons who were elected by the landowners. 749
1061	1061		(IV) Once 23,926 qualified electors reside within the 750
1062	1062		district, four governing board members shall be persons who are 751
1063	1063		qualified electors of the district and who were elected by the 752
1064	1064		qualified electors and one governing board member shall be a 753
1065	1065		person who was elected by the landowners. 754
1066	1066		(V) Once 27,000 qualified electors reside within the 755
1067	1067		district, all five governing board members shall be persons who 756
1068	1068		are qualified electors of the district and who were elected by 757
1069	1069		the qualified electors. 758
1070	1070		Nothing in this sub-subparagraph is intended to require an 759
1071	1071		election prior to the expiration of an existing board member's 760
1072	1072		term. 761
1073	1073		b. On or before June 1 of each election year, the board 762
1074	1074		shall determine the number of qualified electors in the district 763
1075	1075		as of the immediately preceding April 15. The board shall use 764
1076	1076		and rely upon the official records maintained by the supervisor 765
1077	1077		of elections and property appraiser or tax collector in Sarasota 766
1078	1078		County in making this determination. Such determination shall be 767
1079		-	~~ENROLLED~~
1080		-	CS/HB 1175 2023 ~~Legislature~~
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1082		-
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1085		-	hb1175-~~02-er~~
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1087	1087		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
1088	1088
1089	1089		made at a properly noticed meeting of the board and shall becom e 768
1090	1090		a part of the official minutes of the district. 769
1091	1091		c. All governing board members elected by qualified 770
1092	1092		electors shall be elected at large at an election occurring as 771
1093	1093		provided in subsection (2) and this subsection. 772
1094	1094		d. All governing board members elected by qualified 773
1095	1095		electors shall reside in the district. 774
1096	1096		e. Once the district qualifies to have any of its board 775
1097	1097		members elected by the qualified electors of the district, the 776
1098	1098		initial and all subsequent elections by the qualified electors 777
1099	1099		of the district shal l be held at the general election in 778
1100	1100		November. The board shall adopt a resolution, if necessary, to 779
1101	1101		implement this requirement. The transition process described 780
1102	1102		herein is intended to be in lieu of the process set forth in s. 781
1103	1103		189.041, Florida Statutes. 782
1104	1104		(b) Elections of board members by qualified electors held 783
1105	1105		pursuant to this subsection shall be nonpartisan and shall be 784
1106	1106		conducted in the manner prescribed by general law for holding 785
1107	1107		general elections. Board members shall assume the office on the 786
1108	1108		second Tuesday following their election. 787
1109	1109		(c) Candidates seeking election to office by qualified 788
1110	1110		electors under this subsection shall conduct their campaigns in 789
1111	1111		accordance with chapter 106, Florida Statutes, and shall file 790
1112	1112		qualifying papers and qualify for individual seats in accordance 791
1113	1113		with s. 99.061, Florida Statutes. 792
1114		-	~~ENROLLED~~
1115		-	CS/HB 1175 2023 ~~Legislature~~
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1122	1122		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
1123	1123
1124	1124		(d) The supervisor of elections shall appoint the 793
1125	1125		inspectors and clerks of elections, prepare and furnish the 794
1126	1126		ballots, designate polling places, and canvass the returns of 795
1127	1127		the election of board membe rs by qualified electors. The county 796
1128	1128		canvassing board shall declare and certify the results of the 797
1129	1129		election. 798
1130	1130		(4) Members of the board, regardless of how elected, shall 799
1131	1131		be public officers, shall be known as supervisors, and, upon 800
1132	1132		entering into office, sha ll take and subscribe to the oath of 801
1133	1133		office as prescribed by s. 876.05, Florida Statutes. Members of 802
1134	1134		the board shall be subject to ethics and conflict of interest 803
1135	1135		laws of the state that apply to all local public officers. They 804
1136	1136		shall hold office for the ter ms for which they were elected or 805
1137	1137		appointed and until their successors are chosen and qualified. 806
1138	1138		If, during the term of office, a vacancy occurs, the remaining 807
1139	1139		members of the board shall fill each vacancy by an appointment 808
1140	1140		for the remainder of the unexpire d term. 809
1141	1141		(5) Any elected member of the board of supervisors may be 810
1142	1142		removed by the Governor for malfeasance, misfeasance, 811
1143	1143		dishonesty, incompetency, or failure to perform the duties 812
1144	1144		imposed upon him or her by this act, and any vacancies that may 813
1145	1145		occur in such office for such reasons shall be filled by the 814
1146	1146		Governor as soon as practicable. 815
1147	1147		(6) A majority of the members of the board constitutes a 816
1148	1148		quorum for the purposes of conducting its business and 817
1149		-	~~ENROLLED~~
1150		-	CS/HB 1175 2023 ~~Legislature~~
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1157	1157		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
1158	1158
1159	1159		exercising its powers and for all other purposes. Action ta ken 818
1160	1160		by the district shall be upon a vote of a majority of the 819
1161	1161		members present unless general law or a rule of the district 820
1162	1162		requires a greater number. 821
1163	1163		(7) As soon as practicable after each election or 822
1164	1164		appointment, the board shall organize by electing one of its 823
1165	1165		members as chair and by electing a secretary, who need not be a 824
1166	1166		member of the board, and such other officers as the board may 825
1167	1167		deem necessary. 826
1168	1168		(8) The board shall keep a permanent record book entitled 827
1169	1169		"Record of Proceedings of Three Rivers Stewards hip District," in 828
1170	1170		which shall be recorded minutes of all meetings, resolutions, 829
1171	1171		proceedings, certificates, bonds given by all employees, and any 830
1172	1172		and all corporate acts. The record book and all other district 831
1173	1173		records shall at reasonable times be opened to i nspection in the 832
1174	1174		same manner as state, county, and municipal records pursuant to 833
1175	1175		chapter 119, Florida Statutes. The record book shall be kept at 834
1176	1176		the office or other regular place of business maintained by the 835
1177	1177		board in a designated location in Sarasota Coun ty. 836
1178	1178		(9) Each supervisor may not be entitled to receive 837
1179	1179		compensation for his or her services in excess of the limits 838
1180	1180		established in s. 190.006(8), Florida Statutes, or any other 839
1181	1181		provision of general law; however, each supervisor shall receive 840
1182	1182		travel and per diem expenses as set forth in s. 112.061, Florida 841
1183	1183		Statutes. 842
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1192	1192		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
1193	1193
1194	1194		(10) All meetings of the board shall be open to the public 843
1195	1195		and governed by chapter 286, Florida Statutes. 844
1196	1196		Section 6. Board of supervisors; general duties. — 845
1197	1197		(1) DISTRICT MANAGER AND EMPLOYEES.—The board shall employ 846
1198	1198		and fix the compensation of a district manager, who shall have 847
1199	1199		charge and supervision of the works of the district and shall be 848
1200	1200		responsible for preserving and maintaining any improvement or 849
1201	1201		facility constructed or erected pursuant to this act, for 850
1202	1202		maintaining and operating the equipment owned by the district, 851
1203	1203		and for performing such other duties as may be prescribed by the 852
1204	1204		board. It is not a conflict of interest or an abuse of public 853
1205	1205		position under chapter 112, Florida Stat utes, for a board 854
1206	1206		member, the district manager, or another employee of the 855
1207	1207		district to be a stockholder, officer, or employee of a 856
1208	1208		landowner. The district manager may hire or otherwise employ and 857
1209	1209		terminate the employment of such other persons, including, 858
1210	1210		without limitation, professional, supervisory, and clerical 859
1211	1211		employees, as may be necessary and authorized by the board. The 860
1212	1212		compensation and other conditions of employment of the officers 861
1213	1213		and employees of the district shall be as provided by the board. 862
1214	1214		(2) TREASURER.—The board shall designate a person who is a 863
1215	1215		resident of the state as treasurer of the district, who shall 864
1216	1216		have charge of the funds of the district. Such funds shall be 865
1217	1217		disbursed only upon the order of or pursuant to a resolution of 866
1218	1218		the board by warrant or check countersigned by the treasurer and 867
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1227	1227		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
1228	1228
1229	1229		by such other person as may be authorized by the board. The 868
1230	1230		board may give the treasurer such other or additional powers and 869
1231	1231		duties as the board may deem appropriate and may fix his or her 870
1232	1232		compensation. The board may require the treasurer to give a bond 871
1233	1233		in such amount, on such terms, and with such sureties as may be 872
1234	1234		deemed satisfactory to the board to secure the performance by 873
1235	1235		the treasurer of his or her powers and duties. The financial 874
1236	1236		records of the board shall be audited by an independent 875
1237	1237		certified public accountant in accordance with the requirements 876
1238	1238		of general law. 877
1239	1239		(3) PUBLIC DEPOSITORY. —The board is authorized to select 878
1240	1240		as a depository for its funds any qualified public depository as 879
1241	1241		defined in s. 280.02, Florida Statutes, which meets all the 880
1242	1242		requirements of chapter 280, Florida Statutes, and has been 881
1243	1243		designated by the treasurer as a qualified public depository 882
1244	1244		upon such terms and conditions as to the payment of interest by 883
1245	1245		such depository upon the funds so deposited as the board may 884
1246	1246		deem just and reasonable. 885
1247	1247		(4) BUDGET; REPORTS AND REVIEWS. — 886
1248	1248		(a) The district shall provide financial reports in such 887
1249	1249		form and such manner as prescribed pursuant to this act and 888
1250	1250		chapter 218, Florida Statutes. 889
1251	1251		(b) On or before July 15 of each year, the district 890
1252	1252		manager shall prepare a proposed budget for the ensuing fiscal 891
1253	1253		year to be submitted to the board for board approval. The 892
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1262	1262		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
1263	1263
1264	1264		proposed budget shall include at the direction of the board an 893
1265	1265		estimate of all necessary expenditures of the district for the 894
1266	1266		ensuing fiscal year and an estimate of income to the district 895
1267	1267		from the taxes and assessments provided in this act. The board 896
1268	1268		shall consider the proposed budget item by item and may either 897
1269	1269		approve the budget as proposed by the district manager or modify 898
1270	1270		the same in part or in whole. The board shall indicate its 899
1271	1271		approval of the budget by resolution, which resolution shall 900
1272	1272		provide for a hearing on the budget as approved. Notice of the 901
1273	1273		hearing on the budget shall be publish ed in a newspaper of 902
1274	1274		general circulation in the general area of the district once a 903
1275	1275		week for 2 consecutive weeks, except that the first publication 904
1276	1276		shall be no fewer than 15 days before the date of the hearing. 905
1277	1277		The notice shall further contain a designatio n of the day, time, 906
1278	1278		and place of the public hearing. At the day, time, and place 907
1279	1279		designated in the notice, the board shall hear all objections to 908
1280	1280		the budget as proposed and may make such changes as the board 909
1281	1281		deems necessary. At the conclusion of the budget hearing, the 910
1282	1282		board shall, by resolution, adopt the budget as finally approved 911
1283	1283		by the board. The budget shall be adopted before October 1 of 912
1284	1284		each year. 913
1285	1285		(c) At least 60 days before adoption, the board of 914
1286	1286		supervisors of the district shall submit to the Boa rd of County 915
1287	1287		Commissioners of Sarasota County, for purposes of disclosure and 916
1288	1288		information only, the proposed annual budget for the ensuing 917
1289		-	~~ENROLLED~~
1290		-	CS/HB 1175 2023 ~~Legislature~~
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1297	1297		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
1298	1298
1299	1299		fiscal year, and the board of county commissioners may submit 918
1300	1300		written comments to the board of supervisors solely for the 919
1301	1301		assistance and information of the board of supervisors in 920
1302	1302		adopting its annual district budget. 921
1303	1303		(d) The board of supervisors shall submit annually a 922
1304	1304		public facilities report to the Board of County Commissioners of 923
1305	1305		Sarasota County pursuant to s. 189.0 8, Florida Statutes. The 924
1306	1306		board of county commissioners may use and rely on the district's 925
1307	1307		public facilities report in the preparation or revision of the 926
1308	1308		Sarasota County comprehensive plan. 927
1309	1309		(5) DISCLOSURE OF PUBLIC INFORMATION; WEB -BASED PUBLIC 928
1310	1310		ACCESS.—The district shall take affirmative steps to provide for 929
1311	1311		the full disclosure of information relating to the public 930
1312	1312		financing and maintenance of improvements to real property 931
1313	1313		undertaken by the district. Such information shall be made 932
1314	1314		available to all existing and prospective residents of the 933
1315	1315		district. The district shall furnish each developer of a 934
1316	1316		residential development within the district with sufficient 935
1317	1317		copies of that information to provide each prospective initial 936
1318	1318		purchaser of property in that development with a copy; and any 937
1319	1319		developer of a residential development within the district, when 938
1320	1320		required by general law to provide a public offering statement, 939
1321	1321		shall include a copy of such information relating to the public 940
1322	1322		financing and maintenance of improvements in the public offering 941
1323	1323		statement. The district shall file the disclosure documents 942
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1332	1332		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
1333	1333
1334	1334		required by this subsection and any amendments thereto in the 943
1335	1335		property records of each county in which the district is 944
1336	1336		located. By the end of the first full fiscal year of t he 945
1337	1337		district's creation, the district shall maintain an official 946
1338	1338		Internet website in accordance with s. 189.069, Florida 947
1339	1339		Statutes. 948
1340	1340		(6) GENERAL POWERS. —The district shall have, and the board 949
1341	1341		may exercise, the following general powers: 950
1342	1342		(a) To sue and be s ued in the name of the district; to 951
1343	1343		adopt and use a seal and authorize the use of a facsimile 952
1344	1344		thereof; to acquire, by purchase, gift, devise, or otherwise, 953
1345	1345		and to dispose of, real and personal property, or any estate 954
1346	1346		therein; and to make and execute contra cts and other instruments 955
1347	1347		necessary or convenient to the exercise of its powers. 956
1348	1348		(b) To apply for coverage of its employees under the 957
1349	1349		Florida Retirement System in the same manner as if such 958
1350	1350		employees were state employees. 959
1351	1351		(c) To contract for the servic es of consultants to perform 960
1352	1352		planning, engineering, legal, or other appropriate services of a 961
1353	1353		professional nature. Such contracts shall be subject to public 962
1354	1354		bidding or competitive negotiation requirements as set forth in 963
1355	1355		general law applicable to independe nt special districts. 964
1356	1356		(d) To borrow money and accept gifts; to apply for and use 965
1357	1357		grants or loans of money or other property from the United 966
1358	1358		States, the state, a unit of local government, or any person for 967
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1367	1367		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
1368	1368
1369	1369		any district purposes and enter into agreements r equired in 968
1370	1370		connection therewith; and to hold, use, and dispose of such 969
1371	1371		moneys or property for any district purposes in accordance with 970
1372	1372		the terms of the gift, grant, loan, or agreement relating 971
1373	1373		thereto. 972
1374	1374		(e) To adopt and enforce rules and orders pursuant t o 973
1375	1375		chapter 120, Florida Statutes, prescribing the powers, duties, 974
1376	1376		and functions of the officers of the district; the conduct of 975
1377	1377		the business of the district; the maintenance of the records of 976
1378	1378		the district; and the form of certificates evidencing tax liens 977
1379	1379		of the district and all other documents and records of the 978
1380	1380		district. The board may also adopt and enforce administrative 979
1381	1381		rules with respect to any of the projects of the district and 980
1382	1382		define the area to be included therein. The board may also adopt 981
1383	1383		resolutions which may be necessary for the conduct of district 982
1384	1384		business. 983
1385	1385		(f) To maintain an office at such place or places as the 984
1386	1386		board of supervisors designates in Sarasota County and within 985
1387	1387		the district when facilities are available. 986
1388	1388		(g) To hold, control, and acquire by donation, purchase, 987
1389	1389		or condemnation, or dispose of, any public easements, 988
1390	1390		dedications to public use, platted reservations for public 989
1391	1391		purposes, or any reservations for those purposes authorized by 990
1392	1392		this act and to make use of such easements, dedi cations, or 991
1393	1393		reservations for the purposes authorized by this act. 992
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1402	1402		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
1403	1403
1404	1404		(h) To lease as lessor or lessee to or from any person, 993
1405	1405		firm, corporation, association, or body, public or private, any 994
1406	1406		projects of the type that the district is authorized to 995
1407	1407		undertake and facilities or property of any nature for the use 996
1408	1408		of the district to carry out the purposes authorized by this 997
1409	1409		act. 998
1410	1410		(i) To borrow money and issue bonds, certificates, 999
1411	1411		warrants, notes, or other evidence of indebtedness as provided 1000
1412	1412		herein; to levy such taxes and assessments as may be authorized; 1001
1413	1413		and to charge, collect, and enforce fees and other user charges. 1002
1414	1414		(j) To raise, by user charges or fees authorized by 1003
1415	1415		resolution of the board, amounts of money which are necessary 1004
1416	1416		for the conduct of district act ivities and services and to 1005
1417	1417		enforce their receipt and collection in the manner prescribed by 1006
1418	1418		resolution not inconsistent with general law. 1007
1419	1419		(k) To exercise all powers of eminent domain now or 1008
1420	1420		hereafter conferred on counties in this state; provided, 1009
1421	1421		however, that such power of eminent domain may not be exercised 1010
1422	1422		outside the territorial limits of the district unless the 1011
1423	1423		district receives prior approval by vote of a resolution of the 1012
1424	1424		governing body of the county if the taking will occur in an 1013
1425	1425		unincorporated area in that county, or the governing body of the 1014
1426	1426		city if the taking will occur in an incorporated area. The 1015
1427	1427		district does not have the power to exercise eminent domain over 1016
1428	1428		municipal, county, state, or federal property. The powers 1017
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1437	1437		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
1438	1438
1439	1439		hereinabove granted to th e district shall be so construed to 1018
1440	1440		enable the district to fulfill the objects and purposes of the 1019
1441	1441		district as set forth in this act. 1020
1442	1442		(l) To cooperate with, or contract with, other 1021
1443	1443		governmental agencies as may be necessary, convenient, 1022
1444	1444		incidental, or proper in connection with any of the powers, 1023
1445	1445		duties, or purposes authorized by this act. 1024
1446	1446		(m) To assess and to impose upon lands in the district ad 1025
1447	1447		valorem taxes as provided by this act. 1026
1448	1448		(n) If and when authorized by general law, to determine, 1027
1449	1449		order, levy, impose, collect, and enforce maintenance taxes. 1028
1450	1450		(o) To determine, order, levy, impose, collect, and 1029
1451	1451		enforce assessments pursuant to this act and chapter 170, 1030
1452	1452		Florida Statutes, pursuant to authority granted in s. 197.3631, 1031
1453	1453		Florida Statutes, or pursuant t o other provisions of general law 1032
1454	1454		now or hereinafter enacted which provide or authorize a 1033
1455	1455		supplemental means to order, levy, impose, or collect special 1034
1456	1456		assessments. Such special assessments, at the discretion of the 1035
1457	1457		district, may be collected and enforced pursuant to ss. 197.3632 1036
1458	1458		and 197.3635, Florida Statutes, and chapters 170 and 173, 1037
1459	1459		Florida Statutes, as they may be amended from time to time, or 1038
1460	1460		as provided by this act, or by other means authorized by general 1039
1461	1461		law now or hereinafter enacted. The district may levy such 1040
1462	1462		special assessments for the purposes provided in this act and to 1041
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1471	1471		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
1472	1472
1473	1473		pay special assessments imposed by Sarasota County on lands 1042
1474	1474		within the district. 1043
1475	1475		(p) To exercise such special powers and other express 1044
1476	1476		powers as may be authorized and granted by this act in the 1045
1477	1477		charter of the district, including powers as provided in any 1046
1478	1478		interlocal agreement entered into pursuant to chapter 163, 1047
1479	1479		Florida Statutes, or which shall be required or permitted to be 1048
1480	1480		undertaken by the district pursuant to any developmen t order, 1049
1481	1481		including any detailed specific area plan development order, or 1050
1482	1482		any interlocal service agreement with Sarasota County for fair -1051
1483	1483		share capital construction funding for any certain capital 1052
1484	1484		facilities or systems required of a developer pursuant to any 1053
1485	1485		applicable development order or agreement. 1054
1486	1486		(q) To exercise all of the powers necessary, convenient, 1055
1487	1487		incidental, or proper in connection with any other powers or 1056
1488	1488		duties or the special and limited purpose of the district 1057
1489	1489		authorized by this act. 1058
1490	1490		1059
1491	1491		This subsection shall be construed liberally in order to 1060
1492	1492		effectively carry out the special and limited purpose of this 1061
1493	1493		act. 1062
1494	1494		(7) SPECIAL POWERS. —The district shall have, and the board 1063
1495	1495		may exercise, the following special powers to implement its 1064
1496	1496		lawful and special p urpose and to provide, pursuant to that 1065
1497	1497		purpose, systems, facilities, services, improvements, projects, 1066
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1506	1506		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
1507	1507
1508	1508		works, and infrastructure, each of which constitutes a lawful 1067
1509	1509		public purpose when exercised pursuant to this charter, subject 1068
1510	1510		to, and not inconsistent w ith, general law regarding utility 1069
1511	1511		providers' territorial and service agreements; the regulatory 1070
1512	1512		jurisdiction and permitting authority of all other applicable 1071
1513	1513		governmental bodies, agencies, and any special districts having 1072
1514	1514		authority with respect to any are a included therein; and to 1073
1515	1515		plan, establish, acquire, construct or reconstruct, enlarge or 1074
1516	1516		extend, equip, operate, finance, fund, and maintain 1075
1517	1517		improvements, systems, facilities, services, works, projects, 1076
1518	1518		and infrastructure. Any or all of the following spec ial powers 1077
1519	1519		that are granted by this act may not be exercised inconsistently 1078
1520	1520		with Sarasota County's rights, responsibilities, and powers and 1079
1521	1521		are granted in order to implement the special and limited 1080
1522	1522		purpose of the district but do not constitute obligations to 1081
1523	1523		undertake such improvements, systems, facilities, services, 1082
1524	1524		works, projects or infrastructure: 1083
1525	1525		(a) To provide water management and control for the lands 1084
1526	1526		within the district, including irrigation systems and 1085
1527	1527		facilities, and to connect some or any of su ch facilities with 1086
1528	1528		roads and bridges. In the event that the board assumes the 1087
1529	1529		responsibility for providing water management and control for 1088
1530	1530		the district which is to be financed by benefit special 1089
1531	1531		assessments, the board shall adopt plans and assessments 1090
1532	1532		pursuant to general law or may proceed to adopt water management 1091
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1541	1541		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
1542	1542
1543	1543		and control plans, assess for benefits, and apportion and levy 1092
1544	1544		special assessments as follows: 1093
1545	1545		1. The board shall cause to be made by the district's 1094
1546	1546		engineer, or such other engineer or enginee rs as the board may 1095
1547	1547		employ for that purpose, complete and comprehensive water 1096
1548	1548		management and control plans for the lands located within the 1097
1549	1549		district that will be improved in any part or in whole by any 1098
1550	1550		system of facilities that may be outlined and adopted, and the 1099
1551	1551		engineer shall make a report in writing to the board with maps 1100
1552	1552		and profiles of said surveys and an estimate of the cost of 1101
1553	1553		carrying out and completing the plans. 1102
1554	1554		2. Upon the completion of such plans, the board shall hold 1103
1555	1555		a hearing thereon to hea r objections thereto, shall give notice 1104
1556	1556		of the time and place fixed for such hearing by publication in a 1105
1557	1557		newspaper of general circulation in the general area of the 1106
1558	1558		district once a week for 2 consecutive weeks, and shall permit 1107
1559	1559		the inspection of the plan a t the office of the district by all 1108
1560	1560		persons interested. All objections to the plan shall be filed at 1109
1561	1561		or before the time fixed in the notice for the hearing and shall 1110
1562	1562		be in writing. 1111
1563	1563		3. After the hearing, the board shall consider the 1112
1564	1564		proposed plan and any objections thereto and may modify, reject, 1113
1565	1565		or adopt the plan or continue the hearing until a day certain 1114
1566	1566		for further consideration of the proposed plan or modifications 1115
1567	1567		thereof. 1116
1568		-	~~ENROLLED~~
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1576	1576		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
1577	1577
1578	1578		4. When the board approves a plan, a resolution shall be 1117
1579	1579		adopted and a certified copy thereof shall be filed in the 1118
1580	1580		office of the secretary and incorporated by him or her into the 1119
1581	1581		records of the district. 1120
1582	1582		5. The water management and control plan may be altered in 1121
1583	1583		detail from time to time until the engineer's report pursuant to 1122
1584	1584		s. 298.301, Florida Statutes, is filed, but not in such manner 1123
1585	1585		as to materially affect the conditions of its adoption. After 1124
1586	1586		the engineer's report has been filed, the plan may not be 1125
1587	1587		altered, except as provided by this act. 1126
1588	1588		6. Within 20 days after the fin al adoption of the plan by 1127
1589	1589		the board, the board shall proceed pursuant to s. 298.301, 1128
1590	1590		Florida Statutes. 1129
1591	1591		(b) To provide water supply, sewer, wastewater, and 1130
1592	1592		reclaimed water management, reclamation, and reuse, or any 1131
1593	1593		combination thereof, and any irrigation systems, facilities, and 1132
1594	1594		services and to construct and operate water systems, sewer 1133
1595	1595		systems, irrigation systems, and reclaimed water systems such as 1134
1596	1596		connecting intercepting or outlet sewers and sewer mains and 1135
1597	1597		pipes and water mains, conduits, or pipelines in, along, and 1136
1598	1598		under any street, alley, highway, or other public place or way, 1137
1599	1599		and to dispose of any water, effluent, residue, or other 1138
1600	1600		byproduct of such water system, sewer system, irrigation system, 1139
1601	1601		or reclaimed water system, and to enter into interloca l 1140
1602		-	~~ENROLLED~~
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1610	1610		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
1611	1611
1612	1612		agreements and other agreements with public or private entities 1141
1613	1613		for the same. 1142
1614	1614		(c) To provide any necessary bridges, culverts, wildlife 1143
1615	1615		corridors, or road crossings across any drain, ditch, canal, 1144
1616	1616		floodway, holding basin, excavation, public highway, tra ct, 1145
1617	1617		grade, fill, or cut and roadways over levees and embankments, 1146
1618	1618		and to construct any and all of such works and improvements 1147
1619	1619		across, through, or over any public right -of way, highway, 1148
1620	1620		grade, fill, or cut. 1149
1621	1621		(d) To provide district or other roads equal to or 1150
1622	1622		exceeding the specifications of the county in which such 1151
1623	1623		district or other roads are located, and to provide street 1152
1624	1624		lighting. This special power includes, but is not limited to, 1153
1625	1625		roads, parkways, intersections, bridges, landscaping, 1154
1626	1626		hardscaping, irrigati on, bicycle lanes, sidewalks, jogging 1155
1627	1627		paths, multiuse pathways and trails, street lighting, traffic 1156
1628	1628		signals, regulatory or informational signage, road striping, 1157
1629	1629		underground conduit, underground cable or fiber or wire 1158
1630	1630		installed pursuant to an agreement with or tariff of a retail 1159
1631	1631		provider of services, and all other customary elements of a 1160
1632	1632		functioning modern road system in general or as tied to the 1161
1633	1633		conditions of development approval for the area within and 1162
1634	1634		without the district, and parking facilities that are 1163
1635	1635		freestanding or that may be related to any innovative strategic 1164
1636		-	~~ENROLLED~~
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1644	1644		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
1645	1645
1646	1646		intermodal system of transportation pursuant to applicable 1165
1647	1647		federal, state, and local laws and ordinances. 1166
1648	1648		(e) To provide buses, trolleys, rail access, mass transit 1167
1649	1649		facilities, transit shelte rs, ridesharing facilities and 1168
1650	1650		services, parking improvements, and related signage. 1169
1651	1651		(f) To provide investigation and remediation costs 1170
1652	1652		associated with the cleanup of actual or perceived environmental 1171
1653	1653		contamination within the district under the supervisio n or 1172
1654	1654		direction of a competent governmental authority unless the 1173
1655	1655		covered costs benefit any person who is a landowner within the 1174
1656	1656		district and who caused or contributed to the contamination. 1175
1657	1657		(g) To provide observation, mitigation, wetland creation, 1176
1658	1658		and wildlife habitat areas, including the maintenance of any 1177
1659	1659		plant or animal species, and any related interest in real or 1178
1660	1660		personal property. 1179
1661	1661		(h) Using its general and special powers as set forth in 1180
1662	1662		this act, to provide any other project within or without the 1181
1663	1663		boundaries of the district when the project is the subject of an 1182
1664	1664		agreement between the district and the Board of County 1183
1665	1665		Commissioners of Sarasota County or with any other applicable 1184
1666	1666		public or private entity, and is not inconsistent with the 1185
1667	1667		effective local comprehensive plans. 1186
1668	1668		(i) To provide parks and facilities for indoor and outdoor 1187
1669	1669		recreational, cultural, and educational uses. 1188
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1678	1678		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
1679	1679
1680	1680		(j) To provide school buildings and related structures, 1189
1681	1681		which may be leased, sold, or donated to the school district, 1190
1682	1682		for use in the educational system when authorized by the 1191
1683	1683		district school board. 1192
1684	1684		(k) To provide security, including electronic intrusion - 1193
1685	1685		detection systems and patrol cars, when authorized by proper 1194
1686	1686		governmental agencies, and to contract with the appropriate 1195
1687	1687		local general-purpose government agencies for an increased level 1196
1688	1688		of such services within the district boundaries. However, this 1197
1689	1689		paragraph does not prohibit the district from contracting with a 1198
1690	1690		towing operator to remove a vehicle or vessel from a district -1199
1691	1691		owned facility or property if the district follows the 1200
1692	1692		authorization and notice and procedural requirements in s. 1201
1693	1693		715.07 for an owner or lessee of private property. The 1202
1694	1694		district's selection of a towing operator is not subject to 1203
1695	1695		public bidding if the towing opera tor is included in an approved 1204
1696	1696		list of town operators maintained by the local government that 1205
1697	1697		has jurisdiction over the district's facility or property. 1206
1698	1698		(l) To provide control and elimination of mosquitoes and 1207
1699	1699		other arthropods of public health importance. 1208
1700	1700		(m) To enter into impact fee, mobility fee, or other 1209
1701	1701		similar credit agreements with Sarasota County or other 1210
1702	1702		governmental bodies or a landowner developer and to sell or 1211
1703	1703		assign such credits, on such terms as the district deems 1212
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1712	1712		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
1713	1713
1714	1714		appropriate and are consistent with Sarasota County 1213
1715	1715		requirements. 1214
1716	1716		(n) To provide buildings and structures for district 1215
1717	1717		offices, maintenance facilities, meeting facilities, town 1216
1718	1718		centers, or any other projects authorized or granted by this 1217
1719	1719		act. 1218
1720	1720		(o) To establish and crea te, at noticed meetings, such 1219
1721	1721		departments of the board of supervisors of the district, as well 1220
1722	1722		as committees, task forces, boards, or commissions, or other 1221
1723	1723		agencies under the supervision and control of the district, as 1222
1724	1724		from time to time the members of the board may deem necessary or 1223
1725	1725		desirable in the performance of the acts or other things 1224
1726	1726		necessary to exercise the board's general or special powers to 1225
1727	1727		implement an innovative project to carry out the special and 1226
1728	1728		limited purpose of the district as provided in this act and to 1227
1729	1729		delegate the exercise of its powers to such departments, boards, 1228
1730	1730		task forces, committees, or other agencies, and such 1229
1731	1731		administrative duties and other powers as the board may deem 1230
1732	1732		necessary or desirable, but only if there is a set of express ed 1231
1733	1733		limitations for accountability, notice, and periodic written 1232
1734	1734		reporting to the board that shall retain the powers of the 1233
1735	1735		board. 1234
1736	1736		(p) To provide electrical, sustainable, or green 1235
1737	1737		infrastructure improvements, facilities, and services, 1236
1738	1738		including, but not l imited to, recycling of natural resources, 1237
1739		-	~~ENROLLED~~
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1747	1747		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
1748	1748
1749	1749		reduction of energy demands, development and generation of 1238
1750	1750		alternative or renewable energy sources and technologies, 1239
1751	1751		mitigation of urban heat islands, sequestration, capping or 1240
1752	1752		trading of carbon emissions or carbo n emissions credits, LEED or 1241
1753	1753		Florida Green Building Coalition certification, and development 1242
1754	1754		of facilities and improvements for low -impact development; to 1243
1755	1755		enter into joint ventures, public -private partnerships, and 1244
1756	1756		other agreements; and to grant such easem ents as may be 1245
1757	1757		necessary to accomplish the foregoing. Nothing herein shall 1246
1758	1758		authorize the district to provide electric service to retail 1247
1759	1759		customers or otherwise act to impair electric utility franchise 1248
1760	1760		agreements. 1249
1761	1761		(q) To provide for any facilities or impro vements that may 1250
1762	1762		otherwise be provided for by any county or municipality, 1251
1763	1763		including, but not limited to, libraries, annexes, substations, 1252
1764	1764		and other buildings to house public officials, staff, and 1253
1765	1765		employees. 1254
1766	1766		(r) To provide waste collection and disposal. 1255
1767	1767		(s) To provide for the construction and operation of 1256
1768	1768		communications systems and related infrastructure for the 1257
1769	1769		carriage and distribution of communications services; to enter 1258
1770	1770		into joint ventures, public -private partnerships, and other 1259
1771	1771		agreements; and to gr ant such easements as may be necessary to 1260
1772	1772		accomplish the foregoing. For purposes of this paragraph, 1261
1773	1773		communications systems means all facilities, buildings, 1262
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1782	1782		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
1783	1783
1784	1784		equipment, items, and methods necessary or desirable in order to 1263
1785	1785		provide communications services, in cluding, without limitation, 1264
1786	1786		wires, cables, conduits, wireless cell sites, computers, modems, 1265
1787	1787		satellite antennae sites, transmission facilities, network 1266
1788	1788		facilities, and appurtenant devices necessary and appropriate to 1267
1789	1789		support the provision of communication s services. Communications 1268
1790	1790		services includes, without limitation, Internet, voice telephone 1269
1791	1791		or similar services provided by voice over Internet protocol, 1270
1792	1792		cable television, data transmission services, electronic 1271
1793	1793		security monitoring services, and multichanne l video programming 1272
1794	1794		distribution services. Nothing herein shall authorize the 1273
1795	1795		district to provide communications services to retail customers 1274
1796	1796		or otherwise act to impair existing service provider franchise 1275
1797	1797		agreements. However, the district may contract with such 1276
1798	1798		providers for resale purposes, provided the district complies 1277
1799	1799		with s. 350.81, Florida Statutes, when contracting for resale 1278
1800	1800		purposes. 1279
1801	1801		(t) To provide health care facilities and to enter into 1280
1802	1802		public-private partnerships and agreements as may be neces sary 1281
1803	1803		to accomplish the foregoing. 1282
1804	1804		(u) To coordinate, work with, and, as the board deems 1283
1805	1805		appropriate, enter into interlocal agreements with any public or 1284
1806	1806		private entity for the provision of an institution or 1285
1807	1807		institutions of higher education. 1286
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1816	1816		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
1817	1817
1818	1818		(v) To coordinate, work with, and as the board deems 1287
1819	1819		appropriate, enter into public -private partnerships and 1288
1820	1820		agreements as may be necessary or useful to effectuate the 1289
1821	1821		purposes of this act. The district shall only exercise the 1290
1822	1822		special powers in subparagraphs (a) thro ugh (v) upon execution 1291
1823	1823		of an interlocal agreement with Sarasota County consenting to 1292
1824	1824		the district's execution of those powers within Sarasota County. 1293
1825	1825		The special powers provided in this act may not be deemed 1294
1826	1826		exclusive or restrictive but shall be deemed to incorporate all 1295
1827	1827		powers express or implied necessary or incident to carrying out 1296
1828	1828		such special powers, including the general powers provided by 1297
1829	1829		this act to the district to implement its purposes. This 1298
1830	1830		subsection shall be construed liberally in order to effec tively 1299
1831	1831		carry out the special and limited purpose of the district under 1300
1832	1832		this act. 1301
1833	1833		(8) ISSUANCE OF BOND ANTICIPATION NOTES. —In addition to 1302
1834	1834		the other powers provided for in this act, and not in limitation 1303
1835	1835		thereof, the district shall have the power, at any t ime and from 1304
1836	1836		time to time after the issuance of any bonds of the district are 1305
1837	1837		authorized, to borrow money for the purposes for which such 1306
1838	1838		bonds are to be issued in anticipation of the receipt of the 1307
1839	1839		proceeds of the sale of such bonds and to issue bond 1308
1840	1840		anticipation notes in a principal sum not in excess of the 1309
1841	1841		authorized maximum amount of such bond issue. Such notes shall 1310
1842	1842		be in such denomination or denominations, bear interest at such 1311
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1851	1851		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
1852	1852
1853	1853		rate as the board may determine, not to exceed the maximum rate 1312
1854	1854		allowed by general law; mature at such time or times not later 1313
1855	1855		than 5 years after the date of issuance; and be in such form and 1314
1856	1856		executed in such manner as the board shall prescribe. Such notes 1315
1857	1857		may be sold at either public or private sale or, if such notes 1316
1858	1858		shall be renewal notes, may be exchanged for notes then 1317
1859	1859		outstanding on such terms as the board shall determine. Such 1318
1860	1860		notes shall be paid from the proceeds of such bonds when issued. 1319
1861	1861		The board may, in its discretion, in lieu of retiring the notes 1320
1862	1862		by means of bonds, r etire them by means of current revenues or 1321
1863	1863		from any taxes or assessments levied for the payment of such 1322
1864	1864		bonds, but, in such event, a like amount of the bonds authorized 1323
1865	1865		may not be issued. 1324
1866	1866		(9) BORROWING.—The district at any time may obtain loans, 1325
1867	1867		in such amount and on such terms and conditions as the board may 1326
1868	1868		approve, for the purpose of paying any of the expenses of the 1327
1869	1869		district or any costs incurred or that may be incurred in 1328
1870	1870		connection with any of the projects of the district, which loans 1329
1871	1871		shall bear such interest as the board determines, not to exceed 1330
1872	1872		the maximum rate allowed by general law, and may be payable from 1331
1873	1873		and secured by a pledge of such funds, revenues, taxes, and 1332
1874	1874		assessments as the board may determine; provided, however, that 1333
1875	1875		the provisions contained in any proceeding under which bonds 1334
1876	1876		were theretofore issued and are then outstanding. For the 1335
1877	1877		purpose of defraying such costs and expenses, the district may 1336
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1886	1886		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
1887	1887
1888	1888		issue negotiable notes, warrants, or other evidences of debt to 1337
1889	1889		be payable at such times an d to bear such interest as the board 1338
1890	1890		may determine, not to exceed the maximum rate allowed by general 1339
1891	1891		law, and to be sold or discounted at such price or prices not 1340
1892	1892		less than 95 percent of par value and on such terms as the board 1341
1893	1893		may deem advisable. The boa rd shall have the right to provide 1342
1894	1894		for the payment thereof by pledging the whole or any part of the 1343
1895	1895		funds, revenues, taxes, and assessments of the district or by 1344
1896	1896		covenanting to budget and appropriate from such funds. The 1345
1897	1897		approval of the electors residing i n the district is only 1346
1898	1898		necessary when required by the State Constitution. 1347
1899	1899		(10) BONDS.— 1348
1900	1900		(a) Sale of bonds.—Bonds may be sold in blocks or 1349
1901	1901		installments at different times, or an entire issue or series 1350
1902	1902		may be sold at one time. Bonds may be sold at public or private 1351
1903	1903		sale after such advertisement, if any, as the board may deem 1352
1904	1904		advisable, but in no event at less than 90 percent of the par 1353
1905	1905		value thereof, together with accrued interest thereon. Bonds may 1354
1906	1906		be sold or exchanged for refunding bonds. Special assessm ent and 1355
1907	1907		revenue bonds may be delivered by the district as payment of the 1356
1908	1908		purchase price of any project or part thereof, or a combination 1357
1909	1909		of projects or parts thereof, or as the purchase price or 1358
1910	1910		exchange for any property, real, personal, or mixed, includin g 1359
1911	1911		franchises or services rendered by any contractor, engineer, or 1360
1912	1912		other person, all at one time or in blocks from time to time, in 1361
1913		-	~~ENROLLED~~
1914		-	CS/HB 1175 2023 ~~Legislature~~
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1921	1921		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
1922	1922
1923	1923		such manner and upon such terms as the board at its discretion 1362
1924	1924		shall determine. The price or prices for any bonds sold, 1363
1925	1925		exchanged, or delivered may be: 1364
1926	1926		1. The money paid for the bonds. 1365
1927	1927		2. The principal amount, plus accrued interest to the date 1366
1928	1928		of redemption or exchange, or outstanding obligations exchanged 1367
1929	1929		for refunding bonds. 1368
1930	1930		3. In the case of special assessment or revenu e bonds, the 1369
1931	1931		amount of any indebtedness to contractors or other persons paid 1370
1932	1932		with such bonds, or the fair value of any properties exchanged 1371
1933	1933		for the bonds, as determined by the board. 1372
1934	1934		(b) Authorization and form of bonds. —Any general 1373
1935	1935		obligation bonds, spec ial assessment bonds, or revenue bonds may 1374
1936	1936		be authorized by resolution or resolutions of the board which 1375
1937	1937		shall be adopted by a majority of all the members thereof then 1376
1938	1938		in office. Such resolution or resolutions may be adopted at the 1377
1939	1939		same meeting at which th ey are introduced and need not be 1378
1940	1940		published or posted. The board may, by resolution, authorize the 1379
1941	1941		issuance of bonds and fix the aggregate amount of bonds to be 1380
1942	1942		issued; the purpose or purposes for which the moneys derived 1381
1943	1943		therefrom shall be expended, inclu ding, but not limited to, 1382
1944	1944		payment of costs as defined in section 3; the rate or rates of 1383
1945	1945		interest, not to exceed the maximum rate allowed by general law; 1384
1946	1946		the denomination of the bonds; whether the bonds are to be 1385
1947	1947		issued in one or multiple series; the date or dates of maturity, 1386
1948		-	~~ENROLLED~~
1949		-	CS/HB 1175 2023 ~~Legislature~~
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1956	1956		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
1957	1957
1958	1958		which may not exceed 40 years after their respective dates of 1387
1959	1959		issuance; the medium of payment; the place or places within or 1388
1960	1960		without the state at which payment shall be made; registration 1389
1961	1961		privileges; redemption terms and privileges, w hether with or 1390
1962	1962		without premium; the manner of execution; the form of the bonds, 1391
1963	1963		including any interest coupons to be attached thereto; the 1392
1964	1964		manner of execution of bonds and coupons; and any and all other 1393
1965	1965		terms, covenants, and conditions thereof and the esta blishment 1394
1966	1966		of revenue or other funds. Such authorizing resolution or 1395
1967	1967		resolutions may further provide for the contracts authorized by 1396
1968	1968		s. 159.825(1)(f) and (g), Florida Statutes, regardless of the 1397
1969	1969		tax treatment of such bonds being authorized, subject to the 1398
1970	1970		finding by the board of a net saving to the district resulting 1399
1971	1971		by reason thereof. Such authorizing resolution may further 1400
1972	1972		provide that such bonds may be executed in accordance with the 1401
1973	1973		Registered Public Obligations Act, except that bonds not issued 1402
1974	1974		in registered form shall be valid if manually countersigned by 1403
1975	1975		an officer designated by appropriate resolution of the board. 1404
1976	1976		The seal of the district may be affixed, lithographed, engraved, 1405
1977	1977		or otherwise reproduced in facsimile on such bonds. In case any 1406
1978	1978		officer whose signature shall appear on any bonds or coupons 1407
1979	1979		shall cease to be such officer before the delivery of such 1408
1980	1980		bonds, such signature or facsimile shall nevertheless be valid 1409
1981	1981		and sufficient for all purposes as if he or she had remained in 1410
1982	1982		office until such delivery. 1411
1983		-	~~ENROLLED~~
1984		-	CS/HB 1175 2023 ~~Legislature~~
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1988		-	CODING: Words stricken are deletions; words underlined are additions.
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1991	1991		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
1992	1992
1993	1993		(c) Interim certificates; replacement certificates. —1412
1994	1994		Pending the preparation of definitive bonds, the board may issue 1413
1995	1995		interim certificates or receipts or temporary bonds, in such 1414
1996	1996		form and with such provisions as the board may determine, 1415
1997	1997		exchangeable for definitive bonds when such bonds have been 1416
1998	1998		executed and are available for delivery. The board may also 1417
1999	1999		provide for the replacement of any bonds which become mutilated, 1418
2000	2000		lost, or destroyed. 1419
2001	2001		(d) Negotiability of bonds. —Any bond issued under this act 1420
2002	2002		or any temporary bond, in the absence of an express recital on 1421
2003	2003		the face thereof that it is nonnegotiable, shall be fully 1422
2004	2004		negotiable and shall be and constitute a negotiable instrument 1423
2005	2005		within the meaning and for all purposes of the law merchant and 1424
2006	2006		general law. 1425
2007	2007		(e) Defeasance.—The board may make such provision with 1426
2008	2008		respect to the defeasance of the right, title, and interest of 1427
2009	2009		the holders of any of the bonds and obligations of the district 1428
2010	2010		in any revenues, funds, or other properties by which such bonds 1429
2011	2011		are secured as the board deems appropriate and, without 1430
2012	2012		limitation on the foregoing, may provide that when such bonds or 1431
2013	2013		obligations become due and payable or shall have been called for 1432
2014	2014		redemption and the whole amount of the principal and interest 1433
2015	2015		and premium, if any, due and payable upon the bonds or 1434
2016	2016		obligations then outstanding shall be held in trust for such 1435
2017	2017		purpose, and provision shall also be made for paying all other 1436
2018		-	~~ENROLLED~~
2019		-	CS/HB 1175 2023 ~~Legislature~~
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2026	2026		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
2027	2027
2028	2028		sums payable in connection with such bonds or other obligations, 1437
2029	2029		and in such event the right, title, and interest of the holders 1438
2030	2030		of the bonds in any revenues, funds, or other properties by 1439
2031	2031		which such bonds are secured shall thereupon cease, terminate, 1440
2032	2032		and become void; and the board may apply any surplus in any 1441
2033	2033		sinking fund established in con nection with such bonds or 1442
2034	2034		obligations and all balances remaining in all other funds or 1443
2035	2035		accounts other than moneys held for the redemption or payment of 1444
2036	2036		the bonds or other obligations to any lawful purpose of the 1445
2037	2037		district as the board shall determine. 1446
2038	2038		(f) Issuance of additional bonds. —If the proceeds of any 1447
2039	2039		bonds are less than the cost of completing the project in 1448
2040	2040		connection with which such bonds were issued, the board may 1449
2041	2041		authorize the issuance of additional bonds, upon such terms and 1450
2042	2042		conditions as the board may provide in the resolution 1451
2043	2043		authorizing the issuance thereof, but only in compliance with 1452
2044	2044		the resolution or other proceedings authorizing the issuance of 1453
2045	2045		the original bonds. 1454
2046	2046		(g) Refunding bonds. —The district is authorized to issue 1455
2047	2047		bonds to provide for the retirement or refunding of any bonds or 1456
2048	2048		obligations of the district that at the time of such issuance 1457
2049	2049		are or subsequent thereto become due and payable, or that at the 1458
2050	2050		time of issuance have been called or are, or will be, subject to 1459
2051	2051		call for redemption within 10 years thereafter, or the surrender 1460
2052	2052		of which can be procured from the holders thereof at prices 1461
2053		-	~~ENROLLED~~
2054		-	CS/HB 1175 2023 ~~Legislature~~
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2061	2061		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
2062	2062
2063	2063		satisfactory to the board. Refunding bonds may be issued at any 1462
2064	2064		time that in the judgment of the board such issuance will be 1463
2065	2065		advantageous to the d istrict. Approval of the qualified electors 1464
2066	2066		residing in the district is not required for the issuance of 1465
2067	2067		refunding bonds except in cases in which such approval is 1466
2068	2068		required by the State Constitution. The board may by resolution 1467
2069	2069		confer upon the holders of su ch refunding bonds all rights, 1468
2070	2070		powers, and remedies to which the holders would be entitled if 1469
2071	2071		they continued to be the owners and had possession of the bonds 1470
2072	2072		for the refinancing of which such refunding bonds are issued, 1471
2073	2073		including, but not limited to, the p reservation of the lien of 1472
2074	2074		such bonds on the revenues of any project or on pledged funds, 1473
2075	2075		without extinguishment, impairment, or diminution thereof. The 1474
2076	2076		provisions of this act relating to bonds of the district shall, 1475
2077	2077		unless the context otherwise requires, govern the issuance of 1476
2078	2078		refunding bonds, the form and other details thereof, the rights 1477
2079	2079		of the holders thereof, and the duties of the board with respect 1478
2080	2080		to such bonds. 1479
2081	2081		(h) Revenue bonds.— 1480
2082	2082		1. The district shall have the power to issue revenue 1481
2083	2083		bonds from time to time without limitation as to amount. Such 1482
2084	2084		revenue bonds may be secured by, or payable from, the gross or 1483
2085	2085		net pledge of the revenues to be derived from any project or 1484
2086	2086		combination of projects; from the rates, fees, or other charges 1485
2087	2087		to be collected from the users of any project or projects; from 1486
2088		-	~~ENROLLED~~
2089		-	CS/HB 1175 2023 ~~Legislature~~
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2096	2096		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
2097	2097
2098	2098		any revenue-producing undertaking or activity of the district; 1487
2099	2099		from special assessments; from benefit special assessments; or 1488
2100	2100		from any other source or pledged security. Such bonds do not 1489
2101	2101		constitute an indebted ness of the district, and the approval of 1490
2102	2102		the qualified electors is not required unless such bonds are 1491
2103	2103		additionally secured by the full faith and credit and taxing 1492
2104	2104		power of the district. 1493
2105	2105		2. Any two or more projects may be combined and 1494
2106	2106		consolidated into a single project and may hereafter be operated 1495
2107	2107		and maintained as a single project. The revenue bonds authorized 1496
2108	2108		herein may be issued to finance any one or more of such 1497
2109	2109		projects, regardless of whether such projects have been combined 1498
2110	2110		and consolidated into a single project. If the board deems it 1499
2111	2111		advisable, the proceedings authorizing such revenue bonds may 1500
2112	2112		provide that the district may thereafter combine the projects 1501
2113	2113		then being financed or theretofore financed with other projects 1502
2114	2114		to be subsequently financed by the district and that revenue 1503
2115	2115		bonds to be thereafter issued by the district shall be on parity 1504
2116	2116		with the revenue bonds then being issued, all on such terms, 1505
2117	2117		conditions, and limitations as shall have been provided in the 1506
2118	2118		proceeding which authorized the orig inal bonds. 1507
2119	2119		(i) General obligation bonds. — 1508
2120	2120		1. Subject to the limitations of this charter, the 1509
2121	2121		district shall have the power to issue general obligation bonds 1510
2122	2122		to finance or refinance capital projects or to refund 1511
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2124		-	CS/HB 1175 2023 ~~Legislature~~
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2131	2131		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
2132	2132
2133	2133		outstanding bonds in an aggregate principal amount of bonds 1512
2134	2134		outstanding at any one time not in excess of 35 percent of the 1513
2135	2135		assessed value of the taxable property within the district as 1514
2136	2136		shown on the pertinent tax records at the time of the 1515
2137	2137		authorization of the general obligation bonds for w hich the full 1516
2138	2138		faith and credit of the district is pledged. Except for 1517
2139	2139		refunding bonds, general obligation bonds may not be issued 1518
2140	2140		unless the bonds are issued to finance or refinance a capital 1519
2141	2141		project and the issuance has been approved at an election held 1520
2142	2142		in accordance with the requirements for such election as 1521
2143	2143		prescribed by the State Constitution. Such elections shall be 1522
2144	2144		called to be held in the district by the Board of County 1523
2145	2145		Commissioners of Sarasota County upon the request of the board 1524
2146	2146		of the district. The expenses of calling and holding an election 1525
2147	2147		shall be at the expense of the district and the district shall 1526
2148	2148		reimburse the county for any expenses incurred in calling or 1527
2149	2149		holding such election. 1528
2150	2150		2. The district may pledge its full faith and credit for 1529
2151	2151		the payment of the principal and interest on such general 1530
2152	2152		obligation bonds and for any reserve funds provided therefor and 1531
2153	2153		may unconditionally and irrevocably pledge itself to levy ad 1532
2154	2154		valorem taxes on all taxable property in the district, to the 1533
2155	2155		extent necessary for the payment thereof, without limitation as 1534
2156	2156		to rate or amount. 1535
2157		-	~~ENROLLED~~
2158		-	CS/HB 1175 2023 ~~Legislature~~
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2165	2165		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
2166	2166
2167	2167		3. If the board determines to issue general obligation 1536
2168	2168		bonds for more than one capital project, the approval of the 1537
2169	2169		issuance of the bonds for each and all such projects may be 1538
2170	2170		submitted to the electors on one ballot. The failure of the 1539
2171	2171		electors to approve the issuance of bonds for any one or more 1540
2172	2172		capital projects does not defeat the approval of bonds for any 1541
2173	2173		capital project which has been approved by the electors. 1542
2174	2174		4. In arriving at th e amount of general obligation bonds 1543
2175	2175		permitted to be outstanding at any one time pursuant to 1544
2176	2176		subparagraph 1., there may not be included any general 1545
2177	2177		obligation bonds that are additionally secured by the pledge of: 1546
2178	2178		a. Any assessments levied in an amount su fficient to pay 1547
2179	2179		the principal and interest on the general obligation bonds so 1548
2180	2180		additionally secured, which assessments have been equalized and 1549
2181	2181		confirmed by resolution of the board pursuant to this act or s. 1550
2182	2182		170.08, Florida Statutes. 1551
2183	2183		b. Water revenues, sew er revenues, or water and sewer 1552
2184	2184		revenues of the district to be derived from user fees in an 1553
2185	2185		amount sufficient to pay the principal and interest on the 1554
2186	2186		general obligation bonds so additionally secured. 1555
2187	2187		c. Any combination of assessments and revenues descri bed 1556
2188	2188		in sub-subparagraphs a. and b. 1557
2189	2189		(j) Bonds as legal investment or security. — 1558
2190	2190		1. Notwithstanding any other provision of law to the 1559
2191	2191		contrary, all bonds issued under this act shall constitute legal 1560
2192		-	~~ENROLLED~~
2193		-	CS/HB 1175 2023 ~~Legislature~~
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2200	2200		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
2201	2201
2202	2202		investments for savings banks, banks, trust companies, insurance 1561
2203	2203		companies, executors, administrators, trustees, guardians, and 1562
2204	2204		other fiduciaries and for any board, body, agency, 1563
2205	2205		instrumentality, county, municipality, or other political 1564
2206	2206		subdivision of the state and shall be and constitute security 1565
2207	2207		which may be deposited by banks or trust companies as security 1566
2208	2208		for deposits of state, county, municipal, or other public funds 1567
2209	2209		or by insurance companies as required or voluntary statutory 1568
2210	2210		deposits. 1569
2211	2211		2. Any bonds issued by the district shall be incontestable 1570
2212	2212		in the hands of bona fide purchasers or holders for value and 1571
2213	2213		are not invalid because of any irregularity or defect in the 1572
2214	2214		proceedings for the issue and sale thereof. 1573
2215	2215		(k) Covenants.—Any resolution authorizing the issuance of 1574
2216	2216		bonds may contain such covenants as th e board may deem 1575
2217	2217		advisable, and all such covenants shall constitute valid and 1576
2218	2218		legally binding and enforceable contracts between the district 1577
2219	2219		and the bondholders, regardless of the time of issuance thereof. 1578
2220	2220		Such covenants may include, without limitation, co venants 1579
2221	2221		concerning the disposition of the bond proceeds; the use and 1580
2222	2222		disposition of project revenues; the pledging of revenues, 1581
2223	2223		taxes, and assessments; the obligations of the district with 1582
2224	2224		respect to the operation of the project and the maintenance of 1583
2225	2225		adequate project revenues; the issuance of additional bonds; the 1584
2226	2226		appointment, powers, and duties of trustees and receivers; the 1585
2227		-	~~ENROLLED~~
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2235	2235		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
2236	2236
2237	2237		acquisition of outstanding bonds and obligations; restrictions 1586
2238	2238		on the establishment of competing projects or facilities; 1587
2239	2239		restrictions on the sale or disposal of the assets and property 1588
2240	2240		of the district; the priority of assessment liens; the priority 1589
2241	2241		of claims by bondholders on the taxing power of the district; 1590
2242	2242		the maintenance of deposits to ensure the payment of revenues by 1591
2243	2243		users of district facilities and services; the discontinuance of 1592
2244	2244		district services by reason of delinquent payments; acceleration 1593
2245	2245		upon default; the execution of necessary instruments; the 1594
2246	2246		procedure for amending or abrogating covenants with the 1595
2247	2247		bondholders; and such ot her covenants as may be deemed necessary 1596
2248	2248		or desirable for the security of the bondholders. 1597
2249	2249		(l) Validation proceedings. —The power of the district to 1598
2250	2250		issue bonds under this act may be determined, and any of the 1599
2251	2251		bonds of the district maturing over a period of more than 5 1600
2252	2252		years shall be validated and confirmed, by court decree, under 1601
2253	2253		chapter 75, Florida Statutes, and laws amendatory thereof or 1602
2254	2254		supplementary thereto. 1603
2255	2255		(m) Tax exemption.—To the extent allowed by general law, 1604
2256	2256		all bonds issued hereunder and inte rest paid thereon and all 1605
2257	2257		fees, charges, and other revenues derived by the district from 1606
2258	2258		the projects provided by this act are exempt from all taxes by 1607
2259	2259		the state or by any political subdivision, agency, or 1608
2260	2260		instrumentality thereof; however, any interest, in come, or 1609
2261	2261		profits on debt obligations issued hereunder are not exempt from 1610
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2270	2270		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
2271	2271
2272	2272		the tax imposed by chapter 220, Florida Statutes. Further, the 1611
2273	2273		district is not exempt from chapter 212, Florida Statutes. 1612
2274	2274		(n) Application of s. 189.051, Florida Statutes. —Bonds 1613
2275	2275		issued by the district shall meet the criteria set forth in s. 1614
2276	2276		189.051, Florida Statutes. 1615
2277	2277		(o) Act furnishes full authority for issuance of bonds. —1616
2278	2278		This act constitutes full and complete authority for the 1617
2279	2279		issuance of bonds and the exercise of the powers of th e district 1618
2280	2280		provided herein. Procedures or proceedings, publications, 1619
2281	2281		notices, consents, approvals, orders, acts, or things by the 1620
2282	2282		board, or by any board, officer, commission, department, agency, 1621
2283	2283		or instrumentality of the district, other than those required by 1622
2284	2284		this act, are not required to perform anything under this act, 1623
2285	2285		except that the issuance or sale of bonds pursuant to this act 1624
2286	2286		shall comply with the general law requirements applicable to the 1625
2287	2287		issuance or sale of bonds by the district. This act does not 1626
2288	2288		authorize the district to utilize bond proceeds to fund the 1627
2289	2289		ongoing operations of the district. 1628
2290	2290		(p) Pledge by the state to the bondholders of the 1629
2291	2291		district.—The state pledges to the holders of any bonds issued 1630
2292	2292		under this act that it will not limit or alte r the rights of the 1631
2293	2293		district to own, acquire, construct, reconstruct, improve, 1632
2294	2294		maintain, operate, or furnish the projects or to levy and 1633
2295	2295		collect the taxes, assessments, rentals, rates, fees, and other 1634
2296	2296		charges provided for herein and to fulfill the terms of any 1635
2297		-	~~ENROLLED~~
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2305	2305		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
2306	2306
2307	2307		agreement made with the holders of such bonds or other 1636
2308	2308		obligations and that it will not in any way impair the rights or 1637
2309	2309		remedies of such holders. 1638
2310	2310		(q) Default.—A default on the bonds or obligations of the 1639
2311	2311		district does not constitute a debt or obligation of the state 1640
2312	2312		or any general-purpose local government of the state. In the 1641
2313	2313		event of a default or dissolution of the district, a general -1642
2314	2314		purpose local government is not required to assume the property 1643
2315	2315		of the district, the debts of the district, or the district's 1644
2316	2316		obligations to complete any infrastructure improvements or 1645
2317	2317		provide any services to the district. Section 189.076(2), 1646
2318	2318		Florida Statutes, does not apply to the district. 1647
2319	2319		(11) TRUST AGREEMENTS. —Any issue of bonds shall be secured 1648
2320	2320		by a trust agreement or resolution by and between the district 1649
2321	2321		and a corporate trustee or trustees, which may be any trust 1650
2322	2322		company or bank having the powers of a trust company within or 1651
2323	2323		without the state. The resolution authorizing the issuance of 1652
2324	2324		the bonds or such tr ust agreement may pledge the revenues to be 1653
2325	2325		received from any projects of the district and may contain such 1654
2326	2326		provisions for protecting and enforcing the rights and remedies 1655
2327	2327		of the bondholders as the board may approve, including, without 1656
2328	2328		limitation, covenant s setting forth the duties of the district 1657
2329	2329		in relation to: the acquisition, construction, reconstruction, 1658
2330	2330		improvement, maintenance, repair, operation, and insurance of 1659
2331	2331		any projects; the fixing and revising of the rates, fees, and 1660
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2340	2340		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
2341	2341
2342	2342		charges; and the custody, safeguarding, and application of all 1661
2343	2343		moneys and for the employment of consulting engineers in 1662
2344	2344		connection with such acquisition, construction, reconstruction, 1663
2345	2345		improvement, maintenance, repair, operation, or insurance. It 1664
2346	2346		shall be lawful for any bank or trus t company within or without 1665
2347	2347		the state which may act as a depository of the proceeds of bonds 1666
2348	2348		or of revenues to furnish such indemnifying bonds or to pledge 1667
2349	2349		such securities as may be required by the district. Such 1668
2350	2350		resolution or trust agreement may set forth the rights and 1669
2351	2351		remedies of the bondholders and of the trustee, if any, and may 1670
2352	2352		restrict the individual right of action by bondholders. The 1671
2353	2353		board may provide for the payment of proceeds of the sale of the 1672
2354	2354		bonds and the revenues of any project to such offic er, board, or 1673
2355	2355		depository as it may designate for the custody thereof and may 1674
2356	2356		provide for the method of disbursement thereof with such 1675
2357	2357		safeguards and restrictions as it may determine. All expenses 1676
2358	2358		incurred in carrying out such resolution or trust agreement may 1677
2359	2359		be treated as part of the cost of operation of the project to 1678
2360	2360		which such trust agreement pertains. 1679
2361	2361		(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL 1680
2362	2362		ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL 1681
2363	2363		ASSESSMENTS; MAINTENANCE TAXES. — 1682
2364	2364		(a) Ad valorem taxes.—At such time as all members of the 1683
2365	2365		board are qualified electors who are elected by qualified 1684
2366	2366		electors of the district, the board shall have the power to levy 1685
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2375	2375		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
2376	2376
2377	2377		and assess an ad valorem tax on all the taxable property in the 1686
2378	2378		district to construct, operate, and maintain assessable 1687
2379	2379		improvements; to pay the principal of, and interest on, any 1688
2380	2380		general obligation bonds of the district; and to provide for any 1689
2381	2381		sinking or other funds established in connection with any such 1690
2382	2382		bonds. An ad valorem tax levie d by the board for operating 1691
2383	2383		purposes, exclusive of debt service on bonds, may not exceed 3 1692
2384	2384		mills. The ad valorem tax provided for herein shall be in 1693
2385	2385		addition to county and all other ad valorem taxes provided for 1694
2386	2386		by general law. Such tax shall be assessed, levied, and 1695
2387	2387		collected in the same manner and at the same time as county 1696
2388	2388		taxes. The levy of ad valorem taxes must be approved by 1697
2389	2389		referendum as required by Section 9, Article VII of the State 1698
2390	2390		Constitution. 1699
2391	2391		(b) Benefit special assessments. —The board annually shall 1700
2392	2392		determine, order, and levy the annual installment of the total 1701
2393	2393		benefit special assessments for bonds issued and related 1702
2394	2394		expenses to finance assessable improvements. These assessments 1703
2395	2395		may be due and collected during each year county taxes are due 1704
2396	2396		and collected, in which case such annual installment and levy 1705
2397	2397		shall be evidenced to and certified to the property appraiser by 1706
2398	2398		the board not later than August 31 of each year. Such assessment 1707
2399	2399		shall be entered by the property appraiser on the county tax 1708
2400	2400		rolls and shall be collected and enforced by the tax collector 1709
2401	2401		in the same manner and at the same time as county taxes, and the 1710
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2410	2410		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
2411	2411
2412	2412		proceeds thereof shall be paid to the district. However, this 1711
2413	2413		subsection does not prohibit the district in its discretion from 1712
2414	2414		using the method provided in s. 197.3632, Florida Statutes, or 1713
2415	2415		chapter 173, Florida Statutes, as each may be amended from time 1714
2416	2416		to time, for collecting and enforcing these assessments. Each 1715
2417	2417		annual installment of benefit special assessments shall be a 1716
2418	2418		lien on the property against which assessed until paid and shall 1717
2419	2419		be enforceable in like manner as county taxes. The amount of the 1718
2420	2420		assessment for the exercise of the district's powers under 1719
2421	2421		subsections (6) and (7) shall be determined by the board based 1720
2422	2422		upon a report of the district's engineer and assessed by the 1721
2423	2423		board upon such lands, which may be part or all of the lands 1722
2424	2424		within the district benefited by the improvement, apportioned 1723
2425	2425		between benefited lands in proportion to the benefits received 1724
2426	2426		by each tract of land. T he board may, if it determines it is in 1725
2427	2427		the best interests of the district, set forth in the proceedings 1726
2428	2428		initially levying such benefit special assessments or in 1727
2429	2429		subsequent proceedings a formula for the determination of an 1728
2430	2430		amount which, when paid by a taxp ayer with respect to any tax 1729
2431	2431		parcel, shall constitute a prepayment of all future annual 1730
2432	2432		installments of such benefit special assessments. The payment 1731
2433	2433		of which amount with respect to such tax parcel shall relieve 1732
2434	2434		and discharge such tax parcel of the lien o f such benefit 1733
2435	2435		special assessments and any subsequent annual installment 1734
2436	2436		thereof. The board may provide further that upon delinquency in 1735
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2445	2445		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
2446	2446
2447	2447		the payment of any annual installment of benefit special 1736
2448	2448		assessments, such prepayment amount of all future annual 1737
2449	2449		installments of benefit special assessments shall be and become 1738
2450	2450		immediately due and payable together with such delinquent annual 1739
2451	2451		installment. 1740
2452	2452		(c) Non-ad valorem maintenance taxes. —If and when 1741
2453	2453		authorized by general law, to maintain and to preserve the 1742
2454	2454		physical facilities and services constituting the works, 1743
2455	2455		improvements, or infrastructure owned by the district pursuant 1744
2456	2456		to this act, to repair and restore any one or more of them, when 1745
2457	2457		needed, and to defray the current expenses of the district, 1746
2458	2458		including any sum which may be required to pay state and county 1747
2459	2459		ad valorem taxes on any lands which may have been purchased and 1748
2460	2460		which are held by the district under this act, the board of 1749
2461	2461		supervisors may, upon the completion of said systems, 1750
2462	2462		facilities, services, works, impr ovements, or infrastructure, in 1751
2463	2463		whole or in part, as may be certified to the board by the 1752
2464	2464		engineer of the board, levy annually a non -ad valorem and 1753
2465	2465		nonmillage tax upon each tract or parcel of land within the 1754
2466	2466		district, to be known as a "maintenance tax." A maintenance tax 1755
2467	2467		shall be apportioned upon the basis of the net assessments of 1756
2468	2468		benefits assessed as accruing from the original construction and 1757
2469	2469		shall be evidenced to and certified by the board of supervisors 1758
2470	2470		of the district not later than June 1 of each yea r to the 1759
2471	2471		Sarasota County tax collector and shall be extended on the tax 1760
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2480	2480		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
2481	2481
2482	2482		rolls and collected by the tax collector on the merged 1761
2483	2483		collection roll of the tax collector in the same manner and at 1762
2484	2484		the same time as county ad valorem taxes, and the proceeds 1763
2485	2485		therefrom shall be paid to the district. The maintenance tax 1764
2486	2486		shall be a lien until paid on the property against which 1765
2487	2487		assessed and enforceable in like manner and of the same dignity 1766
2488	2488		as county ad valorem taxes. 1767
2489	2489		(d) Maintenance special assessments. —To maintain and 1768
2490	2490		preserve the facilities and projects of the district, the board 1769
2491	2491		may levy a maintenance special assessment. This assessment may 1770
2492	2492		be evidenced to and certified to the tax collector by the board 1771
2493	2493		of supervisors not later than August 31 of each year and shall 1772
2494	2494		be entered by the property appraiser on the county tax rolls and 1773
2495	2495		shall be collected and enforced by the tax collector in the same 1774
2496	2496		manner and at the same time as county taxes, and the proceeds 1775
2497	2497		therefrom shall be paid to the district. However, this 1776
2498	2498		subsection does not prohibit the district in its discretion from 1777
2499	2499		using the method prescribed in s. 197.363, s. 197.3631, or s. 1778
2500	2500		197.3632, Florida Statutes, for collecting and enforcing these 1779
2501	2501		assessments. These maintenance special assessments shall be a 1780
2502	2502		lien on the property against which assessed until paid and shall 1781
2503	2503		be enforceable in like manner as county taxes. The amount of the 1782
2504	2504		maintenance special assessment for the exercise of the 1783
2505	2505		district's powers under this section shall be determined by the 1784
2506	2506		board based upon a r eport of the district's engineer and 1785
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2515	2515		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
2516	2516
2517	2517		assessed by the board upon such lands, which may be all of the 1786
2518	2518		lands within the district benefited by the maintenance thereof, 1787
2519	2519		apportioned between the benefited lands in proportion to the 1788
2520	2520		benefits received by each tract of land. 1789
2521	2521		(e) Special assessments. —The board may levy and impose any 1790
2522	2522		special assessments pursuant to this subsection. 1791
2523	2523		(f) Enforcement of taxes. —The collection and enforcement 1792
2524	2524		of all taxes levied by the district shall be at the same time 1793
2525	2525		and in like manner as county taxes, and the provisions of 1794
2526	2526		general law relating to the sale of lands for unpaid and 1795
2527	2527		delinquent county taxes; the issuance, sale, and delivery of tax 1796
2528	2528		certificates for such unpaid and delinquent county taxes; the 1797
2529	2529		redemption thereof; the issua nce to individuals of tax deeds 1798
2530	2530		based thereon; and all other procedures in connection therewith 1799
2531	2531		shall be applicable to the district to the same extent as if 1800
2532	2532		such statutory provisions were expressly set forth in this act. 1801
2533	2533		All taxes shall be subject to the s ame discounts as county 1802
2534	2534		taxes. 1803
2535	2535		(g) When unpaid tax is delinquent; penalty. —All taxes 1804
2536	2536		provided for in this act shall become delinquent and bear 1805
2537	2537		penalties on the amount of such taxes in the same manner as 1806
2538	2538		county taxes. 1807
2539	2539		(h) Status of assessments. —Benefit special assessments, 1808
2540	2540		maintenance special assessments, and special assessments are 1809
2541	2541		hereby found and determined to be non -ad valorem assessments as 1810
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2550	2550		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
2551	2551
2552	2552		defined in s. 197.3632(1), Florida Statutes. Maintenance taxes 1811
2553	2553		are non-ad valorem taxes and are not special as sessments. 1812
2554	2554		(i) Assessments constitute liens; collection. —Any and all 1813
2555	2555		assessments, including special assessments, benefit special 1814
2556	2556		assessments, and maintenance special assessments authorized and 1815
2557	2557		granted by this subsection, and maintenance taxes if authoriz ed 1816
2558	2558		by general law, shall constitute a lien on the property against 1817
2559	2559		which assessed from the date of levy and imposition thereof 1818
2560	2560		until paid, coequal with the lien of state, county, municipal, 1819
2561	2561		and school board taxes. These assessments may be collected, at 1820
2562	2562		the district's discretion, under authority of s. 197.3631, 1821
2563	2563		Florida Statutes, as amended from time to time, by the tax 1822
2564	2564		collector pursuant to ss. 197.3632 and 197.3635, Florida 1823
2565	2565		Statutes, as amended from time to time, or in accordance with 1824
2566	2566		other collection measu res provided by general law. In addition 1825
2567	2567		to, and not in limitation of, any powers otherwise set forth 1826
2568	2568		herein or in general law, these assessments may also be enforced 1827
2569	2569		pursuant to chapter 173, Florida Statutes, as amended from time 1828
2570	2570		to time. 1829
2571	2571		(j) Land owned by governmental entity. —Except as otherwise 1830
2572	2572		provided by general law, a levy of ad valorem taxes or non -ad 1831
2573	2573		valorem assessments under this act or chapter 170 or chapter 1832
2574	2574		197, Florida Statutes, or otherwise, by the board of the 1833
2575	2575		district, on property of a gove rnmental entity that is subject 1834
2576	2576		to a ground lease as described in s. 190.003(14), Florida 1835
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2585	2585		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
2586	2586
2587	2587		Statutes, does not constitute a lien or encumbrance on the 1836
2588	2588		underlying fee interest of such governmental entity. 1837
2589	2589		(13) SPECIAL ASSESSMENTS. — 1838
2590	2590		(a) As an alternative method to the levy and imposition of 1839
2591	2591		special assessments pursuant to chapter 170, Florida Statutes, 1840
2592	2592		pursuant to the authority under s. 197.3631, Florida Statutes, 1841
2593	2593		or pursuant to other provisions of general law, now or hereafter 1842
2594	2594		enacted, which provide a sup plemental means or authority to 1843
2595	2595		impose, levy, and collect special assessments as otherwise 1844
2596	2596		authorized under this act, the board may levy and impose special 1845
2597	2597		assessments to finance the exercise of any of its powers 1846
2598	2598		permitted under this act using the followin g uniform procedures: 1847
2599	2599		1. At a noticed meeting, the board of supervisors of the 1848
2600	2600		district may consider and review an engineer's report on the 1849
2601	2601		costs of the systems, facilities, and services to be provided, a 1850
2602	2602		preliminary special assessment methodology, and a preliminary 1851
2603	2603		roll based on acreage or platted lands, depending upon whether 1852
2604	2604		platting has occurred. 1853
2605	2605		a. The special assessment methodology shall address and 1854
2606	2606		discuss and the board shall consider whether the systems, 1855
2607	2607		facilities, and services being contemplat ed will result in 1856
2608	2608		special benefits peculiar to the property, different in kind and 1857
2609	2609		degree than general benefits, as a logical connection between 1858
2610	2610		the systems, facilities, and services themselves and the 1859
2611	2611		property, and whether the duty to pay the special asse ssments by 1860
2612		-	~~ENROLLED~~
2613		-	CS/HB 1175 2023 ~~Legislature~~
2614		-
2615		-
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2618		-	hb1175-~~02-er~~
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2620	2620		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
2621	2621
2622	2622		the property owners is apportioned in a manner that is fair and 1861
2623	2623		equitable and not in excess of the special benefit received. It 1862
2624	2624		shall be fair and equitable to designate a fixed proportion of 1863
2625	2625		the annual debt service, together with interest thereo n, on the 1864
2626	2626		aggregate principal amount of bonds issued to finance such 1865
2627	2627		systems, facilities, and services which give rise to unique, 1866
2628	2628		special, and peculiar benefits to property of the same or 1867
2629	2629		similar characteristics under the special assessment methodology 1868
2630	2630		so long as such fixed proportion does not exceed the unique, 1869
2631	2631		special, and peculiar benefits enjoyed by such property from 1870
2632	2632		such systems, facilities, and services. 1871
2633	2633		b. The engineer's cost report shall identify the nature of 1872
2634	2634		the proposed systems, facilities, an d services, their location, 1873
2635	2635		a cost breakdown plus a total estimated cost, including cost of 1874
2636	2636		construction or reconstruction, labor, and materials, lands, 1875
2637	2637		property, rights, easements, franchises, or systems, facilities, 1876
2638	2638		and services to be acquired; cost of p lans and specifications 1877
2639	2639		and surveys of estimates of costs and revenues; costs of 1878
2640	2640		engineering, legal, and other professional consultation 1879
2641	2641		services; and other expenses or costs necessary or incident to 1880
2642	2642		determining the feasibility or practicability of such 1881
2643	2643		construction, reconstruction, or acquisition, administrative 1882
2644	2644		expenses, relationship to the authority and power of the 1883
2645	2645		district in its charter, and such other expenses or costs as may 1884
2646		-	~~ENROLLED~~
2647		-	CS/HB 1175 2023 ~~Legislature~~
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2654	2654		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
2655	2655
2656	2656		be necessary or incident to the financing to be authorized by 1885
2657	2657		the board of supervisors. 1886
2658	2658		c. The preliminary special assessment roll shall be in 1887
2659	2659		accordance with the assessment methodology as may be adopted by 1888
2660	2660		the board of supervisors; the special assessment roll shall be 1889
2661	2661		completed as promptly as possible and shall show the acreag e, 1890
2662	2662		lots, lands, or plats assessed and the amount of the fairly and 1891
2663	2663		reasonably apportioned assessment based on special and peculiar 1892
2664	2664		benefit to the property, lot, parcel, or acreage of land; and, 1893
2665	2665		if the special assessment against such lot, parcel, acreage, o r 1894
2666	2666		portion of land is to be paid in installments, the number of 1895
2667	2667		annual installments in which the special assessment is divided 1896
2668	2668		shall be entered into and shown upon the special assessment 1897
2669	2669		roll. 1898
2670	2670		2. The board of supervisors of the district may determine 1899
2671	2671		and declare by an initial special assessment resolution to levy 1900
2672	2672		and assess the special assessments with respect to assessable 1901
2673	2673		improvements stating the nature of the systems, facilities, and 1902
2674	2674		services, improvements, projects, or infrastructure constituting 1903
2675	2675		such assessable improvements, the information in the engineer's 1904
2676	2676		cost report, the information in the special assessment 1905
2677	2677		methodology as determined by the board at the noticed meeting 1906
2678	2678		and referencing and incorporating as part of the resolution the 1907
2679	2679		engineer's cost report, the preliminary special assessment 1908
2680	2680		methodology, and the preliminary special assessment roll as 1909
2681		-	~~ENROLLED~~
2682		-	CS/HB 1175 2023 ~~Legislature~~
2683		-
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2689	2689		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
2690	2690
2691	2691		referenced exhibits to the resolution by reference. If the board 1910
2692	2692		determines to declare and levy the special assessments by the 1911
2693	2693		initial special assessment resolution, the board shall also 1912
2694	2694		adopt and declare a notice resolution which shall provide and 1913
2695	2695		cause the initial special assessment resolution to be published 1914
2696	2696		in a newspaper of general circulation in Sarasota County once a 1915
2697	2697		week for 2 consecutive weeks, an d said board shall by the same 1916
2698	2698		resolution fix a time and place at which the owner or owners of 1917
2699	2699		the property to be assessed or any other persons interested 1918
2700	2700		therein may appear before said board and be heard as to the 1919
2701	2701		propriety and advisability of making such improvements, as to 1920
2702	2702		the costs thereof, as to the manner of payment therefor, and as 1921
2703	2703		to the amount thereof to be assessed against each property so 1922
2704	2704		improved. Thirty days' notice in writing of such time and place 1923
2705	2705		shall be given to such property owners. The n otice shall include 1924
2706	2706		the amount of the special assessment and shall be served by 1925
2707	2707		mailing a copy to each assessed property owner at his or her 1926
2708	2708		last known address, the names and addresses of such property 1927
2709	2709		owners to be obtained from the record of the property appraiser 1928
2710	2710		of the county political subdivision in which the land is located 1929
2711	2711		or from such other sources as the district manager or engineer 1930
2712	2712		deems reliable. Proof of such mailing shall be made by the 1931
2713	2713		affidavit of the manager of the district or by the enginee r, 1932
2714	2714		said proof to be filed with the district manager. Failure to 1933
2715	2715		mail said notice or notices does not invalidate any of the 1934
2716		-	~~ENROLLED~~
2717		-	CS/HB 1175 2023 ~~Legislature~~
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2724	2724		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
2725	2725
2726	2726		proceedings hereunder. It is provided further that the last 1935
2727	2727		publication shall be at least 1 week before the date of the 1936
2728	2728		hearing on the final special assessment resolution. Said notice 1937
2729	2729		shall describe the general areas to be improved and advise all 1938
2730	2730		persons interested that the description of each property to be 1939
2731	2731		assessed and the amount to be assessed to each piece, parcel, 1940
2732	2732		lot, or acre of property may be ascertained at the office of the 1941
2733	2733		manager of the district. Such service by publication shall be 1942
2734	2734		verified by the affidavit of the publisher and filed with the 1943
2735	2735		manager of the district. Moreover, the initial special 1944
2736	2736		assessment resolution with i ts attached, referenced, and 1945
2737	2737		incorporated engineer's cost report, preliminary special 1946
2738	2738		assessment methodology, and preliminary special assessment roll, 1947
2739	2739		along with the notice resolution, shall be available for public 1948
2740	2740		inspection at the office of the manager a nd the office of the 1949
2741	2741		engineer or any other office designated by the board of 1950
2742	2742		supervisors in the notice resolution. Notwithstanding the 1951
2743	2743		foregoing, the landowners of all of the property which is 1952
2744	2744		proposed to be assessed may give the district written notice of 1953
2745	2745		waiver of any notice and publication provided for in this 1954
2746	2746		subparagraph. However, such notice and publication is not 1955
2747	2747		required, provided that any meeting of the board of supervisors 1956
2748	2748		to consider such resolution is a publicly noticed meeting. 1957
2749	2749		3. At the time and place named in the noticed resolution 1958
2750	2750		as provided for in subparagraph 2., the board of supervisors of 1959
2751		-	~~ENROLLED~~
2752		-	CS/HB 1175 2023 ~~Legislature~~
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2759	2759		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
2760	2760
2761	2761		the district shall meet and hear testimony from affected 1960
2762	2762		property owners as to the propriety and advisability of making 1961
2763	2763		the systems, facilities, ser vices, projects, works, 1962
2764	2764		improvements, or infrastructure and funding them with 1963
2765	2765		assessments referenced in the initial special assessment 1964
2766	2766		resolution on the property. Following the testimony and 1965
2767	2767		questions from the members of the board or any professional 1966
2768	2768		advisors to the district of the preparers of the engineer's cost 1967
2769	2769		report, the special assessment methodology, and the special 1968
2770	2770		assessment roll, the board of supervisors shall make a final 1969
2771	2771		decision on whether to levy and assess the particular special 1970
2772	2772		assessments. Thereafter, the board of supervisors shall meet as 1971
2773	2773		an equalizing board to hear and to consider any and all 1972
2774	2774		complaints as to the particular special assessments and shall 1973
2775	2775		adjust and equalize the special assessments to ensure proper 1974
2776	2776		assessment based on the be nefit conferred on the property. 1975
2777	2777		4. When so equalized and approved by resolution or 1976
2778	2778		ordinance by the board of supervisors, to be called the final 1977
2779	2779		special assessment resolution, a final special assessment roll 1978
2780	2780		shall be filed with the clerk of the board an d such special 1979
2781	2781		assessment shall stand confirmed and remain legal, valid, and 1980
2782	2782		binding first liens on the property against which such special 1981
2783	2783		assessments are made until paid, equal in dignity to the first 1982
2784	2784		liens of ad valorem taxation of county and municipal governments 1983
2785	2785		and school boards. However, upon completion of the systems, 1984
2786		-	~~ENROLLED~~
2787		-	CS/HB 1175 2023 ~~Legislature~~
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2789		-
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2794	2794		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
2795	2795
2796	2796		facilities, services, projects, improvements, works, or 1985
2797	2797		infrastructure, the district shall credit to each of the 1986
2798	2798		assessments the difference in the special assessment as 1987
2799	2799		originally made, approved, levied, assessed, and confirmed and 1988
2800	2800		the proportionate part of the actual cost of the improvement to 1989
2801	2801		be paid by the particular special assessments as finally 1990
2802	2802		determined upon the completion of the improvement; but in no 1991
2803	2803		event shall the final spec ial assessment exceed the amount of 1992
2804	2804		the special and peculiar benefits as apportioned fairly and 1993
2805	2805		reasonably to the property from the system, facility, or service 1994
2806	2806		being provided as originally assessed. Promptly after such 1995
2807	2807		confirmation, the special assessment shall be recorded by the 1996
2808	2808		clerk of the district in the minutes of the proceedings of the 1997
2809	2809		district, and the record of the lien in this set of minutes 1998
2810	2810		shall constitute prima facie evidence of its validity. The board 1999
2811	2811		of supervisors, in its sole discretion, ma y, by resolution, 2000
2812	2812		grant a discount equal to all or a part of the payee's 2001
2813	2813		proportionate share of the cost of the project consisting of 2002
2814	2814		bond financing cost, such as capitalized interest, funded 2003
2815	2815		reserves, and bond discounts included in the estimated cost of 2004
2816	2816		the project, upon payment in full of any special assessments 2005
2817	2817		during such period before the time such financing costs are 2006
2818	2818		incurred as may be specified by the board of supervisors in such 2007
2819	2819		resolution. 2008
2820		-	~~ENROLLED~~
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2828	2828		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
2829	2829
2830	2830		5. District special assessments may be made payable in 2009
2831	2831		installments over no more than 40 years after the date of the 2010
2832	2832		payment of the first installment thereof and may bear interest 2011
2833	2833		at fixed or variable rates. 2012
2834	2834		(b) Notwithstanding any provision of this act or chapter 2013
2835	2835		170, Florida Statutes, that portion of s. 170. 09, Florida 2014
2836	2836		Statutes, which provides that special assessments may be paid 2015
2837	2837		without interest at any time within 30 days after the 2016
2838	2838		improvement is completed and a resolution accepting the same has 2017
2839	2839		been adopted by the governing authority is not applicable to an y 2018
2840	2840		district special assessments, whether imposed, levied, and 2019
2841	2841		collected pursuant to this act or any other provision of general 2020
2842	2842		law, including, but not limited to, chapter 170, Florida 2021
2843	2843		Statutes. 2022
2844	2844		(c) In addition, the district is authorized expressly in 2023
2845	2845		the exercise of its rulemaking power to adopt rules that provide 2024
2846	2846		for notice, levy, imposition, equalization, and collection of 2025
2847	2847		assessments. 2026
2848	2848		(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON 2027
2849	2849		ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS. — 2028
2850	2850		(a) The board may, after any special assessments or 2029
2851	2851		benefit special assessments for assessable improvements are 2030
2852	2852		made, determined, and confirmed as provided in this act, issue 2031
2853	2853		certificates of indebtedness for the amount so assessed against 2032
2854	2854		the abutting property or property otherwise benefited, as the 2033
2855		-	~~ENROLLED~~
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2863	2863		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
2864	2864
2865	2865		case may be, and separate certificates shall be issued against 2034
2866	2866		each part or parcel of land or property assessed, which 2035
2867	2867		certificates shall state the general nature of the improvement 2036
2868	2868		for which the assessment is ma de. The certificates shall be 2037
2869	2869		payable in annual installments in accordance with the 2038
2870	2870		installments of the special assessment for which they are 2039
2871	2871		issued. The board may determine the interest to be borne by such 2040
2872	2872		certificates, not to exceed the maximum rate allo wed by general 2041
2873	2873		law, and may sell such certificates at either private or public 2042
2874	2874		sale and determine the form, manner of execution, and other 2043
2875	2875		details of such certificates. The certificates shall recite that 2044
2876	2876		they are payable only from the special assessments l evied and 2045
2877	2877		collected from the part or parcel of land or property against 2046
2878	2878		which they are issued. The proceeds of such certificates may be 2047
2879	2879		pledged for the payment of principal of and interest on any 2048
2880	2880		revenue bonds or general obligation bonds issued to finance in 2049
2881	2881		whole or in part such assessable improvement or, if not so 2050
2882	2882		pledged, may be used to pay the cost or part of the cost of such 2051
2883	2883		assessable improvements. 2052
2884	2884		(b) The district may also issue assessment bonds, revenue 2053
2885	2885		bonds, or other obligations payable from a s pecial fund into 2054
2886	2886		which such certificates of indebtedness referred to in paragraph 2055
2887	2887		(a) may be deposited or, if such certificates of indebtedness 2056
2888	2888		have not been issued, may assign to such special fund for the 2057
2889	2889		benefit of the holders of such assessment bonds or other 2058
2890		-	~~ENROLLED~~
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2898	2898		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
2899	2899
2900	2900		obligations, or to a trustee for such bondholders, the 2059
2901	2901		assessment liens provided for in this act unless such 2060
2902	2902		certificates of indebtedness or assessment liens have been 2061
2903	2903		theretofore pledged for any bonds or other obligations 2062
2904	2904		authorized hereunder. In t he event of the creation of such 2063
2905	2905		special fund and the issuance of such assessment bonds or other 2064
2906	2906		obligations, the proceeds of such certificates of indebtedness 2065
2907	2907		or assessment liens deposited therein shall be used only for the 2066
2908	2908		payment of the assessment bonds or other obligations issued as 2067
2909	2909		provided in this section. The district is authorized to covenant 2068
2910	2910		with the holders of such assessment bonds, revenue bonds, or 2069
2911	2911		other obligations that it will diligently and faithfully enforce 2070
2912	2912		and collect all the special asses sments, and interest and 2071
2913	2913		penalties thereon, for which such certificates of indebtedness 2072
2914	2914		or assessment liens have been deposited in or assigned to such 2073
2915	2915		fund; to foreclose such assessment liens so assigned to such 2074
2916	2916		special fund or represented by the certifica tes of indebtedness 2075
2917	2917		deposited in the special fund, after such assessment liens have 2076
2918	2918		become delinquent, and deposit the proceeds derived from such 2077
2919	2919		foreclosure, including interest and penalties, in such special 2078
2920	2920		fund; and to make any other covenants deemed ne cessary or 2079
2921	2921		advisable in order to properly secure the holders of such 2080
2922	2922		assessment bonds or other obligations. 2081
2923	2923		(c) The assessment bonds, revenue bonds, or other 2082
2924	2924		obligations issued pursuant to this subsection shall have such 2083
2925		-	~~ENROLLED~~
2926		-	CS/HB 1175 2023 ~~Legislature~~
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2933	2933		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
2934	2934
2935	2935		dates of issuance and maturity as deemed advisable by the board; 2084
2936	2936		however, the maturities of such assessment bonds or other 2085
2937	2937		obligations may not be more than 2 years after the due date of 2086
2938	2938		the last installment that will be payable on any of the special 2087
2939	2939		assessments for which such assessment l iens, or the certificates 2088
2940	2940		of indebtedness representing such assessment liens, are assigned 2089
2941	2941		to or deposited in such special fund. 2090
2942	2942		(d) Such assessment bonds, revenue bonds, or other 2091
2943	2943		obligations issued under this subsection shall bear such 2092
2944	2944		interest as the board may determine, not to exceed the maximum 2093
2945	2945		rate allowed by general law, and shall be executed, shall have 2094
2946	2946		such provisions for redemption before maturity, shall be sold in 2095
2947	2947		such manner, and shall be subject to all of the applicable 2096
2948	2948		provisions contained in this act for revenue bonds, except as 2097
2949	2949		the same may be inconsistent with this subsection. 2098
2950	2950		(e) All assessment bonds, revenue bonds, or other 2099
2951	2951		obligations issued under this subsection shall be, shall 2100
2952	2952		constitute, and shall have all the qualities and incident s of 2101
2953	2953		negotiable instruments under the law merchant and general laws. 2102
2954	2954		(15) TAX LIENS.—All taxes of the district provided for in 2103
2955	2955		this act, together with all penalties for default in the payment 2104
2956	2956		of the same and all costs in collecting the same, including a 2105
2957	2957		reasonable attorney fee fixed by the court and taxed as a cost 2106
2958	2958		in the action brought to enforce payment, shall, from January 1 2107
2959	2959		of each year the property is liable to assessment and until 2108
2960		-	~~ENROLLED~~
2961		-	CS/HB 1175 2023 ~~Legislature~~
2962		-
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2968	2968		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
2969	2969
2970	2970		paid, constitute a lien of equal dignity with the liens for 2109
2971	2971		state and county taxes and other taxes of equal dignity with 2110
2972	2972		state and county taxes upon all the lands against which such 2111
2973	2973		taxes shall be levied. A sale of any of the real property within 2112
2974	2974		the district for state and county or other taxes may not operate 2113
2975	2975		to relieve or release the property so sold from the lien for 2114
2976	2976		subsequent district taxes or installments of district taxes, 2115
2977	2977		which lien may be enforced against such property as though no 2116
2978	2978		such sale thereof had been made. In addition, for purposes of s. 2117
2979	2979		197.552, Florida Sta tutes, the lien of all special assessments 2118
2980	2980		levied by the district shall constitute a lien of record held by 2119
2981	2981		a municipal or county governmental unit. Sections 194.171, 2120
2982	2982		197.122, 197.333, and 197.432, Florida Statutes, are applicable 2121
2983	2983		to district taxes with th e same force and effect as if such 2122
2984	2984		sections were expressly provided in this act. 2123
2985	2985		(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE 2124
2986	2986		DISTRICT; SHARING IN PROCEEDS OF TAX SALE. — 2125
2987	2987		(a) The district shall have the power and right to: 2126
2988	2988		1. Pay any delinquent state, county, district, municipal, 2127
2989	2989		or other tax or assessment upon lands located wholly or 2128
2990	2990		partially within the boundaries of the district. 2129
2991	2991		2. Redeem or purchase any tax sales certificates issued or 2130
2992	2992		sold on account of any state, county, district, municipal, or 2131
2993	2993		other taxes or assessments upon lands located wholly or 2132
2994	2994		partially within the boundaries of the district. 2133
2995		-	~~ENROLLED~~
2996		-	CS/HB 1175 2023 ~~Legislature~~
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2998		-
2999		-
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3003	3003		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
3004	3004
3005	3005		(b) Delinquent taxes paid, or tax sales certificates 2134
3006	3006		redeemed or purchased, by the district, together with all 2135
3007	3007		penalties for the defaul t in payment of the same and all costs 2136
3008	3008		in collecting the same and a reasonable attorney fee, shall 2137
3009	3009		constitute a lien in favor of the district of equal dignity with 2138
3010	3010		the liens of state and county taxes and other taxes of equal 2139
3011	3011		dignity with state and county t axes upon all the real property 2140
3012	3012		against which the taxes were levied. The lien of the district 2141
3013	3013		may be foreclosed in the manner provided in this act. 2142
3014	3014		(c) In any sale of land pursuant to s. 197.542, Florida 2143
3015	3015		Statutes, as may be amended from time to time, the district may 2144
3016	3016		certify to the clerk of the circuit court of the county holding 2145
3017	3017		such sale the amount of taxes due to the district upon the lands 2146
3018	3018		sought to be sold, and the district shall share in the 2147
3019	3019		disbursement of the sales proceeds in accordance with this act 2148
3020	3020		and under general law. 2149
3021	3021		(17) FORECLOSURE OF LIENS. —Any lien in favor of the 2150
3022	3022		district arising under this act may be foreclosed by the 2151
3023	3023		district by foreclosure proceedings in the name of the district 2152
3024	3024		in a court of competent jurisdiction as provided by g eneral law 2153
3025	3025		in like manner as is provided in chapter 170 or chapter 173, 2154
3026	3026		Florida Statutes, and any amendments thereto, and those chapters 2155
3027	3027		shall be applicable to such proceedings with the same force and 2156
3028	3028		effect as if those chapters were expressly provided in this act. 2157
3029	3029		Any act required or authorized to be done by or on behalf of a 2158
3030		-	~~ENROLLED~~
3031		-	CS/HB 1175 2023 ~~Legislature~~
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3038	3038		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
3039	3039
3040	3040		municipality in foreclosure proceedings under chapter 170 or 2159
3041	3041		chapter 173, Florida Statutes, may be performed by such officer 2160
3042	3042		or agent of the district as the board of supervisors may 2161
3043	3043		designate. Such foreclosure proceedings may be brought at any 2162
3044	3044		time after the expiration of 1 year from the date any tax, or 2163
3045	3045		installment thereof, becomes delinquent; however, no lien shall 2164
3046	3046		be foreclosed against any political subdivision or agency of the 2165
3047	3047		state. Other legal remedies shall remain available. 2166
3048	3048		(18) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS, 2167
3049	3049		FACILITIES, AND SERVICES. —To the full extent permitted by 2168
3050	3050		general law, the district shall require all lands, buildings, 2169
3051	3051		premises, persons, firms, and corporat ions within the district 2170
3052	3052		to use the facilities of the district. 2171
3053	3053		(19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED 2172
3054	3054		PROVISIONS REQUIRED. — 2173
3055	3055		(a) A contract may not be let by the board for any goods, 2174
3056	3056		supplies, or materials to be purchased when the am ount thereof 2175
3057	3057		to be paid by the district shall exceed the amount provided in 2176
3058	3058		s. 287.017, Florida Statutes, for category four, unless notice 2177
3059	3059		of bids shall be published in a newspaper of general circulation 2178
3060	3060		in Sarasota County at least once. Any board seeking to construct 2179
3061	3061		or improve a public building, structure, or other public works 2180
3062	3062		shall comply with the bidding procedures of s. 255.20, Florida 2181
3063	3063		Statutes, as amended from time to time, and other applicable 2182
3064	3064		general law. In each case, the bid of the lowest respons ive and 2183
3065		-	~~ENROLLED~~
3066		-	CS/HB 1175 2023 ~~Legislature~~
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3068		-
3069		-
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3073	3073		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
3074	3074
3075	3075		responsible bidder shall be accepted unless all bids are 2184
3076	3076		rejected because the bids are too high or the board determines 2185
3077	3077		it is in the best interests of the district to reject all bids. 2186
3078	3078		The board may require the bidders to furnish bond with a 2187
3079	3079		responsible surety to be approved by the board. Nothing in this 2188
3080	3080		subsection shall prevent the board from undertaking and 2189
3081	3081		performing the construction, operation, and maintenance of any 2190
3082	3082		project or facility authorized by this act by the employment of 2191
3083	3083		labor, material, and machinery. 2192
3084	3084		(b) The Consultants' Competitive Negotiation Act, s. 2193
3085	3085		287.055, Florida Statutes, applies to contracts for engineering, 2194
3086	3086		architecture, landscape architecture, or registered surveying 2195
3087	3087		and mapping services let by the board. 2196
3088	3088		(c) Contracts for maintenance services for any district 2197
3089	3089		facility or project shall be subject to competitive bidding 2198
3090	3090		requirements when the amount thereof to be paid by the district 2199
3091	3091		exceeds the amount provided in s. 287.017, Florida Statutes, as 2200
3092	3092		amended from time to time, for category four. The district shall 2201
3093	3093		adopt rules, policies, or procedures establishing competitive 2202
3094	3094		bidding procedures for maintenance services. Contracts for other 2203
3095	3095		services may not be subject to competitive bidding unless the 2204
3096	3096		district adopts a rule, policy, or procedure applying 2205
3097	3097		competitive bidding procedures to said contracts. Nothing herein 2206
3098	3098		shall preclude the use of requests for proposal instead of 2207
3099		-	~~ENROLLED~~
3100		-	CS/HB 1175 2023 ~~Legislature~~
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3106	3106		Page 90 of 98
3107	3107		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
3108	3108
3109	3109		invitations to bid as determined by the district to be in its 2208
3110	3110		best interest. 2209
3111	3111		(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION 2210
3112	3112		AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS. — 2211
3113	3113		(a) The district is authorized to prescribe, fix, 2212
3114	3114		establish, and collect rates, fees, rentals, or other charges, 2213
3115	3115		hereinafter sometimes referred to as "revenues, " and to revise 2214
3116	3116		the same from time to time, for the systems, facilities, and 2215
3117	3117		services furnished by the district, within the limits of the 2216
3118	3118		district, including, but not limited to, recreational 2217
3119	3119		facilities, water management and control facilities, and water 2218
3120	3120		and sewer systems; to recover the costs of making connection 2219
3121	3121		with any district service, facility, or system; and to provide 2220
3122	3122		for reasonable penalties against any user or property for any 2221
3123	3123		such rates, fees, rentals, or other charges that are delinquent. 2222
3124	3124		(b) No such rates, fees, rentals, or other charges for any 2223
3125	3125		of the facilities or services of the district shall be fixed 2224
3126	3126		until after a public hearing at which all the users of the 2225
3127	3127		proposed facility or services or owners, tenants, or occupants 2226
3128	3128		served or to be served thereby and all other interested persons 2227
3129	3129		shall have an opportunity to be heard concerning the proposed 2228
3130	3130		rates, fees, rentals, or other charges. Rates, fees, rentals, 2229
3131	3131		and other charges shall be adopted under the administrative 2230
3132	3132		rulemaking authority of th e district, but do not apply to 2231
3133	3133		district leases. Notice of such public hearing setting forth the 2232
3134		-	~~ENROLLED~~
3135		-	CS/HB 1175 2023 ~~Legislature~~
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3141	3141		Page 91 of 98
3142	3142		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
3143	3143
3144	3144		proposed schedule or schedules of rates, fees, rentals, and 2233
3145	3145		other charges shall have been published in a newspaper of 2234
3146	3146		general circulation in Sarasota County at least once and at 2235
3147	3147		least 10 days before such public hearing. The rulemaking hearing 2236
3148	3148		may be adjourned from time to time. After such hearing, such 2237
3149	3149		schedule or schedules, either as initially proposed or as 2238
3150	3150		modified or amended, may be finally adopted. A copy o f the 2239
3151	3151		schedule or schedules of such rates, fees, rentals, or charges 2240
3152	3152		as finally adopted shall be kept on file in an office designated 2241
3153	3153		by the board and shall be open at all reasonable times to public 2242
3154	3154		inspection. The rates, fees, rentals, or charges so fixed for 2243
3155	3155		any class of users or property served shall be extended to cover 2244
3156	3156		any additional users or properties thereafter served which shall 2245
3157	3157		fall in the same class, without the necessity of any notice or 2246
3158	3158		hearing. 2247
3159	3159		(c) Such rates, fees, rentals, and charges shall be just 2248
3160	3160		and equitable and uniform for users of the same class, and when 2249
3161	3161		appropriate may be based or computed either upon the amount of 2250
3162	3162		service furnished, upon the average number of persons residing 2251
3163	3163		or working in or otherwise occupying the premises se rved, or 2252
3164	3164		upon any other factor affecting the use of the facilities 2253
3165	3165		furnished, or upon any combination of the foregoing factors, as 2254
3166	3166		may be determined by the board on an equitable basis. 2255
3167	3167		(d) The rates, fees, rentals, or other charges prescribed 2256
3168	3168		shall be such as will produce revenues, together with any other 2257
3169		-	~~ENROLLED~~
3170		-	CS/HB 1175 2023 ~~Legislature~~
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3177	3177		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
3178	3178
3179	3179		assessments, taxes, revenues, or funds available or pledged for 2258
3180	3180		such purpose, at least sufficient to provide for the following 2259
3181	3181		items, but not necessarily in the order stated: 2260
3182	3182		1. To provide for all expe nses of operation and 2261
3183	3183		maintenance of such facility or service. 2262
3184	3184		2. To pay when due all bonds and interest thereon for the 2263
3185	3185		payment of which such revenues are, or shall have been, pledged 2264
3186	3186		or encumbered, including reserves for such purpose. 2265
3187	3187		3. To provide for any other funds which may be required 2266
3188	3188		under the resolution or resolutions authorizing the issuance of 2267
3189	3189		bonds pursuant to this act. 2268
3190	3190		(e) The board shall have the power to enter into contracts 2269
3191	3191		for the use of the projects of the district and with respect t o 2270
3192	3192		the services, systems, and facilities furnished or to be 2271
3193	3193		furnished by the district. 2272
3194	3194		(21) RECOVERY OF DELINQUENT CHARGES. —In the event that any 2273
3195	3195		rates, fees, rentals, charges, or delinquent penalties are not 2274
3196	3196		paid as and when due and are in default for 60 days or more, the 2275
3197	3197		unpaid balance thereof and all interest accrued thereon, 2276
3198	3198		together with reasonable attorney fees and costs, may be 2277
3199	3199		recovered by the district in a civil action. 2278
3200	3200		(22) DISCONTINUANCE OF SERVICES OR FACILITIES. —In the 2279
3201	3201		event the fees, rental s, or other charges for district services 2280
3202	3202		or facilities are not paid when due, the board shall have the 2281
3203	3203		power, under such reasonable rules and regulations as the board 2282
3204		-	~~ENROLLED~~
3205		-	CS/HB 1175 2023 ~~Legislature~~
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3212	3212		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
3213	3213
3214	3214		may adopt, to discontinue and shut off such services or 2283
3215	3215		facilities until such fees, rent als, or other charges, including 2284
3216	3216		interest, penalties, and charges for the shutting off and 2285
3217	3217		discontinuance and the restoration of such services or 2286
3218	3218		facilities, are fully paid; and, for such purposes, the board 2287
3219	3219		may enter on any lands, waters, or premises of a ny person, firm, 2288
3220	3220		corporation, or body, public or private, within the district 2289
3221	3221		limits. Such delinquent fees, rentals, or other charges, 2290
3222	3222		together with interest, penalties, and charges for the shutting 2291
3223	3223		off and discontinuance and the restoration of such servic es or 2292
3224	3224		facilities and reasonable attorney fees and other expenses, may 2293
3225	3225		be recovered by the district, which may also enforce payment of 2294
3226	3226		such delinquent fees, rentals, or other charges by any other 2295
3227	3227		lawful method of enforcement. 2296
3228	3228		(23) ENFORCEMENT AND PENALTIE S.—The board or any aggrieved 2297
3229	3229		person may have recourse to such remedies in general law and at 2298
3230	3230		equity as may be necessary to ensure compliance with this act, 2299
3231	3231		including injunctive relief to enjoin or restrain any person 2300
3232	3232		violating this act or any bylaws, reso lutions, regulations, 2301
3233	3233		rules, codes, or orders adopted under this act. In case any 2302
3234	3234		building or structure is erected, constructed, reconstructed, 2303
3235	3235		altered, repaired, converted, or maintained, or any building, 2304
3236	3236		structure, land, or water is used, in violation of this act or 2305
3237	3237		of any code, order, resolution, or other regulation made under 2306
3238	3238		authority conferred by this act or under general law, the board 2307
3239		-	~~ENROLLED~~
3240		-	CS/HB 1175 2023 ~~Legislature~~
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3247	3247		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
3248	3248
3249	3249		or any citizen residing in the district may institute any 2308
3250	3250		appropriate action or proceeding to prevent such unlawful 2309
3251	3251		erection, construction, reconstruction, alteration, repair, 2310
3252	3252		conversion, maintenance, or use; to restrain, correct, or avoid 2311
3253	3253		such violation; to prevent the occupancy of such building, 2312
3254	3254		structure, land, or water; and to prevent any illegal act, 2313
3255	3255		conduct, business, or use in or about such premises, land, or 2314
3256	3256		water. 2315
3257	3257		(24) SUITS AGAINST THE DISTRICT. —Any suit or action 2316
3258	3258		brought or maintained against the district for damages arising 2317
3259	3259		out of tort, including, without limitation, any claim arising 2318
3260	3260		upon account of an act causing an injury or loss of property, 2319
3261	3261		personal injury, or death, shall be subject to the limitations 2320
3262	3262		provided in s. 768.28, Florida Statutes. 2321
3263	3263		(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION. —All 2322
3264	3264		district property shall be exempt from levy and sale b y virtue 2323
3265	3265		of an execution, and no execution or other judicial process 2324
3266	3266		shall issue against such property, nor shall any judgment 2325
3267	3267		against the district be a charge or lien on its property or 2326
3268	3268		revenues; however, nothing contained herein shall apply to or 2327
3269	3269		limit the rights of bondholders to pursue any remedy for the 2328
3270	3270		enforcement of any lien or pledge given by the district in 2329
3271	3271		connection with any of the bonds or obligations of the district. 2330
3272	3272		(26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT. — 2331
3273		-	~~ENROLLED~~
3274		-	CS/HB 1175 2023 ~~Legislature~~
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3281	3281		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
3282	3282
3283	3283		(a) The board of supervisors of the district may not ask 2332
3284	3284		the Legislature to repeal or amend this act to expand or to 2333
3285	3285		contract the boundaries of the district or otherwise cause the 2334
3286	3286		merger or termination of the district without first obtaining a 2335
3287	3287		resolution or official state ment from Sarasota County as 2336
3288	3288		required by s. 189.031(2)(e)4., Florida Statutes, for creation 2337
3289	3289		of an independent special district. The district's consent may 2338
3290	3290		be evidenced by a resolution or other official written statement 2339
3291	3291		of the district. 2340
3292	3292		(b) The district shall remain in existence until: 2341
3293	3293		1. The district is terminated and dissolved pursuant to 2342
3294	3294		amendment to this act by the Legislature. 2343
3295	3295		2. The district has become inactive pursuant to s. 2344
3296	3296		189.062, Florida Statutes. 2345
3297	3297		(27) MERGER WITH COMMUNITY DEVELOPMENT DI STRICTS.—The 2346
3298	3298		district may merge with one or more community development 2347
3299	3299		districts situated wholly within its boundaries. The district 2348
3300	3300		shall be the surviving entity of the merger. Any mergers shall 2349
3301	3301		commence upon each such community development district fil ing a 2350
3302	3302		written request for merger with the district. A copy of the 2351
3303	3303		written request shall also be filed with Sarasota County. The 2352
3304	3304		district, subject to the direction of its board of supervisors, 2353
3305	3305		shall enter into a merger agreement which shall provide for the 2354
3306	3306		proper allocation of debt, the manner in which such debt shall 2355
3307	3307		be retired, the transition of the community development district 2356
3308		-	~~ENROLLED~~
3309		-	CS/HB 1175 2023 ~~Legislature~~
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3314		-	hb1175-~~02-er~~
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3315	3315		Page 96 of 98
3316	3316		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
3317	3317
3318	3318		board, and the transfer of all financial obligations and 2357
3319	3319		operating and maintenance responsibilities to the district. The 2358
3320	3320		execution of the merger agreement by the district and each 2359
3321	3321		community development district constitutes consent of the 2360
3322	3322		landowners within each district. The district and each community 2361
3323	3323		development district requesting merger shall hold a public 2362
3324	3324		hearing within its bou ndaries to provide information about and 2363
3325	3325		take public comment on the proposed merger in the merger 2364
3326	3326		agreement. The public hearing shall be held within 45 days after 2365
3327	3327		the execution of the merger agreement by all parties thereto. 2366
3328	3328		Notice of the public hearing sh all be published in a newspaper 2367
3329	3329		of general circulation in Sarasota County at least 14 days 2368
3330	3330		before the hearing. At the conclusion of the public hearing each 2369
3331	3331		district shall consider a resolution approving or disapproving 2370
3332	3332		the proposed merger. If the district and each community 2371
3333	3333		development district which is a party to the merger agreement 2372
3334	3334		adopt a resolution approving the proposed merger, the 2373
3335	3335		resolutions and the merger agreement shall be filed with 2374
3336	3336		Sarasota County. Upon receipt of the resolutions approving the 2375
3337	3337		merger and the merger agreement, Sarasota County shall adopt a 2376
3338	3338		nonemergency ordinance dissolving each community development 2377
3339	3339		district pursuant to s. 190.046 (10), Florida Statutes. 2378
3340	3340		(28) INCLUSION OF TERRITORY. —The inclusion of any or all 2379
3341	3341		territory of the district within a municipality does not change, 2380
3342		-	~~ENROLLED~~
3343		-	CS/HB 1175 2023 ~~Legislature~~
3344		-
3345		-
3346		-
3347		-	CODING: Words stricken are deletions; words underlined are additions.
3348		-	hb1175-~~02-er~~
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3350	3350		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
3351	3351
3352	3352		alter, or affect the boundary, territory, existence, or 2381
3353	3353		jurisdiction of the district. 2382
3354	3354		(29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED 2383
3355	3355		DISCLOSURE TO PURCHASER. —Subsequent to the creation of this 2384
3356	3356		district under this act, each contract for the initial sale of a 2385
3357	3357		parcel of real property and each contract for the initial sale 2386
3358	3358		of a residential unit within the district shall include, 2387
3359	3359		immediately before the space reserved in the contract for the 2388
3360	3360		signature of the purchaser, the following disclosure statement 2389
3361	3361		in boldfaced and conspicuous type which is larger than the type 2390
3362	3362		in the remaining text of the contract: "THE THREE RIVERS 2391
3363	3363		STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, 2392
3364	3364		OR BOTH TAXES AND ASSESS MENTS, ON THIS PROPERTY. THESE TAXES AND 2393
3365	3365		ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE 2394
3366	3366		COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE 2395
3367	3367		DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE 2396
3368	3368		DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY 2397
3369	3369		AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER 2398
3370	3370		TAXES AND ASSESSMENTS PROVIDED FOR BY GENERAL LAW." 2399
3371	3371		(30) NOTICE OF CREATION AND ESTABLISHMENT. —Within 30 days 2400
3372	3372		after the election of the first board of supervisors creating 2401
3373	3373		the district, the district shall cause to be recorded in the 2402
3374	3374		grantor-grantee index of the property records in Sarasota County 2403
3375	3375		a "Notice of Creation and Establishment of the Three Rivers 2404
3376		-	~~ENROLLED~~
3377		-	CS/HB 1175 2023 ~~Legislature~~
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3379		-
3380		-
3381		-	CODING: Words stricken are deletions; words underlined are additions.
3382		-	hb1175-~~02-er~~
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3384	3384		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
3385	3385
3386	3386		Stewardship District." The notice shall, at a mi nimum, include 2405
3387	3387		the legal description of the territory described in this act. 2406
3388	3388		(31) DISTRICT PROPERTY PUBLIC; FEES. —Any system, facility, 2407
3389	3389		service, works, improvement, project, or other infrastructure 2408
3390	3390		owned by the district, or funded by federal tax exempt b onding 2409
3391	3391		issued by the district, is public; and the district by rule may 2410
3392	3392		regulate, and may impose reasonable charges or fees for, the use 2411
3393	3393		thereof, but not to the extent that such regulation or 2412
3394	3394		imposition of such charges or fees constitutes denial of 2413
3395	3395		reasonable access. 2414
3396	3396		Section 7. If any provision of this act or its application 2415
3397	3397		to any person or circumstance is held invalid, the invalidity 2416
3398	3398		does not affect the remaining provisions or applications of the 2417
3399	3399		act which can be given effect without the invalid provis ion or 2418
3400	3400		application, and to this end the provisions of this act are 2419
3401	3401		severable. 2420
3402	3402		Section 8. This act shall take effect July 1, 2023, except 2421
3403	3403		that the provisions of this act which authorize the levy of ad 2422
3404	3404		valorem taxation shall take effect only upon expre ss approval by 2423
3405	3405		a majority vote of those qualified electors of the Three Rivers 2424
3406	3406		Stewardship District, as required by Section 9, Article VII of 2425
3407	3407		the State Constitution, voting in a referendum election held at 2426
3408	3408		such time as all members of the board are qualifie d electors who 2427
3409	3409		are elected by qualified electors of the district as provided in 2428
3410	3410		this act. 2429