Florida 2025 Regular Session

Florida House Bill H4041 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	~~CS/~~HB 4041 2025
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5		-
6		-
7		-	CODING: Words stricken are deletions; words underlined are additions.
8		-	hb4041-~~01-c1~~
	3	+	HB 4041 2025
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9	9		Page 1 of 102
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	12		A bill to be entitled 1
13	13		An act relating to Collier County; creating the 2
14	14		Corkscrew Grove Stewardship District; providing a 3
15	15		short title; providing legislative findings and 4
16	16		intent; providing definitions; stating legislative 5
17	17		policy regarding creation of the district; 6
18	18		establishing compliance with minimum requirements for 7
19	19		creation of an independent special district; providing 8
20	20		for creation and establishment of the district; 9
21	21		establishing the legal boundaries of the district; 10
22	22		providing for the jurisdiction and charter of the 11
23	23		district; providing for a board of supervisors; 12
24	24		providing for election, membership, terms, meetings, 13
25	25		and duties of board members; providing a method for 14
26	26		transition of the board from landowner control to 15
27	27		control by the resident electors of the district; 16
28	28		providing for a district manager and district 17
29	29		personnel; providing for a district treasurer, 18
30	30		selection of a public depository, and district budgets 19
31	31		and financial reports; providing the general and 20
32	32		special powers of the district; providing for bonds; 21
33	33		providing for borrowing ; providing for future ad 22
34	34		valorem taxation; providing for special assessments; 23
35	35		providing for issuance of certificates of 24
36	36		indebtedness; providing for tax liens; providing for 25
37	37
38		-	~~CS/~~HB 4041 2025
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40		-
41		-
42		-	CODING: Words stricken are deletions; words underlined are additions.
43		-	hb4041-~~01-c1~~
	38	+	HB 4041 2025
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	42	+	CODING: Words stricken are deletions; words underlined are additions.
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44	44		Page 2 of 102
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		competitive procurement; providing for fees and 26
48	48		charges; providing for termination , contraction, 27
49	49		expansion, or merger of the district; providing for 28
50	50		required notices to purchasers of residential units 29
51	51		within the district; specifying district public 30
52	52		property; providing severability; providing for a 31
53	53		referendum; providing effective dates. 32
54	54		33
55	55		Be It Enacted by the Legislature of the State of Florida: 34
56	56		35
57	57		Section 1. This act may be cited as the "Corkscrew Grove 36
58	58		Stewardship District Act." 37
59	59		Section 2. Legislative findings and intent; definitions; 38
60	60		policy.— 39
61	61		(1) LEGISLATIVE INTENT AND PURPO SE OF THE DISTRICT.— 40
62	62		(a) The extensive lands located wholly within Collier 41
63	63		County and covered by this act contain many opportunities for 42
64	64		thoughtful, comprehensive, responsible, and consistent 43
65	65		development over a long period. 44
66	66		(b) There is a need to use a single special and limited 45
67	67		purpose independent special district unit of local government 46
68	68		for the Corkscrew Grove Stewardship District lands located 47
69	69		within Collier County and covered by this act to provide for a 48
70	70		more comprehensive community development app roach, which will 49
71	71		facilitate an integral relationship between regional 50
72	72
73		-	~~CS/~~HB 4041 2025
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78		-	hb4041-~~01-c1~~
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79	79		Page 3 of 102
80	80		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
81	81
82	82		transportation, land use, and urban design to provide for a 51
83	83		diverse mix of housing and regional employment and economic 52
84	84		development opportunities, rather than fragmented development 53
85	85		with underutilized infrastructure generally associated with 54
86	86		urban sprawl. 55
87	87		(c) There is a considerably long period of time during 56
88	88		which there is a significant burden on the initial landowners of 57
89	89		the district lands to provide various systems, facilities, and 58
90	90		services, such that there is a need for flexible management, 59
91	91		sequencing, timing, and financing of the various systems, 60
92	92		facilities, and services to be provided to these lands, taking 61
93	93		into consideration absorption rates, commercial viability, and 62
94	94		related factors. 63
95	95		(d) While chapter 190, Florida Statutes, provides an 64
96	96		opportunity for previous community development services and 65
97	97		facilities to be provided by the continued use of community 66
98	98		development districts in a manner that furthers the public 67
99	99		interest, given the size of the Corkscrew Grove Stewardship 68
100	100		District lands and the duration of development, continuing to 69
101	101		utilize multiple community development districts over these 70
102	102		lands would result in an inefficient, duplicative, and needless 71
103	103		proliferation of local spe cial purpose governments, contrary to 72
104	104		the public interest and the Legislature's findings in chapter 73
105	105		190, Florida Statutes. Instead, it is in the public interest 74
106	106		that the long-range provision for, and management, financing, 75
107	107
108		-	~~CS/~~HB 4041 2025
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113		-	hb4041-~~01-c1~~
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114	114		Page 4 of 102
115	115		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
116	116
117	117		and long-term maintenance, upkeep , and operation of, services 76
118	118		and facilities to be provided for ultimate development and 77
119	119		conservation of the lands covered by this act be under one 78
120	120		coordinated entity. The creation of a single district will 79
121	121		assist in integrating the management of state reso urces and 80
122	122		allow for greater and more coordinated stewardship of natural 81
123	123		resources. 82
124	124		(e) Longer involvement of the initial landowner with 83
125	125		regard to the provision of systems, facilities, and services for 84
126	126		the Corkscrew Grove Stewardship District lands, coupl ed with the 85
127	127		special and limited purpose of the district, is in the public 86
128	128		interest. 87
129	129		(f) The existence and use of such a special and limited 88
130	130		purpose local government for the Corkscrew Grove Stewardship 89
131	131		District lands, subject to the Collier County compreh ensive 90
132	132		plan, will provide for a comprehensive and complete community 91
133	133		development approach to promote a sustainable and efficient land 92
134	134		use pattern for the Corkscrew Grove Stewardship District lands 93
135	135		with long-term planning for conservation and development; 94
136	136		provide opportunities for the mitigation of impacts and 95
137	137		development of infrastructure in an orderly and timely manner; 96
138		-	prevent the overburdening of the general -purpose ~~local~~ 97
	138	+	prevent the overburdening of the local general purpose 97
139	139		government and the taxpayers; and provide an enhanced tax base 98
140	140		and regional employm ent and economic development opportunities. 99
141	141
142		-	~~CS/~~HB 4041 2025
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146		-	CODING: Words stricken are deletions; words underlined are additions.
147		-	hb4041-~~01-c1~~
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148	148		Page 5 of 102
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		(g) The creation and establishment of the special district 100
152	152		will encourage local government financial self -sufficiency in 101
153	153		providing public facilities and in identifying and implementing 102
154		-	~~fiscally~~ sound, ~~innovativ e~~, and cost-effective techniques to 103
	154	+	physically sound, innovat ive, and cost-effective techniques to 103
155	155		provide and finance public facilities while encouraging 104
156	156		development, use, and coordination of capital improvement plans 105
157	157		by all levels of government, in accordance with the goals of 106
158	158		chapter 187, Florida Statutes. 107
159	159		(h) The creation and establishment of the special district 108
160	160		is a legitimate supplemental and alternative method available to 109
161	161		manage, own, operate, construct, and finance capital 110
162	162		infrastructure systems, facilities, and services. 111
163	163		(i) In order to be responsive t o the critical timing 112
164	164		required through the exercise of its special management 113
165	165		functions, an independent special district requires financing of 114
166	166		those functions, including bondable lienable and nonlienable 115
167	167		revenue, with full and continuing public disclosure and 116
168	168		accountability, funded by landowners, both present and future, 117
169	169		and funded also by users of the systems, facilities, and 118
170	170		services provided to the land area by the special district, 119
171	171		without unduly burdening the taxpayers, citizens, and ratepayers 120
172	172		of the state or Collier County. 121
173	173		(j) The special district created and established by this 122
174	174		act shall not have or exercise any comprehensive planning, 123
175	175		zoning, or development permitting power; the establishment of 124
176	176
177		-	~~CS/~~HB 4041 2025
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182		-	hb4041-~~01-c1~~
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183	183		Page 6 of 102
184	184		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
185	185
186	186		the special district shall not be considered a development order 125
187	187		within the meaning of chapter 380, Florida Statutes; and all 126
188	188		applicable planning and permitting laws, rules, regulations, and 127
189	189		policies of Collier County control the development of the land 128
190	190		to be serviced by the special district. 129
191	191		(k) The creation by this act of the Corkscrew Grove 130
192	192		Stewardship District is not inconsistent with the Collier County 131
193	193		comprehensive plan. 132
194	194		(l) It is the legislative intent and purpose that no debt 133
195	195		or obligation of the special district constitute a burden on 134
196	196		Collier County. 135
197	197		(2) DEFINITIONS.—As used in this act: 136
198	198		(a) "Ad valorem bonds" means bonds that are payable from 137
199	199		the proceeds of ad valorem taxes levied on real and tangible 138
200	200		personal property and that are generally referred to as general 139
201	201		obligation bonds. 140
202	202		(b) "Assessable improvements" means, without limitation, 141
203	203		any and all public improvements and community facilities that 142
204	204		the district is empowered to provide in accordance with this act 143
205	205		that provide a special benefit to property within the district. 144
206	206		(c) "Assessment bonds" means special obligations of the 145
207	207		district which are payable solely from proceeds of the special 146
208	208		assessments or benefit special assessments levied for assessable 147
209	209		improvements, provided that, in lieu of issuing assessment bonds 148
210	210
211		-	~~CS/~~HB 4041 2025
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217	217		Page 7 of 102
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		to fund the costs of assessable improvements, the district may 149
221	221		issue revenue bonds for such purposes payable from assessments. 150
222	222		(d) "Assessments" means those nonmillage district 151
223	223		assessments which include special assessments, benefit special 152
224	224		assessments, and maintenanc e special assessments and a 153
225	225		nonmillage, non-ad valorem maintenance tax if authorized by 154
226	226		general law. 155
227	227		(e) "Benefit special assessments" means district 156
228	228		assessments imposed, levied, and collected pursuant to section 157
229	229		6(12)(b). 158
230		-	(f) "Board of supervisors" or "board" means the governing 159
	230	+	(g) "Board of supervisors" or "board" means the governing 159
231	231		body of the district or, if such board has been abolished, the 160
232	232		board, body, or commission assuming the principal functions 161
233	233		thereof or to whom the powers given to the board by this act 162
234	234		have been given by law. 163
235		-	(g) "Bond" includes "certificate," and the provisions that 164
	235	+	(h) "Bond" includes "certificate," and the provisions that 164
236	236		are applicable to bonds are equally applicable to certificates. 165
237	237		The term also includes any general obligation bond, assessment 166
238	238		bond, refunding bond, revenue bond, bond anticipation note, and 167
239	239		other such obligation i n the nature of a bond as is provided for 168
240	240		in this act. 169
241		-	(h) "Cost" or "costs," when used in reference to any 170
	241	+	(i) "Cost" or "costs," when used in reference to any 170
242	242		project, includes, but is not limited to: 171
243	243		1. The expenses of determining the feasibility or 172
244	244		practicability of acquisition, construction, or reco nstruction. 173
245	245
246		-	~~CS/~~HB 4041 2025
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248		-
249		-
250		-	CODING: Words stricken are deletions; words underlined are additions.
251		-	hb4041-~~01-c1~~
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252	252		Page 8 of 102
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		2. The cost of surveys, estimates, plans, and 174
256	256		specifications. 175
257	257		3. The cost of improvements. 176
258	258		4. Engineering, architectural, fiscal, and legal expenses 177
259	259		and charges. 178
260	260		5. The cost of all labor, materials, machinery, and 179
261	261		equipment. 180
262	262		6. The cost of all lands, properties, rights, easements, 181
263	263		and franchises acquired. 182
264	264		7. Financing charges. 183
265	265		8. The creation of initial reserve and debt service funds. 184
266	266		9. Working capital. 185
267	267		10. Interest charges incurred or estimated to be incurred 186
268	268		on money borrowed prior to and during construction and 187
269	269		acquisition and for such reasonable period of time after 188
270	270		completion of construction or acquisition as the board may 189
271	271		determine. 190
272	272		11. The cost of issuance of bonds pursuant to this act, 191
273	273		including advertisements and pri nting. 192
274	274		12. The cost of any bond or tax referendum held pursuant 193
275	275		to this act and all other expenses of issuance of bonds. 194
276	276		13. The discount, if any, on the sale or exchange of 195
277	277		bonds. 196
278	278		14. Administrative expenses. 197
279	279
280		-	~~CS/~~HB 4041 2025
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282		-
283		-
284		-	CODING: Words stricken are deletions; words underlined are additions.
285		-	hb4041-~~01-c1~~
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286	286		Page 9 of 102
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		15. Such other expenses as may be necessary or incidental 198
290	290		to the acquisition, construction, or reconstruction of any 199
291	291		project, or to the financing thereof, or to the development of 200
292	292		any lands within the district. 201
293	293		16. Payments, contributions, dedications, and any other 202
294	294		exactions required as a condition of receiving any governmental 203
295	295		approval or permit necessary to accomplish any district purpose. 204
296	296		17. Any other expense or payment permitted by this act or 205
297	297		allowable by law. 206
298		-	(i) "District" means the Corkscrew Grove Stewardship 207
	298	+	(j) "District" means the Corkscrew Grove Stewardship 207
299	299		District. 208
300		-	(j) "District manager" means the manager of the district. 209
301		-	(k) "District roads" means highways, streets, roads, 210
	300	+	(k) "District manager" means the manager of the district. 209
	301	+	(l) "District roads" means highways, streets, roads, 210
302	302		alleys, intersection improvements, sidewalks, crossings, 211
303	303		landscaping, irrigation, signage, signalization, storm drains, 212
304	304		bridges, multiuse tra ils, lighting, and thoroughfares of all 213
305	305		kinds. 214
306		-	(l) "General obligation bonds" means bonds which are 215
	306	+	(m) "General obligation bonds" means bonds which are 215
307	307		secured by, or provide for their payment by, the pledge of the 216
308	308		full faith and credit and taxing power of the district. 217
309		-	(m) "General-purpose local govern ment" means a city, 218
	309	+	(n) "General-purpose local govern ment" means a city, 218
310	310		municipality, or consolidated city -county government. 219
311		-	(n) "Governing board member" means any member of the board 220
	311	+	(o) "Governing board member" means any member of the board 220
312	312		of supervisors. 221
313	313
314		-	~~CS/~~HB 4041 2025
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320	320		Page 10 of 102
321	321		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
322	322
323		-	(o) "Land development regulations" means those regulations 222
	323	+	(p) "Land development regulations" means those regulations 222
324	324		of the general-purpose local government, ado pted under the 223
325	325		Community Planning Act, codified as part II of chapter 163, 224
326	326		Florida Statutes, to which the district is subject and as to 225
327	327		which the district may not do anything that is inconsistent 226
328	328		therewith. The term "land development regulations" does not 227
329	329		include specific management, engineering, operations, or capital 228
330	330		improvement planning, needed in the daily management, 229
331	331		implementation, and supplying by the district of systems, 230
332	332		facilities, services, works, improvements, projects, or 231
333	333		infrastructure, so long as they remain subject to and are not 232
334	334		inconsistent with the applicable county codes. 233
335		-	(p) "Landowner" means the owner of a freehold estate as it 234
	335	+	(q) "Landowner" means the owner of a freehold estate as it 234
336	336		appears on the deed record, including a trustee, a private 235
337	337		corporation, and an owner of a condominium unit. T he term 236
338	338		"landowner" does not include a reversioner, remainderman, 237
339	339		mortgagee, or any governmental entity which shall not be counted 238
340	340		and need not be notified of proceedings under this act. The term 239
341	341		"landowner" also means the owner of a ground lease from a 240
342	342		governmental entity, which leasehold interest has a remaining 241
343	343		term, excluding all renewal options, in excess of 50 years. 242
344		-	(q) "Maintenance special assessments" are assessments 243
	344	+	(r) "Maintenance special assessments" are assessments 243
345	345		imposed, levied, and collected pursuant to section 6(12)(d). 244
346		-	(r) "Non-ad valorem assessment" means only those 245
	346	+	(s) "Non-ad valorem assessment" means only those 245
347	347		assessments which are not based upon millage and which can 246
348	348
349		-	~~CS/~~HB 4041 2025
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356	356		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
357	357
358	358		become a lien against a homestead as permitted in s. 4, Article 247
359	359		X of the State Constitution. 248
360		-	(s) "Powers" means powers used and exercised by the board 249
	360	+	(t) "Powers" means powers used and exercised by the board 249
361	361		of supervisors to accomplish the special and limited purposes of 250
362	362		the district, including: 251
363	363		1. "General powers," which means those organizational and 252
364	364		administrative powers of the district as provided in its charter 253
365	365		in order to carry out its special and limited purpose as a local 254
366	366		government public corporate body politic. 255
367	367		2. "Special powers," which means those powers enumerated 256
368	368		by the district charter to implement its specialized systems, 257
369	369		facilities, services, projects, improvements, and infrastructure 258
370	370		and related functions in order to carry out its special and 259
371	371		limited purposes. 260
372	372		3. Any other powers, authority, or functions set forth in 261
373	373		this act. 262
374		-	(t) "Project" means any development, improvement, 263
	374	+	(u) "Project" means any development, improvement, 263
375	375		property, power, utility, facility, enterprise, service, system, 264
376	376		works, or infrastructure now existing or hereafter undertaken or 265
377	377		established under this act. 266
378		-	(u) "Qualified elector" means any person at least 18 years 267
	378	+	(v) "Qualified elector" means any person at least 18 years 267
379	379		of age who is a citizen of the United States and a legal 268
380		-	resident of ~~this~~ state and of the district, who ~~regi sters~~ to 269
381		-	~~vote~~ with the Supervisor of Elections of Collier County, and who 270
	380	+	resident of the state and of the district, who regis ters to vote 269
	381	+	with the Supervisor of Elections of Collier County and who 270
382	382		resides in Collier County. 271
383	383
384		-	~~CS/~~HB 4041 2025
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387		-
388		-	CODING: Words stricken are deletions; words underlined are additions.
389		-	hb4041-~~01-c1~~
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391	391		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
392	392
393		-	(v) "Reclaimed water" means water, including from wells or 272
	393	+	(w) "Reclaimed water" means water, including from wells or 272
394	394		stormwater management facilities, that has received at least 273
395	395		secondary treatment and basic disin fection and is reused after 274
396	396		flowing out of a domestic wastewater treatment facility, or 275
397	397		otherwise as an approved use of surface water or groundwater by 276
398	398		the water management district. 277
399		-	(w) "Reclaimed water system" means any plant, well, 278
	399	+	(x) "Reclaimed water system" means any plant, well, 278
400	400		system, facility, or property, and any addition, extension, or 279
401	401		improvement thereto at any future time constructed or acquired 280
402	402		as part thereof, useful, necessary, or having the present 281
403	403		capacity for future use in connection with the development of 282
404	404		sources, treatment, purifica tion, or distribution of reclaimed 283
405	405		water. The term includes franchises of any nature relating to 284
406	406		any such system and necessary or convenient for the operation 285
407	407		thereof including for the district's own use or resale. 286
408		-	(x) "Refunding bonds" means bonds ~~is sued~~ to refinance 287
	408	+	(y) "Refunding bonds" means bonds issu ed to refinance 287
409	409		outstanding bonds of any type and the interest and redemption 288
410	410		premium thereon. Refunding bonds may be issuable and payable in 289
411	411		the same manner as refinanced bonds, except that no approval by 290
412	412		the electorate shall be required unless required b y the State 291
413	413		Constitution. 292
414		-	(y) "Revenue bonds" means obligations of the district that 293
	414	+	(z) "Revenue bonds" means obligations of the district that 293
415	415		are payable from revenues, including, but not limited to, 294
416	416		special assessments and benefit special assessments, derived 295
417	417		from sources other than ad valorem taxes on real o r tangible 296
418	418
419		-	~~CS/~~HB 4041 2025
420		-
421		-
422		-
423		-	CODING: Words stricken are deletions; words underlined are additions.
424		-	hb4041-~~01-c1~~
	419	+	HB 4041 2025
	420	+
	421	+
	422	+
	423	+	CODING: Words stricken are deletions; words underlined are additions.
	424	+	hb4041-00
425	425		Page 13 of 102
426	426		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
427	427
428	428		personal property and that do not pledge the property, credit, 297
429	429		or general tax revenue of the district. 298
430		-	(z) "Sewer system" means any plant, system, facility, or 299
	430	+	(aa) "Sewer system" means any plant, system, facility, or 299
431	431		property, and additions, extensions, and improvements thereto at 300
432	432		any future time constructed or acquired as part thereof, useful 301
433	433		or necessary or having the present capacity for future use in 302
434	434		connection with the collection, treatment, purification, or 303
435	435		disposal of sewage, including, but not limited to, industrial 304
436	436		wastes resulting from any process of industry, manufacture, 305
437	437		trade, or business or from the development of any natural 306
438	438		resource. The term also includes treatment plants, pumping 307
439	439		stations, lift stations, valves, force mains, intercepting 308
440	440		sewers, laterals, pressure lines, mains, and all necessary 309
441	441		appurtenances and equipment; all sewer mains, laterals, and 310
442	442		other devices for the reception and collection of sewage from 311
443	443		premises connected therewith; all real and personal property and 312
444	444		any interest therein; and rights, easements, and franch ises of 313
445	445		any nature relating to any such system and necessary or 314
446	446		convenient for operation thereof. 315
447		-	(aa) "Special assessments" means assessments as imposed, 316
	447	+	(bb) "Special assessments" means assessments as imposed, 316
448	448		levied, and collected by the district for the costs of 317
449	449		assessable improvements pursuant to this act ; chapter 170, 318
450	450		Florida Statutes; and the additional authority under s. 319
451	451		197.3631, Florida Statutes, or other provisions of general law, 320
452	452		now or hereinafter enacted, which provide or authorize a 321
453	453
454		-	~~CS/~~HB 4041 2025
455		-
456		-
457		-
458		-	CODING: Words stricken are deletions; words underlined are additions.
459		-	hb4041-~~01-c1~~
	454	+	HB 4041 2025
	455	+
	456	+
	457	+
	458	+	CODING: Words stricken are deletions; words underlined are additions.
	459	+	hb4041-00
460	460		Page 14 of 102
461	461		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
462	462
463	463		supplemental means to impose, levy, or collect special 322
464	464		assessments. 323
465		-	(bb) "Corkscrew Grove Stewardship District" means the unit 324
	465	+	(cc) "Corkscrew Grove Stewardship District" means the unit 324
466	466		of special and limited purpose local government and political 325
467	467		subdivision created and chartered by this act, and limited to 326
468	468		the performance of those general and special powers authorized 327
469	469		by its charter under this act, the boundaries of which are set 328
470	470		forth by the act, the governing board of which is created and 329
471	471		authorized to operate with legal existence by this act, and the 330
472	472		purpose of which is as set forth in this act. 331
473		-	(cc) "Tax" or "taxes" ~~means~~ those levies and impositions 332
	473	+	(dd) "Tax" or "taxes" m eans those levies and impositions 332
474	474		of the board of supervisors that support and pay for government 333
475	475		and the administration of law and that may be: 334
476	476		1. Ad valorem or property taxes based upon both the 335
477	477		appraised value of property and millage, at a rate unifor m 336
478	478		within the jurisdiction; or 337
479	479		2. If and when authorized by general law, non -ad valorem 338
480	480		maintenance taxes not based on millage that are used to maintain 339
481	481		district systems, facilities, and services. 340
482		-	(dd) "Water system" means any plant, system, facility, or 341
	482	+	(ee) "Water system" means any plant, system, facility, o r 341
483	483		property, and any addition, extension, or improvement thereto at 342
484	484		any future time constructed or acquired as a part thereof, 343
485	485		useful, necessary, or having the present capacity for future use 344
486	486		in connection with the development of sources, treatment, 345
487	487		purification, or distribution of water. The term also includes 346
488	488
489		-	~~CS/~~HB 4041 2025
490		-
491		-
492		-
493		-	CODING: Words stricken are deletions; words underlined are additions.
494		-	hb4041-~~01-c1~~
	489	+	HB 4041 2025
	490	+
	491	+
	492	+
	493	+	CODING: Words stricken are deletions; words underlined are additions.
	494	+	hb4041-00
495	495		Page 15 of 102
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		dams, reservoirs, storage tanks, mains, lines, valves, pumping 347
499	499		stations, laterals, and pipes for the purpose of carrying water 348
500	500		to the premises connected with such system, and all rights, 349
501	501		easements, and franchises of any nature relating to any such 350
502	502		system and necessary or convenient for the operation thereof. 351
503	503		(3) POLICY.—Based upon its findings, ascertainments, 352
504	504		determinations, intent, purpose, and definitions, the 353
505	505		Legislature states its policy express ly: 354
506	506		(a) The district and the district charter, with its 355
507	507		general and special powers, as created in this act, are 356
508	508		essential and the best alternative for the residential, 357
509	509		commercial, industrial, office, hotel, health care, and other 358
510	510		similar community uses, projects, or functions in the included 359
511	511		portion of Collier County consistent with the effective 360
512	512		comprehensive plan, and designed to serve a lawful public 361
513	513		purpose. 362
514	514		(b) The district, which is a local government and a 363
515	515		political subdivision, is limited to its special purpose as 364
516	516		expressed in this act, with the power to provide, plan, 365
517	517		implement, construct, maintain, and finance as a local 366
518	518		government management entity systems, facilities, services, 367
519	519		improvements, infrastructure, and projects, and possessing 368
520	520		financing powers to fund its management power over the long term 369
521	521		and with sustained levels of high quality. 370
522	522
523		-	~~CS/~~HB 4041 2025
524		-
525		-
526		-
527		-	CODING: Words stricken are deletions; words underlined are additions.
528		-	hb4041-~~01-c1~~
	523	+	HB 4041 2025
	524	+
	525	+
	526	+
	527	+	CODING: Words stricken are deletions; words underlined are additions.
	528	+	hb4041-00
529	529		Page 16 of 102
530	530		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
531	531
532	532		(c) The creation of the Corkscrew Grove Stewardship 371
533	533		District by and pursuant to this act, and its exercise of its 372
534	534		management and related financing power s to implement its 373
535	535		limited, single, and special purpose, is not a development order 374
536	536		and does not trigger or invoke any provision within the meaning 375
537	537		of chapter 380, Florida Statutes, and all applicable 376
538	538		governmental planning, environmental, and land developm ent laws, 377
539	539		regulations, rules, policies, and ordinances apply to all 378
540	540		development of the land within the jurisdiction of the district 379
541	541		as created by this act. 380
542	542		(d) The district shall operate and function subject to, 381
543	543		and not inconsistent with, the applicable comprehensive plan of 382
544	544		Collier County and any applicable development orders (e.g., 383
545	545		detailed site plan development orders), zoning regulations, and 384
546	546		other land development regulations. 385
547	547		(e) The special and single purpose Corkscrew Grove 386
548	548		Stewardship District shall not have the power of a general -387
549	549		purpose local government to adopt a comprehensive plan or 388
550	550		related land development regulation as those terms are defined 389
551	551		in the Community Planning Act. 390
552	552		(f) This act may be amended, in whole or in part, only by 391
553	553		special act of the Legislature. The board of supervisors of the 392
554	554		district shall not ask the Legislature to amend this act without 393
555	555		first obtaining a resolution or official statement from the 394
556	556		district and Collier County as may be required by s. 395
557	557
558		-	~~CS/~~HB 4041 2025
559		-
560		-
561		-
562		-	CODING: Words stricken are deletions; words underlined are additions.
563		-	hb4041-~~01-c1~~
	558	+	HB 4041 2025
	559	+
	560	+
	561	+
	562	+	CODING: Words stricken are deletions; words underlined are additions.
	563	+	hb4041-00
564	564		Page 17 of 102
565	565		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
566	566
567	567		189.031(2)(e)4., Flo rida Statutes, for creation of an 396
568	568		independent special district, and if such an amendment is 397
569	569		related to the district's ability to provide services under 398
570		-	section 6(7)(b), a resolution or official statement from the 399
	570	+	Section (7)(b), a resolution or official statement from the 399
571	571		Immokalee Water and Sewer District in the fo rm and substance 400
572		-	described in s. 189.031(2)(e)4., Florida Statutes, provided 401
	572	+	described in s. 189.031(2)(2)4., Florida Statutes, provided 401
573	573		amendments to the District's boundaries as described in Section 402
574	574		4 shall not require a statement from the Immokalee Water and 403
575	575		Sewer District. 404
576	576		Section 3. Minimum charter require ments; creation and 405
577	577		establishment; jurisdiction; construction; charter. — 406
578	578		(1) Pursuant to s. 189.031(3), Florida Statutes, the 407
579	579		Legislature sets forth that the minimum requirements in 408
580	580		paragraphs (a) through (n) have been met in the identified 409
581	581		provisions of this act as follows: 410
582	582		(a) The purpose of the district is stated in the act in 411
583	583		section 2 and subsection (4) of this section. 412
584	584		(b) The powers, functions, and duties of the district 413
585	585		regarding ad valorem taxation, bond issuance, other revenue - 414
586	586		raising capabilities, budget preparation and approval, liens and 415
587	587		foreclosure of liens, use of tax deeds and tax certificates as 416
588	588		appropriate for non-ad valorem assessments, and contractual 417
589	589		agreements are set forth in section 6. 418
590	590		(c) The provisions for methods for establishing the 419
591	591		district are set forth in this section. 420
592	592
593		-	~~CS/~~HB 4041 2025
594		-
595		-
596		-
597		-	CODING: Words stricken are deletions; words underlined are additions.
598		-	hb4041-~~01-c1~~
	593	+	HB 4041 2025
	594	+
	595	+
	596	+
	597	+	CODING: Words stricken are deletions; words underlined are additions.
	598	+	hb4041-00
599	599		Page 18 of 102
600	600		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
601	601
602	602		(d) The methods for amending the charter of the district 421
603	603		are set forth in section 2. 422
604	604		(e) The provisions for the membership and organization of 423
605	605		the governing body and the establishment of a quorum are set 424
606	606		forth in section 5. 425
607	607		(f) The provisions regarding the administrative duties of 426
608	608		the governing body are set forth in sections 5 and 6. 427
609	609		(g) The provisions applicable to financial disclosure, 428
610	610		noticing, and reporting requirements generally are set f orth in 429
611	611		sections 5 and 6. 430
612	612		(h) The provisions regarding procedures and requirements 431
613	613		for issuing bonds are set forth in section 6. 432
614	614		(i) The provisions regarding elections or referenda and 433
615	615		the qualifications of an elector of the district are set forth 434
616	616		in sections 2 and 5. 435
617	617		(j) The provisions regarding methods for financing the 436
618	618		district generally are set forth in section 6. 437
619	619		(k) Other than taxes levied for the payment of bonds and 438
620	620		taxes levied for periods not longer than 2 years when authorized 439
621	621		by vote of the electors of the district, the provisions for the 440
622	622		authority to levy ad valorem tax and the authorized millage rate 441
623	623		are set forth in section 6. 442
624	624		(l) The provisions for the method or methods of collecting 443
625	625		non-ad valorem assessments, fees, or service char ges are set 444
626	626		forth in section 6. 445
627	627
628		-	~~CS/~~HB 4041 2025
629		-
630		-
631		-
632		-	CODING: Words stricken are deletions; words underlined are additions.
633		-	hb4041-~~01-c1~~
	628	+	HB 4041 2025
	629	+
	630	+
	631	+
	632	+	CODING: Words stricken are deletions; words underlined are additions.
	633	+	hb4041-00
634	634		Page 19 of 102
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		-	(m) The provisions for planning requirements are ~~set forth~~ 446
638		-	~~in this~~ section and section 6. 447
	637	+	(m) The provisions for planning requirements are in this 446
	638	+	section and section 6. 447
639	639		(n) The provisions for geographic boundary limitations of 448
640	640		the district are set forth in sections 4 and 6. 449
641	641		(2) The Corkscrew Grove Stewards hip District is created 450
642	642		and incorporated as a public body corporate and politic, an 451
643	643		independent special and limited purpose local government, an 452
644	644		independent special district, under s. 189.031, Florida 453
645	645		Statutes, as amended from time to time, and as defined in this 454
646	646		act and in s. 189.012(3), Florida Statutes, as amended from time 455
647	647		to time, in and for portions of Collier County. Any amendments 456
648		-	to chapter 190, Florida Statutes, after January 1, 2025, 457
649		-	granting additional general powers, special powers, a uthorities, 458
650		-	or projects to a community development district by amendment to 459
651		-	its uniform charter, ss. 190.006 -190.041, Florida Statutes, 460
652		-	which are not inconsistent with this act, shall constitute a 461
653		-	general power, special power, authority, or function of the 462
654		-	Corkscrew Grove Stewardship District. All notices for the 463
655		-	enactment by the Legislature of this special act have been 464
656		-	provided pursuant to the State Constitution, the Laws of 465
657		-	Florida, and the Rules of the Florida House of Representatives 466
658		-	and of the Florida Senate. No referendum subsequent to the 467
659		-	effective date of this act is required as a condition of 468
660		-	establishing the district. Therefore, the district, as created 469
661		-
662		-	CS/HB 4041 2025
663		-
664		-
665		-
666		-	CODING: Words stricken are deletions; words underlined are additions.
667		-	hb4041-01-c1
	648	+	to chapter 190, Florida Statutes, after January 1, 2025 granting 457
	649	+	additional general powers, special powers, authorities, or 458
	650	+	projects to a community development district by amendment to its 459
	651	+	uniform charter, ss. 190.006 -190.041, Florida Statutes, which 460
	652	+	are not inconsistent with this act, shall constitute a general 461
	653	+	power, special power, authority, or function of the Corkscrew 462
	654	+	Grove Stewardship District. All notices for the enactment by the 463
	655	+	Legislature of this special act have been provided pursuant to 464
	656	+	the State Constitution, the Laws of Florida, and the Rules of 465
	657	+	the Florida House of Representatives and of the Florida Senate. 466
	658	+	No referendum subsequent to the effective date of this act is 467
	659	+	required as a condition of establishing the district. Therefore, 468
	660	+	the district, as created by this act, is established on the 469
	661	+	property described in this act. 470
	662	+
	663	+	HB 4041 2025
	664	+
	665	+
	666	+
	667	+	CODING: Words stricken are deletions; words underlined are additions.
	668	+	hb4041-00
668	669		Page 20 of 102
669	670		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	671
671		-	~~by this act, is established on~~ the ~~property described in this 470~~
672		-	~~act. 471~~
673		-	~~(3) The territorial bounda ry of the district shall embrace 472~~
674		-	~~and include all~~ of ~~that certain real property described~~ in ~~473~~
675		-	~~section 4.~~ ~~474~~
676		-	~~(4) The jurisdiction of the district,~~ in the ~~exercise of 475~~
677		-	~~its general~~ and ~~special powers, and in the carrying out of its 476~~
678		-	~~special~~ and ~~limited purposes,~~ ~~i s both within the external 477~~
679		-	~~boundaries~~ of the ~~legal description of~~ this ~~district and 478~~
680		-	~~extraterritorially when~~ limited ~~to, and as authorized expressly 479~~
681		-	~~elsewhere in,~~ ~~the charter of the district~~ as ~~created in this act 480~~
682		-	~~or applicable general law. This special~~ and limited ~~purpose 481~~
683		-	~~district is created as a public body corporate and politic~~, and ~~482~~
684		-	~~local government authority and power is limited by its charter~~, ~~483~~
685		-	this act, and ~~subject~~ to ~~other general laws, including chapter 484~~
686		-	~~189~~, ~~Florida Statutes~~, ~~except that an inconsiste nt provision in 485~~
687		-	~~this act~~ shall ~~control and the district has jurisdiction to 486~~
688		-	~~perform such acts~~ and ~~exercise such authorities, functions, and 487~~
689		-	~~powers as shall be necessary~~, ~~convenient~~, ~~incidental~~, ~~proper, or 488~~
690		-	~~reasonable for the implementation~~ of ~~its special an d limited 489~~
691		-	~~purpose regarding the sound planning~~, ~~provision~~, ~~acquisition~~, ~~490~~
692		-	~~development, operation, maintenance~~, and ~~related financing of 491~~
693		-	those ~~public systems,~~ ~~facilities, services,~~ ~~improvements, 492~~
694		-	~~projects, and infrastructure works as authorized herein,~~ ~~493~~
695		-	~~including those necessary and incidental thereto.~~ ~~The district 494~~
696		-
697		-	~~CS/~~HB 4041 2025
698		-
699		-
700		-
701		-	CODING: Words stricken are deletions; words underlined are additions.
702		-	hb4041-~~01-c1~~
	672	+	(3) The territorial boundary of the d istrict shall embrace 471
	673	+	and include all of that certain real property described in 472
	674	+	section 4. 473
	675	+	(4) The jurisdiction of the district, in the exercise of 474
	676	+	its general and special powers, and in the carrying out of its 475
	677	+	special and limited purposes, is both with in the external 476
	678	+	boundaries of the legal description of this district and 477
	679	+	extraterritorially when limited to, and as authorized expressly 478
	680	+	elsewhere in, the charter of the district as created in this act 479
	681	+	or applicable general law. This special and limited pu rpose 480
	682	+	district is created as a public body corporate and politic, and 481
	683	+	local government authority and power is limited by its charter, 482
	684	+	this act, and subject to other general laws, including chapter 483
	685	+	189, Florida Statutes, except that an inconsistent provisio n in 484
	686	+	this act shall control and the district has jurisdiction to 485
	687	+	perform such acts and exercise such authorities, functions, and 486
	688	+	powers as shall be necessary, convenient, incidental, proper, or 487
	689	+	reasonable for the implementation of its special and limited 488
	690	+	purpose regarding the sound planning, provision, acquisition, 489
	691	+	development, operation, maintenance, and related financing of 490
	692	+	those public systems, facilities, services, improvements, 491
	693	+	projects, and infrastructure works as authorized herein, 492
	694	+	including those necessary and incidental thereto. The district 493
	695	+	shall only exercise any of its powers extraterritorially within 494
	696	+	Collier County after execution of an interlocal agreement 495
	697	+
	698	+	HB 4041 2025
	699	+
	700	+
	701	+
	702	+	CODING: Words stricken are deletions; words underlined are additions.
	703	+	hb4041-00
703	704		Page 21 of 102
704	705		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	706
706		-	~~shall only exercise any of its powers extraterritorially within 495~~
707		-	Collier County ~~after execution of an interlocal agreement 496~~
708		-	~~between the district and Collier County consenting to the 497~~
709		-	~~district's exercise of any of such powers within~~ Collier County ~~498~~
710		-	~~or an applicable development order or as part~~ of ~~other land 499~~
711		-	~~development regulations issued by Collier County.~~ ~~500~~
712		-	(5) ~~The exclusive charter of the Corkscrew Grove 501~~
713		-	~~Stewardship District is this act and, except as ot herwise 502~~
714		-	~~provided in subsection (2), may be amended only by special act 503~~
715		-	of ~~the Legislature. 504~~
716		-	~~Section 4.~~ ~~Legal description~~ of ~~the Corkscrew Grove 505~~
717		-	~~Stewardship District.~~ ~~—The metes and bounds legal description of 506~~
718		-	the district, ~~within which there are no parce ls of property 507~~
719		-	~~owned by those who do not wish their property to be included 508~~
720		-	~~within the district~~, ~~is as follows:~~ ~~509~~
721		-	~~510~~
722		-	~~A PARCEL OF LAND LOCATED IN SECTIONS 03, 04, 05, 06, 511~~
723		-	~~07, 08,~~ ~~09, 10, 15 AND 18, TOWNSHIP 46 SOUTH, RANGE 28 512~~
724		-	~~EAST, COLLIER COUNTY,~~ ~~FLORIDA, BEING MORE PARTICULARLY 513~~
725		-	~~DESCRIBED AS FOLLOWS:~~ ~~514~~
726		-	~~AREA 1:~~ ~~515~~
727		-	~~BEGINNING AT~~ THE NORTHWEST CORNER OF ~~THE NORTHWEST 516~~
728		-	QUARTER OF SAID SECTION 04; ~~THENCE~~ RUN ~~S.89°34'35"E., 517~~
729		-	ALONG THE NORTH LINE OF SAID ~~NORTHWEST QUARTER,~~ ~~FOR A 518~~
730		-	DISTANCE OF 2,~~601~~.08 FEET TO THE ~~NORTHWEST CORNER OF 519~~
731		-
732		-	~~CS/~~HB 4041 2025
733		-
734		-
735		-
736		-	CODING: Words stricken are deletions; words underlined are additions.
737		-	hb4041-~~01-c1~~
	707	+	between the district and Collier County consenting to the 496
	708	+	district's exercise of any of s uch powers within Collier County 497
	709	+	or an applicable development order or as part of other land 498
	710	+	development regulations issued by Collier County. 499
	711	+	(5) The exclusive charter of the Corkscrew Grove 500
	712	+	Stewardship District is this act and, except as otherwise 501
	713	+	provided in subsection (2), may be amended only by special act 502
	714	+	of the Legislature. 503
	715	+	Section 4. Legal description of the Corkscrew Grove 504
	716	+	Stewardship District. —The metes and bounds legal description of 505
	717	+	the district, within which there are no parcels of prope rty 506
	718	+	owned by those who do not wish their property to be included 507
	719	+	within the district, is as follows: 508
	720	+	A PARCEL OF LAND LOCATED IN SECTIONS 03, 04, 05, 06, 509
	721	+	07, 08, 09, 10, 15 AND 18, TOWNSHIP 46 SOUTH, RANGE 28 510
	722	+	EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTI CULARLY 511
	723	+	DESCRIBED AS FOLLOWS: 512
	724	+	AREA 1: 513
	725	+	BEGINNING AT THE NORTHWEST CORNER OF THE NORTHWEST 514
	726	+	QUARTER OF SAID SECTION 04; THENCE RUN S.89°34'35"E., 515
	727	+	ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, FOR A 516
	728	+	DISTANCE OF 2,601.08 FEET TO THE NORTHWEST CORNER OF 517
	729	+	THE NORTHEAST QUARTER OF SAID SECTION 04; TH ENCE RUN 518
	730	+	N.89°49'18"E., ALONG THE NORTH LINE OF SAID NORTHEAST 519
	731	+	QUARTER, FOR A DISTANCE OF 2,703.78 FEET TO THE 520
	732	+
	733	+	HB 4041 2025
	734	+
	735	+
	736	+
	737	+	CODING: Words stricken are deletions; words underlined are additions.
	738	+	hb4041-00
738	739		Page 22 of 102
739	740		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	741
741		-	THE ~~NORTHEAST~~ QUARTER OF SAID ~~SECTION 04; THENCE RUN 520~~
742		-	N.89°49'18"E., ALONG THE NORTH ~~LINE OF SAID NORTHEAST 521~~
743		-	QUARTER, FOR A ~~DISTANCE~~ OF ~~2,703.78 FEET TO THE 522~~
744		-	NORTHWEST CORNER OF THE ~~NORTHWEST QUARTER OF SAID 523~~
745		-	SECTION 03; THENCE RUN S.89°29'58"E., ~~ALO NG THE NORTH 524~~
746		-	LINE OF SAID ~~NORTHWEST~~ QUARTER, FOR A ~~DISTANCE OF 525~~
747		-	2,641.45 FEET TO THE ~~NORTHWEST~~ CORNER OF ~~THE NORTHEAST 526~~
748		-	~~QUARTER OF~~ SAID ~~SECTION 03~~; THENCE RUN S.89°29'58"E., ~~527~~
749		-	ALONG THE ~~NORTH~~ LINE OF SAID NORTHEAST QUARTER, FOR A ~~528~~
750		-	DISTANCE OF 2,~~641~~.44 FEET TO ~~T HE~~ NORTHEAST CORNER OF ~~529~~
751		-	SAID ~~NORTHEAST QUARTER~~; THENCE RUN ~~S.00°35'20"E., 530~~
752		-	ALONG THE EAST LINE OF SAID ~~NORTHEAST QUARTER,~~ ~~FOR A 531~~
753		-	DISTANCE ~~OF 2~~,~~629~~.09 FEET TO THE ~~NORTHEAST CORNER OF 532~~
754		-	~~THE SOUTHEAST QUARTER~~ OF ~~SAID SECTION 03;~~ ~~THENCE RUN 533~~
755		-	~~S.00°35'45"E., ALONG THE EAST LINE~~ OF SAID ~~SOUTHEAST 534~~
756		-	~~QUARTER~~, ~~FOR A DISTANCE OF 1,532.89 FEET TO THE 535~~
757		-	NORTHERLY RIGHT OF WAY LINE OF ~~STATE ROAD 82 (A 200 536~~
758		-	~~FOOT~~ RIGHT OF ~~WAY), SAID POINT HEREINAFTER REFERRED TO 537~~
759		-	AS POINT "A"; THENCE ~~RUN N.73°57'58"W., ALONG SAID 538~~
760		-	NORTHERLY RIGHT OF ~~WA Y LINE, FOR A DISTANCE OF 539~~
761		-	4,~~219~~.38 FEET TO A POINT ~~ON SAID NORTHERLY RIGHT OF 540~~
762		-	WAY LINE HEREINAFTER ~~REFERRED TO AS POINT "B"; THENCE 541~~
763		-	CONTINUE ~~N.73°57'58"W., ALONG SAID NORTHERLY RIGHT OF 542~~
764		-	WAY LINE, ~~FOR A DISTANCE OF 5,305.11 FEET TO A POINT 543~~
765		-	ON SAID ~~NORTHERLY RIGHT OF WAY LINE HEREINAFTER 544~~
766		-
767		-	~~CS/~~HB 4041 2025
768		-
769		-
770		-
771		-	CODING: Words stricken are deletions; words underlined are additions.
772		-	hb4041-~~01-c1~~
	742	+	NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID 521
	743	+	SECTION 03; THENCE RUN S.89°29'58"E., ALONG THE NORTH 522
	744	+	LINE OF SAID NORTHWEST QUARTER, FOR A DIS TANCE OF 523
	745	+	2,641.45 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 524
	746	+	QUARTER OF SAID SECTION 03; THENCE RUN S.89°29'58"E., 525
	747	+	ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, FOR A 526
	748	+	DISTANCE OF 2,641.44 FEET TO THE NORTHEAST CORNER OF 527
	749	+	SAID NORTHEAST QUARTER; THENCE RUN S.00°35'20"E., 528
	750	+	ALONG THE EAST LINE OF SAID NORTHEAST QUARTER, FOR A 529
	751	+	DISTANCE OF 2,629.09 FEET TO THE NORTHEAST CORNER OF 530
	752	+	THE SOUTHEAST QUARTER OF SAID SECTION 03; THENCE RUN 531
	753	+	S.00°35'45"E., ALONG THE EAST LINE OF SAID SOUTHEAST 532
	754	+	QUARTER, FOR A DISTANCE O F 1,532.89 FEET TO THE 533
	755	+	NORTHERLY RIGHT OF WAY LINE OF STATE ROAD 82 (A 200 534
	756	+	FOOT RIGHT OF WAY), SAID POINT HEREINAFTER REFERRED TO 535
	757	+	AS POINT "A"; THENCE RUN N.73°57'58"W., ALONG SAID 536
	758	+	NORTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 537
	759	+	4,219.38 FEET TO A POINT ON SAID NORTHERLY RIGHT OF 538
	760	+	WAY LINE HEREINAFTER REFERRED TO AS POINT "B"; THENCE 539
	761	+	CONTINUE N.73°57'58"W., ALONG SAID NORTHERLY RIGHT OF 540
	762	+	WAY LINE, FOR A DISTANCE OF 5,305.11 FEET TO A POINT 541
	763	+	ON SAID NORTHERLY RIGHT OF WAY LINE HEREINAFTER 542
	764	+	REFERRED TO AS POINT "C "; THENCE CONTINUE 543
	765	+	N.73°57'58"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, 544
	766	+	FOR A DISTANCE OF 1,511.79 TO THE WEST LINE OF SAID 545
	767	+
	768	+	HB 4041 2025
	769	+
	770	+
	771	+
	772	+	CODING: Words stricken are deletions; words underlined are additions.
	773	+	hb4041-00
773	774		Page 23 of 102
774	775		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	776
776		-	~~REFERRED TO AS POINT "C"~~; THENCE ~~CONTINUE 545~~
777		-	N.73°57'58"W., ALONG SAID ~~NORTHERLY RIGHT OF WAY~~ LINE, ~~546~~
778		-	~~FOR A DISTANCE OF~~ 1,~~511~~.79 TO THE ~~WEST LINE~~ OF ~~SAID 547~~
779		-	~~NORTHWEST QUARTER OF SAID SECTION 04; THENCE RUN 548~~
780		-	~~N.01°10'09~~"~~W., ALONG SAID W EST LINE, FOR A DISTANCE OF 549~~
781		-	1,~~123~~.48 FEET; TO THE ~~POINT OF BEGINNING. 550~~
782		-	~~LESS AND EXCEPT:~~ ~~551~~
783		-	~~COMMENCE AT THE AFOREMENTIONED POINT "B"~~; THENCE ~~RUN 552~~
784		-	~~N.16°02'02"E., FOR A~~ DISTANCE OF 62.00 FEET TO THE ~~553~~
785		-	~~POINT OF BEGINNING OF~~ THE ~~PARCEL OF LAND HEREIN 554~~
786		-	~~DESCRIBED; THENCE CONTINUE~~, ~~N.16°02'02"E., FOR~~ A ~~555~~
787		-	~~DISTANCE~~ OF 39.22 FEET ~~TO THE BEGINNING~~ OF ~~A 556~~
788		-	~~TANGENTIAL CURVE TO THE LEFT~~, ~~THENCE RUN NORTHERLY,~~ ~~557~~
789		-	~~ALONG THE ARC~~ OF ~~SAID CURVE TO THE LEFT~~, ~~HAVING~~ A ~~558~~
790		-	~~RADIUS~~ OF ~~647.96 FEET~~, ~~THROUGH A CENTRAL ANGLE OF 559~~
791		-	16°37'00", ~~SUBTENDED BY~~ A ~~C HORD~~ DISTANCE OF ~~187~~.~~26 560~~
792		-	~~FEET, AT A BEARING OF N~~.07°43'32"E., FOR A DISTANCE OF ~~561~~
793		-	~~187~~.~~92 FEET TO THE END~~ OF ~~SAID CURVE~~; ~~THENCE RUN, 562~~
794		-	N.00°34'58"W., A DISTANCE OF ~~191~~.~~27 FEET;~~ ~~THENCE RUN 563~~
795		-	S.89°25'02"W., FOR A DISTANCE OF ~~70.55 FEET; THENCE 564~~
796		-	RUN N.00°34'58"W., FOR A DISTANCE ~~OF 40.00 FEET; 565~~
797		-	THENCE RUN N.89°25'02"E., FOR A ~~DISTANCE OF 70.55 566~~
798		-	FEET; THENCE RUN N.00°34'58"W., FOR ~~A DISTANCE OF 567~~
799		-	~~199~~.86 FEET; THENCE RUN N.89°20'29"E., ~~FOR A DISTANCE 568~~
800		-	OF ~~239~~.66 FEET; THENCE RUN ~~S.38°31'20"E., FOR A 569~~
801		-
802		-	~~CS/~~HB 4041 2025
803		-
804		-
805		-
806		-	CODING: Words stricken are deletions; words underlined are additions.
807		-	hb4041-~~01-c1~~
	777	+	NORTHWEST QUARTER OF SAID SECTION 04; THENCE RUN 546
	778	+	N.01°10'09"W., ALONG SAID WEST LINE, FOR A DISTANCE OF 547
	779	+	1,123.48 FEET; TO THE POIN T OF BEGINNING. 548
	780	+	LESS AND EXCEPT: 549
	781	+	COMMENCE AT THE AFOREMENTIONED POINT "B"; THENCE RUN 550
	782	+	N.16°02'02"E., FOR A DISTANCE OF 62.00 FEET TO THE 551
	783	+	POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN 552
	784	+	DESCRIBED; THENCE CONTINUE, N.16°02'02"E., FOR A 553
	785	+	DISTANCE OF 39.22 FEET TO THE BEGINNING OF A 554
	786	+	TANGENTIAL CURVE TO THE LEFT, THENCE RUN NORTHERLY, 555
	787	+	ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A 556
	788	+	RADIUS OF 647.96 FEET, THROUGH A CENTRAL ANGLE OF 557
	789	+	16°37'00", SUBTENDED BY A CHORD DISTANCE OF 187.26 558
	790	+	FEET, AT A BEARING OF N.07°43' 32"E., FOR A DISTANCE OF 559
	791	+	187.92 FEET TO THE END OF SAID CURVE; THENCE RUN, 560
	792	+	N.00°34'58"W., A DISTANCE OF 191.27 FEET; THENCE RUN 561
	793	+	S.89°25'02"W., FOR A DISTANCE OF 70.55 FEET; THENCE 562
	794	+	RUN N.00°34'58"W., FOR A DISTANCE OF 40.00 FEET; 563
	795	+	THENCE RUN N.89°25'02"E., F OR A DISTANCE OF 70.55 564
	796	+	FEET; THENCE RUN N.00°34'58"W., FOR A DISTANCE OF 565
	797	+	199.86 FEET; THENCE RUN N.89°20'29"E., FOR A DISTANCE 566
	798	+	OF 239.66 FEET; THENCE RUN S.38°31'20"E., FOR A 567
	799	+	DISTANCE OF 143.21 FEET; THENCE RUN S.51°28'40"W., FOR 568
	800	+	A DISTANCE OF 52.80 FEET; THENCE RUN S.00°39'31"E., 569
	801	+	FOR A DISTANCE OF 605.94 FEET; THENCE RUN 570
	802	+
	803	+	HB 4041 2025
	804	+
	805	+
	806	+
	807	+	CODING: Words stricken are deletions; words underlined are additions.
	808	+	hb4041-00
808	809		Page 24 of 102
809	810		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	811
811		-	~~DISTANCE OF 143~~.~~21 FEET; TH ENCE RUN S.51~~°28'40"W., FOR ~~570~~
812		-	~~A DISTANCE~~ OF 52.~~80 FEET;~~ ~~THENCE RUN S.00°39'31"E., 571~~
813		-	~~FOR A DISTANCE OF 605.94 FEET; THENCE RUN 572~~
814		-	~~N.73°58'04"W., FOR A DISTANCE OF 339.31 FEET TO~~ THE ~~573~~
815		-	~~POINT~~ OF ~~BEGINNING~~. ~~574~~
816		-	~~ALSO LESS AND EXCEPT:~~ ~~575~~
817		-	~~COMMENCE AT THE AFOREMENTIONED POINT "C ",~~ THENCE ~~RUN 576~~
818		-	N.16°02'02"E., FOR ~~A DISTANCE OF 73.00 FEET TO THE 577~~
819		-	~~POINT~~ OF ~~BEGINNING OF THE PARCEL OF LAND HEREIN 578~~
820		-	~~DESCRIBED~~; THENCE ~~CONTINUE N.16°02'02"E., FOR A 579~~
821		-	DISTANCE OF 60.91 FEET; THENCE ~~RUN N.01°02'21"W., FOR 580~~
822		-	A DISTANCE OF ~~132~~.64 FEET~~; THENCE RUN N.8 8°57'41"E., 581~~
823		-	~~FOR A DISTANCE~~ OF ~~234~~.~~50 FEET;~~ ~~THENCE RUN 582~~
824		-	~~S.01°02'17"E., FOR A DISTANCE OF 268.38 FEET; THENCE 583~~
825		-	~~RUN N.73°57'54"W., FOR A DISTANCE~~ OF ~~264.01 FEET TO 584~~
826		-	~~THE POINT~~ OF ~~BEGINNING~~. ~~585~~
827		-	~~AND AREA 2:~~ ~~586~~
828		-	~~COMMENCE AT SAID NORTHWEST CORNER~~ OF THE ~~NORTHWEST 587~~
829		-	QUARTER OF SAID ~~SECTION 04; THENCE RUN S.89°58'53"W., 588~~
830		-	ALONG THE NORTH ~~LINE OF THE NORTHEAST QUARTER OF SAID 589~~
831		-	SECTION 05, FOR ~~A DISTANCE OF 2,655.24 FEET TO THE 590~~
832		-	~~NORTHEAST CORNER~~ OF THE ~~NORTHWEST QUARTER OF SAID 591~~
833		-	~~SECTION 05;~~ ~~THENCE RUN S.89°59'22"W., ALONG THE NORTH 592~~
834		-	~~LINE~~ OF THE ~~NORTHWEST QUARTER~~ OF ~~SAID SECTION 05,~~ ~~FOR 593~~
835		-	~~A DISTANCE~~ OF ~~1,950.13 FEET TO A POINT ON THE 594~~
836		-
837		-	~~CS/~~HB 4041 2025
838		-
839		-
840		-
841		-	CODING: Words stricken are deletions; words underlined are additions.
842		-	hb4041-~~01-c1~~
	812	+	N.73°58'04"W., FOR A DISTANCE OF 339.31 FEET TO THE 571
	813	+	POINT OF BEGINNING. 572
	814	+	ALSO LESS AND EXCEPT: 573
	815	+	COMMENCE AT THE AFOREMENTIONED POINT "C", THENCE RUN 574
	816	+	N.16°02'02"E., FOR A DISTANCE OF 73.00 F EET TO THE 575
	817	+	POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN 576
	818	+	DESCRIBED; THENCE CONTINUE N.16°02'02"E., FOR A 577
	819	+	DISTANCE OF 60.91 FEET; THENCE RUN N.01°02'21"W., FOR 578
	820	+	A DISTANCE OF 132.64 FEET; THENCE RUN N.88°57'41"E., 579
	821	+	FOR A DISTANCE OF 234.50 FEET; THENCE RUN 580
	822	+	S.01°02'17"E., FOR A DISTANCE OF 268.38 FEET; THENCE 581
	823	+	RUN N.73°57'54"W., FOR A DISTANCE OF 264.01 FEET TO 582
	824	+	THE POINT OF BEGINNING. 583
	825	+	AND AREA 2: 584
	826	+	COMMENCE AT SAID NORTHWEST CORNER OF THE NORTHWEST 585
	827	+	QUARTER OF SAID SECTION 04; THENCE RUN S.89°58'53"W., 586
	828	+	ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID 587
	829	+	SECTION 05, FOR A DISTANCE OF 2,655.24 FEET TO THE 588
	830	+	NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID 589
	831	+	SECTION 05; THENCE RUN S.89°59'22"W., ALONG THE NORTH 590
	832	+	LINE OF THE NORTHWEST QUARTER OF SAID SECTION 05, FOR 591
	833	+	A DISTANCE OF 1,950.13 FEET TO A POINT ON THE 592
	834	+	SOUTHERLY RIGHT OF WAY LINE OF SAID STATE ROAD 82 (A 593
	835	+	200 FOOT RIGHT OF WAY), AND THE POINT OF BEGINNING OF 594
	836	+	THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN 595
	837	+
	838	+	HB 4041 2025
	839	+
	840	+
	841	+
	842	+	CODING: Words stricken are deletions; words underlined are additions.
	843	+	hb4041-00
843	844		Page 25 of 102
844	845		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
845	846
846		-	SOUTHERLY RIGHT OF WAY LINE ~~OF SAID STATE ROAD 82 (A 595~~
847		-	~~200 FOOT RIGHT~~ OF ~~WAY)~~, ~~AND THE POINT OF BEGINNING OF 596~~
848		-	~~THE PARCEL~~ OF ~~LAND HEREIN DESCRIBED; THENCE~~ RUN ~~597~~
849		-	S.73°57'58"E., ~~ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 598~~
850		-	~~FOR~~ A DISTANCE OF ~~5,567~~.97 FEET; THENCE ~~LEAVING SAID 599~~
851		-	~~SOUTHERLY RIGHT OF WAY LINE, RUN S.36°17'02"W.,~~ FOR A ~~600~~
852		-	~~DISTANCE OF 85~~.~~80 FEET; THENCE RUN N.73~~°57'58"W., FOR ~~601~~
853		-	A DISTANCE OF ~~327~~.44 FEET; ~~THENCE RUN N.78°0 5'08"W., 602~~
854		-	FOR A DISTANCE OF 96.~~93 FEET;~~ ~~THENCE RUN 603~~
855		-	S.00°02'23"W., FOR A DISTANCE OF ~~322.02 FEET; THENCE 604~~
856		-	RUN S.73°57'58"E., FOR A DISTANCE ~~OF 218.62 FEET; 605~~
857		-	~~THENCE RUN S.36°17'02"W., FOR A DISTANCE~~ OF ~~265.76 606~~
858		-	~~FEET;~~ THENCE RUN S.53°42'58"E., ~~FOR A DISTANCE OF 607~~
859		-	~~60.00 FEET;~~ ~~THENCE RUN N.36°17'02"E.~~, FOR A DISTANCE ~~608~~
860		-	~~OF 711~~.~~07 FEET TO SAID SOUTHERLY RIGHT~~ OF ~~WAY LINE~~; ~~609~~
861		-	THENCE RUN S.73°57'57"E., ~~ALONG SAID SOUTHERLY RIGHT 610~~
862		-	OF WAY LINE~~, FOR A DISTANCE~~ OF ~~3,151.52 FEET;~~ ~~THENCE 611~~
863		-	~~RUN S.16°02'02"W., FOR~~ A ~~DISTANCE~~ OF ~~25.00 FEET~~ ; ~~612~~
864		-	~~THENCE RUN~~ S.73°57'58"E., ~~FOR A DISTANCE~~ OF ~~464.76 613~~
865		-	FEET TO THE ~~NORTHERLY RIGHT~~ OF ~~WAY LINE OF CORKSCREW 614~~
866		-	~~ROAD (A~~ ~~100 FOOT~~ RIGHT ~~OF WAY);~~ THENCE RUN ~~615~~
867		-	~~S.20°51'56"W.~~, ALONG SAID NORTHERLY RIGHT OF WAY LINE~~, 616~~
868		-	~~FOR A DISTANCE~~ OF ~~1,727.40 FEET~~ TO THE ~~BEGINNING OF~~ A ~~617~~
869		-	~~TANGENTIAL CURVE TO THE RIGHT~~, ~~THENCE RUN 618~~
870		-	~~SOUTHWESTERLY~~, ~~ALONG SAID NORTHERLY RIGHT~~ OF ~~WAY LINE 619~~
871		-
872		-	~~CS/~~HB 4041 2025
873		-
874		-
875		-
876		-	CODING: Words stricken are deletions; words underlined are additions.
877		-	hb4041-~~01-c1~~
	847	+	S.73°57'58"E., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 596
	848	+	FOR A DISTANCE OF 5,567.97 FEET; THENCE LEAVING SAID 597
	849	+	SOUTHERLY RIGHT OF WAY LINE, RUN S.36°17'02"W., FOR A 598
	850	+	DISTANCE OF 85.80 FEET; THENCE RUN N.73°57'58"W., FOR 599
	851	+	A DISTANCE OF 327.44 FEET; THENCE RUN N.78°05'08"W., 600
	852	+	FOR A DISTANCE OF 96.93 FEET; THENCE RUN 601
	853	+	S.00°02'23"W., FOR A DISTANCE OF 322.02 FEET; THENCE 602
	854	+	RUN S.73°57'58"E., FOR A DISTANCE OF 218.62 FEET; 603
	855	+	THENCE RUN S.36°17'02"W., FOR A DISTANCE OF 265.76 604
	856	+	FEET; THENCE RUN S.53°42'58"E., FOR A DISTANCE OF 605
	857	+	60.00 FEET; THENCE RUN N.36°17'02"E., FOR A DISTANCE 606
	858	+	OF 711.07 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE; 607
	859	+	THENCE RUN S.73°57'57"E., ALONG SAID SOUTHERLY RIGHT 608
	860	+	OF WAY LINE, FOR A DISTANCE OF 3,151.52 FEET; THENCE 609
	861	+	RUN S.16°02'02"W., FOR A DISTANCE OF 25.00 FEET; 610
	862	+	THENCE RUN S.73°57'58"E., FOR A DISTANCE OF 464.76 611
	863	+	FEET TO THE NORTHERLY RIGHT OF WAY LINE OF CORKSCREW 612
	864	+	ROAD (A 100 FOOT RIGHT OF WAY); THENCE RUN 613
	865	+	S.20°51'56"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, 614
	866	+	FOR A DISTANCE OF 1,727.40 FEET TO THE BEGINNING OF A 615
	867	+	TANGENTIAL CURVE TO THE RIGHT, THENCE RUN 616
	868	+	SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LINE 617
	869	+	AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A 618
	870	+	RADIUS OF 1,859.86 FEET, THROUGH A CENTRAL ANGLE OF 619
	871	+	37°08'16", SUBTENDED BY A CHORD DISTANCE OF 1,184.52 620
	872	+
	873	+	HB 4041 2025
	874	+
	875	+
	876	+
	877	+	CODING: Words stricken are deletions; words underlined are additions.
	878	+	hb4041-00
878	879		Page 26 of 102
879	880		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
880	881
881		-	~~AND ALONG THE ARC~~ OF ~~SAID CURVE TO THE RIGHT~~, ~~HAVING~~ A ~~620~~
882		-	~~RADIUS~~ OF ~~1,859.86 FEET,~~ ~~THROUGH A CENTRAL ANGLE OF 621~~
883		-	37°08'16", ~~SUBTENDED BY A CHORD DISTANCE~~ OF 1,~~184.5 2 622~~
884		-	~~FEET, AT A BEARING OF S.39°26'04"W.,~~ FOR A DISTANCE OF ~~623~~
885		-	~~1,205.52 FEET~~ TO THE ~~END OF SAID CURVE;~~ THENCE RUN ~~624~~
886		-	~~S.58°00'12"W.~~, ALONG SAID NORTHERLY RIGHT OF WAY ~~LINE, 625~~
887		-	~~FOR A DISTANCE~~ OF ~~6,667.70 FEET~~ TO THE ~~BEGINNING OF~~ A ~~626~~
888		-	~~TANGENTIAL CURVE TO THE LEFT~~, ~~THENCE RU N 627~~
889		-	~~SOUTHWESTERLY~~, ~~ALONG SAID NORTHERLY RIGHT~~ OF ~~WAY LINE 628~~
890		-	~~AND ALONG THE ARC~~ OF ~~SAID CURVE TO THE LEFT~~, ~~HAVING~~ A ~~629~~
891		-	~~RADIUS~~ OF ~~2,914.79 FEET,~~ ~~THROUGH A CENTRAL ANGLE OF 630~~
892		-	10°45'18", ~~SUBTENDED BY A CHORD DISTANCE~~ OF ~~546.33 631~~
893		-	~~FEET, AT A BEARING OF S.52°37'33"W.,~~ FOR A DISTANCE OF ~~632~~
894		-	~~547~~.~~14 FEET TO THE END~~ OF ~~SAID CURVE;~~ ~~THENCE RUN 633~~
895		-	~~S.47°14'54"W., ALONG SAID NORTHERLY RIGHT~~ OF ~~WAY LINE,~~ ~~634~~
896		-	~~FOR A DISTANCE~~ OF 5,~~800.34 FEET;~~ ~~THENCE RUN 635~~
897		-	~~S.49°36'55"W., ALONG SAID NORTHERLY RIGHT~~ OF ~~WAY LINE,~~ ~~636~~
898		-	~~FOR A DISTANCE OF 484.30 FEET;~~ THENCE RUN ~~637~~
899		-	~~S.47°14'54"W.,~~ ALONG SAID NORTHERLY RIGHT OF WAY LINE~~, 638~~
900		-	~~FOR A DISTANCE~~ OF ~~1,526.83 FEET~~ TO THE ~~BEGINNING~~ OF ~~A 639~~
901		-	~~TANGENTIAL CURVE TO THE RIGHT~~, ~~THENCE RUN WESTERLY~~, ~~640~~
902		-	~~ALONG SAID NORTHERLY RIGHT~~ OF ~~WAY LINE AND ALONG THE 641~~
903		-	~~ARC~~ OF ~~SAID CURVE TO THE RIGHT~~, ~~HAVING~~ A ~~RADIUS~~ OF ~~642~~
904		-	~~904.93 FEET,~~ ~~THROUGH A CENTRAL ANGLE~~ OF ~~42°19'05", 643~~
905		-	~~SUBTENDED BY A CHORD DISTANCE~~ OF ~~653.28 FEET~~, ~~AT A 644~~
906		-
907		-	~~CS/~~HB 4041 2025
908		-
909		-
910		-
911		-	CODING: Words stricken are deletions; words underlined are additions.
912		-	hb4041-~~01-c1~~
	882	+	FEET, AT A BEARING OF S.39°26'04"W., FOR A DISTANCE OF 621
	883	+	1,205.52 FEET TO THE END OF SAID CURVE; THENCE RUN 622
	884	+	S.58°00'12"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, 623
	885	+	FOR A DISTANCE OF 6,667.70 FEET TO THE BEGINNING OF A 624
	886	+	TANGENTIAL CURVE TO THE LEFT, THENCE RUN 625
	887	+	SOUTHWESTERLY, ALONG SAID NORTHERLY RIGHT OF WAY LIN E 626
	888	+	AND ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A 627
	889	+	RADIUS OF 2,914.79 FEET, THROUGH A CENTRAL ANGLE OF 628
	890	+	10°45'18", SUBTENDED BY A CHORD DISTANCE OF 546.33 629
	891	+	FEET, AT A BEARING OF S.52°37'33"W., FOR A DISTANCE OF 630
	892	+	547.14 FEET TO THE END OF SAID CURVE; THEN CE RUN 631
	893	+	S.47°14'54"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, 632
	894	+	FOR A DISTANCE OF 5,800.34 FEET; THENCE RUN 633
	895	+	S.49°36'55"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, 634
	896	+	FOR A DISTANCE OF 484.30 FEET; THENCE RUN 635
	897	+	S.47°14'54"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE , 636
	898	+	FOR A DISTANCE OF 1,526.83 FEET TO THE BEGINNING OF A 637
	899	+	TANGENTIAL CURVE TO THE RIGHT, THENCE RUN WESTERLY, 638
	900	+	ALONG SAID NORTHERLY RIGHT OF WAY LINE AND ALONG THE 639
	901	+	ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 640
	902	+	904.93 FEET, THROUGH A CENTRAL ANGLE OF 42°1 9'05", 641
	903	+	SUBTENDED BY A CHORD DISTANCE OF 653.28 FEET, AT A 642
	904	+	BEARING OF S.68°24'26"W., FOR A DISTANCE OF 668.37 643
	905	+	FEET TO THE END OF SAID CURVE; THENCE RUN 644
	906	+	S.89°33'59"W., ALONG SAID NORTHERLY RIGHT OF WAY LINE, 645
	907	+
	908	+	HB 4041 2025
	909	+
	910	+
	911	+
	912	+	CODING: Words stricken are deletions; words underlined are additions.
	913	+	hb4041-00
913	914		Page 27 of 102
914	915		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
915	916
916		-	~~BEARING OF S.68°24'26"W.,~~ FOR A DISTANCE OF ~~668~~.~~37 645~~
917		-	~~FEET TO THE END~~ OF SAID ~~CURVE~~; THENCE RUN ~~646~~
918		-	S.89°33'59"W., ALONG SAID ~~NORTHERLY RIGHT~~ OF ~~WAY LI NE, 647~~
919		-	~~FOR A DISTANCE OF 996~~.61 FEET TO THE ~~WEST LINE~~ OF THE ~~648~~
920		-	~~NORTHWEST~~ QUARTER OF SAID SECTION 18; THENCE RUN ~~649~~
921		-	~~N.00°39'16"W.,~~ ALONG ~~SAID~~ WEST LINE, FOR A ~~DISTANCE OF 650~~
922		-	2,~~572~~.80 FEET TO THE SOUTHWEST CORNER OF ~~THE SOUTHWEST 651~~
923		-	QUARTER OF SAID SECTION 07; THENCE RUN ~~N.00°25'09"W., 652~~
924		-	ALONG THE WEST LINE OF SAID ~~SOUTHWEST QUARTER,~~ ~~FOR A 653~~
925		-	DISTANCE OF 2,~~638~~.29 FEET TO THE ~~SOUTHWEST CORNER OF 654~~
926		-	THE ~~NORTHWEST QUARTER~~ OF SAID ~~SECTION 07; THENCE RUN 655~~
927		-	N.00°24'09"W., ALONG THE WEST ~~LINE OF SAID NORTHWEST 656~~
928		-	~~QUARTER~~, FOR A DISTANCE OF 2, ~~642.30 FEET TO THE 657~~
929		-	~~SOUTHWEST CORNER~~ OF ~~THE SOUTHWEST QUARTER OF SAID 658~~
930		-	~~SECTION 06~~; THENCE RUN N.00°48'21"W., ~~ALONG THE WEST 659~~
931		-	LINE OF ~~SAID SECTION 06, FOR A DISTANCE OF 5,123.01 660~~
932		-	~~FEET~~; THENCE RUN ~~S.84°55'35"E., FOR A DISTANCE OF 661~~
933		-	~~3,585.78 FEET; THENCE RUN~~ N.01°~~0 7'40"W.~~, FOR A ~~662~~
934		-	~~DISTANCE~~ OF 1,~~837~~.49 FEET TO THE ~~NORTH LINE~~ OF THE ~~663~~
935		-	~~NORTHEAST~~ QUARTER OF SAID SECTION 06; THENCE RUN ~~664~~
936		-	N.89°37'36"E., ALONG ~~SAID~~ NORTH LINE~~, FOR A DISTANCE 665~~
937		-	OF ~~1,831~~.47 FEET TO THE ~~NORTHWEST CORNER~~ OF ~~THE 666~~
938		-	~~NORTHWEST QUARTER OF SAID SECTION 05; TH ENCE RUN 667~~
939		-	~~N.89°59'22"E., ALONG THE NORTH LINE OF SAID NORTHWEST 668~~
940		-
941		-	~~CS/~~HB 4041 2025
942		-
943		-
944		-
945		-	CODING: Words stricken are deletions; words underlined are additions.
946		-	hb4041-~~01-c1~~
	917	+	FOR A DISTANCE OF 996.61 FEET TO THE WEST LINE OF THE 646
	918	+	NORTHWEST QUARTER OF SAID SECTION 18; THENCE RUN 647
	919	+	N.00°39'16"W., ALONG SAID WEST LINE, FOR A DISTANCE OF 648
	920	+	2,572.80 FEET TO THE SOUTHWEST CORNER OF THE SOUTHWEST 649
	921	+	QUARTER OF SAID SECTION 07; THENCE RUN N.00°25'09"W., 650
	922	+	ALONG THE WEST LINE OF SAID SOUTHWEST Q UARTER, FOR A 651
	923	+	DISTANCE OF 2,638.29 FEET TO THE SOUTHWEST CORNER OF 652
	924	+	THE NORTHWEST QUARTER OF SAID SECTION 07; THENCE RUN 653
	925	+	N.00°24'09"W., ALONG THE WEST LINE OF SAID NORTHWEST 654
	926	+	QUARTER, FOR A DISTANCE OF 2,642.30 FEET TO THE 655
	927	+	SOUTHWEST CORNER OF THE SOUTHWEST Q UARTER OF SAID 656
	928	+	SECTION 06; THENCE RUN N.00°48'21"W., ALONG THE WEST 657
	929	+	LINE OF SAID SECTION 06, FOR A DISTANCE OF 5,123.01 658
	930	+	FEET; THENCE RUN S.84°55'35"E., FOR A DISTANCE OF 659
	931	+	3,585.78 FEET; THENCE RUN N.01°07'40"W., FOR A 660
	932	+	DISTANCE OF 1,837.49 FEET TO THE NORTH LINE OF THE 661
	933	+	NORTHEAST QUARTER OF SAID SECTION 06; THENCE RUN 662
	934	+	N.89°37'36"E., ALONG SAID NORTH LINE, FOR A DISTANCE 663
	935	+	OF 1,831.47 FEET TO THE NORTHWEST CORNER OF THE 664
	936	+	NORTHWEST QUARTER OF SAID SECTION 05; THENCE RUN 665
	937	+	N.89°59'22"E., ALONG THE NORTH LINE OF SAID N ORTHWEST 666
	938	+	QUARTER, FOR A DISTANCE OF 700.61 FEET TO THE POINT OF 667
	939	+	BEGINNING. 668
	940	+	AND AREA 3: 669
	941	+
	942	+	HB 4041 2025
	943	+
	944	+
	945	+
	946	+	CODING: Words stricken are deletions; words underlined are additions.
	947	+	hb4041-00
947	948		Page 28 of 102
948	949		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	950
950		-	~~QUARTER, FOR A DISTANCE OF 700.61 FEET TO~~ THE POINT ~~OF 669~~
951		-	~~BEGINNING~~. ~~670~~
952		-	~~AND AREA 3:~~ ~~671~~
953		-	~~COMMENCE AT~~ THE ~~AFOREMENTIONED POINT "A", THENCE RUN 672~~
954		-	~~S.00°35'45"E.~~, ~~ALONG~~ THE ~~EAST LINE OF SAID SOUTHEAST 673~~
955		-	~~QUARTER~~ OF ~~SECTION 03, FOR A DISTANCE~~ OF ~~208.73 FEET 674~~
956		-	~~TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID 675~~
957		-	~~STATE ROAD 82 (~~A ~~200 FOOT RIGHT~~ OF ~~WAY),~~ THE ~~SAME 676~~
958		-	~~BEING THE POINT OF BEGINNING~~ OF THE ~~PARCEL~~ OF ~~LAND 677~~
959		-	~~HEREIN DESCRIBED~~; THENCE ~~CONTINUE~~ S.00°35'45"E., ALONG ~~678~~
960		-	SAID ~~EAST LINE~~, FOR A DISTANCE OF ~~887.38 FEET TO THE 679~~
961		-	NORTHEAST CORNER OF THE ~~NORTHEAST QUARTER OF SAID 680~~
962		-	SECTION 10; THENCE RUN S.00°28'02"E., ~~ALONG THE EAST 681~~
963		-	LINE OF SAID ~~NORTHEAST~~ QUARTER, FOR A ~~DISTANCE OF 682~~
964		-	2,699.34 FEET TO THE NORTHEAST CORNER OF ~~THE SOUTHE AST 683~~
965		-	~~QUARTER OF~~ SAID SECTION 10; THENCE RUN S.00°28'13"E., ~~684~~
966		-	~~ALONG THE~~ EAST LINE OF SAID ~~SOUTHEAST QUARTER~~, FOR A ~~685~~
967		-	~~DISTANCE OF 2~~,~~699~~.02 FEET ~~TO THE NORTHEAST CORNER OF 686~~
968		-	~~SAID SECTION 15~~; THENCE RUN S.00°08'16"E., ~~ALONG THE 687~~
969		-	~~EAST~~ LINE OF ~~SAID SECTION 15, FOR A DIS TANCE OF 688~~
970		-	~~4,277.12 FEET~~; THENCE RUN ~~S.89°41'04"W., FOR A 689~~
971		-	DISTANCE OF 1,~~890~~.02 FEET; THENCE ~~RUN N.00°08'15"W., 690~~
972		-	FOR A DISTANCE OF ~~4,276~~.95 FEET ~~TO THE NORTH LINE OF 691~~
973		-	~~SAID NORTHEAST QUARTER OF SECTION 15;~~ THENCE RUN ~~692~~
974		-	N.55°11'37"W., FOR A DISTANCE OF ~~4,023.70 FEE T; THENCE 693~~
975		-
976		-	~~CS/~~HB 4041 2025
977		-
978		-
979		-
980		-	CODING: Words stricken are deletions; words underlined are additions.
981		-	hb4041-~~01-c1~~
	951	+	COMMENCE AT THE AFOREMENTIONED POINT "A", THENCE RUN 670
	952	+	S.00°35'45"E., ALONG THE EAST LINE OF SAID SOUTHEAST 671
	953	+	QUARTER OF SECTION 03, FOR A DISTANCE OF 208.73 FEET 672
	954	+	TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID 673
	955	+	STATE ROAD 82 (A 200 FOOT RIGHT OF WAY), THE SAME 674
	956	+	BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND 675
	957	+	HEREIN DESCRIBED; THENCE CONTINUE S.00°35'45"E., ALONG 676
	958	+	SAID EAST LINE, FOR A DISTANCE OF 887.38 FEET TO THE 677
	959	+	NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID 678
	960	+	SECTION 10; THENCE RUN S.00°28'02"E., ALONG THE EAST 679
	961	+	LINE OF SAID NORTHEAST QUARTER, FOR A DISTANCE OF 680
	962	+	2,699.34 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST 681
	963	+	QUARTER OF SAID SECTION 10; THENCE RUN S.00°28'13 "E., 682
	964	+	ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER, FOR A 683
	965	+	DISTANCE OF 2,699.02 FEET TO THE NORTHEAST CORNER OF 684
	966	+	SAID SECTION 15; THENCE RUN S.00°08'16"E., ALONG THE 685
	967	+	EAST LINE OF SAID SECTION 15, FOR A DISTANCE OF 686
	968	+	4,277.12 FEET; THENCE RUN S.89°41'04"W., FOR A 687
	969	+	DISTANCE OF 1,890.02 FEET; THENCE RUN N.00°08'15"W., 688
	970	+	FOR A DISTANCE OF 4,276.95 FEET TO THE NORTH LINE OF 689
	971	+	SAID NORTHEAST QUARTER OF SECTION 15; THENCE RUN 690
	972	+	N.55°11'37"W., FOR A DISTANCE OF 4,023.70 FEET; THENCE 691
	973	+	RUN N.00°08'20"W., FOR A DISTANCE OF 707.83 FEET; 692
	974	+	THENCE RUN S.79°20'37"W., FOR A DISTANCE OF 1,604.70 693
	975	+	FEET; THENCE RUN N.41°31'31"W., FOR A DISTANCE OF 694
	976	+
	977	+	HB 4041 2025
	978	+
	979	+
	980	+
	981	+	CODING: Words stricken are deletions; words underlined are additions.
	982	+	hb4041-00
982	983		Page 29 of 102
983	984		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	985
985		-	RUN N.00°08'20"W., FOR A DISTANCE OF 707.83 FEET; 694
986		-	THENCE RUN S.79°20'37"W., FOR A DISTANCE OF 1,604.70 695
987		-	FEET; THENCE RUN N.41°31'31"W., FOR A DISTANCE OF 696
988		-	1,675.17 FEET; THENCE RUN N.75°10'22"W., FOR A 697
989		-	DISTANCE OF 213.78 FEET; THENCE RUN S.14°49'38 "W., FOR 698
990		-	A DISTANCE OF 726.00 FEET; THENCE RUN N.75°10'22"W., 699
991		-	FOR A DISTANCE OF 758.28 FEET; THENCE RUN 700
992		-	N.55°37'02"W., FOR A DISTANCE OF 989.88 FEET; THENCE 701
993		-	RUN N.31°34'44"W., FOR A DISTANCE OF 86.46 FEET TO THE 702
994		-	SOUTHERLY RIGHT OF WAY LINE OF CORKSCREW ROA D (A 100 703
995		-	FOOT RIGHT OF WAY); THENCE RUN N.58°00'12"E., ALONG 704
996		-	SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 705
997		-	2,531.39 FEET TO THE BEGINNING OF A TANGENTIAL CURVE 706
998		-	TO THE LEFT, THENCE RUN NORTHEASTERLY, ALONG SAID 707
999		-	SOUTHERLY RIGHT OF WAY LINE AND ALONG TH E ARC OF SAID 708
1000		-	CURVE TO THE LEFT, HAVING A RADIUS OF 1,959.86 FEET, 709
1001		-	THROUGH A CENTRAL ANGLE OF 37°08'16", SUBTENDED BY A 710
1002		-	CHORD DISTANCE OF 1,248.21 FEET, AT A BEARING OF 711
1003		-	N.39°26'04"E., FOR A DISTANCE OF 1,270.34 FEET TO THE 712
1004		-	END OF SAID CURVE; THENCE RUN N.2 0°51'56"E., ALONG 713
1005		-	SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 714
1006		-	1,760.94 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE OF 715
1007		-	SAID STATE ROAD 82 (A 200 FOOT RIGHT OF WAY); THENCE 716
1008		-	RUN S.73°57'58"E., ALONG SAID SOUTHERLY RIGHT OF WAY 717
1009		-	LINE, FOR A DISTANCE OF 2,1 15.13 FEET TO A POINT 718
1010		-
1011		-	CS/HB 4041 2025
1012		-
1013		-
1014		-
1015		-	CODING: Words stricken are deletions; words underlined are additions.
1016		-	hb4041-01-c1
	986	+	1,675.17 FEET; THENCE RUN N.75°10'22"W., FOR A 695
	987	+	DISTANCE OF 213.78 FEET; THENCE RUN S.14°49'38"W., FOR 696
	988	+	A DISTANCE OF 726.00 FEET; THENCE RUN N.75°1 0'22"W., 697
	989	+	FOR A DISTANCE OF 758.28 FEET; THENCE RUN 698
	990	+	N.55°37'02"W., FOR A DISTANCE OF 989.88 FEET; THENCE 699
	991	+	RUN N.31°34'44"W., FOR A DISTANCE OF 86.46 FEET TO THE 700
	992	+	SOUTHERLY RIGHT OF WAY LINE OF CORKSCREW ROAD (A 100 701
	993	+	FOOT RIGHT OF WAY); THENCE RUN N.58°00'12"E. , ALONG 702
	994	+	SAID SOUTHERLY RIGHT OF WAY LINE, FOR A DISTANCE OF 703
	995	+	2,531.39 FEET TO THE BEGINNING OF A TANGENTIAL CURVE 704
	996	+	TO THE LEFT, THENCE RUN NORTHEASTERLY, ALONG SAID 705
	997	+	SOUTHERLY RIGHT OF WAY LINE AND ALONG THE ARC OF SAID 706
	998	+	CURVE TO THE LEFT, HAVING A RADIUS OF 1 ,959.86 FEET, 707
	999	+	THROUGH A CENTRAL ANGLE OF 37°08'16", SUBTENDED BY A 708
	1000	+	CHORD DISTANCE OF 1,248.21 FEET, AT A BEARING OF 709
	1001	+	N.39°26'04"E., FOR A DISTANCE OF 1,270.34 FEET TO THE 710
	1002	+	END OF SAID CURVE; THENCE RUN N.20°51'56"E., ALONG 711
	1003	+	SAID SOUTHERLY RIGHT OF WAY LINE, F OR A DISTANCE OF 712
	1004	+	1,760.94 FEET TO SAID SOUTHERLY RIGHT OF WAY LINE OF 713
	1005	+	SAID STATE ROAD 82 (A 200 FOOT RIGHT OF WAY); THENCE 714
	1006	+	RUN S.73°57'58"E., ALONG SAID SOUTHERLY RIGHT OF WAY 715
	1007	+	LINE, FOR A DISTANCE OF 2,115.13 FEET TO A POINT 716
	1008	+	HEREINAFTER REFERRED TO AS POIN T "D"; THENCE CONTINUE 717
	1009	+	S.73°57'58"E., ALONG SAID SOUTHERLY RIGHT OF WAY LINE, 718
	1010	+
	1011	+	HB 4041 2025
	1012	+
	1013	+
	1014	+
	1015	+	CODING: Words stricken are deletions; words underlined are additions.
	1016	+	hb4041-00
1017	1017		Page 30 of 102
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		-	~~HEREINAFTER REFERRED~~ TO AS POINT ~~"D"; THENCE CONTINUE~~ 719
1021		-	S.~~73°57'58"E., ALONG SAID SOUTHERLY RIGHT OF WAY LINE,~~ 720
1022		-	~~FOR A DISTANCE OF 4,388.36 FEET TO THE POINT OF~~ 721
1023		-	~~BEGINNING.~~ 722
1024		-	~~LESS AND EXCEPT:~~ 723
1025		-	~~COMMENCE AT~~ THE ~~AFOREMENTIONED POINT "D", THENCE RUN~~ 724
1026		-	S.16°02'02"W., FOR A DISTANCE OF ~~11.88 FEET TO THE~~ 725
1027		-	~~POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN~~ 726
1028		-	~~DESCRIBED~~; THENCE RUN S.31°00'02"W., FOR A ~~DISTANCE OF~~ 727
1029		-	~~266~~.13 FEET; THENCE RUN S.58°59'58"E., FOR ~~A DISTANCE~~ 728
1030		-	OF 15.00 FEET; THENCE RUN S.31°00'02"W., ~~FOR A~~ 729
1031		-	DISTANCE OF 30.00 FEET; THENCE RUN ~~N.58°59'58"W., FOR~~ 730
1032		-	A DISTANCE OF 15.00 FEET; THENCE ~~RUN S.31°00'02"W.,~~ 731
1033		-	FOR A DISTANCE OF 52.82 FEET~~; THENCE RUN~~ 732
1034		-	N.73°57'58"W., FOR A DISTANCE OF ~~134~~.~~39 FEET; THENCE~~ 733
1035		-	RUN N.00°35~~'44~~"W., FOR A DISTANCE OF ~~327.71 FEET~~ 734
1036		-	THENCE RUN S.79°16'41"E., FOR A DISTANCE ~~OF 74.78~~ 735
1037		-	FEET~~; THENCE RUN S.80°31'35"E., FOR A DISTANCE~~ OF 736
1038		-	~~61.84 FEET; THENCE RUN S.76°49'43"E., FOR~~ A ~~DISTANCE~~ 737
1039		-	~~OF 182.63 FEET TO THE POINT OF BEGINNING~~. 738
1040		-	~~CONTAINING A TOTAL AREA~~ OF ~~4,662.710 ACRES, MORE OR~~ 739
1041		-	~~LESS.~~ 740
1042		-	~~BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE~~ 741
1043		-	~~NORTHEAST QUARTER~~ OF ~~SECTION 03, TOWNSHIP 46~~ SOUTH, 742
1044		-
1045		-	~~CS/~~HB 4041 2025
1046		-
1047		-
1048		-
1049		-	CODING: Words stricken are deletions; words underlined are additions.
1050		-	hb4041-~~01-c1~~
	1020	+	FOR A DISTANCE OF 4,388.36 FEET TO THE POINT OF 719
	1021	+	BEGINNING. 720
	1022	+	LESS AND EXCEPT: 721
	1023	+	COMMENCE AT THE AFOREMENTIONED POINT "D", THENCE RUN 722
	1024	+	S.16°02'02"W., FOR A DISTANCE OF 11.88 FEET TO TH E 723
	1025	+	POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN 724
	1026	+	DESCRIBED; THENCE RUN S.31°00'02"W., FOR A DISTANCE OF 725
	1027	+	266.13 FEET; THENCE RUN S.58°59'58"E., FOR A DISTANCE 726
	1028	+	OF 15.00 FEET; THENCE RUN S.31°00'02"W., FOR A 727
	1029	+	DISTANCE OF 30.00 FEET; THENCE RUN N.58°59'58"W., FOR 728
	1030	+	A DISTANCE OF 15.00 FEET; THENCE RUN S.31°00'02"W., 729
	1031	+	FOR A DISTANCE OF 52.82 FEET; THENCE RUN 730
	1032	+	N.73°57'58"W., FOR A DISTANCE OF 134.39 FEET; THENCE 731
	1033	+	RUN N.00°35'44"W., FOR A DISTANCE OF 327.71 FEET 732
	1034	+	THENCE RUN S.79°16'41"E., FOR A DISTANCE OF 74.78 733
	1035	+	FEET; THENCE RUN S.80°31'35"E., FOR A DISTANCE OF 734
	1036	+	61.84 FEET; THENCE RUN S.76°49'43"E., FOR A DISTANCE 735
	1037	+	OF 182.63 FEET TO THE POINT OF BEGINNING. 736
	1038	+	CONTAINING A TOTAL AREA OF 4,662.710 ACRES, MORE OR 737
	1039	+	LESS. 738
	1040	+	BEARINGS SHOWN HEREON REFER TO THE NORTH LINE OF THE 739
	1041	+	NORTHEAST QUARTER OF SECTION 03, TOWNSHIP 46 SOUTH, 740
	1042	+	RANGE 28 EAST, COLLIER COUNTY, FLORIDA, HAVING A 741
	1043	+	BEARING OF S.89°29'58"E. SOUTH 89° 23' 32. 742
	1044	+
	1045	+	HB 4041 2025
	1046	+
	1047	+
	1048	+
	1049	+	CODING: Words stricken are deletions; words underlined are additions.
	1050	+	hb4041-00
1051	1051		Page 31 of 102
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		-	RANGE 28 EAST, COLLIER COUNTY, FLORIDA, HAVING A 743
1055		-	BEARING OF S.89°29'58"E. SOUTH 89° 23' 32. 744
1056		-	745
1057		-	Being subject to any rights -of-way, restrictions, and easements 746
1058		-	of record. 747
1059		-	Section 5. Board of supervisors; members and meetings; 748
1060		-	organization; powers; duties; terms of office; related election 749
1061		-	requirements.— 750
1062		-	(1) The board of the district shall exercise the powers 751
1063		-	granted to the district pursuant to this act. The board shall 752
1064		-	consist of five members, each of whom shall hold office for a 753
1065		-	term of 4 years, as provided in this section, except as 754
1066		-	otherwise provided herein for initial board members, and until a 755
1067		-	successor is chosen and qualified. The members of the board m ust 756
1068		-	be residents of the state and citizens of the United States. 757
1069		-	(2)(a) Within 90 days after the effective date of this 758
1070		-	act, there shall be held a meeting of the landowners of the 759
1071		-	district for the purpose of electing five supervisors for the 760
1072		-	district. Notice of the landowners' meeting shall be published 761
1073		-	once a week for 2 consecutive weeks in a newspaper that is in 762
1074		-	general circulation in the area of the district, the last day of 763
1075		-	such publication to be not fewer than 14 days or more than 28 764
1076		-	days before the date of the election. The landowners, when 765
1077		-	assembled at such meeting, shall organize by electing a chair, 766
1078		-	who shall conduct the meeting. The chair may be any person 767
1079		-
1080		-	CS/HB 4041 2025
1081		-
1082		-
1083		-
1084		-	CODING: Words stricken are deletions; words underlined are additions.
1085		-	hb4041-01-c1
	1054	+	Being subject to any rights -of-way, restrictions and easements 743
	1055	+	of record. 744
	1056	+	Section 5. Board of supervisors; members and meetings; 745
	1057	+	organization; powers; duties; terms of office; related election 746
	1058	+	requirements.— 747
	1059	+	(1) The board of the district shall exercise the powers 748
	1060	+	granted to the district pursuant to this act. The board shall 749
	1061	+	consist of five members, each of whom shall hold office for a 750
	1062	+	term of 4 years, as provided in this section, except as 751
	1063	+	otherwise provided herein for initial board members, and until a 752
	1064	+	successor is chosen and qualified. The members of the board must 753
	1065	+	be residents of the state and citizens of the Unite d States. 754
	1066	+	(2)(a) Within 90 days after the effective date of this 755
	1067	+	act, there shall be held a meeting of the landowners of the 756
	1068	+	district for the purpose of electing five supervisors for the 757
	1069	+	district. Notice of the landowners' meeting shall be published 758
	1070	+	once a week for 2 consecutive weeks in a newspaper that is in 759
	1071	+	general circulation in the area of the district, the last day of 760
	1072	+	such publication to be not fewer than 14 days or more than 28 761
	1073	+	days before the date of the election. The landowners, when 762
	1074	+	assembled at such meeting, shall organize by electing a chair, 763
	1075	+	who shall conduct the meeting. The chair may be any person 764
	1076	+	present at the meeting. If the chair is a landowner or proxy 765
	1077	+	holder of a landowner, he or she may nominate candidates and 766
	1078	+
	1079	+	HB 4041 2025
	1080	+
	1081	+
	1082	+
	1083	+	CODING: Words stricken are deletions; words underlined are additions.
	1084	+	hb4041-00
1086	1085		Page 32 of 102
1087	1086		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	1087
1089		-	present at the meeting~~. If the chair is a landowner or proxy 768~~
1090		-	~~holder of~~ a ~~landowner, he or s he may nominate candidates and 769~~
1091		-	~~make and second motions. The~~ landowners ~~present at the~~ meeting, ~~770~~
1092		-	~~in person or by proxy, shall~~ constitute a quorum~~. At any 771~~
1093		-	landowners~~' meeting,~~ ~~50 percent~~ of ~~the district acreage shall 772~~
1094		-	~~not be required to constitute a quorum,~~ ~~an d each governing board 773~~
1095		-	~~member elected by landowners shall be elected by a majority of 774~~
1096		-	~~the acreage represented either by owner or proxy present and 775~~
1097		-	~~voting at said meeting.~~ ~~776~~
1098		-	~~(b) At such meeting,~~ each ~~landowner shall~~ be ~~entitled to 777~~
1099		-	~~cast one~~ vote ~~per acre of land owned~~ by ~~him or her and located 778~~
1100		-	~~within~~ the ~~district~~ for ~~each person to be elected. A landowner 779~~
1101		-	~~may~~ vote ~~in person~~ or ~~by proxy in writing.~~ ~~Each proxy must be 780~~
1102		-	signed ~~by one of~~ the ~~legal owners of~~ the ~~property for which the 781~~
1103		-	~~vote is cast and must contain the typed or printed name~~ of the ~~782~~
1104		-	~~individual who signed~~ the proxy~~; the street address, legal 783~~
1105		-	~~description of the~~ property~~, or tax parcel identification 784~~
1106		-	~~number; and~~ the number of ~~authorized votes~~. If the ~~proxy 785~~
1107		-	~~authorizes more than one vote,~~ ~~each property must~~ be ~~listed and 786~~
1108		-	~~the number of acres of each property must~~ be ~~included.~~ The ~~787~~
1109		-	~~signature on a proxy need not be notarized~~. ~~A fraction of an 788~~
1110		-	~~acre~~ shall be ~~treated as 1 acre,~~ ~~entitling the landowner to one 789~~
1111		-	~~vote with respect thereto.~~ The ~~three~~ candidates receiving the ~~790~~
1112		-	highest number of votes shall each be elected for terms expiring ~~791~~
1113		-	November 28, ~~2028, and~~ the ~~two candidates receiving the next 792~~
1114		-
1115		-	~~CS/~~HB 4041 2025
1116		-
1117		-
1118		-
1119		-	CODING: Words stricken are deletions; words underlined are additions.
1120		-	hb4041-~~01-c1~~
	1088	+	make and second motions. The landowners present at the meeting, 767
	1089	+	in person or by proxy, shall constitute a quorum. At any 768
	1090	+	landowners' meeting, 50 percent of the district acreage shall 769
	1091	+	not be required to constitute a quorum, and each governing board 770
	1092	+	member elected by landowners sha ll be elected by a majority of 771
	1093	+	the acreage represented either by owner or proxy present and 772
	1094	+	voting at said meeting. 773
	1095	+	(b) At such meeting, each landowner shall be entitled to 774
	1096	+	cast one vote per acre of land owned by him or her and located 775
	1097	+	within the district for each person to be elected. A landowner 776
	1098	+	may vote in person or by proxy in writing. Each proxy must be 777
	1099	+	signed by one of the legal owners of the property for which the 778
	1100	+	vote is cast and must contain the typed or printed name of the 779
	1101	+	individual who signed the proxy; the street address, legal 780
	1102	+	description of the property, or tax parcel identification 781
	1103	+	number; and the number of authorized votes. If the proxy 782
	1104	+	authorizes more than one vote, each property must be listed and 783
	1105	+	the number of acres of each property mus t be included. The 784
	1106	+	signature on a proxy need not be notarized. A fraction of an 785
	1107	+	acre shall be treated as 1 acre, entitling the landowner to one 786
	1108	+	vote with respect thereto. The three candidates receiving the 787
	1109	+	highest number of votes shall each be elected for terms expiring 788
	1110	+	November 28, 2028, and the two candidates receiving the next 789
	1111	+	highest number of votes shall each be elected for terms expiring 790
	1112	+	November 24, 2026 with the term of office for each successful 791
	1113	+
	1114	+	HB 4041 2025
	1115	+
	1116	+
	1117	+
	1118	+	CODING: Words stricken are deletions; words underlined are additions.
	1119	+	hb4041-00
1121	1120		Page 33 of 102
1122	1121		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	1122
1124		-	highest number of votes shall each be elected for terms expiring 793
1125		-	November 24, 2026, with the term of office for each successf ul 794
1126		-	candidate commencing upon election. The members of the first 795
1127		-	board elected by landowners shall serve their respective terms; 796
1128		-	however, the next election of board members shall be held on the 797
1129		-	first Tuesday after the first Monday in November 2026. 798
1130		-	Thereafter, there shall be an election by landowners for the 799
1131		-	district every 2 years on the first Tuesday after the first 800
1132		-	Monday in November, which shall be noticed pursuant to paragraph 801
1133		-	(a). The second and subsequent landowners' election shall be 802
1134		-	announced at a public meeting of the board at least 90 days 803
1135		-	before the date of the landowners' meeting and shall also be 804
1136		-	noticed pursuant to paragraph (a). Instructions on how all 805
1137		-	landowners may participate in the election, along with sample 806
1138		-	proxies, shall be provided duri ng the board meeting that 807
1139		-	announces the landowners' meeting. Each supervisor elected in or 808
1140		-	after November 2026 shall serve a 4 -year term. 809
1141		-	(3)(a)1. The board may not exercise the ad valorem taxing 810
1142		-	power authorized by this act until such time as all member s of 811
1143		-	the board are qualified electors who are elected by qualified 812
1144		-	electors of the district. 813
1145		-	2.a. Regardless of whether the district has proposed to 814
1146		-	levy ad valorem taxes, board members shall begin being elected 815
1147		-	by qualified electors of the district as t he district becomes 816
1148		-	populated with qualified electors. The transition shall occur 817
1149		-
1150		-	CS/HB 4041 2025
1151		-
1152		-
1153		-
1154		-	CODING: Words stricken are deletions; words underlined are additions.
1155		-	hb4041-01-c1
	1123	+	candidate commencing upon election. The members of th e first 792
	1124	+	board elected by landowners shall serve their respective terms; 793
	1125	+	however, the next election of board members shall be held on the 794
	1126	+	first Tuesday after the first Monday in November 2026. 795
	1127	+	Thereafter, there shall be an election by landowners for the 796
	1128	+	district every 2 years on the first Tuesday after the first 797
	1129	+	Monday in November, which shall be noticed pursuant to paragraph 798
	1130	+	(a). The second and subsequent landowners' election shall be 799
	1131	+	announced at a public meeting of the board at least 90 days 800
	1132	+	before the date of the landowners' meeting and shall also be 801
	1133	+	noticed pursuant to paragraph (a). Instructions on how all 802
	1134	+	landowners may participate in the election, along with sample 803
	1135	+	proxies, shall be provided during the board meeting that 804
	1136	+	announces the landowners' meet ing. Each supervisor elected in or 805
	1137	+	after November 2026 shall serve a 4 -year term. 806
	1138	+	(3)(a)1. The board may not exercise the ad valorem taxing 807
	1139	+	power authorized by this act until such time as all members of 808
	1140	+	the board are qualified electors who are elected by qualified 809
	1141	+	electors of the district. 810
	1142	+	2.a. Regardless of whether the district has proposed to 811
	1143	+	levy ad valorem taxes, board members shall begin being elected 812
	1144	+	by qualified electors of the district as the district becomes 813
	1145	+	populated with qualified electors. T he transition shall occur 814
	1146	+	such that the composition of the board, after the first general 815
	1147	+
	1148	+	HB 4041 2025
	1149	+
	1150	+
	1151	+
	1152	+	CODING: Words stricken are deletions; words underlined are additions.
	1153	+	hb4041-00
1156	1154		Page 34 of 102
1157	1155		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	1156
1159		-	such that the composition of the board, after the first general 818
1160		-	election following a trigger of the qualified elector population 819
1161		-	thresholds set forth below, shall be as follo ws: 820
1162		-	(I) Once 3,600 qualified electors reside within the 821
1163		-	district, one governing board member shall be a person who is a 822
1164		-	qualified elector of the district and who was elected by the 823
1165		-	qualified electors, and four governing board members shall be 824
1166		-	persons who were elected by the landowners. 825
1167		-	(II) Once 6,600 qualified electors reside within the 826
1168		-	district, two governing board members shall be persons who are 827
1169		-	qualified electors of the district and who were elected by the 828
1170		-	qualified electors, and three governing bo ard members shall be 829
1171		-	persons elected who were by the landowners. 830
1172		-	(III) Once 9,600 qualified electors reside within the 831
1173		-	district, three governing board members shall be persons who are 832
1174		-	qualified electors of the district and who were elected by the 833
1175		-	qualified electors and two governing board members shall be 834
1176		-	persons who were elected by the landowners. 835
1177		-	(IV) Once 10,600 qualified electors reside within the 836
1178		-	district, four governing board members shall be persons who are 837
1179		-	qualified electors of the district and who were elected by the 838
1180		-	qualified electors, and one governing board member shall be a 839
1181		-	person who was elected by the landowners. 840
1182		-	(V) Once 12,000 qualified electors reside within the 841
1183		-	district, all five governing board members shall be persons who 842
1184		-
1185		-	CS/HB 4041 2025
1186		-
1187		-
1188		-
1189		-	CODING: Words stricken are deletions; words underlined are additions.
1190		-	hb4041-01-c1
	1157	+	election following a trigger of the qualified elector population 816
	1158	+	thresholds set forth below, shall be as follows: 817
	1159	+	(I) Once 3,600 qualified electors reside within the 818
	1160	+	district, one governing board member shall be a person who is a 819
	1161	+	qualified elector of the district and who was elected by the 820
	1162	+	qualified electors, and four governing board members shall be 821
	1163	+	persons who were elected by the landowners. 822
	1164	+	(II) Once 6,600 qua lified electors reside within the 823
	1165	+	district, two governing board members shall be persons who are 824
	1166	+	qualified electors of the district and who were elected by the 825
	1167	+	qualified electors, and three governing board members shall be 826
	1168	+	persons elected who were by the l andowners. 827
	1169	+	(III) Once 9,600 qualified electors reside within the 828
	1170	+	district, three governing board members shall be persons who are 829
	1171	+	qualified electors of the district and who were elected by the 830
	1172	+	qualified electors and two governing board members shall be 831
	1173	+	persons who were elected by the landowners. 832
	1174	+	(IV) Once 10,600 qualified electors reside within the 833
	1175	+	district, four governing board members shall be persons who are 834
	1176	+	qualified electors of the district and who were elected by the 835
	1177	+	qualified electors, and one go verning board member shall be a 836
	1178	+	person who was elected by the landowners. 837
	1179	+	(V) Once 12,000 qualified electors reside within the 838
	1180	+	district, all five governing board members shall be persons who 839
	1181	+
	1182	+	HB 4041 2025
	1183	+
	1184	+
	1185	+
	1186	+	CODING: Words stricken are deletions; words underlined are additions.
	1187	+	hb4041-00
1191	1188		Page 35 of 102
1192	1189		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	1190
1194		-	are qualified electors of the district and who were elected by ~~843~~
1195		-	the qualified electors. ~~844~~
1196		-	~~845~~
1197		-	Nothing in this sub-subparagraph is intended to require an ~~846~~
1198		-	election prior to the expiration of an existing board member's ~~847~~
1199		-	term. ~~848~~
1200		-	b. On or before June 1 of each election year, the board ~~849~~
1201		-	shall determine the number of qualified electors in the district ~~850~~
1202		-	as of the immediately preceding April 15. The board shall use ~~851~~
1203		-	and rely upon the official records maintained by the supervisor ~~852~~
1204		-	of elections and property appraiser or tax collector in Collier ~~853~~
1205		-	County in making this determination. Such determination shall be ~~854~~
1206		-	made at a properly noticed meeting of the board and shall become ~~855~~
1207		-	a part of the official minutes of the district. ~~856~~
1208		-	c. All governing board members elected by qualified ~~857~~
1209		-	electors shall be elected at large at an election occurring as ~~858~~
1210		-	provided in subsection (2) and this subsection. ~~859~~
1211		-	d. All governing board members elected by qualified ~~860~~
1212		-	electors shall reside in the district. ~~861~~
1213		-	e. Once the district qualifies to have any of its board ~~862~~
1214		-	members elected by the qualified electors of the district, the ~~863~~
1215		-	initial and all subsequent elections by the qualified electors ~~864~~
1216		-	of the district shall be held at the general election in ~~865~~
1217		-	November. The board shall adopt a resolution, if necessary, to ~~866~~
1218		-	implement this requirement. The transition process described ~~867~~
1219		-
1220		-	~~CS/~~HB 4041 2025
1221		-
1222		-
1223		-
1224		-	CODING: Words stricken are deletions; words underlined are additions.
1225		-	hb4041-~~01-c1~~
	1191	+	are qualified electors of the district and who were elected by 840
	1192	+	the qualified electors. 841
	1193	+	842
	1194	+	Nothing in this sub-subparagraph is intended to require an 843
	1195	+	election prior to the expiration of an existing board member's 844
	1196	+	term. 845
	1197	+	b. On or before June 1 of each election year, the board 846
	1198	+	shall determine the number of qualified electors in the district 847
	1199	+	as of the immediately preceding April 15. The board shall use 848
	1200	+	and rely upon the official records maintained by the supervisor 849
	1201	+	of elections and property appraiser or tax collector in Collier 850
	1202	+	County in making this determination. Such determination shall be 851
	1203	+	made at a properly noticed meeting of the board and shall become 852
	1204	+	a part of the official minutes of the district. 853
	1205	+	c. All governing board members elected by qualified 854
	1206	+	electors shall be elected at large at an election occurring as 855
	1207	+	provided in subsection (2) and this subsection. 856
	1208	+	d. All governing board members elected by qualified 857
	1209	+	electors shall reside in the district. 858
	1210	+	e. Once the district qualifies to have any of its board 859
	1211	+	members elected by the qualified electors of the district, the 860
	1212	+	initial and all subsequent elections by the qualified electors 861
	1213	+	of the district shall be held at the general election in 862
	1214	+	November. The board shall adopt a resolution, if necessary, to 863
	1215	+	implement this requirement. The transition process described 864
	1216	+
	1217	+	HB 4041 2025
	1218	+
	1219	+
	1220	+
	1221	+	CODING: Words stricken are deletions; words underlined are additions.
	1222	+	hb4041-00
1226	1223		Page 36 of 102
1227	1224		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	1225
1229		-	herein is intended to be in lieu of the process set forth in s. ~~868~~
1230		-	189.041, Florida Statutes. ~~869~~
1231		-	(b) Elections of board members by qualified electors held ~~870~~
1232		-	pursuant to this subsection shall be nonpartisan and shall be ~~871~~
1233		-	conducted in the manner prescribed by law for ~~holding~~ general ~~872~~
1234		-	elections. Board members shall assume the office on the second ~~873~~
1235		-	Tuesday following their election. ~~874~~
1236		-	(c) Candidates seeking election to office by qualified ~~875~~
1237		-	electors under this subsection shall ~~cond uct~~ their campaigns in ~~876~~
1238		-	accordance with chapter 106, Florida Statutes, and shall file ~~877~~
1239		-	qualifying papers and qualify for individual seats in accordance ~~878~~
1240		-	with s. 99.061, Florida Statutes. ~~879~~
1241		-	(d) The supervisor of elections shall appoint the ~~880~~
1242		-	inspectors and clerks of elections, prepare and furnish the ~~881~~
1243		-	ballots, designate polling places, and canvass the returns of ~~882~~
1244		-	the election of board members by qualified electors. The county ~~883~~
1245		-	canvassing board shall declare and certify the results of the ~~884~~
1246		-	election. ~~885~~
1247		-	(4) Members of the board, regardless of how elected, shall ~~886~~
1248		-	be public officers, shall be known as supervisors, and, upon ~~887~~
1249		-	entering into office, shall take and subscribe to the oath of ~~888~~
1250		-	office as prescribed by s. 876.05, Florida Statutes. Members of ~~889~~
1251		-	the board shall be ~~subjec t~~ to ethics and conflict of interest ~~890~~
1252		-	laws of the state that apply to all local public officers. They ~~891~~
1253		-	shall hold office for the terms for which they were elected or ~~892~~
1254		-
1255		-	~~CS/~~HB 4041 2025
1256		-
1257		-
1258		-
1259		-	CODING: Words stricken are deletions; words underlined are additions.
1260		-	hb4041-~~01-c1~~
	1226	+	herein is intended to be in lieu of the process set forth in s. 865
	1227	+	189.041, Florida Statutes. 866
	1228	+	(b) Elections of board members by qualified electors held 867
	1229	+	pursuant to this subsection shall be nonpartisan and shall be 868
	1230	+	conducted in the manner prescribed by law for holdi ng general 869
	1231	+	elections. Board members shall assume the office on the second 870
	1232	+	Tuesday following their election. 871
	1233	+	(c) Candidates seeking election to office by qualified 872
	1234	+	electors under this subsection shall conduct their campaigns in 873
	1235	+	accordance with chapter 106 , Florida Statutes, and shall file 874
	1236	+	qualifying papers and qualify for individual seats in accordance 875
	1237	+	with s. 99.061, Florida Statutes. 876
	1238	+	(d) The supervisor of elections shall appoint the 877
	1239	+	inspectors and clerks of elections, prepare and furnish the 878
	1240	+	ballots, designate polling places, and canvass the returns of 879
	1241	+	the election of board members by qualified electors. The county 880
	1242	+	canvassing board shall declare and certify the results of the 881
	1243	+	election. 882
	1244	+	(4) Members of the board, regardless of how elected, shall 883
	1245	+	be public officers, shall be known as supervisors, and, upon 884
	1246	+	entering into office, shall take and subscribe to the oath of 885
	1247	+	office as prescribed by s. 876.05, Florida Statutes. Members of 886
	1248	+	the board shall be subject to ethics and conflict of interest 887
	1249	+	laws of the state that apply to all local public officers. They 888
	1250	+	shall hold office for the terms for which they were elected or 889
	1251	+
	1252	+	HB 4041 2025
	1253	+
	1254	+
	1255	+
	1256	+	CODING: Words stricken are deletions; words underlined are additions.
	1257	+	hb4041-00
1261	1258		Page 37 of 102
1262	1259		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	1260
1264		-	appointed and until their successors are chosen and qualified. ~~893~~
1265		-	If, during the term of office , a vacancy occurs, the remaining ~~894~~
1266		-	members of the board shall fill each vacancy by an appointment ~~895~~
1267		-	for the remainder of the unexpired term. ~~896~~
1268		-	(5) Any elected member of the board of supervisors may be ~~897~~
1269		-	removed by the Governor for malfeasance, misfeasance, ~~898~~
1270		-	dishonesty, incompetency, or failure to perform the ~~duties 899~~
1271		-	imposed upon him or her by this act, and any vacancies that may ~~900~~
1272		-	occur in such office for such reasons shall be filled by the ~~901~~
1273		-	Governor as soon as practicable. ~~902~~
1274		-	(6) A majority of the members of the ~~boar d~~ constitutes a ~~903~~
1275		-	quorum for the purposes of ~~conducting~~ its business and ~~904~~
1276		-	exercising its powers and for all other purposes. Action taken ~~905~~
1277		-	by the district shall be upon a vote of a majority of the ~~906~~
1278		-	members present unless general law or a rule of the district ~~907~~
1279		-	requires a greater number. ~~908~~
1280		-	(7) As soon as ~~practicable~~ after each election or ~~909~~
1281		-	appointment, the board shall organize by electing one of its ~~910~~
1282		-	members as chair and by electing a secretary, who need not be a ~~911~~
1283		-	member of the board, and such other officers as the ~~boa rd~~ may ~~912~~
1284		-	deem necessary. ~~913~~
1285		-	(8) The board shall keep a permanent record book entitled ~~914~~
1286		-	"Record of Proceedings of Corkscrew Grove Stewardship District," ~~915~~
1287		-	in which shall be recorded minutes of all meetings, resolutions, ~~916~~
1288		-	proceedings, certificates, bonds given by ~~a ll~~ employees, and any ~~917~~
1289		-
1290		-	~~CS/~~HB 4041 2025
1291		-
1292		-
1293		-
1294		-	CODING: Words stricken are deletions; words underlined are additions.
1295		-	hb4041-~~01-c1~~
	1261	+	appointed and until their successors are chosen and qualified. 890
	1262	+	If, during the term of office, a vacancy occurs, the remaining 891
	1263	+	members of the board shall fill each vacancy by an appointment 892
	1264	+	for the remainder of the unexpired term. 893
	1265	+	(5) Any elected member of the board of supervisors may be 894
	1266	+	removed by the Governor for malfeasance, misfeasance, 895
	1267	+	dishonesty, incompetency, or failure to perform the du ties 896
	1268	+	imposed upon him or her by this act, and any vacancies that may 897
	1269	+	occur in such office for such reasons shall be filled by the 898
	1270	+	Governor as soon as practicable. 899
	1271	+	(6) A majority of the members of the board constitutes a 900
	1272	+	quorum for the purposes of conduct ing its business and 901
	1273	+	exercising its powers and for all other purposes. Action taken 902
	1274	+	by the district shall be upon a vote of a majority of the 903
	1275	+	members present unless general law or a rule of the district 904
	1276	+	requires a greater number. 905
	1277	+	(7) As soon as practicab le after each election or 906
	1278	+	appointment, the board shall organize by electing one of its 907
	1279	+	members as chair and by electing a secretary, who need not be a 908
	1280	+	member of the board, and such other officers as the board may 909
	1281	+	deem necessary. 910
	1282	+	(8) The board shall keep a permanent record book entitled 911
	1283	+	"Record of Proceedings of Corkscrew Grove Stewardship District," 912
	1284	+	in which shall be recorded minutes of all meetings, resolutions, 913
	1285	+	proceedings, certificates, bonds given by all employees, and any 914
	1286	+
	1287	+	HB 4041 2025
	1288	+
	1289	+
	1290	+
	1291	+	CODING: Words stricken are deletions; words underlined are additions.
	1292	+	hb4041-00
1296	1293		Page 38 of 102
1297	1294		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	1295
1299		-	and all corporate acts. The record book and all other district ~~918~~
1300		-	records shall at reasonable times be opened to inspection in the ~~919~~
1301		-	same manner as state, county, and municipal records pursuant to ~~920~~
1302		-	chapter 119, Florida Statutes. The record book shall be kept at ~~921~~
1303		-	the office or other regular place of business maintained by the ~~922~~
1304		-	board in a designated location in Collier County. ~~923~~
1305		-	(9) No supervisor shall be entitled to receive ~~924~~
1306		-	compensation for his or her services in excess of the limits ~~925~~
1307		-	established in s. 190.006(8), Florida Statutes, or any ~~successor 926~~
1308		-	statute thereto; however, each supervisor shall receive travel ~~927~~
1309		-	and per diem expenses as set forth in s. 112.061, Florida ~~928~~
1310		-	Statutes. ~~929~~
1311		-	(10) All meetings of the board shall be open to the public ~~930~~
1312		-	and governed by chapter 286, Florida Statutes. ~~931~~
1313		-	Section 6. Board of supervisors; general duties. — ~~932~~
1314		-	(1) DISTRICT MANAGER AND EMPLOYEES. —The board shall employ ~~933~~
1315		-	and fix the compensation of a district manager, who shall have ~~934~~
1316		-	charge and supervision of the works of ~~t he~~ district and shall be ~~935~~
1317		-	responsible for ~~preserving~~ and maintaining any improvement or ~~936~~
1318		-	facility constructed or erected pursuant of this act, for ~~937~~
1319		-	maintaining and operating the equipment owned by the district, ~~938~~
1320		-	and for performing such other duties as may be ~~p rescribed~~ by the ~~939~~
1321		-	board. It shall not be a ~~conflict~~ of interest or constitute an ~~940~~
1322		-	abuse of public position under chapter 112, Florida Statutes, ~~941~~
1323		-	for a board member, the district manager, or another employee of ~~942~~
1324		-
1325		-	~~CS/~~HB 4041 2025
1326		-
1327		-
1328		-
1329		-	CODING: Words stricken are deletions; words underlined are additions.
1330		-	hb4041-~~01-c1~~
	1296	+	and all corporate acts. The record book and all other district 915
	1297	+	records shall at reasonable times be opened to inspection in the 916
	1298	+	same manner as state, county, and municipal records pursuant to 917
	1299	+	chapter 119, Florida Statutes. The record book shall be kept at 918
	1300	+	the office or other regular place of business maintained by the 919
	1301	+	board in a designated location in Collier County. 920
	1302	+	(9) No supervisor shall be entitled to receive 921
	1303	+	compensation for his or her services in excess of the limits 922
	1304	+	established in s. 190.006(8), Florida Statutes, or any succe ssor 923
	1305	+	statute thereto; however, each supervisor shall receive travel 924
	1306	+	and per diem expenses as set forth in s. 112.061, Florida 925
	1307	+	Statutes. 926
	1308	+	(10) All meetings of the board shall be open to the public 927
	1309	+	and governed by chapter 286, Florida Statutes. 928
	1310	+	Section 6. Board of supervisors; general duties. — 929
	1311	+	(1) DISTRICT MANAGER AND EMPLOYEES. —The board shall employ 930
	1312	+	and fix the compensation of a district manager, who shall have 931
	1313	+	charge and supervision of the works of the district and shall be 932
	1314	+	responsible for preservi ng and maintaining any improvement or 933
	1315	+	facility constructed or erected pursuant of this act, for 934
	1316	+	maintaining and operating the equipment owned by the district, 935
	1317	+	and for performing such other duties as may be prescribed by the 936
	1318	+	board. It shall not be a conflic t of interest or constitute an 937
	1319	+	abuse of public position under chapter 112, Florida Statutes, 938
	1320	+	for a board member, the district manager, or another employee of 939
	1321	+
	1322	+	HB 4041 2025
	1323	+
	1324	+
	1325	+
	1326	+	CODING: Words stricken are deletions; words underlined are additions.
	1327	+	hb4041-00
1331	1328		Page 39 of 102
1332	1329		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	1330
1334		-	the district to be a stockholder, officer, or ~~emp loyee~~ of a ~~943~~
1335		-	landowner or an affiliate of a ~~landowner~~. The district manager ~~944~~
1336		-	may hire or otherwise employ and terminate the employment of ~~945~~
1337		-	such other persons, including, without limitation, professional, ~~946~~
1338		-	supervisory, and clerical employees, as may be necessary and ~~947~~
1339		-	authorized by the board. The compensation ~~and~~ other conditions ~~948~~
1340		-	of employment of the officers and employees of the district ~~949~~
1341		-	shall be as provided by the board. ~~950~~
1342		-	(2) TREASURER.—The board shall designate a person who is a ~~951~~
1343		-	resident of the state as ~~treasur er~~ of the district, who shall ~~952~~
1344		-	have charge of the funds of the district. Such funds shall be ~~953~~
1345		-	disbursed only upon the order of or pursuant to a resolution of ~~954~~
1346		-	the board by warrant or check countersigned by the treasurer and ~~955~~
1347		-	by such other person as may be ~~auth orized~~ by the board. The ~~956~~
1348		-	board may give the ~~treasurer~~ such other or additional powers and ~~957~~
1349		-	duties as the board may deem appropriate and may fix his or her ~~958~~
1350		-	compensation. The board may require the treasurer to give a bond ~~959~~
1351		-	in such amount, on such terms, and ~~wi th~~ such sureties as may be ~~960~~
1352		-	deemed satisfactory to the board to secure the performance by ~~961~~
1353		-	the treasurer of his or her powers and duties. The financial ~~962~~
1354		-	records of the board shall be audited by an independent ~~963~~
1355		-	certified public accountant in accordance with the requirements ~~964~~
1356		-	of general law. ~~965~~
1357		-	(3) PUBLIC DEPOSITORY. —The board is authorized to select ~~966~~
1358		-	as a depository for its funds any qualified public depository as ~~967~~
1359		-
1360		-	~~CS/~~HB 4041 2025
1361		-
1362		-
1363		-
1364		-	CODING: Words stricken are deletions; words underlined are additions.
1365		-	hb4041-~~01-c1~~
	1331	+	the district to be a stockholder, officer, or employee of a 940
	1332	+	landowner or an affiliate of a landown er. The district manager 941
	1333	+	may hire or otherwise employ and terminate the employment of 942
	1334	+	such other persons, including, without limitation, professional, 943
	1335	+	supervisory, and clerical employees, as may be necessary and 944
	1336	+	authorized by the board. The compensation an d other conditions 945
	1337	+	of employment of the officers and employees of the district 946
	1338	+	shall be as provided by the board. 947
	1339	+	(2) TREASURER.—The board shall designate a person who is a 948
	1340	+	resident of the state as treasurer of the district, who shall 949
	1341	+	have charge of the funds of the district. Such funds shall be 950
	1342	+	disbursed only upon the order of or pursuant to a resolution of 951
	1343	+	the board by warrant or check countersigned by the treasurer and 952
	1344	+	by such other person as may be authorized by the board. The 953
	1345	+	board may give the treas urer such other or additional powers and 954
	1346	+	duties as the board may deem appropriate and may fix his or her 955
	1347	+	compensation. The board may require the treasurer to give a bond 956
	1348	+	in such amount, on such terms, and with such sureties as may be 957
	1349	+	deemed satisfactory to the board to secure the performance by 958
	1350	+	the treasurer of his or her powers and duties. The financial 959
	1351	+	records of the board shall be audited by an independent 960
	1352	+	certified public accountant in accordance with the requirements 961
	1353	+	of general law. 962
	1354	+	(3) PUBLIC DEPOSITORY.—The board is authorized to select 963
	1355	+	as a depository for its funds any qualified public depository as 964
	1356	+
	1357	+	HB 4041 2025
	1358	+
	1359	+
	1360	+
	1361	+	CODING: Words stricken are deletions; words underlined are additions.
	1362	+	hb4041-00
1366	1363		Page 40 of 102
1367	1364		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	1365
1369		-	defined in s. 280.02, Florida Statutes, which meets all the ~~968~~
1370		-	requirements of chapter 280, Florida ~~Statu tes~~, and has been ~~969~~
1371		-	designated by the treasurer as a qualified public depository ~~970~~
1372		-	upon such terms and conditions as to the payment of interest by ~~971~~
1373		-	such depository upon the funds so deposited as the board may ~~972~~
1374		-	deem just and reasonable. ~~973~~
1375		-	(4) BUDGET; REPORTS AND REVIEWS.— ~~974~~
1376		-	(a) The district shall provide ~~financial~~ reports in such ~~975~~
1377		-	form and such manner as prescribed pursuant to this act and ~~976~~
1378		-	chapter 218, Florida Statutes, as amended from time to time. ~~977~~
1379		-	(b) On or before July 15 of each year, the district ~~978~~
1380		-	manager shall prepare a proposed budget for the ensuing ~~fiscal 979~~
1381		-	year to be submitted to the board for board approval. The ~~980~~
1382		-	proposed budget shall include at the direction of the board an ~~981~~
1383		-	estimate of all necessary expenditures of the district for the ~~982~~
1384		-	ensuing fiscal year ~~a nd~~ an estimate of income to the district ~~983~~
1385		-	from the taxes and assessments provided in this act. The board ~~984~~
1386		-	shall consider the proposed budget item by item and may either ~~985~~
1387		-	approve the budget as proposed by the district manager or modify ~~986~~
1388		-	the same in part or in ~~w hole~~. The board shall indicate its ~~987~~
1389		-	approval of the budget by resolution, which resolution shall ~~988~~
1390		-	provide for a hearing on the budget as approved. Notice of the ~~989~~
1391		-	hearing on the budget shall be published in a newspaper of ~~990~~
1392		-	general circulation in the area of the district once a week for ~~991~~
1393		-	2 consecutive weeks, ~~except~~ that the first publication shall be ~~992~~
1394		-
1395		-	~~CS/~~HB 4041 2025
1396		-
1397		-
1398		-
1399		-	CODING: Words stricken are deletions; words underlined are additions.
1400		-	hb4041-~~01-c1~~
	1366	+	defined in s. 280.02, Florida Statutes, which meets all the 965
	1367	+	requirements of chapter 280, Florida Statutes, and has been 966
	1368	+	designated by the treasurer as a qualified public depository 967
	1369	+	upon such terms and conditions as to the payment of interest by 968
	1370	+	such depository upon the funds so deposited as the board may 969
	1371	+	deem just and reasonable. 970
	1372	+	(4) BUDGET; REPORTS AND REVIEWS. — 971
	1373	+	(a) The district shall provide financ ial reports in such 972
	1374	+	form and such manner as prescribed pursuant to this act and 973
	1375	+	chapter 218, Florida Statutes, as amended from time to time. 974
	1376	+	(b) On or before July 15 of each year, the district 975
	1377	+	manager shall prepare a proposed budget for the ensuing fisca l 976
	1378	+	year to be submitted to the board for board approval. The 977
	1379	+	proposed budget shall include at the direction of the board an 978
	1380	+	estimate of all necessary expenditures of the district for the 979
	1381	+	ensuing fiscal year and an estimate of income to the district 980
	1382	+	from the taxes and assessments provided in this act. The board 981
	1383	+	shall consider the proposed budget item by item and may either 982
	1384	+	approve the budget as proposed by the district manager or modify 983
	1385	+	the same in part or in whole. The board shall indicate its 984
	1386	+	approval of the budget by resolution, which resolution shall 985
	1387	+	provide for a hearing on the budget as approved. Notice of the 986
	1388	+	hearing on the budget shall be published in a newspaper of 987
	1389	+	general circulation in the area of the district once a week for 988
	1390	+	2 consecutive weeks, ex cept that the first publication shall be 989
	1391	+
	1392	+	HB 4041 2025
	1393	+
	1394	+
	1395	+
	1396	+	CODING: Words stricken are deletions; words underlined are additions.
	1397	+	hb4041-00
1401	1398		Page 41 of 102
1402	1399		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	1400
1404		-	no less than 15 days prior to the date of the hearing. The ~~993~~
1405		-	notice shall further contain a designation of the day, time, and ~~994~~
1406		-	place of the public hearing. At the time ~~a nd~~ place designated in ~~995~~
1407		-	the notice, the board ~~shall~~ hear all objections to the budget as ~~996~~
1408		-	proposed and may make such changes as the board deems necessary. ~~997~~
1409		-	At the conclusion of the budget hearing, the board shall, by ~~998~~
1410		-	resolution, adopt the budget as finally ~~ap proved~~ by the board. ~~999~~
1411		-	The budget shall be adopted prior to October 1 of each year. ~~1000~~
1412		-	(c) At least 60 days prior to adoption, the board of ~~1001~~
1413		-	supervisors of the district shall submit to the Board of County ~~1002~~
1414		-	Commissioners of Collier County, for purposes of ~~disclo sure~~ and ~~1003~~
1415		-	information only, the proposed annual ~~budget~~ for the ensuing ~~1004~~
1416		-	fiscal year, and the commission may submit written comments to ~~1005~~
1417		-	the board of supervisors solely for the assistance and ~~1006~~
1418		-	information of the board of supervisors of the district in ~~1007~~
1419		-	adopting its annual district budget. ~~1008~~
1420		-	(d) The board of ~~supervisors~~ of the district shall submit ~~1009~~
1421		-	annually a public facilities report to the Board of County ~~1010~~
1422		-	Commissioners of Collier County pursuant to Florida Statutes. ~~1011~~
1423		-	The commission may use and rely on the district 's public ~~1012~~
1424		-	facilities report in the preparation or revision of the Collier ~~1013~~
1425		-	County comprehensive plan. ~~1014~~
1426		-	(5) DISCLOSURE OF PUBLIC INFORMATION; WEB -BASED PUBLIC ~~1015~~
1427		-	ACCESS.—The district shall take affirmative steps to provide for ~~1016~~
1428		-	the full disclosure of ~~informatio n~~ relating to the public ~~1017~~
1429		-
1430		-	~~CS/~~HB 4041 2025
1431		-
1432		-
1433		-
1434		-	CODING: Words stricken are deletions; words underlined are additions.
1435		-	hb4041-~~01-c1~~
	1401	+	no less than 15 days prior to the date of the hearing. The 990
	1402	+	notice shall further contain a designation of the day, time, and 991
	1403	+	place of the public hearing. At the time and place designated in 992
	1404	+	the notice, the board shal l hear all objections to the budget as 993
	1405	+	proposed and may make such changes as the board deems necessary. 994
	1406	+	At the conclusion of the budget hearing, the board shall, by 995
	1407	+	resolution, adopt the budget as finally approved by the board. 996
	1408	+	The budget shall be adopted prior to October 1 of each year. 997
	1409	+	(c) At least 60 days prior to adoption, the board of 998
	1410	+	supervisors of the district shall submit to the Board of County 999
	1411	+	Commissioners of Collier County, for purposes of disclosure and 1000
	1412	+	information only, the proposed annual bu dget for the ensuing 1001
	1413	+	fiscal year, and the commission may submit written comments to 1002
	1414	+	the board of supervisors solely for the assistance and 1003
	1415	+	information of the board of supervisors of the district in 1004
	1416	+	adopting its annual district budget. 1005
	1417	+	(d) The board of su pervisors of the district shall submit 1006
	1418	+	annually a public facilities report to the Board of County 1007
	1419	+	Commissioners of Collier County pursuant to Florida Statutes. 1008
	1420	+	The commission may use and rely on the district's public 1009
	1421	+	facilities report in the preparation or revision of the Collier 1010
	1422	+	County comprehensive plan. 1011
	1423	+	(5) DISCLOSURE OF PUBLIC INFORMATION; WEB -BASED PUBLIC 1012
	1424	+	ACCESS.—The district shall take affirmative steps to provide for 1013
	1425	+	the full disclosure of information relating to the public 1014
	1426	+
	1427	+	HB 4041 2025
	1428	+
	1429	+
	1430	+
	1431	+	CODING: Words stricken are deletions; words underlined are additions.
	1432	+	hb4041-00
1436	1433		Page 42 of 102
1437	1434		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	1435
1439		-	financing and ~~maintenance~~ of improvements to real property ~~1018~~
1440		-	undertaken by the district. Such information shall be made ~~1019~~
1441		-	available to all existing residents and all prospective ~~1020~~
1442		-	residents of the district. The district shall furnish ~~eac h 1021~~
1443		-	developer of a residential development within ~~the~~ district with ~~1022~~
1444		-	sufficient copies of that information to provide each ~~1023~~
1445		-	prospective initial purchaser of property in that development ~~1024~~
1446		-	with a copy; and any developer of a residential development ~~1025~~
1447		-	within the district, when required by law to provide a public ~~1026~~
1448		-	offering statement, shall include a copy of such information ~~1027~~
1449		-	relating to the public financing and maintenance of improvements ~~1028~~
1450		-	in the public offering statement. The district shall file the ~~1029~~
1451		-	disclosure documents required by this subsection and any ~~1030~~
1452		-	amendments thereto in the property records of each county in ~~1031~~
1453		-	which the district is located. By the end of the first full ~~1032~~
1454		-	fiscal year of the district's creation, the district shall ~~1033~~
1455		-	maintain an official Internet website ~~i n~~ accordance with s. ~~1034~~
1456		-	189.069, Florida Statutes. ~~1035~~
1457		-	(6) GENERAL POWERS. —The district shall have, and the board ~~1036~~
1458		-	may exercise, the following general powers: ~~1037~~
1459		-	(a) To sue and be sued in the name of the district; to ~~1038~~
1460		-	adopt and use a seal and authorize the use of a facsimile ~~1039~~
1461		-	thereof; to acquire, by purchase, ~~gift~~, devise, or otherwise, ~~1040~~
1462		-	and to dispose of, real and personal property, or any estate ~~1041~~
1463		-
1464		-	~~CS/~~HB 4041 2025
1465		-
1466		-
1467		-
1468		-	CODING: Words stricken are deletions; words underlined are additions.
1469		-	hb4041-~~01-c1~~
	1436	+	financing and maintenanc e of improvements to real property 1015
	1437	+	undertaken by the district. Such information shall be made 1016
	1438	+	available to all existing residents and all prospective 1017
	1439	+	residents of the district. The district shall furnish each 1018
	1440	+	developer of a residential development within t he district with 1019
	1441	+	sufficient copies of that information to provide each 1020
	1442	+	prospective initial purchaser of property in that development 1021
	1443	+	with a copy; and any developer of a residential development 1022
	1444	+	within the district, when required by law to provide a public 1023
	1445	+	offering statement, shall include a copy of such information 1024
	1446	+	relating to the public financing and maintenance of improvements 1025
	1447	+	in the public offering statement. The district shall file the 1026
	1448	+	disclosure documents required by this subsection and any 1027
	1449	+	amendments thereto in the property records of each county in 1028
	1450	+	which the district is located. By the end of the first full 1029
	1451	+	fiscal year of the district's creation, the district shall 1030
	1452	+	maintain an official Internet website in accordance with s. 1031
	1453	+	189.069, Florida Statutes. 1032
	1454	+	(6) GENERAL POWERS. —The district shall have, and the board 1033
	1455	+	may exercise, the following general powers: 1034
	1456	+	(a) To sue and be sued in the name of the district; to 1035
	1457	+	adopt and use a seal and authorize the use of a facsimile 1036
	1458	+	thereof; to acquire, by purchase, gif t, devise, or otherwise, 1037
	1459	+	and to dispose of, real and personal property, or any estate 1038
	1460	+
	1461	+	HB 4041 2025
	1462	+
	1463	+
	1464	+
	1465	+	CODING: Words stricken are deletions; words underlined are additions.
	1466	+	hb4041-00
1470	1467		Page 43 of 102
1471	1468		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	1469
1473		-	therein; and to make and execute contracts and other instruments ~~1042~~
1474		-	necessary or convenient to the exercise of its powers. ~~1043~~
1475		-	(b) To apply for coverage of its employees under the ~~1044~~
1476		-	Florida Retirement System in the same manner as if such ~~1045~~
1477		-	employees were state employees. ~~1046~~
1478		-	(c) To contract for the services of consultants to perform ~~1047~~
1479		-	planning, engineering, legal, or other appropriate services of a ~~1048~~
1480		-	professional nature. Such contracts shall be subject to public ~~1049~~
1481		-	bidding or competitive negotiation requirements as set forth in ~~1050~~
1482		-	general law applicable to independent special districts. ~~1051~~
1483		-	(d) To borrow money and accept gifts; to apply for and use ~~1052~~
1484		-	grants or loans of money or other property from the United ~~1053~~
1485		-	States, the state, a unit of local government, or any person for ~~1054~~
1486		-	any district purposes and ~~ent er~~ into agreements required in ~~1055~~
1487		-	connection therewith; and to hold, use, and dispose of such ~~1056~~
1488		-	moneys or property for any district purposes in accordance with ~~1057~~
1489		-	the terms of the gift, grant, loan, or agreement relating ~~1058~~
1490		-	thereto. ~~1059~~
1491		-	(e) To adopt and enforce rules ~~a nd~~ orders pursuant to ~~1060~~
1492		-	chapter 120, Florida Statutes, prescribing the powers, duties, ~~1061~~
1493		-	and functions of the officers of the district; the conduct of ~~1062~~
1494		-	the business of the district; the maintenance of records; and ~~1063~~
1495		-	the form of certificates evidencing tax liens ~~a nd~~ all other ~~1064~~
1496		-	documents and records of the district. The board may also adopt ~~1065~~
1497		-	and enforce administrative rules with respect to any of the ~~1066~~
1498		-
1499		-	~~CS/~~HB 4041 2025
1500		-
1501		-
1502		-
1503		-	CODING: Words stricken are deletions; words underlined are additions.
1504		-	hb4041-~~01-c1~~
	1470	+	therein; and to make and execute contracts and other instruments 1039
	1471	+	necessary or convenient to the exercise of its powers. 1040
	1472	+	(b) To apply for coverage of its employees under the 1041
	1473	+	Florida Retirement System in the same manner as if such 1042
	1474	+	employees were state employees. 1043
	1475	+	(c) To contract for the services of consultants to perform 1044
	1476	+	planning, engineering, legal, or other appropriate services of a 1045
	1477	+	professional nature. Such contracts shall be subject to public 1046
	1478	+	bidding or competitive negotiation requirements as set forth in 1047
	1479	+	general law applicable to independent special districts. 1048
	1480	+	(d) To borrow money and accept gifts; to apply for and use 1049
	1481	+	grants or loans of money or other property from the United 1050
	1482	+	States, the state, a unit of local government, or any person for 1051
	1483	+	any district purposes and enter into agreements required in 1052
	1484	+	connection therewith; and to hold, use, and dispose of such 1053
	1485	+	moneys or property for any district purposes in accordance with 1054
	1486	+	the terms of the gift, grant, loan, or agreement relating 1055
	1487	+	thereto. 1056
	1488	+	(e) To adopt and enforce rules and orders pursuant to 1057
	1489	+	chapter 120, Florida Statutes, prescribing the powers, duties, 1058
	1490	+	and functions of the officers of the district; the conduct of 1059
	1491	+	the business of the district; the maintenance of records; and 1060
	1492	+	the form of certificates evidencing tax liens and all other 1061
	1493	+	documents and records of the district. The board may also adopt 1062
	1494	+	and enforce administrative rules with respect to any of the 1063
	1495	+
	1496	+	HB 4041 2025
	1497	+
	1498	+
	1499	+
	1500	+	CODING: Words stricken are deletions; words underlined are additions.
	1501	+	hb4041-00
1505	1502		Page 44 of 102
1506	1503		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	1504
1508		-	projects of the district and define the area to be included ~~1067~~
1509		-	therein. The board may also adopt resolutions which may be ~~1068~~
1510		-	necessary for the conduct of district business. ~~1069~~
1511		-	(f) To maintain an office at such place or places as the ~~1070~~
1512		-	board of supervisors designates in Collier County and within the ~~1071~~
1513		-	district when facilities are available. ~~1072~~
1514		-	(g) To hold, control, and acquire by ~~donat ion~~, purchase, ~~1073~~
1515		-	or condemnation, or dispose of, any public easements, ~~1074~~
1516		-	dedications to public use, platted reservations for public ~~1075~~
1517		-	purposes, or any ~~reservations~~ for those purposes authorized by ~~1076~~
1518		-	this act and to make use of such easements, dedications, or ~~1077~~
1519		-	reservations for the purposes authorized by this act. ~~1078~~
1520		-	(h) To lease as lessor or lessee to or from any person, ~~1079~~
1521		-	firm, corporation, association, or body, ~~public~~ or private, any ~~1080~~
1522		-	projects of the type that the district is authorized to ~~1081~~
1523		-	undertake and facilities or ~~p roperty~~ of any nature for the use ~~1082~~
1524		-	of the district to carry out the purposes authorized by this ~~1083~~
1525		-	act. ~~1084~~
1526		-	(i) To borrow money and issue bonds, ~~certificates~~, ~~1085~~
1527		-	warrants, notes, or other evidence of indebtedness as provided ~~1086~~
1528		-	herein; to levy such taxes and ~~assessmen ts~~ as may be authorized; ~~1087~~
1529		-	and to charge, collect, and enforce fees and other user charges. ~~1088~~
1530		-	(j) To raise, by user charges or fees authorized by ~~1089~~
1531		-	resolution of the board, amounts of money which are necessary ~~1090~~
1532		-	for the conduct of district activities and ~~service s~~ and to ~~1091~~
1533		-
1534		-	~~CS/~~HB 4041 2025
1535		-
1536		-
1537		-
1538		-	CODING: Words stricken are deletions; words underlined are additions.
1539		-	hb4041-~~01-c1~~
	1505	+	projects of the district and define the area to be included 1064
	1506	+	therein. The board may also adopt resolutions which may be 1065
	1507	+	necessary for the conduct of district business. 1066
	1508	+	(f) To maintain an office at such place or places as the 1067
	1509	+	board of supervisors designates in Collier County and within the 1068
	1510	+	district when facilities are available. 1069
	1511	+	(g) To hold, control, and acquire by donation, purchase, 1070
	1512	+	or condemnation, or dispose of, any public easements, 1071
	1513	+	dedications to public use, platted reservations for public 1072
	1514	+	purposes, or any reser vations for those purposes authorized by 1073
	1515	+	this act and to make use of such easements, dedications, or 1074
	1516	+	reservations for the purposes authorized by this act. 1075
	1517	+	(h) To lease as lessor or lessee to or from any person, 1076
	1518	+	firm, corporation, association, or body, pu blic or private, any 1077
	1519	+	projects of the type that the district is authorized to 1078
	1520	+	undertake and facilities or property of any nature for the use 1079
	1521	+	of the district to carry out the purposes authorized by this 1080
	1522	+	act. 1081
	1523	+	(i) To borrow money and issue bonds, certificate s, 1082
	1524	+	warrants, notes, or other evidence of indebtedness as provided 1083
	1525	+	herein; to levy such taxes and assessments as may be authorized; 1084
	1526	+	and to charge, collect, and enforce fees and other user charges. 1085
	1527	+	(j) To raise, by user charges or fees authorized by 1086
	1528	+	resolution of the board, amounts of money which are necessary 1087
	1529	+	for the conduct of district activities and services and to 1088
	1530	+
	1531	+	HB 4041 2025
	1532	+
	1533	+
	1534	+
	1535	+	CODING: Words stricken are deletions; words underlined are additions.
	1536	+	hb4041-00
1540	1537		Page 45 of 102
1541	1538		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	1539
1543		-	enforce their receipt and collection in the manner prescribed by ~~1092~~
1544		-	resolution not inconsistent with law. ~~1093~~
1545		-	(k) To exercise all powers of ~~eminent~~ domain now or ~~1094~~
1546		-	hereafter conferred on counties in this state, provided, ~~1095~~
1547		-	~~however,~~ that such power of ~~emine nt~~ domain may not be exercised ~~1096~~
1548		-	~~outside~~ the territorial limits of the district unless the ~~1097~~
1549		-	~~district~~ receives prior approval by vote of a resolution of ~~the 1098~~
1550		-	~~governing~~ body of the county if the taking will occur in an ~~1099~~
1551		-	~~unincorporated~~ area in that county, or the governing body of the ~~1100~~
1552		-	~~city if the~~ taking will occur in an incorporated area. The ~~1101~~
1553		-	~~district shall~~ not have the power to exercise eminent domain ~~1102~~
1554		-	~~over municipal,~~ county, state, or federal property. The powers ~~1103~~
1555		-	~~hereinabove~~ granted to the district shall be so ~~con strued~~ to ~~1104~~
1556		-	~~enable the~~ district to fulfill the objects and purposes of the ~~1105~~
1557		-	~~district as~~ set forth in this act. ~~1106~~
1558		-	(l) To cooperate with, or contract with, other ~~1107~~
1559		-	governmental agencies as may be necessary, convenient, ~~1108~~
1560		-	incidental, or proper in connection with any of the powers, ~~1109~~
1561		-	duties, or purposes authorized by this act. ~~1110~~
1562		-	(m) To assess and to impose upon lands in the district ad ~~1111~~
1563		-	valorem taxes as provided by ~~this~~ act. ~~1112~~
1564		-	(n) If and when authorized by general law, to determine, ~~1113~~
1565		-	order, levy, impose, collect, and ~~enfo rce~~ maintenance taxes. ~~1114~~
1566		-	(o) To determine, order, levy, impose, collect, and ~~1115~~
1567		-	enforce assessments pursuant to this act and chapter 170, ~~1116~~
1568		-
1569		-	~~CS/~~HB 4041 2025
1570		-
1571		-
1572		-
1573		-	CODING: Words stricken are deletions; words underlined are additions.
1574		-	hb4041-~~01-c1~~
	1540	+	enforce their receipt and collection in the manner prescribed by 1089
	1541	+	resolution not inconsistent with law. 1090
	1542	+	(k) To exercise all powers of eminen t domain now or 1091
	1543	+	hereafter conferred on counties in this state provided, however, 1092
	1544	+	that such power of eminent domain may not be exercised outside 1093
	1545	+	the territorial limits of the district unless the district 1094
	1546	+	receives prior approval by vote of a resolution of th e governing 1095
	1547	+	body of the county if the taking will occur in an unincorporated 1096
	1548	+	area in that county, or the governing body of the city if the 1097
	1549	+	taking will occur in an incorporated area. The district shall 1098
	1550	+	not have the power to exercise eminent domain over muni cipal, 1099
	1551	+	county, state, or federal property. The powers hereinabove 1100
	1552	+	granted to the district shall be so construed to enable the 1101
	1553	+	district to fulfill the objects and purposes of the district as 1102
	1554	+	set forth in this act. 1103
	1555	+	(l) To cooperate with, or contract with, other 1104
	1556	+	governmental agencies as may be necessary, convenient, 1105
	1557	+	incidental, or proper in connection with any of the powers, 1106
	1558	+	duties, or purposes authorized by this act. 1107
	1559	+	(m) To assess and to impose upon lands in the district ad 1108
	1560	+	valorem taxes as provided by th is act. 1109
	1561	+	(n) If and when authorized by general law, to determine, 1110
	1562	+	order, levy, impose, collect, and enforce maintenance taxes. 1111
	1563	+	(o) To determine, order, levy, impose, collect, and 1112
	1564	+	enforce assessments pursuant to this act and chapter 170, 1113
	1565	+
	1566	+	HB 4041 2025
	1567	+
	1568	+
	1569	+
	1570	+	CODING: Words stricken are deletions; words underlined are additions.
	1571	+	hb4041-00
1575	1572		Page 46 of 102
1576	1573		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	1574
1578		-	Florida Statutes, as amended from time to time, pursuant to ~~1117~~
1579		-	authority granted in s. 197.3631, Florida Statutes, or ~~pursua nt 1118~~
1580		-	to other provisions of general law now or hereinafter enacted ~~1119~~
1581		-	which provide or authorize a supplemental means to order, levy, ~~1120~~
1582		-	impose, or collect ~~special~~ assessments. Such special ~~1121~~
1583		-	assessments, in the discretion of the district, may be collected ~~1122~~
1584		-	and enforced pursuant to ss. 197.3632 and 197.3635, Florida ~~1123~~
1585		-	Statutes, and chapters 170 and 173, Florida Statutes, as they ~~1124~~
1586		-	may be amended from time to time, or as provided by this act, or ~~1125~~
1587		-	by other means authorized by general law now or hereinafter ~~1126~~
1588		-	enacted. The district may levy such special assessments for the ~~1127~~
1589		-	purposes enumerated in this act and to pay special assessments ~~1128~~
1590		-	imposed by Collier County on lands within the district. ~~1129~~
1591		-	(p) To exercise such special powers and other express ~~1130~~
1592		-	powers as may be authorized and ~~gra nted~~ by this act in the ~~1131~~
1593		-	charter of the district, including powers as provided in any ~~1132~~
1594		-	interlocal agreement entered into pursuant to chapter 163, ~~1133~~
1595		-	Florida Statutes, or which shall be required or permitted to be ~~1134~~
1596		-	undertaken by the district pursuant to any ~~devel opment~~ order, ~~1135~~
1597		-	including any detailed specific area plan development order, or ~~1136~~
1598		-	any interlocal service agreement with Collier County or other ~~1137~~
1599		-	unit of government for fair -share capital construction funding ~~1138~~
1600		-	for any certain capital facilities or systems ~~require d~~ of a ~~1139~~
1601		-	developer pursuant to any applicable development order or ~~1140~~
1602		-	agreement. ~~1141~~
1603		-
1604		-	~~CS/~~HB 4041 2025
1605		-
1606		-
1607		-
1608		-	CODING: Words stricken are deletions; words underlined are additions.
1609		-	hb4041-~~01-c1~~
	1575	+	Florida Statutes, as amended from time to time, pursuant to 1114
	1576	+	authority granted in s. 197.3631, Florida Statutes, or pursuant 1115
	1577	+	to other provisions of general law now or hereinafter enacted 1116
	1578	+	which provide or authorize a supplemental means to order, levy, 1117
	1579	+	impose, or collect spe cial assessments. Such special 1118
	1580	+	assessments, in the discretion of the district, may be collected 1119
	1581	+	and enforced pursuant to ss. 197.3632 and 197.3635, Florida 1120
	1582	+	Statutes, and chapters 170 and 173, Florida Statutes, as they 1121
	1583	+	may be amended from time to time, or a s provided by this act, or 1122
	1584	+	by other means authorized by general law now or hereinafter 1123
	1585	+	enacted. The district may levy such special assessments for the 1124
	1586	+	purposes enumerated in this act and to pay special assessments 1125
	1587	+	imposed by Collier County on lands within the district. 1126
	1588	+	(p) To exercise such special powers and other express 1127
	1589	+	powers as may be authorized and granted by this act in the 1128
	1590	+	charter of the district, including powers as provided in any 1129
	1591	+	interlocal agreement entered into pursuant to chapter 163, 1130
	1592	+	Florida Statutes, or which shall be required or permitted to be 1131
	1593	+	undertaken by the district pursuant to any development order, 1132
	1594	+	including any detailed specific area plan development order, or 1133
	1595	+	any interlocal service agreement with Collier County or other 1134
	1596	+	unit of government for fair-share capital construction funding 1135
	1597	+	for any certain capital facilities or systems required of a 1136
	1598	+	developer pursuant to any applicable development order or 1137
	1599	+	agreement. 1138
	1600	+
	1601	+	HB 4041 2025
	1602	+
	1603	+
	1604	+
	1605	+	CODING: Words stricken are deletions; words underlined are additions.
	1606	+	hb4041-00
1610	1607		Page 47 of 102
1611	1608		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
1612	1609
1613		-	(q) To exercise all of the powers necessary, convenient, ~~1142~~
1614		-	incidental, or proper in connection with any other powers or ~~1143~~
1615		-	duties or the special and limited purpose of the district ~~1144~~
1616		-	authorized by this act. ~~1145~~
1617		-	~~1146~~
1618		-	This subsection shall be construed liberally in order to carry ~~1147~~
1619		-	out effectively the special and limited purpose of this act. ~~1148~~
1620		-	(7) SPECIAL POWERS. —The district shall have, and the board ~~1149~~
1621		-	may exercise, the following special powers to ~~im plement~~ its ~~1150~~
1622		-	lawful and special purpose and to provide, pursuant to that ~~1151~~
1623		-	purpose, systems, facilities, services, improvements, projects, ~~1152~~
1624		-	works, and infrastructure, each of which constitutes a lawful ~~1153~~
1625		-	public purpose when exercised pursuant to this charter, ~~su bject 1154~~
1626		-	to, and not inconsistent with, general law regarding utility ~~1155~~
1627		-	providers' territorial and service agreements, the regulatory ~~1156~~
1628		-	jurisdiction and ~~permitting~~ authority of all other applicable ~~1157~~
1629		-	governmental bodies, agencies, and any special districts having ~~1158~~
1630		-	authority with respect to any area included therein, and to ~~1159~~
1631		-	plan, establish, acquire, construct or reconstruct, enlarge or ~~1160~~
1632		-	extend, equip, operate, ~~finance~~, fund, and maintain ~~1161~~
1633		-	improvements, systems, facilities, services, works, projects, ~~1162~~
1634		-	and infrastructure. If the district's special powers in ~~1163~~
1635		-	paragraph (b) and the Immokalee Water and Sewer District's ~~1164~~
1636		-	powers will cause unnecessary duplication of services ~~and 1165~~
1637		-	facilities, the district and the Immokalee Water and Sewer ~~1166~~
1638		-
1639		-	~~CS/~~HB 4041 2025
1640		-
1641		-
1642		-
1643		-	CODING: Words stricken are deletions; words underlined are additions.
1644		-	hb4041-~~01-c1~~
	1610	+	(q) To exercise all of the powers necessary, convenient, 1139
	1611	+	incidental, or proper in connection with any other powers or 1140
	1612	+	duties or the special and limited purpose of the district 1141
	1613	+	authorized by this act. 1142
	1614	+	1143
	1615	+	This subsection shall be construed liberally in order to carry 1144
	1616	+	out effectively the special and limited purpose of this act. 1145
	1617	+	(7) SPECIAL POWERS.—The district shall have, and the board 1146
	1618	+	may exercise, the following special powers to implement its 1147
	1619	+	lawful and special purpose and to provide, pursuant to that 1148
	1620	+	purpose, systems, facilities, services, improvements, projects, 1149
	1621	+	works, and infrastructure, each of which constitutes a lawful 1150
	1622	+	public purpose when exercised pursuant to this charter, subject 1151
	1623	+	to, and not inconsistent with, general law regarding utility 1152
	1624	+	providers' territorial and service agreements, the regulatory 1153
	1625	+	jurisdiction and permi tting authority of all other applicable 1154
	1626	+	governmental bodies, agencies, and any special districts having 1155
	1627	+	authority with respect to any area included therein, and to 1156
	1628	+	plan, establish, acquire, construct or reconstruct, enlarge or 1157
	1629	+	extend, equip, operate, finan ce, fund, and maintain 1158
	1630	+	improvements, systems, facilities, services, works, projects, 1159
	1631	+	and infrastructure. If the district's special powers in 1160
	1632	+	paragraph (b) and the Immokalee Water and Sewer District's 1161
	1633	+	powers will cause unnecessary duplication of services an d 1162
	1634	+	facilities, the district and the Immokalee Water and Sewer 1163
	1635	+
	1636	+	HB 4041 2025
	1637	+
	1638	+
	1639	+
	1640	+	CODING: Words stricken are deletions; words underlined are additions.
	1641	+	hb4041-00
1645	1642		Page 48 of 102
1646	1643		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
1647	1644
1648		-	District shall enter into an interlocal ~~agre ement~~ to avoid ~~1167~~
1649		-	inefficiencies and jointly exercise their common powers and ~~1168~~
1650		-	authority. Nothing herein shall preempt the powers and authority ~~1169~~
1651		-	of the Immokalee Water and Sewer District. Any or all of the ~~1170~~
1652		-	following special powers are granted by this act in ~~ord er~~ to ~~1171~~
1653		-	implement the special and limited purpose of the district but do ~~1172~~
1654		-	not constitute obligations to undertake such improvements, ~~1173~~
1655		-	systems, facilities, services, works, projects, or ~~1174~~
1656		-	infrastructure: ~~1175~~
1657		-	(a) To provide water management and control for the lands ~~1176~~
1658		-	within the district, including irrigation systems and ~~1177~~
1659		-	facilities, and to connect some or any of such facilities with ~~1178~~
1660		-	roads and bridges. In the event ~~that~~ the board assumes the ~~1179~~
1661		-	responsibility for providing water management and control for ~~1180~~
1662		-	the district which is to be financed by benefit special ~~1181~~
1663		-	assessments, the board shall adopt plans and assessments ~~1182~~
1664		-	pursuant to law or may proceed to adopt water management and ~~1183~~
1665		-	control plans, assess for benefits, and apportion and levy ~~1184~~
1666		-	special assessments, as follows: ~~1185~~
1667		-	1. The board shall cause to be made by the district's ~~1186~~
1668		-	engineer, or such other engineer or engineers as the board may ~~1187~~
1669		-	employ for that purpose, complete and ~~comprehensive~~ water ~~1188~~
1670		-	management and control plans for the lands located within the ~~1189~~
1671		-	district that will be ~~im proved~~ in any part or in whole by any ~~1190~~
1672		-	system of facilities that may be outlined and adopted, and the ~~1191~~
1673		-
1674		-	~~CS/~~HB 4041 2025
1675		-
1676		-
1677		-
1678		-	CODING: Words stricken are deletions; words underlined are additions.
1679		-	hb4041-~~01-c1~~
	1645	+	District shall enter into an interlocal agreement to avoid 1164
	1646	+	inefficiencies and jointly exercise their common powers and 1165
	1647	+	authority. Nothing herein shall preempt the powers and authority 1166
	1648	+	of the Immokalee Water and Sewer District. Any or all of the 1167
	1649	+	following special powers are granted by this act in order to 1168
	1650	+	implement the special and limited purpose of the district but do 1169
	1651	+	not constitute obligations to undertake such improvements, 1170
	1652	+	systems, facilities, services, works, projects or 1171
	1653	+	infrastructure: 1172
	1654	+	(a) To provide water management and control for the lands 1173
	1655	+	within the district, including irrigation systems and 1174
	1656	+	facilities, and to connect some or any of such facilities with 1175
	1657	+	roads and bridges. In the event th at the board assumes the 1176
	1658	+	responsibility for providing water management and control for 1177
	1659	+	the district which is to be financed by benefit special 1178
	1660	+	assessments, the board shall adopt plans and assessments 1179
	1661	+	pursuant to law or may proceed to adopt water management and 1180
	1662	+	control plans, assess for benefits, and apportion and levy 1181
	1663	+	special assessments, as follows: 1182
	1664	+	1. The board shall cause to be made by the district's 1183
	1665	+	engineer, or such other engineer or engineers as the board may 1184
	1666	+	employ for that purpose, complete and co mprehensive water 1185
	1667	+	management and control plans for the lands located within the 1186
	1668	+	district that will be improved in any part or in whole by any 1187
	1669	+	system of facilities that may be outlined and adopted, and the 1188
	1670	+
	1671	+	HB 4041 2025
	1672	+
	1673	+
	1674	+
	1675	+	CODING: Words stricken are deletions; words underlined are additions.
	1676	+	hb4041-00
1680	1677		Page 49 of 102
1681	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
1682	1679
1683		-	engineer shall make a report in writing to the ~~board~~ with maps ~~1192~~
1684		-	and profiles of said surveys and an estimate of the cost of ~~1193~~
1685		-	carrying out and completing the plans. ~~1194~~
1686		-	2. Upon the completion of such plans, the board shall hold ~~1195~~
1687		-	a hearing thereon to hear objections thereto, shall give notice ~~1196~~
1688		-	of the time and ~~place~~ fixed for such hearing by publication once ~~1197~~
1689		-	each week for 2 consecutive weeks in a newspaper of general ~~1198~~
1690		-	circulation in the general area of the district, and shall ~~1199~~
1691		-	permit the inspection of the plan at the office of the district ~~1200~~
1692		-	by all persons interested. ~~All~~ objections to the plan shall be ~~1201~~
1693		-	filed at or before the time fixed in the notice for the hearing ~~1202~~
1694		-	and shall be in writing. ~~1203~~
1695		-	3. After the hearing, the board shall consider the ~~1204~~
1696		-	proposed plan and any objections thereto and may modify, reject, ~~1205~~
1697		-	or adopt the plan or continue the hearing until a day certain ~~1206~~
1698		-	for further consideration of the proposed plan or ~~modifi cations 1207~~
1699		-	thereof. ~~1208~~
1700		-	4. When the board approves a plan, a resolution shall be ~~1209~~
1701		-	adopted and a certified copy thereof shall be filed in the ~~1210~~
1702		-	office of the secretary and incorporated by him or her into the ~~1211~~
1703		-	records of the district. ~~1212~~
1704		-	5. The water management and ~~co ntrol~~ plan may be altered in ~~1213~~
1705		-	detail from time to time until the engineer's report pursuant to ~~1214~~
1706		-	s. 298.301, Florida Statutes, is filed but not in such ~~manner~~ as ~~1215~~
1707		-	to affect materially the conditions of its adoption. After the ~~1216~~
1708		-
1709		-	~~CS/~~HB 4041 2025
1710		-
1711		-
1712		-
1713		-	CODING: Words stricken are deletions; words underlined are additions.
1714		-	hb4041-~~01-c1~~
	1680	+	engineer shall make a report in writing to the boar d with maps 1189
	1681	+	and profiles of said surveys and an estimate of the cost of 1190
	1682	+	carrying out and completing the plans. 1191
	1683	+	2. Upon the completion of such plans, the board shall hold 1192
	1684	+	a hearing thereon to hear objections thereto, shall give notice 1193
	1685	+	of the time and plac e fixed for such hearing by publication once 1194
	1686	+	each week for 2 consecutive weeks in a newspaper of general 1195
	1687	+	circulation in the general area of the district, and shall 1196
	1688	+	permit the inspection of the plan at the office of the district 1197
	1689	+	by all persons interested. A ll objections to the plan shall be 1198
	1690	+	filed at or before the time fixed in the notice for the hearing 1199
	1691	+	and shall be in writing. 1200
	1692	+	3. After the hearing, the board shall consider the 1201
	1693	+	proposed plan and any objections thereto and may modify, reject, 1202
	1694	+	or adopt the plan or continue the hearing until a day certain 1203
	1695	+	for further consideration of the proposed plan or modifications 1204
	1696	+	thereof. 1205
	1697	+	4. When the board approves a plan, a resolution shall be 1206
	1698	+	adopted and a certified copy thereof shall be filed in the 1207
	1699	+	office of the secretary and incorporated by him or her into the 1208
	1700	+	records of the district. 1209
	1701	+	5. The water management and control plan may be altered in 1210
	1702	+	detail from time to time until the engineer's report pursuant to 1211
	1703	+	s. 298.301, Florida Statutes, is filed but not in such man ner as 1212
	1704	+	to affect materially the conditions of its adoption. After the 1213
	1705	+
	1706	+	HB 4041 2025
	1707	+
	1708	+
	1709	+
	1710	+	CODING: Words stricken are deletions; words underlined are additions.
	1711	+	hb4041-00
1715	1712		Page 50 of 102
1716	1713		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
1717	1714
1718		-	engineer's report has been filed, no alteration of the plan ~~1217~~
1719		-	shall be made, except as provided by this act. ~~1218~~
1720		-	6. Within 20 days after the final adoption of the plan by ~~1219~~
1721		-	the board, the board shall proceed pursuant to s. 298.301, ~~1220~~
1722		-	Florida Statutes. ~~1221~~
1723		-	(b) To provide, subject to the Immokalee ~~Wat er~~ and Sewer ~~1222~~
1724		-	District's utility systems, water supply, sewer, wastewater, and ~~1223~~
1725		-	reclaimed water management, reclamation, and reuse, or any ~~1224~~
1726		-	combination thereof, and any irrigation systems, facilities, and ~~1225~~
1727		-	services and to construct and operate water systems, ~~s ewer 1226~~
1728		-	systems, irrigation systems, and reclaimed water systems such as ~~1227~~
1729		-	connecting intercepting or outlet sewers and sewer mains and ~~1228~~
1730		-	pipes and water mains, conduits, or pipelines in, along, and ~~1229~~
1731		-	under any street, alley, highway, or other public place or ways, ~~1230~~
1732		-	and to dispose of any water, effluent, residue, or other ~~1231~~
1733		-	byproducts of such water system, sewer system, irrigation ~~1232~~
1734		-	~~system,~~ or reclaimed water system and to enter into interlocal ~~1233~~
1735		-	agreements and other agreements with public or private entities ~~1234~~
1736		-	for the same. Nothing herein shall permit the district to ~~1235~~
1737		-	adversely impact the Immokalee Water and Sewer District's bond ~~1236~~
1738		-	resolutions or covenants. The Immokalee Water and Sewer District ~~1237~~
1739		-	and the district will work in good faith to address any such ~~1238~~
1740		-	adverse impacts ~~throug h~~ an interlocal agreement or other means. ~~1239~~
1741		-	(c) To provide bridges, culverts, wildlife corridors, or ~~1240~~
1742		-	road crossings that may be needed across any drain, ditch, ~~1241~~
1743		-
1744		-	~~CS/~~HB 4041 2025
1745		-
1746		-
1747		-
1748		-	CODING: Words stricken are deletions; words underlined are additions.
1749		-	hb4041-~~01-c1~~
	1715	+	engineer's report has been filed, no alteration of the plan 1214
	1716	+	shall be made, except as provided by this act. 1215
	1717	+	6. Within 20 days after the final adoption of the plan by 1216
	1718	+	the board, the board shall proceed pursuant to s. 298.301, 1217
	1719	+	Florida Statutes. 1218
	1720	+	(b) To provide, subject to the Immokalee Water and Sewer 1219
	1721	+	District's utility systems, water supply, sewer, wastewater, and 1220
	1722	+	reclaimed water management, reclamation, and reuse, or any 1221
	1723	+	combination thereof, and any irrigation systems, facilities, and 1222
	1724	+	services and to construct and operate water systems, sewer 1223
	1725	+	systems, irrigation systems, and reclaimed water systems such as 1224
	1726	+	connecting intercepting or outlet sewers and sewer mains and 1225
	1727	+	pipes and water mains , conduits, or pipelines in, along, and 1226
	1728	+	under any street, alley, highway, or other public place or ways, 1227
	1729	+	and to dispose of any water, effluent, residue, or other 1228
	1730	+	byproducts of such water system, sewer system, irrigation system 1229
	1731	+	or reclaimed water system and to enter into interlocal 1230
	1732	+	agreements and other agreements with public or private entities 1231
	1733	+	for the same. Nothing herein shall permit the district to 1232
	1734	+	adversely impact the Immokalee Water and Sewer District's bond 1233
	1735	+	resolutions or covenants. The Immokalee Water and Sewer District 1234
	1736	+	and the district will work in good faith to address any such 1235
	1737	+	adverse impacts through an interlocal agreement or other means. 1236
	1738	+	(c) To provide bridges, culverts, wildlife corridors, or 1237
	1739	+	road crossings that may be needed across any drain, ditch, 1238
	1740	+
	1741	+	HB 4041 2025
	1742	+
	1743	+
	1744	+
	1745	+	CODING: Words stricken are deletions; words underlined are additions.
	1746	+	hb4041-00
1750	1747		Page 51 of 102
1751	1748		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
1752	1749
1753		-	canal, floodway, holding basin, excavation, public highway, ~~1242~~
1754		-	tract, grade, fill, or cut and ~~roadw ays~~ over levees and ~~1243~~
1755		-	embankments, and to construct any and all of such works and ~~1244~~
1756		-	improvements across, through, or over any public right -of-way, ~~1245~~
1757		-	highway, grade, fill, or cut. ~~1246~~
1758		-	(d) To provide district or other roads equal to or ~~1247~~
1759		-	exceeding the specifications of the county in which such ~~1248~~
1760		-	district or other roads are located, and to provide street ~~1249~~
1761		-	lights. This special power includes, but is not limited to, ~~1250~~
1762		-	roads, parkways, intersections, bridges, landscaping, ~~1251~~
1763		-	hardscaping, irrigation, bicycle lanes, sidewalks, ~~jogg ing 1252~~
1764		-	paths, multiuse pathways and trails, street lighting, traffic ~~1253~~
1765		-	signals, regulatory or informational signage, road striping, ~~1254~~
1766		-	underground conduit, ~~underground~~ cable or fiber or wire ~~1255~~
1767		-	installed pursuant to an agreement with or tariff of a retail ~~1256~~
1768		-	provider of services, and all other customary elements of a ~~1257~~
1769		-	functioning modern road system in general or as tied to the ~~1258~~
1770		-	conditions of development approval for the ~~area~~ within and ~~1259~~
1771		-	without the district, and parking facilities that are ~~1260~~
1772		-	freestanding or that may be ~~relate d~~ to any innovative strategic ~~1261~~
1773		-	intermodal system of transportation pursuant to applicable ~~1262~~
1774		-	federal, state, and local law and ordinance. ~~1263~~
1775		-	(e) To provide buses, trolleys, rail access, mass transit ~~1264~~
1776		-	facilities, transit shelters, ridesharing facilities and ~~1265~~
1777		-	services, parking improvements, and related signage. ~~1266~~
1778		-
1779		-	~~CS/~~HB 4041 2025
1780		-
1781		-
1782		-
1783		-	CODING: Words stricken are deletions; words underlined are additions.
1784		-	hb4041-~~01-c1~~
	1750	+	canal, floodway, holding basin, excavation, public highway, 1239
	1751	+	tract, grade, fill, or cut and roadways over levees and 1240
	1752	+	embankments, and to construct any and all of such works and 1241
	1753	+	improvements across, through, or over any public right -of-way, 1242
	1754	+	highway, grade, fill, or cut. 1243
	1755	+	(d) To provide district or other roads equal to or 1244
	1756	+	exceeding the specifications of the county in which such 1245
	1757	+	district or other roads are located, and to provide street 1246
	1758	+	lights. This special power includes, but is not limited to, 1247
	1759	+	roads, parkways, intersections, bridges, landscaping, 1248
	1760	+	hardscaping, irrigation, bicycle lanes, sidewalks, jogging 1249
	1761	+	paths, multiuse pathways and trails, street lighting, traffic 1250
	1762	+	signals, regulatory or informational signage, road striping, 1251
	1763	+	underground conduit, underg round cable or fiber or wire 1252
	1764	+	installed pursuant to an agreement with or tariff of a retail 1253
	1765	+	provider of services, and all other customary elements of a 1254
	1766	+	functioning modern road system in general or as tied to the 1255
	1767	+	conditions of development approval for the ar ea within and 1256
	1768	+	without the district, and parking facilities that are 1257
	1769	+	freestanding or that may be related to any innovative strategic 1258
	1770	+	intermodal system of transportation pursuant to applicable 1259
	1771	+	federal, state, and local law and ordinance. 1260
	1772	+	(e) To provide buses, trolleys, rail access, mass transit 1261
	1773	+	facilities, transit shelters, ridesharing facilities and 1262
	1774	+	services, parking improvements, and related signage. 1263
	1775	+
	1776	+	HB 4041 2025
	1777	+
	1778	+
	1779	+
	1780	+	CODING: Words stricken are deletions; words underlined are additions.
	1781	+	hb4041-00
1785	1782		Page 52 of 102
1786	1783		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
1787	1784
1788		-	(f) To provide investigation and remediation costs ~~1267~~
1789		-	associated with the cleanup of actual or perceived environmental ~~1268~~
1790		-	contamination within the district under the supervision or ~~1269~~
1791		-	direction of a competent ~~govern mental~~ authority unless the ~~1270~~
1792		-	covered costs benefit any person who is a landowner within the ~~1271~~
1793		-	district and who caused or contributed to the contamination. ~~1272~~
1794		-	(g) To provide observation areas, mitigation areas, ~~1273~~
1795		-	wetland creation areas, and wildlife habitat, ~~incl uding~~ the ~~1274~~
1796		-	maintenance of any plant or animal species, and any related ~~1275~~
1797		-	interest in real or personal property. ~~1276~~
1798		-	(h) Using its general and special powers as set forth in ~~1277~~
1799		-	this act, to provide any other project within or without the ~~1278~~
1800		-	boundaries of the district when the project is the subject of an ~~1279~~
1801		-	agreement between the district and the Board of County ~~1280~~
1802		-	Commissioners of Collier County or with any other ~~applicable 1281~~
1803		-	public or private entity, and is not inconsistent with the ~~1282~~
1804		-	effective local comprehensive plans. ~~1283~~
1805		-	(i) To provide parks and facilities for indoor and outdoor ~~1284~~
1806		-	recreational, cultural, and educational uses. ~~1285~~
1807		-	(j) To provide school buildings and related ~~structures~~, ~~1286~~
1808		-	which may be leased, sold, or donated to the school district, ~~1287~~
1809		-	for use in the educational system ~~w hen~~ authorized by the ~~1288~~
1810		-	district school board. ~~1289~~
1811		-	(k) To provide security, including electronic intrusion -~~1290~~
1812		-	detection systems and patrol vehicles, when ~~authorized~~ by proper ~~1291~~
1813		-
1814		-	~~CS/~~HB 4041 2025
1815		-
1816		-
1817		-
1818		-	CODING: Words stricken are deletions; words underlined are additions.
1819		-	hb4041-~~01-c1~~
	1785	+	(f) To provide investigation and remediation costs 1264
	1786	+	associated with the cleanup of actual or perceived environmental 1265
	1787	+	contamination within the district under the supervision or 1266
	1788	+	direction of a competent governmental authority unless the 1267
	1789	+	covered costs benefit any person who is a landowner within the 1268
	1790	+	district and who caused or contributed to the contamination. 1269
	1791	+	(g) To provide observation areas, mitigation areas, 1270
	1792	+	wetland creation areas, and wildlife habitat, including the 1271
	1793	+	maintenance of any plant or animal species, and any related 1272
	1794	+	interest in real or personal property. 1273
	1795	+	(h) Using its general and special powers as set forth in 1274
	1796	+	this act, to provide any other project within or without the 1275
	1797	+	boundaries of the district when the project is the subject of an 1276
	1798	+	agreement between the district and the Board of County 1277
	1799	+	Commissioners of Collier County or with any other applicabl e 1278
	1800	+	public or private entity, and is not inconsistent with the 1279
	1801	+	effective local comprehensive plans. 1280
	1802	+	(i) To provide parks and facilities for indoor and outdoor 1281
	1803	+	recreational, cultural, and educational uses. 1282
	1804	+	(j) To provide school buildings and related struc tures, 1283
	1805	+	which may be leased, sold, or donated to the school district, 1284
	1806	+	for use in the educational system when authorized by the 1285
	1807	+	district school board. 1286
	1808	+	(k) To provide security, including electronic intrusion -1287
	1809	+	detection systems and patrol vehicles, when autho rized by proper 1288
	1810	+
	1811	+	HB 4041 2025
	1812	+
	1813	+
	1814	+
	1815	+	CODING: Words stricken are deletions; words underlined are additions.
	1816	+	hb4041-00
1820	1817		Page 53 of 102
1821	1818		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
1822	1819
1823		-	governmental agencies, and to contract with the appropriate ~~1292~~
1824		-	local general-purpose government agencies for an increased level ~~1293~~
1825		-	of such services within the district boundaries. However, this ~~1294~~
1826		-	paragraph does not prohibit the district from ~~contracting~~ with a ~~1295~~
1827		-	towing operator to remove a vehicle or vessel from a district -~~1296~~
1828		-	owned facility or property if the district follows the ~~1297~~
1829		-	authorization and notice and procedural requirements in s. ~~1298~~
1830		-	715.07, Florida Statutes, for an owner or lessee of private ~~1299~~
1831		-	property. The district's selection of a towing operator is not ~~1300~~
1832		-	subject to public bidding if the towing operator is included in ~~1301~~
1833		-	an approved list of tow operators maintained by the local ~~1302~~
1834		-	government that has jurisdiction over the district's facility or ~~1303~~
1835		-	property. ~~1304~~
1836		-	(l) To provide control and elimination of mosquitoes and ~~1305~~
1837		-	other arthropods of public health importance. ~~1306~~
1838		-	(m) To enter into impact fee, mobility fee, or other ~~1307~~
1839		-	similar credit agreements with Collier County or other ~~1308~~
1840		-	governmental bodies or a landowner developer and to sell or ~~1309~~
1841		-	assign such credits, on such terms as the district deems ~~1310~~
1842		-	appropriate. ~~1311~~
1843		-	(n) To provide buildings and structures for district ~~1312~~
1844		-	offices, maintenance facilities, meeting facilities, town ~~1313~~
1845		-	centers, stadiums, or any other project authorized or ~~granted~~ by ~~1314~~
1846		-	this act. ~~1315~~
1847		-
1848		-	~~CS/~~HB 4041 2025
1849		-
1850		-
1851		-
1852		-	CODING: Words stricken are deletions; words underlined are additions.
1853		-	hb4041-~~01-c1~~
	1820	+	governmental agencies, and to contract with the appropriate 1289
	1821	+	local general-purpose government agencies for an increased level 1290
	1822	+	of such services within the district boundaries. However, this 1291
	1823	+	paragraph does not prohibit the district from contra cting with a 1292
	1824	+	towing operator to remove a vehicle or vessel from a district -1293
	1825	+	owned facility or property if the district follows the 1294
	1826	+	authorization and notice and procedural requirements in s. 1295
	1827	+	715.07, Florida Statutes, for an owner or lessee of private 1296
	1828	+	property. The district's selection of a towing operator is not 1297
	1829	+	subject to public bidding if the towing operator is included in 1298
	1830	+	an approved list of tow operators maintained by the local 1299
	1831	+	government that has jurisdiction over the district's facility or 1300
	1832	+	property. 1301
	1833	+	(l) To provide control and elimination of mosquitoes and 1302
	1834	+	other arthropods of public health importance. 1303
	1835	+	(m) To enter into impact fee, mobility fee, or other 1304
	1836	+	similar credit agreements with Collier County or other 1305
	1837	+	governmental bodies or a landowner developer and to sell or 1306
	1838	+	assign such credits, on such terms as the district deems 1307
	1839	+	appropriate. 1308
	1840	+	(n) To provide buildings and structures for district 1309
	1841	+	offices, maintenance facilities, meeting facilities, town 1310
	1842	+	centers, stadiums or any other project authorized or gran ted by 1311
	1843	+	this act. 1312
	1844	+
	1845	+	HB 4041 2025
	1846	+
	1847	+
	1848	+
	1849	+	CODING: Words stricken are deletions; words underlined are additions.
	1850	+	hb4041-00
1854	1851		Page 54 of 102
1855	1852		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
1856	1853
1857		-	(o) To establish and create, at noticed meetings, such ~~1316~~
1858		-	departments of the board of ~~s upervisors~~ of the district, as well ~~1317~~
1859		-	as committees, task forces, boards, or commissions, or other ~~1318~~
1860		-	agencies under the supervision and control of the ~~district~~, as ~~1319~~
1861		-	from time to time the members of the board may deem necessary or ~~1320~~
1862		-	desirable in the performance of the acts or other things ~~1321~~
1863		-	necessary to exercise the board's general or special powers to ~~1322~~
1864		-	implement an innovative project to carry out the special and ~~1323~~
1865		-	limited purpose of the district as provided in this act and to ~~1324~~
1866		-	delegate the exercise of its powers to such departments, boards, ~~1325~~
1867		-	task forces, committees, or other agencies, and such ~~1326~~
1868		-	administrative duties and other powers as the board may deem ~~1327~~
1869		-	necessary or desirable, but only if there is a set of expressed ~~1328~~
1870		-	limitations for accountability, notice, and periodic ~~wri tten 1329~~
1871		-	reporting to the board that shall retain the powers of the ~~1330~~
1872		-	board. ~~1331~~
1873		-	(p) To provide electrical, sustainable, or green ~~1332~~
1874		-	infrastructure improvements, ~~facilities~~, and services, ~~1333~~
1875		-	including, but not limited to, recycling of natural resources, ~~1334~~
1876		-	reduction of energy demands, development and generation of ~~1335~~
1877		-	alternative or renewable energy sources and technologies, ~~1336~~
1878		-	mitigation of urban heat islands, sequestration, ~~capping~~ or ~~1337~~
1879		-	trading of carbon emissions or carbon emissions credits, LEED or ~~1338~~
1880		-	Florida Green Building ~~Coaliti on~~ certification, and development ~~1339~~
1881		-	of facilities and improvements for low -impact development and to ~~1340~~
1882		-
1883		-	~~CS/~~HB 4041 2025
1884		-
1885		-
1886		-
1887		-	CODING: Words stricken are deletions; words underlined are additions.
1888		-	hb4041-~~01-c1~~
	1854	+	(o) To establish and create, at noticed meetings, such 1313
	1855	+	departments of the board of supervisors of the district, as well 1314
	1856	+	as committees, task forces, boards, or commissions, or other 1315
	1857	+	agencies under the supervision and control of the distri ct, as 1316
	1858	+	from time to time the members of the board may deem necessary or 1317
	1859	+	desirable in the performance of the acts or other things 1318
	1860	+	necessary to exercise the board's general or special powers to 1319
	1861	+	implement an innovative project to carry out the special and 1320
	1862	+	limited purpose of the district as provided in this act and to 1321
	1863	+	delegate the exercise of its powers to such departments, boards, 1322
	1864	+	task forces, committees, or other agencies, and such 1323
	1865	+	administrative duties and other powers as the board may deem 1324
	1866	+	necessary or desirable, but only if there is a set of expressed 1325
	1867	+	limitations for accountability, notice, and periodic written 1326
	1868	+	reporting to the board that shall retain the powers of the 1327
	1869	+	board. 1328
	1870	+	(p) To provide electrical, sustainable, or green 1329
	1871	+	infrastructure improvements, fa cilities, and services, 1330
	1872	+	including, but not limited to, recycling of natural resources, 1331
	1873	+	reduction of energy demands, development and generation of 1332
	1874	+	alternative or renewable energy sources and technologies, 1333
	1875	+	mitigation of urban heat islands, sequestration, cap ping or 1334
	1876	+	trading of carbon emissions or carbon emissions credits, LEED or 1335
	1877	+	Florida Green Building Coalition certification, and development 1336
	1878	+	of facilities and improvements for low -impact development and to 1337
	1879	+
	1880	+	HB 4041 2025
	1881	+
	1882	+
	1883	+
	1884	+	CODING: Words stricken are deletions; words underlined are additions.
	1885	+	hb4041-00
1889	1886		Page 55 of 102
1890	1887		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
1891	1888
1892		-	enter into joint ventures, public -private partnerships, and ~~1341~~
1893		-	other agreements and to grant such easements as may be necessary ~~1342~~
1894		-	to accomplish the foregoing. ~~Not hing~~ herein shall authorize the ~~1343~~
1895		-	district to provide electric service to retail customers or ~~1344~~
1896		-	otherwise act to impair electric utility franchise agreements. ~~1345~~
1897		-	(q) To provide for any facilities or improvements that may ~~1346~~
1898		-	otherwise be provided for by any county or municipality, ~~1347~~
1899		-	including, but not limited to, libraries, annexes, substations, ~~1348~~
1900		-	and other buildings to house public officials, staff, and ~~1349~~
1901		-	employees. ~~1350~~
1902		-	(r) To provide waste collection and disposal. ~~1351~~
1903		-	(s) To provide for the construction and operation of ~~1352~~
1904		-	communications systems and related infrastructure for the ~~1353~~
1905		-	carriage and distribution of communications services, and to ~~1354~~
1906		-	enter into joint ventures, public -private partnerships, and ~~1355~~
1907		-	other agreements and to grant such easements as may be necessary ~~1356~~
1908		-	to accomplish the foregoing. The term "communications systems" ~~1357~~
1909		-	means all facilities, buildings, equipment, items, and methods ~~1358~~
1910		-	necessary or desirable in order to provide communications ~~1359~~
1911		-	services, including, without limitation, wires, cables, ~~1360~~
1912		-	conduits, wireless cell sites, computers, modems, satellite ~~1361~~
1913		-	antennae sites, transmission facilities, network facilities, and ~~1362~~
1914		-	appurtenant devices necessary and appropriate to support ~~the 1363~~
1915		-	provision of communications services. The term "communications ~~1364~~
1916		-	services" includes, without limitation , Internet, voice ~~1365~~
1917		-
1918		-	~~CS/~~HB 4041 2025
1919		-
1920		-
1921		-
1922		-	CODING: Words stricken are deletions; words underlined are additions.
1923		-	hb4041-~~01-c1~~
	1889	+	enter into joint ventures, public -private partnerships , and 1338
	1890	+	other agreements and to grant such easements as may be necessary 1339
	1891	+	to accomplish the foregoing. Nothing herein shall authorize the 1340
	1892	+	district to provide electric service to retail customers or 1341
	1893	+	otherwise act to impair electric utility franchise agreements . 1342
	1894	+	(q) To provide for any facilities or improvements that may 1343
	1895	+	otherwise be provided for by any county or municipality, 1344
	1896	+	including, but not limited to, libraries, annexes, substations, 1345
	1897	+	and other buildings to house public officials, staff, and 1346
	1898	+	employees. 1347
	1899	+	(r) To provide waste collection and disposal. 1348
	1900	+	(s) To provide for the construction and operation of 1349
	1901	+	communications systems and related infrastructure for the 1350
	1902	+	carriage and distribution of communications services, and to 1351
	1903	+	enter into joint ventures, public -private partnerships, and 1352
	1904	+	other agreements and to grant such easements as may be necessary 1353
	1905	+	to accomplish the foregoing. The term "communications systems" 1354
	1906	+	means all facilities, buildings, equipment, items, and methods 1355
	1907	+	necessary or desirable in order to provide communications 1356
	1908	+	services, including, without limitation, wires, cables, 1357
	1909	+	conduits, wireless cell sites, computers, modems, satellite 1358
	1910	+	antennae sites, transmission facilities, network facilities, and 1359
	1911	+	appurtenant devices necessary and appropriate to support th e 1360
	1912	+	provision of communications services. The term "communications 1361
	1913	+	services" includes, without limitation, Internet, voice 1362
	1914	+
	1915	+	HB 4041 2025
	1916	+
	1917	+
	1918	+
	1919	+	CODING: Words stricken are deletions; words underlined are additions.
	1920	+	hb4041-00
1924	1921		Page 56 of 102
1925	1922		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
1926	1923
1927		-	telephone or similar services provided by voiceover Internet ~~1366~~
1928		-	protocol, cable television, data transmission services, ~~1367~~
1929		-	electronic security monitoring services, and multichannel video ~~1368~~
1930		-	programming distribution services. Nothing herein shall ~~1369~~
1931		-	authorize the district to provide communications services to ~~1370~~
1932		-	retail customers or otherwise act to impair existing service ~~1371~~
1933		-	provider franchise agreements, ~~though~~ the district may contract ~~1372~~
1934		-	with such providers for resale purposes. ~~1373~~
1935		-	(t) To provide health care ~~f acilities~~ and to enter into ~~1374~~
1936		-	public-private partnerships and agreements as may be necessary ~~1375~~
1937		-	to accomplish the foregoing. ~~1376~~
1938		-	(u) To coordinate, work with, ~~and~~, as the board deems ~~1377~~
1939		-	appropriate, enter into interlocal agreements with any public or ~~1378~~
1940		-	private entity for the provision of an institution or ~~1379~~
1941		-	institutions of higher education. ~~1380~~
1942		-	(v) To coordinate, work with, and as the board deems ~~1381~~
1943		-	appropriate, enter into ~~public~~ -private partnerships and ~~1382~~
1944		-	agreements as may be necessary or useful to effectuate the ~~1383~~
1945		-	purposes of this act. ~~1384~~
1946		-	~~1385~~
1947		-	The enumeration of special powers herein shall not be deemed ~~1386~~
1948		-	exclusive or restrictive but shall be deemed to incorporate all ~~1387~~
1949		-	powers express or implied necessary or incidental to carrying ~~1388~~
1950		-	out such enumerated special powers, including also the ~~gene ral 1389~~
1951		-	powers provided by this special act charter to the district to ~~1390~~
1952		-
1953		-	~~CS/~~HB 4041 2025
1954		-
1955		-
1956		-
1957		-	CODING: Words stricken are deletions; words underlined are additions.
1958		-	hb4041-~~01-c1~~
	1924	+	telephone or similar services provided by voiceover Internet 1363
	1925	+	protocol, cable television, data transmission services, 1364
	1926	+	electronic security monitoring services, and multichannel video 1365
	1927	+	programming distribution services. Nothing herein shall 1366
	1928	+	authorize the district to provide communications services to 1367
	1929	+	retail customers or otherwise act to impair existing service 1368
	1930	+	provider franchise agreements, t hough the district may contract 1369
	1931	+	with such providers for resale purposes. 1370
	1932	+	(t) To provide health care facilities and to enter into 1371
	1933	+	public-private partnerships and agreements as may be necessary 1372
	1934	+	to accomplish the foregoing. 1373
	1935	+	(u) To coordinate, work with, a nd, as the board deems 1374
	1936	+	appropriate, enter into interlocal agreements with any public or 1375
	1937	+	private entity for the provision of an institution or 1376
	1938	+	institutions of higher education. 1377
	1939	+	(v) To coordinate, work with, and as the board deems 1378
	1940	+	appropriate, enter into p ublic-private partnerships and 1379
	1941	+	agreements as may be necessary or useful to effectuate the 1380
	1942	+	purposes of this act. 1381
	1943	+	1382
	1944	+	The enumeration of special powers herein shall not be deemed 1383
	1945	+	exclusive or restrictive but shall be deemed to incorporate all 1384
	1946	+	powers express or implied necessary or incidental to carrying 1385
	1947	+	out such enumerated special powers, including also the general 1386
	1948	+	powers provided by this special act charter to the district to 1387
	1949	+
	1950	+	HB 4041 2025
	1951	+
	1952	+
	1953	+
	1954	+	CODING: Words stricken are deletions; words underlined are additions.
	1955	+	hb4041-00
1959	1956		Page 57 of 102
1960	1957		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
1961	1958
1962		-	implement its purposes. Further, this subsection shall be ~~1391~~
1963		-	construed liberally in order to carry out effectively the ~~1392~~
1964		-	special and limited purpose of this district under this act. ~~1393~~
1965		-	(8) ISSUANCE OF BOND ANTICIPATION NOTES. —In addition to ~~1394~~
1966		-	the other powers provided for in this act, and not in limitation ~~1395~~
1967		-	thereof, the district shall have the power, at any time and from ~~1396~~
1968		-	time to time after the issuance of any bonds of the district ~~1397~~
1969		-	shall have been authorized, to borrow money for the purposes for ~~1398~~
1970		-	which such bonds are to be issued in anticipation of the receipt ~~1399~~
1971		-	of the proceeds of the sale of such bonds and to issue bond ~~1400~~
1972		-	anticipation notes in a principal sum not in excess of the ~~1401~~
1973		-	authorized maximum amount of such bond issue. Such notes shall ~~1402~~
1974		-	be in such denomination or denominations, bear interest at such ~~1403~~
1975		-	rate not to exceed the maximum rate allowed by ~~general~~ law, ~~1404~~
1976		-	mature at such time or times not later than 5 years from the ~~1405~~
1977		-	date of issuance, and be in such ~~f orm~~ and executed in such ~~1406~~
1978		-	manner as the board shall prescribe. Such notes may be sold at ~~1407~~
1979		-	either public or private sale or, if such notes shall be renewal ~~1408~~
1980		-	notes, may be exchanged for notes then outstanding on such terms ~~1409~~
1981		-	as the board shall determine. Such ~~not es~~ shall be paid from the ~~1410~~
1982		-	proceeds of such bonds when issued. The board may, in its ~~1411~~
1983		-	discretion, in lieu of retiring the notes by means of bonds, ~~1412~~
1984		-	retire them by means of current revenues or from any taxes or ~~1413~~
1985		-	assessments levied for the payment of such bonds, but, in such ~~1414~~
1986		-
1987		-	~~CS/~~HB 4041 2025
1988		-
1989		-
1990		-
1991		-	CODING: Words stricken are deletions; words underlined are additions.
1992		-	hb4041-~~01-c1~~
	1959	+	implement its purposes. Further, this subsection shall be 1388
	1960	+	construed liberally in order to carry out effectively the 1389
	1961	+	special and limited purpose of this district under this act. 1390
	1962	+	(8) ISSUANCE OF BOND ANTICIPATION NOTES. —In addition to 1391
	1963	+	the other powers provided for in this act, and not in limitation 1392
	1964	+	thereof, the district shall have the power , at any time and from 1393
	1965	+	time to time after the issuance of any bonds of the district 1394
	1966	+	shall have been authorized, to borrow money for the purposes for 1395
	1967	+	which such bonds are to be issued in anticipation of the receipt 1396
	1968	+	of the proceeds of the sale of such bonds and to issue bond 1397
	1969	+	anticipation notes in a principal sum not in excess of the 1398
	1970	+	authorized maximum amount of such bond issue. Such notes shall 1399
	1971	+	be in such denomination or denominations, bear interest at such 1400
	1972	+	rate not to exceed the maximum rate allowed by gener al law, 1401
	1973	+	mature at such time or times not later than 5 years from the 1402
	1974	+	date of issuance, and be in such form and executed in such 1403
	1975	+	manner as the board shall prescribe. Such notes may be sold at 1404
	1976	+	either public or private sale or, if such notes shall be renewal 1405
	1977	+	notes, may be exchanged for notes then outstanding on such terms 1406
	1978	+	as the board shall determine. Such notes shall be paid from the 1407
	1979	+	proceeds of such bonds when issued. The board may, in its 1408
	1980	+	discretion, in lieu of retiring the notes by means of bonds, 1409
	1981	+	retire them by means of current revenues or from any taxes or 1410
	1982	+	assessments levied for the payment of such bonds, but, in such 1411
	1983	+
	1984	+	HB 4041 2025
	1985	+
	1986	+
	1987	+
	1988	+	CODING: Words stricken are deletions; words underlined are additions.
	1989	+	hb4041-00
1993	1990		Page 58 of 102
1994	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
1995	1992
1996		-	event, a like amount of the bonds authorized shall not be ~~1415~~
1997		-	issued. ~~1416~~
1998		-	(9) BORROWING.—The district at any time may obtain loans, ~~1417~~
1999		-	in such amount and on such terms and conditions as the board may ~~1418~~
2000		-	approve, for the purpose of paying any of the ~~expen ses~~ of the ~~1419~~
2001		-	district or any costs incurred or that may be incurred in ~~1420~~
2002		-	connection with any of the projects of the district, which loans ~~1421~~
2003		-	shall bear interest as the board determines, not to exceed the ~~1422~~
2004		-	maximum rate allowed by general law, and may be payable ~~fro m~~ and ~~1423~~
2005		-	secured by a pledge of such funds, revenues, taxes, and ~~1424~~
2006		-	assessments as the board may determine, subject, however, to the ~~1425~~
2007		-	provisions contained in ~~any~~ proceeding under which bonds were ~~1426~~
2008		-	theretofore issued and are then outstanding. For the purpose of ~~1427~~
2009		-	defraying such costs and expenses, the district may issue ~~1428~~
2010		-	negotiable notes, warrants, or other evidences of debt to be ~~1429~~
2011		-	payable at such times and to bear ~~such~~ interest as the board may ~~1430~~
2012		-	determine, not to exceed the maximum rate allowed by general ~~1431~~
2013		-	law, and to be sold or discounted at such price or prices not ~~1432~~
2014		-	less than 95 percent of par value and on such terms as the board ~~1433~~
2015		-	may deem advisable. The board shall have the right to provide ~~1434~~
2016		-	for the payment thereof by pledging the whole or any part of the ~~1435~~
2017		-	funds, revenues, taxes, and assessments of the district or by ~~1436~~
2018		-	covenanting to budget and appropriate from such funds. The ~~1437~~
2019		-	approval of the electors residing in the ~~district~~ shall not be ~~1438~~
2020		-	necessary except when required by the State Constitution. ~~1439~~
2021		-
2022		-	~~CS/~~HB 4041 2025
2023		-
2024		-
2025		-
2026		-	CODING: Words stricken are deletions; words underlined are additions.
2027		-	hb4041-~~01-c1~~
	1993	+	event, a like amount of the bonds authorized shall not be 1412
	1994	+	issued. 1413
	1995	+	(9) BORROWING.—The district at any time may obtain loans, 1414
	1996	+	in such amount and on such terms and conditions as the board may 1415
	1997	+	approve, for the purpose of paying any of the expenses of the 1416
	1998	+	district or any costs incurred or that may be incurred in 1417
	1999	+	connection with any of the projects of the district, which loans 1418
	2000	+	shall bear interest as the board determines, not to exceed the 1419
	2001	+	maximum rate allowed by general law, and may be payable from and 1420
	2002	+	secured by a pledge of such funds, revenues, taxes, and 1421
	2003	+	assessments as the board may determine, subject, however, to the 1422
	2004	+	provisions contained in an y proceeding under which bonds were 1423
	2005	+	theretofore issued and are then outstanding. For the purpose of 1424
	2006	+	defraying such costs and expenses, the district may issue 1425
	2007	+	negotiable notes, warrants, or other evidences of debt to be 1426
	2008	+	payable at such times and to bear suc h interest as the board may 1427
	2009	+	determine, not to exceed the maximum rate allowed by general 1428
	2010	+	law, and to be sold or discounted at such price or prices not 1429
	2011	+	less than 95 percent of par value and on such terms as the board 1430
	2012	+	may deem advisable. The board shall have the right to provide 1431
	2013	+	for the payment thereof by pledging the whole or any part of the 1432
	2014	+	funds, revenues, taxes, and assessments of the district or by 1433
	2015	+	covenanting to budget and appropriate from such funds. The 1434
	2016	+	approval of the electors residing in the distric t shall not be 1435
	2017	+	necessary except when required by the State Constitution. 1436
	2018	+
	2019	+	HB 4041 2025
	2020	+
	2021	+
	2022	+
	2023	+	CODING: Words stricken are deletions; words underlined are additions.
	2024	+	hb4041-00
2028	2025		Page 59 of 102
2029	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
2030	2027
2031		-	(10) BONDS.— ~~1440~~
2032		-	(a) Sale of bonds.—Bonds may be sold in blocks or ~~1441~~
2033		-	installments at different times, or an entire issue or series ~~1442~~
2034		-	may be sold at one time. Bonds may be sold at public or private ~~1443~~
2035		-	sale after such advertisement, if any, as the board may deem ~~1444~~
2036		-	advisable, but not in any event at less than 90 percent of the ~~1445~~
2037		-	par value thereof, together with accrued interest thereon. Bonds ~~1446~~
2038		-	may be sold or exchanged for refunding bonds. Special ~~assessment 1447~~
2039		-	and revenue bonds may be delivered by the district as payment of ~~1448~~
2040		-	the purchase price of any ~~proj ect~~ or part thereof, or a ~~1449~~
2041		-	combination of projects or parts thereof, or as the purchase ~~1450~~
2042		-	price or exchange for any property, real, personal, or mixed, ~~1451~~
2043		-	including franchises or services rendered by any contractor, ~~1452~~
2044		-	engineer, or other person, all at one time or in blocks from ~~1453~~
2045		-	time to time, in such manner and upon such terms as the board in ~~1454~~
2046		-	its discretion shall determine. The price or prices for any ~~1455~~
2047		-	bonds sold, exchanged, or delivered may be: ~~1456~~
2048		-	1. The money paid for the bonds. ~~1457~~
2049		-	2. The principal amount, plus ~~accru ed~~ interest to the date ~~1458~~
2050		-	of redemption or exchange, or outstanding obligations exchanged ~~1459~~
2051		-	for refunding bonds. ~~1460~~
2052		-	3. In the case of special assessment or ~~revenue~~ bonds, the ~~1461~~
2053		-	amount of any indebtedness to contractors or other persons paid ~~1462~~
2054		-	with such bonds, or ~~th e~~ fair value of any properties exchanged ~~1463~~
2055		-	for the bonds, as determined by the board. ~~1464~~
2056		-
2057		-	~~CS/~~HB 4041 2025
2058		-
2059		-
2060		-
2061		-	CODING: Words stricken are deletions; words underlined are additions.
2062		-	hb4041-~~01-c1~~
	2028	+	(10) BONDS.— 1437
	2029	+	(a) Sale of bonds.—Bonds may be sold in blocks or 1438
	2030	+	installments at different times, or an entire issue or series 1439
	2031	+	may be sold at one time. Bonds may be sold at public o r private 1440
	2032	+	sale after such advertisement, if any, as the board may deem 1441
	2033	+	advisable, but not in any event at less than 90 percent of the 1442
	2034	+	par value thereof, together with accrued interest thereon. Bonds 1443
	2035	+	may be sold or exchanged for refunding bonds. Special ass essment 1444
	2036	+	and revenue bonds may be delivered by the district as payment of 1445
	2037	+	the purchase price of any project or part thereof, or a 1446
	2038	+	combination of projects or parts thereof, or as the purchase 1447
	2039	+	price or exchange for any property, real, personal, or mixed, 1448
	2040	+	including franchises or services rendered by any contractor, 1449
	2041	+	engineer, or other person, all at one time or in blocks from 1450
	2042	+	time to time, in such manner and upon such terms as the board in 1451
	2043	+	its discretion shall determine. The price or prices for any 1452
	2044	+	bonds sold, exchanged, or delivered may be: 1453
	2045	+	1. The money paid for the bonds. 1454
	2046	+	2. The principal amount, plus accrued interest to the date 1455
	2047	+	of redemption or exchange, or outstanding obligations exchanged 1456
	2048	+	for refunding bonds. 1457
	2049	+	3. In the case of special assessment or re venue bonds, the 1458
	2050	+	amount of any indebtedness to contractors or other persons paid 1459
	2051	+	with such bonds, or the fair value of any properties exchanged 1460
	2052	+	for the bonds, as determined by the board. 1461
	2053	+
	2054	+	HB 4041 2025
	2055	+
	2056	+
	2057	+
	2058	+	CODING: Words stricken are deletions; words underlined are additions.
	2059	+	hb4041-00
2063	2060		Page 60 of 102
2064	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
2065	2062
2066		-	(b) Authorization and form of bonds. —Any general ~~1465~~
2067		-	obligation bonds, special assessment bonds, or revenue bonds may ~~1466~~
2068		-	be authorized by resolution or resolutions of the board which ~~1467~~
2069		-	shall be adopted by a majority of all the members thereof then ~~1468~~
2070		-	in office. Such resolution or resolutions may be adopted at the ~~1469~~
2071		-	same meeting at ~~which~~ they are introduced and need not be ~~1470~~
2072		-	published or posted. The board may, by resolution, authorize the ~~1471~~
2073		-	issuance of bonds and fix the aggregate amount of bonds to be ~~1472~~
2074		-	issued; the purpose or purposes for which the moneys derived ~~1473~~
2075		-	therefrom shall be expended, ~~including~~, but not limited to, ~~1474~~
2076		-	payment of costs as defined in section 2(2)(h); the rate or ~~1475~~
2077		-	rates of interest, not to exceed the maximum rate allowed by ~~1476~~
2078		-	general law; the denomination of the bonds; whether or not the ~~1477~~
2079		-	bonds are to be issued in one or more ~~series~~; the date or dates ~~1478~~
2080		-	of maturity, which shall not exceed 40 years from their ~~1479~~
2081		-	respective dates of ~~issua nce~~; the medium of payment; the place ~~1480~~
2082		-	or places within or without the state at which payment shall be ~~1481~~
2083		-	made; registration privileges; redemption terms and privileges, ~~1482~~
2084		-	whether with or without premium; the manner of execution; the ~~1483~~
2085		-	form of the bonds, including any interest coupons to be attached ~~1484~~
2086		-	thereto; the manner of execution of bonds and coupons; and any ~~1485~~
2087		-	and all other terms, covenants, and conditions ~~thereof~~ and the ~~1486~~
2088		-	establishment of revenue or other funds. Such authorizing ~~1487~~
2089		-	resolution or resolutions may ~~furth er~~ provide for the contracts ~~1488~~
2090		-	authorized by s. 159.825(1)(f) and (g), Florida Statutes, ~~1489~~
2091		-
2092		-	~~CS/~~HB 4041 2025
2093		-
2094		-
2095		-
2096		-	CODING: Words stricken are deletions; words underlined are additions.
2097		-	hb4041-~~01-c1~~
	2063	+	(b) Authorization and form of bonds. —Any general 1462
	2064	+	obligation bonds, special assessment bonds, or revenue bonds may 1463
	2065	+	be authorized by resolution or resolutions of the board which 1464
	2066	+	shall be adopted by a majority of all the members thereof then 1465
	2067	+	in office. Such resolution or resolutions may be adopted at the 1466
	2068	+	same meeting at whic h they are introduced and need not be 1467
	2069	+	published or posted. The board may, by resolution, authorize the 1468
	2070	+	issuance of bonds and fix the aggregate amount of bonds to be 1469
	2071	+	issued; the purpose or purposes for which the moneys derived 1470
	2072	+	therefrom shall be expended, i ncluding, but not limited to, 1471
	2073	+	payment of costs as defined in section 2(2)(i); the rate or 1472
	2074	+	rates of interest, not to exceed the maximum rate allowed by 1473
	2075	+	general law; the denomination of the bonds; whether or not the 1474
	2076	+	bonds are to be issued in one or more seri es; the date or dates 1475
	2077	+	of maturity, which shall not exceed 40 years from their 1476
	2078	+	respective dates of issuance; the medium of payment; the place 1477
	2079	+	or places within or without the state at which payment shall be 1478
	2080	+	made; registration privileges; redemption terms and privileges, 1479
	2081	+	whether with or without premium; the manner of execution; the 1480
	2082	+	form of the bonds, including any interest coupons to be attached 1481
	2083	+	thereto; the manner of execution of bonds and coupons; and any 1482
	2084	+	and all other terms, covenants, and conditions thereo f and the 1483
	2085	+	establishment of revenue or other funds. Such authorizing 1484
	2086	+	resolution or resolutions may further provide for the contracts 1485
	2087	+	authorized by s. 159.825(1)(f) and (g), Florida Statutes, 1486
	2088	+
	2089	+	HB 4041 2025
	2090	+
	2091	+
	2092	+
	2093	+	CODING: Words stricken are deletions; words underlined are additions.
	2094	+	hb4041-00
2098	2095		Page 61 of 102
2099	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
2100	2097
2101		-	regardless of the tax treatment of such bonds being authorized, ~~1490~~
2102		-	subject to the finding by the board of a net saving to the ~~1491~~
2103		-	district resulting by reason thereof. Such ~~aut horizing 1492~~
2104		-	resolution may further provide that such bonds may be executed ~~1493~~
2105		-	in accordance with the Registered Public Obligations Act, except ~~1494~~
2106		-	that bonds not issued in registered form shall be valid if ~~1495~~
2107		-	manually countersigned by an officer designated by ~~appropria te 1496~~
2108		-	resolution of the board. The seal of the district may be ~~1497~~
2109		-	affixed, lithographed, engraved, or otherwise reproduced in ~~1498~~
2110		-	facsimile on such bonds. In case any officer whose signature ~~1499~~
2111		-	shall appear on any bonds or coupons shall cease to be such ~~1500~~
2112		-	officer before the delivery of such bonds, such signature or ~~1501~~
2113		-	facsimile shall nevertheless be valid and sufficient for all ~~1502~~
2114		-	purposes the same as if he or she had remained in office until ~~1503~~
2115		-	such delivery. ~~1504~~
2116		-	(c) Interim certificates; replacement certificates. — ~~1505~~
2117		-	Pending the preparation of definitive bonds, the board may issue ~~1506~~
2118		-	interim certificates or receipts or temporary bonds, in such ~~1507~~
2119		-	form and with such provisions as the board may determine, ~~1508~~
2120		-	exchangeable for definitive bonds when such bonds have been ~~1509~~
2121		-	executed and are ~~availab le~~ for delivery. The board may also ~~1510~~
2122		-	provide for the replacement of any bonds which become mutilated, ~~1511~~
2123		-	lost, or destroyed. ~~1512~~
2124		-	(d) Negotiability of bonds. —Any bond issued under this act ~~1513~~
2125		-	or any temporary bond, in the absence of an express recital on ~~1514~~
2126		-
2127		-	~~CS/~~HB 4041 2025
2128		-
2129		-
2130		-
2131		-	CODING: Words stricken are deletions; words underlined are additions.
2132		-	hb4041-~~01-c1~~
	2098	+	regardless of the tax treatment of such bonds being authorized, 1487
	2099	+	subject to the finding by the board of a net saving to the 1488
	2100	+	district resulting by reason thereof. Such authorizing 1489
	2101	+	resolution may further provide that such bonds may be executed 1490
	2102	+	in accordance with the Registered Public Obligations Act, except 1491
	2103	+	that bonds not issued in registered form shall be valid if 1492
	2104	+	manually countersigned by an officer designated by appropriate 1493
	2105	+	resolution of the board. The seal of the district may be 1494
	2106	+	affixed, lithographed, engraved, or otherwise reproduced in 1495
	2107	+	facsimile on such bonds. In case any officer whose signature 1496
	2108	+	shall appear on any bonds or coupons shall cease to be such 1497
	2109	+	officer before the delivery of such bonds, such signature or 1498
	2110	+	facsimile shall nevertheless be valid and sufficient for all 1499
	2111	+	purposes the same as if he or she had remained in office until 1500
	2112	+	such delivery. 1501
	2113	+	(c) Interim certificates; replacement certificates. — 1502
	2114	+	Pending the preparation of definitive bonds, the board may issue 1503
	2115	+	interim certificates or receipts or temporary bonds, in such 1504
	2116	+	form and with such provisions as the board may determine, 1505
	2117	+	exchangeable for definitive bonds when such bonds have been 1506
	2118	+	executed and are available for delivery. The board may also 1507
	2119	+	provide for the replacement of any bonds which become mutilated, 1508
	2120	+	lost, or destroyed. 1509
	2121	+	(d) Negotiability of bonds. —Any bond issued under this act 1510
	2122	+	or any temporary bond, in the absence of an express recital on 1511
	2123	+
	2124	+	HB 4041 2025
	2125	+
	2126	+
	2127	+
	2128	+	CODING: Words stricken are deletions; words underlined are additions.
	2129	+	hb4041-00
2133	2130		Page 62 of 102
2134	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
2135	2132
2136		-	the face thereof that it is nonnegotiable, shall be fully ~~1515~~
2137		-	negotiable and shall be and constitute a negotiable instrument ~~1516~~
2138		-	within the meaning and for all purposes of the law merchant and ~~1517~~
2139		-	the laws of the state. ~~1518~~
2140		-	(e) Defeasance.—The board may make such provision with ~~1519~~
2141		-	respect to the defeasance of the right, title, and interest of ~~1520~~
2142		-	the holders of any of the bonds and obligations of the district ~~1521~~
2143		-	in any revenues, funds, or other properties by which such bonds ~~1522~~
2144		-	are secured as the board deems appropriate and, without ~~1523~~
2145		-	limitation on the foregoing, may provide that when such bonds or ~~1524~~
2146		-	obligations become due and payable or shall have been called for ~~1525~~
2147		-	redemption and the whole amount of the principal and interest ~~1526~~
2148		-	and premium, if any, due and payable upon the bonds or ~~1527~~
2149		-	obligations then ~~out standing~~ shall be held in trust for such ~~1528~~
2150		-	purpose, and provision shall also be made for paying all other ~~1529~~
2151		-	sums payable in connection with such bonds or other ~~obligations~~, ~~1530~~
2152		-	then and in such event the right, title, and interest of the ~~1531~~
2153		-	holders of the bonds in ~~an y~~ revenues, funds, or other properties ~~1532~~
2154		-	by which such bonds are secured shall thereupon cease, ~~1533~~
2155		-	terminate, and become void; and the board may apply any surplus ~~1534~~
2156		-	in any sinking fund established in connection with such bonds or ~~1535~~
2157		-	obligations and all balances ~~rema ining~~ in all other funds or ~~1536~~
2158		-	accounts other than moneys held for the redemption or payment of ~~1537~~
2159		-	the bonds or other obligations to any lawful purpose of the ~~1538~~
2160		-	district as the board shall determine. ~~1539~~
2161		-
2162		-	~~CS/~~HB 4041 2025
2163		-
2164		-
2165		-
2166		-	CODING: Words stricken are deletions; words underlined are additions.
2167		-	hb4041-~~01-c1~~
	2133	+	the face thereof that it is nonnegotiable, shall be fully 1512
	2134	+	negotiable and shall be and constitute a negotiable instrument 1513
	2135	+	within the meaning and for all purposes of the law merchant and 1514
	2136	+	the laws of the state. 1515
	2137	+	(e) Defeasance.—The board may make such provision with 1516
	2138	+	respect to the defeasance of the right, title, and interest of 1517
	2139	+	the holders of any of the bonds and obligations of the district 1518
	2140	+	in any revenues, funds, or other properties by which such bonds 1519
	2141	+	are secured as the board deems appropriate and, without 1520
	2142	+	limitation on the foregoing, may provide that when such bonds or 1521
	2143	+	obligations become due and payable or shall have been called for 1522
	2144	+	redemption and the whole amount of the principal and interest 1523
	2145	+	and premium, if any, due and payable upon the bonds or 1524
	2146	+	obligations then outstanding shall be held in trust for such 1525
	2147	+	purpose, and provision shall also be made for paying all other 1526
	2148	+	sums payable in connection with such bonds or other o bligations, 1527
	2149	+	then and in such event the right, title, and interest of the 1528
	2150	+	holders of the bonds in any revenues, funds, or other properties 1529
	2151	+	by which such bonds are secured shall thereupon cease, 1530
	2152	+	terminate, and become void; and the board may apply any surplus 1531
	2153	+	in any sinking fund established in connection with such bonds or 1532
	2154	+	obligations and all balances remaining in all other funds or 1533
	2155	+	accounts other than moneys held for the redemption or payment of 1534
	2156	+	the bonds or other obligations to any lawful purpose of the 1535
	2157	+	district as the board shall determine. 1536
	2158	+
	2159	+	HB 4041 2025
	2160	+
	2161	+
	2162	+
	2163	+	CODING: Words stricken are deletions; words underlined are additions.
	2164	+	hb4041-00
2168	2165		Page 63 of 102
2169	2166		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
2170	2167
2171		-	(f) Issuance of additional bonds. —If the proceeds of any ~~1540~~
2172		-	bonds are less than the cost of completing the project in ~~1541~~
2173		-	connection with which such bonds were issued, the board may ~~1542~~
2174		-	authorize the issuance of additional bonds, upon such terms and ~~1543~~
2175		-	conditions as the board may provide in the resolution ~~1544~~
2176		-	authorizing the issuance thereof, but only in compliance with ~~1545~~
2177		-	the resolution or other proceedings authorizing the issuance of ~~1546~~
2178		-	the original bonds. ~~1547~~
2179		-	(g) Refunding bonds. —The district shall have the power to ~~1548~~
2180		-	issue bonds to provide for the retirement or refunding of any ~~1549~~
2181		-	bonds or obligations of the district that at the time of such ~~1550~~
2182		-	issuance are or subsequent thereto become due and payable, or ~~1551~~
2183		-	that at the time of issuance have been called or are, or will ~~1552~~
2184		-	be, subject to call for redemption within 10 years thereafter, ~~1553~~
2185		-	or the surrender of which can be procured from the holders ~~1554~~
2186		-	thereof at prices satisfactory to the board. Refunding bonds may ~~1555~~
2187		-	be issued at any time that in the judgment of the ~~board~~ such ~~1556~~
2188		-	issuance will be advantageous to the district. No approval of ~~1557~~
2189		-	the qualified electors ~~residi ng~~ in the district shall be ~~1558~~
2190		-	required for the issuance of refunding bonds except in cases in ~~1559~~
2191		-	which such approval is required by the State Constitution. The ~~1560~~
2192		-	board may by resolution confer upon the holders of such ~~1561~~
2193		-	refunding bonds all rights, powers, and ~~remed ies~~ to which the ~~1562~~
2194		-	holders would be entitled if they continued to be the owners and ~~1563~~
2195		-	had possession of the bonds for the refinancing of which such ~~1564~~
2196		-
2197		-	~~CS/~~HB 4041 2025
2198		-
2199		-
2200		-
2201		-	CODING: Words stricken are deletions; words underlined are additions.
2202		-	hb4041-~~01-c1~~
	2168	+	(f) Issuance of additional bonds. —If the proceeds of any 1537
	2169	+	bonds are less than the cost of completing the project in 1538
	2170	+	connection with which such bonds were issued, the board may 1539
	2171	+	authorize the issuance of additional bonds, upon such terms and 1540
	2172	+	conditions as the board may provide in the resolution 1541
	2173	+	authorizing the issuance thereof, but only in compliance with 1542
	2174	+	the resolution or other proceedings authorizing the issuance of 1543
	2175	+	the original bonds. 1544
	2176	+	(g) Refunding bonds. —The district shall have the power to 1545
	2177	+	issue bonds to provide for the retirement or refunding of any 1546
	2178	+	bonds or obligations of the district that at the time of such 1547
	2179	+	issuance are or subsequent thereto become due and payable, or 1548
	2180	+	that at the time of issuance have been called or are, or will 1549
	2181	+	be, subject to call for redemption within 10 years thereafter, 1550
	2182	+	or the surrender of which can be procured from the holders 1551
	2183	+	thereof at prices satisfactory to the board. Refunding bonds may 1552
	2184	+	be issued at any time that in the judgment of the boa rd such 1553
	2185	+	issuance will be advantageous to the district. No approval of 1554
	2186	+	the qualified electors residing in the district shall be 1555
	2187	+	required for the issuance of refunding bonds except in cases in 1556
	2188	+	which such approval is required by the State Constitution. The 1557
	2189	+	board may by resolution confer upon the holders of such 1558
	2190	+	refunding bonds all rights, powers, and remedies to which the 1559
	2191	+	holders would be entitled if they continued to be the owners and 1560
	2192	+	had possession of the bonds for the refinancing of which such 1561
	2193	+
	2194	+	HB 4041 2025
	2195	+
	2196	+
	2197	+
	2198	+	CODING: Words stricken are deletions; words underlined are additions.
	2199	+	hb4041-00
2203	2200		Page 64 of 102
2204	2201		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
2205	2202
2206		-	refunding bonds are issued, including, but not limited to, the ~~1565~~
2207		-	preservation of the lien of such bonds on the ~~rev enues~~ of any ~~1566~~
2208		-	project or on pledged funds, without extinguishment, impairment, ~~1567~~
2209		-	or diminution thereof. The provisions of this act pertaining to ~~1568~~
2210		-	bonds of the district shall, unless the context otherwise ~~1569~~
2211		-	requires, govern the issuance of refunding bonds, the ~~fo rm~~ and ~~1570~~
2212		-	other details thereof, the rights of the holders thereof, and ~~1571~~
2213		-	the duties of the board with respect thereto. ~~1572~~
2214		-	(h) Revenue bonds.— ~~1573~~
2215		-	1. The district shall have the power to issue revenue ~~1574~~
2216		-	bonds from time to time without limitation as to amount. Such ~~1575~~
2217		-	revenue bonds may be secured by, or payable from, the gross or ~~1576~~
2218		-	net pledge of the revenues to be derived from any project or ~~1577~~
2219		-	combination of projects; from the rates, fees, or other charges ~~1578~~
2220		-	to be collected from the users of any project or projects; from ~~1579~~
2221		-	any revenue-producing undertaking or activity of the district; ~~1580~~
2222		-	from special assessments; from benefit special assessments; or ~~1581~~
2223		-	from any other source or pledged ~~security~~. Such bonds shall not ~~1582~~
2224		-	constitute an indebtedness of the district, and the approval of ~~1583~~
2225		-	the qualified electors shall not be required unless such bonds ~~1584~~
2226		-	are additionally secured by the full faith and credit and taxing ~~1585~~
2227		-	power of the district. ~~1586~~
2228		-	2. Any two or more projects may be combined and ~~1587~~
2229		-	consolidated into a single project and may hereafter be ~~operat ed 1588~~
2230		-	and maintained as a single project. The revenue bonds authorized ~~1589~~
2231		-
2232		-	~~CS/~~HB 4041 2025
2233		-
2234		-
2235		-
2236		-	CODING: Words stricken are deletions; words underlined are additions.
2237		-	hb4041-~~01-c1~~
	2203	+	refunding bonds are issued, including, but not limited to, the 1562
	2204	+	preservation of the lien of such bonds on the revenues of any 1563
	2205	+	project or on pledged funds, without extinguishment, impairment, 1564
	2206	+	or diminution thereof. The provisions of this act pertaining to 1565
	2207	+	bonds of the district shall, unless the context otherwise 1566
	2208	+	requires, govern the issuance of refunding bonds, the form and 1567
	2209	+	other details thereof, the rights of the holders thereof, and 1568
	2210	+	the duties of the board with respect thereto. 1569
	2211	+	(h) Revenue bonds.— 1570
	2212	+	1. The district shall have the power to issue revenue 1571
	2213	+	bonds from time to time without limitation as to amount. Such 1572
	2214	+	revenue bonds may be secured by, or payable from, the gross or 1573
	2215	+	net pledge of the revenues to be derived from any project or 1574
	2216	+	combination of projects; from the rates, fees, or other charges 1575
	2217	+	to be collected from the users of any project or projects; from 1576
	2218	+	any revenue-producing undertaking or activity of the district; 1577
	2219	+	from special assessments; from benefit special assessments; or 1578
	2220	+	from any other source or pledged sec urity. Such bonds shall not 1579
	2221	+	constitute an indebtedness of the district, and the approval of 1580
	2222	+	the qualified electors shall not be required unless such bonds 1581
	2223	+	are additionally secured by the full faith and credit and taxing 1582
	2224	+	power of the district. 1583
	2225	+	2. Any two or more projects may be combined and 1584
	2226	+	consolidated into a single project and may hereafter be operated 1585
	2227	+	and maintained as a single project. The revenue bonds authorized 1586
	2228	+
	2229	+	HB 4041 2025
	2230	+
	2231	+
	2232	+
	2233	+	CODING: Words stricken are deletions; words underlined are additions.
	2234	+	hb4041-00
2238	2235		Page 65 of 102
2239	2236		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
2240	2237
2241		-	herein may be issued to finance any one or more of such ~~1590~~
2242		-	projects, regardless of whether ~~such~~ projects have been combined ~~1591~~
2243		-	and consolidated into a single project. If the board deems it ~~1592~~
2244		-	advisable, the proceedings authorizing such revenue bonds may ~~1593~~
2245		-	provide that the district may thereafter combine the projects ~~1594~~
2246		-	then being financed or theretofore ~~financed~~ with other projects ~~1595~~
2247		-	to be subsequently financed by the district and that revenue ~~1596~~
2248		-	bonds to be thereafter issued by the district shall be on parity ~~1597~~
2249		-	with the revenue bonds then being issued, all on such terms, ~~1598~~
2250		-	conditions, and limitations as shall have ~~been~~ provided in the ~~1599~~
2251		-	proceeding which authorized the original bonds. ~~1600~~
2252		-	(i) General obligation bonds. — ~~1601~~
2253		-	1. Subject to the limitations of this charter, the ~~1602~~
2254		-	district shall have the power from time to time to issue general ~~1603~~
2255		-	obligation bonds to finance or ~~refinance~~ capital projects or to ~~1604~~
2256		-	refund outstanding bonds in an aggregate principal amount of ~~1605~~
2257		-	bonds outstanding at any one time not in excess of 35 percent of ~~1606~~
2258		-	the assessed value of the taxable property within the district ~~1607~~
2259		-	as shown on the pertinent tax records at the time of the ~~1608~~
2260		-	authorization of the general obligation bonds for which the full ~~1609~~
2261		-	faith and credit of the district is pledged. Except for ~~1610~~
2262		-	refunding bonds, no general obligation bonds shall be issued ~~1611~~
2263		-	unless the bonds are issued to finance or refinance a ~~capital 1612~~
2264		-	project and the issuance has been approved at an election held ~~1613~~
2265		-	in accordance with the ~~requirem ents~~ for such election as ~~1614~~
2266		-
2267		-	~~CS/~~HB 4041 2025
2268		-
2269		-
2270		-
2271		-	CODING: Words stricken are deletions; words underlined are additions.
2272		-	hb4041-~~01-c1~~
	2238	+	herein may be issued to finance any one or more of such 1587
	2239	+	projects, regardless of whether s uch projects have been combined 1588
	2240	+	and consolidated into a single project. If the board deems it 1589
	2241	+	advisable, the proceedings authorizing such revenue bonds may 1590
	2242	+	provide that the district may thereafter combine the projects 1591
	2243	+	then being financed or theretofore fin anced with other projects 1592
	2244	+	to be subsequently financed by the district and that revenue 1593
	2245	+	bonds to be thereafter issued by the district shall be on parity 1594
	2246	+	with the revenue bonds then being issued, all on such terms, 1595
	2247	+	conditions, and limitations as shall have b een provided in the 1596
	2248	+	proceeding which authorized the original bonds. 1597
	2249	+	(i) General obligation bonds. — 1598
	2250	+	1. Subject to the limitations of this charter, the 1599
	2251	+	district shall have the power from time to time to issue general 1600
	2252	+	obligation bonds to finance or refina nce capital projects or to 1601
	2253	+	refund outstanding bonds in an aggregate principal amount of 1602
	2254	+	bonds outstanding at any one time not in excess of 35 percent of 1603
	2255	+	the assessed value of the taxable property within the district 1604
	2256	+	as shown on the pertinent tax records at the time of the 1605
	2257	+	authorization of the general obligation bonds for which the full 1606
	2258	+	faith and credit of the district is pledged. Except for 1607
	2259	+	refunding bonds, no general obligation bonds shall be issued 1608
	2260	+	unless the bonds are issued to finance or refinance a cap ital 1609
	2261	+	project and the issuance has been approved at an election held 1610
	2262	+	in accordance with the requirements for such election as 1611
	2263	+
	2264	+	HB 4041 2025
	2265	+
	2266	+
	2267	+
	2268	+	CODING: Words stricken are deletions; words underlined are additions.
	2269	+	hb4041-00
2273	2270		Page 66 of 102
2274	2271		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
2275	2272
2276		-	prescribed by the State Constitution. Such elections shall be ~~1615~~
2277		-	called to be held in the district by the ~~Board of~~ County ~~1616~~
2278		-	~~Commissioners~~ of ~~Collier County~~ upon the request of the board of ~~1617~~
2279		-	~~the~~ district. The expenses of calling and ~~hold ing~~ an election ~~1618~~
2280		-	~~shall~~ be at the expense of the district and the district shall ~~1619~~
2281		-	reimburse the county for any expenses incurred in calling or ~~1620~~
2282		-	holding such election. ~~1621~~
2283		-	2. The district may pledge its full faith and credit for ~~1622~~
2284		-	the payment of the principal and ~~i nterest~~ on such general ~~1623~~
2285		-	obligation bonds and for any reserve funds provided therefor and ~~1624~~
2286		-	may unconditionally and irrevocably pledge itself to levy ad ~~1625~~
2287		-	valorem taxes on all taxable property in the district, to the ~~1626~~
2288		-	extent necessary for the payment thereof, ~~wi thout~~ limitation as ~~1627~~
2289		-	to rate or amount. ~~1628~~
2290		-	3. If the board determines to issue general obligation ~~1629~~
2291		-	bonds for more than one capital project, the approval of the ~~1630~~
2292		-	issuance of the bonds for each and all such projects may be ~~1631~~
2293		-	submitted to the electors on one and ~~th e~~ same ballot. The ~~1632~~
2294		-	failure of the electors to approve the issuance of bonds for any ~~1633~~
2295		-	one or more capital projects shall not defeat the approval of ~~1634~~
2296		-	bonds for any ~~capital~~ project which has been approved by the ~~1635~~
2297		-	electors. ~~1636~~
2298		-	4. In arriving at the amount of ~~gener al~~ obligation bonds ~~1637~~
2299		-	permitted to be outstanding at any one time pursuant to ~~1638~~
2300		-
2301		-	~~CS/~~HB 4041 2025
2302		-
2303		-
2304		-
2305		-	CODING: Words stricken are deletions; words underlined are additions.
2306		-	hb4041-~~01-c1~~
	2273	+	prescribed by the State Constitution. Such elections shall be 1612
	2274	+	called to be held in the district by the Collier County 1613
	2275	+	Supervisor of Elections upon the request of the board of the 1614
	2276	+	district. The expenses of calling and holding an election shall 1615
	2277	+	be at the expense of the district and the district shall 1616
	2278	+	reimburse the county for any expenses incurred in calling or 1617
	2279	+	holding such election. 1618
	2280	+	2. The district may pledge its full faith and credit for 1619
	2281	+	the payment of the principal and interest on such general 1620
	2282	+	obligation bonds and for any reserve funds provided therefor and 1621
	2283	+	may unconditionally and irrevocably pledge itself to levy ad 1622
	2284	+	valorem taxes on all taxable property in the district, to the 1623
	2285	+	extent necessary for the payment thereof, without limitation as 1624
	2286	+	to rate or amount. 1625
	2287	+	3. If the board determines to issue general obligation 1626
	2288	+	bonds for more than one capital project, the approval of the 1627
	2289	+	issuance of the bonds for each and all such projects may be 1628
	2290	+	submitted to the electors on one and the same ballot. The 1629
	2291	+	failure of the electors to approve the issuance of bonds for any 1630
	2292	+	one or more capital projects shall not defeat the approval of 1631
	2293	+	bonds for any capita l project which has been approved by the 1632
	2294	+	electors. 1633
	2295	+	4. In arriving at the amount of general obligation bonds 1634
	2296	+	permitted to be outstanding at any one time pursuant to 1635
	2297	+
	2298	+	HB 4041 2025
	2299	+
	2300	+
	2301	+
	2302	+	CODING: Words stricken are deletions; words underlined are additions.
	2303	+	hb4041-00
2307	2304		Page 67 of 102
2308	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
2309	2306
2310		-	subparagraph 1., there shall not be included any general ~~1639~~
2311		-	obligation bonds that are ~~additionally~~ secured by the pledge of: ~~1640~~
2312		-	a. Any assessments levied in an amount sufficient to pay ~~1641~~
2313		-	the principal and interest on the general obligation bonds so ~~1642~~
2314		-	additionally secured, which assessments have been equalized and ~~1643~~
2315		-	confirmed by resolution of the board ~~pursuant~~ to this act or s. ~~1644~~
2316		-	170.08, Florida Statutes. ~~1645~~
2317		-	b. Water revenues, sewer revenues, or water and sewer ~~1646~~
2318		-	revenues of the district to be derived from user fees in an ~~1647~~
2319		-	amount sufficient to pay the principal and interest on the ~~1648~~
2320		-	general obligation bonds so ~~additionally~~ secured. ~~1649~~
2321		-	c. Any combination of assessments and revenues described ~~1650~~
2322		-	in sub-subparagraphs a. and b. ~~1651~~
2323		-	(j) Bonds as legal investment or security. — ~~1652~~
2324		-	1. Notwithstanding any provisions of any other law to the ~~1653~~
2325		-	contrary, all bonds issued under this ~~act~~ shall constitute legal ~~1654~~
2326		-	investments for savings banks, banks, trust companies, insurance ~~1655~~
2327		-	companies, executors, administrators, trustees, guardians, and ~~1656~~
2328		-	other fiduciaries and for any board, body, agency, ~~1657~~
2329		-	instrumentality, county, municipality, or other ~~political 1658~~
2330		-	subdivision of the state and shall be and constitute security ~~1659~~
2331		-	which may be deposited by banks or trust companies as security ~~1660~~
2332		-	for deposits of state, county, municipal, or other public funds ~~1661~~
2333		-	or by insurance companies as required or voluntary statutory ~~1662~~
2334		-	deposits. ~~1663~~
2335		-
2336		-	~~CS/~~HB 4041 2025
2337		-
2338		-
2339		-
2340		-	CODING: Words stricken are deletions; words underlined are additions.
2341		-	hb4041-~~01-c1~~
	2307	+	subparagraph 1., there shall not be included any general 1636
	2308	+	obligation bonds that are additio nally secured by the pledge of: 1637
	2309	+	a. Any assessments levied in an amount sufficient to pay 1638
	2310	+	the principal and interest on the general obligation bonds so 1639
	2311	+	additionally secured, which assessments have been equalized and 1640
	2312	+	confirmed by resolution of the board pu rsuant to this act or s. 1641
	2313	+	170.08, Florida Statutes. 1642
	2314	+	b. Water revenues, sewer revenues, or water and sewer 1643
	2315	+	revenues of the district to be derived from user fees in an 1644
	2316	+	amount sufficient to pay the principal and interest on the 1645
	2317	+	general obligation bonds so ad ditionally secured. 1646
	2318	+	c. Any combination of assessments and revenues described 1647
	2319	+	in sub-subparagraphs a. and b. 1648
	2320	+	(j) Bonds as legal investment or security. — 1649
	2321	+	1. Notwithstanding any provisions of any other law to the 1650
	2322	+	contrary, all bonds issued under this ac t shall constitute legal 1651
	2323	+	investments for savings banks, banks, trust companies, insurance 1652
	2324	+	companies, executors, administrators, trustees, guardians, and 1653
	2325	+	other fiduciaries and for any board, body, agency, 1654
	2326	+	instrumentality, county, municipality, or other poli tical 1655
	2327	+	subdivision of the state and shall be and constitute security 1656
	2328	+	which may be deposited by banks or trust companies as security 1657
	2329	+	for deposits of state, county, municipal, or other public funds 1658
	2330	+	or by insurance companies as required or voluntary statutory 1659
	2331	+	deposits. 1660
	2332	+
	2333	+	HB 4041 2025
	2334	+
	2335	+
	2336	+
	2337	+	CODING: Words stricken are deletions; words underlined are additions.
	2338	+	hb4041-00
2342	2339		Page 68 of 102
2343	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
2344	2341
2345		-	2. Any bonds issued by the district shall be incontestable ~~1664~~
2346		-	in the hands of bona fide purchasers or holders for value and ~~1665~~
2347		-	shall not be invalid because of any irregularity or defect in ~~1666~~
2348		-	the proceedings for the issue and sale thereof. ~~1667~~
2349		-	(k) Covenants.—Any resolution authorizing the issuance of ~~1668~~
2350		-	bonds may contain such covenants as the ~~boa rd~~ may deem ~~1669~~
2351		-	advisable, and all such covenants shall constitute valid and ~~1670~~
2352		-	legally binding and enforceable contracts between the district ~~1671~~
2353		-	and the bondholders, ~~regardless~~ of the time of issuance thereof. ~~1672~~
2354		-	Such covenants may include, without limitation, ~~covenan ts 1673~~
2355		-	concerning the disposition of the bond proceeds; the use and ~~1674~~
2356		-	disposition of project revenues; the pledging of revenues, ~~1675~~
2357		-	taxes, and assessments; the obligations of the district with ~~1676~~
2358		-	respect to the operation of the project and the maintenance of ~~1677~~
2359		-	adequate project revenues; the issuance of additional bonds; the ~~1678~~
2360		-	appointment, powers, and duties of trustees and receivers; the ~~1679~~
2361		-	acquisition of outstanding bonds and ~~obligations~~; restrictions ~~1680~~
2362		-	on the establishing of competing projects or facilities; ~~1681~~
2363		-	restrictions on the sale or disposal of the assets and property ~~1682~~
2364		-	of the district; the priority of assessment liens; the priority ~~1683~~
2365		-	of claims by bondholders on the taxing power of the ~~district~~; ~~1684~~
2366		-	the maintenance of deposits to ensure the payment of revenues by ~~1685~~
2367		-	users of district facilities and services; the discontinuance of ~~1686~~
2368		-	district services by reason of delinquent payments; acceleration ~~1687~~
2369		-	upon default; the execution of necessary instruments; the ~~1688~~
2370		-
2371		-	~~CS/~~HB 4041 2025
2372		-
2373		-
2374		-
2375		-	CODING: Words stricken are deletions; words underlined are additions.
2376		-	hb4041-~~01-c1~~
	2342	+	2. Any bonds issued by the district shall be incontestable 1661
	2343	+	in the hands of bona fide purchasers or holders for value and 1662
	2344	+	shall not be invalid because of any irregularity or defect in 1663
	2345	+	the proceedings for the issue and sale thereof. 1664
	2346	+	(k) Covenants.—Any resolution authorizing the issuance of 1665
	2347	+	bonds may contain such covenants as the board may deem 1666
	2348	+	advisable, and all such covenants shall constitute valid and 1667
	2349	+	legally binding and enforceable contracts between the district 1668
	2350	+	and the bondholders, regardles s of the time of issuance thereof. 1669
	2351	+	Such covenants may include, without limitation, covenants 1670
	2352	+	concerning the disposition of the bond proceeds; the use and 1671
	2353	+	disposition of project revenues; the pledging of revenues, 1672
	2354	+	taxes, and assessments; the obligations of the district with 1673
	2355	+	respect to the operation of the project and the maintenance of 1674
	2356	+	adequate project revenues; the issuance of additional bonds; the 1675
	2357	+	appointment, powers, and duties of trustees and receivers; the 1676
	2358	+	acquisition of outstanding bonds and obligation s; restrictions 1677
	2359	+	on the establishing of competing projects or facilities; 1678
	2360	+	restrictions on the sale or disposal of the assets and property 1679
	2361	+	of the district; the priority of assessment liens; the priority 1680
	2362	+	of claims by bondholders on the taxing power of the dis trict; 1681
	2363	+	the maintenance of deposits to ensure the payment of revenues by 1682
	2364	+	users of district facilities and services; the discontinuance of 1683
	2365	+	district services by reason of delinquent payments; acceleration 1684
	2366	+	upon default; the execution of necessary instruments; the 1685
	2367	+
	2368	+	HB 4041 2025
	2369	+
	2370	+
	2371	+
	2372	+	CODING: Words stricken are deletions; words underlined are additions.
	2373	+	hb4041-00
2377	2374		Page 69 of 102
2378	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
2379	2376
2380		-	procedure for amending or abrogating covenants with the ~~1689~~
2381		-	bondholders; and such other ~~co venants~~ as may be deemed necessary ~~1690~~
2382		-	or desirable for the security of the bondholders. ~~1691~~
2383		-	(l) Validation proceedings. —The power of the district to ~~1692~~
2384		-	issue bonds under this act may be determined, and any of the ~~1693~~
2385		-	bonds of the district maturing over a period of ~~mor e~~ than 5 ~~1694~~
2386		-	years shall be validated and confirmed, by court decree, under ~~1695~~
2387		-	chapter 75, Florida Statutes, and laws amendatory thereof or ~~1696~~
2388		-	supplementary thereto. ~~1697~~
2389		-	(m) Tax exemption.—To the extent allowed by general law, ~~1698~~
2390		-	all bonds issued hereunder and interest ~~p aid~~ thereon and all ~~1699~~
2391		-	fees, charges, and other revenues derived by the district from ~~1700~~
2392		-	the projects provided by this act are exempt from all taxes by ~~1701~~
2393		-	the state or by any political subdivision, agency, or ~~1702~~
2394		-	instrumentality thereof; however, any interest, income, or ~~1703~~
2395		-	profits on debt obligations issued hereunder are not exempt from ~~1704~~
2396		-	the tax imposed by chapter 220, Florida Statutes. Further, the ~~1705~~
2397		-	district is not exempt from chapter 212, Florida Statutes. ~~1706~~
2398		-	(n) Application of s. 189.051, Florida Statutes. —Bonds ~~1707~~
2399		-	issued by the district shall meet the criteria set forth in s. ~~1708~~
2400		-	189.051, Florida Statutes. ~~1709~~
2401		-	(o) Act furnishes full authority for issuance of bonds. —~~1710~~
2402		-	This act constitutes full ~~and~~ complete authority for the ~~1711~~
2403		-	issuance of bonds and the exercise of the powers of the ~~dist rict 1712~~
2404		-	provided herein. No procedures or proceedings, publications, ~~1713~~
2405		-
2406		-	~~CS/~~HB 4041 2025
2407		-
2408		-
2409		-
2410		-	CODING: Words stricken are deletions; words underlined are additions.
2411		-	hb4041-~~01-c1~~
	2377	+	procedure for amending or abrogating covenants with the 1686
	2378	+	bondholders; and such other covenants as may be deemed necessary 1687
	2379	+	or desirable for the security of the bondholders. 1688
	2380	+	(l) Validation proceedings. —The power of the district to 1689
	2381	+	issue bonds under this act may be determined, and any of the 1690
	2382	+	bonds of the district maturing over a period of more than 5 1691
	2383	+	years shall be validated and confirmed, by court decree, under 1692
	2384	+	chapter 75, Florida Statutes, and laws amendatory thereof or 1693
	2385	+	supplementary thereto. 1694
	2386	+	(m) Tax exemption.—To the extent allowed by general law, 1695
	2387	+	all bonds issued hereunder and interest paid thereon and all 1696
	2388	+	fees, charges, and other revenues derived by the district from 1697
	2389	+	the projects provided by this act are exempt from all taxes by 1698
	2390	+	the state or by any political subdivision, agency, or 1699
	2391	+	instrumentality thereof; however, any interest, income, or 1700
	2392	+	profits on debt obligations issued hereunder are not exempt from 1701
	2393	+	the tax imposed by chapter 220, Florida Statutes. Further, the 1702
	2394	+	district is not exempt from chapter 212, Florida Statutes. 1703
	2395	+	(n) Application of s. 189.051, Florida Statutes. —Bonds 1704
	2396	+	issued by the district shall meet the criteria set forth in s. 1705
	2397	+	189.051, Florida Statutes. 1706
	2398	+	(o) Act furnishes full authority for issuance of bonds. —1707
	2399	+	This act constitutes full a nd complete authority for the 1708
	2400	+	issuance of bonds and the exercise of the powers of the district 1709
	2401	+	provided herein. No procedures or proceedings, publications, 1710
	2402	+
	2403	+	HB 4041 2025
	2404	+
	2405	+
	2406	+
	2407	+	CODING: Words stricken are deletions; words underlined are additions.
	2408	+	hb4041-00
2412	2409		Page 70 of 102
2413	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
2414	2411
2415		-	notices, consents, approvals, orders, acts, or things by the ~~1714~~
2416		-	board, or any board, officer, ~~commission~~, department, agency, or ~~1715~~
2417		-	instrumentality of the district, other than those required by ~~1716~~
2418		-	this act, shall be required to perform anything under this act, ~~1717~~
2419		-	except that the issuance or sale of bonds pursuant to this act ~~1718~~
2420		-	shall comply with the general law ~~requirements~~ applicable to the ~~1719~~
2421		-	issuance or sale of bonds by the district. Nothing in this act ~~1720~~
2422		-	shall be construed to authorize the district to utilize bond ~~1721~~
2423		-	proceeds to fund the ongoing operations of the district. ~~1722~~
2424		-	(p) Pledge by the state to the bondholders of the ~~1723~~
2425		-	district.—The state pledges to the holders of any bonds issued ~~1724~~
2426		-	under this act that it ~~wil l~~ not limit or alter the rights of the ~~1725~~
2427		-	district to own, acquire, construct, reconstruct, improve, ~~1726~~
2428		-	maintain, operate, or furnish the projects or to levy and ~~1727~~
2429		-	collect the taxes, assessments, rentals, rates, fees, and other ~~1728~~
2430		-	charges provided for herein and to ~~f ulfill~~ the terms of any ~~1729~~
2431		-	agreement made with the holders of such bonds or other ~~1730~~
2432		-	obligations and that it will not in any way impair the rights or ~~1731~~
2433		-	remedies of such ~~holders~~. ~~1732~~
2434		-	(q) Default.—A default on the bonds or obligations of the ~~1733~~
2435		-	district shall not ~~constit ute~~ a debt or obligation of the state ~~1734~~
2436		-	or any general-purpose local government of the state. In the ~~1735~~
2437		-	event of a default or dissolution of the district, no general -~~1736~~
2438		-	purpose local government shall be required to assume the ~~1737~~
2439		-	property of the district, the debts of the district, or the ~~1738~~
2440		-
2441		-	~~CS/~~HB 4041 2025
2442		-
2443		-
2444		-
2445		-	CODING: Words stricken are deletions; words underlined are additions.
2446		-	hb4041-~~01-c1~~
	2412	+	notices, consents, approvals, orders, acts, or things by the 1711
	2413	+	board, or any board, officer, commissio n, department, agency, or 1712
	2414	+	instrumentality of the district, other than those required by 1713
	2415	+	this act, shall be required to perform anything under this act, 1714
	2416	+	except that the issuance or sale of bonds pursuant to this act 1715
	2417	+	shall comply with the general law require ments applicable to the 1716
	2418	+	issuance or sale of bonds by the district. Nothing in this act 1717
	2419	+	shall be construed to authorize the district to utilize bond 1718
	2420	+	proceeds to fund the ongoing operations of the district. 1719
	2421	+	(p) Pledge by the state to the bondholders of the 1720
	2422	+	district.—The state pledges to the holders of any bonds issued 1721
	2423	+	under this act that it will not limit or alter the rights of the 1722
	2424	+	district to own, acquire, construct, reconstruct, improve, 1723
	2425	+	maintain, operate, or furnish the projects or to levy and 1724
	2426	+	collect the taxes, assessments, rentals, rates, fees, and other 1725
	2427	+	charges provided for herein and to fulfill the terms of any 1726
	2428	+	agreement made with the holders of such bonds or other 1727
	2429	+	obligations and that it will not in any way impair the rights or 1728
	2430	+	remedies of such holde rs. 1729
	2431	+	(q) Default.—A default on the bonds or obligations of the 1730
	2432	+	district shall not constitute a debt or obligation of the state 1731
	2433	+	or any general-purpose local government of the state. In the 1732
	2434	+	event of a default or dissolution of the district, no general -1733
	2435	+	purpose local government shall be required to assume the 1734
	2436	+	property of the district, the debts of the district, or the 1735
	2437	+
	2438	+	HB 4041 2025
	2439	+
	2440	+
	2441	+
	2442	+	CODING: Words stricken are deletions; words underlined are additions.
	2443	+	hb4041-00
2447	2444		Page 71 of 102
2448	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
2449	2446
2450		-	district's obligations to complete any infrastructure ~~1739~~
2451		-	improvements or provide any services to the district. The ~~1740~~
2452		-	provisions of s. 189.076(2), ~~Florida~~ Statutes, shall not apply ~~1741~~
2453		-	to the district. ~~1742~~
2454		-	(11) TRUST AGREEMENTS. —Any issue of bonds shall be secured ~~1743~~
2455		-	by a trust agreement or resolution by and between the district ~~1744~~
2456		-	and a corporate trustee or trustees, which may be any trust ~~1745~~
2457		-	company or bank having ~~the~~ powers of a trust company within or ~~1746~~
2458		-	without the state. The resolution authorizing the ~~i ssuance~~ of ~~1747~~
2459		-	the bonds or such trust agreement may pledge the revenues to be ~~1748~~
2460		-	received from any projects of the district and may contain such ~~1749~~
2461		-	provisions for protecting ~~and~~ enforcing the rights and remedies ~~1750~~
2462		-	of the bondholders as the board may approve, ~~includin g~~, without ~~1751~~
2463		-	limitation, covenants setting forth the duties of the district ~~1752~~
2464		-	in relation to: the acquisition, construction, reconstruction, ~~1753~~
2465		-	improvement, maintenance, ~~repair~~, operation, and insurance of ~~1754~~
2466		-	any projects; the fixing and revising of the rates, fees, and ~~1755~~
2467		-	charges; and the custody, safeguarding, and application of all ~~1756~~
2468		-	moneys and for the employment of consulting engineers in ~~1757~~
2469		-	connection with such acquisition, ~~construction~~, reconstruction, ~~1758~~
2470		-	improvement, maintenance, repair, or operation. It shall be ~~1759~~
2471		-	lawful for any bank or trust company within or without the state ~~1760~~
2472		-	which may act as a depository of the proceeds of bonds or of ~~1761~~
2473		-	revenues to furnish such indemnifying bonds or to pledge such ~~1762~~
2474		-	securities as may be required by the district. Such resolution ~~1763~~
2475		-
2476		-	~~CS/~~HB 4041 2025
2477		-
2478		-
2479		-
2480		-	CODING: Words stricken are deletions; words underlined are additions.
2481		-	hb4041-~~01-c1~~
	2447	+	district's obligations to complete any infrastructure 1736
	2448	+	improvements or provide any services to the district. The 1737
	2449	+	provisions of s. 189.076(2), Flo rida Statutes, shall not apply 1738
	2450	+	to the district. 1739
	2451	+	(11) TRUST AGREEMENTS. —Any issue of bonds shall be secured 1740
	2452	+	by a trust agreement or resolution by and between the district 1741
	2453	+	and a corporate trustee or trustees, which may be any trust 1742
	2454	+	company or bank having t he powers of a trust company within or 1743
	2455	+	without the state. The resolution authorizing the issuance of 1744
	2456	+	the bonds or such trust agreement may pledge the revenues to be 1745
	2457	+	received from any projects of the district and may contain such 1746
	2458	+	provisions for protecting a nd enforcing the rights and remedies 1747
	2459	+	of the bondholders as the board may approve, including, without 1748
	2460	+	limitation, covenants setting forth the duties of the district 1749
	2461	+	in relation to: the acquisition, construction, reconstruction, 1750
	2462	+	improvement, maintenance, rep air, operation, and insurance of 1751
	2463	+	any projects; the fixing and revising of the rates, fees, and 1752
	2464	+	charges; and the custody, safeguarding, and application of all 1753
	2465	+	moneys and for the employment of consulting engineers in 1754
	2466	+	connection with such acquisition, constru ction, reconstruction, 1755
	2467	+	improvement, maintenance, repair, or operation. It shall be 1756
	2468	+	lawful for any bank or trust company within or without the state 1757
	2469	+	which may act as a depository of the proceeds of bonds or of 1758
	2470	+	revenues to furnish such indemnifying bonds or to pledge such 1759
	2471	+	securities as may be required by the district. Such resolution 1760
	2472	+
	2473	+	HB 4041 2025
	2474	+
	2475	+
	2476	+
	2477	+	CODING: Words stricken are deletions; words underlined are additions.
	2478	+	hb4041-00
2482	2479		Page 72 of 102
2483	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
2484	2481
2485		-	or trust agreement may set forth the rights and remedies of the ~~1764~~
2486		-	bondholders and of the trustee, if any, and may restrict the ~~1765~~
2487		-	individual right of action by bondholders. The board may provide ~~1766~~
2488		-	for the payment of proceeds of the sale of the bonds and the ~~1767~~
2489		-	revenues of any project to such officer, board, or depository as ~~1768~~
2490		-	it may designate for the custody thereof and may provide for the ~~1769~~
2491		-	method of disbursement thereof with such safeguards ~~and 1770~~
2492		-	restrictions as it may determine. All expenses incurred in ~~1771~~
2493		-	carrying out the provisions of such resolution or trust ~~1772~~
2494		-	agreement may be treated as part of the cost of operation of the ~~1773~~
2495		-	project to which such resolution or trust agreement pertains. ~~1774~~
2496		-	(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL ~~1775~~
2497		-	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, ~~A ND~~ SPECIAL ~~1776~~
2498		-	ASSESSMENTS; MAINTENANCE TAXES. — ~~1777~~
2499		-	(a) Ad valorem taxes. —At such time as all members of the ~~1778~~
2500		-	board are qualified electors who are elected by qualified ~~1779~~
2501		-	electors of the district, the board shall have the power to levy ~~1780~~
2502		-	and assess an ad valorem tax on all the taxable property in the ~~1781~~
2503		-	district to construct, operate, and maintain assessable ~~1782~~
2504		-	improvements; to pay the principal of, and interest on, any ~~1783~~
2505		-	general obligation bonds of the district; and to provide for any ~~1784~~
2506		-	sinking or other funds established in connection with any such ~~1785~~
2507		-	bonds. An ad valorem ~~ta x~~ levied by the board for operating ~~1786~~
2508		-	purposes, exclusive of debt service on bonds, shall not exceed 3 ~~1787~~
2509		-	mills. The ad ~~valorem~~ tax provided for herein shall be in ~~1788~~
2510		-
2511		-	~~CS/~~HB 4041 2025
2512		-
2513		-
2514		-
2515		-	CODING: Words stricken are deletions; words underlined are additions.
2516		-	hb4041-~~01-c1~~
	2482	+	or trust agreement may set forth the rights and remedies of the 1761
	2483	+	bondholders and of the trustee, if any, and may restrict the 1762
	2484	+	individual right of action by bondholders. The board may provide 1763
	2485	+	for the payment of proceeds of the sale of the bonds and the 1764
	2486	+	revenues of any project to such officer, board, or depository as 1765
	2487	+	it may designate for the custody thereof and may provide for the 1766
	2488	+	method of disbursement thereof with such safeguards a nd 1767
	2489	+	restrictions as it may determine. All expenses incurred in 1768
	2490	+	carrying out the provisions of such resolution or trust 1769
	2491	+	agreement may be treated as part of the cost of operation of the 1770
	2492	+	project to which such resolution or trust agreement pertains. 1771
	2493	+	(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL 1772
	2494	+	ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL 1773
	2495	+	ASSESSMENTS; MAINTENANCE TAXES. — 1774
	2496	+	(a) Ad valorem taxes. —At such time as all members of the 1775
	2497	+	board are qualified electors who are elected by qualified 1776
	2498	+	electors of the district, the board shall have the power to levy 1777
	2499	+	and assess an ad valorem tax on all the taxable property in the 1778
	2500	+	district to construct, operate, and maintain assessable 1779
	2501	+	improvements; to pay the principal of, and interest on, any 1780
	2502	+	general obligation bonds of the district; and to provide for any 1781
	2503	+	sinking or other funds established in connection with any such 1782
	2504	+	bonds. An ad valorem tax levied by the board for operating 1783
	2505	+	purposes, exclusive of debt service on bonds, shall not exceed 3 1784
	2506	+	mills. The ad valore m tax provided for herein shall be in 1785
	2507	+
	2508	+	HB 4041 2025
	2509	+
	2510	+
	2511	+
	2512	+	CODING: Words stricken are deletions; words underlined are additions.
	2513	+	hb4041-00
2517	2514		Page 73 of 102
2518	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
2519	2516
2520		-	addition to county and all other ad valorem taxes provided for ~~1789~~
2521		-	by law. Such tax shall be assessed , levied, and collected in the ~~1790~~
2522		-	same manner and at the same time as county taxes. The levy of ad ~~1791~~
2523		-	valorem taxes must be ~~approved~~ by referendum as required by s. ~~1792~~
2524		-	9, Article VII of the State Constitution ~~and held at a general 1793~~
2525		-	~~election~~. ~~1794~~
2526		-	~~(b) Benefit special as sessments.—~~The ~~board annually shall 1795~~
2527		-	~~determine, order,~~ and ~~levy the annual installment of the total 1796~~
2528		-	~~benefit special~~ assessments ~~for bonds issued and related 1797~~
2529		-	~~expenses to finance assessable improvements.~~ ~~These assessments 1798~~
2530		-	~~may be due~~ and ~~collected during each year county taxes are due 1799~~
2531		-	~~and collected,~~ ~~in which case such annual installment~~ and ~~levy 1800~~
2532		-	~~shall be evidenced to and certified to~~ the ~~property appraiser by 1801~~
2533		-	the ~~board not later than August 31 of each year. Such assessment 1802~~
2534		-	shall be ~~entered~~ by the ~~property appra iser on the county~~ tax ~~1803~~
2535		-	~~rolls~~ and ~~shall be collected~~ and ~~enforced by~~ the ~~tax collector 1804~~
2536		-	in the ~~same manner and at the same time as county taxes~~, ~~and the 1805~~
2537		-	~~proceeds thereof~~ shall ~~be paid to~~ the district~~. However,~~ ~~this 1806~~
2538		-	~~paragraph shall not prohibit~~ the ~~district i n its discretion from 1807~~
2539		-	~~using the method prescribed in s. 197.3632~~, Florida Statutes, ~~or 1808~~
2540		-	~~chapter 173~~, ~~Florida Statutes,~~ as each ~~may be amended from time 1809~~
2541		-	~~to time,~~ ~~for collecting and enforcing these~~ assessments~~. Each 1810~~
2542		-	~~annual installment of benefit special asses sments~~ shall ~~be a 1811~~
2543		-	~~lien on~~ the ~~property against which assessed until paid and shall 1812~~
2544		-	~~be enforceable in like manner as county taxes.~~ The ~~amount~~ of the ~~1813~~
2545		-
2546		-	~~CS/~~HB 4041 2025
2547		-
2548		-
2549		-
2550		-	CODING: Words stricken are deletions; words underlined are additions.
2551		-	hb4041-~~01-c1~~
	2517	+	addition to county and all other ad valorem taxes provided for 1786
	2518	+	by law. Such tax shall be assessed, levied, and collected in the 1787
	2519	+	same manner and at the same time as county taxes. The levy of ad 1788
	2520	+	valorem taxes must be app roved by referendum as required by s. 1789
	2521	+	9, Article VII of the State Constitution. 1790
	2522	+	(b) Benefit special assessments. —The board annually shall 1791
	2523	+	determine, order, and levy the annual installment of the total 1792
	2524	+	benefit special assessments for bonds issued and rela ted 1793
	2525	+	expenses to finance assessable improvements. These assessments 1794
	2526	+	may be due and collected during each year county taxes are due 1795
	2527	+	and collected, in which case such annual installment and levy 1796
	2528	+	shall be evidenced to and certified to the property appraiser by 1797
	2529	+	the board not later than August 31 of each year. Such assessment 1798
	2530	+	shall be entered by the property appraiser on the county tax 1799
	2531	+	rolls and shall be collected and enforced by the tax collector 1800
	2532	+	in the same manner and at the same time as county taxes, and the 1801
	2533	+	proceeds thereof shall be paid to the district. However, this 1802
	2534	+	paragraph shall not prohibit the district in its discretion from 1803
	2535	+	using the method prescribed in s. 197.3632, Florida Statutes, or 1804
	2536	+	chapter 173, Florida Statutes, as each may be amended from time 1805
	2537	+	to time, for collecting and enforcing these assessments. Each 1806
	2538	+	annual installment of benefit special assessments shall be a 1807
	2539	+	lien on the property against which assessed until paid and shall 1808
	2540	+	be enforceable in like manner as county taxes. The amount of the 1809
	2541	+	assessment for the exercise of the district's powers under 1810
	2542	+
	2543	+	HB 4041 2025
	2544	+
	2545	+
	2546	+
	2547	+	CODING: Words stricken are deletions; words underlined are additions.
	2548	+	hb4041-00
2552	2549		Page 74 of 102
2553	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
2554	2551
2555		-	~~assessment for~~ the ~~exercise of the district's powers under 1814~~
2556		-	~~subsections (6)~~ and ~~(7) shall be determined~~ by ~~th e board based 1815~~
2557		-	upon ~~a report~~ of the ~~district's engineer and assessed by the 1816~~
2558		-	~~board upon such lands, which may be part or all of~~ the ~~lands 1817~~
2559		-	~~within~~ the ~~district benefited by the improvement, apportioned 1818~~
2560		-	~~between benefited lands~~ in ~~proportion to the benefits rece ived 1819~~
2561		-	~~by each tract~~ of ~~land.~~ The ~~board may,~~ ~~if it determines it is in 1820~~
2562		-	~~the best interests of the district,~~ ~~set forth~~ in ~~the proceedings 1821~~
2563		-	~~initially levying such benefit special assessments or in 1822~~
2564		-	~~subsequent proceedings~~ a ~~formula for the determination of an 1823~~
2565		-	~~amount~~, ~~which when paid by~~ a ~~taxpayer with respect to any tax 1824~~
2566		-	~~parcel shall constitute a prepayment~~ of ~~all future annual 1825~~
2567		-	~~installments~~ of such ~~benefit special assessments and that the 1826~~
2568		-	~~payment of which amount with respect to~~ such tax parcel ~~shall 1827~~
2569		-	~~relieve~~ and ~~discharge such tax parcel of the lien of such 1828~~
2570		-	~~benefit special assessments and any subsequent annual 1829~~
2571		-	~~installment thereof.~~ The ~~board may provide further that upon 1830~~
2572		-	~~delinquency in~~ the ~~payment~~ of ~~any~~ annual ~~installment of benefit 1831~~
2573		-	special assessments, the ~~prepayment amount of all future annual 1832~~
2574		-	~~installments of benefit special assessments as determined in the 1833~~
2575		-	~~preceding sentence shall be and become immediately due and 1834~~
2576		-	~~payable together with such delinquent annual installment~~. ~~1835~~
2577		-	~~(c) Non-ad~~ ~~valorem maintenance taxes. —If~~ and ~~when 1836~~
2578		-	~~authorized by general law, to maintain~~ and ~~to preserve~~ the ~~1837~~
2579		-	~~physical facilities and services constituting~~ the ~~works, 1838~~
2580		-
2581		-	~~CS/~~HB 4041 2025
2582		-
2583		-
2584		-
2585		-	CODING: Words stricken are deletions; words underlined are additions.
2586		-	hb4041-~~01-c1~~
	2552	+	subsections (6) and (7) shall be determined by the board based 1811
	2553	+	upon a report of the district's engineer and assessed by the 1812
	2554	+	board upon such lands, which may be part or all of the lands 1813
	2555	+	within the district benefited by the improvement, apportioned 1814
	2556	+	between benefited lands in proportion to the benefits received 1815
	2557	+	by each tract of land. The board may, if it determines it is in 1816
	2558	+	the best interests of the district, set forth in the proceedings 1817
	2559	+	initially levying such benefit special assessments or in 1818
	2560	+	subsequent proceedings a formula for the determination of an 1819
	2561	+	amount, which when paid by a taxpayer with respect to any tax 1820
	2562	+	parcel, shall constitute a prepayment of all future annual 1821
	2563	+	installments of such benefit specia l assessments and that the 1822
	2564	+	payment of which amount with respect to such tax parcel shall 1823
	2565	+	relieve and discharge such tax parcel of the lien of such 1824
	2566	+	benefit special assessments and any subsequent annual 1825
	2567	+	installment thereof. The board may provide further that upon 1826
	2568	+	delinquency in the payment of any annual installment of benefit 1827
	2569	+	special assessments, the prepayment amount of all future annual 1828
	2570	+	installments of benefit special assessments as determined in the 1829
	2571	+	preceding sentence shall be and become immediately due an d 1830
	2572	+	payable together with such delinquent annual installment. 1831
	2573	+	(c) Non-ad valorem maintenance taxes. —If and when 1832
	2574	+	authorized by general law, to maintain and to preserve the 1833
	2575	+	physical facilities and services constituting the works, 1834
	2576	+	improvements, or infrastructure owned by the district pursuant 1835
	2577	+
	2578	+	HB 4041 2025
	2579	+
	2580	+
	2581	+
	2582	+	CODING: Words stricken are deletions; words underlined are additions.
	2583	+	hb4041-00
2587	2584		Page 75 of 102
2588	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
2589	2586
2590		-	improvements, or infrastructure owned by the district pursuant 1839
2591		-	to this act, to repair and restore any one or more of them, when 1840
2592		-	needed, and to defray the current expenses of the district, 1841
2593		-	including any sum which may be required to pay state and county 1842
2594		-	ad valorem taxes on any lands which may have been purchased and 1843
2595		-	which are held by the district under this act, the board of 1844
2596		-	supervisors may, upon the completion of said systems, 1845
2597		-	facilities, services, works, improvements, or infrastructure, in 1846
2598		-	whole or in part, as may be certified to the board by the 1847
2599		-	engineer of the board, levy annually a non -ad valorem and 1848
2600		-	nonmillage tax upon each tract or parcel of land within the 1849
2601		-	district, to be known as a "maintenance tax." This non -ad 1850
2602		-	valorem maintenance tax shall be apportioned upon the basis of 1851
2603		-	the net assessments of benefits assessed as accruing from the 1852
2604		-	original construction and shall be evidenced to and certified by 1853
2605		-	the board of supervisors of the district not later than June 1 1854
2606		-	of each year to the Collier County tax collector and shall be 1855
2607		-	extended on the tax rolls and collected by the tax collector on 1856
2608		-	the merged collection roll of the tax collector i n the same 1857
2609		-	manner and at the same time as county ad valorem taxes, and the 1858
2610		-	proceeds therefrom shall be paid to the district. This non -ad 1859
2611		-	valorem maintenance tax shall be a lien until paid on the 1860
2612		-	property against which assessed and enforceable in like manne r 1861
2613		-	and of the same dignity as county ad valorem taxes. 1862
2614		-
2615		-	CS/HB 4041 2025
2616		-
2617		-
2618		-
2619		-	CODING: Words stricken are deletions; words underlined are additions.
2620		-	hb4041-01-c1
	2587	+	to this act, to repair and restore any one or more of them, when 1836
	2588	+	needed, and to defray the current expenses of the district, 1837
	2589	+	including any sum which may be required to pay state and county 1838
	2590	+	ad valorem taxes on any lands which may have been purchased and 1839
	2591	+	which are held by the distric t under this act, the board of 1840
	2592	+	supervisors may, upon the completion of said systems, 1841
	2593	+	facilities, services, works, improvements, or infrastructure, in 1842
	2594	+	whole or in part, as may be certified to the board by the 1843
	2595	+	engineer of the board, levy annually a non -ad valorem and 1844
	2596	+	nonmillage tax upon each tract or parcel of land within the 1845
	2597	+	district, to be known as a "maintenance tax." This non -ad 1846
	2598	+	valorem maintenance tax shall be apportioned upon the basis of 1847
	2599	+	the net assessments of benefits assessed as accruing from the 1848
	2600	+	original construction and shall be evidenced to and certified by 1849
	2601	+	the board of supervisors of the district not later than June 1 1850
	2602	+	of each year to the Collier County tax collector and shall be 1851
	2603	+	extended on the tax rolls and collected by the tax collector on 1852
	2604	+	the merged collection roll of the tax collector in the same 1853
	2605	+	manner and at the same time as county ad valorem taxes, and the 1854
	2606	+	proceeds therefrom shall be paid to the district. This non -ad 1855
	2607	+	valorem maintenance tax shall be a lien until paid on the 1856
	2608	+	property against which assessed and enforceable in like manner 1857
	2609	+	and of the same dignity as county ad valorem taxes. 1858
	2610	+	(d) Maintenance special assessments. —To maintain and 1859
	2611	+	preserve the facilities and projects of the district, the board 1860
	2612	+
	2613	+	HB 4041 2025
	2614	+
	2615	+
	2616	+
	2617	+	CODING: Words stricken are deletions; words underlined are additions.
	2618	+	hb4041-00
2621	2619		Page 76 of 102
2622	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
2623	2621
2624		-	(d) Maintenance special assessments. —To maintain and 1863
2625		-	preserve the facilities and projects of the district, the board 1864
2626		-	may levy a maintenance special assessment. This assessment may 1865
2627		-	be evidenced to and certified to the tax collector by the board 1866
2628		-	of supervisors not later than August 31 of each year and shall 1867
2629		-	be entered by the property appraiser on the county tax rolls and 1868
2630		-	shall be collected and enforced by the tax collector in the same 1869
2631		-	manner and at the same time as county taxes, and the proceeds 1870
2632		-	therefrom shall be paid to the district. However, this paragraph 1871
2633		-	shall not prohibit the district in its discretion from using the 1872
2634		-	method prescribed in s. 197.363, s. 197.3631, or s. 197.3632, 1873
2635		-	Florida Statutes, for collecting and enforcing these 1874
2636		-	assessments. These maintenance special assessments shall be a 1875
2637		-	lien on the property against which assessed until paid and shall 1876
2638		-	be enforceable in like manner as county taxes. The amount of the 1877
2639		-	maintenance special assessment f or the exercise of the 1878
2640		-	district's powers under this section shall be determined by the 1879
2641		-	board based upon a report of the district's engineer and 1880
2642		-	assessed by the board upon such lands, which may be all of the 1881
2643		-	lands within the district benefited by the mainte nance thereof, 1882
2644		-	apportioned between the benefited lands in proportion to the 1883
2645		-	benefits received by each tract of land. 1884
2646		-	(e) Special assessments. —The board may levy and impose any 1885
2647		-	special assessments pursuant to this subsection. 1886
2648		-
2649		-	CS/HB 4041 2025
2650		-
2651		-
2652		-
2653		-	CODING: Words stricken are deletions; words underlined are additions.
2654		-	hb4041-01-c1
	2622	+	may levy a maintenance special assessme nt. This assessment may 1861
	2623	+	be evidenced to and certified to the tax collector by the board 1862
	2624	+	of supervisors not later than August 31 of each year and shall 1863
	2625	+	be entered by the property appraiser on the county tax rolls and 1864
	2626	+	shall be collected and enforced by the t ax collector in the same 1865
	2627	+	manner and at the same time as county taxes, and the proceeds 1866
	2628	+	therefrom shall be paid to the district. However, this paragraph 1867
	2629	+	shall not prohibit the district in its discretion from using the 1868
	2630	+	method prescribed in s. 197.363, s. 197 .3631, or s. 197.3632, 1869
	2631	+	Florida Statutes, for collecting and enforcing these 1870
	2632	+	assessments. These maintenance special assessments shall be a 1871
	2633	+	lien on the property against which assessed until paid and shall 1872
	2634	+	be enforceable in like manner as county taxes. The am ount of the 1873
	2635	+	maintenance special assessment for the exercise of the 1874
	2636	+	district's powers under this section shall be determined by the 1875
	2637	+	board based upon a report of the district's engineer and 1876
	2638	+	assessed by the board upon such lands, which may be all of the 1877
	2639	+	lands within the district benefited by the maintenance thereof, 1878
	2640	+	apportioned between the benefited lands in proportion to the 1879
	2641	+	benefits received by each tract of land. 1880
	2642	+	(e) Special assessments. —The board may levy and impose any 1881
	2643	+	special assessments pursuant to th is subsection. 1882
	2644	+	(f) Enforcement of taxes. —The collection and enforcement 1883
	2645	+	of all taxes levied by the district shall be at the same time 1884
	2646	+	and in like manner as county taxes, and the provisions of the 1885
	2647	+
	2648	+	HB 4041 2025
	2649	+
	2650	+
	2651	+
	2652	+	CODING: Words stricken are deletions; words underlined are additions.
	2653	+	hb4041-00
2655	2654		Page 77 of 102
2656	2655		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
2657	2656
2658		-	~~(f) Enforcement~~ of ~~taxes. —~~The ~~collection and enforcement 1887~~
2659		-	~~of all~~ taxes ~~levied by~~ the ~~district shall be at the same time 1888~~
2660		-	and ~~in like manner as~~ county taxes~~, and~~ the ~~provisions of the 1889~~
2661		-	~~laws~~ of ~~Florida relating to the sale of lands for unpaid and 1890~~
2662		-	~~delinquent county taxes~~; ~~the issuance, sa le,~~ and ~~delivery of tax 1891~~
2663		-	~~certificates for such unpaid and delinquent county taxes;~~ the ~~1892~~
2664		-	~~redemption thereof;~~ ~~the issuance to individuals of tax deeds 1893~~
2665		-	~~based thereon;~~ ~~and all other procedures in connection therewith 1894~~
2666		-	~~shall be applicable to the district to the sa me extent as if 1895~~
2667		-	~~such statutory provisions were expressly set forth herein.~~ ~~All 1896~~
2668		-	taxes ~~shall be subject to~~ the same ~~discounts~~ as ~~county taxes. 1897~~
2669		-	~~(g) When unpaid tax is delinquent; penalty~~. ~~—All taxes 1898~~
2670		-	~~provided for in this act shall become delinquent and bear 1899~~
2671		-	~~penalties on the amount of such taxes in the same manner as 1900~~
2672		-	~~county taxes.~~ ~~1901~~
2673		-	~~(h) Status of assessments~~. ~~—Benefit special assessments~~, ~~1902~~
2674		-	~~maintenance~~ special assessments~~, and special assessments are 1903~~
2675		-	~~hereby found~~ and ~~determined to be non -ad valorem assessments as 1904~~
2676		-	~~defined by s. 197.3632~~, ~~Florida Statutes.~~ ~~Maintenance taxes are 1905~~
2677		-	~~non-ad valorem taxes~~ and ~~are not~~ special assessments~~. 1906~~
2678		-	~~(i)~~ Assessments ~~constitute liens;~~ ~~collection. —Any~~ ~~and all 1907~~
2679		-	~~assessments~~, ~~including special assessments, benefit special 1908~~
2680		-	~~assessments, and~~ maintenance ~~special assessments authorized~~ by ~~1909~~
2681		-	~~this section,~~ ~~and including special assessments as defined by 1910~~
2682		-	~~section 2(2)(aa)~~ and ~~granted and authorized by this subsection~~, ~~1911~~
2683		-
2684		-	~~CS/~~HB 4041 2025
2685		-
2686		-
2687		-
2688		-	CODING: Words stricken are deletions; words underlined are additions.
2689		-	hb4041-~~01-c1~~
	2657	+	laws of Florida relating to the sale of lands for unpaid a nd 1886
	2658	+	delinquent county taxes; the issuance, sale, and delivery of tax 1887
	2659	+	certificates for such unpaid and delinquent county taxes; the 1888
	2660	+	redemption thereof; the issuance to individuals of tax deeds 1889
	2661	+	based thereon; and all other procedures in connection therewith 1890
	2662	+	shall be applicable to the district to the same extent as if 1891
	2663	+	such statutory provisions were expressly set forth herein. All 1892
	2664	+	taxes shall be subject to the same discounts as county taxes. 1893
	2665	+	(g) When unpaid tax is delinquent; penalty. —All taxes 1894
	2666	+	provided for in this act shall become delinquent and bear 1895
	2667	+	penalties on the amount of such taxes in the same manner as 1896
	2668	+	county taxes. 1897
	2669	+	(h) Status of assessments. —Benefit special assessments, 1898
	2670	+	maintenance special assessments, and special assessments are 1899
	2671	+	hereby found and det ermined to be non-ad valorem assessments as 1900
	2672	+	defined by s. 197.3632, Florida Statutes. Maintenance taxes are 1901
	2673	+	non-ad valorem taxes and are not special assessments. 1902
	2674	+	(i) Assessments constitute liens; collection. —Any and all 1903
	2675	+	assessments, including special ass essments, benefit special 1904
	2676	+	assessments, and maintenance special assessments authorized by 1905
	2677	+	this section, and including special assessments as defined by 1906
	2678	+	section 2(2)(bb) and granted and authorized by this subsection, 1907
	2679	+	and including maintenance taxes if author ized by general law, 1908
	2680	+	shall constitute a lien on the property against which assessed 1909
	2681	+	from the date of levy and imposition thereof until paid, coequal 1910
	2682	+
	2683	+	HB 4041 2025
	2684	+
	2685	+
	2686	+
	2687	+	CODING: Words stricken are deletions; words underlined are additions.
	2688	+	hb4041-00
2690	2689		Page 78 of 102
2691	2690		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
2692	2691
2693		-	and ~~including maintenance taxes if authorized by general law, 1912~~
2694		-	~~shall constitute a lien on the property against which assessed 1913~~
2695		-	~~from the date~~ of ~~levy and imposition thereof until paid~~, ~~coequal 1914~~
2696		-	~~with~~ the ~~lien of state,~~ ~~county, municipal,~~ ~~and school board 1915~~
2697		-	~~taxes~~. ~~These assessments may be collected~~, ~~at the district's 1916~~
2698		-	~~discretion~~, ~~under authority of s.~~ ~~197.3631, Florida Statutes,~~ ~~as 1917~~
2699		-	~~amended from time~~ to ~~time~~, ~~by the tax collector pursuant to ss.~~ ~~1918~~
2700		-	~~197.3632 and 197.3635~~, ~~Florida Statutes,~~ ~~as amended from time to 1919~~
2701		-	~~time~~, ~~or in accordance with other collection measures provided 1920~~
2702		-	~~by law~~. ~~In addition to, and n ot in limitation of, any powers 1921~~
2703		-	otherwise ~~set forth herein or in general law, these assessments 1922~~
2704		-	~~may also be enforced pursuant to chapter 173~~, ~~Florida Statutes,~~ ~~1923~~
2705		-	~~as amended from time to time.~~ ~~1924~~
2706		-	~~(j) Land owned by governmental entity. —Except~~ as ~~otherwise 1925~~
2707		-	~~provided~~ by ~~law, no levy~~ of ~~ad valorem taxes or non -ad~~ ~~valorem 1926~~
2708		-	~~assessments under this act or chapter 170 or chapter 197,~~ ~~1927~~
2709		-	Florida Statutes, ~~as each may be amended from time to time, or 1928~~
2710		-	~~otherwise, by~~ a ~~board~~ of ~~the district,~~ ~~on property of a 1929~~
2711		-	governmental entity ~~t hat is subject to a ground lease as 1930~~
2712		-	~~described in s~~. ~~190.003(14), Florida Statutes, shall constitute 1931~~
2713		-	a ~~lien or encumbrance on~~ the ~~underlying fee interest~~ of ~~such 1932~~
2714		-	~~governmental entity.~~ ~~1933~~
2715		-	~~(13) SPECIAL ASSESSMENTS~~. ~~— 1934~~
2716		-	~~(a) As an alternative method~~ to ~~the levy an d imposition~~ of ~~1935~~
2717		-	~~special assessments pursuant~~ to ~~chapter 170, Florida Statutes, 1936~~
2718		-
2719		-	~~CS/~~HB 4041 2025
2720		-
2721		-
2722		-
2723		-	CODING: Words stricken are deletions; words underlined are additions.
2724		-	hb4041-~~01-c1~~
	2692	+	with the lien of state, county, municipal, and school board 1911
	2693	+	taxes. These assessments may be collected, at t he district's 1912
	2694	+	discretion, under authority of s. 197.3631, Florida Statutes, as 1913
	2695	+	amended from time to time, by the tax collector pursuant to ss. 1914
	2696	+	197.3632 and 197.3635, Florida Statutes, as amended from time to 1915
	2697	+	time, or in accordance with other collection mea sures provided 1916
	2698	+	by law. In addition to, and not in limitation of, any powers 1917
	2699	+	otherwise set forth herein or in general law, these assessments 1918
	2700	+	may also be enforced pursuant to chapter 173, Florida Statutes, 1919
	2701	+	as amended from time to time. 1920
	2702	+	(j) Land owned by go vernmental entity.—Except as otherwise 1921
	2703	+	provided by law, no levy of ad valorem taxes or non -ad valorem 1922
	2704	+	assessments under this act or chapter 170 or chapter 197, 1923
	2705	+	Florida Statutes, as each may be amended from time to time, or 1924
	2706	+	otherwise, by a board of the dist rict, on property of a 1925
	2707	+	governmental entity that is subject to a ground lease as 1926
	2708	+	described in s. 190.003(14), Florida Statutes, shall constitute 1927
	2709	+	a lien or encumbrance on the underlying fee interest of such 1928
	2710	+	governmental entity. 1929
	2711	+	(13) SPECIAL ASSESSMENTS. — 1930
	2712	+	(a) As an alternative method to the levy and imposition of 1931
	2713	+	special assessments pursuant to chapter 170, Florida Statutes, 1932
	2714	+	pursuant to the authority of s. 197.3631, Florida Statutes, or 1933
	2715	+	pursuant to other provisions of general law, now or hereafter 1934
	2716	+	enacted, which provide a supplemental means or authority to 1935
	2717	+
	2718	+	HB 4041 2025
	2719	+
	2720	+
	2721	+
	2722	+	CODING: Words stricken are deletions; words underlined are additions.
	2723	+	hb4041-00
2725	2724		Page 79 of 102
2726	2725		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
2727	2726
2728		-	~~pursuant to the authority of s. 197.3631~~, ~~Florida Statutes~~, ~~or 1937~~
2729		-	~~pursuant to other provisions of general law~~, ~~now or hereafter 1938~~
2730		-	~~enacted, which provide a supplemental means or autho rity~~ to ~~1939~~
2731		-	~~impose, levy,~~ ~~and collect special assessments as otherwise 1940~~
2732		-	~~authorized under this act~~, the board ~~may levy and impose special 1941~~
2733		-	~~assessments to finance~~ the ~~exercise of any of its powers 1942~~
2734		-	~~permitted under this act using~~ the ~~following uniform procedures:~~ ~~1943~~
2735		-	1. At a ~~noticed meeting,~~ ~~the board of supervisors of the 1944~~
2736		-	~~district may consider and review an engineer's report~~ on ~~the 1945~~
2737		-	~~costs of the systems,~~ ~~facilities, and services to be provided, a 1946~~
2738		-	~~preliminary~~ special assessment methodology, and ~~a preliminary 1947~~
2739		-	~~roll based on acreage or platted lands, depending upon~~ whether ~~1948~~
2740		-	~~platting has occurred.~~ ~~1949~~
2741		-	a. The ~~special assessment methodology shall address~~ and ~~1950~~
2742		-	~~discuss and the board shall consider whether the systems~~, ~~1951~~
2743		-	facilities, and services ~~being contemplated will result in 1952~~
2744		-	~~special benefits peculiar~~ to the ~~property, different in kind and 1953~~
2745		-	~~degree than general benefits,~~ as a ~~logical connection between 1954~~
2746		-	~~the systems, facilities,~~ and ~~services themselves and~~ the ~~1955~~
2747		-	~~property,~~ and ~~whether the duty~~ to ~~pay the special assessments by 1956~~
2748		-	the ~~property owners is apportioned in a manner that is fair and 1957~~
2749		-	~~equitable and not in excess~~ of ~~the special benefit received.~~ ~~It 1958~~
2750		-	~~shall be fair~~ and ~~equitable~~ to ~~designate a fixed proportion of 1959~~
2751		-	~~the annual debt service~~, ~~together with interest thereon,~~ on the ~~1960~~
2752		-	~~aggregate principal amount of bonds issued to finance such 1961~~
2753		-
2754		-	~~CS/~~HB 4041 2025
2755		-
2756		-
2757		-
2758		-	CODING: Words stricken are deletions; words underlined are additions.
2759		-	hb4041-~~01-c1~~
	2727	+	impose, levy, and collect special assessments as otherwise 1936
	2728	+	authorized under this act, the board may levy and impose special 1937
	2729	+	assessments to finance the exercise of any of its powers 1938
	2730	+	permitted under this ac t using the following uniform procedures: 1939
	2731	+	1. At a noticed meeting, the board of supervisors of the 1940
	2732	+	district may consider and review an engineer's report on the 1941
	2733	+	costs of the systems, facilities, and services to be provided, a 1942
	2734	+	preliminary special assessmen t methodology, and a preliminary 1943
	2735	+	roll based on acreage or platted lands, depending upon whether 1944
	2736	+	platting has occurred. 1945
	2737	+	a. The special assessment methodology shall address and 1946
	2738	+	discuss and the board shall consider whether the systems, 1947
	2739	+	facilities, and servi ces being contemplated will result in 1948
	2740	+	special benefits peculiar to the property, different in kind and 1949
	2741	+	degree than general benefits, as a logical connection between 1950
	2742	+	the systems, facilities, and services themselves and the 1951
	2743	+	property, and whether the duty to pay the special assessments by 1952
	2744	+	the property owners is apportioned in a manner that is fair and 1953
	2745	+	equitable and not in excess of the special benefit received. It 1954
	2746	+	shall be fair and equitable to designate a fixed proportion of 1955
	2747	+	the annual debt service, together with interest thereon, on the 1956
	2748	+	aggregate principal amount of bonds issued to finance such 1957
	2749	+	systems, facilities, and services which give rise to unique, 1958
	2750	+	special, and peculiar benefits to property of the same or 1959
	2751	+	similar characteristics under the special assess ment methodology 1960
	2752	+
	2753	+	HB 4041 2025
	2754	+
	2755	+
	2756	+
	2757	+	CODING: Words stricken are deletions; words underlined are additions.
	2758	+	hb4041-00
2760	2759		Page 80 of 102
2761	2760		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
2762	2761
2763		-	~~systems, facilities,~~ ~~and services which give rise to~~ unique, ~~1962~~
2764		-	special, and peculiar benefits to property ~~of the same or 1963~~
2765		-	~~similar characteristics under the special assessment methodology 1964~~
2766		-	~~so long as such fixed propo rtion does not exceed~~ the ~~unique, 1965~~
2767		-	~~special~~, and ~~peculiar benefits enjoyed by such property from 1966~~
2768		-	~~such systems~~, ~~facilities, and services.~~ ~~1967~~
2769		-	b. ~~The engineer's cost report shall identify the nature of 1968~~
2770		-	~~the proposed~~ systems, facilities, ~~and services, their locat ion, 1969~~
2771		-	~~a cost breakdown plus a total estimated cost~~, ~~including~~ cost of ~~1970~~
2772		-	~~construction or reconstruction,~~ ~~labor,~~ and ~~materials~~, ~~lands, 1971~~
2773		-	~~property~~, ~~rights~~, ~~easements, franchises,~~ ~~or systems,~~ ~~facilities, 1972~~
2774		-	and ~~services~~ to ~~be acquired, cost of plans and specifications , 1973~~
2775		-	~~surveys~~ of ~~estimates of costs and revenues, costs of 1974~~
2776		-	~~engineering~~, ~~legal~~, ~~and other professional consultation 1975~~
2777		-	~~services~~, and ~~other expenses or costs necessary or incidental to 1976~~
2778		-	~~determining the feasibility~~ or ~~practicability of such 1977~~
2779		-	~~construction, reconstructi on,~~ or ~~acquisition, administrative 1978~~
2780		-	~~expenses, relationship to~~ the ~~authority and power~~ of ~~the 1979~~
2781		-	~~district~~ in ~~its charter, and such other expenses or costs as may 1980~~
2782		-	~~be necessary or incidental to~~ the ~~financing to~~ be ~~authorized~~ by ~~1981~~
2783		-	the board of supervisors~~. 1982~~
2784		-	c. The ~~preliminary special assessment roll will be in 1983~~
2785		-	~~accordance with~~ the ~~assessment methodology as may be adopted by 1984~~
2786		-	~~the board of supervisors;~~ ~~the~~ special ~~assessment roll shall be 1985~~
2787		-	~~completed as promptly as possible and shall show~~ the ~~acreage~~, ~~1986~~
2788		-
2789		-	~~CS/~~HB 4041 2025
2790		-
2791		-
2792		-
2793		-	CODING: Words stricken are deletions; words underlined are additions.
2794		-	hb4041-~~01-c1~~
	2762	+	so long as such fixed proportion does not exceed the unique, 1961
	2763	+	special, and peculiar benefits enjoyed by such property from 1962
	2764	+	such systems, facilities, and services. 1963
	2765	+	b. The engineer's cost report shall identify the nature of 1964
	2766	+	the proposed systems, facilities, and services, their location, 1965
	2767	+	a cost breakdown plus a total estimated cost, including cost of 1966
	2768	+	construction or reconstruction, labor, and materials, lands, 1967
	2769	+	property, rights, easements, franchises, or systems, facilities, 1968
	2770	+	and services to be acquired, cost of plans and specifications, 1969
	2771	+	surveys of estimates of costs and revenues, costs of 1970
	2772	+	engineering, legal, and other professional consultation 1971
	2773	+	services, and other expenses or costs necessary or incidental to 1972
	2774	+	determining the feasibility or pract icability of such 1973
	2775	+	construction, reconstruction, or acquisition, administrative 1974
	2776	+	expenses, relationship to the authority and power of the 1975
	2777	+	district in its charter, and such other expenses or costs as may 1976
	2778	+	be necessary or incidental to the financing to be autho rized by 1977
	2779	+	the board of supervisors. 1978
	2780	+	c. The preliminary special assessment roll will be in 1979
	2781	+	accordance with the assessment methodology as may be adopted by 1980
	2782	+	the board of supervisors; the special assessment roll shall be 1981
	2783	+	completed as promptly as possible and shall show the acreage, 1982
	2784	+	lots, lands, or plats assessed and the amount of the fairly and 1983
	2785	+	reasonably apportioned assessment based on special and peculiar 1984
	2786	+	benefit to the property, lot, parcel, or acreage of land; and, 1985
	2787	+
	2788	+	HB 4041 2025
	2789	+
	2790	+
	2791	+
	2792	+	CODING: Words stricken are deletions; words underlined are additions.
	2793	+	hb4041-00
2795	2794		Page 81 of 102
2796	2795		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
2797	2796
2798		-	~~lots~~, ~~lands~~, or ~~plat s assessed and the amount of the fairly and 1987~~
2799		-	~~reasonably apportioned assessment based on special and peculiar 1988~~
2800		-	~~benefit to~~ the ~~property, lot,~~ ~~parcel, or acreage of land; and, 1989~~
2801		-	if the special assessment ~~against such lot, parcel, acreage, or 1990~~
2802		-	~~portion of land is to be paid in installments, the number of 1991~~
2803		-	~~annual installments in which~~ the ~~special assessment is divided 1992~~
2804		-	~~shall be entered into~~ and ~~shown upon the~~ special assessment ~~1993~~
2805		-	~~roll. 1994~~
2806		-	2. The ~~board of supervisors~~ of the ~~district may determine 1995~~
2807		-	~~and declare by an initial s pecial assessment resolution to levy 1996~~
2808		-	~~and assess~~ the ~~special assessments with respect to assessable 1997~~
2809		-	~~improvements stating~~ the ~~nature of~~ the ~~systems, facilities,~~ ~~and 1998~~
2810		-	~~services, improvements,~~ ~~projects, or infrastructure constituting 1999~~
2811		-	~~such assessable improvements ,~~ the ~~information in~~ the ~~engineer's 2000~~
2812		-	cost report, the ~~information in the~~ special assessment ~~2001~~
2813		-	methodology as ~~determined by the board at the noticed meeting 2002~~
2814		-	~~and referencing and incorporating as part of~~ the resolution the ~~2003~~
2815		-	~~engineer's cost report,~~ the ~~preliminary~~ special ~~assessment 2004~~
2816		-	~~methodology, and the preliminary~~ special assessment ~~roll as 2005~~
2817		-	~~referenced exhibits to the~~ resolution ~~by reference.~~ ~~If the board 2006~~
2818		-	~~determines~~ to ~~declare and levy the special assessments by the 2007~~
2819		-	~~initial special assessment resolution,~~ ~~the board shall also 2008~~
2820		-	~~adopt~~ and ~~declare a notice resolution which~~ shall ~~provide and 2009~~
2821		-	~~cause~~ the ~~initial special assessment resolution to be published 2010~~
2822		-	~~once a week for a period~~ of ~~2 weeks in newspapers of general 2011~~
2823		-
2824		-	~~CS/~~HB 4041 2025
2825		-
2826		-
2827		-
2828		-	CODING: Words stricken are deletions; words underlined are additions.
2829		-	hb4041-~~01-c1~~
	2797	+	if the special assessment against such lo t, parcel, acreage, or 1986
	2798	+	portion of land is to be paid in installments, the number of 1987
	2799	+	annual installments in which the special assessment is divided 1988
	2800	+	shall be entered into and shown upon the special assessment 1989
	2801	+	roll. 1990
	2802	+	2. The board of supervisors of the distri ct may determine 1991
	2803	+	and declare by an initial special assessment resolution to levy 1992
	2804	+	and assess the special assessments with respect to assessable 1993
	2805	+	improvements stating the nature of the systems, facilities, and 1994
	2806	+	services, improvements, projects, or infrastructu re constituting 1995
	2807	+	such assessable improvements, the information in the engineer's 1996
	2808	+	cost report, the information in the special assessment 1997
	2809	+	methodology as determined by the board at the noticed meeting 1998
	2810	+	and referencing and incorporating as part of the resolution the 1999
	2811	+	engineer's cost report, the preliminary special assessment 2000
	2812	+	methodology, and the preliminary special assessment roll as 2001
	2813	+	referenced exhibits to the resolution by reference. If the board 2002
	2814	+	determines to declare and levy the special assessments by the 2003
	2815	+	initial special assessment resolution, the board shall also 2004
	2816	+	adopt and declare a notice resolution which shall provide and 2005
	2817	+	cause the initial special assessment resolution to be published 2006
	2818	+	once a week for a period of 2 weeks in newspapers of general 2007
	2819	+	circulation published in Collier County and said board shall by 2008
	2820	+	the same resolution fix a time and place at which the owner or 2009
	2821	+	owners of the property to be assessed or any other persons 2010
	2822	+
	2823	+	HB 4041 2025
	2824	+
	2825	+
	2826	+
	2827	+	CODING: Words stricken are deletions; words underlined are additions.
	2828	+	hb4041-00
2830	2829		Page 82 of 102
2831	2830		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
2832	2831
2833		-	~~circulation published in Collier County and~~ said board ~~sha ll by 2012~~
2834		-	the ~~same resolution fix a time~~ and ~~place at which the owner or 2013~~
2835		-	~~owners~~ of ~~the property to be assessed or any other persons 2014~~
2836		-	~~interested therein may appear before said board and~~ be ~~heard as 2015~~
2837		-	~~to the propriety and advisability~~ of ~~making~~ such ~~improvements, 2016~~
2838		-	as to ~~the costs thereof, as to~~ the ~~manner of payment therefor, 2017~~
2839		-	~~and as to~~ the amount ~~thereof to be assessed against each 2018~~
2840		-	property ~~so improved. Thirty days' notice in writing of such 2019~~
2841		-	~~time~~ and ~~place shall be given to such property owners. The 2020~~
2842		-	~~notice shall include~~ the ~~amount~~ of the ~~special assessment and 2021~~
2843		-	~~shall be served by mailing a copy to each assessed~~ property ~~2022~~
2844		-	~~owner at his~~ or ~~her last known address,~~ the ~~names and addresses 2023~~
2845		-	of such ~~property owners to be obtained from the record of the 2024~~
2846		-	~~property appraiser~~ of the ~~county political subdivision in which 2025~~
2847		-	~~the land is located or from such other sources as~~ the district ~~2026~~
2848		-	~~manager~~ or ~~engineer deems reliable,~~ ~~and proof of such mailing 2027~~
2849		-	~~shall be made by the affidavit~~ of the ~~district manager or by the 2028~~
2850		-	~~engineer, said proof to~~ be ~~filed with the district manager,~~ ~~2029~~
2851		-	~~provided that failure~~ to ~~mail said notice or notices shall not 2030~~
2852		-	~~invalidate any of~~ the ~~proceedings hereunder.~~ ~~It is provided 2031~~
2853		-	~~further~~ that the ~~last publication shall be at least 1 week prior 2032~~
2854		-	to the ~~date of the hearing on the f inal special assessment 2033~~
2855		-	~~resolution. Said notice shall describe the general areas to~~ be ~~2034~~
2856		-	~~improved and advise all persons interested that~~ the ~~description 2035~~
2857		-	~~of each property to~~ be ~~assessed and~~ the ~~amount to be assessed to 2036~~
2858		-
2859		-	~~CS/~~HB 4041 2025
2860		-
2861		-
2862		-
2863		-	CODING: Words stricken are deletions; words underlined are additions.
2864		-	hb4041-~~01-c1~~
	2832	+	interested therein may appear before said board and be heard as 2011
	2833	+	to the propriety and advisability of making such improvements, 2012
	2834	+	as to the costs thereof, as to the manner of payment therefor, 2013
	2835	+	and as to the amount thereof to be assessed against each 2014
	2836	+	property so improved. Thirty days' notice in writing of such 2015
	2837	+	time and place shall be given to such property owners. The 2016
	2838	+	notice shall include the amount of the special assessment and 2017
	2839	+	shall be served by mailing a copy to each assessed property 2018
	2840	+	owner at his or her last known address, the names and addresses 2019
	2841	+	of such property owners to be obtained from the record of the 2020
	2842	+	property appraiser of the county political subdivision in which 2021
	2843	+	the land is located or from such other sources as the district 2022
	2844	+	manager or engineer deems reliable, and proof of such mailing 2023
	2845	+	shall be made by the affidavit of the district m anager or by the 2024
	2846	+	engineer, said proof to be filed with the district manager, 2025
	2847	+	provided that failure to mail said notice or notices shall not 2026
	2848	+	invalidate any of the proceedings hereunder. It is provided 2027
	2849	+	further that the last publication shall be at least 1 we ek prior 2028
	2850	+	to the date of the hearing on the final special assessment 2029
	2851	+	resolution. Said notice shall describe the general areas to be 2030
	2852	+	improved and advise all persons interested that the description 2031
	2853	+	of each property to be assessed and the amount to be assessed to 2032
	2854	+	each piece, parcel, lot, or acre of property may be ascertained 2033
	2855	+	at the office of the district manager. Such service by 2034
	2856	+	publication shall be verified by the affidavit of the publisher 2035
	2857	+
	2858	+	HB 4041 2025
	2859	+
	2860	+
	2861	+
	2862	+	CODING: Words stricken are deletions; words underlined are additions.
	2863	+	hb4041-00
2865	2864		Page 83 of 102
2866	2865		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
2867	2866
2868		-	~~each piece~~, ~~parcel, lot,~~ ~~or acre of prop erty may be ascertained 2037~~
2869		-	~~at the office of the district manager.~~ ~~Such service by 2038~~
2870		-	~~publication shall be verified by the affidavit of the publisher 2039~~
2871		-	and ~~filed with the district manager. Moreover~~, ~~the initial 2040~~
2872		-	~~special assessment resolution~~ with ~~its attached~~, ~~refer enced,~~ ~~and 2041~~
2873		-	~~incorporated engineer's cost report,~~ ~~preliminary special 2042~~
2874		-	~~assessment methodology,~~ ~~and preliminary special assessment roll,~~ ~~2043~~
2875		-	~~along with~~ the notice resolution~~, shall be available for public 2044~~
2876		-	~~inspection at~~ the ~~office~~ of the ~~district manager and the of fice 2045~~
2877		-	of the ~~engineer or any other office designated by the board~~ of ~~2046~~
2878		-	~~supervisors~~ in ~~the notice resolution. Notwithstanding the 2047~~
2879		-	~~foregoing, the landowners of all of the property which is 2048~~
2880		-	~~proposed to be assessed may give~~ the ~~district written notice~~ of ~~2049~~
2881		-	~~waiver of any notice and publication provided for in this 2050~~
2882		-	~~subparagraph and such notice and publication shall not be 2051~~
2883		-	~~required, provided,~~ ~~however, that any meeting of~~ the ~~board of 2052~~
2884		-	supervisors ~~to consider such resolution shall be a publicly 2053~~
2885		-	~~noticed meeting.~~ ~~2054~~
2886		-	3. At the ~~time~~ and ~~place named in the noticed resolution 2055~~
2887		-	~~as provided for in subparagraph 2.~~, ~~the board of supervisors of 2056~~
2888		-	~~the district shall meet~~ and ~~hear testimony from affected 2057~~
2889		-	~~property owners as to~~ the ~~propriety and advisability of making 2058~~
2890		-	the ~~systems, facilitie s,~~ ~~services, projects,~~ ~~works, 2059~~
2891		-	~~improvements,~~ or ~~infrastructure and funding them with 2060~~
2892		-	~~assessments referenced in~~ the ~~initial special assessment 2061~~
2893		-
2894		-	~~CS/~~HB 4041 2025
2895		-
2896		-
2897		-
2898		-	CODING: Words stricken are deletions; words underlined are additions.
2899		-	hb4041-~~01-c1~~
	2867	+	and filed with the district manager. Moreover, the initial 2036
	2868	+	special assessment resolution with its attached, referenced, and 2037
	2869	+	incorporated engineer's cost report, preliminary special 2038
	2870	+	assessment methodology, and preliminary special assessment roll, 2039
	2871	+	along with the notice resolution, shall be available for public 2040
	2872	+	inspection at the office of the district manager and the office 2041
	2873	+	of the engineer or any other office designated by the board of 2042
	2874	+	supervisors in the notice resolution. Notwithstanding the 2043
	2875	+	foregoing, the landowners of all of the property which is 2044
	2876	+	proposed to be assessed may give the district written notice of 2045
	2877	+	waiver of any notice and publication provided for in this 2046
	2878	+	subparagraph and such notice and publication shall not be 2047
	2879	+	required, provided, however, that any meeting of the board of 2048
	2880	+	supervisors to consider such resolution sh all be a publicly 2049
	2881	+	noticed meeting. 2050
	2882	+	3. At the time and place named in the noticed resolution 2051
	2883	+	as provided for in subparagraph 2., the board of supervisors of 2052
	2884	+	the district shall meet and hear testimony from affected 2053
	2885	+	property owners as to the propriety and a dvisability of making 2054
	2886	+	the systems, facilities, services, projects, works, 2055
	2887	+	improvements, or infrastructure and funding them with 2056
	2888	+	assessments referenced in the initial special assessment 2057
	2889	+	resolution on the property. Following the testimony and 2058
	2890	+	questions from the members of the board or any professional 2059
	2891	+	advisors to the district of the preparers of the engineer's cost 2060
	2892	+
	2893	+	HB 4041 2025
	2894	+
	2895	+
	2896	+
	2897	+	CODING: Words stricken are deletions; words underlined are additions.
	2898	+	hb4041-00
2900	2899		Page 84 of 102
2901	2900		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
2902	2901
2903		-	~~resolution on~~ the ~~property. Following~~ the ~~testimony and 2062~~
2904		-	~~questions from the members of~~ the board ~~or any professional 2063~~
2905		-	~~advisors~~ to ~~the district of~~ the ~~preparers of the engineer's cost 2064~~
2906		-	~~report~~, the ~~special assessment methodology,~~ ~~and the special 2065~~
2907		-	~~assessment roll, the~~ board ~~of supervisors shall make a final 2066~~
2908		-	~~decision on whether~~ to ~~levy and assess~~ the particular special ~~2067~~
2909		-	~~assessments. Thereafter,~~ the ~~board of supervisors shall meet as 2068~~
2910		-	~~an equalizing board to hear and to consider any and all 2069~~
2911		-	~~complaints as to the particular special assessments~~ and ~~shall 2070~~
2912		-	~~adjust and equalize~~ the ~~special assessments~~ to ~~ensure proper 2071~~
2913		-	assessment ~~based on the benefit conferred on the property. 2072~~
2914		-	4. ~~When so equalized~~ and ~~approved by resolution or 2073~~
2915		-	~~ordinance by the board of supervisors~~, ~~to be called the final 2074~~
2916		-	~~special assessment resolution,~~ ~~a final~~ special ~~assessment roll 2075~~
2917		-	~~shall be filed with~~ the ~~clerk of the bo ard and such special 2076~~
2918		-	~~assessment shall stand confirmed~~ and ~~remain legal,~~ ~~valid, and 2077~~
2919		-	~~binding first liens on~~ the ~~property against which such special 2078~~
2920		-	~~assessments are made until paid~~, ~~equal in dignity to the first 2079~~
2921		-	~~liens~~ of ~~ad valorem taxation of county and muni cipal governments 2080~~
2922		-	~~and school boards. However, upon completion of~~ the ~~systems, 2081~~
2923		-	~~facilities~~, ~~services~~, ~~projects~~, ~~improvements~~, ~~works, or 2082~~
2924		-	~~infrastructure,~~ the ~~district shall credit to each~~ of the ~~2083~~
2925		-	~~assessments~~ the ~~difference in the~~ special ~~assessment~~ as ~~2084~~
2926		-	~~originally made,~~ ~~approved, levied,~~ ~~assessed, and confirmed and 2085~~
2927		-	the ~~proportionate part~~ of ~~the actual cost of the improvement to 2086~~
2928		-
2929		-	~~CS/~~HB 4041 2025
2930		-
2931		-
2932		-
2933		-	CODING: Words stricken are deletions; words underlined are additions.
2934		-	hb4041-~~01-c1~~
	2902	+	report, the special assessment methodology, and the special 2061
	2903	+	assessment roll, the board of supervisors shall make a final 2062
	2904	+	decision on whether to le vy and assess the particular special 2063
	2905	+	assessments. Thereafter, the board of supervisors shall meet as 2064
	2906	+	an equalizing board to hear and to consider any and all 2065
	2907	+	complaints as to the particular special assessments and shall 2066
	2908	+	adjust and equalize the special asses sments to ensure proper 2067
	2909	+	assessment based on the benefit conferred on the property. 2068
	2910	+	4. When so equalized and approved by resolution or 2069
	2911	+	ordinance by the board of supervisors, to be called the final 2070
	2912	+	special assessment resolution, a final special assessment roll 2071
	2913	+	shall be filed with the clerk of the board and such special 2072
	2914	+	assessment shall stand confirmed and remain legal, valid, and 2073
	2915	+	binding first liens on the property against which such special 2074
	2916	+	assessments are made until paid, equal in dignity to the first 2075
	2917	+	liens of ad valorem taxation of county and municipal governments 2076
	2918	+	and school boards. However, upon completion of the systems, 2077
	2919	+	facilities, services, projects, improvements, works, or 2078
	2920	+	infrastructure, the district shall credit to each of the 2079
	2921	+	assessments the diffe rence in the special assessment as 2080
	2922	+	originally made, approved, levied, assessed, and confirmed and 2081
	2923	+	the proportionate part of the actual cost of the improvement to 2082
	2924	+	be paid by the particular special assessments as finally 2083
	2925	+	determined upon the completion of the improvement; but in no 2084
	2926	+	event shall the final special assessment exceed the amount of 2085
	2927	+
	2928	+	HB 4041 2025
	2929	+
	2930	+
	2931	+
	2932	+	CODING: Words stricken are deletions; words underlined are additions.
	2933	+	hb4041-00
2935	2934		Page 85 of 102
2936	2935		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
2937	2936
2938		-	~~be paid by~~ the ~~particular~~ special ~~assessments~~ as ~~finally 2087~~
2939		-	~~determined upon~~ the ~~completion of~~ the ~~improvement; but in no 2088~~
2940		-	~~event shall the fina l special assessment exceed the amount of 2089~~
2941		-	the special ~~and peculiar benefits as apportioned fairly and 2090~~
2942		-	~~reasonably to~~ the ~~property from~~ the ~~system, facility,~~ ~~or service 2091~~
2943		-	~~being provided as originally assessed.~~ ~~Promptly after such 2092~~
2944		-	~~confirmation, the special asse ssment~~ shall ~~be recorded by the 2093~~
2945		-	~~clerk~~ of ~~the district~~ in ~~the minutes of the proceedings of the 2094~~
2946		-	~~district, and the record~~ of the ~~lien in this set of minutes 2095~~
2947		-	~~shall constitute prima facie evidence~~ of ~~its validity.~~ The ~~board 2096~~
2948		-	~~of supervisors~~, ~~in its sole discreti on~~, ~~may by resolution grant 2097~~
2949		-	~~a discount equal to all or a part~~ of the ~~payee's proportionate 2098~~
2950		-	~~share~~ of ~~the cost of the project consisting of bond financing 2099~~
2951		-	~~cost,~~ such as ~~capitalized interest,~~ ~~funded reserves, and bond 2100~~
2952		-	~~discounts included~~ in ~~the estimated cost of the project, upon 2101~~
2953		-	~~payment in full of any~~ special assessments ~~during such period 2102~~
2954		-	~~prior to~~ the ~~time such financing costs are incurred as may be 2103~~
2955		-	~~specified by~~ the ~~board of supervisors in such resolution.~~ ~~2104~~
2956		-	5. ~~District special assessments may be made payable in 2105~~
2957		-	~~installments over no more than 40 years from the date~~ of ~~the 2106~~
2958		-	~~payment~~ of ~~the first installment thereof and may bear interest 2107~~
2959		-	~~at fixed or variable rates.~~ ~~2108~~
2960		-	~~(b) Notwithstanding~~ any ~~provision of this act or chapter 2109~~
2961		-	~~170, Florida Statutes,~~ ~~that portion of s.~~ ~~170.09, Florida 2110~~
2962		-	~~Statutes, that provides that special assessments may~~ be ~~paid 2111~~
2963		-
2964		-	~~CS/~~HB 4041 2025
2965		-
2966		-
2967		-
2968		-	CODING: Words stricken are deletions; words underlined are additions.
2969		-	hb4041-~~01-c1~~
	2937	+	the special and peculiar benefits as apportioned fairly and 2086
	2938	+	reasonably to the property from the system, facility, or service 2087
	2939	+	being provided as originally assessed. Prompt ly after such 2088
	2940	+	confirmation, the special assessment shall be recorded by the 2089
	2941	+	clerk of the district in the minutes of the proceedings of the 2090
	2942	+	district, and the record of the lien in this set of minutes 2091
	2943	+	shall constitute prima facie evidence of its validity. Th e board 2092
	2944	+	of supervisors, in its sole discretion, may by resolution grant 2093
	2945	+	a discount equal to all or a part of the payee's proportionate 2094
	2946	+	share of the cost of the project consisting of bond financing 2095
	2947	+	cost, such as capitalized interest, funded reserves, and bo nd 2096
	2948	+	discounts included in the estimated cost of the project, upon 2097
	2949	+	payment in full of any special assessments during such period 2098
	2950	+	prior to the time such financing costs are incurred as may be 2099
	2951	+	specified by the board of supervisors in such resolution. 2100
	2952	+	5. District special assessments may be made payable in 2101
	2953	+	installments over no more than 40 years from the date of the 2102
	2954	+	payment of the first installment thereof and may bear interest 2103
	2955	+	at fixed or variable rates. 2104
	2956	+	(b) Notwithstanding any provision of this act or chapt er 2105
	2957	+	170, Florida Statutes, that portion of s. 170.09, Florida 2106
	2958	+	Statutes, that provides that special assessments may be paid 2107
	2959	+	without interest at any time within 30 days after the 2108
	2960	+	improvement is completed and a resolution accepting the same has 2109
	2961	+	been adopted by the governing authority shall not be applicable 2110
	2962	+
	2963	+	HB 4041 2025
	2964	+
	2965	+
	2966	+
	2967	+	CODING: Words stricken are deletions; words underlined are additions.
	2968	+	hb4041-00
2970	2969		Page 86 of 102
2971	2970		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
2972	2971
2973		-	~~without interest at~~ any ~~time within 30 days after the 2112~~
2974		-	~~improvement is completed~~ and ~~a resolution accepting the same has 2113~~
2975		-	~~been adopted by the governing authority shall~~ not ~~be applic able 2114~~
2976		-	~~to any district special assessments, whether imposed, levied, 2115~~
2977		-	~~and collected pursuant to this act or other provisions of 2116~~
2978		-	~~Florida law,~~ ~~including, but not limited~~ to~~, chapter 170,~~ ~~Florida 2117~~
2979		-	~~Statutes. 2118~~
2980		-	~~(c) In addition, the district is authorized expressly in 2119~~
2981		-	~~the exercise~~ of ~~its rulemaking power to adopt a rule or rules 2120~~
2982		-	~~which provide~~ for ~~notice, levy,~~ ~~imposition, equalization,~~ ~~and 2121~~
2983		-	~~collection of~~ assessments~~. 2122~~
2984		-	~~(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON 2123~~
2985		-	~~ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS;~~ ~~ASSE SSMENT BONDS.— 2124~~
2986		-	~~(a)~~ The ~~board may,~~ ~~after any special assessments or 2125~~
2987		-	~~benefit special assessments for assessable improvements are 2126~~
2988		-	~~made, determined~~, and ~~confirmed as provided in this act,~~ ~~issue 2127~~
2989		-	~~certificates~~ of ~~indebtedness for the amount so~~ assessed ~~against 2128~~
2990		-	~~the abutting property or property otherwise benefited, as~~ the ~~2129~~
2991		-	~~case may be,~~ ~~and separate~~ certificates shall be ~~issued against 2130~~
2992		-	~~each part or parcel of land or property assessed,~~ ~~which 2131~~
2993		-	~~certificates shall state the general nature~~ of the ~~improvement 2132~~
2994		-	~~for which the assessment is made~~. The ~~certificates shall be 2133~~
2995		-	~~payable in annual installments in accordance with~~ the ~~2134~~
2996		-	~~installments of the special assessment for which they are 2135~~
2997		-	~~issued. The board may~~ determine the ~~interest to be borne by such 2136~~
2998		-
2999		-	~~CS/~~HB 4041 2025
3000		-
3001		-
3002		-
3003		-	CODING: Words stricken are deletions; words underlined are additions.
3004		-	hb4041-~~01-c1~~
	2972	+	to any district special assessments, whether imposed, levied, 2111
	2973	+	and collected pursuant to this act or other provisions of 2112
	2974	+	Florida law, including, but not limited to, chapter 170, Florida 2113
	2975	+	Statutes. 2114
	2976	+	(c) In addition, the district is authorized expressly in 2115
	2977	+	the exercise of its rulemaking power to adopt a rule or rules 2116
	2978	+	which provide for notice, levy, imposition, equalization, and 2117
	2979	+	collection of assessments. 2118
	2980	+	(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED O N 2119
	2981	+	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS. — 2120
	2982	+	(a) The board may, after any special assessments or 2121
	2983	+	benefit special assessments for assessable improvements are 2122
	2984	+	made, determined, and confirmed as provided in this act, issue 2123
	2985	+	certificates of indebtedness for the amount so assessed against 2124
	2986	+	the abutting property or property otherwise benefited, as the 2125
	2987	+	case may be, and separate certificates shall be issued against 2126
	2988	+	each part or parcel of land or property assessed, which 2127
	2989	+	certificates shall state the general nature of the improvement 2128
	2990	+	for which the assessment is made. The certificates shall be 2129
	2991	+	payable in annual installments in accordance with the 2130
	2992	+	installments of the special assessment for which they are 2131
	2993	+	issued. The board may determine the interest to b e borne by such 2132
	2994	+	certificates, not to exceed the maximum rate allowed by general 2133
	2995	+	law, and may sell such certificates at either private or public 2134
	2996	+	sale and determine the form, manner of execution, and other 2135
	2997	+
	2998	+	HB 4041 2025
	2999	+
	3000	+
	3001	+
	3002	+	CODING: Words stricken are deletions; words underlined are additions.
	3003	+	hb4041-00
3005	3004		Page 87 of 102
3006	3005		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
3007	3006
3008		-	certificates~~, not to exceed~~ the ~~maximum rate allowed by general 2137~~
3009		-	~~law,~~ and ~~may sell such certificates at either private or public 2138~~
3010		-	~~sale and determine~~ the ~~form, manner~~ of ~~execution, and other 2139~~
3011		-	~~details~~ of such certificates~~. The certificates shall recite that 2140~~
3012		-	~~they are payable only from~~ the ~~spe cial assessments levied~~ and ~~2141~~
3013		-	~~collected from the part~~ or ~~parcel of land or property against 2142~~
3014		-	~~which they are issued. The proceeds of~~ such ~~certificates may be 2143~~
3015		-	pledged ~~for~~ the ~~payment~~ of ~~principal~~ of ~~and interest on any 2144~~
3016		-	~~revenue bonds or general obligation bonds issued to finance in 2145~~
3017		-	~~whole or in part such assessable improvement~~, ~~or, if not so 2146~~
3018		-	~~pledged~~, ~~may be used to pay the cost~~ or ~~part of the cost of such 2147~~
3019		-	~~assessable improvements.~~ ~~2148~~
3020		-	(b) ~~The district~~ may ~~also issue assessment bonds~~, ~~revenue 2149~~
3021		-	~~bonds~~, ~~or other obligatio ns payable from a~~ special ~~fund into 2150~~
3022		-	~~which~~ such ~~certificates of indebtedness referred to in paragraph 2151~~
3023		-	~~(a) may be deposited~~ or~~, if~~ such ~~certificates of indebtedness 2152~~
3024		-	~~have not been issued,~~ ~~the district may assign to~~ such ~~special 2153~~
3025		-	~~fund for the benefit~~ of ~~the hol ders of such~~ assessment ~~bonds or 2154~~
3026		-	other obligations~~, or to a trustee for such bondholders, the 2155~~
3027		-	~~assessment liens provided for~~ in ~~this act unless~~ such ~~2156~~
3028		-	~~certificates~~ of ~~indebtedness~~ or ~~assessment liens have been 2157~~
3029		-	~~theretofore pledged for any bonds or other obliga tions 2158~~
3030		-	~~authorized hereunder.~~ In the ~~event of the creation of such 2159~~
3031		-	~~special fund and the issuance~~ of ~~such~~ assessment bonds or other ~~2160~~
3032		-	~~obligations,~~ the ~~proceeds of such certificates of indebtedness 2161~~
3033		-
3034		-	~~CS/~~HB 4041 2025
3035		-
3036		-
3037		-
3038		-	CODING: Words stricken are deletions; words underlined are additions.
3039		-	hb4041-~~01-c1~~
	3007	+	details of such certificates. The certificates shall recite that 2136
	3008	+	they are payable only from the special assessments levied and 2137
	3009	+	collected from the part or parcel of land or property against 2138
	3010	+	which they are issued. The proceeds of such certificates may be 2139
	3011	+	pledged for the payment of principal of and interest on any 2140
	3012	+	revenue bonds or general obligation bonds issued to finance in 2141
	3013	+	whole or in part such assessable improvement, or, if not so 2142
	3014	+	pledged, may be used to pay the cost or part of the cost of such 2143
	3015	+	assessable improvements. 2144
	3016	+	(b) The district may also issue asse ssment bonds, revenue 2145
	3017	+	bonds, or other obligations payable from a special fund into 2146
	3018	+	which such certificates of indebtedness referred to in paragraph 2147
	3019	+	(a) may be deposited or, if such certificates of indebtedness 2148
	3020	+	have not been issued, the district may assign to such special 2149
	3021	+	fund for the benefit of the holders of such assessment bonds or 2150
	3022	+	other obligations, or to a trustee for such bondholders, the 2151
	3023	+	assessment liens provided for in this act unless such 2152
	3024	+	certificates of indebtedness or assessment liens have been 2153
	3025	+	theretofore pledged for any bonds or other obligations 2154
	3026	+	authorized hereunder. In the event of the creation of such 2155
	3027	+	special fund and the issuance of such assessment bonds or other 2156
	3028	+	obligations, the proceeds of such certificates of indebtedness 2157
	3029	+	or assessment liens deposited therein shall be used only for the 2158
	3030	+	payment of the assessment bonds or other obligations issued as 2159
	3031	+	provided in this section. The district is authorized to covenant 2160
	3032	+
	3033	+	HB 4041 2025
	3034	+
	3035	+
	3036	+
	3037	+	CODING: Words stricken are deletions; words underlined are additions.
	3038	+	hb4041-00
3040	3039		Page 88 of 102
3041	3040		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
3042	3041
3043		-	or assessment ~~liens deposited therein shall be used only for the 2162~~
3044		-	~~payment of the assessment bonds or~~ other obligations ~~issued as 2163~~
3045		-	~~provided in this section.~~ The ~~district is authorized to covenant 2164~~
3046		-	~~with the holders~~ of ~~such assessment bonds, revenue bonds, or 2165~~
3047		-	~~other obligations that it will diligently and faithfully enforce 2166~~
3048		-	~~and collect all the special assessments,~~ ~~and interest and 2167~~
3049		-	~~penalties thereon,~~ ~~for which such~~ certificates of indebtedness ~~2168~~
3050		-	or assessment liens have ~~been deposited in or assigned to such 2169~~
3051		-	~~fund; to foreclose~~ such ~~assessment liens so assigned to such 2170~~
3052		-	special ~~fund or represented by the certificates of indebtedness 2171~~
3053		-	~~deposited in the special fund,~~ ~~after such assessment liens have 2172~~
3054		-	~~become delinquent,~~ ~~and deposit~~ the ~~proceeds derived from~~ such ~~2173~~
3055		-	~~foreclosure, including interest and penalties,~~ ~~in such special 2174~~
3056		-	~~fund; and to make any~~ other ~~covenants deemed necessary or 2175~~
3057		-	~~advisable in order~~ to ~~properly secure the holders of~~ such ~~2176~~
3058		-	~~assessment bonds or other obligations.~~ ~~2177~~
3059		-	~~(c)~~ The assessment bonds~~, revenue bonds,~~ or other ~~2178~~
3060		-	obligations ~~issued pursuant to this section~~ shall ~~have such 2179~~
3061		-	~~dates~~ of ~~issue and maturity as shall be deemed advisable by~~ the ~~2180~~
3062		-	~~board; however,~~ ~~the maturities of~~ such assessment ~~bonds~~ or ~~other 2181~~
3063		-	~~obligations shall not be more than 2 years after the due date~~ of ~~2182~~
3064		-	~~the last installment which will be payable on any of the~~ special ~~2183~~
3065		-	~~assessments for which~~ such assessment ~~liens~~, or ~~the certificates 2184~~
3066		-	~~of indebtedness representing~~ such ~~assessment liens,~~ ~~are assigned 2185~~
3067		-	to ~~or deposited in such special fund. 2186~~
3068		-
3069		-	~~CS/~~HB 4041 2025
3070		-
3071		-
3072		-
3073		-	CODING: Words stricken are deletions; words underlined are additions.
3074		-	hb4041-~~01-c1~~
	3042	+	with the holders of such assessment bonds, revenue bonds, or 2161
	3043	+	other obligations that it will diligently and faithfully enforce 2162
	3044	+	and collect all the special assessments, and interest and 2163
	3045	+	penalties thereon, for which such certificates of indebtedness 2164
	3046	+	or assessment liens have been deposited in or assigned to such 2165
	3047	+	fund; to foreclose such as sessment liens so assigned to such 2166
	3048	+	special fund or represented by the certificates of indebtedness 2167
	3049	+	deposited in the special fund, after such assessment liens have 2168
	3050	+	become delinquent, and deposit the proceeds derived from such 2169
	3051	+	foreclosure, including interest and penalties, in such special 2170
	3052	+	fund; and to make any other covenants deemed necessary or 2171
	3053	+	advisable in order to properly secure the holders of such 2172
	3054	+	assessment bonds or other obligations. 2173
	3055	+	(c) The assessment bonds, revenue bonds, or other 2174
	3056	+	obligations issued pursuant to this section shall have such 2175
	3057	+	dates of issue and maturity as shall be deemed advisable by the 2176
	3058	+	board; however, the maturities of such assessment bonds or other 2177
	3059	+	obligations shall not be more than 2 years after the due date of 2178
	3060	+	the last installment which will be payable on any of the special 2179
	3061	+	assessments for which such assessment liens, or the certificates 2180
	3062	+	of indebtedness representing such assessment liens, are assigned 2181
	3063	+	to or deposited in such special fund. 2182
	3064	+	(d) Such assessment bonds, revenue bonds , or other 2183
	3065	+	obligations issued under this section shall bear such interest 2184
	3066	+	as the board may determine, not to exceed the maximum rate 2185
	3067	+
	3068	+	HB 4041 2025
	3069	+
	3070	+
	3071	+
	3072	+	CODING: Words stricken are deletions; words underlined are additions.
	3073	+	hb4041-00
3075	3074		Page 89 of 102
3076	3075		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
3077	3076
3078		-	~~(d)~~ Such ~~assessment bonds, revenue bonds, or other 2187~~
3079		-	~~obligations issued under this sectio~~ n ~~shall bear such interest 2188~~
3080		-	as the ~~board may determine, not to exceed the maximum rate 2189~~
3081		-	~~allowed by general law~~, ~~and shall be executed, shall have such 2190~~
3082		-	~~provisions for redemption prior to maturity, shall~~ be ~~sold in 2191~~
3083		-	~~the manner,~~ ~~and shall be subject to~~ all ~~of th e applicable 2192~~
3084		-	~~provisions contained in~~ this ~~act for revenue bonds~~, ~~except as 2193~~
3085		-	the ~~same may be inconsistent with this section. 2194~~
3086		-	~~(e) All assessment bonds,~~ ~~revenue bonds,~~ ~~or other 2195~~
3087		-	~~obligations issued under this section shall be, shall 2196~~
3088		-	~~constitute, and shall have~~ all the ~~qualities and incidents of 2197~~
3089		-	~~negotiable instruments under~~ the ~~law merchant and the laws of 2198~~
3090		-	the ~~state. 2199~~
3091		-	~~(15) TAX LIENS.—All taxes of~~ the ~~district provided for in 2200~~
3092		-	~~this act, together with all penalties for default~~ in the payment ~~2201~~
3093		-	of the ~~same~~ and ~~all cos ts in collecting the same, including a 2202~~
3094		-	~~reasonable attorney fee fixed by~~ the ~~court and taxed as a cost 2203~~
3095		-	~~in the action brought to enforce payment,~~ ~~shall, from January 1 2204~~
3096		-	~~for each year~~ the ~~property is liable to assessment and until 2205~~
3097		-	~~paid, constitute~~ a ~~lien~~ of ~~eq ual dignity with~~ the ~~liens for 2206~~
3098		-	state and county ~~taxes and~~ other taxes ~~of equal dignity with 2207~~
3099		-	~~state and county taxes upon all~~ the ~~lands against which such 2208~~
3100		-	taxes ~~shall be levied. A sale~~ of ~~any of the real property within 2209~~
3101		-	~~the district for state and county or o ther taxes shall not 2210~~
3102		-	~~operate~~ to ~~relieve or release the property so sold from the lien 2211~~
3103		-
3104		-	~~CS/~~HB 4041 2025
3105		-
3106		-
3107		-
3108		-	CODING: Words stricken are deletions; words underlined are additions.
3109		-	hb4041-~~01-c1~~
	3077	+	allowed by general law, and shall be executed, shall have such 2186
	3078	+	provisions for redemption prior to maturity, shall be sold i n 2187
	3079	+	the manner, and shall be subject to all of the applicable 2188
	3080	+	provisions contained in this act for revenue bonds, except as 2189
	3081	+	the same may be inconsistent with this section. 2190
	3082	+	(e) All assessment bonds, revenue bonds, or other 2191
	3083	+	obligations issued under this sect ion shall be, shall 2192
	3084	+	constitute, and shall have all the qualities and incidents of 2193
	3085	+	negotiable instruments under the law merchant and the laws of 2194
	3086	+	the state. 2195
	3087	+	(15) TAX LIENS.—All taxes of the district provided for in 2196
	3088	+	this act, together with all penalties for default in the payment 2197
	3089	+	of the same and all costs in collecting the same, including a 2198
	3090	+	reasonable attorney fee fixed by the court and taxed as a cost 2199
	3091	+	in the action brought to enforce payment, shall, from January 1 2200
	3092	+	for each year the property is liable to ass essment and until 2201
	3093	+	paid, constitute a lien of equal dignity with the liens for 2202
	3094	+	state and county taxes and other taxes of equal dignity with 2203
	3095	+	state and county taxes upon all the lands against which such 2204
	3096	+	taxes shall be levied. A sale of any of the real propert y within 2205
	3097	+	the district for state and county or other taxes shall not 2206
	3098	+	operate to relieve or release the property so sold from the lien 2207
	3099	+	for subsequent district taxes or installments of district taxes, 2208
	3100	+	which lien may be enforced against such property as though no 2209
	3101	+	such sale thereof had been made. In addition to, and not in 2210
	3102	+
	3103	+	HB 4041 2025
	3104	+
	3105	+
	3106	+
	3107	+	CODING: Words stricken are deletions; words underlined are additions.
	3108	+	hb4041-00
3110	3109		Page 90 of 102
3111	3110		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
3112	3111
3113		-	for subsequent district taxes or installments of district taxes, 2212
3114		-	which lien may be enforced against such property as though no 2213
3115		-	such sale thereof had been made. In additio n to, and not in 2214
3116		-	limitation of, the preceding sentence, for purposes of s. 2215
3117		-	197.552, Florida Statutes, the lien of all special assessments 2216
3118		-	levied by the district shall constitute a lien of record held by 2217
3119		-	a municipal or county governmental unit. The provisio ns of ss. 2218
3120		-	194.171, 197.122, 197.333, and 197.432, Florida Statutes, shall 2219
3121		-	be applicable to district taxes with the same force and effect 2220
3122		-	as if such provisions were expressly set forth in this act. 2221
3123		-	(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE 2222
3124		-	DISTRICT; SHARING IN PROCEEDS OF TAX SALE. — 2223
3125		-	(a) The district shall have the power and right to: 2224
3126		-	1. Pay any delinquent state, county, district, municipal, 2225
3127		-	or other tax or assessment upon lands located wholly or 2226
	3112	+	limitation of, the preceding sentence, for purposes of s. 2211
	3113	+	197.552, Florida Statutes, the lien of all special assessments 2212
	3114	+	levied by the district shall constitute a lien of record held by 2213
	3115	+	a municipal or county governmental unit. The provisions of ss. 2214
	3116	+	194.171, 197.122, 197.333, and 197.432, Florida Statutes, shall 2215
	3117	+	be applicable to district taxes with the same force and effect 2216
	3118	+	as if such provisions were expressly set forth in this act. 2217
	3119	+	(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE 2218
	3120	+	DISTRICT; SHARING IN PROCEEDS OF TAX SALE. — 2219
	3121	+	(a) The district shall have the power and right to: 2220
	3122	+	1. Pay any delinquent state, county, district, municipal, 2221
	3123	+	or other tax or assessment upon lands located wholly or 2222
	3124	+	partially within the boundaries of the district. 2223
	3125	+	2. Redeem or purchase any tax sales certificates issued or 2224
	3126	+	sold on account of any state, county, district, municipal, or 2225
	3127	+	other taxes or assessments upon lands located wholly or 2226
3128	3128		partially within the boundaries of the district. 2227
3129		-	2. Redeem or purchase any tax sales certificates issued or 2228
3130		-	sold on account of any state, county, district, municipal, or 2229
3131		-	other taxes or assessments upon lands located wholly or 2230
3132		-	partially within the boundaries of the district. 2231
3133		-	(b) Delinquent taxe s paid, or tax sales certificates 2232
3134		-	redeemed or purchased, by the district, together with all 2233
3135		-	penalties for the default in payment of the same and all costs 2234
3136		-	in collecting the same and a reasonable attorney fee, shall 2235
3137		-	constitute a lien in favor of the distric t of equal dignity with 2236
3138		-
3139		-	CS/HB 4041 2025
3140		-
3141		-
3142		-
3143		-	CODING: Words stricken are deletions; words underlined are additions.
3144		-	hb4041-01-c1
	3129	+	(b) Delinquent taxes paid, or tax sales certificates 2228
	3130	+	redeemed or purchased, by the district, together with all 2229
	3131	+	penalties for the default in payment of the same and all costs 2230
	3132	+	in collecting the same and a reasonable attorney fee, shall 2231
	3133	+	constitute a lien in favor of the district of equal dignity with 2232
	3134	+	the liens of state and county taxes and other taxes of equal 2233
	3135	+	dignity with state and county taxes upon all the real property 2234
	3136	+
	3137	+	HB 4041 2025
	3138	+
	3139	+
	3140	+
	3141	+	CODING: Words stricken are deletions; words underlined are additions.
	3142	+	hb4041-00
3145	3143		Page 91 of 102
3146	3144		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
3147	3145
3148		-	the ~~liens~~ of ~~state and county taxes and other taxes of equal 2237~~
3149		-	~~dignity with state and county taxes upon all~~ the ~~real property 2238~~
3150		-	~~against which the taxes were levied. The lien~~ of ~~the district 2239~~
3151		-	may be ~~foreclosed in~~ the ~~manner provided in th is act. 2240~~
3152		-	~~(c) In any sale~~ of ~~land pursuant to s.~~ ~~197.542, Florida 2241~~
3153		-	~~Statutes, as may be amended from time~~ to ~~time,~~ the district ~~may 2242~~
3154		-	~~certify~~ to ~~the clerk of~~ the ~~circuit court of~~ the ~~county holding 2243~~
3155		-	~~such sale~~ the ~~amount of taxes due to the district upon the lan ds 2244~~
3156		-	~~sought to be sold, and~~ the ~~district shall share in~~ the ~~2245~~
3157		-	~~disbursement~~ of the ~~sales proceeds in accordance with this act 2246~~
3158		-	~~and~~ under ~~the laws of~~ the ~~state. 2247~~
3159		-	~~(17)~~ FORECLOSURE ~~OF LIENS. —Any lien~~ in ~~favor~~ of the ~~2248~~
3160		-	~~district arising under this act may be foreclose d~~ by ~~the 2249~~
3161		-	~~district by foreclosure proceedings~~ in ~~the name of the district 2250~~
3162		-	~~in a court~~ of ~~competent jurisdiction as provided by general law 2251~~
3163		-	~~in like manner as is provided in chapter 170 or chapter 173, 2252~~
3164		-	~~Florida Statutes,~~ and ~~amendments thereto,~~ ~~and the provisio ns of 2253~~
3165		-	~~those chapters shall~~ be ~~applicable to such proceedings with the 2254~~
3166		-	~~same force and effect as if those provisions were expressly set 2255~~
3167		-	~~forth in this act. Any act required~~ or ~~authorized to~~ be ~~done by 2256~~
3168		-	or ~~on behalf~~ of ~~a municipality in foreclosure proceedings under 2257~~
3169		-	~~chapter 170 or chapter 173,~~ ~~Florida Statutes,~~ may be ~~performed 2258~~
3170		-	~~by such officer or agent~~ of ~~the district as~~ the ~~board of 2259~~
3171		-	~~supervisors may designate.~~ ~~Such foreclosure proceedings may be 2260~~
3172		-	~~brought at~~ any ~~time after the expiration of 1 year from the date 2261~~
3173		-
3174		-	~~CS/~~HB 4041 2025
3175		-
3176		-
3177		-
3178		-	CODING: Words stricken are deletions; words underlined are additions.
3179		-	hb4041-~~01-c1~~
	3146	+	against which the taxes were levied. The lien of the dis trict 2235
	3147	+	may be foreclosed in the manner provided in this act. 2236
	3148	+	(c) In any sale of land pursuant to s. 197.542, Florida 2237
	3149	+	Statutes, as may be amended from time to time, the district may 2238
	3150	+	certify to the clerk of the circuit court of the county holding 2239
	3151	+	such sale the amount of taxes due to the district upon the lands 2240
	3152	+	sought to be sold, and the district shall share in the 2241
	3153	+	disbursement of the sales proceeds in accordance with this act 2242
	3154	+	and under the laws of the state. 2243
	3155	+	(17) FORECLOSURE OF LIENS. —Any lien in favor of the 2244
	3156	+	district arising under this act may be foreclosed by the 2245
	3157	+	district by foreclosure proceedings in the name of the district 2246
	3158	+	in a court of competent jurisdiction as provided by general law 2247
	3159	+	in like manner as is provided in chapter 170 or chapter 173, 2248
	3160	+	Florida Statutes, and amendments thereto and the provisions of 2249
	3161	+	those chapters shall be applicable to such proceedings with the 2250
	3162	+	same force and effect as if those provisions were expressly set 2251
	3163	+	forth in this act. Any act required or authorized to be done by 2252
	3164	+	or on behalf of a municipality in foreclosure proceedings under 2253
	3165	+	chapter 170 or chapter 173, Florida Statutes, may be performed 2254
	3166	+	by such officer or agent of the district as the board of 2255
	3167	+	supervisors may designate. Such foreclosure proceedings may be 2256
	3168	+	brought at any time after the expiration of 1 year from the date 2257
	3169	+	any tax, or installment thereof, becomes delinquent; however, no 2258
	3170	+	lien shall be foreclosed against any political subdivision or 2259
	3171	+
	3172	+	HB 4041 2025
	3173	+
	3174	+
	3175	+
	3176	+	CODING: Words stricken are deletions; words underlined are additions.
	3177	+	hb4041-00
3180	3178		Page 92 of 102
3181	3179		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
3182	3180
3183		-	~~any tax,~~ ~~or installment thereof,~~ ~~becomes delinquent;~~ ~~however, no 2262~~
3184		-	~~lien shall be foreclosed against any political subdivision or 2263~~
3185		-	~~agency~~ of the ~~state. Other legal remedies shall remain 2264~~
3186		-	~~available. 2265~~
3187		-	~~(18) MANDATORY USE OF CERTAIN DISTRICT FACILITIES. —To the 2266~~
3188		-	~~full extent permitted by law,~~ the district ~~shall require all 2267~~
3189		-	~~lands, buildings,~~ ~~premises, persons,~~ ~~firms, and corporations 2268~~
3190		-	~~within the district to use the facilities of the district~~. ~~2269~~
3191		-	(19) ~~COMPETITIVE PROCUREMENT;~~ ~~BIDS; NEGOTIATIONS;~~ ~~RELATED 2270~~
3192		-	~~PROVISIONS REQUIRED.~~ ~~— 2271~~
3193		-	~~(a) No contract shall~~ be ~~let~~ by the ~~board for any goods,~~ ~~2272~~
3194		-	~~supplies~~, ~~or materials~~ to ~~be purchased when the amount thereof 2273~~
3195		-	to be ~~paid by the district shall exceed the amount provided~~ in ~~2274~~
3196		-	s. ~~287.017, Florida Statutes,~~ ~~as amended from time to time, for 2275~~
3197		-	~~category four~~, ~~unless notice of bids shall be advertised once in 2276~~
3198		-	~~a newspaper in general circulation in Collier County.~~ ~~Any board 2277~~
3199		-	~~seeking~~ to ~~construct or improve a public building~~, ~~structure, or 2278~~
3200		-	other ~~public works shall comply with~~ the ~~bidding procedures~~ of ~~2279~~
3201		-	~~s. 255.20, Florida Statutes, as amended from time to time,~~ and ~~2280~~
3202		-	~~other applicable general law.~~ ~~In each case,~~ the ~~bid of the 2281~~
3203		-	~~lowest responsive and responsible bidder shall be accepted 2282~~
3204		-	~~unless~~ all bids ~~are rejected because~~ the ~~bids are too high or 2283~~
3205		-	the board ~~determines it is in the best interests of the district 2284~~
3206		-	~~to reject all bids.~~ The board ~~may require the bidders to furnish 2285~~
3207		-	~~bond with a responsible surety to be approved by~~ the ~~board. 2286~~
3208		-
3209		-	~~CS/~~HB 4041 2025
3210		-
3211		-
3212		-
3213		-	CODING: Words stricken are deletions; words underlined are additions.
3214		-	hb4041-~~01-c1~~
	3181	+	agency of the state. Other legal remedies shall remain 2260
	3182	+	available. 2261
	3183	+	(18) MANDATORY USE OF CERTAIN DISTRICT FACILITIES. —To the 2262
	3184	+	full extent permitted by law, the district shall require all 2263
	3185	+	lands, buildings, premises, persons, firms, and corporations 2264
	3186	+	within the district to use the facilities of the district. 2265
	3187	+	(19) COMPETITIVE PROCUREMEN T; BIDS; NEGOTIATIONS; RELATED 2266
	3188	+	PROVISIONS REQUIRED. — 2267
	3189	+	(a) No contract shall be let by the board for any goods, 2268
	3190	+	supplies, or materials to be purchased when the amount thereof 2269
	3191	+	to be paid by the district shall exceed the amount provided in 2270
	3192	+	s. 287.017, Florida Statutes, as amended from time to time, for 2271
	3193	+	category four, unless notice of bids shall be advertised once in 2272
	3194	+	a newspaper in general circulation in Collier County. Any board 2273
	3195	+	seeking to construct or improve a public building, structure, or 2274
	3196	+	other public works shall comply with the bidding procedures of 2275
	3197	+	s. 255.20, Florida Statutes, as amended from time to time, and 2276
	3198	+	other applicable general law. In each case, the bid of the 2277
	3199	+	lowest responsive and responsible bidder shall be accepted 2278
	3200	+	unless all bids are rejected because the bids are too high or 2279
	3201	+	the board determines it is in the best interests of the district 2280
	3202	+	to reject all bids. The board may require the bidders to furnish 2281
	3203	+	bond with a responsible surety to be approved by the board. 2282
	3204	+	Nothing in this subsection shall prevent the board from 2283
	3205	+	undertaking and performing the construction, operation, and 2284
	3206	+
	3207	+	HB 4041 2025
	3208	+
	3209	+
	3210	+
	3211	+	CODING: Words stricken are deletions; words underlined are additions.
	3212	+	hb4041-00
3215	3213		Page 93 of 102
3216	3214		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
3217	3215
3218		-	~~Nothing in~~ this ~~subsection shall prevent the board from 2287~~
3219		-	~~undertaking and performing~~ the ~~construction~~, ~~operation~~, and ~~2288~~
3220		-	~~maintenance~~ of ~~any project or facility authorized by this act by 2289~~
3221		-	~~the employment of labor~~, ~~material~~, ~~and machinery.~~ ~~2290~~
3222		-	~~(b) The provisions of the Consultants' Competitive 2291~~
3223		-	~~Negotiation Act,~~ s. ~~287.055, Florida Statutes, apply to 2292~~
3224		-	contracts for ~~engineering, architecture,~~ ~~landscape architecture,~~ ~~2293~~
3225		-	or ~~registered surveying and mapping services let by the board. 2294~~
3226		-	~~(c) Contracts for maintenance services for any~~ district ~~2295~~
3227		-	~~facility or project shall be subject to competitive bidding 2296~~
3228		-	~~requirements when the amount thereof~~ to ~~be paid by~~ the district ~~2297~~
3229		-	~~exceeds the amount provided in s. 287.017~~, ~~Florida Statutes~~, ~~as 2298~~
3230		-	~~amended from time to time,~~ for ~~category four~~. ~~The district shall 2299~~
3231		-	~~adopt rules,~~ ~~policies, or procedures establishing~~ competitive ~~2300~~
3232		-	~~bidding procedures for maintenance services.~~ ~~Contracts for other 2301~~
3233		-	~~services shall not be subject to~~ competitive bidding ~~unless the 2302~~
3234		-	~~district adopts a rule,~~ ~~policy, or procedure applying 2303~~
3235		-	~~competitive bidding procedures~~ to ~~said contracts.~~ ~~Nothing herein 2304~~
3236		-	~~shall preclude the use of requests for proposal instead of 2305~~
3237		-	~~invitations to bid as determined by the district to be in its 2306~~
3238		-	~~best interest~~. ~~2307~~
3239		-	(20) ~~FEES~~, ~~RENTALS~~, ~~AND CHARGES; PROCEDURE FOR ADOPTION 2308~~
3240		-	AND ~~MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.~~ ~~— 2309~~
3241		-	~~(a) The district is authoriz ed~~ to ~~prescribe~~, ~~fix,~~ ~~2310~~
3242		-	~~establish~~, and ~~collect rates, fees, rentals, or other charges, 2311~~
3243		-
3244		-	~~CS/~~HB 4041 2025
3245		-
3246		-
3247		-
3248		-	CODING: Words stricken are deletions; words underlined are additions.
3249		-	hb4041-~~01-c1~~
	3216	+	maintenance of any project or facility authorized by this act by 2285
	3217	+	the employment of labor, material, and machinery. 2286
	3218	+	(b) The provisions of the Consultants' Competitive 2287
	3219	+	Negotiation Act, s. 287.055, Florida Statutes, apply to 2288
	3220	+	contracts for engineering, architecture, landscape architecture, 2289
	3221	+	or registered surveying and mapping services let by the board. 2290
	3222	+	(c) Contracts for maintenance services for any district 2291
	3223	+	facility or project shall be subject to competitive bidding 2292
	3224	+	requirements when the amount thereof to be paid by the district 2293
	3225	+	exceeds the amount provided in s. 287.017, Florida Statutes, as 2294
	3226	+	amended from time to time, for category four. The district shall 2295
	3227	+	adopt rules, policies , or procedures establishing competitive 2296
	3228	+	bidding procedures for maintenance services. Contracts for other 2297
	3229	+	services shall not be subject to competitive bidding unless the 2298
	3230	+	district adopts a rule, policy, or procedure applying 2299
	3231	+	competitive bidding procedures t o said contracts. Nothing herein 2300
	3232	+	shall preclude the use of requests for proposal instead of 2301
	3233	+	invitations to bid as determined by the district to be in its 2302
	3234	+	best interest. 2303
	3235	+	(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION 2304
	3236	+	AND MODIFICATIONS; MINIMUM RE VENUE REQUIREMENTS.— 2305
	3237	+	(a) The district is authorized to prescribe, fix, 2306
	3238	+	establish, and collect rates, fees, rentals, or other charges, 2307
	3239	+	hereinafter sometimes referred to as "revenues," and to revise 2308
	3240	+	the same from time to time, for the systems, facilities, and 2309
	3241	+
	3242	+	HB 4041 2025
	3243	+
	3244	+
	3245	+
	3246	+	CODING: Words stricken are deletions; words underlined are additions.
	3247	+	hb4041-00
3250	3248		Page 94 of 102
3251	3249		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
3252	3250
3253		-	~~hereinafter sometimes referred to as "revenues~~,~~" and to revise 2312~~
3254		-	~~the same from time~~ to ~~time~~, ~~for the systems,~~ facilities, and ~~2313~~
3255		-	~~services furnished by~~ the ~~district, including,~~ ~~but not limited 2314~~
3256		-	to, ~~recreational facilities~~, ~~water management and control 2315~~
3257		-	~~facilities,~~ and ~~water and sewer systems;~~ to ~~recover the costs of 2316~~
3258		-	~~making connection with~~ any ~~district service~~, ~~facility~~, or ~~2317~~
3259		-	~~system; and to provide for reasonable penalties against any user 2318~~
3260		-	~~or property for any~~ such rates, fees, rentals, or other charges ~~2319~~
3261		-	~~that are delinquent.~~ ~~2320~~
3262		-	~~(b) No such rates,~~ ~~fees, rentals,~~ ~~or other charges for any 2321~~
3263		-	~~of the facilities~~ or services ~~of the district shall be fixed 2322~~
3264		-	~~until after a public hearing at which~~ all ~~the users of the 2323~~
3265		-	proposed ~~facility or services or owners, tenants, or occupants 2324~~
3266		-	~~served~~ or ~~to be served thereby and all~~ other ~~interested persons 2325~~
3267		-	shall ~~have an opportunity to~~ be ~~heard concerning~~ the ~~proposed 2326~~
3268		-	~~rates~~, ~~fees, rentals,~~ ~~or other charges.~~ ~~Rates, fee s, rentals, 2327~~
3269		-	~~and other charges shall be adopted under~~ the ~~administrative 2328~~
3270		-	~~rulemaking authority~~ of ~~the district~~, ~~but shall not apply to 2329~~
3271		-	~~district leases.~~ ~~Notice~~ of ~~such public hearing setting forth the 2330~~
3272		-	~~proposed schedule or schedules of rates,~~ ~~fees, rentals,~~ ~~an d 2331~~
3273		-	~~other charges shall have been published in a newspaper of 2332~~
3274		-	~~general circulation in Collier County at least once and at least 2333~~
3275		-	~~10 days prior to such public hearing.~~ ~~The rulemaking hearing may 2334~~
3276		-	be ~~adjourned from time to time~~. ~~After such hearing,~~ ~~such 2335~~
3277		-	schedule or schedules, ~~either as initially proposed~~ or ~~as 2336~~
3278		-
3279		-	~~CS/~~HB 4041 2025
3280		-
3281		-
3282		-
3283		-	CODING: Words stricken are deletions; words underlined are additions.
3284		-	hb4041-~~01-c1~~
	3251	+	services furnished by the district, including, but not limited 2310
	3252	+	to, recreational facilities, water management and control 2311
	3253	+	facilities, and water and sewer systems; to recover the costs of 2312
	3254	+	making connection with any district service, facility, or 2313
	3255	+	system; and to provide for reasonable penalties against any user 2314
	3256	+	or property for any such rates, fees, rentals, or other charges 2315
	3257	+	that are delinquent. 2316
	3258	+	(b) No such rates, fees, rentals, or other charges for any 2317
	3259	+	of the facilities or services of the district shall be fixed 2318
	3260	+	until after a public hearing at which all the users of the 2319
	3261	+	proposed facility or services or owners, tenants, or occupants 2320
	3262	+	served or to be served thereby and all other interested persons 2321
	3263	+	shall have an opportunity to be heard concerning the proposed 2322
	3264	+	rates, fees, rentals, or other charges. Rates, fees, rentals, 2323
	3265	+	and other charges shall be adopted under the administrative 2324
	3266	+	rulemaking authority of the district, but shall not apply to 2325
	3267	+	district leases. Notice of such public hearing setting forth the 2326
	3268	+	proposed schedule or schedules of rates, fees, rentals, and 2327
	3269	+	other charges shall have been published in a newspaper of 2328
	3270	+	general circulation in Collier County at least once and at least 2329
	3271	+	10 days prior to such public hearing. The rulemaking hearing may 2330
	3272	+	be adjourned from time to time. After such hearing, such 2331
	3273	+	schedule or schedules, either as initially proposed or as 2332
	3274	+	modified or amended, may be finally adopted. A copy of the 2333
	3275	+	schedule or schedules of such rates, fees, rentals, or charges 2334
	3276	+
	3277	+	HB 4041 2025
	3278	+
	3279	+
	3280	+
	3281	+	CODING: Words stricken are deletions; words underlined are additions.
	3282	+	hb4041-00
3285	3283		Page 95 of 102
3286	3284		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
3287	3285
3288		-	modified or amended, may be finally adopted. A copy of the 2337
3289		-	schedule or schedules of such rates, fees, rentals, or charges 2338
3290		-	as finally adopted shall be kept on file in an office designated 2339
3291		-	by the board and sha ll be open at all reasonable times to public 2340
3292		-	inspection. The rates, fees, rentals, or charges so fixed for 2341
3293		-	any class of users or property served shall be extended to cover 2342
3294		-	any additional users or properties thereafter served which shall 2343
3295		-	fall in the same class, without the necessity of any notice or 2344
3296		-	hearing. 2345
3297		-	(c) Such rates, fees, rentals, and other charges shall be 2346
3298		-	just and equitable and uniform for users of the same class, and 2347
3299		-	when appropriate may be based or computed either upon the amount 2348
3300		-	of service furnished, upon the average number of persons 2349
3301		-	residing or working in or otherwise occupying the premises 2350
3302		-	served, or upon any other factor affecting the use of the 2351
3303		-	facilities furnished, or upon any combination of the foregoing 2352
3304		-	factors, as may be determined by the board on an equitable 2353
3305		-	basis. 2354
3306		-	(d) The rates, fees, rentals, or other charges prescribed 2355
3307		-	shall be such as will produce revenues, together with any other 2356
3308		-	assessments, taxes, revenues, or funds available or pledged for 2357
3309		-	such purpose, at least sufficient t o provide for the items 2358
3310		-	hereinafter listed, but not necessarily in the order stated: 2359
3311		-	1. To provide for all expenses of operation and 2360
3312		-	maintenance of such facility or service. 2361
3313		-
3314		-	CS/HB 4041 2025
3315		-
3316		-
3317		-
3318		-	CODING: Words stricken are deletions; words underlined are additions.
3319		-	hb4041-01-c1
	3286	+	as finally adopted shall be kept o n file in an office designated 2335
	3287	+	by the board and shall be open at all reasonable times to public 2336
	3288	+	inspection. The rates, fees, rentals, or charges so fixed for 2337
	3289	+	any class of users or property served shall be extended to cover 2338
	3290	+	any additional users or propertie s thereafter served which shall 2339
	3291	+	fall in the same class, without the necessity of any notice or 2340
	3292	+	hearing. 2341
	3293	+	(c) Such rates, fees, rentals, and other charges shall be 2342
	3294	+	just and equitable and uniform for users of the same class, and 2343
	3295	+	when appropriate may be base d or computed either upon the amount 2344
	3296	+	of service furnished, upon the average number of persons 2345
	3297	+	residing or working in or otherwise occupying the premises 2346
	3298	+	served, or upon any other factor affecting the use of the 2347
	3299	+	facilities furnished, or upon any combination of the foregoing 2348
	3300	+	factors, as may be determined by the board on an equitable 2349
	3301	+	basis. 2350
	3302	+	(d) The rates, fees, rentals, or other charges prescribed 2351
	3303	+	shall be such as will produce revenues, together with any other 2352
	3304	+	assessments, taxes, revenues, or funds available or pledged for 2353
	3305	+	such purpose, at least sufficient to provide for the items 2354
	3306	+	hereinafter listed, but not necessarily in the order stated: 2355
	3307	+	1. To provide for all expenses of operation and 2356
	3308	+	maintenance of such facility or service. 2357
	3309	+
	3310	+	HB 4041 2025
	3311	+
	3312	+
	3313	+
	3314	+	CODING: Words stricken are deletions; words underlined are additions.
	3315	+	hb4041-00
3320	3316		Page 96 of 102
3321	3317		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
3322	3318
3323		-	2. To pay when due all ~~bonds~~ and interest thereon for the ~~2362~~
3324		-	payment of which ~~suc h~~ revenues are, or shall have been, pledged ~~2363~~
3325		-	or encumbered, including reserves for such purpose. ~~2364~~
3326		-	3. To provide for any other funds which may be required ~~2365~~
3327		-	under the resolution or resolutions authorizing the issuance of ~~2366~~
3328		-	bonds pursuant to this act. ~~2367~~
3329		-	(e) The board shall have the power to enter into contracts ~~2368~~
3330		-	for the use of the projects of the district and with respect to ~~2369~~
3331		-	the services, systems, and facilities furnished or to be ~~2370~~
3332		-	furnished by the district. ~~2371~~
3333		-	(21) RECOVERY OF DELINQUENT CHARGES. —In the event that any ~~2372~~
3334		-	rates, fees, rentals, charges, or delinquent penalties are not ~~2373~~
3335		-	paid when due and are in default for 60 days or more, the unpaid ~~2374~~
3336		-	balance thereof and all interest accrued thereon, together with ~~2375~~
3337		-	reasonable attorney fees and costs, may be recovered by the ~~2376~~
3338		-	district in a civil action. ~~2377~~
3339		-	(22) DISCONTINUANCE OF SERVICE. —In the event the fees, ~~2378~~
3340		-	rentals, or other charges for district services or facilities ~~2379~~
3341		-	are not paid when due, the board shall have the power, ~~under 2380~~
3342		-	such reasonable rules and regulations as the ~~boa rd~~ may adopt, to ~~2381~~
3343		-	discontinue and shut off such services until such fees, rentals, ~~2382~~
3344		-	or other charges, including interest, penalties, and charges for ~~2383~~
3345		-	the shutting off and discontinuance and the restoration of such ~~2384~~
3346		-	services, are fully paid; and, for such ~~purpo ses~~, the board may ~~2385~~
3347		-	enter on any lands, waters, or premises of any person, firm, ~~2386~~
3348		-
3349		-	~~CS/~~HB 4041 2025
3350		-
3351		-
3352		-
3353		-	CODING: Words stricken are deletions; words underlined are additions.
3354		-	hb4041-~~01-c1~~
	3319	+	2. To pay when due all bond s and interest thereon for the 2358
	3320	+	payment of which such revenues are, or shall have been, pledged 2359
	3321	+	or encumbered, including reserves for such purpose. 2360
	3322	+	3. To provide for any other funds which may be required 2361
	3323	+	under the resolution or resolutions authorizing the issuance of 2362
	3324	+	bonds pursuant to this act. 2363
	3325	+	(e) The board shall have the power to enter into contracts 2364
	3326	+	for the use of the projects of the district and with respect to 2365
	3327	+	the services, systems, and facilities furnished or to be 2366
	3328	+	furnished by the district. 2367
	3329	+	(21) RECOVERY OF DELINQUENT CHARGES. —In the event that any 2368
	3330	+	rates, fees, rentals, charges, or delinquent penalties are not 2369
	3331	+	paid when due and are in default for 60 days or more, the unpaid 2370
	3332	+	balance thereof and all interest accrued thereon, together with 2371
	3333	+	reasonable attorney fees and costs, may be recovered by the 2372
	3334	+	district in a civil action. 2373
	3335	+	(22) DISCONTINUANCE OF SERVICE. —In the event the fees, 2374
	3336	+	rentals, or other charges for district services or facilities 2375
	3337	+	are not paid when due, the board shall have the power, und er 2376
	3338	+	such reasonable rules and regulations as the board may adopt, to 2377
	3339	+	discontinue and shut off such services until such fees, rentals, 2378
	3340	+	or other charges, including interest, penalties, and charges for 2379
	3341	+	the shutting off and discontinuance and the restoration of such 2380
	3342	+	services, are fully paid; and, for such purposes, the board may 2381
	3343	+	enter on any lands, waters, or premises of any person, firm, 2382
	3344	+
	3345	+	HB 4041 2025
	3346	+
	3347	+
	3348	+
	3349	+	CODING: Words stricken are deletions; words underlined are additions.
	3350	+	hb4041-00
3355	3351		Page 97 of 102
3356	3352		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
3357	3353
3358		-	corporation, or body, public or private, within the district ~~2387~~
3359		-	limits. Such delinquent fees, rentals, or other charges, ~~2388~~
3360		-	together with interest, penalties, and charges for the ~~shu tting 2389~~
3361		-	off and discontinuance and the restoration of such services and ~~2390~~
3362		-	facilities and reasonable attorney fees and other expenses, may ~~2391~~
3363		-	be recovered by the district, which may also enforce payment of ~~2392~~
3364		-	such delinquent fees, rentals, or other charges by any ~~oth er 2393~~
3365		-	lawful method of enforcement. ~~2394~~
3366		-	(23) ENFORCEMENT AND PENALTIES. —The board or any aggrieved ~~2395~~
3367		-	person may have recourse to such remedies in law and at equity ~~2396~~
3368		-	as may be necessary to ensure compliance with ~~this~~ act, ~~2397~~
3369		-	including injunctive relief to enjoin or ~~re strain~~ any person ~~2398~~
3370		-	violating this act or any bylaws, resolutions, regulations, ~~2399~~
3371		-	rules, codes, or orders adopted under this act. In case any ~~2400~~
3372		-	building or structure is erected, constructed, reconstructed, ~~2401~~
3373		-	altered, repaired, converted, or maintained, or any ~~buil ding~~, ~~2402~~
3374		-	structure, land, or water is used, in violation of this act or ~~2403~~
3375		-	of any code, order, resolution, or other regulation made under ~~2404~~
3376		-	authority conferred by this act or under law, the board or any ~~2405~~
3377		-	citizen residing in the district may institute any ~~appropriat e 2406~~
3378		-	action or proceeding to prevent such unlawful erection, ~~2407~~
3379		-	construction, reconstruction, alteration, repair, conversion, ~~2408~~
3380		-	maintenance, or use; to restrain, correct, or avoid such ~~2409~~
3381		-	violation; to prevent the ~~occupancy~~ of such building, structure, ~~2410~~
3382		-
3383		-	~~CS/~~HB 4041 2025
3384		-
3385		-
3386		-
3387		-	CODING: Words stricken are deletions; words underlined are additions.
3388		-	hb4041-~~01-c1~~
	3354	+	corporation, or body, public or private, within the district 2383
	3355	+	limits. Such delinquent fees, rentals, or other charges, 2384
	3356	+	together with interest, penalties, and charges for the shutting 2385
	3357	+	off and discontinuance and the restoration of such services and 2386
	3358	+	facilities and reasonable attorney fees and other expenses, may 2387
	3359	+	be recovered by the district, which may also enforce payment of 2388
	3360	+	such delinquent fees, rentals, or other charges by any other 2389
	3361	+	lawful method of enforcement. 2390
	3362	+	(23) ENFORCEMENT AND PENALTIES. —The board or any aggrieved 2391
	3363	+	person may have recourse to such remedies in law and at equity 2392
	3364	+	as may be necessary to ensure compliance with th is act, 2393
	3365	+	including injunctive relief to enjoin or restrain any person 2394
	3366	+	violating this act or any bylaws, resolutions, regulations, 2395
	3367	+	rules, codes, or orders adopted under this act. In case any 2396
	3368	+	building or structure is erected, constructed, reconstructed, 2397
	3369	+	altered, repaired, converted, or maintained, or any building, 2398
	3370	+	structure, land, or water is used, in violation of this act or 2399
	3371	+	of any code, order, resolution, or other regulation made under 2400
	3372	+	authority conferred by this act or under law, the board or any 2401
	3373	+	citizen residing in the district may institute any appropriate 2402
	3374	+	action or proceeding to prevent such unlawful erection, 2403
	3375	+	construction, reconstruction, alteration, repair, conversion, 2404
	3376	+	maintenance, or use; to restrain, correct, or avoid such 2405
	3377	+	violation; to prevent the oc cupancy of such building, structure, 2406
	3378	+
	3379	+	HB 4041 2025
	3380	+
	3381	+
	3382	+
	3383	+	CODING: Words stricken are deletions; words underlined are additions.
	3384	+	hb4041-00
3389	3385		Page 98 of 102
3390	3386		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
3391	3387
3392		-	land, or water; and to prevent any illegal act, conduct, ~~2411~~
3393		-	business, or use in or about such premises, land, or water. ~~2412~~
3394		-	(24) SUITS AGAINST THE DISTRICT. —Any suit or action ~~2413~~
3395		-	brought or maintained against the district for ~~damages~~ arising ~~2414~~
3396		-	out of tort, including, without ~~limi tation~~, any claim arising ~~2415~~
3397		-	upon account of an act causing an injury or loss of property, ~~2416~~
3398		-	personal injury, or death, shall be subject to the limitations ~~2417~~
3399		-	provided in s. 768.28, Florida Statutes. ~~2418~~
3400		-	(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION. —All ~~2419~~
3401		-	district property shall be exempt from levy and sale by virtue ~~2420~~
3402		-	of an execution, and no execution or other judicial process ~~2421~~
3403		-	shall issue against such property, nor shall any judgment ~~2422~~
3404		-	against the district be a ~~charge~~ or lien on its property or ~~2423~~
3405		-	revenues; however, ~~no thing~~ contained herein shall apply to or ~~2424~~
3406		-	limit the rights of bondholders to pursue any remedy for the ~~2425~~
3407		-	enforcement of any lien or pledge given by the district in ~~2426~~
3408		-	connection with any of the bonds or ~~obligations~~ of the district. ~~2427~~
3409		-	(26) TERMINATION, ~~CONTRACTIO N~~, OR EXPANSION OF DISTRICT. — ~~2428~~
3410		-	(a) The board of supervisors of the district shall not ask ~~2429~~
3411		-	the Legislature to repeal or amend this act to expand or to ~~2430~~
3412		-	contract the boundaries of the district or otherwise ~~cause~~ the ~~2431~~
3413		-	merger or termination of the district ~~with out~~ first obtaining a ~~2432~~
3414		-	resolution or official statement from Collier County as required ~~2433~~
3415		-	by s. 189.031(2)(e)4., Florida Statutes, for creation of an ~~2434~~
3416		-	independent special district. The district's consent may ~~be 2435~~
3417		-
3418		-	~~CS/~~HB 4041 2025
3419		-
3420		-
3421		-
3422		-	CODING: Words stricken are deletions; words underlined are additions.
3423		-	hb4041-~~01-c1~~
	3388	+	land, or water; and to prevent any illegal act, conduct, 2407
	3389	+	business, or use in or about such premises, land, or water. 2408
	3390	+	(24) SUITS AGAINST THE DISTRICT. —Any suit or action 2409
	3391	+	brought or maintained against the district for d amages arising 2410
	3392	+	out of tort, including, without limitation, any claim arising 2411
	3393	+	upon account of an act causing an injury or loss of property, 2412
	3394	+	personal injury, or death, shall be subject to the limitations 2413
	3395	+	provided in s. 768.28, Florida Statutes. 2414
	3396	+	(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION. —All 2415
	3397	+	district property shall be exempt from levy and sale by virtue 2416
	3398	+	of an execution, and no execution or other judicial process 2417
	3399	+	shall issue against such property, nor shall any judgment 2418
	3400	+	against the district be a char ge or lien on its property or 2419
	3401	+	revenues; however, nothing contained herein shall apply to or 2420
	3402	+	limit the rights of bondholders to pursue any remedy for the 2421
	3403	+	enforcement of any lien or pledge given by the district in 2422
	3404	+	connection with any of the bonds or obligati ons of the district. 2423
	3405	+	(26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT. — 2424
	3406	+	(a) The board of supervisors of the district shall not ask 2425
	3407	+	the Legislature to repeal or amend this act to expand or to 2426
	3408	+	contract the boundaries of the district or otherwise c ause the 2427
	3409	+	merger or termination of the district without first obtaining a 2428
	3410	+	resolution or official statement from Collier County as required 2429
	3411	+	by s. 189.031(2)(e)4., Florida Statutes, for creation of an 2430
	3412	+	independent special district. The district's consent may b e 2431
	3413	+
	3414	+	HB 4041 2025
	3415	+
	3416	+
	3417	+
	3418	+	CODING: Words stricken are deletions; words underlined are additions.
	3419	+	hb4041-00
3424	3420		Page 99 of 102
3425	3421		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
3426	3422
3427		-	evidenced by a resolution or other official ~~writt en~~ statement of ~~2436~~
3428		-	the district. ~~2437~~
3429		-	(b) The district shall remain in existence until: ~~2438~~
3430		-	1. The district is terminated and dissolved pursuant to ~~2439~~
3431		-	amendment to this act by the Legislature. ~~2440~~
3432		-	2. The district has ~~become~~ inactive pursuant to s. ~~2441~~
3433		-	189.062, Florida Statutes. ~~2442~~
3434		-	(27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS. The ~~2443~~
3435		-	district may merge with one or more community development ~~2444~~
3436		-	districts situated wholly within its boundaries. The district ~~2445~~
3437		-	shall be the surviving entity of the merger. Any mergers shall ~~2446~~
3438		-	commence upon each such community development district filing a ~~2447~~
3439		-	written request for merger with the district. A copy of the ~~2448~~
3440		-	written request shall also be filed with Collier County. The ~~2449~~
3441		-	district, subject to the direction of its board of supervisors, ~~2450~~
3442		-	shall enter into a ~~merger~~ agreement which shall provide for the ~~2451~~
3443		-	proper allocation of debt, the manner in which such debt shall ~~2452~~
3444		-	be retired, the transition of the community development district ~~2453~~
3445		-	board, and the transfer of all financial obligations and ~~2454~~
3446		-	operating and ~~mainten ance responsibilities~~ to the district. The ~~2455~~
3447		-	execution of the merger agreement by the district and each ~~2456~~
3448		-	community development district constitutes consent of the ~~2457~~
3449		-	landowners within each district. The district and each community ~~2458~~
3450		-	development district requesting merger ~~shall~~ hold a public ~~2459~~
3451		-	hearing within its boundaries to provide information about and ~~2460~~
3452		-
3453		-	~~CS/~~HB 4041 2025
3454		-
3455		-
3456		-
3457		-	CODING: Words stricken are deletions; words underlined are additions.
3458		-	hb4041-~~01-c1~~
	3423	+	evidenced by a resolution or other official written statement of 2432
	3424	+	the district. 2433
	3425	+	(b) The district shall remain in existence until: 2434
	3426	+	1. The district is terminated and dissolved pursuant to 2435
	3427	+	amendment to this act by the Legislature. 2436
	3428	+	2. The district has b ecome inactive pursuant to s. 2437
	3429	+	189.062, Florida Statutes. 2438
	3430	+	(27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS. The 2439
	3431	+	district may merge with one or more community development 2440
	3432	+	districts situated wholly within its boundaries. The district 2441
	3433	+	shall be the surviving entity of the merger. Any mergers shall 2442
	3434	+	commence upon each such community development district filing a 2443
	3435	+	written request for merger with the district. A copy of the 2444
	3436	+	written request shall also be filed with Collier County. The 2445
	3437	+	district, subject to the direction of its board of supervisors, 2446
	3438	+	shall enter into a merg er agreement which shall provide for the 2447
	3439	+	proper allocation of debt, the manner in which such debt shall 2448
	3440	+	be retired, the transition of the community development district 2449
	3441	+	board, and the transfer of all financial obligations and 2450
	3442	+	operating and maintenance resp onsibilities to the district. The 2451
	3443	+	execution of the merger agreement by the district and each 2452
	3444	+	community development district constitutes consent of the 2453
	3445	+	landowners within each district. The district and each community 2454
	3446	+	development district requesting merger s hall hold a public 2455
	3447	+	hearing within its boundaries to provide information about and 2456
	3448	+
	3449	+	HB 4041 2025
	3450	+
	3451	+
	3452	+
	3453	+	CODING: Words stricken are deletions; words underlined are additions.
	3454	+	hb4041-00
3459	3455		Page 100 of 102
3460	3456		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
3461	3457
3462		-	take public comment on the proposed merger in the merger ~~2461~~
3463		-	agreement. The public hearing shall be held within 45 days ~~after 2462~~
3464		-	the initial consideration and approval of ~~t he~~ merger ~~agreement 2463~~
3465		-	by all parties thereto. Notice of the public hearing shall be ~~2464~~
3466		-	published at least 14 days before the hearing in a newspaper of ~~2465~~
3467		-	general circulation in Collier County. At the conclusion of the ~~2466~~
3468		-	public hearing, each district shall consider a resolution ~~either 2467~~
3469		-	approving or disapproving the proposed merger. If the district ~~2468~~
3470		-	and each community development district which is a party to the ~~2469~~
3471		-	merger agreement adopt a resolution approving the proposed ~~2470~~
3472		-	merger, the resolutions and the executed merger ~~agr eement~~ shall ~~2471~~
3473		-	be filed with Collier County. Upon receipt of the resolutions ~~2472~~
3474		-	approving the merger and the merger agreement, Collier County ~~2473~~
3475		-	shall adopt a ~~nonemergency~~ ordinance dissolving each community ~~2474~~
3476		-	development district pursuant to s. 190.046(10), Florida ~~2475~~
3477		-	Statutes. ~~2476~~
3478		-	(28) INCLUSION OF TERRITORY. —The inclusion of any or all ~~2477~~
3479		-	territory of the district within a municipality does not change, ~~2478~~
3480		-	alter, or affect the boundary, territory, existence, or ~~2479~~
3481		-	jurisdiction of the district. ~~2480~~
3482		-	(29) SALE OF REAL ESTATE WITHIN ~~T HE~~ DISTRICT; REQUIRED ~~2481~~
3483		-	DISCLOSURE TO PURCHASER. —Subsequent to the creation of this ~~2482~~
3484		-	district under this act, each contract for the initial sale of a ~~2483~~
3485		-	parcel of real property and each contract for the initial sale ~~2484~~
3486		-	of a residential unit within the district ~~shal l~~ include, ~~2485~~
3487		-
3488		-	~~CS/~~HB 4041 2025
3489		-
3490		-
3491		-
3492		-	CODING: Words stricken are deletions; words underlined are additions.
3493		-	hb4041-~~01-c1~~
	3458	+	take public comment on the proposed merger in the merger 2457
	3459	+	agreement. The public hearing shall be held within 45 days of 2458
	3460	+	the initial consideration and approval of the merger ag reement 2459
	3461	+	by all parties thereto. Notice of the public hearing shall be 2460
	3462	+	published at least 14 days before the hearing in a newspaper of 2461
	3463	+	general circulation in Collier County. At the conclusion of the 2462
	3464	+	public hearing each district shall consider a resolution e ither 2463
	3465	+	approving or disapproving the proposed merger. If the district 2464
	3466	+	and each community development district which is a party to the 2465
	3467	+	merger agreement adopt a resolution approving the proposed 2466
	3468	+	merger, the resolutions and the executed merger agreement shall 2467
	3469	+	be filed with Collier County. Upon receipt of the resolutions 2468
	3470	+	approving the merger and the merger agreement, Collier County 2469
	3471	+	shall adopt a non-emergency ordinance dissolving each community 2470
	3472	+	development district pursuant to s. 190.046(10), Florida 2471
	3473	+	Statutes. 2472
	3474	+	(28) INCLUSION OF TERRITORY. The inclusion of any or all 2473
	3475	+	territory of the district within a municipality does not change, 2474
	3476	+	alter, or affect the boundary, territory, existence, or 2475
	3477	+	jurisdiction of the district. 2476
	3478	+	(29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED 2477
	3479	+	DISCLOSURE TO PURCHASER. —Subsequent to the creation of this 2478
	3480	+	district under this act, each contract for the initial sale of a 2479
	3481	+	parcel of real property and each contract for the initial sale 2480
	3482	+	of a residential unit within the district shall include, 2481
	3483	+
	3484	+	HB 4041 2025
	3485	+
	3486	+
	3487	+
	3488	+	CODING: Words stricken are deletions; words underlined are additions.
	3489	+	hb4041-00
3494	3490		Page 101 of 102
3495	3491		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
3496	3492
3497		-	immediately prior to the space reserved in the contract for the ~~2486~~
3498		-	signature of the purchaser, the following disclosure statement ~~2487~~
3499		-	in boldfaced and conspicuous type which is larger than the type ~~2488~~
3500		-	in the remaining text of the contract: "THE CORKSCREW GROVE ~~2489~~
3501		-	STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, ~~2490~~
3502		-	OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ~~2491~~
3503		-	ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE ~~2492~~
3504		-	COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE ~~2493~~
3505		-	DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE ~~2494~~
3506		-	DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY ~~2495~~
3507		-	AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER ~~2496~~
3508		-	TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." ~~2497~~
3509		-	(30) NOTICE OF CREATION ~~AND~~ ESTABLISHMENT. —Within 30 days ~~2498~~
3510		-	after the election of the first board of supervisors creating ~~2499~~
3511		-	this district, the district shall cause to be recorded in the ~~2500~~
3512		-	grantor-grantee index of the property records in Collier County ~~2501~~
3513		-	a "Notice of Creation ~~a nd Establishment~~ of the Corkscrew Grove ~~2502~~
3514		-	Stewardship District." The notice shall, at a minimum, include ~~2503~~
3515		-	the legal description of the property covered by this act. ~~2504~~
3516		-	(31) DISTRICT PROPERTY PUBLIC; FEES. —Any system, facility, ~~2505~~
3517		-	service, works, improvement, ~~proj ect~~, or ~~other~~ infrastructure ~~2506~~
3518		-	owned by the district, or funded by federal tax exempt bonding ~~2507~~
3519		-	issued by the district, is public; and the district by rule may ~~2508~~
3520		-	regulate, and may impose reasonable charges or fees for, the use ~~2509~~
3521		-	thereof, but not to the extent that such ~~regulation~~ or ~~2510~~
3522		-
3523		-	~~CS/~~HB 4041 2025
3524		-
3525		-
3526		-
3527		-	CODING: Words stricken are deletions; words underlined are additions.
3528		-	hb4041-~~01-c1~~
	3493	+	immediately prior to the space reserved in the contract for the 2482
	3494	+	signature of the purchaser, the following disclosure statement 2483
	3495	+	in boldfaced and conspicuous type which is larger than the type 2484
	3496	+	in the remaining text of the contract: "THE CORKSCREW GROVE 2485
	3497	+	STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, 2486
	3498	+	OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND 2487
	3499	+	ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE 2488
	3500	+	COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE 2489
	3501	+	DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE 2490
	3502	+	DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY 2491
	3503	+	AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER 2492
	3504	+	TAXES AND ASSESSMENTS PROVIDED FOR BY LAW." 2493
	3505	+	(30) NOTICE OF CREATION A ND ESTABLISHMENT.—Within 30 days 2494
	3506	+	after the election of the first board of supervisors creating 2495
	3507	+	this district, the district shall cause to be recorded in the 2496
	3508	+	grantor-grantee index of the property records in Collier County 2497
	3509	+	a "Notice of Creation and Establish ment of the Corkscrew Grove 2498
	3510	+	Stewardship District." The notice shall, at a minimum, include 2499
	3511	+	the legal description of the property covered by this act. 2500
	3512	+	(31) DISTRICT PROPERTY PUBLIC; FEES. —Any system, facility, 2501
	3513	+	service, works, improvement, project, or othe r infrastructure 2502
	3514	+	owned by the district, or funded by federal tax exempt bonding 2503
	3515	+	issued by the district, is public; and the district by rule may 2504
	3516	+	regulate, and may impose reasonable charges or fees for, the use 2505
	3517	+	thereof, but not to the extent that such regula tion or 2506
	3518	+
	3519	+	HB 4041 2025
	3520	+
	3521	+
	3522	+
	3523	+	CODING: Words stricken are deletions; words underlined are additions.
	3524	+	hb4041-00
3529	3525		Page 102 of 102
3530	3526		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
3531	3527
3532		-	imposition of such charges or fees constitutes denial of ~~2511~~
3533		-	reasonable access. ~~2512~~
3534		-	Section 7. If any provision of this act is determined ~~2513~~
3535		-	unconstitutional or otherwise determined invalid by a court of ~~2514~~
3536		-	law, all the rest and remainder of the act shall remain in full ~~2515~~
3537		-	force and effect as the law of this state. ~~2516~~
3538		-	Section 8. This act shall take effect upon becoming a law, ~~2517~~
3539		-	except that the provisions of this act which authorize the levy ~~2518~~
3540		-	of ad valorem taxation shall take effect only upon express ~~2519~~
3541		-	approval by a majority vote of those qualified electors of the ~~2520~~
3542		-	Corkscrew Grove Stewardship District, as required by Section 9 ~~2521~~
3543		-	of Article VII of the State Constitution , voting in a referendum ~~2522~~
3544		-	election held ~~during a general election~~ at such time as all ~~2523~~
3545		-	~~members of the board are~~ qualified electors who are elected by ~~2524~~
3546		-	~~qualified electors of the~~ district as provided in this act. ~~2525~~
3547		-	~~2526~~
	3528	+	imposition of such charges or fees constitutes denial of 2507
	3529	+	reasonable access. 2508
	3530	+	Section 7. If any provision of this act is determined 2509
	3531	+	unconstitutional or otherwise determined invalid by a court of 2510
	3532	+	law, all the rest and remainder of the act shall remain in full 2511
	3533	+	force and effect as the law of this state. 2512
	3534	+	Section 8. This act shall take effect upon becoming a law, 2513
	3535	+	except that the provisions of this act which authorize the levy 2514
	3536	+	of ad valorem taxation shall take effect only upon express 2515
	3537	+	approval by a majority vote of those qualified electors of the 2516
	3538	+	Corkscrew Grove Stewardship District, as required by Section 9 2517
	3539	+	of Article VII of the State Constitution , voting in a referendum 2518
	3540	+	election held at such time as all members of the board are 2519
	3541	+	qualified electors who are elected by qualified electors of the 2520
	3542	+	district as provided in this act. 2521
	3543	+	2522