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