Florida 2025 Regular Session

Florida House Bill H4043 Compare Versions

Version 1 (Old)

Version 2 (New)

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9	9		Page 1 of 118
10	10		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12		A bill to be entitled 1
13	13		An act relating to Osceola County; creating the 2
14	14		Waterlin Stewardship District; providing a short 3
15	15		title; providing legislative findings and intent; 4
16	16		providing definitions; stating legislative policy 5
17	17		regarding creation of the district; establishing 6
18	18		compliance with minimum requirements in s. 189.031(3), 7
19	19		F.S., for creation of an independent special district; 8
20	20		providing for creation and establishment of the 9
21	21		district; establishing the legal boundaries of the 10
22	22		district; providing for the jurisdiction and charter 11
23	23		of the district; providing for a governing board and 12
24	24		establishing membership criteria and election 13
25	25		procedures; providing for board members' terms of 14
26	26		office; providing for board meetings; providing for 15
27	27		administrative duties of the board; providing a method 16
28	28		for transition of the board from landowner control to 17
29	29		control by the resident electors of the district; 18
30	30		providing for a district manager and district 19
31	31		personnel; providing for a district treasurer, 20
32	32		selection of a public depository, and district budgets 21
33	33		and financial reports; providing for the general 22
34	34		powers of the district; providing for the special 23
35	35		powers of the district to plan, finance, and provide 24
36	36		community infrastructure and services within the 25
37	37
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45	45		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
46	46
47	47		district; providing for bonds; providing for 26
48	48		borrowing; providing for future ad valorem taxation; 27
49	49		providing for special assessments; providing for 28
50	50		issuance of certificates of indebtedness; providing 29
51	51		for tax liens; providing for competitive procurement; 30
52	52		providing for fees and charges; providing for 31
53	53		amendment to charter ; providing for required notices 32
54	54		to purchasers of residential units within the 33
55	55		district; defining district public property; providing 34
56	56		for construction; providing severability; providing 35
57	57		for a referendum; providing an effective date. 36
58	58		37
59	59		Be It Enacted by the Legislature of the State of Florida: 38
60	60		39
61	61		Section 1. This act may be cited as the "Waterlin 40
62	62		Stewardship District Act." 41
63	63		Section 2. Legislative findings and intent; definitions; 42
64	64		policy. 43
65	65		(1) LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT. 44
66	66		(a) The extensive lands located wholly within Osceola 45
67	67		County and covered by this act contain many opportunities for 46
68	68		thoughtful, comprehensive, responsible, and consistent 47
69	69		development over a long period. 48
70	70		(b) There is a need to use a special and limited purpose 49
71	71		independent special district unit of local government for the 50
72	72
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80	80		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
81	81
82	82		Waterlin Stewardship District lands located within Osceola 51
83	83		County and covered by this act to provide for a more 52
84	84		comprehensive communities development approach, which will 53
85	85		facilitate an integral re lationship between transportation, land 54
86	86		use and urban design to provide for a diverse mix of housing and 55
87	87		regional employment and economic development opportunities, 56
88	88		rather than fragmented development with underutilized 57
89	89		infrastructure generally associated w ith urban sprawl. 58
90	90		(c) The establishment of a special and limited purpose 59
91	91		independent special district for the Waterlin Stewardship 60
92	92		District lands will allow for cooperation with Osceola County 61
93	93		for the responsible management of waterways adjacent to Lake 62
94	94		Tohopekaliga through the recognition of the Lake Toho Protection 63
95	95		Area, located a minimum of 250 feet and an average of 500 feet 64
96	96		along the Lake Tohopekaliga lakeshore from the controlled high 65
97	97		water line elevation, including the Lake Toho Shoreline Regional 66
98	98		Park in accordance with the existing South Lake Toho Conceptual 67
99	99		Master Plan. The establishment of the district and the 68
100	100		recognition of the Lake Toho Protection Area and the Lake Toho 69
101	101		Shoreline Regional Park will help to facilitate the highest and 70
102	102		best use for the real property within the Waterlin Stewardship 71
103	103		District. 72
104	104		(d) There is a considerably long period of time during 73
105	105		which there is a significant burden to provide various systems, 74
106	106		facilities, and services on the initial landowners of these 75
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115	115		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
116	116
117	117		Waterlin Stewardship District lands, such that there is a need 76
118	118		for flexible management, sequencing, timing, and financing of 77
119	119		the various systems, facilities, and services to be provided to 78
120	120		these lands, taking into consideration absorption rates, 79
121	121		commercial viability, and related factors. 80
122	122		(e) While chapter 190, Florida Statutes, provides an 81
123	123		opportunity for community development services and facilities to 82
124	124		be provided by the establishment of community development 83
125	125		districts in a manner that furthers the public interest, given 84
126	126		the size of the Waterlin Stewardship District lands and the 85
127	127		duration of development, establishing multiple community 86
128	128		development districts over these lands would result in an 87
129	129		inefficient, duplicative, and needless proliferation of local 88
130	130		special purpose government, contrary to the public interest and 89
131	131		the Legislature's findings in chapter 190, Florida Statutes. 90
132	132		Instead, it is in the public interest that the long -range 91
133	133		provision for, and management, financing, and long -term 92
134	134		maintenance, upkeep, and oper ation of, services and facilities 93
135	135		to be provided for ultimate development and conservation of the 94
136	136		lands covered by this act be under one coordinated entity. The 95
137	137		creation of a single district will assist in integrating the 96
138	138		management of state resources and allow for greater and more 97
139	139		coordinated stewardship of water, waste, energy, habitat and 98
140	140		natural system resources. 99
141	141		(f) Longer involvement of the initial landowner with 100
142	142
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150	150		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
151	151
152	152		regard to the provision of systems, facilities, and services for 101
153	153		the Waterlin Stewards hip District lands, coupled with the 102
154	154		special and limited purpose of the district, is in the public 103
155	155		interest. 104
156	156		(g) The existence and use of such a special and limited 105
157	157		purpose local government for the Waterlin Stewardship District 106
158	158		lands, subject to the Osc eola County comprehensive plan, will 107
159	159		provide for a comprehensive and complete community development 108
160	160		approach to promote a sustainable and efficient land use pattern 109
161	161		for the Waterlin Stewardship District lands with long -term 110
162	162		planning for conservation, devel opment, and agriculture and 111
163	163		silviculture on a large scale; provide opportunities for the 112
164	164		mitigation of impacts and development of infrastructure in an 113
165	165		orderly and timely manner; prevent the overburdening of the 114
166	166		local general purpose government and the taxp ayers; and provide 115
167	167		an enhanced tax base and regional employment and economic 116
168	168		development opportunities. 117
169	169		(h) The creation and establishment of the special 118
170	170		district will encourage local government financial self -119
171	171		sufficiency in providing public facilities and in identifying 120
172	172		and implementing physically sound, innovative, and cost -121
173	173		effective techniques to provide and finance public facilities 122
174	174		while encouraging development, use, and coordination of capital 123
175	175		improvement plans by all levels of government, in accor dance 124
176	176		with the goals of chapter 187, Florida Statutes. 125
177	177
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185	185		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
186	186
187	187		(i) The creation and establishment of the special 126
188	188		district will encourage and enhance cooperation among 127
189	189		communities that have unique assets, irrespective of political 128
190	190		boundaries, to bring the private and public sectors together for 129
191	191		establishing an orderly and economically sound plan for current 130
192	192		and future needs and growth. 131
193	193		(j) The creation and establishment of the special 132
194	194		district is a legitimate supplemental and alternative method 133
195	195		available to manage, own, operate, construct, and finance 134
196	196		capital infrastructure systems, facilities, and services. 135
197	197		(k) In order to be responsive to the critical timing 136
198	198		required through the exercise of its special management 137
199	199		functions, an independent special district re quires financing of 138
200	200		those functions, including bondable lienable and nonlienable 139
201	201		revenue, with full and continuing public disclosure and 140
202	202		accountability, funded by landowners, both present and future, 141
203	203		and funded also by users of the systems, facilities, and 142
204	204		services provided to the land area by the special district, 143
205	205		without unduly burdening the taxpayers, citizens, and ratepayers 144
206	206		of the state, Osceola County, any municipality therein, or the 145
207	207		Tohopekaliga Water Authority. 146
208	208		(l) The special district created a nd established by this 147
209	209		act shall not have or exercise any comprehensive planning, 148
210	210		zoning, or development permitting power; the establishment of 149
211	211		the special district shall not be considered a development order 150
212	212
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220	220		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
221	221
222	222		within the meaning of chapter 380, Florida Stat utes; and all 151
223	223		applicable planning and permitting laws, rules, regulations, and 152
224	224		policies of Osceola County control the development of the land 153
225	225		to be serviced by the special district. 154
226	226		(m) The creation by this act of the Waterlin Stewardship 155
227	227		District is not inconsistent with the Osceola County 156
228	228		comprehensive plan. 157
229	229		(n) It is the legislative intent and purpose that no debt 158
230	230		or obligation of the special district constitute a burden on any 159
231	231		local general-purpose government or the Tohopekaliga Water 160
232	232		Authority without its consent. 161
233	233		(2) DEFINITIONS. As used in this act: 162
234	234		(a) "Ad valorem bonds" means bonds that are payable from 163
235	235		the proceeds of ad valorem taxes levied on real and tangible 164
236	236		personal property and that are generally referred to as general 165
237	237		obligation bonds. 166
238	238		(b) "Assessable improvements" means, without limitation, 167
239	239		any and all public improvements and community facilities that 168
240	240		the district is empowered to provide in accordance with this act 169
241	241		that provide a special benefit to property within the district. 170
242	242		(c) "Assessment bonds" means special obligations of the 171
243	243		district which are payable solely from proceeds of the special 172
244	244		assessments or benefit special assessments levied for assessable 173
245	245		improvements, provided that, in lieu of issuing assessment bonds 174
246	246		to fund the costs of assessable improvements, the district may 175
247	247
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255	255		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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257	257		issue revenue bonds for such purposes payable from assessments. 176
258	258		(d) "Assessments" means those nonmillage district 177
259	259		assessments which include special assessments, benefit special 178
260	260		assessments, and maintenance special assessments and a 179
261	261		nonmillage, non-ad valorem maintenance tax if authorized by 180
262	262		general law. 181
263	263		(e) "Waterlin Stewardship District" means the unit of 182
264	264		special and limited purpose local government created and 183
265	265		chartered by this act, and limit ed to the performance of those 184
266	266		general and special powers authorized by its charter under this 185
267	267		act, the boundaries of which are set forth by the act, the 186
268	268		governing board of which is created and authorized to operate 187
269	269		with legal existence by this act, and th e purpose of which is as 188
270	270		set forth in this act. 189
271	271		(f) "Benefit special assessments" are district 190
272	272		assessments imposed, levied, and collected pursuant to the 191
273	273		provisions of section 6(12)(b). 192
274	274		(g) "Board of supervisors" or "board" means the governing 193
275	275		body of the district or, if such board has been abolished, the 194
276	276		board, body, or commission assuming the principal functions 195
277	277		thereof or to whom the powers given to the board by this act 196
278	278		have been given by law. 197
279	279		(h) "Bond" includes "certificate," and the provisio ns 198
280	280		that are applicable to bonds are equally applicable to 199
281	281		certificates. The term also includes any general obligation 200
282	282
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290	290		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
291	291
292	292		bond, assessment bond, refunding bond, revenue bond, bond 201
293	293		anticipation note, and other such obligation in the nature of a 202
294	294		bond as is provided for in this act. 203
295	295		(i) "Cost" or "costs," when used with reference to any 204
296	296		project, includes, but is not limited to: 205
297	297		1. The expenses of determining the feasibility or 206
298	298		practicability of acquisition, construction, or reconstruction. 207
299	299		2. The cost of surveys, estimates, plans, and 208
300	300		specifications. 209
301	301		3. The cost of improvements. 210
302	302		4. Engineering, architectural, fiscal, and legal expenses 211
303	303		and charges. 212
304	304		5. The cost of all labor, materials, machinery, and 213
305	305		equipment. 214
306	306		6. The cost of all lands, properti es, rights, easements, 215
307	307		and franchises acquired. 216
308	308		7. Financing charges. 217
309	309		8. The creation of initial reserve and debt service 218
310	310		funds. 219
311	311		9. Working capital. 220
312	312		10. Interest charges incurred or estimated to be incurred 221
313	313		on money borrowed prior to and during construction and 222
314	314		acquisition and for such reasonable period of time after 223
315	315		completion of construction or acquisition as the board may 224
316	316		determine. 225
317	317
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325	325		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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327	327		11. The cost of issuance of bonds pursuant to this act, 226
328	328		including advertisements and printing. 227
329	329		12. The cost of any bond or tax referendum held pursuant 228
330	330		to this act and all other expenses of issuance of bonds. 229
331	331		13. The discount, if any, on the sale or exchange of 230
332	332		bonds. 231
333	333		14. Administrative expenses. 232
334	334		15. Such other expenses as may be necessary or incidental 233
335	335		to the acquisition, construction, or reconstruction of any 234
336	336		project, or to the financing thereof, or to the development of 235
337	337		any lands within the district. 236
338	338		16. Payments, contributions, dedications, and any other 237
339	339		exactions required as a condi tion of receiving any governmental 238
340	340		approval or permit necessary to accomplish any district purpose. 239
341	341		17. Any other expense or payment permitted by this act or 240
342	342		allowable by law. 241
343	343		(j) "District" means the Waterlin Stewardship District. 242
344	344		(k) "District manager" means the manager of the district. 243
345	345		(l) "District roads" means highways, streets, roads, 244
346	346		alleys, intersection improvements, sidewalks, crossings, 245
347	347		landscaping, irrigation, signage, signalization, storm drains, 246
348	348		bridges, multi-use trails, lighting, and thoroughfares of all 247
349	349		kinds. 248
350	350		(m) "General obligation bonds" means bonds which are 249
351	351		secured by, or provide for their payment by, the pledge of the 250
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360	360		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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362	362		full faith and credit and taxing power of the district. 251
363	363		(n) "Governing board member" means any member of t he 252
364	364		board of supervisors. 253
365	365		(o) "Land development regulations" means those 254
366	366		regulations of general purpose local government, adopted under 255
367	367		the Florida Local Government Comprehensive Planning and Land 256
368	368		Development Regulation Act, codified as part II of chapte r 163, 257
369	369		Florida Statutes, to which the district is subject and as to 258
370	370		which the district may not do anything that is inconsistent 259
371	371		therewith. Land development regulations shall not mean specific 260
372	372		management, engineering, operations, or capital improvement 261
373	373		planning, needed in the daily management, implementation, and 262
374	374		supplying by the district of systems, facilities, services, 263
375	375		works, improvements, projects, or infrastructure, so long as 264
376	376		they remain subject to and are not inconsistent with the 265
377	377		applicable county co des. 266
378	378		(p) "Landowner" means the owner of a freehold estate as 267
379	379		it appears on the deed record, including a trustee, a private 268
380	380		corporation, and an owner of a condominium unit. "Landowner" 269
381	381		does not include a reversioner, remainder -man, mortgagee, or any 270
382	382		governmental entity which shall not be counted and need not be 271
383	383		notified of proceedings under this act. "Landowner" also means 272
384	384		the owner of a ground lease from a governmental entity, which 273
385	385		leasehold interest has a remaining term, excluding all renewal 274
386	386		options, in excess of 50 years. 275
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395	395		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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397	397		(q) "General-purpose local government" means a county, 276
398	398		municipality, or consolidated city -county government. 277
399	399		(r) "Maintenance special assessments" are assessments 278
400	400		imposed, levied, and collected pursuant to the provisions of 279
401	401		section 6(12)(d). 280
402	402		(s) "Non-ad valorem assessment" means only those 281
403	403		assessments which are not based upon millage and which can 282
404	404		become a lien against a homestead as permitted in s. 4, Art. X 283
405	405		of the State Constitution. 284
406	406		(t) "Powers" means powers used and ex ercised by the board 285
407	407		of supervisors to accomplish the special and limited purpose of 286
408	408		the district, including: 287
409	409		1. "General powers," which means those organizational and 288
410	410		administrative powers of the district as provided in its charter 289
411	411		in order to carry out its special and limited purpose as a local 290
412	412		government public corporate body politic. 291
413	413		2. "Special powers," which means those powers enumerated 292
414	414		by the district charter to implement its specialized systems, 293
415	415		facilities, services, projects, improvements, an d infrastructure 294
416	416		and related functions in order to carry out its special and 295
417	417		limited purposes. 296
418	418		3. Any other powers, authority, or functions set forth in 297
419	419		this act. 298
420	420		(u) "Project" means any development, improvement, 299
421	421		property, power, utility, facility, e nterprise, service, system, 300
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430	430		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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432	432		works, or infrastructure now existing or hereafter undertaken or 301
433	433		established under the provisions of this act. 302
434	434		(v) "Qualified elector" means any person at least 18 303
435	435		years of age who is a citizen of the United States and a legal 304
436	436		resident of the state and of the district and who registers to 305
437	437		vote with the Supervisor of Elections in Osceola County and 306
438	438		resides in Osceola County. 307
439	439		(w) "Reclaimed water" means water that has received at 308
440	440		least secondary treatment and basic disinfectio n and is reused 309
441	441		after flowing out of a domestic wastewater treatment facility. 310
442	442		(x) "Reclaimed water system" means any plant, system, 311
443	443		facility, or property, and any addition, extension, or 312
444	444		improvement thereto at any future time constructed or acquired 313
445	445		as part thereof, useful, necessary, or having the present 314
446	446		capacity for future use in connection with the development of 315
447	447		sources, treatment, purification, or distribution of reclaimed 316
448	448		water. The term includes franchises of any nature relating to 317
449	449		any such system and necessary or convenient for the operation 318
450	450		thereof. 319
451	451		(y) "Refunding bonds" means bonds issued to refinance 320
452	452		outstanding bonds of any type and the interest and redemption 321
453	453		premium thereon. Refunding bonds may be issuable and payable in 322
454	454		the same manner as refinanced bonds, except that no approval by 323
455	455		the electorate shall be required unless required by the State 324
456	456		Constitution. 325
457	457
458		-	~~CS/~~HB 4043 2025
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464	464		Page 14 of 118
465	465		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
466	466
467	467		(z) "Revenue bonds" means obligations of the district 326
468	468		that are payable from revenues, including, but not limited to, 327
469	469		special assessments and benefit special assessments, derived 328
470	470		from sources other than ad valorem taxes on real or tangible 329
471	471		personal property and that do not pledge the property, credit, 330
472	472		or general tax revenue of the district. 331
473	473		(aa) "Sewer system" means any plant, sys tem, facility, or 332
474	474		property, and additions, extensions, and improvements thereto at 333
475	475		any future time constructed or acquired as part thereof, useful 334
476	476		or necessary or having the present capacity for future use in 335
477	477		connection with the collection, treatment, puri fication, or 336
478	478		disposal of sewage, including, but not limited to, industrial 337
479	479		wastes resulting from any process of industry, manufacture, 338
480	480		trade, or business or from the development of any natural 339
481	481		resource. The term also includes treatment plants, pumping 340
482	482		stations, lift stations, valves, force mains, intercepting 341
483	483		sewers, laterals, pressure lines, mains, and all necessary 342
484	484		appurtenances and equipment; all sewer mains, laterals, and 343
485	485		other devices for the reception and collection of sewage from 344
486	486		premises connected t herewith; and all real and personal property 345
487	487		and any interest therein, and rights, easements, and franchises 346
488	488		of any nature relating to any such system and necessary or 347
489	489		convenient for operation thereof. 348
490	490		(bb) "Special assessments" means assessments as impo sed, 349
491	491		levied, and collected by the district for the costs of 350
492	492
493		-	~~CS/~~HB 4043 2025
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500	500		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
501	501
502	502		assessable improvements pursuant to the provisions of this act, 351
503	503		chapter 170, Florida Statutes, and the additional authority 352
504	504		under s. 197.3631, Florida Statutes, or other provisions of 353
505	505		general law, now or hereinafter enacted, which provide or 354
506	506		authorize a supplemental means to impose, levy, or collect 355
507	507		special assessments. 356
508	508		(cc) "Taxes" or "tax" means those levies and impositions 357
509	509		of the board of supervisors that support and pay for government 358
510	510		and the administration of law and that may be: 359
511	511		1. Ad valorem or property taxes based upon both the 360
512	512		appraised value of property and m illage, at a rate uniform 361
513	513		within the jurisdiction; or 362
514	514		2. If and when authorized by general law, non -ad valorem 363
515	515		maintenance taxes not based on millage that are used to maintain 364
516	516		district systems, facilities, and services. 365
517	517		(dd) "Water system" means any pl ant, system, facility, or 366
518	518		property, and any addition, extension, or improvement thereto at 367
519	519		any future time constructed or acquired as a part thereof, 368
520	520		useful, necessary, or having the present capacity for future use 369
521	521		in connection with the development of sou rces, treatment, 370
522	522		purification, or distribution of water. The term also includes 371
523	523		dams, reservoirs, storage tanks, mains, lines, valves, pumping 372
524	524		stations, laterals, and pipes for the purpose of carrying water 373
525	525		to the premises connected with such system, and a ll rights, 374
526	526		easements, and franchises of any nature relating to any such 375
527	527
528		-	~~CS/~~HB 4043 2025
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534	534		Page 16 of 118
535	535		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
536	536
537	537		system and necessary or convenient for the operation thereof. 376
538	538		(3) POLICY. Based upon its findings, ascertainments, 377
539	539		determinations, intent, purpose, and definitions, the 378
540	540		Legislature states its policy expressly: 379
541	541		(a) The district and the district charter, with its 380
542	542		general and special powers, as created in this act, are 381
543	543		essential and the best alternative for the residential, 382
544	544		commercial, office, hotel, industrial, and other community u ses, 383
545	545		projects, or functions in the included portion of Osceola County 384
546	546		consistent with the effective comprehensive plan, and designed 385
547	547		to serve a lawful public purpose. Additionally, the district and 386
548	548		the district charter are not in conflict with and shall no t be 387
549	549		interpreted in a manner that is inconsistent with the 388
550	550		Tohopekaliga Water Authority Act. 389
551	551		(b) The district, which is a local government and a 390
552	552		political subdivision, is limited to its special purpose as 391
553	553		expressed in this act, with the power to provide , plan, 392
554	554		implement, construct, maintain, and finance as a local 393
555	555		government management entity systems, facilities, services, 394
556	556		improvements, infrastructure, and projects, and possessing 395
557	557		financing powers to fund its management power over the long term 396
558	558		and with sustained levels of high quality. 397
559	559		(c) The creation of the Waterlin Stewardship District by 398
560	560		and pursuant to this act, and its exercise of its management and 399
561	561		related financing powers to implement its limited, single, and 400
562	562
563		-	~~CS/~~HB 4043 2025
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569	569		Page 17 of 118
570	570		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
571	571
572	572		special purpose, is not a developm ent order and does not trigger 401
573	573		or invoke any provision within the meaning of chapter 380, 402
574	574		Florida Statutes, and all applicable governmental planning, 403
575	575		environmental, and land development laws, regulations, rules, 404
576	576		policies, and ordinances apply to all develo pment of the land 405
577	577		within the jurisdiction of the district as created by this act. 406
578	578		(d) The district shall operate and function subject to, 407
579	579		and not inconsistent with, the applicable comprehensive plan of 408
580	580		Osceola County and any applicable development order s (e.g. 409
581	581		detailed specific area plan development orders), zoning 410
582	582		regulations, and other land development regulations. 411
583	583		(e) The special and single purpose Waterlin Stewardship 412
584	584		District shall not have the power of a general -purpose local 413
585	585		government to adopt a comprehensive plan or related land 414
586	586		development regulation as those terms are defined in the 415
587	587		Community Planning Act. 416
588	588		(f) This act may be amended, in whole or in part, only by 417
589	589		special act of the Legislature. The board of supervisors of the 418
590	590		district shall not ask the Legislature to amend this act without 419
591	591		first obtaining a resolution or official statement from Osceola 420
592	592		County as required by s. 189.031(2)(e)4., Florida Statutes, for 421
593	593		creation of an independent special district. The board shall not 422
594	594		ask the Legislature to amend this act related to the delivery of 423
595	595		potable and nonpotable water and wastewater services in Osceola 424
596	596		County without first obtaining a resolution approving such 425
597	597
598		-	~~CS/~~HB 4043 2025
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604	604		Page 18 of 118
605	605		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
606	606
607	607		amendment from the Tohopekaliga Water Authority or its 426
608	608		successors. 427
609	609		(g) Nothing in this act is intended to, or shall be 428
610	610		construed to, conflict with the Tohopekaliga Water Authority 429
611	611		Act. Nothing in this act is intended to, or shall be construed 430
612	612		to, limit the power of the Tohopekaliga Water Authority or its 431
613	613		successors. 432
614	614		Section 3. Minimum charter requirements; creation and 433
615	615		establishment; jurisdiction; construction; charter. 434
616	616		(1) Pursuant to s. 189.031(3), Florida Statutes, the 435
617	617		Legislature sets forth that the minimum requirements in 436
618	618		paragraphs (a) through (o) have been met in the identified 437
619	619		provisions of this act as follows: 438
620	620		(a) The purpose of the district is stated in the act in 439
621	621		subsection (4) and in sections 2 and 3. 440
622	622		(b) The powers, functions, and duties of the district 441
623	623		regarding ad valorem taxation, bond issuance, other revenue -442
624	624		raising capabilities, budget preparation and approval, liens and 443
625	625		foreclosure of liens, use of tax deeds and tax certificates as 444
626	626		appropriate for non-ad valorem assessments, and contractual 445
627	627		agreements are set forth in section 6. 446
628	628		(c) The provisions for methods for establishing the 447
629	629		district are in this section. 448
630	630		(d) The methods for amending the ch arter of the district 449
631	631		are set forth in section 2. 450
632	632
633		-	~~CS/~~HB 4043 2025
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635		-
636		-
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639	639		Page 19 of 118
640	640		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
641	641
642	642		(e) The provisions for the membership and organization of 451
643	643		the governing body and the establishment of a quorum are in 452
644	644		section 5. 453
645	645		(f) The provisions regarding maximum compensation of each 454
646	646		board member are in section 5. 455
647	647		(g) The provisions regarding the administrative duties of 456
648	648		the governing body are found in sections 5 and 6. 457
649	649		(h) The provisions applicable to financial disclosure, 458
650	650		noticing, and reporting requirements generally are set forth in 459
651	651		sections 5 and 6. 460
652	652		(i) The provisions regarding procedures and requirements 461
653	653		for issuing bonds are set forth in section 6. 462
654	654		(j) The provisions regarding elections or referenda and 463
655	655		the qualifications of an elector of the district are in sections 464
656	656		2 and 5. 465
657	657		(k) The provisions regarding methods for financing the 466
658	658		district are generally in section 6. 467
659	659		(l) Other than taxes levied for the payment of bonds and 468
660	660		taxes levied for periods not longer than 2 years when authorized 469
661	661		by vote of the electors of the district, the provisions for the 470
662	662		authority to levy ad valorem tax and the authorized millage rate 471
663	663		are in section 6. 472
664	664		(m) The provisions for the method or methods of 473
665	665		collecting non-ad valorem assessments, fees, or service charges 474
666	666		are in section 6. 475
667	667
668		-	~~CS/~~HB 4043 2025
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670		-
671		-
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674	674		Page 20 of 118
675	675		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
676	676
677	677		(n) The provisions for planning requirements are in this 476
678	678		section and section 6. 477
679	679		(o) The provisions for geographic boundary limitations of 478
680	680		the district are set forth in sections 4 and 6. 479
681	681		(2) The Waterlin Stewardship District is created and 480
682	682		incorporated as a pu blic body corporate and politic, an 481
683	683		independent special and limited purpose local government, an 482
684	684		independent special district, under s. 189.031, Florida 483
685	685		Statutes, as amended from time to time, and as defined in this 484
686	686		act and in s. 189.012(3), Florida Statut es, as amended from time 485
687	687		to time, in and for portions of Osceola County. Any amendments 486
688	688		to chapter 190, Florida Statutes, after January 1, 2025, 487
689	689		granting additional general powers, special powers, authorities, 488
690	690		or projects to a community development distric t by amendment to 489
691	691		its uniform charter, ss. 190.006 -190.041, Florida Statutes, 490
692	692		which are not inconsistent with the provisions of this act, 491
693	693		shall constitute a general power, special power, authority, or 492
694	694		function of the Waterlin Stewardship District. All noti ces for 493
695	695		the enactment by the Legislature of this special act have been 494
696	696		provided pursuant to the State Constitution, the Laws of 495
697	697		Florida, and the Rules of the Florida House of Representatives 496
698	698		and of the Florida Senate. No referendum subsequent to the 497
699	699		effective date of this act is required as a condition of 498
700	700		establishing the district. Therefore, the district, as created 499
701	701		by this act, is established on the property described in this 500
702	702
703		-	~~CS/~~HB 4043 2025
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705		-
706		-
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709	709		Page 21 of 118
710	710		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
711	711
712	712		act. 501
713	713		(3) The territorial boundary of the district shall 502
714	714		embrace and include al l of that certain real property described 503
715	715		in section 4. 504
716	716		(4) The jurisdiction of this district, in the exercise of 505
717	717		its general and special powers, and in the carrying out of its 506
718	718		special and limited purposes, is both within the external 507
719	719		boundaries of the legal description of this district and 508
720	720		extraterritorially when limited to, and as authorized expressly 509
721	721		elsewhere in, the charter of the district as created in this act 510
722	722		or applicable general law. This special and limited purpose 511
723	723		district is created as a pub lic body corporate and politic, and 512
724	724		local government authority and power is limited by its charter, 513
725	725		this act, and subject to the provisions of other general laws, 514
726	726		including chapter 189, Florida Statutes, except that an 515
727	727		inconsistent provision in this act sh all control and the 516
728	728		district has jurisdiction to perform such acts and exercise such 517
729	729		authorities, functions, and powers as shall be necessary, 518
730	730		convenient, incidental, proper, or reasonable for the 519
731	731		implementation of its special and limited purpose regarding the 520
732	732		sound planning, provision, acquisition, development, operation, 521
733	733		maintenance, and related financing of those public systems, 522
734	734		facilities, services, improvements, projects, and infrastructure 523
735	735		works as authorized herein, including those necessary and 524
736	736		incidental thereto. The district shall exercise any of its 525
737	737
738		-	~~CS/~~HB 4043 2025
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745	745		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
746	746
747	747		powers extraterritorially within Osceola County upon execution 526
748	748		of an interlocal agreement between the district and Osceola 527
749	749		County consenting to the district's exercise of any of such 528
750	750		powers within Osceola County or an applicable development order 529
751	751		issued by Osceola County. The district shall exercise its power 530
752	752		concerning the acquisition, development, operation, and 531
753	753		management of a water system, reclaimed water system, and sewer 532
754	754		system within the boundari es or the service area of the 533
755	755		Tohopekaliga Water Authority upon execution of and in a manner 534
756	756		consistent with an interlocal or similar agreement between the 535
757	757		district and the Tohopekaliga Water Authority or an investor 536
758	758		owned utility regulated by the Florida Public Service 537
759	759		Commission. 538
760	760		(5) The exclusive charter of the Waterlin Stewardship 539
761	761		District is this act and, except as otherwise provided in 540
762	762		subsection (2), may be amended only by special act of the 541
763	763		Legislature. 542
764	764		Section 4. Legal description of the Wat erlin Stewardship 543
765	765		District. The metes and bounds legal description of the 544
766	766		district, within which there are no parcels of property owned by 545
767	767		those who do not wish their property to be included within the 546
768	768		district, is as follows: 547
769	769		WATERLIN (Overall) 548
770	770		WEST SIDE: 549
771	771		DESCRIPTION: A parcel of land being a part of THE 550
772	772
773		-	~~CS/~~HB 4043 2025
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780	780		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
781	781
782	782		SEMINOLE LAND AND INVESTMENT COMPANY'S SUBDIVISION of 551
783	783		Section 33, Township 26 South, Range 30 East, 552
784	784		according to the plat thereof, recorded in Plat Book 553
785	785		B, Page 17, of the Public Records of Osceola County , 554
786	786		Florida; together with THE SEMINOLE LAND AND 555
787	787		INVESTMENT COMPANY'S SUBDIVISION of Section 9, 556
788	788		Township 27 South, Range 30 East, according to the 557
789	789		plat thereof, recorded in Plat Book B, Page 39, of the 558
790	790		Public Records of Osceola County, Florida; together 559
791	791		with part of THE SEMINOLE LAND AND INVESTMENT 560
792	792		COMPANY'S SUBDIVISION of Section 10, Township 27 561
793	793		South, Range 30 East, according to the plat thereof, 562
794	794		recorded in Plat Book B, Page 36, of the Public 563
795	795		Records of Osceola County, Florida; together with part 564
796	796		of THE SEMINOLE LAND AND INVESTMENT COMPANY'S 565
797	797		SUBDIVISION of Section 14, Township 27 South, Range 30 566
798	798		East, according to the plat thereof, recorded in Plat 567
799	799		Book B, Page 38, of the Public Records of Osceola 568
800	800		County, Florida; together with part of THE SEMINOLE 569
801	801		LAND AND INVESTMENT COMPANY'S SUBDIVISION of Section 570
802	802		15, Township 27 South, Range 30 East, according to the 571
803	803		plat thereof, recorded in Plat Book B, Page 42, of the 572
804	804		Public Records of Osceola County, Florida; together 573
805	805		with THE SEMINOLE LAND AND INVESTMENT COMPANY'S 574
806	806		SUBDIVISION of Section 16, Township 27 South, Range 30 575
807	807
808		-	~~CS/~~HB 4043 2025
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810		-
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815	815		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
816	816
817	817		East, according to the plat thereof, recorded in Plat 576
818	818		Book B, Page 43, of the Public Records of Osceola 577
819	819		County, Florida; together with THE SEMINOLE LAND AND 578
820	820		INVESTMENT COMPANY'S SUBDIVISION of Section 1 7, 579
821	821		Township 27 South, Range 30 East, according to the 580
822	822		plat thereof, recorded in Plat Book B, Page 44, of the 581
823	823		Public Records of Osceola County, Florida, and; 582
824	824		together with lands lying in Sections 33 and 34, 583
825	825		Township 26 South, Ragne 30 East, and Sections 3, 4, 584
826	826		5, 8 and 9, Township 27 South, Range 30 East, Osceola 585
827	827		County, Florida, and being more particularly described 586
828	828		as follows: 587
829	829		COMMENCE at the Northwest corner of said Section 3, 588
830	830		run thence along the West boundary of said Section 3, 589
831	831		S.00°03'04"W., a distance of 598.17 feet to a point on 590
832	832		the South boundary of that certain parcel of land 591
833	833		described in Official Records Book 1022, Page 2684, of 592
834	834		the Public Records of Osceola County, Florida, said 593
835	835		point also being the POINT OF BEGINNING; thence along 594
836	836		said South boundary of land described in Official 595
837	837		Records Book 1022, Page 2684, N.89°53'45"E., a 596
838	838		distance of 1320.60 feet to the Southeast corner 597
839	839		thereof, also being a point on the East boundary of 598
840	840		the Northwest 1/4 of the Northwest 1/4 of aforesaid 599
841	841		Section 3; thence alon g the East boundary of said land 600
842	842
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849	849		Page 25 of 118
850	850		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
851	851
852	852		described in Official Records Book 1022, Page 2684, 601
853	853		also being said East boundary of the Northwest 1/4 of 602
854	854		the Northwest 1/4 of Section 3, N.00°01'34"E., a 603
855	855		distance of 598.04 feet to the Northwest corner of the 604
856	856		Northeast 1/4 of said Northwest 1/4 of Section 3, 605
857	857		thence along the North boundary of said Northeast 1/4 606
858	858		of the Northwest 1/4 of Section 3, N.89°53'40"E., a 607
859	859		distance of 139.32 feet to a point on a curve on the 608
860	860		Southerly right of way line of FRIAR'S COVE ROAD, per 609
861	861		Florida State Turnpike Authority SUNSHINE STATE 610
862	862		PARKWAY (Project No. 2) Right of Way Map Section 10, 611
863	863		Station 3914+00 Station 4177+50.00 to Station 612
864	864		4283+36.17 and Right of Way Map , Osceola County, 613
865	865		Florida; thence along said Southerly right of way line 614
866	866		the following two (2) courses: 1) Easterly, 430.17 615
867	867		feet along the arc of a non -tangent curve to the left 616
868	868		having a radius of 1220.92 feet and a central angle of 617
869	869		20°11'13" (chord bearing S.80°00'44"E., 427.95 feet) 618
870	870		to a point of tangency; 2) N.89°53'40"E., a distance 619
871	871		of 133.39 feet to the Westerly limited access right of 620
872	872		way line of FLORIDA'S TURNPIKE, per said Florida State 621
873	873		Turnpike Authority, SUNSHINE STATE PARKWAY (Project 622
874	874		No. 2) Right of Way Map Section 10, Station 4177+50.00 623
875	875		to Station 4283+36.17 and Right of Way Map Section 10 624
876	876		Station 3914+00 to Station 4010+00, Osceola County, 625
877	877
878		-	~~CS/~~HB 4043 2025
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880		-
881		-
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884	884		Page 26 of 118
885	885		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
886	886
887	887		Florida; thence along said Westerly limited access 626
888	888		right of way line, the following three (3) course: 1) 627
889	889		S.07°25'17"E., a distance of 4885.86 feet to a point 628
890	890		of curvature; 2) Southerly, 114 5.53 feet along the arc 629
891	891		of a tangent curve to the left having a radius of 630
892	892		5929.58 feet and a central angle of 11°04'08" (chord 631
893	893		bearing S.12°57'21"E., 1143.75 feet) to a point of 632
894	894		tangency; 3) S.18°29'25"E., a distance of 10328.78 633
895	895		feet to a point on the Sout h boundary of aforesaid 634
896	896		Section 14; thence along said South boundary of 635
897	897		Section 14, S.89°59'16"W., a distance of 849.54 feet 636
898	898		to the Southwest corner thereof; thence along the 637
899	899		South boundary of the Southeast 1/4 of aforesaid 638
900	900		Section 15, S.89°52'01"W., a dis tance of 2599.36 feet 639
901	901		to the South 1/4 corner of said Section 15; thence 640
902	902		along the South boundary of the Southwest 1/4 of said 641
903	903		Section 15, S.89°51'47"W., a distance of 2600.37 feet 642
904	904		to the Southwest corner of said Section 15; thence 643
905	905		along the South boundary of the Southeast 1/4 of 644
906	906		aforesaid Section 16, S.89°40'18"W., a distance of 645
907	907		2607.41 feet to the South 1/4 corner of said Section 646
908	908		16; thence along the South boundary of the Southwest 647
909	909		1/4 of said Section 16, S.89°39'46"W., a distance of 648
910	910		2607.05 feet to the S outhwest corner of said Section 649
911	911		16; thence along the South boundary of the Southeast 650
912	912
913		-	~~CS/~~HB 4043 2025
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915		-
916		-
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919	919		Page 27 of 118
920	920		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
921	921
922	922		1/4 of aforesaid Section 17, N.89°49'09"W., a distance 651
923	923		of 2600.62 feet to the South 1/4 corner of said 652
924	924		Section 17; thence along the West boundary of the East 653
925	925		1/2 of said Section 17, N.00°31'25"W., a distance of 654
926	926		5299.06 feet to the North 1/4 corner of said Section 655
927	927		17; thence along the South boundary of the Southwest 656
928	928		1/4 of aforesaid Section 8, S.89°58'34"W., a distance 657
929	929		of 2601.44 feet to the Southwest corner of said 658
930	930		Section 8; thence along the West boundary of said 659
931	931		Section 8, N.02°20'38"W., a distance of 1019.52 feet 660
932	932		to the Ordinary High Water line of Lake Tohopekaliga; 661
933	933		thence Northeasterly along said Ordinary High Water 662
934	934		line of Lake Tohopekaliga the following seventy -two 663
935	935		(72) courses: 1) N.37°54'41"E., a distance of 81.76 664
936	936		feet; 2) N.37°04'33"E., a distance of 131.69 feet; 3) 665
937	937		N.39°26'27"E., a distance of 203.30 feet; 4) 666
938	938		N.34°22'02"E., a distance of 248.92 feet; 5) 667
939	939		N.38°34'19"E., a distance of 255.02 feet; 6) 668
940	940		N.34°58'38"E., a distance of 157.97 feet; 7) 669
941	941		N.32°39'38"E., a distance of 243.71 feet; 8) 670
942	942		N.33°50'07"E., a distance of 132.31 feet; 9) 671
943	943		N.37°31'13"E., a distance of 610.86 feet; 10) 672
944	944		N.26°36'10"E., a distance of 315.01 feet; 11) 673
945	945		N.25°43'26"E., a distance of 277.07 feet; 12) 674
946	946		N.41°49'15"E., a distance of 255.86 feet; 13) 675
947	947
948		-	~~CS/~~HB 4043 2025
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954	954		Page 28 of 118
955	955		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
956	956
957	957		N.35°12'03"E., a distance of 263.02 feet; 14) 676
958	958		N.26°15'05"E., a distance of 198.26 feet; 15) 677
959	959		N.32°25'48"E., a distance of 299.79 feet; 16) 678
960	960		N.33°14'27"E., a distance of 224.71 feet; 17) 679
961	961		N.29°39'52"E., a distance o f 215.77 feet; 18) 680
962	962		N.12°28'24"E., a distance of 210.93 feet; 19) 681
963	963		N.29°25'22"E., a distance of 339.17 feet; 20) 682
964	964		N.30°48'46"E., a distance of 374.15 feet; 21) 683
965	965		N.24°23'09"E., a distance of 317.92 feet; 22) 684
966	966		N.26°25'24"E., a distance of 243.41 feet; 23) 685
967	967		N.31°03'40"E., a distance of 219.41 feet; 24) 686
968	968		N.24°02'21"E., a distance of 231.64 feet; 25) 687
969	969		N.32°48'49"E., a distance of 336.29 feet; 26) 688
970	970		N.31°44'20"E., a distance of 395.85 feet; 27) 689
971	971		N.29°51'44"E., a distance of 301.96 feet; 28) 690
972	972		N.58°06'19"E., a distance of 197. 64 feet; 29) 691
973	973		N.38°22'12"E., a distance of 299.31 feet; 30) 692
974	974		N.29°50'50"E., a distance of 207.18 feet; 31) 693
975	975		N.33°22'53"E., a distance of 292.67 feet; 32) 694
976	976		N.36°07'47"E., a distance of 172.06 feet; 33) 695
977	977		N.41°18'59"E., a distance of 187.80 feet; 34) 696
978	978		N.40°28'50"E., a distance of 178.78 feet; 35) 697
979	979		N.40°30'39"E., a distance of 169.37 feet; 36) 698
980	980		N.39°19'04"E., a distance of 149.24 feet; 37) 699
981	981		N.27°15'25"E., a distance of 216.35 feet; 38) 700
982	982
983		-	~~CS/~~HB 4043 2025
984		-
985		-
986		-
987		-	CODING: Words stricken are deletions; words underlined are additions.
988		-	hb4043-~~01-c1~~
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989	989		Page 29 of 118
990	990		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
991	991
992	992		N.23°08'10"E., a distance of 170.61 feet; 39) 701
993	993		N.27°57'49"E., a distance of 176.45 fee t; 40) 702
994	994		N.37°44'39"E., a distance of 181.54 feet; 41) 703
995	995		N.36°28'02"E., a distance of 230.86 feet; 42) 704
996	996		N.36°31'29"E., a distance of 124.83 feet; 43) 705
997	997		N.31°04'09"E., a distance of 174.22 feet; 44) 706
998	998		N.72°24'30"E., a distance of 158.28 feet; 45) 707
999	999		N.46°34'47"E., a distance of 211.16 feet; 46) 708
1000	1000		N.60°24'05"E., a distance of 166.95 feet; 47) 709
1001	1001		N.38°46'17"E., a distance of 175.58 feet; 48) 710
1002	1002		N.47°53'42"E., a distance of 205.67 feet; 49) 711
1003	1003		N.64°19'16"E., a distance of 135.98 feet; 50) 712
1004	1004		N.57°41'44"E., a distance of 182.18 feet; 51) 713
1005	1005		S.87°39'54"E., a distance of 111.77 feet; 52) 714
1006	1006		S.44°06'37"W., a distance of 133.74 feet; 53) 715
1007	1007		S.32°04'08"E., a distance of 228.05 feet; 54) 716
1008	1008		S.00°57'13"E., a distance of 33.18 feet; 55) 717
1009	1009		S.23°29'48"W., a distance of 47.37 feet; 56) 718
1010	1010		S.43°50'35"E., a distance o f 93.44 feet; 57) 719
1011	1011		S.64°47'43"E., a distance of 183.02 feet; 58) 720
1012	1012		S.86°31'39"E., a distance of 88.54 feet; 59) 721
1013	1013		S.68°58'07"E., a distance of 147.89 feet; 60) 722
1014	1014		N.43°44'46"E., a distance of 128.68 feet; 61) 723
1015	1015		N.39°03'02"E., a distance of 133.28 feet; 62) 724
1016	1016		N.33°13'44"E., a distance of 191.62 feet; 63) 725
1017	1017
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1020		-
1021		-
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1024	1024		Page 30 of 118
1025	1025		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1026	1026
1027	1027		N.34°47'49"E., a distance of 186.47 feet; 64) 726
1028	1028		N.34°35'25"E., a distance of 144.16 feet; 65) 727
1029	1029		N.89°54'55"E., a distance of 73.66 feet; 66) 728
1030	1030		S.83°34'00"E., a distance of 123.39 feet; 67) 729
1031	1031		N.26°18'38"E., a distance of 246.40 feet; 68) 730
1032	1032		N.59°15'32"W., a distance of 117.78 feet; 69) 731
1033	1033		N.25°50'27"W., a distance of 73.80 feet; 70) 732
1034	1034		N.35°14'55"W., a distance of 108.23 feet; 71) 733
1035	1035		N.11°58'30"W., a distance of 127.77 feet; 72) 734
1036	1036		N.02°32'54"W., a distance of 111.01 feet to a point on 735
1037	1037		the South boundary of that certain land described in 736
1038	1038		Official Records Book 935, Page 2041, of the Public 737
1039	1039		Records of Osceola County, Florida; thence along said 738
1040	1040		South boundary of land described in Official Records 739
1041	1041		Book 935, Page 2041, N.89°44'06"E., a distance of 740
1042	1042		1720.24 feet to the Southwest corner of that certain 741
1043	1043		land described in Official Records Book 5053, Page 742
1044	1044		2286, of the Public Records of Osceola County, 743
1045	1045		Florida; thence along the West boundary of said land 744
1046	1046		described in Official Records Book 5053, Page 2286, 745
1047	1047		N.00°32'39"W., a distance of 914.34 feet to the 746
1048	1048		Northwest corner thereof, also being a point on the 747
1049	1049		South right of way line of aforesaid FRIAR'S COVE 748
1050	1050		ROAD, according to Deed Book 163, Page 407, of the 749
1051	1051		Public Records of Osceola County, Florida; thence 750
1052	1052
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1059	1059		Page 31 of 118
1060	1060		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1061	1061
1062	1062		along said South right of way line, N.89°44'47"E., a 751
1063	1063		distance of 562.19 feet; thence along aforesaid 752
1064	1064		Southerly right of way line of FRIAR'S COVE ROAD, per 753
1065	1065		Florida State Turnpike Authority SUNSHINE STATE 754
1066	1066		PARKWAY (Project No. 2) Right of Way Map Section 10, 755
1067	1067		Station 3914+00 Station 4177+50.00 to Station 756
1068	1068		4283+36.17 and Right of Way Map , Osceola County, 757
1069	1069		Florida, the following three (3) courses: 1) 758
1070	1070		S.00°07'30"E., a distance of 23.01 feet; 2) 759
1071	1071		N.89°52'30"E., a distance of 73.53 feet to a point of 760
1072	1072		curvature; 3) Easterly, 520.85 feet along the arc of a 761
1073	1073		tangent curve to the right having a radius of 1100.92 762
1074	1074		feet and a central angle of 27°06'25" (chord bearing 763
1075	1075		S.76°34'18"E., 516.01 feet) to the Northwest corner of 764
1076	1076		aforesaid land described in Official Records Book 765
1077	1077		1022, Page 2684; thence along the Westerly boundary of 766
1078	1078		said land described in Official Records Book 1022, 767
1079	1079		Page 2684, S.10°37'28"W., a distance of 1807.59 feet 768
1080	1080		to the Southwest corner thereof; thence along 769
1081	1081		aforesaid South Boundy of land described in Official 770
1082	1082		Records Book 1022, Page 2684, N.89°53'45"E., a 771
1083	1083		distance of 245.61 feet to the POINT OF BEGINNING. 772
1084	1084		773
1085	1085		Containing 4,132.763 acres, more or less. 774
1086	1086		775
1087	1087
1088		-	~~CS/~~HB 4043 2025
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1090		-
1091		-
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1094	1094		Page 32 of 118
1095	1095		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1096	1096
1097	1097		EAST SIDE: 776
1098	1098		777
1099	1099		DESCRIPTION: A parcel of land being a part of THE 778
1100	1100		SEMINOLE LAND AND INVESTMENT COMPANY'S SUBDIVISION of 779
1101	1101		Section 10, Township 27 South, Range 30 East, 780
1102	1102		according to the plat thereof, recorded in Plat Book 781
1103	1103		B, Page 36, of the Public Records of Osceola County, 782
1104	1104		Florida; together with part of THE SEMINOLE LAND AND 783
1105	1105		INVESTMENT COMPANY'S SUBDIVISION of Section 11, 784
1106	1106		Township 27 South, Range 30 East, according to the 785
1107	1107		plat thereof, recorded in Plat Book B, Page 40, of the 786
1108	1108		Public Records of Osceola County, Florida; together 787
1109	1109		with part of THE SEMINOLE LAND AND INVESTMENT 788
1110	1110		COMPANY'S SUBDIVISION of Section 12, Township 27 789
1111	1111		South, Range 30 East, according to the plat thereof, 790
1112	1112		recorded in Plat Book B, Page 37, of the Public 791
1113	1113		Records of Osceola County, Florida; together with part 792
1114	1114		of THE SEMINOLE LAND AND INVESTMENT COMPANY'S 793
1115	1115		SUBDIVISION of Section 13, Township 27 South, Range 30 794
1116	1116		East, according to the plat thereof, recorded in Plat 795
1117	1117		Book B, Page 41, of the Public Records of Osceola 796
1118	1118		County, Florida; together with part of THE SEMINOLE 797
1119	1119		LAND AND INVESTMENT COMPANY'S SUBDIVISION of Section 798
1120	1120		14, Township 27 South, Range 30 East, according to the 799
1121	1121		plat thereof, recorded in Plat Book B, Page 38, of the 800
1122	1122
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1125		-
1126		-
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1129	1129		Page 33 of 118
1130	1130		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1131	1131
1132	1132		Public Records of Osceola County, Florida; together 801
1133	1133		with THE SEMINOLE LAND AND INVESTMENT COMPANY'S 802
1134	1134		SUBDIVISION of Section 15, Township 27 South, Range 30 803
1135	1135		East, according to the plat thereof, recorded in Pla t 804
1136	1136		Book B, Page 42, of the Public Records of Osceola 805
1137	1137		County, Florida, and; together with lands lying in 806
1138	1138		Section 3, Township 27 South, Range 30 East, Osceola 807
1139	1139		County, Florida, and being more particularly described 808
1140	1140		as follows: 809
1141	1141		810
1142	1142		COMMENCE at the Northeast corner of said Section 3, 811
1143	1143		run thence along the East boundary of said Section 3, 812
1144	1144		following three (3) courses: 1) S.00°05'37"E., a 813
1145	1145		distance of 1319.57 feet to the Northeast corner of 814
1146	1146		the South 1/2 of the Northeast 1/4 of said Section 3, 815
1147	1147		also being the POINT OF BEGINNING; 2) continue 816
1148	1148		S.00°05'37"E., a distance of 1319.57 feet to the East 817
1149	1149		1/4 corner of said Section 3; 3) S.00°03'41"E., a 818
1150	1150		distance of 2642.93 feet to the Southeast corner of 819
1151	1151		said Section 3; thence along the East boundary of 820
1152	1152		aforesaid Section 10, S.00°10' 09"E., a distance of 821
1153	1153		1319.54 feet to the Northwest corner of the South 1/2 822
1154	1154		of the Northwest 1/4 of aforesaid Section 11; thence 823
1155	1155		along the North boundary of said South 1/2 of the 824
1156	1156		Northwest 1/4 of Section 11, also being along the 825
1157	1157
1158		-	~~CS/~~HB 4043 2025
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1160		-
1161		-
1162		-	CODING: Words stricken are deletions; words underlined are additions.
1163		-	hb4043-~~01-c1~~
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1164	1164		Page 34 of 118
1165	1165		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1166	1166
1167	1167		North boundary of Lots 37, 3 8, 39, and 40, of 826
1168	1168		aforesaid plat of THE SEMINOLE LAND AND INVESTMENT 827
1169	1169		COMPANY'S SUBDIVISION of Section 11, N.89°52'34"E., a 828
1170	1170		distance of 2643.88 feet to the Northwest corner of 829
1171	1171		the Southwest 1/4 of the Northeast 1/4 of said Section 830
1172	1172		11; thence along the North boundary of said Southwest 831
1173	1173		1/4 of the Northeast 1/4 of Section 11, also being 832
1174	1174		along the North boundary of Lots 35 and 36 of said 833
1175	1175		plat of THE SEMINOLE LAND AND INVESTMENT COMPANY'S 834
1176	1176		SUBDIVISION of Section 11, N.89°52'05"E., a distance 835
1177	1177		of 1320.73 feet to the Northeast corner of said 836
1178	1178		Southwest 1/4 of the Northeast 1/4 of Section 11; 837
1179	1179		thence along the East boundary of said Southwest 1/4 838
1180	1180		of the Northeast 1/4 of Section 11, S.00°16'48"E., a 839
1181	1181		distance of 658.56 feet to the Northwest corner of the 840
1182	1182		South 1/4 of the East 1/2 of said Northeast 1/4 of 841
1183	1183		Section 11; thence along the North boundary of said 842
1184	1184		South 1/4 of the East 1/2 of the Northeast 1/4 of 843
1185	1185		Section 11, also being along the North boundary of 844
1186	1186		Lots 49 and 50, of aforesaid plat of THE SEMINOLE LAND 845
1187	1187		AND INVESTMENT COMPANY'S SUBDIVISION of Section 11, 846
1188	1188		N.89°47'52"E., a distance of 1320.65 feet to the 847
1189	1189		Northeast corner of said South 1/4 of the East 1/2 of 848
1190	1190		the Northeast 1/4 of Section 11; thence along that 849
1191	1191		certain line being the Southerly boundary of those 850
1192	1192
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1199	1199		Page 35 of 118
1200	1200		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1201	1201
1202	1202		lands described in Official Records Book 2768, Page 851
1203	1203		2478, Official records Book 5828, Page 202, and 852
1204	1204		Official Records Book 6068, Page 2655, of the Public 853
1205	1205		Records of Osceola County, Florida, the following two 854
1206	1206		(2) courses: 1) N.48°58'36"E., a distance of 1169.50 855
1207	1207		feet; 2) N.41°18'36"E., a distance of 1527.29 feet to 856
1208	1208		a point on a curve on the West right of way line of 857
1209	1209		CANOE CREEK ROAD (County Road 523), per Florida 858
1210	1210		Department of Transportation Right of Way Map Section 859
1211	1211		9252-250; thence along said West right of way line of 860
1212	1212		CANOE CREEK ROAD (County Road 523), the following six 861
1213	1213		(6) courses: 1) Southerly, 20.79 feet along the arc of 862
1214	1214		a non-tangent curve to the left having a radius of 863
1215	1215		2914.79 feet and a central angle of 00°24'31" (chord 864
1216	1216		bearing S.14°09'18"E., 20.79 feet) to a point of 865
1217	1217		tangency; 2) S.14°21'33"E., a distance of 601.99 feet 866
1218	1218		to a point of curvature; 3) Southerly, 221.07 feet 867
1219	1219		along the arc of a tangent curve to the right having a 868
1220	1220		radius of 2814.79 feet and a central angle of 869
1221	1221		04°30'00" (chord bearing S.12°06'33"E., 221.02 fe et) 870
1222	1222		to a point of tangency; 4) S.09°51'33"E., a distance 871
1223	1223		of 3391.31 feet to a point of curvature; 5) Southerly, 872
1224	1224		256.63 feet along the arc of a tangent curve to the 873
1225	1225		right having a radius of 2814.79 feet and a central 874
1226	1226		angle of 05°13'26" (chord bearing S.07°1 4'50"E., 875
1227	1227
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1234	1234		Page 36 of 118
1235	1235		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1236	1236
1237	1237		256.54 feet) to a point of tangency; 6) S.04°38'08"E., 876
1238	1238		a distance of 135.59 feet to the Northeast corner of 877
1239	1239		that certain land described in Official Records Book 878
1240	1240		1847, Page 183, of the Public Records of Osceola 879
1241	1241		County, Florida; thence along the Nor th boundary of 880
1242	1242		said land described in Official Records Book 1847, 881
1243	1243		Page 183, S.89°54'20"W., a distance of 2017.91 feet to 882
1244	1244		the Northwest corner of said land described in 883
1245	1245		Official Records Book 1847, Page 183; thence along the 884
1246	1246		West boundary of said land descri bed in Official 885
1247	1247		Records Book 1847, Page 183, and the West boundary of 886
1248	1248		that certain land described in Official Records Book 887
1249	1249		2333, Page 2868, of the Public Records of Osceola 888
1250	1250		County, Florida, the following two (2) courses: 1) 889
1251	1251		S.00°19'07"E., a distance of 661 .37 feet to a point on 890
1252	1252		the North boundary of aforesaid Section 13; 2) 891
1253	1253		S.00°10'48"E., a distance of 330.78 feet to the 892
1254	1254		Northeast corner of that certain parcel of land 893
1255	1255		described in Official Records Book 1113, Page 945, of 894
1256	1256		the Public Records of Osceola County , Florida; thence 895
1257	1257		along the North boundary of said land described in 896
1258	1258		Official Records Book 1113, Page 945, and the Westerly 897
1259	1259		extension thereof, S.89°59'32"W., a distance of 683.25 898
1260	1260		feet to a point on the East boundary of aforesaid 899
1261	1261		Section 14; thence along sa id East boundary of Section 900
1262	1262
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1265		-
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1269	1269		Page 37 of 118
1270	1270		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1271	1271
1272	1272		14, S.00°05'35"E., a distance of 193.71 feet to a 901
1273	1273		point of intersection with said East boundary of 902
1274	1274		Section 14 and the North boundary of that certain land 903
1275	1275		described in Official Records Book 471, Page 774, of 904
1276	1276		the Public Records of Osceola County, Florida; thence 905
1277	1277		along said North boundary of land described in 906
1278	1278		Official Records Book 471, Page 774, and the Easterly 907
1279	1279		extension thereof, S.89°40'24"W., a distance of 908
1280	1280		1441.96 feet to the Northwest corner thereof; thence 909
1281	1281		along the West bounda ry of said land described in 910
1282	1282		Official Records Book 471, Page 774, S.00°11'28"E., a 911
1283	1283		distance of 1553.27 feet to the Southwest corner 912
1284	1284		thereof; thence along the South boundary of said land 913
1285	1285		described in Official Records Book 471, Page 774, the 914
1286	1286		following two (2) courses: 1) N.89°48'46"E., a 915
1287	1287		distance of 1438.09 feet; 2) N.89°56'39"E., a distance 916
1288	1288		of 170.05 feet to the Southeast corner of said land 917
1289	1289		described in Official Records Book 471, Page 774; 918
1290	1290		thence along the East boundary of said land described 919
1291	1291		in Official Records Book 471, Page 774, N.00°12'57"W., 920
1292	1292		a distance of 1419.44 feet to a point on the South 921
1293	1293		boundary of aforesaid land described in Official 922
1294	1294		Records Book 1113, Page 945; thence along said South 923
1295	1295		boundary of land described in Official Records Book 924
1296	1296		1113, Page 945, N.89°58'38"E., a distance of 517.95 925
1297	1297
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1305	1305		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1306	1306
1307	1307		feet to the Southeast corner thereof, also being a 926
1308	1308		point on aforesaid West boundary of land described in 927
1309	1309		Official Records Book 2333, Page 2868; thence along 928
1310	1310		said West boundary of land described in Official 929
1311	1311		Records Book 2333, Page 2868, S.00°10'50"E., a 930
1312	1312		distance of 329.61 feet to the Southeast corner 931
1313	1313		thereof; thence along the South boundary of said land 932
1314	1314		described in Official Records Book 2333, Page 2868, 933
1315	1315		N.89°51'28"E., a distance of 2118.05 feet to the 934
1316	1316		Southeast corner thereof, also being a point on 935
1317	1317		aforesaid West right of way line of CANOE CREEK ROAD 936
1318	1318		(County Road 523); thence along said West right of way 937
1319	1319		line of CANOE CREEK ROAD (County Road 523), 938
1320	1320		S.00°20'08"E., a distance of 3320.44 feet to the 939
1321	1321		Northeast corner of t hat certain land described in 940
1322	1322		Official Records Book 6146, Page 578, of the Public 941
1323	1323		Records of Osceola County, Florida; thence along the 942
1324	1324		North boundary of said land described in Official 943
1325	1325		Records Book 6146, Page 578, S.89°40'55"W., a distance 944
1326	1326		of 1398.36 feet to the Northwest corner thereof, also 945
1327	1327		being a point of non -tangent curvature; thence along 946
1328	1328		the Westerly boundary of said land described in 947
1329	1329		Official Records Book 6146, Page 578, the following 948
1330	1330		four (4) courses: 1) Southwesterly, 237.82 feet along 949
1331	1331		the arc of a non-tangent curve to the right having a 950
1332	1332
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1339	1339		Page 39 of 118
1340	1340		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1341	1341
1342	1342		radius of 806.00 feet and a central angle of 16°54'21" 951
1343	1343		(chord bearing S.44°12'45"W., 236.96 feet) to a point 952
1344	1344		of tangency; 2) S.52°39'55"W., a distance of 118.09 953
1345	1345		feet to a point of curvature; 3) Southwesterly, 642.2 0 954
1346	1346		feet along the arc of a tangent curve to the left 955
1347	1347		having a radius of 700.00 feet and a central angle of 956
1348	1348		52°33'53" (chord bearing S.26°22'59"W., 619.91 feet) 957
1349	1349		to a point tangency; 4) S.00°06'02"W., a distance of 958
1350	1350		175.03 feet to the Southwest corner of afore said land 959
1351	1351		described in Official Records Book 6146, Page 578, 960
1352	1352		also being a point on the South boundary of aforesaid 961
1353	1353		Section 13; thence along said South boundary of 962
1354	1354		Section 13, S.89°50'41"W., a distance of 878.22 feet 963
1355	1355		to the Southwest corner thereof; thence along the 964
1356	1356		South boundary of the Southeast 1/4 of aforesaid 965
1357	1357		Section 14, S.89°59'09"W., a distance of 2640.70 feet 966
1358	1358		to the South 1/4 corner of said Section 14; thence 967
1359	1359		along the South boundary of the Southwest 1/4 of said 968
1360	1360		Section 14, S.89°59'16"W., a distance of 1370.83 feet 969
1361	1361		to the Easterly limited access right of way line of 970
1362	1362		FLORIDA'S TURNPIKE, per said Florida State Turnpike 971
1363	1363		Authority, SUNSHINE STATE PARKWAY (Project No. 2) 972
1364	1364		Right of Way Map Section 10, Station 3914+00 to 973
1365	1365		Station 4010+00, Osceola County, Flori da; thence along 974
1366	1366		said Easterly limited access right of way line 975
1367	1367
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1374	1374		Page 40 of 118
1375	1375		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1376	1376
1377	1377		FLORIDA'S TURNPIKE, per Florida State Turnpike 976
1378	1378		Authority, SUNSHINE STATE PARKWAY (Project No. 2) 977
1379	1379		Right of Way Map Section 10, Station 4177+50.00 to 978
1380	1380		Station 4283+36.17 and Right of Way Map Sect ion 10, 979
1381	1381		Station 3914+00 to Station 4010+00, Osceola County, 980
1382	1382		Florida, the following three (3) courses: 1) 981
1383	1383		N.18°29'25"W., a distance of 10462.45 feet to a point 982
1384	1384		of curvature; 2) Northerly, 1068.25 feet along the arc 983
1385	1385		of a tangent curve to the right having a r adius of 984
1386	1386		5529.58 feet and a central angle of 11°04'08" (chord 985
1387	1387		bearing N.12°57'21"W., 1066.59 feet) to a point of 986
1388	1388		tangency; 3) N.07°25'17"W., a distance of 4819.38 feet 987
1389	1389		to the South right of way line of FRIAR'S COVE ROAD, 988
1390	1390		per aforesaid Florida State Turnpik e Authority, 989
1391	1391		SUNSHINE STATE PARKWAY (Project No. 2) Right of Way 990
1392	1392		Map Section 10, Station 4177+50.00 to Station 991
1393	1393		4283+36.17; thence along said South right of way line 992
1394	1394		of FRIAR'S COVE ROAD, N.89°53'40"E., a distance of 993
1395	1395		220.33 feet to the East boundary of the Northeast 1/4 994
1396	1396		of the Northwest 1/4 of aforesaid Section 3; thence 995
1397	1397		along said East boundary of the Northeast 1/4 of the 996
1398	1398		Northwest 1/4 of Section 3, S.00°05'21"E., a distance 997
1399	1399		of 1226.37 feet to the Southeast corner thereof; 998
1400	1400		thence along the North boundary of the South 1/2 of 999
1401	1401		the Northeast 1/4 of said Section 3, the following two 1000
1402	1402
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1409	1409		Page 41 of 118
1410	1410		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1411	1411
1412	1412		(2) courses: 1) N.89°58'59"E., a distance of 1320.30 1001
1413	1413		feet to the Southwest corner of the Northeast 1/4 of 1002
1414	1414		said Northeast 1/4 of Section 3; 2) N.89°56'40"E., a 1003
1415	1415		distance of 1321.15 feet to the POINT OF BEGINNING. 1004
1416	1416		Containing 1,843.473 acres, more or less; 1005
1417	1417		LESS AND EXCEPT: Green Island Ventures, LLC parcel, 1006
1418	1418		according to Official Records Book 3731, Page 1484, of 1007
1419	1419		the Public Records of Osceola County, Florida, and 1008
1420	1420		being more particularly desc ribed as follows: 1009
1421	1421		1010
1422	1422		DESCRIPTION: Lot 54, THE SEMINOLE LAND AND INVESTMENT 1011
1423	1423		COMPANY'S SUBDIVISION of Section 14, Township 27 1012
1424	1424		South, Range 30 East, according to the plat thereof, 1013
1425	1425		recorded in Plat Book B, Page 38, of the Public 1014
1426	1426		Records of Osceola County, Florid a. 1015
1427	1427		Containing 4.874 acres, more or less; 1016
1428	1428		LESS AND EXCEPT: Mary Beth Henthorne and Phillip John 1017
1429	1429		Sammons parcel, according to Official Records Book 1018
1430	1430		3918, Page 2357, of the Public Records of Osceola 1019
1431	1431		County, Florida, and being more particularly described 1020
1432	1432		as follows: 1021
1433	1433		DESCRIPTION: Lot 29, THE SEMINOLE LAND AND INVESTMENT 1022
1434	1434		COMPANY'S SUBDIVISION of Section 14, Township 27 1023
1435	1435		South, Range 30 East, according to the plat thereof, 1024
1436	1436		recorded in Plat Book B, Page 38, of the Public 1025
1437	1437
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1445	1445		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1446	1446
1447	1447		Records of Osceola County, Florida. 1026
1448	1448		Containing 4.880 acres, more or less; 1027
1449	1449		LESS AND EXCEPT: St. Cloud Welding & Fabrication, Inc. 1028
1450	1450		parcel, according to Official Records Book 6287, Page 1029
1451	1451		1570, of the Public Records of Osceola County, 1030
1452	1452		Florida, and being more particularly described as 1031
1453	1453		follows: 1032
1454	1454		PARCEL A: Lot 54, of The Seminole Land & Investment 1033
1455	1455		Company's Subdivision of Section 13, Township 27 1034
1456	1456		South, Range 30 East, according to the plat thereof, 1035
1457	1457		as recorded in Plat Book B, Page 41, of the Public 1036
1458	1458		Records of Osceola County, Florida; LESS AND EXCEPT 1037
1459	1459		the South 145 feet of the West 315 feet thereof. 1038
1460	1460		And 1039
1461	1461		PARCEL B: The South 145 feet of the West 315 feet of 1040
1462	1462		Lot 54, of The Seminole Land & Investment Company's 1041
1463	1463		Subdivision of Section 13, Township 27 South, Range 30 1042
1464	1464		East, according to the plat thereof, as reco rded in 1043
1465	1465		Plat Book B, Page 41, of the Public Records of Osceola 1044
1466	1466		County, Florida. 1045
1467	1467		and 1046
1468	1468		A parcel of land being a portion of Lot 59, Seminole 1047
1469	1469		Land and Investment Company's Subdivision of Section 1048
1470	1470		13, Township 27 South, Range 30 East, according to the 1049
1471	1471		plat thereof, as recorded in Plat Book "B", Page 41, 1050
1472	1472
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1479	1479		Page 43 of 118
1480	1480		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1481	1481
1482	1482		of the Public Records of Osceola County, Florida and 1051
1483	1483		being more particularly described as follows: 1052
1484	1484		Begin at the Northwest comer of said Lot 59; thence 1053
1485	1485		run North 89°53'37" East along the North line of said 1054
1486	1486		Lot 59, a distance of 302.85 feet; thence departing 1055
1487	1487		said North line of Lot 59, run South 00°06'23" East, a 1056
1488	1488		distance of 25.00 feet; thence run South 89°53'37" 1057
1489	1489		West, a distance of 302.80 feet to a point on the West 1058
1490	1490		line of said Lot 59; thence run North 00°12'27" Wes t 1059
1491	1491		along the West line of said Lot 59, a distance of 1060
1492	1492		25.00 feet to the Point of Beginning. 1061
1493	1493		Above Parcel A and Parcel B also being described as 1062
1494	1494		follows: 1063
1495	1495		DESCRIPTION: Part of THE SEMINOLE LAND AND INVESTMENT 1064
1496	1496		COMPANY'S SUBDIVISION of Section 13, Township 27 1065
1497	1497		South, Range 30 East, according to the plat thereof, 1066
1498	1498		recorded in Plat Book B, Page 41, of the Public 1067
1499	1499		Records of Osceola County, Florida, and being more 1068
1500	1500		particularly described as follows: 1069
1501	1501		COMMENCE at the West 1/4 corner of said Section 13, 1070
1502	1502		run thence along the South boundary of the Northwest 1071
1503	1503		1/4 of said Section 13, N.89°53'19"E., a distance of 1072
1504	1504		1362.24 feet to the Southwest corner of the West 1/2 1073
1505	1505		of said Northwest 1/4 of Section 13; thence along the 1074
1506	1506		West boundary of said West 1/2 of the Northwest 1/4 of 1075
1507	1507
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1515	1515		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1516	1516
1517	1517		Section 13, also being the centerline of a 35 -foot 1076
1518	1518		wide right of way, per said plat of THE SEMINOLE LAND 1077
1519	1519		AND INVESTMENT COMPANY'S SUBDIVISION of Section 13, 1078
1520	1520		N.00°28'15"W., a distance of 307.34 feet; thence 1079
1521	1521		N.89°55'45"E., a distance of 34.08 feet to the 1080
1522	1522		Southwest corner of lands described in Official 1081
1523	1523		Records Book 6287, Page 1570, of the Public Records of 1082
1524	1524		Osceola County, Florida, also being the POINT OF 1083
1525	1525		BEGINNING; thence along the West, North, and East 1084
1526	1526		boundary of said lands described in Official Records 1085
1527	1527		Book 6287, Page 1570, the following three (3) courses: 1086
1528	1528		1) N.00°10'19"W., a distance of 356.64 feet; 2) 1087
1529	1529		N.89°57'45"E., a distance of 671.32 feet; 3) 1088
1530	1530		S.00°10'10"E., a distance of 331.25 feet; thence along 1089
1531	1531		the South boundary of said Lands described in Official 1090
1532	1532		Records Book 6287, Page 1570, the following three (3) 1091
1533	1533		courses:1) S.89°55'45"W., a distance of 368.45 feet; 1092
1534	1534		2) S.00°04'15"E., a distance of 25.00 feet; 3) 1093
1535	1535		S.89°55'45"W., a distance of 302.81 feet to the POINT 1094
1536	1536		OF BEGINNING. 1095
1537	1537		Containing 5.282 acres, more or less; 1096
1538	1538		LESS AND EXCEPT: 1097
1539	1539		DESCRIPTION: The East 1/2 of a 35 -foot wide right of 1098
1540	1540		way, per THE SEMINOLE LAND AND INVESTMENT COMPANY'S 1099
1541	1541		SUBDIVISION of Section 14, Township 27 South, Range 30 1100
1542	1542
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1550	1550		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1551	1551
1552	1552		East, according to the plat thereof, recorded in Plat 1101
1553	1553		Book B, Page 38, of the Publi c Records of Osceola 1102
1554	1554		County, Florida, lying between Lots 54 and 55 of said 1103
1555	1555		plat. 1104
1556	1556		Containing 0.133 acres, more or less; 1105
1557	1557		LESS AND EXCEPT: 1106
1558	1558		DESCRIPTION: The East 1/2 of a 35 -foot wide right of 1107
1559	1559		way, per THE SEMINOLE LAND AND INVESTMENT COMPANY'S 1108
1560	1560		SUBDIVISION of Section 14, Township 27 South, Range 30 1109
1561	1561		East, according to the plat thereof, recorded in Plat 1110
1562	1562		Book B, Page 38, of the Public Records of Osceola 1111
1563	1563		County, Florida, lying between Lots 28 and 29 of said 1112
1564	1564		plat. 1113
1565	1565		Containing 0.133 acres, more or less; 1114
1566	1566		LESS AND EXCEPT: 1115
1567	1567		DESCRIPTION: Part of THE SEMINOLE LAND AND INVESTMENT 1116
1568	1568		COMPANY'S SUBDIVISION of Section 13, Township 27 1117
1569	1569		South, Range 30 East, according to the plat thereof, 1118
1570	1570		recorded in Plat Book B, Page 41, of the Public 1119
1571	1571		Records of Osceola County, Florida, and being mo re 1120
1572	1572		particularly described as follows: 1121
1573	1573		COMMENCE at the West 1/4 corner of said Section 13, 1122
1574	1574		run thence along the South boundary of the Northwest 1123
1575	1575		1/4 of said Section 13, N.89°53'19"E., a distance of 1124
1576	1576		1362.24 feet to the Southwest corner of the West 1/2 1125
1577	1577
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1585	1585		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1586	1586
1587	1587		of said Northwest 1/4 of Section 13; thence along the 1126
1588	1588		West boundary of said West 1/2 of the Northwest 1/4 of 1127
1589	1589		Section 13, also being the centerline of a 35 -foot 1128
1590	1590		wide right of way, per said plat of THE SEMINOLE LAND 1129
1591	1591		AND INVESTMENT COMPANY'S SUBDIVISION of Section 1 3, 1130
1592	1592		the following two (2) courses: 1) N.00°28'15"W., a 1131
1593	1593		distance of 307.34 feet to the POINT OF BEGINNING; 2) 1132
1594	1594		continue N.00°28'15"W., a distance of 353.88 feet; 1133
1595	1595		thence along the North boundary of Lot 54, and the 1134
1596	1596		Westerly extension thereof, N.89°55'05"E., a d istance 1135
1597	1597		of 35.92 feet to a point on the West boundary of lands 1136
1598	1598		described in Official Records Book 6287, Page 1570, of 1137
1599	1599		the Public Records of Osceola County, Florida; thence 1138
1600	1600		along said West boundary of Official Records Book 1139
1601	1601		6287, Page 1570, S.00°10'19"E., a distance of 353.88 1140
1602	1602		feet to the Southwest corner thereof; thence along the 1141
1603	1603		Westerly extension of the South boundary of said 1142
1604	1604		Official Records Book 6287, Page 1570, S.89°55'45"W., 1143
1605	1605		a distance of 34.08 feet to the POINT OF BEGINNING. 1144
1606	1606		Containing 0.284 acres, mor e or less. 1145
1607	1607		Containing a Net Acreage of 1,827.887 acres, more or 1146
1608	1608		less. East Side and West Side Combined Contains a Net 1147
1609	1609		Acreage of 5,960.650 acres, more or less. 1148
1610	1610		Being subject to any rights -of-way, restrictions and easements 1149
1611	1611		of record. 1150
1612	1612
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1619	1619		Page 47 of 118
1620	1620		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1621	1621
1622	1622		Section 5. Board of supervisors; members and meetings; 1151
1623	1623		organization; powers; duties; terms of office; related election 1152
1624	1624		requirements. 1153
1625	1625		(1) The board of the district shall exercise the powers 1154
1626	1626		granted to the district pursuant to this act. The board shall 1155
1627	1627		consist of five members, each of whom shall hold office for a 1156
1628	1628		term of 4 years, as provided in this section, except as 1157
1629	1629		otherwise provided herein for initial board members, and until a 1158
1630	1630		successor is chosen and qualified. The members of the board must 1159
1631	1631		be residents of the s tate and citizens of the United States. 1160
1632	1632		(2)(a) Within 90 days after the effective date of this 1161
1633	1633		act, there shall be held a meeting of the landowners of the 1162
1634	1634		district for the purpose of electing five supervisors for the 1163
1635	1635		district. Notice of the landowners' meeting shall be published 1164
1636	1636		once a week for 2 consecutive weeks in a newspaper that is in 1165
1637	1637		general circulation in the area of the district, the last day of 1166
1638	1638		such publication to be not fewer than 14 days or more than 28 1167
1639	1639		days before the date of the election. Th e landowners, when 1168
1640	1640		assembled at such meeting, shall organize by electing a chair, 1169
1641	1641		who shall conduct the meeting. The chair may be any person 1170
1642	1642		present at the meeting. If the chair is a landowner or proxy 1171
1643	1643		holder of a landowner, he or she may nominate candidat es and 1172
1644	1644		make and second motions. The landowners present at the meeting, 1173
1645	1645		in person or by proxy, shall constitute a quorum. At any 1174
1646	1646		landowners' meeting, 50 percent of the district acreage shall 1175
1647	1647
1648		-	~~CS/~~HB 4043 2025
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1654	1654		Page 48 of 118
1655	1655		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1656	1656
1657	1657		not be required to constitute a quorum, and each governing board 1176
1658	1658		member elected by landowners shall be elected by a majority of 1177
1659	1659		the acreage represented either by owner or proxy present and 1178
1660	1660		voting at said meeting. 1179
1661	1661		(b) At such meeting, each landowner shall be entitled to 1180
1662	1662		cast one vote per acre of land owned by him or he r and located 1181
1663	1663		within the district for each person to be elected. A landowner 1182
1664	1664		may vote in person or by proxy in writing. Each proxy must be 1183
1665	1665		signed by one of the legal owners of the property for which the 1184
1666	1666		vote is cast and must contain the typed or printed na me of the 1185
1667	1667		individual who signed the proxy; the street address, legal 1186
1668	1668		description of the property, or tax parcel identification 1187
1669	1669		number; and the number of authorized votes. If the proxy 1188
1670	1670		authorizes more than one vote, each property must be listed and 1189
1671	1671		the number of acres of each property must be included. The 1190
1672	1672		signature on a proxy need not be notarized. A fraction of an 1191
1673	1673		acre shall be treated as 1 acre, entitling the landowner to one 1192
1674	1674		vote with respect thereto. The three candidates receiving the 1193
1675	1675		highest number of votes shall each be elected for terms expiring 1194
1676	1676		November 28, 2028, and the two candidates receiving the next 1195
1677	1677		largest number of votes shall each be elected for terms expiring 1196
1678	1678		November 24, 2026, with the term of office for each successful 1197
1679	1679		candidate commencing upon election. The members of the first 1198
1680	1680		board elected by landowners shall serve their respective terms; 1199
1681	1681		however, the next election of board members shall be held on the 1200
1682	1682
1683		-	~~CS/~~HB 4043 2025
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1690	1690		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1691	1691
1692	1692		first Tuesday after the first Monday in November 2026. 1201
1693	1693		Thereafter, there shall be an e lection by landowners for the 1202
1694	1694		district every 2 years on the first Tuesday after the first 1203
1695	1695		Monday in November, which shall be noticed pursuant to paragraph 1204
1696	1696		(a). The second and subsequent landowners' election shall be 1205
1697	1697		announced at a public meeting of the boa rd at least 90 days 1206
1698	1698		before the date of the landowners' meeting and shall also be 1207
1699	1699		noticed pursuant to paragraph (a). Instructions on how all 1208
1700	1700		landowners may participate in the election, along with sample 1209
1701	1701		proxies, shall be provided during the board meeting th at 1210
1702	1702		announces the landowners' meeting. Each supervisor elected in or 1211
1703	1703		after November 2026 shall serve a 4 -year term. 1212
1704	1704		(3)(a)1. The board may not exercise the ad valorem taxing 1213
1705	1705		power authorized by this act until such time as all members of 1214
1706	1706		the board are qualified electors who are elected by qualified 1215
1707	1707		electors of the district. 1216
1708	1708		2.a. Regardless of whether the district has proposed to 1217
1709	1709		levy ad valorem taxes, board members shall begin being elected 1218
1710	1710		by qualified electors of the district as the district becomes 1219
1711	1711		populated with qualified electors. The transition shall occur 1220
1712	1712		such that the composition of the board, after the first general 1221
1713	1713		election following a trigger of the qualified elector population 1222
1714	1714		thresholds set forth below, shall be as follows: 1223
1715	1715		(I) Once 6,435 qualified electors reside within the 1224
1716	1716		district, one governing board member shall be a person who is a 1225
1717	1717
1718		-	~~CS/~~HB 4043 2025
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1725	1725		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1726	1726
1727	1727		qualified elector of the district and who was elected by the 1226
1728	1728		qualified electors, and four governing board members shall be 1227
1729	1729		persons who were elected by the landowners. 1228
1730	1730		(II) Once 12,870 qualified electors reside within the 1229
1731	1731		district, two governing board members shall be persons who are 1230
1732	1732		qualified electors of the district and who were elected by the 1231
1733	1733		qualified electors, and three governing board members shall be 1232
1734	1734		persons elected by the landowners. 1233
1735	1735		(III) Once 19,305 qualified electors reside within the 1234
1736	1736		district, three governing board members shall be persons who are 1235
1737	1737		qualified electors of the district and who were elected by the 1236
1738	1738		qualified electors and two governing board members shall be 1237
1739	1739		persons who were elected by the landowners. 1238
1740	1740		(IV) Once 25,740 qualified electors reside within the 1239
1741	1741		district, four governing board members shall be persons who are 1240
1742	1742		qualified electors of the district and who were elected by the 1241
1743	1743		qualified electors and one governing boa rd member shall be a 1242
1744	1744		person who was elected by the landowners. 1243
1745	1745		(V) Once 30,000 qualified electors reside within the 1244
1746	1746		district, all five governing board members shall be persons who 1245
1747	1747		are qualified electors of the district and who were elected by 1246
1748	1748		the qualified electors. In the event less than 45,000 qualified 1247
1749	1749		electors reside within the district, but the development of the 1248
1750	1750		district has completed the construction of 25,000 residential 1249
1751	1751		units or more, all five governing board members shall be persons 1250
1752	1752
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1760	1760		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1761	1761
1762	1762		who were elected by the qualified electors. 1251
1763	1763		Nothing in this sub-subparagraph is intended to require an 1252
1764	1764		election prior to the expiration of an existing board member's 1253
1765	1765		term. 1254
1766	1766		b. On or before June 1 of each election year, the board 1255
1767	1767		shall determine the number of quali fied electors in the district 1256
1768	1768		as of the immediately preceding April 15. The board shall use 1257
1769	1769		and rely upon the official records maintained by the supervisor 1258
1770	1770		of elections and property appraiser or tax collector in Osceola 1259
1771	1771		County in making this determination. Such determination shall be 1260
1772	1772		made at a properly noticed meeting of the board and shall become 1261
1773	1773		a part of the official minutes of the district. 1262
1774	1774		c. All governing board members elected by qualified 1263
1775	1775		electors shall be elected at large at an election occurring as 1264
1776	1776		provided in subsection (2) and this subsection. 1265
1777	1777		d. All governing board members elected by qualified 1266
1778	1778		electors shall reside in the district. 1267
1779	1779		e. Once the district qualifies to have any of its board 1268
1780	1780		members elected by the qualified electors of the dist rict, the 1269
1781	1781		initial and all subsequent elections by the qualified electors 1270
1782	1782		of the district shall be held at the general election in 1271
1783	1783		November. The board shall adopt a resolution, if necessary, to 1272
1784	1784		implement this requirement. The transition process described 1273
1785	1785		herein is intended to be in lieu of the process set forth in s. 1274
1786	1786		189.041, Florida Statutes. 1275
1787	1787
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1795	1795		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1796	1796
1797	1797		(b) Elections of board members by qualified electors held 1276
1798	1798		pursuant to this subsection shall be nonpartisan and shall be 1277
1799	1799		conducted in the manner prescribed by law fo r holding general 1278
1800	1800		elections. Board members shall assume the office on the second 1279
1801	1801		Tuesday following their election. 1280
1802	1802		(c) Candidates seeking election to office by qualified 1281
1803	1803		electors under this subsection shall conduct their campaigns in 1282
1804	1804		accordance with the provisions of chapter 106, Florida Statutes, 1283
1805	1805		and shall file qualifying papers and qualify for individual 1284
1806	1806		seats in accordance with s. 99.061, Florida Statutes. 1285
1807	1807		(d) The supervisor of elections shall appoint the 1286
1808	1808		inspectors and clerks of elections, prepare and furnish the 1287
1809	1809		ballots, designate polling places, and canvass the returns of 1288
1810	1810		the election of board members by qualified electors. The county 1289
1811	1811		canvassing board shall declare and certify the results of the 1290
1812	1812		election. 1291
1813	1813		(4) Members of the board, regardless of how elected, 1292
1814	1814		shall be public officers, shall be known as supervisors, and, 1293
1815	1815		upon entering into office, shall take and subscribe to the oath 1294
1816	1816		of office as prescribed by s. 876.05, Florida Statutes. Members 1295
1817	1817		of the board shall be subject to ethics and conflict of interest 1296
1818	1818		laws of the state that apply to all local public officers. They 1297
1819	1819		shall hold office for the terms for which they were elected or 1298
1820	1820		appointed and until their successors are chosen and qualified. 1299
1821	1821		If, during the term of office, a vacancy occurs, the remaining 1300
1822	1822
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1830	1830		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1831	1831
1832	1832		members of the board shall fill each vacancy by an appointment 1301
1833	1833		for the remainder of the unexpired term. 1302
1834	1834		(5) Any elected member of the board of supervisors may be 1303
1835	1835		removed by the Governor for malfeasance, misfeasance, 1304
1836	1836		dishonesty, incompetency, o r failure to perform the duties 1305
1837	1837		imposed upon him or her by this act, and any vacancies that may 1306
1838	1838		occur in such office for such reasons shall be filled by the 1307
1839	1839		Governor as soon as practicable. 1308
1840	1840		(6) A majority of the members of the board constitutes a 1309
1841	1841		quorum for the purposes of conducting its business and 1310
1842	1842		exercising its powers and for all other purposes. Action taken 1311
1843	1843		by the district shall be upon a vote of a majority of the 1312
1844	1844		members present unless general law or a rule of the district 1313
1845	1845		requires a greater number . 1314
1846	1846		(7) As soon as practicable after each election or 1315
1847	1847		appointment, the board shall organize by electing one of its 1316
1848	1848		members as chair and by electing a secretary, who need not be a 1317
1849	1849		member of the board, and such other officers as the board may 1318
1850	1850		deem necessary. 1319
1851	1851		(8) The board shall keep a permanent record book entitled 1320
1852	1852		"Record of Proceedings of Waterlin Stewardship District," in 1321
1853	1853		which shall be recorded minutes of all meetings, resolutions, 1322
1854	1854		proceedings, certificates, bonds given by all employees, and any 1323
1855	1855		and all corporate acts. The record book and all other district 1324
1856	1856		records shall at reasonable times be opened to inspection in the 1325
1857	1857
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1865	1865		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1866	1866
1867	1867		same manner as state, county, and municipal records pursuant to 1326
1868	1868		chapter 119, Florida Statutes. The record book shall be kept at 1327
1869	1869		the office or other regular place of business maintained by the 1328
1870	1870		board in a designated location in Osceola County. 1329
1871	1871		(9) Each supervisor shall not be entitled to receive 1330
1872	1872		compensation for his or her services; however, each supervisor 1331
1873	1873		shall receive travel and per diem expenses as set forth in s. 1332
1874	1874		112.061, Florida Statutes. 1333
1875	1875		(10) All meetings of the board shall be open to the 1334
1876	1876		public and governed by the provisions of chapter 286, Florida 1335
1877	1877		Statutes. 1336
1878	1878		Section 6. Board of supervisors; general duties. 1337
1879	1879		(1) DISTRICT MANAGER AND EMPLOYEES. The board shall 1338
1880	1880		employ and fix the compensation of a district manager, who shall 1339
1881	1881		have charge and supervision of the works of the district and 1340
1882	1882		shall be responsible for preserving and maintaining any 1341
1883	1883		improvement or facili ty constructed or erected pursuant to the 1342
1884	1884		provisions of this act, for maintaining and operating the 1343
1885	1885		equipment owned by the district, and for performing such other 1344
1886	1886		duties as may be prescribed by the board. It shall not be a 1345
1887	1887		conflict of interest under chapte r 112, Florida Statutes, for a 1346
1888	1888		board member or the district manager or another employee of the 1347
1889	1889		district to be a stockholder, officer, or employee of a 1348
1890	1890		landowner or of an entity affiliated with a landowner. The 1349
1891	1891		district manager may hire or otherwise employ and terminate the 1350
1892	1892
1893		-	~~CS/~~HB 4043 2025
1894		-
1895		-
1896		-
1897		-	CODING: Words stricken are deletions; words underlined are additions.
1898		-	hb4043-~~01-c1~~
	1893	+	HB 4043 2025
	1894	+
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	1898	+	hb4043-00
1899	1899		Page 55 of 118
1900	1900		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1901	1901
1902	1902		employment of such other persons, including, without limitation, 1351
1903	1903		professional, supervisory, and clerical employees, as may be 1352
1904	1904		necessary and authorized by the board. The compensation and 1353
1905	1905		other conditions of employment of the officers and e mployees of 1354
1906	1906		the district shall be as provided by the board. 1355
1907	1907		(2) TREASURER. The board shall designate a person who is 1356
1908	1908		a resident of the state as treasurer of the district, who shall 1357
1909	1909		have charge of the funds of the district. Such funds shall be 1358
1910	1910		disbursed only upon the order of or pursuant to a resolution of 1359
1911	1911		the board by warrant or check countersigned by the treasurer and 1360
1912	1912		by such other person as may be authorized by the board. The 1361
1913	1913		board may give the treasurer such other or additional powers and 1362
1914	1914		duties as the board may deem appropriate and may fix his or her 1363
1915	1915		compensation. The board may require the treasurer to give a bond 1364
1916	1916		in such amount, on such terms, and with such sureties as may be 1365
1917	1917		deemed satisfactory to the board to secure the performance by 1366
1918	1918		the treasurer of his or her powers and duties. The financial 1367
1919	1919		records of the board shall be audited by an independent 1368
1920	1920		certified public accountant at least once a year. 1369
1921	1921		(3) PUBLIC DEPOSITORY. The board is authorized to select 1370
1922	1922		as a depository for its funds any qualifie d public depository as 1371
1923	1923		defined in s. 280.02, Florida Statutes, which meets all the 1372
1924	1924		requirements of chapter 280, Florida Statutes, and has been 1373
1925	1925		designated by the treasurer as a qualified public depository 1374
1926	1926		upon such terms and conditions as to the payment of interest by 1375
1927	1927
1928		-	~~CS/~~HB 4043 2025
1929		-
1930		-
1931		-
1932		-	CODING: Words stricken are deletions; words underlined are additions.
1933		-	hb4043-~~01-c1~~
	1928	+	HB 4043 2025
	1929	+
	1930	+
	1931	+
	1932	+	CODING: Words stricken are deletions; words underlined are additions.
	1933	+	hb4043-00
1934	1934		Page 56 of 118
1935	1935		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1936	1936
1937	1937		such depository upon the funds so deposited as the board may 1376
1938	1938		deem just and reasonable. 1377
1939	1939		(4) BUDGET; REPORTS AND REVIEWS. 1378
1940	1940		(a) The district shall provide financial reports in such 1379
1941	1941		form and such manner as prescribed pursuant to this act and 1380
1942	1942		chapter 218, Florida Statutes, as amended from time to time. 1381
1943	1943		(b) On or before July 15 of each year, the district 1382
1944	1944		manager shall prepare a proposed budget for the ensuing fiscal 1383
1945	1945		year to be submitted to the board for board approval. The 1384
1946	1946		proposed budget shall include at the direction of the board an 1385
1947	1947		estimate of all necessary expenditures of the district for the 1386
1948	1948		ensuing fiscal year and an estimate of income to the district 1387
1949	1949		from the taxes and assessments provided in this act. The board 1388
1950	1950		shall consider the propose d budget item by item and may either 1389
1951	1951		approve the budget as proposed by the district manager or modify 1390
1952	1952		the same in part or in whole. The board shall indicate its 1391
1953	1953		approval of the budget by resolution, which resolution shall 1392
1954	1954		provide for a hearing on the budge t as approved. Notice of the 1393
1955	1955		hearing on the budget shall be published in a newspaper of 1394
1956	1956		general circulation in the area of the district once a week for 1395
1957	1957		two consecutive weeks, except that the first publication shall 1396
1958	1958		be no fewer than 15 days prior to the dat e of the hearing. The 1397
1959	1959		notice shall further contain a designation of the day, time, and 1398
1960	1960		place of the public hearing. At the time and place designated in 1399
1961	1961		the notice, the board shall hear all objections to the budget as 1400
1962	1962
1963		-	~~CS/~~HB 4043 2025
1964		-
1965		-
1966		-
1967		-	CODING: Words stricken are deletions; words underlined are additions.
1968		-	hb4043-~~01-c1~~
	1963	+	HB 4043 2025
	1964	+
	1965	+
	1966	+
	1967	+	CODING: Words stricken are deletions; words underlined are additions.
	1968	+	hb4043-00
1969	1969		Page 57 of 118
1970	1970		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1971	1971
1972	1972		proposed and may make such changes as t he board deems necessary. 1401
1973	1973		At the conclusion of the budget hearing, the board shall, by 1402
1974	1974		resolution, adopt the budget as finally approved by the board. 1403
1975	1975		The budget shall be adopted prior to October 1 of each year. 1404
1976	1976		(c) At least 60 days prior to adoption, th e board of 1405
1977	1977		supervisors of the district shall submit to the Board of County 1406
1978	1978		Commissioners of Osceola County, for purposes of disclosure and 1407
1979	1979		information only, the proposed annual budget for the ensuing 1408
1980	1980		fiscal year, and the board of county commissioners may s ubmit 1409
1981	1981		written comments to the board of supervisors solely for the 1410
1982	1982		assistance and information of the board of supervisors of the 1411
1983	1983		district in adopting its annual district budget. 1412
1984	1984		(d) The board of supervisors of the district shall submit 1413
1985	1985		annually a public facilities report to the Board of County 1414
1986	1986		Commissioners of Osceola County pursuant to Florida Statutes. 1415
1987	1987		The board of county commissioners may use and rely on the 1416
1988	1988		district's public facilities report in the preparation or 1417
1989	1989		revision of the Osceola County compre hensive plan. 1418
1990	1990		(5) DISCLOSURE OF PUBLIC INFORMATION; WEB -BASED PUBLIC 1419
1991	1991		ACCESS. The district shall take affirmative steps to provide for 1420
1992	1992		the full disclosure of information relating to the public 1421
1993	1993		financing and maintenance of improvements to real property 1422
1994	1994		undertaken by the district. Such information shall be made 1423
1995	1995		available to all existing residents and all prospective 1424
1996	1996		residents of the district. The district shall furnish each 1425
1997	1997
1998		-	~~CS/~~HB 4043 2025
1999		-
2000		-
2001		-
2002		-	CODING: Words stricken are deletions; words underlined are additions.
2003		-	hb4043-~~01-c1~~
	1998	+	HB 4043 2025
	1999	+
	2000	+
	2001	+
	2002	+	CODING: Words stricken are deletions; words underlined are additions.
	2003	+	hb4043-00
2004	2004		Page 58 of 118
2005	2005		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2006	2006
2007	2007		developer of a residential development within the district with 1426
2008	2008		sufficient copies of that information to provide each 1427
2009	2009		prospective initial purchaser of property in that development 1428
2010	2010		with a copy; and any developer of a residential development 1429
2011	2011		within the district, when required by law to provide a public 1430
2012	2012		offering statement, shall include a co py of such information 1431
2013	2013		relating to the public financing and maintenance of improvements 1432
2014	2014		in the public offering statement. The district shall file the 1433
2015	2015		disclosure documents required by this subsection and any 1434
2016	2016		amendments thereto in the property records of eac h county in 1435
2017	2017		which the district is located. By the end of the first full 1436
2018	2018		fiscal year of the district's creation, the district shall 1437
2019	2019		maintain an official Internet website in accordance with s. 1438
2020	2020		189.069, Florida Statutes. 1439
2021	2021		(6) GENERAL POWERS. The district sh all have, and the 1440
2022	2022		board may exercise, the following general powers: 1441
2023	2023		(a) To sue and be sued in the name of the district; to 1442
2024	2024		adopt and use a seal and authorize the use of a facsimile 1443
2025	2025		thereof; to acquire, by purchase, gift, devise, or otherwise, 1444
2026	2026		and to dispose of, real and personal property, or any estate 1445
2027	2027		therein; and to make and execute contracts and other instruments 1446
2028	2028		necessary or convenient to the exercise of its powers. 1447
2029	2029		(b) To apply for coverage of its employees under the 1448
2030	2030		Florida Retirement System in the same manner as if such 1449
2031	2031		employees were state employees. 1450
2032	2032
2033		-	~~CS/~~HB 4043 2025
2034		-
2035		-
2036		-
2037		-	CODING: Words stricken are deletions; words underlined are additions.
2038		-	hb4043-~~01-c1~~
	2033	+	HB 4043 2025
	2034	+
	2035	+
	2036	+
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	2038	+	hb4043-00
2039	2039		Page 59 of 118
2040	2040		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2041	2041
2042	2042		(c) To contract for the services of consultants to 1451
2043	2043		perform planning, engineering, legal, or other appropriate 1452
2044	2044		services of a professional nature. Such contracts shall be 1453
2045	2045		subject to public bidding or competitive negotiation 1454
2046	2046		requirements as set forth in general law applicable to 1455
2047	2047		independent special districts. 1456
2048	2048		(d) To borrow money and accept gifts; to apply for and 1457
2049	2049		use grants or loans of money or other property from the United 1458
2050	2050		States, the state, a u nit of local government, or any person for 1459
2051	2051		any district purposes and enter into agreements required in 1460
2052	2052		connection therewith; and to hold, use, and dispose 1461
2053	2053		of such moneys or property for any district purposes in 1462
2054	2054		accordance with the terms of the gift, grant, loan, or agreement 1463
2055	2055		relating thereto. 1464
2056	2056		(e) To adopt and enforce rules and orders pursuant to the 1465
2057	2057		provisions of chapter 120, Florida Statutes, prescribing the 1466
2058	2058		powers, duties, and functions of the officers of the district; 1467
2059	2059		the conduct of the business of th e district; the maintenance of 1468
2060	2060		records; and the form of certificates evidencing tax liens and 1469
2061	2061		all other documents and records of the district. The board may 1470
2062	2062		also adopt and enforce administrative rules with respect to any 1471
2063	2063		of the projects of the district and define the area to be 1472
2064	2064		included therein. The board may also adopt resolutions which may 1473
2065	2065		be necessary for the conduct of district business. 1474
2066	2066		(f) To maintain an office at such place or places as the 1475
2067	2067
2068		-	~~CS/~~HB 4043 2025
2069		-
2070		-
2071		-
2072		-	CODING: Words stricken are deletions; words underlined are additions.
2073		-	hb4043-~~01-c1~~
	2068	+	HB 4043 2025
	2069	+
	2070	+
	2071	+
	2072	+	CODING: Words stricken are deletions; words underlined are additions.
	2073	+	hb4043-00
2074	2074		Page 60 of 118
2075	2075		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2076	2076
2077	2077		board of supervisors designates in Osceola County, and wi thin 1476
2078	2078		the district when facilities are available. 1477
2079	2079		(g) To hold, control, and acquire by donation, purchase, 1478
2080	2080		or condemnation, or dispose of, any public easements, 1479
2081	2081		dedications to public use, platted reservations for public 1480
2082	2082		purposes, or any reservations for those purposes authorized by 1481
2083	2083		this act and to make use of such easements, dedications, or 1482
2084	2084		reservations for the purposes authorized by this act. 1483
2085	2085		(h) To lease as lessor or lessee to or from any person, 1484
2086	2086		firm, corporation, association, or body, public or pri vate, any 1485
2087	2087		projects of the type that the district is authorized to 1486
2088	2088		undertake and facilities or property of any nature for the use 1487
2089	2089		of the district to carry out the purposes authorized by this 1488
2090	2090		act. 1489
2091	2091		(i) To borrow money and issue bonds, certificates, 1490
2092	2092		warrants, notes, or other evidence of indebtedness as provided 1491
2093	2093		herein; to levy such taxes and assessments as may be authorized; 1492
2094	2094		and to charge, collect, and enforce fees and other user charges. 1493
2095	2095		(j) To raise, by user charges or fees authorized by 1494
2096	2096		resolution of the board, amounts of money which are necessary 1495
2097	2097		for the conduct of district activities and services and to 1496
2098	2098		enforce their receipt and collection in the manner prescribed by 1497
2099	2099		resolution not inconsistent with law. 1498
2100	2100		(k) To exercise all powers of eminent domain now or 1499
2101	2101		hereafter conferred on counties in this state provided, however, 1500
2102	2102
2103		-	~~CS/~~HB 4043 2025
2104		-
2105		-
2106		-
2107		-	CODING: Words stricken are deletions; words underlined are additions.
2108		-	hb4043-~~01-c1~~
	2103	+	HB 4043 2025
	2104	+
	2105	+
	2106	+
	2107	+	CODING: Words stricken are deletions; words underlined are additions.
	2108	+	hb4043-00
2109	2109		Page 61 of 118
2110	2110		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2111	2111
2112	2112		that such power of eminent domain may not be exercised outside 1501
2113	2113		the territorial limits of the district unless the district 1502
2114	2114		receives prior approval by vote of a resolution of the govern ing 1503
2115	2115		body of the county if the taking will occur in an unincorporated 1504
2116	2116		area in that county, or the governing body of the city if the 1505
2117	2117		taking will occur in an incorporated area. The district shall 1506
2118	2118		not have the power to exercise eminent domain over municipal, 1507
2119	2119		county, state, or federal property. The powers hereinabove 1508
2120	2120		granted to the district shall be so construed to enable the 1509
2121	2121		district to fulfill the objects and purposes of the district as 1510
2122	2122		set forth in this act. 1511
2123	2123		(l) To cooperate with, or contract with, other 1512
2124	2124		governmental agencies as may be necessary, convenient, 1513
2125	2125		incidental, or proper in connection with any of the powers, 1514
2126	2126		duties, or purposes authorized by this act. 1515
2127	2127		(m) To assess and to impose upon lands in the district ad 1516
2128	2128		valorem taxes as provided by this act. 1517
2129	2129		(n) If and when authorized by general law, to determine, 1518
2130	2130		order, levy, impose, collect, and enforce maintenance taxes. 1519
2131	2131		(o) To determine, order, levy, impose, collect, and 1520
2132	2132		enforce assessments pursuant to this act and chapter 170, 1521
2133	2133		Florida Statutes, as amended from time to time, pursuant to 1522
2134	2134		authority granted in s. 197.3631, Florida Statutes, or pursuant 1523
2135	2135		to other provisions o f general law now or hereinafter enacted 1524
2136	2136		which provide or authorize a supplemental means to order, levy, 1525
2137	2137
2138		-	~~CS/~~HB 4043 2025
2139		-
2140		-
2141		-
2142		-	CODING: Words stricken are deletions; words underlined are additions.
2143		-	hb4043-~~01-c1~~
	2138	+	HB 4043 2025
	2139	+
	2140	+
	2141	+
	2142	+	CODING: Words stricken are deletions; words underlined are additions.
	2143	+	hb4043-00
2144	2144		Page 62 of 118
2145	2145		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2146	2146
2147	2147		impose, or collect special assessments. Such special 1526
2148	2148		assessments, in the discretion of the district, may be collected 1527
2149	2149		and enforced pursuant to the prov isions of ss. 197.3632 and 1528
2150	2150		197.3635, Florida Statutes, and chapters 170 and 173, Florida 1529
2151	2151		Statutes, as they may be amended from time to time, or as 1530
2152	2152		provided by this act, or by other means authorized by general 1531
2153	2153		law now or hereinafter enacted. The district ma y levy such 1532
2154	2154		special assessments for the purposes enumerated in this act and 1533
2155	2155		to pay special assessments imposed by Osceola County on lands 1534
2156	2156		within the district. 1535
2157	2157		(p) To exercise such special powers and other express 1536
2158	2158		powers as may be authorized and granted by this act in the 1537
2159	2159		charter of the district, including powers as provided in any 1538
2160	2160		interlocal agreement entered into pursuant to chapter 163, 1539
2161	2161		Florida Statutes, or which shall be required or permitted to be 1540
2162	2162		undertaken by the district pursuant to any developmen t order, 1541
2163	2163		including any detailed specific area plan development order, or 1542
2164	2164		any interlocal service agreement with Osceola County for fair -1543
2165	2165		share capital construction funding for any certain capital 1544
2166	2166		facilities or systems required of a developer pursuant to any 1545
2167	2167		applicable development order or agreement. 1546
2168	2168		(q) To exercise all of the powers necessary, convenient, 1547
2169	2169		incidental, or proper in connection with any other powers or 1548
2170	2170		duties or the special and limited purpose of the district 1549
2171	2171		authorized by this act. 1550
2172	2172
2173		-	~~CS/~~HB 4043 2025
2174		-
2175		-
2176		-
2177		-	CODING: Words stricken are deletions; words underlined are additions.
2178		-	hb4043-~~01-c1~~
	2173	+	HB 4043 2025
	2174	+
	2175	+
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	2177	+	CODING: Words stricken are deletions; words underlined are additions.
	2178	+	hb4043-00
2179	2179		Page 63 of 118
2180	2180		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2181	2181
2182	2182		The provisions of this subsection shall be construed liberally 1551
2183	2183		in order to carry out effectively the special and limited 1552
2184	2184		purpose of this act. 1553
2185	2185		(7) SPECIAL POWERS. The district shall have, and the 1554
2186	2186		board may exercise, the following special powers to implem ent 1555
2187	2187		its lawful and special purpose and to provide, pursuant to that 1556
2188	2188		purpose, systems, facilities, services, improvements, projects, 1557
2189	2189		works, and infrastructure, each of which constitutes a lawful 1558
2190	2190		public purpose when exercised pursuant to this charter, subjec t 1559
2191	2191		to, and not inconsistent with, general law regarding utility 1560
2192	2192		providers' territorial and service agreements, the regulatory 1561
2193	2193		jurisdiction and permitting authority of all other applicable 1562
2194	2194		governmental bodies, agencies, and any special districts having 1563
2195	2195		authority with respect to any area included therein, and to 1564
2196	2196		plan, establish, acquire, construct or reconstruct, enlarge or 1565
2197	2197		extend, equip, operate, finance, fund, and maintain 1566
2198	2198		improvements, systems, facilities, services, works, projects, 1567
2199	2199		and infrastructure. Any or all of the following special powers 1568
2200	2200		are granted by this act in order to implement the special and 1569
2201	2201		limited purpose of the district: 1570
2202	2202		(a) To provide water management and control for the lands 1571
2203	2203		within the district and to connect some or any of such 1572
2204	2204		facilities with roads and bridges. In the event that the board 1573
2205	2205		assumes the responsibility for providing water management and 1574
2206	2206		control for the district which is to be financed by benefit 1575
2207	2207
2208		-	~~CS/~~HB 4043 2025
2209		-
2210		-
2211		-
2212		-	CODING: Words stricken are deletions; words underlined are additions.
2213		-	hb4043-~~01-c1~~
	2208	+	HB 4043 2025
	2209	+
	2210	+
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	2212	+	CODING: Words stricken are deletions; words underlined are additions.
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2214	2214		Page 64 of 118
2215	2215		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2216	2216
2217	2217		special assessments, the board shall adopt plans and assessments 1576
2218	2218		pursuant to law or may proceed to adopt water management and 1577
2219	2219		control plans, assess for benefits, and apportion and levy 1578
2220	2220		special assessments, as follows: 1579
2221	2221		1. The board shall cause to be made by the district's 1580
2222	2222		engineer, or such other engineer or engineers as the board may 1581
2223	2223		employ for that purpose, complete and comprehensive water 1582
2224	2224		management and control plans for the lands located within the 1583
2225	2225		district that will be improved in any part or in whole by any 1584
2226	2226		system of facilities that may be outlined and adopted, and the 1585
2227	2227		engineer shall make a report in writing to the board with maps 1586
2228	2228		and profiles of said surveys and an estimate of the cost of 1587
2229	2229		carrying out and completing the plans. 1588
2230	2230		2. Upon the completion of such plans, the board shall 1589
2231	2231		hold a hearing thereon to hear objections t hereto, shall give 1590
2232	2232		notice of the time and place fixed for such hearing by 1591
2233	2233		publication once each week for 2 consecutive weeks in a 1592
2234	2234		newspaper of general circulation in the general area of the 1593
2235	2235		district, and shall permit the inspection of the plan at the 1594
2236	2236		office of the district by all persons interested. All objections 1595
2237	2237		to the plan shall be filed at or before the time fixed in the 1596
2238	2238		notice for the hearing and shall be in writing. 1597
2239	2239		3. After the hearing, the board shall consider the 1598
2240	2240		proposed plan and any objections thereto and may modify, reject, 1599
2241	2241		or adopt the plan or continue the hearing until a day certain 1600
2242	2242
2243		-	~~CS/~~HB 4043 2025
2244		-
2245		-
2246		-
2247		-	CODING: Words stricken are deletions; words underlined are additions.
2248		-	hb4043-~~01-c1~~
	2243	+	HB 4043 2025
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2250	2250		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2251	2251
2252	2252		for further consideration of the proposed plan or modifications 1601
2253	2253		thereof. 1602
2254	2254		4. When the board approves a plan, a resolution shall be 1603
2255	2255		adopted and a certified copy thereof shall be filed in the 1604
2256	2256		office of the secretary and incorporated by him or her into the 1605
2257	2257		records of the district. 1606
2258	2258		5. The water management and control plan may be altered 1607
2259	2259		in detail from time to time until the engineer's report pursuant 1608
2260	2260		to s. 298.301, Florida Statutes, is filed but not in such manner 1609
2261	2261		as to affect materially the conditions of its adoption. After 1610
2262	2262		the engineer's report has been filed, no alteration of the plan 1611
2263	2263		shall be made, except as provided by this act. 1612
2264	2264		6. Within 20 days after the final adoption of the plan by 1613
2265	2265		the board, the board shall proceed pursuant to s. 298.301, 1614
2266	2266		Florida Statutes. 1615
2267	2267		(b) To provide water supply, sewer, wastewater, and 1616
2268	2268		reclaimed water management, reclamation, and reuse, or any 1617
2269	2269		combination thereof, and any irriga tion systems, facilities, and 1618
2270	2270		services and to construct and operate water systems, sewer 1619
2271	2271		systems, and reclaimed water systems such as connecting 1620
2272	2272		intercepting or outlet sewers and sewer mains and pipes and 1621
2273	2273		water mains, conduits, or pipelines in, along, and under any 1622
2274	2274		street, alley, highway, or other public place or ways, and to 1623
2275	2275		dispose of any effluent, residue, or other byproducts of such 1624
2276	2276		water system, sewer system, or reclaimed water system and to 1625
2277	2277
2278		-	~~CS/~~HB 4043 2025
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2285	2285		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2286	2286
2287	2287		enter into interlocal agreements and other agreements with 1626
2288	2288		public or private entities for the same. However, such authority 1627
2289	2289		shall be subordinate and subject to the existing powers of the 1628
2290	2290		Tohopekaliga Water Authority to provide water supply, sewer, 1629
2291	2291		wastewater, and reclaimed water service within the Tohopekaliga 1630
2292	2292		Water Authority's service area. 1631
2293	2293		(c) To provide bridges, culverts, wildlife corridors, or 1632
2294	2294		road crossings that may be needed across any drain, ditch, 1633
2295	2295		canal, floodway, holding basin, excavation, public highway, 1634
2296	2296		tract, grade, fill, or cut and roadways over levee s and 1635
2297	2297		embankments, and to construct any and all of such works and 1636
2298	2298		improvements across, through, or over any public right -of way, 1637
2299	2299		highway, grade, fill, or cut. 1638
2300	2300		(d) To provide district roads equal to or exceeding the 1639
2301	2301		specifications of the county in which such district roads are 1640
2302	2302		located, and to provide street lights. This special power 1641
2303	2303		includes, but is not limited to, roads, parkways, intersections, 1642
2304	2304		bridges, landscaping, hardscaping, irrigation, bicycle lanes, 1643
2305	2305		sidewalks, jogging paths, multiuse pathways and trails, street 1644
2306	2306		lighting, traffic signals, regulatory or informational signage, 1645
2307	2307		road striping, underground conduit, underground cable or fiber 1646
2308	2308		or wire installed pursuant to an agreement with or tariff of a 1647
2309	2309		retail provider of services, and all other customa ry elements of 1648
2310	2310		a functioning modern road system in general or as tied to the 1649
2311	2311		conditions of development approval for the area within the 1650
2312	2312
2313		-	~~CS/~~HB 4043 2025
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2320	2320		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2321	2321
2322	2322		district, and parking facilities that are freestanding or that 1651
2323	2323		may be related to any innovative strategic intermodal sys tem of 1652
2324	2324		transportation pursuant to applicable federal, state, and local 1653
2325	2325		law and ordinance. 1654
2326	2326		(e) To provide buses, trolleys, rail access, mass transit 1655
2327	2327		facilities, transit shelters, ridesharing facilities and 1656
2328	2328		services, parking improvements, and related sign age. 1657
2329	2329		(f) To provide investigation and remediation costs 1658
2330	2330		associated with the cleanup of actual or perceived environmental 1659
2331	2331		contamination within the district under the supervision or 1660
2332	2332		direction of a competent governmental authority unless the 1661
2333	2333		covered costs benefit any person who is a landowner within the 1662
2334	2334		district and who caused or contributed to the contamination. 1663
2335	2335		(g) To provide observation areas, mitigation areas, 1664
2336	2336		wetland creation areas, and wildlife habitat, including the 1665
2337	2337		maintenance of any plant or ani mal species, and any related 1666
2338	2338		interest in real or personal property. 1667
2339	2339		(h) Using its general and special powers as set forth in 1668
2340	2340		this act, to provide any other project within or without the 1669
2341	2341		boundaries of the district when the project is the subject of an 1670
2342	2342		agreement between the district and the Board of County 1671
2343	2343		Commissioners of Osceola County or with any other applicable 1672
2344	2344		public or private entity, and is not inconsistent with the 1673
2345	2345		effective local comprehensive plans. 1674
2346	2346		(i) To provide parks and facilities for ind oor and 1675
2347	2347
2348		-	~~CS/~~HB 4043 2025
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2355	2355		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2356	2356
2357	2357		outdoor recreational, cultural, and educational uses. 1676
2358	2358		(j) To provide school buildings and related structures, 1677
2359	2359		which may be leased, sold, or donated to the school district, 1678
2360	2360		for use in the educational system when authorized by the 1679
2361	2361		district school board. 1680
2362	2362		(k) To provide security, including electronic intrusion -1681
2363	2363		detection systems and patrol cars, when authorized by proper 1682
2364	2364		governmental agencies, and may contract with the appropriate 1683
2365	2365		local general-purpose government agencies for an increased level 1684
2366	2366		of such services within the district boundaries. 1685
2367	2367		(l) To provide control and elimination of mosquitoes and 1686
2368	2368		other arthropods of public health importance. 1687
2369	2369		(m) To enter into impact fee, mobility fee, or other 1688
2370	2370		similar credit agreements with Osceola County or a landowner 1689
2371	2371		developer and to sell or assign such credits, on such terms as 1690
2372	2372		the district deems appropriate. 1691
2373	2373		(n) To provide buildings and structures for district 1692
2374	2374		offices, maintenance facilities, meeting facilities, town 1693
2375	2375		centers, or any other project auth orized or granted by this act. 1694
2376	2376		(o) To establish and create, at noticed meetings, such 1695
2377	2377		departments of the board of supervisors of the district, as well 1696
2378	2378		as committees, task forces, boards, or commissions, or other 1697
2379	2379		agencies under the supervision and contro l of the district, as 1698
2380	2380		from time to time the members of the board may deem necessary or 1699
2381	2381		desirable in the performance of the acts or other things 1700
2382	2382
2383		-	~~CS/~~HB 4043 2025
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2390	2390		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2391	2391
2392	2392		necessary to exercise the board's general or special powers to 1701
2393	2393		implement an innovative project to carry out the special and 1702
2394	2394		limited purpose of the district as provided in this act and to 1703
2395	2395		delegate the exercise of its powers to such departments, boards, 1704
2396	2396		task forces, committees, or other agencies, and such 1705
2397	2397		administrative duties and other powers as the board may deem 1706
2398	2398		necessary or desirable, but only if there is a set of expressed 1707
2399	2399		limitations for accountability, notice, and periodic written 1708
2400	2400		reporting to the board that shall retain the powers of the 1709
2401	2401		board. 1710
2402	2402		(p) To provide electrical, sustainable, or green 1711
2403	2403		infrastructure improvements, facilities, and services, 1712
2404	2404		including, but not limited to, recycling of natural resources, 1713
2405	2405		reduction of energy demands, development and generation of 1714
2406	2406		alternative or renewable energy sources and technologies, 1715
2407	2407		mitigation of urban heat islands, se questration, capping or 1716
2408	2408		trading of carbon emissions or carbon emissions credits, LEED or 1717
2409	2409		Florida Green Building Coalition certification, and development 1718
2410	2410		of facilities and improvements for low -impact development and to 1719
2411	2411		enter into joint ventures, public -private partnerships, and 1720
2412	2412		other agreements and to grant such easements as may be necessary 1721
2413	2413		to accomplish the foregoing. Nothing herein shall authorize the 1722
2414	2414		district to provide electric service to retail customers or 1723
2415	2415		otherwise act to impair electric utility fran chise agreements. 1724
2416	2416		(q) To provide for any facilities or improvements that 1725
2417	2417
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2425	2425		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2426	2426
2427	2427		may otherwise be provided for by any county or municipality, 1726
2428	2428		including, but not limited to, libraries, annexes, substations, 1727
2429	2429		and other buildings to house public officials, staff, a nd 1728
2430	2430		employees. 1729
2431	2431		(r) To provide waste collection and disposal. 1730
2432	2432		(s) To provide for the construction and operation of 1731
2433	2433		communications systems and related infrastructure for the 1732
2434	2434		carriage and distribution of communications services, and to 1733
2435	2435		enter into joint ventures, public-private partnerships, and 1734
2436	2436		other agreements and to grant such easements as may be necessary 1735
2437	2437		to accomplish the foregoing. Communications systems shall mean 1736
2438	2438		all facilities, buildings, equipment, items, and methods 1737
2439	2439		necessary or desirable in ord er to provide communications 1738
2440	2440		services, including, without limitation, wires, cables, 1739
2441	2441		conduits, wireless cell sites, computers, modems, satellite 1740
2442	2442		antennae sites, transmission facilities, network facilities, and 1741
2443	2443		appurtenant devices necessary and appropriate to support the 1742
2444	2444		provision of communications services. Communications services 1743
2445	2445		includes, without limitation, internet, voice telephone or 1744
2446	2446		similar services provided by voice over internet protocol, cable 1745
2447	2447		television, data transmission services, electronic secu rity 1746
2448	2448		monitoring services, and multi -channel video programming 1747
2449	2449		distribution services. Communications services provided by the 1748
2450	2450		district shall carry or include any governmental channel or 1749
2451	2451		other media content created or produced by Osceola County. 1750
2452	2452
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2460	2460		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2461	2461
2462	2462		(t) To provide health care facilities and to enter into 1751
2463	2463		public-private partnerships and agreements as may be necessary 1752
2464	2464		to accomplish the foregoing. 1753
2465	2465		(u) To coordinate, work with, and, as the board deems 1754
2466	2466		appropriate, enter into interlocal agreements with any public or 1755
2467	2467		private entity for the provision of an institution or 1756
2468	2468		institutions of higher education. 1757
2469	2469		(v) To coordinate, work with, and as the boar d deems 1758
2470	2470		appropriate, enter into public -private partnerships and 1759
2471	2471		agreements as may be necessary or useful to effectuate the 1760
2472	2472		purposes of this act. 1761
2473	2473		1762
2474	2474		The enumeration of special powers herein shall not be deemed 1763
2475	2475		exclusive or restrictive but shall be deemed to i ncorporate all 1764
2476	2476		powers express or implied necessary or incident to carrying out 1765
2477	2477		such enumerated special powers, including also the general 1766
2478	2478		powers provided by this special act charter to the district to 1767
2479	2479		implement its purposes. The district shall not initiate any 1768
2480	2480		service during a fiscal year, if such service is then provided 1769
2481	2481		by Osceola County and funded by Osceola County from the proceeds 1770
2482	2482		of special assessments imposed within the district or from ad 1771
2483	2483		valorem taxes levied within a municipal service taxing unit t hat 1772
2484	2484		includes all or any portion of the district, unless notice is 1773
2485	2485		provided to Osceola County not later than April 1 of the fiscal 1774
2486	2486		year prior to initiating such service identifying such service 1775
2487	2487
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2495	2495		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2496	2496
2497	2497		and the geographic area of the district in which such service 1776
2498	2498		will be provided. Following the provision of such notice, the 1777
2499	2499		district and Osceola County shall enter into an interlocal 1778
2500	2500		agreement providing for a service transition that is revenue -1779
2501	2501		neutral for Osceola County prior to initiation of any such 1780
2502	2502		service by the district. Further, the provisions of this 1781
2503	2503		subsection shall be construed liberally in order to carry out 1782
2504	2504		effectively the special and limited purpose of this district 1783
2505	2505		under this act. 1784
2506	2506		(8) ISSUANCE OF BOND ANTICIPATION NOTES. In addition to 1785
2507	2507		the other powers provided for in this act, and not in limitation 1786
2508	2508		thereof, the district shall have the power, at any time and from 1787
2509	2509		time to time after the issuance of any bonds of the district 1788
2510	2510		shall have been authorized, to borrow money for the purposes for 1789
2511	2511		which such bonds are to be issued in anticipation of the receipt 1790
2512	2512		of the proceeds of the sale of such bonds and to issue bond 1791
2513	2513		anticipation notes in a principal sum not in excess of the 1792
2514	2514		authorized maximum amount of such bond issue. Such notes shall 1793
2515	2515		be in such denomination or denominations, bear interest at such 1794
2516	2516		rate as the board may determine not to exceed the maximum rate 1795
2517	2517		allowed by general law, mature at such time or times not later 1796
2518	2518		than 5 years from the date of issuance, and be in such form and 1797
2519	2519		executed in such manner as t he board shall prescribe. Such notes 1798
2520	2520		may be sold at either public or private sale or, if such notes 1799
2521	2521		shall be renewal notes, may be exchanged for notes then 1800
2522	2522
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2530	2530		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2531	2531
2532	2532		outstanding on such terms as the board shall determine. Such 1801
2533	2533		notes shall be paid from the proceeds o f such bonds when issued. 1802
2534	2534		The board may, in its discretion, in lieu of retiring the notes 1803
2535	2535		by means of bonds, retire them by means of current revenues or 1804
2536	2536		from any taxes or assessments levied for the payment of such 1805
2537	2537		bonds, but, in such event, a like amount o f the bonds authorized 1806
2538	2538		shall not be issued. 1807
2539	2539		(9) BORROWING. The district at any time may obtain loans, 1808
2540	2540		in such amount and on such terms and conditions as the board may 1809
2541	2541		approve, for the purpose of paying any of the expenses of the 1810
2542	2542		district or any costs inc urred or that may be incurred in 1811
2543	2543		connection with any of the projects of the district, which loans 1812
2544	2544		shall bear interest as the board determines, not to exceed the 1813
2545	2545		maximum rate allowed by general law, and may be payable from and 1814
2546	2546		secured by a pledge of such fu nds, revenues, taxes, and 1815
2547	2547		assessments as the board may determine, subject, however, to the 1816
2548	2548		provisions contained in any proceeding under which bonds were 1817
2549	2549		theretofore issued and are then outstanding. For the purpose of 1818
2550	2550		defraying such costs and expenses, the district may issue 1819
2551	2551		negotiable notes, warrants, or other evidences of debt to be 1820
2552	2552		payable at such times and to bear such interest as the board may 1821
2553	2553		determine, not to exceed the maximum rate allowed by general 1822
2554	2554		law, and to be sold or discounted at such price or prices not 1823
2555	2555		less than 95 percent of par value and on such terms as the board 1824
2556	2556		may deem advisable. The board shall have the right to provide 1825
2557	2557
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2565	2565		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2566	2566
2567	2567		for the payment thereof by pledging the whole or any part of the 1826
2568	2568		funds, revenues, taxes, and assessments of the distr ict or by 1827
2569	2569		covenanting to budget and appropriate from such funds. The 1828
2570	2570		approval of the electors residing in the district shall not be 1829
2571	2571		necessary except when required by the State Constitution. 1830
2572	2572		(10) BONDS. 1831
2573	2573		(a) Sale of bonds. Bonds may be sold in blocks or 1832
2574	2574		installments at different times, or an entire issue or series 1833
2575	2575		may be sold at one time. Bonds may be sold at public or private 1834
2576	2576		sale after such advertisement, if any, as the board may deem 1835
2577	2577		advisable, but not in any event at less than 90 percent of the 1836
2578	2578		par value thereof, together with accrued interest thereon. Bonds 1837
2579	2579		may be sold or exchanged for refunding bonds. Special assessment 1838
2580	2580		and revenue bonds may be delivered by the district as payment of 1839
2581	2581		the purchase price of any project or part thereof, or a 1840
2582	2582		combination of projects or parts thereof, or as the purchase 1841
2583	2583		price or exchange for any property, real, personal, or mixed, 1842
2584	2584		including franchises or services rendered by any contractor, 1843
2585	2585		engineer, or other person, all at one time or in blocks from 1844
2586	2586		time to time, in such manner and upon such terms as the board in 1845
2587	2587		its discretion shall determine. The price or prices for any 1846
2588	2588		bonds sold, exchanged, or delivered may be: 1847
2589	2589		1. The money paid for the bonds. 1848
2590	2590		2. The principal amount, plus accrued interest to the 1849
2591	2591		date of redemption or exchange, or outstanding obligations 1850
2592	2592
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2600	2600		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2601	2601
2602	2602		exchanged for refunding bonds. 1851
2603	2603		3. In the case of special assessment or revenue bonds, 1852
2604	2604		the amount of any indebtedness to contractors or other persons 1853
2605	2605		paid with such bonds, or the fair value of any properties 1854
2606	2606		exchanged for the bonds, as determined by the board. 1855
2607	2607		(b) Authorization and form of bonds. Any general 1856
2608	2608		obligation bonds, special assessment bonds, or revenue bonds may 1857
2609	2609		be authorized by resolution or resolutions of the board which 1858
2610	2610		shall be adopted by a major ity of all the members thereof then 1859
2611	2611		in office. Such resolution or resolutions may be adopted at the 1860
2612	2612		same meeting at which they are introduced and need not be 1861
2613	2613		published or posted. The board may, by resolution, authorize the 1862
2614	2614		issuance of bonds and fix the agg regate amount of bonds to be 1863
2615	2615		issued; the purpose or purposes for which the moneys derived 1864
2616	2616		therefrom shall be expended, including, but not limited to, 1865
2617	2617		payment of costs as defined in section 2(2)(i); the rate or 1866
2618	2618		rates of interest, not to exceed the maximum r ate allowed by 1867
2619	2619		general law; the denomination of the bonds; whether or not the 1868
2620	2620		bonds are to be issued in one or more series; the date or dates 1869
2621	2621		of maturity, which shall not exceed 40 years from their 1870
2622	2622		respective dates of issuance; the medium of payment; the p lace 1871
2623	2623		or places within or without the state at which payment shall be 1872
2624	2624		made; registration privileges; redemption terms and privileges, 1873
2625	2625		whether with or without premium; the manner of execution; the 1874
2626	2626		form of the bonds, including any interest coupons to be attac hed 1875
2627	2627
2628		-	~~CS/~~HB 4043 2025
2629		-
2630		-
2631		-
2632		-	CODING: Words stricken are deletions; words underlined are additions.
2633		-	hb4043-~~01-c1~~
	2628	+	HB 4043 2025
	2629	+
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2634	2634		Page 76 of 118
2635	2635		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2636	2636
2637	2637		thereto; the manner of execution of bonds and coupons; and any 1876
2638	2638		and all other terms, covenants, and conditions thereof and the 1877
2639	2639		establishment of revenue or other funds. Such authorizing 1878
2640	2640		resolution or resolutions may further provide for the contracts 1879
2641	2641		authorized by s. 159.825(1)(f) and (g), Florida Statutes, 1880
2642	2642		regardless of the tax treatment of such bonds being authorized, 1881
2643	2643		subject to the finding by the board of a net saving to the 1882
2644	2644		district resulting by reason thereof. Such authorizing 1883
2645	2645		resolution may further p rovide that such bonds may be executed 1884
2646	2646		in accordance with the Registered Public Obligations Act, except 1885
2647	2647		that bonds not issued in registered form shall be valid if 1886
2648	2648		manually countersigned by an officer designated by appropriate 1887
2649	2649		resolution of the board. The s eal of the district may be 1888
2650	2650		affixed, lithographed, engraved, or otherwise reproduced in 1889
2651	2651		facsimile on such bonds. In case any officer whose signature 1890
2652	2652		shall appear on any bonds or coupons shall cease to be such 1891
2653	2653		officer before the delivery of such bonds, such signature or 1892
2654	2654		facsimile shall nevertheless be valid and sufficient for all 1893
2655	2655		purposes the same as if he or she had remained in office until 1894
2656	2656		such delivery. 1895
2657	2657		(c) Interim certificates; replacement certificates. 1896
2658	2658		Pending the preparation of definitive bonds, the board may issue 1897
2659	2659		interim certificates or receipts or temporary bonds, in such 1898
2660	2660		form and with such provisions as the board may determine, 1899
2661	2661		exchangeable for definitive bonds when such bonds have been 1900
2662	2662
2663		-	~~CS/~~HB 4043 2025
2664		-
2665		-
2666		-
2667		-	CODING: Words stricken are deletions; words underlined are additions.
2668		-	hb4043-~~01-c1~~
	2663	+	HB 4043 2025
	2664	+
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2669	2669		Page 77 of 118
2670	2670		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2671	2671
2672	2672		executed and are available for delivery. The board may also 1901
2673	2673		provide for the replacement of any bonds which become mutilated, 1902
2674	2674		lost, or destroyed. 1903
2675	2675		(d) Negotiability of bonds. Any bond issued under this 1904
2676	2676		act or any temporary bond, in the absence of an express recital 1905
2677	2677		on the face thereof that it is nonnegotiable, shal l be fully 1906
2678	2678		negotiable and shall be and constitute a negotiable instrument 1907
2679	2679		within the meaning and for all purposes of the law merchant and 1908
2680	2680		the laws of the state. 1909
2681	2681		(e) Defeasance. The board may make such provision with 1910
2682	2682		respect to the defeasance of the righ t, title, and interest of 1911
2683	2683		the holders of any of the bonds and obligations of the district 1912
2684	2684		in any revenues, funds, or other properties by which such bonds 1913
2685	2685		are secured as the board deems appropriate and, without 1914
2686	2686		limitation on the foregoing, may provide that when such bonds or 1915
2687	2687		obligations become due and payable or shall have been called for 1916
2688	2688		redemption and the whole amount of the principal and interest 1917
2689	2689		and premium, if any, due and payable upon the bonds or 1918
2690	2690		obligations then outstanding shall be held in trust for such 1919
2691	2691		purpose, and provision shall also be made for paying all other 1920
2692	2692		sums payable in connection with such bonds or other obligations, 1921
2693	2693		then and in such event the right, title, and interest of the 1922
2694	2694		holders of the bonds in any revenues, funds, or other propert ies 1923
2695	2695		by which such bonds are secured shall thereupon cease, 1924
2696	2696		terminate, and become void; and the board may apply any surplus 1925
2697	2697
2698		-	~~CS/~~HB 4043 2025
2699		-
2700		-
2701		-
2702		-	CODING: Words stricken are deletions; words underlined are additions.
2703		-	hb4043-~~01-c1~~
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2704	2704		Page 78 of 118
2705	2705		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2706	2706
2707	2707		in any sinking fund established in connection with such bonds or 1926
2708	2708		obligations and all balances remaining in all other funds or 1927
2709	2709		accounts other than moneys held for the redemption or payment of 1928
2710	2710		the bonds or other obligations to any lawful purpose of the 1929
2711	2711		district as the board shall determine. 1930
2712	2712		(f) Issuance of additional bonds. If the proceeds of any 1931
2713	2713		bonds are less than the cost of complet ing the project in 1932
2714	2714		connection with which such bonds were issued, the board may 1933
2715	2715		authorize the issuance of additional bonds, upon such terms and 1934
2716	2716		conditions as the board may provide in the resolution 1935
2717	2717		authorizing the issuance thereof, but only in compliance wi th 1936
2718	2718		the resolution or other proceedings authorizing the issuance of 1937
2719	2719		the original bonds. 1938
2720	2720		(g) Refunding bonds. The district shall have the power to 1939
2721	2721		issue bonds to provide for the retirement or refunding of any 1940
2722	2722		bonds or obligations of the district that at t he time of such 1941
2723	2723		issuance are or subsequent thereto become due and payable, or 1942
2724	2724		that at the time of issuance have been called or are, or will 1943
2725	2725		be, subject to call for redemption within 10 years thereafter, 1944
2726	2726		or the surrender of which can be procured from the ho lders 1945
2727	2727		thereof at prices satisfactory to the board. Refunding bonds may 1946
2728	2728		be issued at any time that in the judgment of the board such 1947
2729	2729		issuance will be advantageous to the district. No approval of 1948
2730	2730		the qualified electors residing in the district shall be 1949
2731	2731		required for the issuance of refunding bonds except in cases in 1950
2732	2732
2733		-	~~CS/~~HB 4043 2025
2734		-
2735		-
2736		-
2737		-	CODING: Words stricken are deletions; words underlined are additions.
2738		-	hb4043-~~01-c1~~
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	2734	+
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2739	2739		Page 79 of 118
2740	2740		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2741	2741
2742	2742		which such approval is required by the State Constitution. The 1951
2743	2743		board may by resolution confer upon the holders of such 1952
2744	2744		refunding bonds all rights, powers, and remedies to which the 1953
2745	2745		holders would be entitled if they continued to be the owners and 1954
2746	2746		had possession of the bonds for the refinancing of which such 1955
2747	2747		refunding bonds are issued, including, but not limited to, the 1956
2748	2748		preservation of the lien of such bonds on the revenues of any 1957
2749	2749		project or on pledge d funds, without extinguishment, impairment, 1958
2750	2750		or diminution thereof. The provisions of this act pertaining to 1959
2751	2751		bonds of the district shall, unless the context otherwise 1960
2752	2752		requires, govern the issuance of refunding bonds, the form and 1961
2753	2753		other details thereof, the rights of the holders thereof, and 1962
2754	2754		the duties of the board with respect to them. 1963
2755	2755		(h) Revenue bonds. 1964
2756	2756		1. The district shall have the power to issue revenue 1965
2757	2757		bonds from time to time without limitation as to amount. Such 1966
2758	2758		revenue bonds may be secured by, or payable from, the gross or 1967
2759	2759		net pledge of the revenues to be derived from any project or 1968
2760	2760		combination of projects; from the rates, fees, or other charges 1969
2761	2761		to be collected from the users of any project or projects; from 1970
2762	2762		any revenue-producing undertaking or activity of the district; 1971
2763	2763		from special assessments; or from benefit special assessments; 1972
2764	2764		or from any other source or pledged security. Such bonds shall 1973
2765	2765		not constitute an indebtedness of the district, and the approval 1974
2766	2766		of the qualified electors shall not be required unless such 1975
2767	2767
2768		-	~~CS/~~HB 4043 2025
2769		-
2770		-
2771		-
2772		-	CODING: Words stricken are deletions; words underlined are additions.
2773		-	hb4043-~~01-c1~~
	2768	+	HB 4043 2025
	2769	+
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2774	2774		Page 80 of 118
2775	2775		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2776	2776
2777	2777		bonds are additionally secured by the full faith and credit and 1976
2778	2778		taxing power of the d istrict. 1977
2779	2779		2. Any two or more projects may be combined and 1978
2780	2780		consolidated into a single project and may hereafter be operated 1979
2781	2781		and maintained as a single project. The revenue bonds authorized 1980
2782	2782		herein may be issued to finance any one or more of such 1981
2783	2783		projects, regardless of whether or not such projects have been 1982
2784	2784		combined and consolidated into a single project. If the board 1983
2785	2785		deems it advisable, the proceedings authorizing such revenue 1984
2786	2786		bonds may provide that the district may thereafter combine the 1985
2787	2787		projects then being financed or theretofore financed with other 1986
2788	2788		projects to be subsequently financed by the district and that 1987
2789	2789		revenue bonds to be thereafter issued by the district shall be 1988
2790	2790		on parity with the revenue bonds then being issued, all on such 1989
2791	2791		terms, conditions, an d limitations as shall have been provided 1990
2792	2792		in the proceeding which authorized the original bonds. 1991
2793	2793		(i) General obligation bonds. 1992
2794	2794		1. Subject to the limitations of this charter, the 1993
2795	2795		district shall have the power from time to time to issue general 1994
2796	2796		obligation bonds to finance or refinance capital projects or to 1995
2797	2797		refund outstanding bonds in an aggregate principal amount of 1996
2798	2798		bonds outstanding at any one time not in excess of 35 percent of 1997
2799	2799		the assessed value of the taxable property within the district 1998
2800	2800		as shown on the pertinent tax records at the time of the 1999
2801	2801		authorization of the general obligation bonds for which the full 2000
2802	2802
2803		-	~~CS/~~HB 4043 2025
2804		-
2805		-
2806		-
2807		-	CODING: Words stricken are deletions; words underlined are additions.
2808		-	hb4043-~~01-c1~~
	2803	+	HB 4043 2025
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2809	2809		Page 81 of 118
2810	2810		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2811	2811
2812	2812		faith and credit of the district is pledged. Except for 2001
2813	2813		refunding bonds, no general obligation bonds shall be issued 2002
2814	2814		unless the bonds are issued to finance or refinance a capital 2003
2815	2815		project and the issuance has been approved at an election held 2004
2816	2816		in accordance with the requirements for such election as 2005
2817	2817		prescribed by the State Constitution. Such elections shall be 2006
2818	2818		called to be held in the district by the Board of County 2007
2819	2819		Commissioners of Osceola County upon the request of the board of 2008
2820	2820		the district. The expenses of calling and holding an election 2009
2821	2821		shall be at the expense of the district and the district shall 2010
2822	2822		reimburse the county for any expenses incurred in calling or 2011
2823	2823		holding such election. 2012
2824	2824		2. The district may pledge its full faith and credit for 2013
2825	2825		the payment of the principal and interest on such general 2014
2826	2826		obligation bonds and for any reserve funds provided therefor and 2015
2827	2827		may unconditionally and irrevocably pl edge itself to levy ad 2016
2828	2828		valorem taxes on all taxable property in the district, to the 2017
2829	2829		extent necessary for the payment thereof, without limitation as 2018
2830	2830		to rate or amount. 2019
2831	2831		3. If the board determines to issue general obligation 2020
2832	2832		bonds for more than one capital project, the approval of the 2021
2833	2833		issuance of the bonds for each and all such projects may be 2022
2834	2834		submitted to the electors on one and the same ballot. The 2023
2835	2835		failure of the electors to approve the issuance of bonds for any 2024
2836	2836		one or more capital projects shall not defe at the approval of 2025
2837	2837
2838		-	~~CS/~~HB 4043 2025
2839		-
2840		-
2841		-
2842		-	CODING: Words stricken are deletions; words underlined are additions.
2843		-	hb4043-~~01-c1~~
	2838	+	HB 4043 2025
	2839	+
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2844	2844		Page 82 of 118
2845	2845		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2846	2846
2847	2847		bonds for any capital project which has been approved by the 2026
2848	2848		electors. 2027
2849	2849		4. In arriving at the amount of general obligation bonds 2028
2850	2850		permitted to be outstanding at any one time pursuant to 2029
2851	2851		subparagraph 1., there shall not be included any g eneral 2030
2852	2852		obligation bonds that are additionally secured by the pledge of: 2031
2853	2853		a. Any assessments levied in an amount sufficient to pay 2032
2854	2854		the principal and interest on the general obligation bonds so 2033
2855	2855		additionally secured, which assessments have been equalized an d 2034
2856	2856		confirmed by resolution of the board pursuant to this act or s. 2035
2857	2857		170.08, Florida Statutes. 2036
2858	2858		b. Water revenues, sewer revenues, or water and sewer 2037
2859	2859		revenues of the district to be derived from user fees in an 2038
2860	2860		amount sufficient to pay the principal and inte rest on the 2039
2861	2861		general obligation bonds so additionally secured. 2040
2862	2862		c. Any combination of assessments and revenues described 2041
2863	2863		in sub-subparagraphs a. and b. 2042
2864	2864		(j) Bonds as legal investment or security. 2043
2865	2865		1. Notwithstanding any provisions of any other law to the 2044
2866	2866		contrary, all bonds issued under the provisions of this act 2045
2867	2867		shall constitute legal investments for savings banks, banks, 2046
2868	2868		trust companies, insurance companies, executors, administrators, 2047
2869	2869		trustees, guardians, and other fiduciaries and for any board, 2048
2870	2870		body, agency, instrumentality, county, municipality, or other 2049
2871	2871		political subdivision of the state and shall be and constitute 2050
2872	2872
2873		-	~~CS/~~HB 4043 2025
2874		-
2875		-
2876		-
2877		-	CODING: Words stricken are deletions; words underlined are additions.
2878		-	hb4043-~~01-c1~~
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	2874	+
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2879	2879		Page 83 of 118
2880	2880		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2881	2881
2882	2882		security which may be deposited by banks or trust companies as 2051
2883	2883		security for deposits of state, county, municipal, or other 2052
2884	2884		public funds or by insurance companies as required or voluntary 2053
2885	2885		statutory deposits. 2054
2886	2886		2. Any bonds issued by the district shall be 2055
2887	2887		incontestable in the hands of bona fide purchasers or holders 2056
2888	2888		for value and shall not be invalid because of any irregularity 2057
2889	2889		or defect in the proceedings for the issue and sale thereof. 2058
2890	2890		(k) Covenants. Any resolution authorizing the issuance of 2059
2891	2891		bonds may contain such covenants as the board may deem 2060
2892	2892		advisable, and all such covenants s hall constitute valid and 2061
2893	2893		legally binding and enforceable contracts between the district 2062
2894	2894		and the bondholders, regardless of the time of issuance thereof. 2063
2895	2895		Such covenants may include, without limitation, covenants 2064
2896	2896		concerning the disposition of the bond proce eds; the use and 2065
2897	2897		disposition of project revenues; the pledging of revenues, 2066
2898	2898		taxes, and assessments; the obligations of the district with 2067
2899	2899		respect to the operation of the project and the maintenance of 2068
2900	2900		adequate project revenues; the issuance of additional bo nds; the 2069
2901	2901		appointment, powers, and duties of trustees and receivers; the 2070
2902	2902		acquisition of outstanding bonds and obligations; restrictions 2071
2903	2903		on the establishing of competing projects or facilities; 2072
2904	2904		restrictions on the sale or disposal of the assets and property 2073
2905	2905		of the district; the priority of assessment liens; the priority 2074
2906	2906		of claims by bondholders on the taxing power of the district; 2075
2907	2907
2908		-	~~CS/~~HB 4043 2025
2909		-
2910		-
2911		-
2912		-	CODING: Words stricken are deletions; words underlined are additions.
2913		-	hb4043-~~01-c1~~
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2914	2914		Page 84 of 118
2915	2915		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2916	2916
2917	2917		the maintenance of deposits to ensure the payment of revenues by 2076
2918	2918		users of district facilities and services; the discontinuance of 2077
2919	2919		district services by reason of delinquent payments; acceleration 2078
2920	2920		upon default; the execution of necessary instruments; the 2079
2921	2921		procedure for amending or abrogating covenants with the 2080
2922	2922		bondholders; and such other covenants as may be deemed necessary 2081
2923	2923		or desirable for the security of the bondholders. 2082
2924	2924		(l) Validation proceedings. The power of the district to 2083
2925	2925		issue bonds under the provisions of this act may be determined, 2084
2926	2926		and any of the bonds of the district maturing over a period of 2085
2927	2927		more than 5 years shall be vali dated and confirmed, by court 2086
2928	2928		decree, under the provisions of chapter 75, Florida Statutes, 2087
2929	2929		and laws amendatory thereof or supplementary thereto. 2088
2930	2930		(m) Tax exemption. To the extent allowed by general law, 2089
2931	2931		all bonds issued hereunder and interest paid there on and all 2090
2932	2932		fees, charges, and other revenues derived by the district from 2091
2933	2933		the projects provided by this act are exempt from all taxes by 2092
2934	2934		the state or by any political subdivision, agency, or 2093
2935	2935		instrumentality thereof; however, any interest, income, or 2094
2936	2936		profits on debt obligations issued hereunder are not exempt from 2095
2937	2937		the tax imposed by chapter 220, Florida Statutes. Further, the 2096
2938	2938		district is not exempt from the provisions of chapter 212, 2097
2939	2939		Florida Statutes. 2098
2940	2940		(n) Application of s. 189.051, Florida Statutes. Bonds 2099
2941	2941		issued by the district shall meet the criteria set forth in s. 2100
2942	2942
2943		-	~~CS/~~HB 4043 2025
2944		-
2945		-
2946		-
2947		-	CODING: Words stricken are deletions; words underlined are additions.
2948		-	hb4043-~~01-c1~~
	2943	+	HB 4043 2025
	2944	+
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2949	2949		Page 85 of 118
2950	2950		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2951	2951
2952	2952		189.051, Florida Statutes. 2101
2953	2953		(o) Act furnishes full authority for issuance of bonds. 2102
2954	2954		This act constitutes full and complete authority for the 2103
2955	2955		issuance of bonds and the exercise of the powers of the district 2104
2956	2956		provided herein. No procedures or proceedings, publications, 2105
2957	2957		notices, consents, approvals, orders, acts, or things by the 2106
2958	2958		board, or any board, officer, commission, department, agency, or 2107
2959	2959		instrumentality of the district, other than those req uired by 2108
2960	2960		this act, shall be required to perform anything under this act, 2109
2961	2961		except that the issuance or sale of bonds pursuant to the 2110
2962	2962		provisions of this act shall comply with the general law 2111
2963	2963		requirements applicable to the issuance or sale of bonds by the 2112
2964	2964		district. Nothing in this act shall be construed to authorize 2113
2965	2965		the district to utilize bond proceeds to fund the ongoing 2114
2966	2966		operations of the district. 2115
2967	2967		(p) Pledge by the state to the bondholders of the 2116
2968	2968		district. The state pledges to the holders of any bonds iss ued 2117
2969	2969		under this act that it will not limit or alter the rights of the 2118
2970	2970		district to own, acquire, construct, reconstruct, improve, 2119
2971	2971		maintain, operate, or furnish the projects or to levy and 2120
2972	2972		collect the taxes, assessments, rentals, rates, fees, and other 2121
2973	2973		charges provided for herein and to fulfill the terms of any 2122
2974	2974		agreement made with the holders of such bonds or other 2123
2975	2975		obligations and that it will not in any way impair the rights or 2124
2976	2976		remedies of such holders. 2125
2977	2977
2978		-	~~CS/~~HB 4043 2025
2979		-
2980		-
2981		-
2982		-	CODING: Words stricken are deletions; words underlined are additions.
2983		-	hb4043-~~01-c1~~
	2978	+	HB 4043 2025
	2979	+
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	2983	+	hb4043-00
2984	2984		Page 86 of 118
2985	2985		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2986	2986
2987	2987		(q) Default. A default on the bonds or obligations of a 2126
2988	2988		district shall not constitute a debt or obligation of the state 2127
2989	2989		or any general-purpose local government or the state. In the 2128
2990	2990		event of a default or dissolution of the district, no local 2129
2991	2991		general-purpose government shall be required to assume the 2130
2992	2992		property of the district, the debts of the district, or the 2131
2993	2993		district's obligations to complete any infrastructure 2132
2994	2994		improvements or provide any services to the district. The 2133
2995	2995		provisions of s. 189.076(2), Florida Statutes, shall not apply 2134
2996	2996		to the district. 2135
2997	2997		(11) TRUST AGREEMENTS. Any issue of bonds shall be 2136
2998	2998		secured by a trust agreement or resolution by and between the 2137
2999	2999		district and a corporate trustee or trustees, which may be any 2138
3000	3000		trust company or bank having the powers of a trust company 2139
3001	3001		within or without the state. Th e resolution authorizing the 2140
3002	3002		issuance of the bonds or such trust agreement may pledge the 2141
3003	3003		revenues to be received from any projects of the district and 2142
3004	3004		may contain such provisions for protecting and enforcing the 2143
3005	3005		rights and remedies of the bondholders as t he board may approve, 2144
3006	3006		including, without limitation, covenants setting forth the 2145
3007	3007		duties of the district in relation to: the acquisition, 2146
3008	3008		construction, reconstruction, improvement, maintenance, repair, 2147
3009	3009		operation, and insurance of any projects; the fixing an d 2148
3010	3010		revising of the rates, fees, and charges; and the custody, 2149
3011	3011		safeguarding, and application of all moneys and for the 2150
3012	3012
3013		-	~~CS/~~HB 4043 2025
3014		-
3015		-
3016		-
3017		-	CODING: Words stricken are deletions; words underlined are additions.
3018		-	hb4043-~~01-c1~~
	3013	+	HB 4043 2025
	3014	+
	3015	+
	3016	+
	3017	+	CODING: Words stricken are deletions; words underlined are additions.
	3018	+	hb4043-00
3019	3019		Page 87 of 118
3020	3020		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3021	3021
3022	3022		employment of consulting engineers in connection with such 2151
3023	3023		acquisition, construction, reconstruction, improvement, 2152
3024	3024		maintenance, repair, or operation. It shall be lawful for any 2153
3025	3025		bank or trust company within or without the state which may act 2154
3026	3026		as a depository of the proceeds of bonds or of revenues to 2155
3027	3027		furnish such indemnifying bonds or to pledge such securities as 2156
3028	3028		may be required by the district . Such resolution or trust 2157
3029	3029		agreement may set forth the rights and remedies of the 2158
3030	3030		bondholders and of the trustee, if any, and may restrict the 2159
3031	3031		individual right of action by bondholders. The board may provide 2160
3032	3032		for the payment of proceeds of the sale of the b onds and the 2161
3033	3033		revenues of any project to such officer, board, or depository as 2162
3034	3034		it may designate for the custody thereof and may provide for the 2163
3035	3035		method of disbursement thereof with such safeguards and 2164
3036	3036		restrictions as it may determine. All expenses incurred i n 2165
3037	3037		carrying out the provisions of such resolution or trust 2166
3038	3038		agreement may be treated as part of the cost of operation of the 2167
3039	3039		project to which such trust agreement pertains. 2168
3040	3040		(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL 2169
3041	3041		ASSESSMENTS, MAINTENANCE SPECI AL ASSESSMENTS, AND SPECIAL 2170
3042	3042		ASSESSMENTS; MAINTENANCE TAXES. 2171
3043	3043		(a) Ad valorem taxes. At such time as all members of the 2172
3044	3044		board are qualified electors who are elected by qualified 2173
3045	3045		electors of the district, the board shall have the power to levy 2174
3046	3046		and assess an ad valorem tax on all the taxable property in the 2175
3047	3047
3048		-	~~CS/~~HB 4043 2025
3049		-
3050		-
3051		-
3052		-	CODING: Words stricken are deletions; words underlined are additions.
3053		-	hb4043-~~01-c1~~
	3048	+	HB 4043 2025
	3049	+
	3050	+
	3051	+
	3052	+	CODING: Words stricken are deletions; words underlined are additions.
	3053	+	hb4043-00
3054	3054		Page 88 of 118
3055	3055		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3056	3056
3057	3057		district to construct, operate, and maintain assessable 2176
3058	3058		improvements; to pay the principal of, and interest on, any 2177
3059	3059		general obligation bonds of the district; and to provide for any 2178
3060	3060		sinking or other funds es tablished in connection with any such 2179
3061	3061		bonds. An ad valorem tax levied by the board for operating 2180
3062	3062		purposes, exclusive of debt service on bonds, shall not exceed 3 2181
3063	3063		mills. The ad valorem tax provided for herein shall be in 2182
3064	3064		addition to county and all other ad valorem taxes provided for 2183
3065	3065		by law. Such tax shall be assessed, levied, and collected in the 2184
3066	3066		same manner and at the same time as county taxes. The levy of ad 2185
3067	3067		valorem taxes must be approved by referendum as required by 2186
3068		-	Section 9 of Article VII of the State ~~Constitution and held at a~~ 2187
3069		-	~~general election~~. 2188
3070		-	~~(b) Benefit special assessments.~~ The ~~board annually shall~~ 2189
3071		-	~~determine, order,~~ and ~~levy the annual installment of the total~~ 2190
3072		-	~~benefit special~~ assessments ~~for bonds issued and related~~ 2191
3073		-	~~expenses to finance assessable improvements.~~ ~~These assessments~~ 2192
3074		-	~~may be due~~ and ~~collected during each year county taxes are due~~ 2193
3075		-	~~and collected,~~ ~~in which case such annual installment~~ and ~~levy~~ 2194
3076		-	~~shall be evidenced to and certified to~~ the ~~property appraiser by~~ 2195
3077		-	the ~~board not later than August 31 of each year. Such assessment~~ 2196
3078		-	shall be ~~entered~~ by the ~~property appraiser on the county tax~~ 2197
3079		-	~~rolls~~ and ~~shall be collected~~ and ~~enforced by~~ the ~~tax collector~~ 2198
3080		-	in the ~~same manner and at the same time as county taxes~~, ~~and the~~ 2199
3081		-	~~proceeds thereof~~ shall ~~be paid to~~ the district~~. However,~~ ~~this~~ 2200
3082		-
3083		-	~~CS/~~HB 4043 2025
3084		-
3085		-
3086		-
3087		-	CODING: Words stricken are deletions; words underlined are additions.
3088		-	hb4043-~~01-c1~~
	3068	+	Section 9 of Article VII of the State C onstitution. 2187
	3069	+	(b) Benefit special assessments. The board annually shall 2188
	3070	+	determine, order, and levy the annual installment of the total 2189
	3071	+	benefit special assessments for bonds issued and related 2190
	3072	+	expenses to finance assessable improvements. These assessments 2191
	3073	+	may be due and collected during each year county taxes are due 2192
	3074	+	and collected, in which case such annual installment and levy 2193
	3075	+	shall be evidenced to and certified to the property appraiser by 2194
	3076	+	the board not later than August 31 of each year. Such assessment 2195
	3077	+	shall be entered by the property appraiser on the county tax 2196
	3078	+	rolls and shall be collected and enforced by the tax collector 2197
	3079	+	in the same manner and at the same time as county taxes, and the 2198
	3080	+	proceeds thereof shall be paid to the district. However, this 2199
	3081	+	subsection shall not prohibit the district in its discretion 2200
	3082	+
	3083	+	HB 4043 2025
	3084	+
	3085	+
	3086	+
	3087	+	CODING: Words stricken are deletions; words underlined are additions.
	3088	+	hb4043-00
3089	3089		Page 89 of 118
3090	3090		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3091	3091
3092		-	~~subsection shall not prohibit~~ the ~~district~~ in ~~its discretion~~ 2201
3093		-	from ~~using the method prescribed in either s. 197.3632 or~~ 2202
3094		-	~~chapter 173~~, ~~Florida Statutes,~~ as each ~~may be amended from time~~ 2203
3095		-	~~to time,~~ ~~for collecting and enforcing these~~ assessments~~. Each~~ 2204
3096		-	~~annual installment of bene fit special assessments~~ shall ~~be a~~ 2205
3097		-	~~lien on~~ the ~~property against which assessed until paid and shall~~ 2206
3098		-	~~be enforceable in like manner as county taxes.~~ The ~~amount~~ of the 2207
3099		-	~~assessment for~~ the ~~exercise of the district's powers under~~ 2208
3100		-	~~subsections (6)~~ and ~~(7) shall be determined~~ by the ~~board based~~ 2209
3101		-	upon ~~a report~~ of the ~~district's engineer and assessed by the~~ 2210
3102		-	~~board upon such lands, which may be part or all of~~ the ~~lands~~ 2211
3103		-	~~within~~ the ~~district benefited by the improvement, apportioned~~ 2212
3104		-	~~between benefited lands~~ in ~~proportion to the benefits received~~ 2213
3105		-	~~by each tract~~ of ~~land.~~ The ~~board may, if it determines it is in~~ 2214
3106		-	~~the best interests of the district,~~ ~~set forth~~ in ~~the proceedings~~ 2215
3107		-	~~initially levying such benefit special assessments or in~~ 2216
3108		-	~~subsequent proceedings~~ a ~~formula for the determi nation of an~~ 2217
3109		-	~~amount~~, ~~which when paid by~~ a ~~taxpayer with respect to any tax~~ 2218
3110		-	~~parcel, shall constitute a prepayment~~ of ~~all future annual~~ 2219
3111		-	~~installments~~ of such ~~benefit special assessments and that the~~ 2220
3112		-	~~payment of which amount with respect to~~ such tax parcel ~~shal l~~ 2221
3113		-	~~relieve~~ and ~~discharge such tax parcel of the lien of such~~ 2222
3114		-	~~benefit special assessments and any subsequent annual~~ 2223
3115		-	~~installment thereof.~~ The ~~board may provide further that upon~~ 2224
3116		-	~~delinquency in~~ the ~~payment~~ of ~~any~~ annual ~~installment of benefit~~ 2225
3117		-
3118		-	~~CS/~~HB 4043 2025
3119		-
3120		-
3121		-
3122		-	CODING: Words stricken are deletions; words underlined are additions.
3123		-	hb4043-~~01-c1~~
	3092	+	from using the method prescribed in either s. 197.3632 or 2201
	3093	+	chapter 173, Florida Statutes, as each may be amended from time 2202
	3094	+	to time, for collecting and enforcing these assessments. Each 2203
	3095	+	annual installment of benefit special assessments shall be a 2204
	3096	+	lien on the property against which assessed until paid and shall 2205
	3097	+	be enforceable in like manner as county taxes. The amount of the 2206
	3098	+	assessment for the exercise of the district's powers under 2207
	3099	+	subsections (6) and (7) shall be determined by the board based 2208
	3100	+	upon a report of the district's engineer and assessed by the 2209
	3101	+	board upon such lands, which may be part or all of the lands 2210
	3102	+	within the district benefited by the improvement, apportioned 2211
	3103	+	between benefited lands in propo rtion to the benefits received 2212
	3104	+	by each tract of land. The board may, if it determines it is in 2213
	3105	+	the best interests of the district, set forth in the proceedings 2214
	3106	+	initially levying such benefit special assessments or in 2215
	3107	+	subsequent proceedings a formula for th e determination of an 2216
	3108	+	amount, which when paid by a taxpayer with respect to any tax 2217
	3109	+	parcel, shall constitute a prepayment of all future annual 2218
	3110	+	installments of such benefit special assessments and that the 2219
	3111	+	payment of which amount with respect to such tax pa rcel shall 2220
	3112	+	relieve and discharge such tax parcel of the lien of such 2221
	3113	+	benefit special assessments and any subsequent annual 2222
	3114	+	installment thereof. The board may provide further that upon 2223
	3115	+	delinquency in the payment of any annual installment of benefit 2224
	3116	+	special assessments, the prepayment amount of all future annual 2225
	3117	+
	3118	+	HB 4043 2025
	3119	+
	3120	+
	3121	+
	3122	+	CODING: Words stricken are deletions; words underlined are additions.
	3123	+	hb4043-00
3124	3124		Page 90 of 118
3125	3125		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3126	3126
3127		-	special assessments, the ~~prepayment amount of all future annual~~ 2226
3128		-	~~installments of benefit special assessments as determined in the~~ 2227
3129		-	~~preceding sentence shall be and become immediately due and~~ 2228
3130		-	~~payable together with such delinquent annual installment~~. 2229
3131		-	~~(c) Non-ad~~ ~~valorem maintenance taxes. If~~ and ~~when~~ 2230
3132		-	~~authorized by general law, to maintain~~ and ~~to preserve~~ the 2231
3133		-	~~physical facilities and services constituting~~ the ~~works,~~ 2232
3134		-	~~improvements~~, or ~~infrastructure owned by the district pursuant~~ 2233
3135		-	~~to this act,~~ to ~~repair and restore any one or more~~ of ~~them~~, ~~when~~ 2234
3136		-	~~needed,~~ and ~~to defray the current expenses of the district,~~ 2235
3137		-	~~including~~ any ~~sum~~ which may ~~be required to pay state~~ and ~~county~~ 2236
3138		-	~~ad valorem taxes on any lands~~ which ~~may have been purchased and~~ 2237
3139		-	~~which are held by~~ the ~~district under the provisions~~ of ~~this act,~~ 2238
3140		-	~~the board of supervisors may~~, ~~upon the completion of said~~ 2239
3141		-	~~systems~~, ~~facilities, services, works, improvements,~~ or 2240
3142		-	~~infrastructure, in whole or in part, as may be certified to~~ the 2241
3143		-	~~board by the engineer~~ of ~~the board, levy annually a non -ad~~ 2242
3144		-	~~valorem and nonmillage~~ tax ~~upon each tract or parcel of land~~ 2243
3145		-	~~within~~ the ~~district, to be known as a "maintenance tax." This~~ 2244
3146		-	~~non-ad valorem maintenance tax shall be apportioned upon~~ the 2245
3147		-	~~basis of~~ the ~~net assessments of benefits assessed as accruing~~ 2246
3148		-	~~from~~ the ~~original construction and shall be evidenced to and~~ 2247
3149		-	~~certified by~~ the ~~board of supervisors of the district not later~~ 2248
3150		-	~~than June 1 of each year to~~ the ~~Osceola County~~ tax ~~collector and~~ 2249
3151		-	~~shall be extended~~ on the ~~tax rolls and collected by~~ the tax 2250
3152		-
3153		-	~~CS/~~HB 4043 2025
3154		-
3155		-
3156		-
3157		-	CODING: Words stricken are deletions; words underlined are additions.
3158		-	hb4043-~~01-c1~~
	3127	+	installments of benefit special assessments as determined in the 2226
	3128	+	preceding sentence shall be and become immediately due and 2227
	3129	+	payable together with such delinquent annual installment. 2228
	3130	+	(c) Non-ad valorem maintenance taxes. If and when 2229
	3131	+	authorized by general law, to maintain and to preserve the 2230
	3132	+	physical facilities and services constituting the works, 2231
	3133	+	improvements, or infrastructure owned by the district pursuant 2232
	3134	+	to this act, to repair and restore any one or more of them, when 2233
	3135	+	needed, and to defray the current expenses of the district, 2234
	3136	+	including any sum which may be required to pay state and county 2235
	3137	+	ad valorem taxes on any lands which may have been purchased and 2236
	3138	+	which are held by the district under the prov isions of this act, 2237
	3139	+	the board of supervisors may, upon the completion of said 2238
	3140	+	systems, facilities, services, works, improvements, or 2239
	3141	+	infrastructure, in whole or in part, as may be certified to the 2240
	3142	+	board by the engineer of the board, levy annually a non -ad 2241
	3143	+	valorem and nonmillage tax upon each tract or parcel of land 2242
	3144	+	within the district, to be known as a "maintenance tax." This 2243
	3145	+	non-ad valorem maintenance tax shall be apportioned upon the 2244
	3146	+	basis of the net assessments of benefits assessed as accruing 2245
	3147	+	from the original construction and shall be evidenced to and 2246
	3148	+	certified by the board of supervisors of the district not later 2247
	3149	+	than June 1 of each year to the Osceola County tax collector and 2248
	3150	+	shall be extended on the tax rolls and collected by the tax 2249
	3151	+	collector on the merged collection roll of the tax collector in 2250
	3152	+
	3153	+	HB 4043 2025
	3154	+
	3155	+
	3156	+
	3157	+	CODING: Words stricken are deletions; words underlined are additions.
	3158	+	hb4043-00
3159	3159		Page 91 of 118
3160	3160		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3161	3161
3162		-	~~collector on~~ the ~~merged c ollection roll of the tax collector in~~ 2251
3163		-	~~the same manner~~ and at the ~~same time as county ad valorem taxes,~~ 2252
3164		-	~~and the proceeds therefrom~~ shall be paid to the ~~district. This~~ 2253
3165		-	~~non-ad valorem maintenance tax shall be a lien until paid on the~~ 2254
3166		-	~~property against which a ssessed~~ and ~~enforceable in like manner~~ 2255
3167		-	and ~~of the same dignity as county ad valorem taxes.~~ 2256
3168		-	~~(d) Maintenance special assessments. To maintain~~ and 2257
3169		-	~~preserve the facilities and projects of the district,~~ ~~the board~~ 2258
3170		-	~~may levy a maintenance special assessment.~~ ~~Thi s assessment may~~ 2259
3171		-	~~be evidenced to~~ and ~~certified to the tax collector by the board~~ 2260
3172		-	~~of supervisors not later than August 31 of each year~~ and ~~shall~~ 2261
3173		-	be ~~entered~~ by the ~~property appraiser on~~ the ~~county tax rolls and~~ 2262
3174		-	~~shall be collected~~ and ~~enforced by the tax coll ector in~~ the same 2263
3175		-	~~manner and at~~ the ~~same time as county taxes~~, ~~and the proceeds~~ 2264
3176		-	~~therefrom~~ shall ~~be paid to~~ the district~~. However,~~ ~~this~~ 2265
3177		-	~~subsection shall not prohibit~~ the ~~district~~ in ~~its discretion~~ 2266
3178		-	~~from using the method prescribed in~~ s. 197.~~363~~, ~~s. 197.3631~~, or 2267
3179		-	s. ~~197.3632, Florida Statutes,~~ ~~for collecting and enforcing~~ 2268
3180		-	~~these assessments.~~ ~~These maintenance special assessments shall~~ 2269
3181		-	be ~~a lien on~~ the ~~property against which assessed until paid and~~ 2270
3182		-	~~shall be enforceable in like manner as county taxes.~~ The ~~amount~~ 2271
3183		-	~~of the maintenance special assessment for the exercise of~~ the 2272
3184		-	district's ~~powers under this section shall be determined by the~~ 2273
3185		-	board ~~based~~ upon ~~a report~~ of the ~~district's engineer and~~ 2274
3186		-	~~assessed~~ by the ~~board upon such lands~~, ~~which may be all of the~~ 2275
3187		-
3188		-	~~CS/~~HB 4043 2025
3189		-
3190		-
3191		-
3192		-	CODING: Words stricken are deletions; words underlined are additions.
3193		-	hb4043-~~01-c1~~
	3162	+	the same manner and at the same time as county ad valorem taxes, 2251
	3163	+	and the proceeds therefrom shall be paid to the district. This 2252
	3164	+	non-ad valorem maintenance tax shall be a lien until paid on the 2253
	3165	+	property against which assessed and enforceable in like manner 2254
	3166	+	and of the same dignity as county ad valorem taxes. 2255
	3167	+	(d) Maintenance special assessments. To maintain and 2256
	3168	+	preserve the facilities and projects of the district, the board 2257
	3169	+	may levy a maintenance special assess ment. This assessment may 2258
	3170	+	be evidenced to and certified to the tax collector by the board 2259
	3171	+	of supervisors not later than August 31 of each year and shall 2260
	3172	+	be entered by the property appraiser on the county tax rolls and 2261
	3173	+	shall be collected and enforced by the tax collector in the same 2262
	3174	+	manner and at the same time as county taxes, and the proceeds 2263
	3175	+	therefrom shall be paid to the district. However, this 2264
	3176	+	subsection shall not prohibit the district in its discretion 2265
	3177	+	from using the method prescribed in s. 197.363, s. 197.3631, or 2266
	3178	+	s. 197.3632, Florida Statutes, for collecting and enforcing 2267
	3179	+	these assessments. These maintenance special assessments shall 2268
	3180	+	be a lien on the property against which assessed until paid and 2269
	3181	+	shall be enforceable in like manner as county taxes. The amount 2270
	3182	+	of the maintenance special assessment for the exercise of the 2271
	3183	+	district's powers under this section shall be determined by the 2272
	3184	+	board based upon a report of the district's engineer and 2273
	3185	+	assessed by the board upon such lands, which may be all of the 2274
	3186	+	lands within the district benefited by the maintenance thereof, 2275
	3187	+
	3188	+	HB 4043 2025
	3189	+
	3190	+
	3191	+
	3192	+	CODING: Words stricken are deletions; words underlined are additions.
	3193	+	hb4043-00
3194	3194		Page 92 of 118
3195	3195		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3196	3196
3197		-	~~lands within~~ the ~~district~~ benefited by the ~~maintenance thereof,~~ 2276
3198		-	~~apportioned between the benefited lands in proportion to the~~ 2277
3199		-	~~benefits received by each tract of land.~~ 2278
3200		-	~~(e)~~ Special assessments. ~~The board may levy and impose~~ 2279
3201		-	~~any special assessments pursuant to this su bsection~~. 2280
3202		-	~~(f) Enforcement~~ of taxes. The ~~collection and enforcement~~ 2281
3203		-	~~of all~~ taxes ~~levied by~~ the ~~district shall be at~~ the ~~same time~~ 2282
3204		-	~~and in like manner as county taxes,~~ and ~~the provisions of the~~ 2283
3205		-	~~laws~~ of ~~Florida relating to the sale of lands for unpaid and~~ 2284
3206		-	delinquent county taxes; the ~~issuance, sale, and delivery of tax~~ 2285
3207		-	~~certificates for such unpaid and delinquent county taxes~~; the 2286
3208		-	~~redemption thereof~~; ~~the issuance to individuals of tax deeds~~ 2287
3209		-	~~based thereon;~~ ~~and all other procedures in connection therewith~~ 2288
3210		-	~~shall be applicable to the district to the same extent as if~~ 2289
3211		-	~~such statutory provisions were expressly set forth herein~~. ~~All~~ 2290
3212		-	~~taxes shall be subject to the same discounts as county~~ taxes. 2291
3213		-	~~(g) When unpaid tax is~~ delinquent~~; penalty.~~ ~~All taxes~~ 2292
3214		-	~~provided for~~ in ~~this act shall become delinquent and bear~~ 2293
3215		-	~~penalties on the amount of such~~ taxes ~~in the same manner as~~ 2294
3216		-	~~county taxes~~. 2295
3217		-	~~(h) Status of assessments. Benefit~~ special assessments, 2296
3218		-	~~maintenance special assessments,~~ and ~~special~~ assessments ~~are~~ 2297
3219		-	~~hereby found and deter mined to be non-ad~~ ~~valorem assessments as~~ 2298
3220		-	~~defined by s. 197.3632, Florida Statutes. Maintenance~~ taxes are 2299
3221		-	~~non-ad valorem taxes~~ and ~~are not special assessments.~~ 2300
3222		-
3223		-	~~CS/~~HB 4043 2025
3224		-
3225		-
3226		-
3227		-	CODING: Words stricken are deletions; words underlined are additions.
3228		-	hb4043-~~01-c1~~
	3197	+	apportioned between the benefited lands in proportion to the 2276
	3198	+	benefits received by each tract of land. 2277
	3199	+	(e) Special assessments. The board may levy and impose 2278
	3200	+	any special assessments pursuant t o this subsection. 2279
	3201	+	(f) Enforcement of taxes. The collection and enforcement 2280
	3202	+	of all taxes levied by the district shall be at the same time 2281
	3203	+	and in like manner as county taxes, and the provisions of the 2282
	3204	+	laws of Florida relating to the sale of lands for unp aid and 2283
	3205	+	delinquent county taxes; the issuance, sale, and delivery of tax 2284
	3206	+	certificates for such unpaid and delinquent county taxes; the 2285
	3207	+	redemption thereof; the issuance to individuals of tax deeds 2286
	3208	+	based thereon; and all other procedures in connection therew ith 2287
	3209	+	shall be applicable to the district to the same extent as if 2288
	3210	+	such statutory provisions were expressly set forth herein. All 2289
	3211	+	taxes shall be subject to the same discounts as county taxes. 2290
	3212	+	(g) When unpaid tax is delinquent; penalty. All taxes 2291
	3213	+	provided for in this act shall become delinquent and bear 2292
	3214	+	penalties on the amount of such taxes in the same manner as 2293
	3215	+	county taxes. 2294
	3216	+	(h) Status of assessments. Benefit special assessments, 2295
	3217	+	maintenance special assessments, and special assessments are 2296
	3218	+	hereby found and determined to be non -ad valorem assessments as 2297
	3219	+	defined by s. 197.3632, Florida Statutes. Maintenance taxes are 2298
	3220	+	non-ad valorem taxes and are not special assessments. 2299
	3221	+	(i) Assessments constitute liens; collection. Any and all 2300
	3222	+
	3223	+	HB 4043 2025
	3224	+
	3225	+
	3226	+
	3227	+	CODING: Words stricken are deletions; words underlined are additions.
	3228	+	hb4043-00
3229	3229		Page 93 of 118
3230	3230		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3231	3231
3232		-	~~(i)~~ Assessments ~~constitute liens; collection. Any and all~~ 2301
3233		-	assessments, ~~including~~ special ~~asse ssments,~~ ~~benefit special~~ 2302
3234		-	~~assessments~~, and ~~maintenance~~ special assessments ~~authorized~~ by 2303
3235		-	~~this section,~~ and ~~including special assessments as defined~~ by 2304
3236		-	~~section 2(2)(z)~~ and ~~granted and~~ authorized by ~~this subsection~~, 2305
3237		-	~~and including maintenance taxes if authoriz ed by general law,~~ 2306
3238		-	~~shall constitute a lien on~~ the ~~property against which assessed~~ 2307
3239		-	~~from~~ the ~~date~~ of ~~levy~~ and ~~imposition thereof until paid, coequal~~ 2308
3240		-	~~with~~ the ~~lien of state, county, municipal, and school board~~ 2309
3241		-	~~taxes~~. ~~These assessments may be collected~~, ~~at the district's~~ 2310
3242		-	~~discretion~~, ~~under authority of s.~~ ~~197.3631, Florida Statutes, as~~ 2311
3243		-	~~amended from time to time~~, ~~by the tax collector pursuant to the~~ 2312
3244		-	~~provisions of ss.~~ ~~197.3632 and 197.3635~~, ~~Florida Statutes,~~ as 2313
3245		-	~~amended from time to time, or~~ in ~~accordance with othe r~~ 2314
3246		-	~~collection measures provided by law. In addition to~~, ~~and not~~ in 2315
3247		-	~~limitation of~~, ~~any powers otherwise set forth herein or in~~ 2316
3248		-	~~general law~~, ~~these assessments may also be enforced pursuant to~~ 2317
3249		-	~~the provisions of chapter 173, Florida Statutes, as amended from~~ 2318
3250		-	~~time to time~~. 2319
3251		-	~~(j) Land owned~~ by ~~governmental entity.~~ ~~Except as~~ 2320
3252		-	~~otherwise provided by law, no levy of ad~~ valorem ~~taxes~~ or ~~non -ad~~ 2321
3253		-	~~valorem assessments under this act or chapter 170 or chapter~~ 2322
3254		-	~~197~~, ~~Florida Statutes~~, ~~as each may be amended from time to time,~~ 2323
3255		-	~~or otherwise,~~ by a ~~board of the district, on property of a~~ 2324
3256		-	~~governmental entity that is subject to a ground lease as~~ 2325
3257		-
3258		-	~~CS/~~HB 4043 2025
3259		-
3260		-
3261		-
3262		-	CODING: Words stricken are deletions; words underlined are additions.
3263		-	hb4043-~~01-c1~~
	3232	+	assessments, including spe cial assessments, benefit special 2301
	3233	+	assessments, and maintenance special assessments authorized by 2302
	3234	+	this section, and including special assessments as defined by 2303
	3235	+	section 2(2)(z) and granted and authorized by this subsection, 2304
	3236	+	and including maintenance taxes if authorized by general law, 2305
	3237	+	shall constitute a lien on the property against which assessed 2306
	3238	+	from the date of levy and imposition thereof until paid, coequal 2307
	3239	+	with the lien of state, county, municipal, and school board 2308
	3240	+	taxes. These assessments may be collecte d, at the district's 2309
	3241	+	discretion, under authority of s. 197.3631, Florida Statutes, as 2310
	3242	+	amended from time to time, by the tax collector pursuant to the 2311
	3243	+	provisions of ss. 197.3632 and 197.3635, Florida Statutes, as 2312
	3244	+	amended from time to time, or in accordance with other 2313
	3245	+	collection measures provided by law. In addition to, and not in 2314
	3246	+	limitation of, any powers otherwise set forth herein or in 2315
	3247	+	general law, these assessments may also be enforced pursuant to 2316
	3248	+	the provisions of chapter 173, Florida Statutes, as amende d from 2317
	3249	+	time to time. 2318
	3250	+	(j) Land owned by governmental entity. Except as 2319
	3251	+	otherwise provided by law, no levy of ad valorem taxes or non -ad 2320
	3252	+	valorem assessments under this act or chapter 170 or chapter 2321
	3253	+	197, Florida Statutes, as each may be amended from time to time, 2322
	3254	+	or otherwise, by a board of the district, on property of a 2323
	3255	+	governmental entity that is subject to a ground lease as 2324
	3256	+	described in s. 190.003(14), Florida Statutes, shall constitute 2325
	3257	+
	3258	+	HB 4043 2025
	3259	+
	3260	+
	3261	+
	3262	+	CODING: Words stricken are deletions; words underlined are additions.
	3263	+	hb4043-00
3264	3264		Page 94 of 118
3265	3265		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3266	3266
3267		-	~~described in s.~~ ~~190.003(14), Florida Statutes,~~ ~~shall constitute~~ 2326
3268		-	~~a lien or encumbrance on the underlying fee interest of such~~ 2327
3269		-	~~governmental entity~~. 2328
3270		-	(13) ~~SPECIAL ASSESSMENTS.~~ 2329
3271		-	~~(a) As an alternative method~~ to ~~the levy and imposition~~ 2330
3272		-	~~of special assessments~~ pursuant to ~~chapter 170~~, Florida 2331
3273		-	Statutes, pursuant to ~~the authority~~ of ~~s. 197.3631~~, ~~Florida~~ 2332
3274		-	~~Statutes~~, ~~or pursuant to other provisions of gene ral law, now~~ or 2333
3275		-	~~hereafter enacted~~, ~~which provide a supplemental means or~~ 2334
3276		-	~~authority to impose~~, levy, and ~~collect special assessments as~~ 2335
3277		-	~~otherwise authorized under this act,~~ the ~~board may levy and~~ 2336
3278		-	~~impose special assessments to finance~~ the ~~exercise of any of its~~ 2337
3279		-	~~powers permitted under this act using the following uniform~~ 2338
3280		-	~~procedures:~~ 2339
3281		-	1. ~~At a noticed meeting,~~ ~~the board of supervisors of~~ the 2340
3282		-	~~district may consider~~ and ~~review an engineer's report on the~~ 2341
3283		-	~~costs of the systems, facilities~~, and ~~services to be provid ed, a~~ 2342
3284		-	~~preliminary special assessment methodology~~, ~~and a preliminary~~ 2343
3285		-	~~roll based on acreage or platted lands, depending upon whether~~ 2344
3286		-	~~platting has occurred.~~ 2345
3287		-	a. The ~~special assessment methodology~~ shall ~~address and~~ 2346
3288		-	~~discuss~~ and ~~the board shall consider whethe r the systems,~~ 2347
3289		-	~~facilities~~, and ~~services being contemplated will result in~~ 2348
3290		-	~~special~~ benefits ~~peculiar to the property~~, ~~different in kind and~~ 2349
3291		-	~~degree than general benefits~~, ~~as a logical connection between~~ 2350
3292		-
3293		-	~~CS/~~HB 4043 2025
3294		-
3295		-
3296		-
3297		-	CODING: Words stricken are deletions; words underlined are additions.
3298		-	hb4043-~~01-c1~~
	3267	+	a lien or encumbrance on the underlying fee interest of such 2326
	3268	+	governmental entity. 2327
	3269	+	(13) SPECIAL ASSESSMENTS. 2328
	3270	+	(a) As an alternative method to the levy and imposition 2329
	3271	+	of special assessments pursuant to chapter 170, Florida 2330
	3272	+	Statutes, pursuant to the authority of s. 197.3631, Florida 2331
	3273	+	Statutes, or pursuant to other provision s of general law, now or 2332
	3274	+	hereafter enacted, which provide a supplemental means or 2333
	3275	+	authority to impose, levy, and collect special assessments as 2334
	3276	+	otherwise authorized under this act, the board may levy and 2335
	3277	+	impose special assessments to finance the exercise o f any of its 2336
	3278	+	powers permitted under this act using the following uniform 2337
	3279	+	procedures: 2338
	3280	+	1. At a noticed meeting, the board of supervisors of the 2339
	3281	+	district may consider and review an engineer's report on the 2340
	3282	+	costs of the systems, facilities, and services to be provided, a 2341
	3283	+	preliminary special assessment methodology, and a preliminary 2342
	3284	+	roll based on acreage or platted lands, depending upon whether 2343
	3285	+	platting has occurred. 2344
	3286	+	a. The special assessment methodology shall address and 2345
	3287	+	discuss and the board shall consid er whether the systems, 2346
	3288	+	facilities, and services being contemplated will result in 2347
	3289	+	special benefits peculiar to the property, different in kind and 2348
	3290	+	degree than general benefits, as a logical connection between 2349
	3291	+	the systems, facilities, and services themselv es and the 2350
	3292	+
	3293	+	HB 4043 2025
	3294	+
	3295	+
	3296	+
	3297	+	CODING: Words stricken are deletions; words underlined are additions.
	3298	+	hb4043-00
3299	3299		Page 95 of 118
3300	3300		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3301	3301
3302		-	~~the systems, facilities~~, and ~~services themselves and th e~~ 2351
3303		-	property, and ~~whether the duty to pay the special assessments by~~ 2352
3304		-	~~the property owners is apportioned~~ in ~~a manner that is fair and~~ 2353
3305		-	~~equitable~~ and ~~not in excess~~ of ~~the special benefit received. It~~ 2354
3306		-	~~shall be fair and equitable to designate a fixed proportion o f~~ 2355
3307		-	~~the annual debt service,~~ ~~together with interest thereon,~~ ~~on the~~ 2356
3308		-	~~aggregate principal amount of bonds issued~~ to ~~finance such~~ 2357
3309		-	~~systems, facilities~~, and ~~services which give rise~~ to ~~unique,~~ 2358
3310		-	~~special, and peculiar benefits to property of~~ the ~~same or~~ 2359
3311		-	~~similar characteristics under~~ the ~~special assessment methodology~~ 2360
3312		-	~~so long as~~ such ~~fixed proportion does not exceed the unique,~~ 2361
3313		-	~~special~~, and ~~peculiar benefits enjoyed by such property from~~ 2362
3314		-	~~such systems,~~ ~~facilities, and services.~~ 2363
3315		-	b. The ~~engineer's cost report shall id entify the nature~~ 2364
3316		-	~~of the proposed systems~~, ~~facilities~~, ~~and services, their~~ 2365
3317		-	~~location, a~~ cost ~~breakdown plus a total estimated cost,~~ 2366
3318		-	~~including cost of construction~~ or ~~reconstruction, labor, and~~ 2367
3319		-	~~materials~~, ~~lands~~, ~~property~~, ~~rights, easements,~~ ~~franchises, or~~ 2368
3320		-	~~systems~~, ~~facilities,~~ and ~~services to be acquired~~, ~~cost of plans~~ 2369
3321		-	~~and specifications, surveys~~ of ~~estimates of costs~~ and ~~revenues,~~ 2370
3322		-	~~costs of engineering, legal~~, and other ~~professional consultation~~ 2371
3323		-	~~services, and other expenses~~ or ~~costs necessary or incident to~~ 2372
3324		-	~~determining the feasibility~~ or ~~practicability of such~~ 2373
3325		-	~~construction~~, ~~reconstruction, or acquisition,~~ ~~administrative~~ 2374
3326		-	~~expenses~~, ~~relationship to the authority~~ and ~~power of the~~ 2375
3327		-
3328		-	~~CS/~~HB 4043 2025
3329		-
3330		-
3331		-
3332		-	CODING: Words stricken are deletions; words underlined are additions.
3333		-	hb4043-~~01-c1~~
	3302	+	property, and whether the duty to pay the special assessments by 2351
	3303	+	the property owners is apportioned in a manner that is fair and 2352
	3304	+	equitable and not in excess of the special benefit received. It 2353
	3305	+	shall be fair and equitable to designate a fixed pro portion of 2354
	3306	+	the annual debt service, together with interest thereon, on the 2355
	3307	+	aggregate principal amount of bonds issued to finance such 2356
	3308	+	systems, facilities, and services which give rise to unique, 2357
	3309	+	special, and peculiar benefits to property of the same or 2358
	3310	+	similar characteristics under the special assessment methodology 2359
	3311	+	so long as such fixed proportion does not exceed the unique, 2360
	3312	+	special, and peculiar benefits enjoyed by such property from 2361
	3313	+	such systems, facilities, and services. 2362
	3314	+	b. The engineer's cost report shall identify the nature 2363
	3315	+	of the proposed systems, facilities, and services, their 2364
	3316	+	location, a cost breakdown plus a total estimated cost, 2365
	3317	+	including cost of construction or reconstruction, labor, and 2366
	3318	+	materials, lands, property, rights, easements, franchis es, or 2367
	3319	+	systems, facilities, and services to be acquired, cost of plans 2368
	3320	+	and specifications, surveys of estimates of costs and revenues, 2369
	3321	+	costs of engineering, legal, and other professional consultation 2370
	3322	+	services, and other expenses or costs necessary or incid ent to 2371
	3323	+	determining the feasibility or practicability of such 2372
	3324	+	construction, reconstruction, or acquisition, administrative 2373
	3325	+	expenses, relationship to the authority and power of the 2374
	3326	+	district in its charter, and such other expenses or costs as may 2375
	3327	+
	3328	+	HB 4043 2025
	3329	+
	3330	+
	3331	+
	3332	+	CODING: Words stricken are deletions; words underlined are additions.
	3333	+	hb4043-00
3334	3334		Page 96 of 118
3335	3335		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3336	3336
3337		-	~~district in its charter, and such other expenses~~ or ~~costs as may~~ 2376
3338		-	~~be necessary or incid ent to~~ the ~~financing to be authorized by~~ 2377
3339		-	the ~~board of supervisors.~~ 2378
3340		-	c. The ~~preliminary special~~ assessment ~~roll will~~ be in 2379
3341		-	~~accordance with~~ the assessment ~~methodology as may~~ be ~~adopted by~~ 2380
3342		-	~~the board of supervisors;~~ the ~~special assessment roll shall be~~ 2381
3343		-	~~completed as promptly as possible~~ and ~~shall show~~ the ~~acreage,~~ 2382
3344		-	~~lots, lands,~~ ~~or plats assessed~~ and ~~the amount of the fairly and~~ 2383
3345		-	~~reasonably apportioned assessment based on special~~ and ~~peculiar~~ 2384
3346		-	~~benefit to~~ the ~~property,~~ lot, parcel, or ~~acreage of land; and,~~ 2385
3347		-	if the ~~special assessment against such lot, parcel, acreage, or~~ 2386
3348		-	~~portion of land~~ is ~~to be paid in installments, the number of~~ 2387
3349		-	~~annual installments in which~~ the special assessment ~~is divided~~ 2388
3350		-	~~shall be entered into and shown upon the special assessment~~ 2389
3351		-	~~roll~~. 2390
3352		-	2. ~~The board of supervisors of the district may determine~~ 2391
3353		-	and ~~declare by an initial~~ special ~~assessment resolution~~ to ~~levy~~ 2392
3354		-	~~and assess~~ the ~~special assessments with respect to assessable~~ 2393
3355		-	~~improvements stating the nature of the systems~~, ~~facilities~~, ~~and~~ 2394
3356		-	~~services,~~ improvements, ~~projects, or infrastructure constituting~~ 2395
3357		-	~~such assessable improvements~~, the information in the ~~engineer's~~ 2396
3358		-	~~cost report,~~ the ~~information in~~ the ~~special assessment~~ 2397
3359		-	~~methodology~~ as ~~determined by~~ the ~~board at~~ the ~~noticed meeting~~ 2398
3360		-	~~and referencing and incorp orating as part of~~ the ~~resolution the~~ 2399
3361		-	~~engineer's cost report,~~ the preliminary special assessment 2400
3362		-
3363		-	~~CS/~~HB 4043 2025
3364		-
3365		-
3366		-
3367		-	CODING: Words stricken are deletions; words underlined are additions.
3368		-	hb4043-~~01-c1~~
	3337	+	be necessary or incident to the financing to be authorized by 2376
	3338	+	the board of supervisors. 2377
	3339	+	c. The preliminary special assessment roll will be in 2378
	3340	+	accordance with the assessment methodology as may be adopted by 2379
	3341	+	the board of supervisors; the special assessment roll shall be 2380
	3342	+	completed as promptly as possible and shall show the acreage, 2381
	3343	+	lots, lands, or plats assessed and the amount of the fairly and 2382
	3344	+	reasonably apportioned assessment based on special and peculiar 2383
	3345	+	benefit to the property, lot, parcel, or acreage of land; and, 2384
	3346	+	if the special assessment against such lot, parcel, acreage, or 2385
	3347	+	portion of land is to be paid in installments, the number of 2386
	3348	+	annual installments in which the special assessment is divided 2387
	3349	+	shall be entered into and shown upon the special assessment 2388
	3350	+	roll. 2389
	3351	+	2. The board of supervisors of the district may determine 2390
	3352	+	and declare by an initial special assessment resolution to levy 2391
	3353	+	and assess the special assessments with respect to assessable 2392
	3354	+	improvements stating the nature of the systems, facilities, and 2393
	3355	+	services, improvements, projects, or infrastructure constituting 2394
	3356	+	such assessable improvements, the information in the engineer's 2395
	3357	+	cost report, the information in the special assessment 2396
	3358	+	methodology as determined by the board at the noticed meeting 2397
	3359	+	and referencing and incorporating as part of the resolution the 2398
	3360	+	engineer's cost report, the preliminary special assessment 2399
	3361	+	methodology, and the preliminary special assessment roll as 2400
	3362	+
	3363	+	HB 4043 2025
	3364	+
	3365	+
	3366	+
	3367	+	CODING: Words stricken are deletions; words underlined are additions.
	3368	+	hb4043-00
3369	3369		Page 97 of 118
3370	3370		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3371	3371
3372		-	~~methodology, and~~ the ~~preliminary special assessment roll as~~ 2401
3373		-	~~referenced exhibits~~ to the ~~resolution~~ by ~~reference. If~~ the ~~board~~ 2402
3374		-	~~determines to declare and levy~~ the ~~special assessments by the~~ 2403
3375		-	~~initial special assessment~~ resolution~~, the board~~ shall ~~also~~ 2404
3376		-	~~adopt and declare a notice~~ resolution ~~which shall provide and~~ 2405
3377		-	~~cause the initial special assessment resolution to be published~~ 2406
3378		-	~~once a week for a period of 2 weeks~~ in ~~new spapers of general~~ 2407
3379		-	~~circulation published in Osceola County~~ and ~~said board shall by~~ 2408
3380		-	~~the same resolution fix a time and place at which~~ the ~~owner~~ or 2409
3381		-	~~owners of the property to~~ be ~~assessed or any other persons~~ 2410
3382		-	~~interested therein may appear before said board~~ and ~~be heard as~~ 2411
3383		-	to the ~~propriety and advisability~~ of ~~making such improvements~~, 2412
3384		-	~~as to the costs thereof,~~ as to the ~~manner of payment therefor,~~ 2413
3385		-	~~and as to the amount thereof to be assessed against each~~ 2414
3386		-	~~property so improved.~~ ~~Thirty days'~~ ~~notice in writing of~~ such 2415
3387		-	~~time~~ and ~~place shall be given to such property owners. The~~ 2416
3388		-	~~notice~~ shall ~~include the amount of the special assessment and~~ 2417
3389		-	~~shall be served by mailing a copy to each assessed property~~ 2418
3390		-	~~owner at his or her last known address,~~ the ~~names and addresses~~ 2419
3391		-	~~of such~~ property ~~owners to be obtained from the record~~ of the 2420
3392		-	~~property appraiser of~~ the ~~county political subdivision in which~~ 2421
3393		-	~~the land is located~~ or ~~from~~ such ~~other sources as the district~~ 2422
3394		-	manager or ~~engineer deems reliable, and proof of such mailing~~ 2423
3395		-	~~shall be made~~ by the ~~affidavit of the manager of~~ the district or 2424
3396		-	~~by the engineer,~~ said ~~proof to be filed with the district~~ 2425
3397		-
3398		-	~~CS/~~HB 4043 2025
3399		-
3400		-
3401		-
3402		-	CODING: Words stricken are deletions; words underlined are additions.
3403		-	hb4043-~~01-c1~~
	3372	+	referenced exhibits to the resolution by reference. If the board 2401
	3373	+	determines to declare and levy the special assessments by the 2402
	3374	+	initial special assessment resolution, the board shall also 2403
	3375	+	adopt and declare a notice resolution which shall provide and 2404
	3376	+	cause the initial special assessment resolution to be published 2405
	3377	+	once a week for a period of 2 wee ks in newspapers of general 2406
	3378	+	circulation published in Osceola County and said board shall by 2407
	3379	+	the same resolution fix a time and place at which the owner or 2408
	3380	+	owners of the property to be assessed or any other persons 2409
	3381	+	interested therein may appear before said board and be heard as 2410
	3382	+	to the propriety and advisability of making such improvements, 2411
	3383	+	as to the costs thereof, as to the manner of payment therefor, 2412
	3384	+	and as to the amount thereof to be assessed against each 2413
	3385	+	property so improved. Thirty days' notice in writin g of such 2414
	3386	+	time and place shall be given to such property owners. The 2415
	3387	+	notice shall include the amount of the special assessment and 2416
	3388	+	shall be served by mailing a copy to each assessed property 2417
	3389	+	owner at his or her last known address, the names and addresses 2418
	3390	+	of such property owners to be obtained from the record of the 2419
	3391	+	property appraiser of the county political subdivision in which 2420
	3392	+	the land is located or from such other sources as the district 2421
	3393	+	manager or engineer deems reliable, and proof of such mailing 2422
	3394	+	shall be made by the affidavit of the manager of the district or 2423
	3395	+	by the engineer, said proof to be filed with the district 2424
	3396	+	manager, provided that failure to mail said notice or notices 2425
	3397	+
	3398	+	HB 4043 2025
	3399	+
	3400	+
	3401	+
	3402	+	CODING: Words stricken are deletions; words underlined are additions.
	3403	+	hb4043-00
3404	3404		Page 98 of 118
3405	3405		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3406	3406
3407		-	~~manager, provided that failure to mail said notice or notices~~ 2426
3408		-	~~shall not invalidate any of~~ the ~~proceedings hereunder.~~ ~~It is~~ 2427
3409		-	~~provided further that~~ the ~~last publication shall be at least 1~~ 2428
3410		-	~~week prior to~~ the ~~date of the hearing on the final special~~ 2429
3411		-	~~assessment resolution.~~ ~~Said notice shall describe~~ the ~~general~~ 2430
3412		-	~~areas~~ to be ~~improved~~ and ~~advise all persons interested that the~~ 2431
3413		-	~~description~~ of ~~each~~ property ~~to b e assessed and the amount to~~ be 2432
3414		-	~~assessed to each piece, parcel, lot, or acre~~ of ~~property may be~~ 2433
3415		-	~~ascertained at~~ the ~~office~~ of the ~~manager of the district. Such~~ 2434
3416		-	~~service by publication shall be verified by~~ the ~~affidavit~~ of the 2435
3417		-	~~publisher and filed~~ with ~~the man ager of the district. Moreover~~, 2436
3418		-	~~the initial special assessment resolution with its attached,~~ 2437
3419		-	~~referenced~~, and ~~incorporated engineer's cost report, preliminary~~ 2438
3420		-	~~special~~ assessment ~~methodology~~, ~~and preliminary special~~ 2439
3421		-	~~assessment roll,~~ ~~along with~~ the ~~notice res olution,~~ ~~shall be~~ 2440
3422		-	~~available for public inspection at~~ the office of the ~~manager and~~ 2441
3423		-	~~the office~~ of ~~the engineer or any other office designated by~~ the 2442
3424		-	~~board~~ of ~~supervisors in~~ the ~~notice resolution.~~ ~~Notwithstanding~~ 2443
3425		-	~~the foregoing,~~ the ~~landowners~~ of ~~all of the p roperty which is~~ 2444
3426		-	~~proposed to be assessed may give the district written~~ notice of 2445
3427		-	~~waiver of any~~ notice and publication ~~provided for in this~~ 2446
3428		-	~~subparagraph and such notice and publication shall not be~~ 2447
3429		-	~~required, provided,~~ ~~however, that any meeting of the board of~~ 2448
3430		-	~~supervisors to consider such resolution shall be a publicly~~ 2449
3431		-	noticed ~~meeting.~~ 2450
3432		-
3433		-	~~CS/~~HB 4043 2025
3434		-
3435		-
3436		-
3437		-	CODING: Words stricken are deletions; words underlined are additions.
3438		-	hb4043-~~01-c1~~
	3407	+	shall not invalidate any of the proceedings hereunder. It is 2426
	3408	+	provided further that the last publication shall be at least 1 2427
	3409	+	week prior to the date of the hearing on the final special 2428
	3410	+	assessment resolution. Said notice shall describe the general 2429
	3411	+	areas to be improved and advise all persons interested that the 2430
	3412	+	description of each prop erty to be assessed and the amount to be 2431
	3413	+	assessed to each piece, parcel, lot, or acre of property may be 2432
	3414	+	ascertained at the office of the manager of the district. Such 2433
	3415	+	service by publication shall be verified by the affidavit of the 2434
	3416	+	publisher and filed wit h the manager of the district. Moreover, 2435
	3417	+	the initial special assessment resolution with its attached, 2436
	3418	+	referenced, and incorporated engineer's cost report, preliminary 2437
	3419	+	special assessment methodology, and preliminary special 2438
	3420	+	assessment roll, along with the n otice resolution, shall be 2439
	3421	+	available for public inspection at the office of the manager and 2440
	3422	+	the office of the engineer or any other office designated by the 2441
	3423	+	board of supervisors in the notice resolution. Notwithstanding 2442
	3424	+	the foregoing, the landowners of all of the property which is 2443
	3425	+	proposed to be assessed may give the district written notice of 2444
	3426	+	waiver of any notice and publication provided for in this 2445
	3427	+	subparagraph and such notice and publication shall not be 2446
	3428	+	required, provided, however, that any meeting of t he board of 2447
	3429	+	supervisors to consider such resolution shall be a publicly 2448
	3430	+	noticed meeting. 2449
	3431	+	3. At the time and place named in the noticed resolution 2450
	3432	+
	3433	+	HB 4043 2025
	3434	+
	3435	+
	3436	+
	3437	+	CODING: Words stricken are deletions; words underlined are additions.
	3438	+	hb4043-00
3439	3439		Page 99 of 118
3440	3440		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3441	3441
3442		-	3. At the ~~time and place named in the noticed resolution~~ 2451
3443		-	~~as provided for in subparagraph 2.,~~ the ~~board of supervisors of~~ 2452
3444		-	the ~~district shall meet~~ and ~~hear testimony from affe cted~~ 2453
3445		-	~~property owners as to~~ the ~~propriety and advisability of making~~ 2454
3446		-	~~the systems~~, ~~facilities, services,~~ ~~projects, works,~~ 2455
3447		-	~~improvements, or infrastructure and funding them with~~ 2456
3448		-	~~assessments referenced in~~ the ~~initial special assessment~~ 2457
3449		-	~~resolution on~~ the ~~propert y. Following~~ the ~~testimony and~~ 2458
3450		-	~~questions from~~ the ~~members~~ of the ~~board or any professional~~ 2459
3451		-	~~advisors to~~ the ~~district of~~ the ~~preparers of the engineer's cost~~ 2460
3452		-	~~report~~, the ~~special assessment methodology,~~ ~~and the special~~ 2461
3453		-	~~assessment roll,~~ the ~~board of supervisor s shall make a final~~ 2462
3454		-	~~decision on whether to levy and assess~~ the ~~particular special~~ 2463
3455		-	~~assessments. Thereafter, the~~ board ~~of supervisors shall meet as~~ 2464
3456		-	~~an equalizing board~~ to ~~hear~~ and ~~to consider any and all~~ 2465
3457		-	~~complaints as to~~ the ~~particular~~ special assessments ~~a nd shall~~ 2466
3458		-	~~adjust and equalize~~ the ~~special assessments to ensure proper~~ 2467
3459		-	~~assessment based on the benefit conferred on the property.~~ 2468
3460		-	~~4. When so equalized and approved~~ by ~~resolution or~~ 2469
3461		-	~~ordinance by the board of supervisors~~, ~~to be called the~~ final 2470
3462		-	~~special assessment resolution,~~ ~~a final~~ special ~~assessment roll~~ 2471
3463		-	shall ~~be filed with the clerk of the board~~ and ~~such special~~ 2472
3464		-	~~assessment shall stand confirmed and remain legal,~~ ~~valid, and~~ 2473
3465		-	~~binding~~ first ~~liens on the property against which such special~~ 2474
3466		-	~~assessments are made until paid,~~ ~~equal in dignity to the first~~ 2475
3467		-
3468		-	~~CS/~~HB 4043 2025
3469		-
3470		-
3471		-
3472		-	CODING: Words stricken are deletions; words underlined are additions.
3473		-	hb4043-~~01-c1~~
	3442	+	as provided for in subparagraph 2., the board of supervisors of 2451
	3443	+	the district shall meet and hear testimony from affected 2452
	3444	+	property owners as to the propriety and advisability of making 2453
	3445	+	the systems, facilities, services, projects, works, 2454
	3446	+	improvements, or infrastructure and funding them with 2455
	3447	+	assessments referenced in the initial special assessment 2456
	3448	+	resolution on the property. Following the testimony and 2457
	3449	+	questions from the members of the board or any professional 2458
	3450	+	advisors to the district of the preparers of the engineer's cost 2459
	3451	+	report, the special assessment methodology, and the special 2460
	3452	+	assessment roll, the board of s upervisors shall make a final 2461
	3453	+	decision on whether to levy and assess the particular special 2462
	3454	+	assessments. Thereafter, the board of supervisors shall meet as 2463
	3455	+	an equalizing board to hear and to consider any and all 2464
	3456	+	complaints as to the particular special asse ssments and shall 2465
	3457	+	adjust and equalize the special assessments to ensure proper 2466
	3458	+	assessment based on the benefit conferred on the property. 2467
	3459	+	4. When so equalized and approved by resolution or 2468
	3460	+	ordinance by the board of supervisors, to be called the final 2469
	3461	+	special assessment resolution, a final special assessment roll 2470
	3462	+	shall be filed with the clerk of the board and such special 2471
	3463	+	assessment shall stand confirmed and remain legal, valid, and 2472
	3464	+	binding first liens on the property against which such special 2473
	3465	+	assessments are made until paid, equal in dignity to the first 2474
	3466	+	liens of ad valorem taxation of county and municipal governments 2475
	3467	+
	3468	+	HB 4043 2025
	3469	+
	3470	+
	3471	+
	3472	+	CODING: Words stricken are deletions; words underlined are additions.
	3473	+	hb4043-00
3474	3474		Page 100 of 118
3475	3475		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3476	3476
3477		-	~~liens~~ of ~~ad valorem taxation of county and municipal governments~~ 2476
3478		-	~~and school boards. However~~, ~~upon completion of the systems,~~ 2477
3479		-	~~facilities~~, ~~service, project,~~ ~~improvement, works,~~ or 2478
3480		-	~~infrastructure,~~ the ~~district shall credit to each of~~ the 2479
3481		-	~~assessments the difference in the special assessment as~~ 2480
3482		-	~~originally made,~~ ~~approved, levied,~~ ~~assessed, and confirmed and~~ 2481
3483		-	~~the proportionate part of~~ the ~~actual cost of the~~ 2482
3484		-	~~improvement to be paid by~~ the ~~particular special assessments as~~ 2483
3485		-	~~finally determined upon~~ the ~~completion of~~ the ~~improvement; but~~ 2484
3486		-	~~in no event shall~~ the ~~final~~ special ~~assessment exceed the amount~~ 2485
3487		-	of the ~~special and peculiar benefits as apportioned fairly and~~ 2486
3488		-	~~reasonably to the property from the system,~~ ~~facility, or service~~ 2487
3489		-	~~being provided as originally assessed.~~ ~~Promptly after such~~ 2488
3490		-	~~confirmation,~~ the ~~special assessment shall be recorded by~~ the 2489
3491		-	~~clerk~~ of the ~~district~~ in ~~the~~ minutes ~~of the proceedings of the~~ 2490
3492		-	~~district, and~~ the ~~record of the lien in this set of minutes~~ 2491
3493		-	~~shall constitute prima facie evidence of~~ its ~~validity. The board~~ 2492
3494		-	of ~~supervisors, in its sole discretion, may, by resolution grant~~ 2493
3495		-	~~a discount equal to all or a part~~ of the ~~payee's proportionate~~ 2494
3496		-	~~share of the cost of the project consisting of~~ bond ~~financing~~ 2495
3497		-	cost, ~~such as capitalized interest, funded reserves, and bond~~ 2496
3498		-	~~discounts included~~ in ~~the estimated cost~~ of ~~the project,~~ ~~upon~~ 2497
3499		-	~~payment in full of any special assessments during~~ such ~~period~~ 2498
3500		-	~~prior to~~ the ~~time~~ such ~~financing costs are incurred as may be~~ 2499
3501		-	~~specified by the boar d of supervisors~~ in ~~such resolution.~~ 2500
3502		-
3503		-	~~CS/~~HB 4043 2025
3504		-
3505		-
3506		-
3507		-	CODING: Words stricken are deletions; words underlined are additions.
3508		-	hb4043-~~01-c1~~
	3477	+	and school boards. However, upon completion of the systems, 2476
	3478	+	facilities, service, project, improvement, works, or 2477
	3479	+	infrastructure, the distr ict shall credit to each of the 2478
	3480	+	assessments the difference in the special assessment as 2479
	3481	+	originally made, approved, levied, assessed, and confirmed and 2480
	3482	+	the proportionate part of the actual cost of the 2481
	3483	+	improvement to be paid by the particular special assess ments as 2482
	3484	+	finally determined upon the completion of the improvement; but 2483
	3485	+	in no event shall the final special assessment exceed the amount 2484
	3486	+	of the special and peculiar benefits as apportioned fairly and 2485
	3487	+	reasonably to the property from the system, facility, or service 2486
	3488	+	being provided as originally assessed. Promptly after such 2487
	3489	+	confirmation, the special assessment shall be recorded by the 2488
	3490	+	clerk of the district in the minutes of the proceedings of the 2489
	3491	+	district, and the record of the lien in this set of minutes 2490
	3492	+	shall constitute prima facie evidence of its validity. The board 2491
	3493	+	of supervisors, in its sole discretion, may, by resolution grant 2492
	3494	+	a discount equal to all or a part of the payee's proportionate 2493
	3495	+	share of the cost of the project consisting of bond financing 2494
	3496	+	cost, such as capitalized interest, funded reserves, and bond 2495
	3497	+	discounts included in the estimated cost of the project, upon 2496
	3498	+	payment in full of any special assessments during such period 2497
	3499	+	prior to the time such financing costs are incurred as may be 2498
	3500	+	specified by the board of supervisors in such resolution. 2499
	3501	+	5. District special assessments may be made payable in 2500
	3502	+
	3503	+	HB 4043 2025
	3504	+
	3505	+
	3506	+
	3507	+	CODING: Words stricken are deletions; words underlined are additions.
	3508	+	hb4043-00
3509	3509		Page 101 of 118
3510	3510		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3511	3511
3512		-	5. ~~District special assessments may be made payable in~~ 2501
3513		-	~~installments over no more than 40 years from the date~~ of the 2502
3514		-	~~payment of the first installment thereof and may bear interest~~ 2503
3515		-	~~at fixed~~ or ~~variable rates.~~ 2504
3516		-	~~(b) Notwithstanding any provision~~ of ~~this act or chapter~~ 2505
3517		-	~~170, Florida~~ Statutes, that ~~portion of s.~~ ~~170.09, Florida~~ 2506
3518		-	~~Statutes, that provides that special assessments may be paid~~ 2507
3519		-	~~without interest at any time within 30 days after~~ the 2508
3520		-	~~improvement is completed and a resolution accepting~~ the ~~same has~~ 2509
3521		-	~~been adopted by the governing authority shall not be applicable~~ 2510
3522		-	to ~~any district special assessments,~~ ~~whether imposed,~~ ~~levied,~~ 2511
3523		-	~~and collected pursuant to the~~ provisions of ~~this act or other~~ 2512
3524		-	~~provisions of~~ Florida ~~law, i ncluding, but not limited to,~~ 2513
3525		-	~~chapter 170~~, ~~Florida Statutes.~~ 2514
3526		-	~~(c) In addition,~~ the ~~district is authorized expressly in~~ 2515
3527		-	~~the exercise of its rulemaking power to adopt a rule~~ or ~~rules~~ 2516
3528		-	~~which provides or provide for notice~~, ~~levy, imposition,~~ 2517
3529		-	~~equalization, and collection~~ of ~~assessments.~~ 2518
3530		-	~~(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON~~ 2519
3531		-	ASSESSMENTS ~~FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.~~ 2520
3532		-	~~(a) The board may, after any~~ special assessments or 2521
3533		-	~~benefit special assessments for assessable improvements a re~~ 2522
3534		-	~~made, determined,~~ ~~and confirmed as provided in this act, issue~~ 2523
3535		-	~~certificates of indebtedness for~~ the ~~amount so assessed against~~ 2524
3536		-	~~the abutting property or property otherwise benefited~~, ~~as the~~ 2525
3537		-
3538		-	~~CS/~~HB 4043 2025
3539		-
3540		-
3541		-
3542		-	CODING: Words stricken are deletions; words underlined are additions.
3543		-	hb4043-~~01-c1~~
	3512	+	installments over no more than 40 years from the date of the 2501
	3513	+	payment of the first installment thereof and may bear interest 2502
	3514	+	at fixed or variable rates. 2503
	3515	+	(b) Notwithstanding any provision of this act or chapter 2504
	3516	+	170, Florida Statutes, that portion of s. 170.09, Florida 2505
	3517	+	Statutes, that provides that special assessments may be paid 2506
	3518	+	without interest at any time within 30 days after the 2507
	3519	+	improvement is complete d and a resolution accepting the same has 2508
	3520	+	been adopted by the governing authority shall not be applicable 2509
	3521	+	to any district special assessments, whether imposed, levied, 2510
	3522	+	and collected pursuant to the provisions of this act or other 2511
	3523	+	provisions of Florida law, including, but not limited to, 2512
	3524	+	chapter 170, Florida Statutes. 2513
	3525	+	(c) In addition, the district is authorized expressly in 2514
	3526	+	the exercise of its rulemaking power to adopt a rule or rules 2515
	3527	+	which provides or provide for notice, levy, imposition, 2516
	3528	+	equalization, and collection of assessments. 2517
	3529	+	(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON 2518
	3530	+	ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS. 2519
	3531	+	(a) The board may, after any special assessments or 2520
	3532	+	benefit special assessments for assessable improvements are 2521
	3533	+	made, determined, and confirmed as provided in this act, issue 2522
	3534	+	certificates of indebtedness for the amount so assessed against 2523
	3535	+	the abutting property or property otherwise benefited, as the 2524
	3536	+	case may be, and separate certificates shall be issued against 2525
	3537	+
	3538	+	HB 4043 2025
	3539	+
	3540	+
	3541	+
	3542	+	CODING: Words stricken are deletions; words underlined are additions.
	3543	+	hb4043-00
3544	3544		Page 102 of 118
3545	3545		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3546	3546
3547		-	~~case may be~~, ~~and separate certificates shall be issued against~~ 2526
3548		-	~~each part or parcel~~ of ~~land or property assessed, which~~ 2527
3549		-	certificates shall ~~state the general nature of the improvement~~ 2528
3550		-	~~for which~~ the ~~assessment is made. The certificates shall be~~ 2529
3551		-	~~payable in annual~~ installments ~~in accordance with~~ the 2530
3552		-	~~installments of~~ the ~~spec ial assessment for which they are~~ 2531
3553		-	~~issued.~~ The ~~board may determine the interest to be borne~~ by ~~such~~ 2532
3554		-	~~certificates~~, ~~not to exceed the maximum rate allowed by general~~ 2533
3555		-	~~law~~, and ~~may sell such certificates at either private or public~~ 2534
3556		-	~~sale and determine~~ the ~~form, manner of execution, and other~~ 2535
3557		-	~~details of such certificates.~~ The ~~certificates shall recite that~~ 2536
3558		-	~~they are payable only~~ from the ~~special assessments levied and~~ 2537
3559		-	~~collected from~~ the ~~part or parcel~~ of ~~land or property against~~ 2538
3560		-	~~which they are issued.~~ The ~~proceeds~~ of ~~such certificates may be~~ 2539
3561		-	~~pledged for the payment of principal of and interest on any~~ 2540
3562		-	~~revenue bonds~~ or ~~general obligation bonds issued to finance in~~ 2541
3563		-	~~whole~~ or ~~in part~~ such ~~assessable improvement, or, if not so~~ 2542
3564		-	~~pledged, may be used to pay the cost or part of the cost of such~~ 2543
3565		-	~~assessable improvements.~~ 2544
3566		-	~~(b) The district may also issue assessment~~ bonds, ~~revenue~~ 2545
3567		-	~~bonds, or other obligations payable from a special fund into~~ 2546
3568		-	~~which~~ such certificates of indebtedness ~~referred to in paragraph~~ 2547
3569		-	~~(a)~~ may ~~be deposited or, if~~ such ~~certificates of indebtedness~~ 2548
3570		-	~~have not been issued,~~ the ~~district may assign to~~ such ~~special~~ 2549
3571		-	~~fund~~ for ~~the benefit of~~ the ~~holders of such assessment bonds or~~ 2550
3572		-
3573		-	~~CS/~~HB 4043 2025
3574		-
3575		-
3576		-
3577		-	CODING: Words stricken are deletions; words underlined are additions.
3578		-	hb4043-~~01-c1~~
	3547	+	each part or parcel of land or property assessed, which 2526
	3548	+	certificates shall state the general nature of the improvement 2527
	3549	+	for which the assessment is made. The certificates shall be 2528
	3550	+	payable in annual installments in accordance with the 2529
	3551	+	installments of the sp ecial assessment for which they are 2530
	3552	+	issued. The board may determine the interest to be borne by such 2531
	3553	+	certificates, not to exceed the maximum rate allowed by general 2532
	3554	+	law, and may sell such certificates at either private or public 2533
	3555	+	sale and determine the form , manner of execution, and other 2534
	3556	+	details of such certificates. The certificates shall recite that 2535
	3557	+	they are payable only from the special assessments levied and 2536
	3558	+	collected from the part or parcel of land or property against 2537
	3559	+	which they are issued. The proceed s of such certificates may be 2538
	3560	+	pledged for the payment of principal of and interest on any 2539
	3561	+	revenue bonds or general obligation bonds issued to finance in 2540
	3562	+	whole or in part such assessable improvement, or, if not so 2541
	3563	+	pledged, may be used to pay the cost or par t of the cost of such 2542
	3564	+	assessable improvements. 2543
	3565	+	(b) The district may also issue assessment bonds, revenue 2544
	3566	+	bonds, or other obligations payable from a special fund into 2545
	3567	+	which such certificates of indebtedness referred to in paragraph 2546
	3568	+	(a) may be deposited or, if such certificates of indebtedness 2547
	3569	+	have not been issued, the district may assign to such special 2548
	3570	+	fund for the benefit of the holders of such assessment bonds or 2549
	3571	+	other obligations, or to a trustee for such bondholders, the 2550
	3572	+
	3573	+	HB 4043 2025
	3574	+
	3575	+
	3576	+
	3577	+	CODING: Words stricken are deletions; words underlined are additions.
	3578	+	hb4043-00
3579	3579		Page 103 of 118
3580	3580		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3581	3581
3582		-	~~other obligations,~~ ~~or to a trustee~~ for such ~~bondholders, the~~ 2551
3583		-	assessment liens ~~provided for in this act unless such~~ 2552
3584		-	~~certificates of indebted ness~~ or ~~assessment liens have been~~ 2553
3585		-	~~theretofore pledged for any bonds or other obligations~~ 2554
3586		-	~~authorized hereunder.~~ In the ~~event of the creation~~ of such 2555
3587		-	~~special fund and~~ the ~~issuance~~ of such ~~assessment bonds or other~~ 2556
3588		-	~~obligations,~~ the ~~proceeds of such certifica tes of indebtedness~~ 2557
3589		-	or assessment ~~liens deposited therein shall be used only for the~~ 2558
3590		-	~~payment of~~ the ~~assessment bonds or other obligations issued as~~ 2559
3591		-	~~provided in this section.~~ The ~~district is authorized to covenant~~ 2560
3592		-	~~with the holders of such assessment bonds,~~ ~~revenue bonds, or~~ 2561
3593		-	~~other obligations that it will diligently~~ and ~~faithfully enforce~~ 2562
3594		-	~~and collect all the special assessments~~, ~~and interest and~~ 2563
3595		-	~~penalties thereon,~~ ~~for which~~ such ~~certificates of indebtedness~~ 2564
3596		-	or assessment liens ~~have been deposited in or assign ed~~ to such 2565
3597		-	fund~~; to foreclose such assessment liens so assigned to such~~ 2566
3598		-	special fund ~~or represented by the certificates of indebtedness~~ 2567
3599		-	~~deposited in~~ the ~~special fund,~~ ~~after~~ such ~~assessment liens have~~ 2568
3600		-	~~become delinquent,~~ and ~~deposit the proceeds derived from~~ such 2569
3601		-	~~foreclosure, including interest~~ and ~~penalties, in such special~~ 2570
3602		-	~~fund; and~~ to ~~make any other covenants deemed necessary or~~ 2571
3603		-	~~advisable in order to properly secure the holders of such~~ 2572
3604		-	assessment bonds or other ~~obligations.~~ 2573
3605		-	~~(c) The assessment bonds,~~ ~~rev enue bonds, or other~~ 2574
3606		-	~~obligations issued pursuant to this section~~ shall ~~have such~~ 2575
3607		-
3608		-	~~CS/~~HB 4043 2025
3609		-
3610		-
3611		-
3612		-	CODING: Words stricken are deletions; words underlined are additions.
3613		-	hb4043-~~01-c1~~
	3582	+	assessment liens provided for in this act unless such 2551
	3583	+	certificates of indebted ness or assessment liens have been 2552
	3584	+	theretofore pledged for any bonds or other obligations 2553
	3585	+	authorized hereunder. In the event of the creation of such 2554
	3586	+	special fund and the issuance of such assessment bonds or other 2555
	3587	+	obligations, the proceeds of such certifica tes of indebtedness 2556
	3588	+	or assessment liens deposited therein shall be used only for the 2557
	3589	+	payment of the assessment bonds or other obligations issued as 2558
	3590	+	provided in this section. The district is authorized to covenant 2559
	3591	+	with the holders of such assessment bonds, revenue bonds, or 2560
	3592	+	other obligations that it will diligently and faithfully enforce 2561
	3593	+	and collect all the special assessments, and interest and 2562
	3594	+	penalties thereon, for which such certificates of indebtedness 2563
	3595	+	or assessment liens have been deposited in or assign ed to such 2564
	3596	+	fund; to foreclose such assessment liens so assigned to such 2565
	3597	+	special fund or represented by the certificates of indebtedness 2566
	3598	+	deposited in the special fund, after such assessment liens have 2567
	3599	+	become delinquent, and deposit the proceeds derived from such 2568
	3600	+	foreclosure, including interest and penalties, in such special 2569
	3601	+	fund; and to make any other covenants deemed necessary or 2570
	3602	+	advisable in order to properly secure the holders of such 2571
	3603	+	assessment bonds or other obligations. 2572
	3604	+	(c) The assessment bonds, rev enue bonds, or other 2573
	3605	+	obligations issued pursuant to this section shall have such 2574
	3606	+	dates of issue and maturity as shall be deemed advisable by the 2575
	3607	+
	3608	+	HB 4043 2025
	3609	+
	3610	+
	3611	+
	3612	+	CODING: Words stricken are deletions; words underlined are additions.
	3613	+	hb4043-00
3614	3614		Page 104 of 118
3615	3615		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3616	3616
3617		-	~~dates~~ of ~~issue and maturity as shall be deemed advisable by the~~ 2576
3618		-	~~board; however,~~ the ~~maturities~~ of ~~such assessment bonds or other~~ 2577
3619		-	~~obligations shall not~~ be ~~more than 2 years aft er~~ the ~~due date of~~ 2578
3620		-	~~the last installment~~ which ~~will be payable on any of~~ the ~~special~~ 2579
3621		-	~~assessments for which~~ such assessment liens, ~~or the certificates~~ 2580
3622		-	~~of indebtedness representing~~ such ~~assessment liens, are assigned~~ 2581
3623		-	to or ~~deposited in such special fund.~~ 2582
3624		-	~~(d)~~ Such ~~assessment bonds, revenue bonds, or other~~ 2583
3625		-	~~obligations issued under this section shall bear such interest~~ 2584
3626		-	~~as the board may determine~~, ~~not to exceed the maximum rate~~ 2585
3627		-	~~allowed by general law~~, ~~and~~ shall be ~~executed, shall have such~~ 2586
3628		-	~~provisions for redemp tion prior to maturity,~~ shall be ~~sold in~~ 2587
3629		-	~~the manner~~, ~~and shall be subject to all of the applicable~~ 2588
3630		-	provisions ~~contained in~~ this ~~act for revenue bonds, except as~~ 2589
3631		-	~~the same may be inconsistent with the provisions of this~~ 2590
3632		-	~~section.~~ 2591
3633		-	~~(e) All assessment bonds,~~ ~~revenue bonds,~~ ~~or other~~ 2592
3634		-	~~obligations issued under~~ the ~~provisions of this section shall~~ 2593
3635		-	~~be, shall constitute,~~ ~~and shall have all~~ the ~~qualities~~ and 2594
3636		-	~~incidents~~ of ~~negotiable instruments under~~ the ~~law merchant and~~ 2595
3637		-	~~the laws~~ of the ~~state.~~ 2596
3638		-	~~(15) TAX LIENS.~~ All ~~ta xes of~~ the ~~district provided for in~~ 2597
3639		-	~~this act,~~ ~~together with~~ all ~~penalties for default~~ in the ~~payment~~ 2598
3640		-	of the ~~same~~ and ~~all costs in collecting the same, including~~ a 2599
3641		-	~~reasonable attorney fee fixed by~~ the ~~court and taxed as a cost~~ 2600
3642		-
3643		-	~~CS/~~HB 4043 2025
3644		-
3645		-
3646		-
3647		-	CODING: Words stricken are deletions; words underlined are additions.
3648		-	hb4043-~~01-c1~~
	3617	+	board; however, the maturities of such assessment bonds or other 2576
	3618	+	obligations shall not be more than 2 years aft er the due date of 2577
	3619	+	the last installment which will be payable on any of the special 2578
	3620	+	assessments for which such assessment liens, or the certificates 2579
	3621	+	of indebtedness representing such assessment liens, are assigned 2580
	3622	+	to or deposited in such special fund. 2581
	3623	+	(d) Such assessment bonds, revenue bonds, or other 2582
	3624	+	obligations issued under this section shall bear such interest 2583
	3625	+	as the board may determine, not to exceed the maximum rate 2584
	3626	+	allowed by general law, and shall be executed, shall have such 2585
	3627	+	provisions for redemp tion prior to maturity, shall be sold in 2586
	3628	+	the manner, and shall be subject to all of the applicable 2587
	3629	+	provisions contained in this act for revenue bonds, except as 2588
	3630	+	the same may be inconsistent with the provisions of this 2589
	3631	+	section. 2590
	3632	+	(e) All assessment bonds, revenue bonds, or other 2591
	3633	+	obligations issued under the provisions of this section shall 2592
	3634	+	be, shall constitute, and shall have all the qualities and 2593
	3635	+	incidents of negotiable instruments under the law merchant and 2594
	3636	+	the laws of the state. 2595
	3637	+	(15) TAX LIENS. All ta xes of the district provided for in 2596
	3638	+	this act, together with all penalties for default in the payment 2597
	3639	+	of the same and all costs in collecting the same, including a 2598
	3640	+	reasonable attorney fee fixed by the court and taxed as a cost 2599
	3641	+	in the action brought to enfor ce payment, shall, from January 1 2600
	3642	+
	3643	+	HB 4043 2025
	3644	+
	3645	+
	3646	+
	3647	+	CODING: Words stricken are deletions; words underlined are additions.
	3648	+	hb4043-00
3649	3649		Page 105 of 118
3650	3650		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3651	3651
3652		-	in the ~~action brought~~ to ~~enfor ce payment, shall, from January 1~~ 2601
3653		-	~~for each year~~ the ~~property is liable to assessment and until~~ 2602
3654		-	~~paid, constitute a lien~~ of equal dignity with ~~the liens for~~ 2603
3655		-	state and county taxes ~~and other taxes of equal dignity with~~ 2604
3656		-	~~state and county~~ taxes ~~upon all~~ the ~~land s against which such~~ 2605
3657		-	taxes shall ~~be levied. A sale of any of the real property within~~ 2606
3658		-	~~the district for state and county~~ or ~~other taxes shall not~~ 2607
3659		-	~~operate to relieve~~ or ~~release the property so sold from the lien~~ 2608
3660		-	~~for subsequent district taxes or installments of district taxes,~~ 2609
3661		-	~~which lien may be enforced against~~ such ~~property as though no~~ 2610
3662		-	~~such sale thereof had been made. In addition to~~, ~~and not in~~ 2611
3663		-	~~limitation of~~, the ~~preceding sentence, for purposes~~ of s. 2612
3664		-	~~197.552, Florida Statutes,~~ the lien of ~~all special assess ments~~ 2613
3665		-	~~levied by~~ the ~~district shall constitute a lien~~ of ~~record held by~~ 2614
3666		-	~~a municipal or county governmental unit.~~ ~~The provisions of ss.~~ 2615
3667		-	~~194.171, 197.122, 197.333,~~ and ~~197.432, Florida Statutes, shall~~ 2616
3668		-	~~be applicable to district taxes with the same force and ef fect~~ 2617
3669		-	~~as if such provisions were expressly set forth in this act.~~ 2618
3670		-	~~(16) PAYMENT OF TAXES AND REDEMPTION~~ OF TAX ~~LIENS BY THE~~ 2619
3671		-	DISTRICT~~; SHARING IN PROCEEDS OF TAX SALE.~~ 2620
3672		-	~~(a) The~~ district ~~shall have the power and right to:~~ 2621
3673		-	1. ~~Pay any delinquent state,~~ ~~c ounty,~~ ~~district, municipal,~~ 2622
3674		-	~~or other tax or assessment upon lands located wholly or~~ 2623
3675		-	~~partially within the boundaries of the district.~~ 2624
3676		-	~~2. Redeem~~ or ~~purchase~~ any ~~tax sales certificates issued~~ 2625
3677		-
3678		-	~~CS/~~HB 4043 2025
3679		-
3680		-
3681		-
3682		-	CODING: Words stricken are deletions; words underlined are additions.
3683		-	hb4043-~~01-c1~~
	3652	+	for each year the property is liable to assessment and until 2601
	3653	+	paid, constitute a lien of equal dignity with the liens for 2602
	3654	+	state and county taxes and other taxes of equal dignity with 2603
	3655	+	state and county taxes upon all the land s against which such 2604
	3656	+	taxes shall be levied. A sale of any of the real property within 2605
	3657	+	the district for state and county or other taxes shall not 2606
	3658	+	operate to relieve or release the property so sold from the lien 2607
	3659	+	for subsequent district taxes or installments of district taxes, 2608
	3660	+	which lien may be enforced against such property as though no 2609
	3661	+	such sale thereof had been made. In addition to, and not in 2610
	3662	+	limitation of, the preceding sentence, for purposes of s. 2611
	3663	+	197.552, Florida Statutes, the lien of all special assess ments 2612
	3664	+	levied by the district shall constitute a lien of record held by 2613
	3665	+	a municipal or county governmental unit. The provisions of ss. 2614
	3666	+	194.171, 197.122, 197.333, and 197.432, Florida Statutes, shall 2615
	3667	+	be applicable to district taxes with the same force and ef fect 2616
	3668	+	as if such provisions were expressly set forth in this act. 2617
	3669	+	(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE 2618
	3670	+	DISTRICT; SHARING IN PROCEEDS OF TAX SALE. 2619
	3671	+	(a) The district shall have the power and right to: 2620
	3672	+	1. Pay any delinquent state, c ounty, district, municipal, 2621
	3673	+	or other tax or assessment upon lands located wholly or 2622
	3674	+	partially within the boundaries of the district. 2623
	3675	+	2. Redeem or purchase any tax sales certificates issued 2624
	3676	+	or sold on account of any state, county, district, municipal, or 2625
	3677	+
	3678	+	HB 4043 2025
	3679	+
	3680	+
	3681	+
	3682	+	CODING: Words stricken are deletions; words underlined are additions.
	3683	+	hb4043-00
3684	3684		Page 106 of 118
3685	3685		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3686	3686
3687		-	or ~~sold on account of any state, county, district, municipal,~~ or 2626
3688		-	~~other taxes or assessments upon lands located wholly or~~ 2627
3689		-	~~partially within the boundaries of the district.~~ 2628
3690		-	~~(b) Delinquent taxes paid,~~ or ~~tax sales certificates~~ 2629
3691		-	~~redeemed or purchased, by~~ the ~~district, together with~~ all 2630
3692		-	~~penalties for the default~~ in ~~payment o f~~ the same and ~~all costs~~ 2631
3693		-	in ~~collecting~~ the ~~same and a reasonable attorney fee, shall~~ 2632
3694		-	~~constitute a lien in favor~~ of ~~the district~~ of equal ~~dignity with~~ 2633
3695		-	~~the liens of~~ state and county taxes ~~and other taxes of equal~~ 2634
3696		-	~~dignity with state and county~~ taxes ~~upon all~~ the ~~real property~~ 2635
3697		-	~~against which~~ the ~~taxes were levied~~. ~~The lien of the district~~ 2636
3698		-	~~may be foreclosed~~ in ~~the manner provided in this act~~. 2637
3699		-	~~(c) In any sale of land pursuant~~ to ~~s. 197.542~~, ~~Florida~~ 2638
3700		-	~~Statutes, as may be amended from time~~ to ~~time,~~ the ~~district may~~ 2639
3701		-	~~certify~~ to the ~~clerk of~~ the ~~circuit court of the county holding~~ 2640
3702		-	~~such sale the amount of taxes due~~ to the district ~~upon~~ the ~~lands~~ 2641
3703		-	~~sought to be sold, and~~ the ~~district shall share~~ in the 2642
3704		-	~~disbursement~~ of the ~~sales proceeds in accordance with the~~ 2643
3705		-	~~provisions~~ of ~~this act and under the laws~~ of the ~~state.~~ 2644
3706		-	~~(17) FORECLOSURE OF LIENS.~~ ~~Any lien in favor of~~ the 2645
3707		-	district ~~arising under this act may be foreclosed~~ by the 2646
3708		-	~~district~~ by ~~foreclosure proceedings in the name of the district~~ 2647
3709		-	in ~~a court of competent jurisdiction~~ as provided ~~by general law~~ 2648
3710		-	~~in like manner as is provided in chapter 170 or chapter 173,~~ 2649
3711		-	~~Florida Statutes,~~ ~~and amendments thereto and~~ the ~~provisions of~~ 2650
3712		-
3713		-	~~CS/~~HB 4043 2025
3714		-
3715		-
3716		-
3717		-	CODING: Words stricken are deletions; words underlined are additions.
3718		-	hb4043-~~01-c1~~
	3687	+	other taxes or assessments upon lands located wholly or 2626
	3688	+	partially within the boundaries of the district. 2627
	3689	+	(b) Delinquent taxes paid, or tax sales certificates 2628
	3690	+	redeemed or purchased, by the district, together with all 2629
	3691	+	penalties for the default in payment o f the same and all costs 2630
	3692	+	in collecting the same and a reasonable attorney fee, shall 2631
	3693	+	constitute a lien in favor of the district of equal dignity with 2632
	3694	+	the liens of state and county taxes and other taxes of equal 2633
	3695	+	dignity with state and county taxes upon all the real property 2634
	3696	+	against which the taxes were levied. The lien of the district 2635
	3697	+	may be foreclosed in the manner provided in this act. 2636
	3698	+	(c) In any sale of land pursuant to s. 197.542, Florida 2637
	3699	+	Statutes, as may be amended from time to time, the district may 2638
	3700	+	certify to the clerk of the circuit court of the county holding 2639
	3701	+	such sale the amount of taxes due to the district upon the lands 2640
	3702	+	sought to be sold, and the district shall share in the 2641
	3703	+	disbursement of the sales proceeds in accordance with the 2642
	3704	+	provisions of this act and under the laws of the state. 2643
	3705	+	(17) FORECLOSURE OF LIENS. Any lien in favor of the 2644
	3706	+	district arising under this act may be foreclosed by the 2645
	3707	+	district by foreclosure proceedings in the name of the district 2646
	3708	+	in a court of competent jurisdiction as provided by general law 2647
	3709	+	in like manner as is provided in chapter 170 or chapter 173, 2648
	3710	+	Florida Statutes, and amendments thereto and the provisions of 2649
	3711	+	those chapters shall be applicable to such proceedings with the 2650
	3712	+
	3713	+	HB 4043 2025
	3714	+
	3715	+
	3716	+
	3717	+	CODING: Words stricken are deletions; words underlined are additions.
	3718	+	hb4043-00
3719	3719		Page 107 of 118
3720	3720		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3721	3721
3722		-	those ~~chapters shall be applicable to such proceedings with the~~ 2651
3723		-	~~same force and effect as if those provisi ons were expressly set~~ 2652
3724		-	~~forth~~ in ~~this act.~~ ~~Any act required or authorized to be done by~~ 2653
3725		-	or ~~on behalf of a municipality in foreclosure proceedings under~~ 2654
3726		-	~~chapter 170~~ or ~~chapter 173,~~ ~~Florida Statutes,~~ ~~may be performed~~ 2655
3727		-	by such ~~officer or agent of the district a s the board of~~ 2656
3728		-	~~supervisors may designate.~~ ~~Such foreclosure proceedings may be~~ 2657
3729		-	~~brought at~~ any ~~time after the expiration of 1 year from the date~~ 2658
3730		-	any ~~tax,~~ or ~~installment thereof, becomes delinquent; however, no~~ 2659
3731		-	~~lien~~ shall ~~be foreclosed against any political s ubdivision or~~ 2660
3732		-	~~agency of the state~~. ~~Other legal remedies shall remain~~ 2661
3733		-	~~available.~~ 2662
3734		-	~~(18) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS~~, 2663
3735		-	~~FACILITIES~~, ~~AND SERVICES. To the full extent permitted by law~~, 2664
3736		-	the district ~~shall require all lands, buildings, premises,~~ 2665
3737		-	~~persons, firms, and corporations within~~ the district ~~to use the~~ 2666
3738		-	~~facilities of the district.~~ 2667
3739		-	~~(19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED~~ 2668
3740		-	~~PROVISIONS REQUIRED.~~ 2669
3741		-	~~(a) No contract shall~~ be ~~let by~~ the ~~board for any goods,~~ 2670
3742		-	~~supplies, or materials~~ to be ~~purchased when~~ the amount ~~thereof~~ 2671
3743		-	to ~~be paid by the district shall exceed the amount provided in~~ 2672
3744		-	~~s. 287.017~~, ~~Florida Statutes,~~ ~~as amended from time to time,~~ ~~for~~ 2673
3745		-	~~category four, unless notice of bids shall be advertised once~~ in 2674
3746		-	a ~~newspaper in general circ ulation in Osceola County. Any board~~ 2675
3747		-
3748		-	~~CS/~~HB 4043 2025
3749		-
3750		-
3751		-
3752		-	CODING: Words stricken are deletions; words underlined are additions.
3753		-	hb4043-~~01-c1~~
	3722	+	same force and effect as if those provisi ons were expressly set 2651
	3723	+	forth in this act. Any act required or authorized to be done by 2652
	3724	+	or on behalf of a municipality in foreclosure proceedings under 2653
	3725	+	chapter 170 or chapter 173, Florida Statutes, may be performed 2654
	3726	+	by such officer or agent of the district a s the board of 2655
	3727	+	supervisors may designate. Such foreclosure proceedings may be 2656
	3728	+	brought at any time after the expiration of 1 year from the date 2657
	3729	+	any tax, or installment thereof, becomes delinquent; however, no 2658
	3730	+	lien shall be foreclosed against any political s ubdivision or 2659
	3731	+	agency of the state. Other legal remedies shall remain 2660
	3732	+	available. 2661
	3733	+	(18) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS, 2662
	3734	+	FACILITIES, AND SERVICES. To the full extent permitted by law, 2663
	3735	+	the district shall require all lands, buildings, premises, 2664
	3736	+	persons, firms, and corporations within the district to use the 2665
	3737	+	facilities of the district. 2666
	3738	+	(19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED 2667
	3739	+	PROVISIONS REQUIRED. 2668
	3740	+	(a) No contract shall be let by the board for any goods, 2669
	3741	+	supplies, or materials to be purchased when the amount thereof 2670
	3742	+	to be paid by the district shall exceed the amount provided in 2671
	3743	+	s. 287.017, Florida Statutes, as amended from time to time, for 2672
	3744	+	category four, unless notice of bids shall be advertised once in 2673
	3745	+	a newspaper in general circ ulation in Osceola County. Any board 2674
	3746	+	seeking to construct or improve a public building, structure, or 2675
	3747	+
	3748	+	HB 4043 2025
	3749	+
	3750	+
	3751	+
	3752	+	CODING: Words stricken are deletions; words underlined are additions.
	3753	+	hb4043-00
3754	3754		Page 108 of 118
3755	3755		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3756	3756
3757		-	~~seeking to construct or improve a~~ public ~~building, structure,~~ or 2676
3758		-	~~other public works shall comply with the bidding procedures of~~ 2677
3759		-	s. ~~255.20~~, ~~Florida Statutes,~~ ~~as amended from time to time, and~~ 2678
3760		-	~~other applicable general law . In each case, the bid of the~~ 2679
3761		-	~~lowest responsive and responsible bidder shall be accepted~~ 2680
3762		-	~~unless all bids are rejected because~~ the ~~bids are too high or~~ 2681
3763		-	the board ~~determines it is in~~ the ~~best interests of the district~~ 2682
3764		-	to ~~reject all bids.~~ The board ~~may requi re the bidders to furnish~~ 2683
3765		-	~~bond with a responsible surety to be approved by~~ the board. 2684
3766		-	~~Nothing in this subsection shall prevent~~ the ~~board from~~ 2685
3767		-	~~undertaking and performing the construction,~~ ~~operation, and~~ 2686
3768		-	~~maintenance~~ of ~~any project or facility authorized by t his act by~~ 2687
3769		-	the ~~employment~~ of ~~labor, material,~~ ~~and machinery.~~ 2688
3770		-	~~(b) The provisions of the Consultants' Competitive~~ 2689
3771		-	~~Negotiation Act~~, ~~s. 287.055~~, ~~Florida Statutes~~, ~~apply to~~ 2690
3772		-	~~contracts for engineering,~~ ~~architecture, landscape architecture,~~ 2691
3773		-	~~or registered survey ing and mapping~~ services ~~let by the board.~~ 2692
3774		-	~~(c) Contracts for maintenance services for any district~~ 2693
3775		-	~~facility or project shall~~ be ~~subject to competitive bidding~~ 2694
3776		-	~~requirements when~~ the amount ~~thereof to be paid by the district~~ 2695
3777		-	~~exceeds~~ the ~~amount provided in s. 287.017, Florida Statutes, as~~ 2696
3778		-	~~amended from time to time~~, ~~for category four.~~ ~~The district shall~~ 2697
3779		-	~~adopt rules, policies, or~~ procedures ~~establishing competitive~~ 2698
3780		-	bidding ~~procedures for maintenance services. Contracts for other~~ 2699
3781		-	~~services shall not be subject to competitive bidding unless the~~ 2700
3782		-
3783		-	~~CS/~~HB 4043 2025
3784		-
3785		-
3786		-
3787		-	CODING: Words stricken are deletions; words underlined are additions.
3788		-	hb4043-~~01-c1~~
	3757	+	other public works shall comply with the bidding procedures of 2676
	3758	+	s. 255.20, Florida Statutes, as amended from time to time, and 2677
	3759	+	other applicable general law . In each case, the bid of the 2678
	3760	+	lowest responsive and responsible bidder shall be accepted 2679
	3761	+	unless all bids are rejected because the bids are too high or 2680
	3762	+	the board determines it is in the best interests of the district 2681
	3763	+	to reject all bids. The board may requi re the bidders to furnish 2682
	3764	+	bond with a responsible surety to be approved by the board. 2683
	3765	+	Nothing in this subsection shall prevent the board from 2684
	3766	+	undertaking and performing the construction, operation, and 2685
	3767	+	maintenance of any project or facility authorized by t his act by 2686
	3768	+	the employment of labor, material, and machinery. 2687
	3769	+	(b) The provisions of the Consultants' Competitive 2688
	3770	+	Negotiation Act, s. 287.055, Florida Statutes, apply to 2689
	3771	+	contracts for engineering, architecture, landscape architecture, 2690
	3772	+	or registered survey ing and mapping services let by the board. 2691
	3773	+	(c) Contracts for maintenance services for any district 2692
	3774	+	facility or project shall be subject to competitive bidding 2693
	3775	+	requirements when the amount thereof to be paid by the district 2694
	3776	+	exceeds the amount provided in s. 287.017, Florida Statutes, as 2695
	3777	+	amended from time to time, for category four. The district shall 2696
	3778	+	adopt rules, policies, or procedures establishing competitive 2697
	3779	+	bidding procedures for maintenance services. Contracts for other 2698
	3780	+	services shall not be subject to competitive bidding unless the 2699
	3781	+	district adopts a rule, policy, or procedure applying 2700
	3782	+
	3783	+	HB 4043 2025
	3784	+
	3785	+
	3786	+
	3787	+	CODING: Words stricken are deletions; words underlined are additions.
	3788	+	hb4043-00
3789	3789		Page 109 of 118
3790	3790		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3791	3791
3792		-	~~district adopts a rule,~~ ~~policy, or procedure applying~~ 2701
3793		-	~~competitive bidding procedures to said contracts.~~ ~~Nothing herein~~ 2702
3794		-	~~shall preclude~~ the ~~use of requests for proposal instead of~~ 2703
3795		-	~~invitations to bid as determined by the dist rict to be in its~~ 2704
3796		-	~~best interest.~~ 2705
3797		-	~~(20) FEES, RENTALS,~~ AND ~~CHARGES~~; ~~PROCEDURE FOR ADOPTION~~ 2706
3798		-	~~AND MODIFICATIONS;~~ ~~MINIMUM REVENUE REQUIREMENTS.~~ 2707
3799		-	~~(a) The district is authorized to prescribe~~, ~~fix~~, 2708
3800		-	~~establish~~, and ~~collect rates, fees, rentals, or other charges,~~ 2709
3801		-	~~hereinafter sometimes referred~~ to ~~as "revenues~~," and ~~to revise~~ 2710
3802		-	~~the same from time to time, for~~ the ~~systems~~, ~~facilities, and~~ 2711
3803		-	~~services furnished by the district including~~, ~~but not limited~~ 2712
3804		-	~~to, recreational~~ facilities, water ~~management~~ and ~~control~~ 2713
3805		-	~~facilities~~, ~~and water and sewer systems; to recover the costs of~~ 2714
3806		-	~~making connection with~~ any ~~district service, facility, or~~ 2715
3807		-	~~system; and to provide~~ for ~~reasonable penalties against~~ any ~~user~~ 2716
3808		-	~~or property for any such rates, fees, rentals, or other charges~~ 2717
3809		-	~~that are delinquent.~~ 2718
3810		-	~~(b) No such rates, fees, rentals,~~ or ~~other charges for~~ 2719
3811		-	~~any~~ of the ~~facilities or services of the district shall be fixed~~ 2720
3812		-	~~until after a public hearing at which all the users of the~~ 2721
3813		-	~~proposed facility~~ or ~~services or owners,~~ ~~tenants, or occupants~~ 2722
3814		-	~~served or~~ to be ~~served thereby and all other interested persons~~ 2723
3815		-	~~shall have an opportunity to be heard concerning the proposed~~ 2724
3816		-	~~rates, fees, rentals, or~~ other charges~~. Rates,~~ ~~fees, rentals,~~ 2725
3817		-
3818		-	~~CS/~~HB 4043 2025
3819		-
3820		-
3821		-
3822		-	CODING: Words stricken are deletions; words underlined are additions.
3823		-	hb4043-~~01-c1~~
	3792	+	competitive bidding procedures to said contracts. Nothing herein 2701
	3793	+	shall preclude the use of requests for proposal instead of 2702
	3794	+	invitations to bid as determined by the dist rict to be in its 2703
	3795	+	best interest. 2704
	3796	+	(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION 2705
	3797	+	AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS. 2706
	3798	+	(a) The district is authorized to prescribe, fix, 2707
	3799	+	establish, and collect rates, fees, rentals, or other charges, 2708
	3800	+	hereinafter sometimes referred to as "revenues," and to revise 2709
	3801	+	the same from time to time, for the systems, facilities, and 2710
	3802	+	services furnished by the district including, but not limited 2711
	3803	+	to, recreational facilities, water management and control 2712
	3804	+	facilities, and water and sewer systems; to recover the costs of 2713
	3805	+	making connection with any district service, facility, or 2714
	3806	+	system; and to provide for reasonable penalties against any user 2715
	3807	+	or property for any such rates, fees, rentals, or other charges 2716
	3808	+	that are delinquent. 2717
	3809	+	(b) No such rates, fees, rentals, or other charges for 2718
	3810	+	any of the facilities or services of the district shall be fixed 2719
	3811	+	until after a public hearing at which all the users of the 2720
	3812	+	proposed facility or services or owners, tenants, or occupants 2721
	3813	+	served or to be served thereby and all other interested persons 2722
	3814	+	shall have an opportunity to be heard concerning the proposed 2723
	3815	+	rates, fees, rentals, or other charges. Rates, fees, rentals, 2724
	3816	+	and other charges shall be adopted under the administrative 2725
	3817	+
	3818	+	HB 4043 2025
	3819	+
	3820	+
	3821	+
	3822	+	CODING: Words stricken are deletions; words underlined are additions.
	3823	+	hb4043-00
3824	3824		Page 110 of 118
3825	3825		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3826	3826
3827		-	~~and other charges~~ shall ~~be adopted under the administrative~~ 2726
3828		-	~~rulemaking authority~~ of the ~~district, but shall not apply to~~ 2727
3829		-	~~district leases.~~ ~~Notice~~ of ~~such public hearing setting forth the~~ 2728
3830		-	~~proposed schedule or schedules~~ of ~~rates, fees, rentals, and~~ 2729
3831		-	~~other charges shall have been published~~ in ~~a newspaper of~~ 2730
3832		-	~~general circulation in Osce ola County at least once and at least~~ 2731
3833		-	~~10 days prior~~ to such ~~public hearing. The rulemaking hearing may~~ 2732
3834		-	~~be adjourned from time to time. After such hearing~~, ~~such~~ 2733
3835		-	~~schedule~~ or ~~schedules~~, ~~either as initially proposed or as~~ 2734
3836		-	~~modified~~ or ~~amended, may be finally ad opted. A copy~~ of ~~the~~ 2735
3837		-	~~schedule or schedules of such rates,~~ ~~fees, rentals,~~ ~~or charges~~ 2736
3838		-	~~as finally adopted~~ shall be ~~kept on file in an office designated~~ 2737
3839		-	by the ~~board and shall be open at all reasonable times to public~~ 2738
3840		-	~~inspection. The rates,~~ ~~fees, rentals,~~ or ~~c harges so fixed for~~ 2739
3841		-	any ~~class of~~ users or ~~property~~ served shall ~~be extended to cover~~ 2740
3842		-	any ~~additional users~~ or ~~properties thereafter served which shall~~ 2741
3843		-	~~fall in the same class, without the necessity of any notice or~~ 2742
3844		-	~~hearing.~~ 2743
3845		-	~~(c) Such rates,~~ ~~fees, rentals~~, and ~~charges shall be just~~ 2744
3846		-	~~and equitable and uniform for users~~ of ~~the same class, and when~~ 2745
3847		-	~~appropriate may be based or computed either~~ upon the ~~amount~~ of 2746
3848		-	~~service furnished,~~ ~~upon~~ the ~~average number of persons residing~~ 2747
3849		-	~~or working in~~ or ~~otherwise occupying~~ the 2748
3850		-	~~premises served~~, or upon any ~~other factor affecting~~ the ~~use of~~ 2749
3851		-	the ~~facilities furnished,~~ ~~or upon any combination of the~~ 2750
3852		-
3853		-	~~CS/~~HB 4043 2025
3854		-
3855		-
3856		-
3857		-	CODING: Words stricken are deletions; words underlined are additions.
3858		-	hb4043-~~01-c1~~
	3827	+	rulemaking authority of the district, but shall not apply to 2726
	3828	+	district leases. Notice of such public hearing setting forth the 2727
	3829	+	proposed schedule or schedules of rates, fees, rentals, and 2728
	3830	+	other charges shall have been published in a newspaper of 2729
	3831	+	general circulation in Osceola Co unty at least once and at least 2730
	3832	+	10 days prior to such public hearing. The rulemaking hearing may 2731
	3833	+	be adjourned from time to time. After such hearing, such 2732
	3834	+	schedule or schedules, either as initially proposed or as 2733
	3835	+	modified or amended, may be finally adopted. A copy of the 2734
	3836	+	schedule or schedules of such rates, fees, rentals, or charges 2735
	3837	+	as finally adopted shall be kept on file in an office designated 2736
	3838	+	by the board and shall be open at all reasonable times to public 2737
	3839	+	inspection. The rates, fees, rentals, or charges so fixed for 2738
	3840	+	any class of users or property served shall be extended to cover 2739
	3841	+	any additional users or properties thereafter served which shall 2740
	3842	+	fall in the same class, without the necessity of any notice or 2741
	3843	+	hearing. 2742
	3844	+	(c) Such rates, fees, rentals, and ch arges shall be just 2743
	3845	+	and equitable and uniform for users of the same class, and when 2744
	3846	+	appropriate may be based or computed either upon the amount of 2745
	3847	+	service furnished, upon the average number of persons residing 2746
	3848	+	or working in or otherwise occupying the 2747
	3849	+	premises served, or upon any other factor affecting the use of 2748
	3850	+	the facilities furnished, or upon any combination of the 2749
	3851	+	foregoing factors, as may be determined by the board on an 2750
	3852	+
	3853	+	HB 4043 2025
	3854	+
	3855	+
	3856	+
	3857	+	CODING: Words stricken are deletions; words underlined are additions.
	3858	+	hb4043-00
3859	3859		Page 111 of 118
3860	3860		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3861	3861
3862		-	~~foregoing factors,~~ ~~as may be determined by the board on an~~ 2751
3863		-	~~equitable basis.~~ 2752
3864		-	~~(d) The rates~~, ~~fees, rentals,~~ or other ~~charges prescrib ed~~ 2753
3865		-	~~shall be such as will produce~~ revenues, ~~together with any other~~ 2754
3866		-	~~assessments~~, ~~taxes, revenues,~~ ~~or funds available or pledged~~ for 2755
3867		-	~~such purpose~~, ~~at least sufficient to provide for~~ the ~~items~~ 2756
3868		-	~~hereinafter listed,~~ ~~but not necessarily in the order stated:~~ 2757
3869		-	~~1. To provide for all expenses~~ of ~~operation and~~ 2758
3870		-	~~maintenance of such facility or service.~~ 2759
3871		-	2. ~~To pay when due all bonds and interest thereon for the~~ 2760
3872		-	~~payment of which~~ such ~~revenues are, or shall have been, pledged~~ 2761
3873		-	~~or encumbered,~~ ~~including reserves~~ for ~~suc h purpose.~~ 2762
3874		-	3. ~~To provide for any other funds which may be required~~ 2763
3875		-	~~under the resolution or resolutions authorizing the issuance of~~ 2764
3876		-	~~bonds pursuant~~ to ~~this act.~~ 2765
3877		-	~~(e)~~ The ~~board shall have~~ the ~~power to enter into~~ 2766
3878		-	~~contracts for~~ the ~~use of the projects of th e district~~ and ~~with~~ 2767
3879		-	~~respect to~~ the ~~services, systems, and facilities furnished or to~~ 2768
3880		-	~~be furnished by~~ the ~~district.~~ 2769
3881		-	~~(21) RECOVERY OF~~ DELINQUENT ~~CHARGES. In the event that~~ 2770
3882		-	~~any rates,~~ ~~fees, rentals,~~ ~~charges, or delinquent penalties~~ shall 2771
3883		-	~~not be paid as~~ and ~~when due and shall be in default for 60 days~~ 2772
3884		-	~~or more~~, ~~the unpaid balance thereof~~ and ~~all interest accrued~~ 2773
3885		-	~~thereon, together with reasonable attorney fees and costs,~~ ~~may~~ 2774
3886		-	~~be recovered by~~ the ~~district in a civil action.~~ 2775
3887		-
3888		-	~~CS/~~HB 4043 2025
3889		-
3890		-
3891		-
3892		-	CODING: Words stricken are deletions; words underlined are additions.
3893		-	hb4043-~~01-c1~~
	3862	+	equitable basis. 2751
	3863	+	(d) The rates, fees, rentals, or other charges prescribed 2752
	3864	+	shall be such as will produce revenues, together with any other 2753
	3865	+	assessments, taxes, revenues, or funds available or pledged for 2754
	3866	+	such purpose, at least sufficient to provide for the items 2755
	3867	+	hereinafter listed, but not necessarily in the order stated: 2756
	3868	+	1. To provide for all expenses of operation and 2757
	3869	+	maintenance of such facility or service. 2758
	3870	+	2. To pay when due all bonds and interest thereon for the 2759
	3871	+	payment of which such revenues are, or shall have been, pledged 2760
	3872	+	or encumbered, including reserves for such purpose. 2761
	3873	+	3. To provide for any other funds which may be required 2762
	3874	+	under the resolution or resolutions authorizing the issuance of 2763
	3875	+	bonds pursuant to this act. 2764
	3876	+	(e) The board shall have the power to enter into 2765
	3877	+	contracts for the use of the projects of the district and with 2766
	3878	+	respect to the services, systems, and facilities furnished or to 2767
	3879	+	be furnished by the district. 2768
	3880	+	(21) RECOVERY OF DELINQUENT CHARGES. In the event that 2769
	3881	+	any rates, fees, rentals, charges, or delinquent penalties shall 2770
	3882	+	not be paid as and when due and shall be in default for 60 days 2771
	3883	+	or more, the unpaid balance thereof and all interest accrued 2772
	3884	+	thereon, together with reasonable attorney fees and costs, may 2773
	3885	+	be recovered by the district in a civil action. 2774
	3886	+	(22) DISCONTINUANCE OF SERVICE. In the event the fees, 2775
	3887	+
	3888	+	HB 4043 2025
	3889	+
	3890	+
	3891	+
	3892	+	CODING: Words stricken are deletions; words underlined are additions.
	3893	+	hb4043-00
3894	3894		Page 112 of 118
3895	3895		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3896	3896
3897		-	~~(22) DISCONTINUANCE OF SERVICE.~~ ~~In the event the fees,~~ 2776
3898		-	~~rentals~~, ~~or other charges for district services or facilities~~ 2777
3899		-	~~are not paid when due,~~ the board ~~shall have the power~~, ~~under~~ 2778
3900		-	~~such reasonable rules~~ and ~~regulations as the board may adopt~~, to 2779
3901		-	~~discontinue~~ and ~~shut off such services until suc h fees, rentals,~~ 2780
3902		-	~~or other charges, including interest, penalties,~~ and ~~charges for~~ 2781
3903		-	~~the shutting off~~ and ~~discontinuance and~~ the ~~restoration of such~~ 2782
3904		-	~~services~~, ~~are fully paid; and~~, ~~for such purposes~~, ~~the board may~~ 2783
3905		-	~~enter on any lands, waters~~, or ~~premises of any person~~, ~~firm~~, 2784
3906		-	~~corporation~~, or ~~body~~, ~~public or private, within the district~~ 2785
3907		-	~~limits. Such delinquent fees~~, ~~rentals~~, ~~or other~~ charges, 2786
3908		-	~~together with interest, penalties,~~ and ~~charges for~~ the ~~shutting~~ 2787
3909		-	~~off~~ and ~~discontinuance~~ and ~~the restoration of such services and~~ 2788
3910		-	~~facilities and reasonable attorney fees and other expenses,~~ may 2789
3911		-	~~be recovered~~ by ~~the district, which may also enforce payment of~~ 2790
3912		-	~~such delinquent fees,~~ ~~rentals, or other charges by any other~~ 2791
3913		-	~~lawful method of~~ enforcement. 2792
3914		-	~~(23) ENFORCEMENT~~ AND ~~PENALTIE S. The board or any~~ 2793
3915		-	~~aggrieved person~~ may ~~have recourse~~ to ~~such remedies in law and~~ 2794
3916		-	~~at equity as may be necessary~~ to ~~ensure compliance with the~~ 2795
3917		-	provisions of this act~~, including injunctive relief to enjoin or~~ 2796
3918		-	~~restrain any person violating the provisions of this act~~ or ~~any~~ 2797
3919		-	~~bylaws, resolutions,~~ ~~regulations, rules,~~ ~~codes,~~ or ~~orders~~ 2798
3920		-	~~adopted under this act.~~ ~~In case any building or structure is~~ 2799
3921		-	~~erected~~, ~~constructed~~, ~~reconstructed~~, ~~altered~~, ~~repaired~~, 2800
3922		-
3923		-	~~CS/~~HB 4043 2025
3924		-
3925		-
3926		-
3927		-	CODING: Words stricken are deletions; words underlined are additions.
3928		-	hb4043-~~01-c1~~
	3897	+	rentals, or other charges for district services or facilities 2776
	3898	+	are not paid when due, the board shall have the power, under 2777
	3899	+	such reasonable rules and regulations as the board may adopt, to 2778
	3900	+	discontinue and shut off such services until such fees, re ntals, 2779
	3901	+	or other charges, including interest, penalties, and charges for 2780
	3902	+	the shutting off and discontinuance and the restoration of such 2781
	3903	+	services, are fully paid; and, for such purposes, the board may 2782
	3904	+	enter on any lands, waters, or premises of any person, f irm, 2783
	3905	+	corporation, or body, public or private, within the district 2784
	3906	+	limits. Such delinquent fees, rentals, or other charges, 2785
	3907	+	together with interest, penalties, and charges for the shutting 2786
	3908	+	off and discontinuance and the restoration of such services and 2787
	3909	+	facilities and reasonable attorney fees and other expenses, may 2788
	3910	+	be recovered by the district, which may also enforce payment of 2789
	3911	+	such delinquent fees, rentals, or other charges by any other 2790
	3912	+	lawful method of enforcement. 2791
	3913	+	(23) ENFORCEMENT AND PENALTIES. The boa rd or any 2792
	3914	+	aggrieved person may have recourse to such remedies in law and 2793
	3915	+	at equity as may be necessary to ensure compliance with the 2794
	3916	+	provisions of this act, including injunctive relief to enjoin or 2795
	3917	+	restrain any person violating the provisions of this act o r any 2796
	3918	+	bylaws, resolutions, regulations, rules, codes, or orders 2797
	3919	+	adopted under this act. In case any building or structure is 2798
	3920	+	erected, constructed, reconstructed, altered, repaired, 2799
	3921	+	converted, or maintained, or any building, structure, land, or 2800
	3922	+
	3923	+	HB 4043 2025
	3924	+
	3925	+
	3926	+
	3927	+	CODING: Words stricken are deletions; words underlined are additions.
	3928	+	hb4043-00
3929	3929		Page 113 of 118
3930	3930		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3931	3931
3932		-	~~converted~~, or ~~maintained, or~~ any ~~building~~, ~~structure~~, ~~land, or~~ 2801
3933		-	~~water is used~~, ~~in violation of this act~~ or ~~of any code,~~ ~~order,~~ 2802
3934		-	~~resolution,~~ or ~~other regulation made~~ under ~~authority conferred~~ 2803
3935		-	~~by this act~~ or ~~under law, the board or any citizen residing in~~ 2804
3936		-	~~the district may institute any appropriate action or proceeding~~ 2805
3937		-	~~to prevent such unlawful erection~~, ~~construction~~, ~~reconstruction~~, 2806
3938		-	~~alteration~~, ~~repair, conversion, maintenance~~, or ~~use~~; to 2807
3939		-	~~restrain~~, ~~correct~~, or ~~avoid such violation;~~ to ~~prevent the~~ 2808
3940		-	~~occupancy of such building~~, ~~structure~~, ~~land~~, or ~~water; and to~~ 2809
3941		-	~~prevent any illegal act~~, ~~conduct, business~~, or ~~use in or about~~ 2810
3942		-	~~such premises,~~ ~~land,~~ or ~~water.~~ 2811
3943		-	~~(24) SUITS~~ AGAINST THE DISTRICT~~. Any suit or action~~ 2812
3944		-	~~brought or maintained against the district for damages~~ arising 2813
3945		-	~~out~~ of ~~tort~~, ~~including, without limitation, any claim arising~~ 2814
3946		-	~~upon account of an act causing an~~ injury or ~~loss of property,~~ 2815
3947		-	~~personal injury~~, ~~or death, shall be subject to the limitations~~ 2816
3948		-	~~provided in s~~. ~~768.28, Florida Statutes.~~ 2817
3949		-	~~(25) EXEMPTION OF~~ DISTRICT PROPERTY FROM ~~EXECUTION. All~~ 2818
3950		-	~~district property shall be exemp t from levy~~ and ~~sale by virtue~~ 2819
3951		-	~~of an execution~~, ~~and no execution or other judicial process~~ 2820
3952		-	~~shall issue~~ against ~~such~~ property~~, nor shall any judgment~~ 2821
3953		-	~~against the district be a charge or lien on its property~~ or 2822
3954		-	~~revenues; however,~~ ~~nothing contained herein sha ll apply~~ to or 2823
3955		-	~~limit~~ the ~~rights of bondholders to pursue any remedy for the~~ 2824
3956		-	~~enforcement~~ of ~~any lien~~ or ~~pledge given by~~ the district in 2825
3957		-
3958		-	~~CS/~~HB 4043 2025
3959		-
3960		-
3961		-
3962		-	CODING: Words stricken are deletions; words underlined are additions.
3963		-	hb4043-~~01-c1~~
	3932	+	water is used, in violation of this act or of any code, order, 2801
	3933	+	resolution, or other regulation made under authority conferred 2802
	3934	+	by this act or under law, the board or any citizen residing in 2803
	3935	+	the district may institute any appropriate action or proceeding 2804
	3936	+	to prevent such unlawful erection, construction, reconstruction, 2805
	3937	+	alteration, repair, conversion, maintenance, or use; to 2806
	3938	+	restrain, correct, or avoid such violation; to prevent the 2807
	3939	+	occupancy of such building, structure, land, or water; and to 2808
	3940	+	prevent any illegal act, cond uct, business, or use in or about 2809
	3941	+	such premises, land, or water. 2810
	3942	+	(24) SUITS AGAINST THE DISTRICT. Any suit or action 2811
	3943	+	brought or maintained against the district for damages arising 2812
	3944	+	out of tort, including, without limitation, any claim arising 2813
	3945	+	upon account of an act causing an injury or loss of property, 2814
	3946	+	personal injury, or death, shall be subject to the limitations 2815
	3947	+	provided in s. 768.28, Florida Statutes. 2816
	3948	+	(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION. All 2817
	3949	+	district property shall be exempt from lev y and sale by virtue 2818
	3950	+	of an execution, and no execution or other judicial process 2819
	3951	+	shall issue against such property, nor shall any judgment 2820
	3952	+	against the district be a charge or lien on its property or 2821
	3953	+	revenues; however, nothing contained herein shall apply t o or 2822
	3954	+	limit the rights of bondholders to pursue any remedy for the 2823
	3955	+	enforcement of any lien or pledge given by the district in 2824
	3956	+	connection with any of the bonds or obligations of the district. 2825
	3957	+
	3958	+	HB 4043 2025
	3959	+
	3960	+
	3961	+
	3962	+	CODING: Words stricken are deletions; words underlined are additions.
	3963	+	hb4043-00
3964	3964		Page 114 of 118
3965	3965		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3966	3966
3967		-	~~connection with any of the bonds~~ or ~~obligations~~ of ~~the~~ district. 2826
3968		-	(26) ~~TERMINATION, CONTRACTION, OR EXPANSION~~ OF ~~DISTRI CT.~~ 2827
3969		-	~~(a)~~ The ~~board of supervisors of the district shall not~~ 2828
3970		-	~~ask~~ the ~~Legislature to repeal~~ or ~~amend this act to expand or to~~ 2829
3971		-	~~contract the boundaries~~ of the district ~~or otherwise cause the~~ 2830
3972		-	~~merger~~ or ~~termination of~~ the ~~district without first obtaining a~~ 2831
3973		-	~~resolution or official statement from the Tohopekaliga Water~~ 2832
3974		-	~~Authority and Osceola County as required by s. 189.031(2)(e)4.,~~ 2833
3975		-	~~Florida Statutes, for creation of an independent special~~ 2834
3976		-	district. 2835
3977		-	~~(b)~~ The district ~~shall remain in existence until:~~ 2836
3978		-	1. The ~~district is terminated and dissolved pursuant to~~ 2837
3979		-	~~amendment~~ to ~~this act by the Legislature~~. 2838
3980		-	2. ~~The district has become inactive pursuant to s~~. 2839
3981		-	~~189~~.~~062, Florida Statutes.~~ 2840
3982		-	~~(27) MERGER~~ WITH ~~COMMUNITY~~ DEVELOPMENT ~~DISTRICTS. The~~ 2841
3983		-	district ~~may merge with one or m ore community development~~ 2842
3984		-	~~districts situated wholly within its boundaries.~~ The ~~district~~ 2843
3985		-	~~shall be the surviving entity of the merger.~~ ~~Any mergers shall~~ 2844
3986		-	~~commence upon each such community development~~ district ~~filing~~ a 2845
3987		-	written request ~~for merger~~ with ~~the distr ict~~. ~~A copy of~~ the 2846
3988		-	~~written request shall also be filed with Osceola County.~~ The 2847
3989		-	~~district, subject to~~ the ~~direction of its board of supervisors,~~ 2848
3990		-	~~shall enter into a merger agreement~~ which ~~shall provide for the~~ 2849
3991		-	~~proper allocation of debt~~, the ~~manner in which s uch debt shall~~ 2850
3992		-
3993		-	~~CS/~~HB 4043 2025
3994		-
3995		-
3996		-
3997		-	CODING: Words stricken are deletions; words underlined are additions.
3998		-	hb4043-~~01-c1~~
	3967	+	(26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT. 2826
	3968	+	(a) The board of supervisors of the district shall not 2827
	3969	+	ask the Legislature to repeal or amend this act to expand or to 2828
	3970	+	contract the boundaries of the district or otherwise cause the 2829
	3971	+	merger or termination of the district without first obtaining a 2830
	3972	+	resolution or official statement from the Tohopekaliga Water 2831
	3973	+	Authority and Osceola County as required by s. 189.031(2)(e)4., 2832
	3974	+	Florida Statutes, for creation of an independent special 2833
	3975	+	district. 2834
	3976	+	(b) The district shall remain in existence until: 2835
	3977	+	1. The district is ter minated and dissolved pursuant to 2836
	3978	+	amendment to this act by the Legislature. 2837
	3979	+	2. The district has become inactive pursuant to s. 2838
	3980	+	189.062, Florida Statutes. 2839
	3981	+	(27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS. The 2840
	3982	+	district may merge with one or more commun ity development 2841
	3983	+	districts situated wholly within its boundaries. The district 2842
	3984	+	shall be the surviving entity of the merger. Any mergers shall 2843
	3985	+	commence upon each such community development district filing a 2844
	3986	+	written request for merger with the district. A cop y of the 2845
	3987	+	written request shall also be filed with Osceola County. The 2846
	3988	+	district, subject to the direction of its board of supervisors, 2847
	3989	+	shall enter into a merger agreement which shall provide for the 2848
	3990	+	proper allocation of debt, the manner in which such debt s hall 2849
	3991	+	be retired, the transition of the community development district 2850
	3992	+
	3993	+	HB 4043 2025
	3994	+
	3995	+
	3996	+
	3997	+	CODING: Words stricken are deletions; words underlined are additions.
	3998	+	hb4043-00
3999	3999		Page 115 of 118
4000	4000		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4001	4001
4002		-	~~be retired,~~ the ~~transition~~ of ~~the community development district~~ 2851
4003		-	~~board,~~ and the ~~transfer of all financial obligations and~~ 2852
4004		-	~~operating and maintenance responsibilities to~~ the district~~. The~~ 2853
4005		-	~~execution~~ of the ~~merger agreement by the district and e ach~~ 2854
4006		-	~~community development~~ district ~~constitutes consent of the~~ 2855
4007		-	~~landowners within each district. The~~ district ~~and each community~~ 2856
4008		-	~~development district requesting merger shall hold a public~~ 2857
4009		-	~~hearing within its boundaries to provide information about and~~ 2858
4010		-	~~take~~ public ~~comment on the proposed merger in the merger~~ 2859
4011		-	~~agreement.~~ The ~~public hearing shall be held within 45 days after~~ 2860
4012		-	~~the execution~~ of the ~~merger agreement by all parties thereto.~~ 2861
4013		-	~~Notice~~ of ~~the public hearing shall be published~~ in ~~a newspaper~~ 2862
4014		-	~~of general circulation in Osceola County~~ at ~~least 14 days before~~ 2863
4015		-	~~the hearing.~~ ~~At the conclusion of the public hearing, each~~ 2864
4016		-	district ~~shall consider a resolution approving or disapproving~~ 2865
4017		-	~~the proposed merger.~~ If the ~~district and each community~~ 2866
4018		-	~~development district which is~~ a ~~party to~~ the merger ~~agreement~~ 2867
4019		-	~~adopt a resolution approving~~ the ~~proposed merger,~~ ~~the~~ 2868
4020		-	resolutions ~~and~~ the merger ~~agreement shall be filed with Osceola~~ 2869
4021		-	~~County. Upon receipt of the resolutions approving~~ the merger ~~and~~ 2870
4022		-	~~the merger agreement,~~ ~~Osceola County sh all adopt a nonemergency~~ 2871
4023		-	~~ordinance dissolving each community development district~~ 2872
4024		-	~~pursuant to s.~~ ~~190.046(10), Florida Statutes~~. 2873
4025		-	(28) INCLUSION OF TERRITORY. 2874
4026		-	(a~~) The inclusion of any~~ or ~~all territory of~~ the ~~district~~ 2875
4027		-
4028		-	~~CS/~~HB 4043 2025
4029		-
4030		-
4031		-
4032		-	CODING: Words stricken are deletions; words underlined are additions.
4033		-	hb4043-~~01-c1~~
	4002	+	board, and the transfer of all financial obligations and 2851
	4003	+	operating and maintenance responsibilities to the district. The 2852
	4004	+	execution of the merger agreement by the district and each 2853
	4005	+	community development district constitutes consent of the 2854
	4006	+	landowners within each district. The district and each community 2855
	4007	+	development district requesting merger shall hold a public 2856
	4008	+	hearing within its boundaries to provide information about and 2857
	4009	+	take public comment on the proposed merger in the merger 2858
	4010	+	agreement. The public hearing shall be held within 45 days after 2859
	4011	+	the execution of the merger agreement by all parties thereto. 2860
	4012	+	Notice of the public hearing shall be published in a newspaper 2861
	4013	+	of general circulation in Osceola County at least 14 days before 2862
	4014	+	the hearing. At the conclusion of the public hearing, each 2863
	4015	+	district shall consider a resolution approving or disapproving 2864
	4016	+	the proposed merger. If the district and each community 2865
	4017	+	development district which is a party t o the merger agreement 2866
	4018	+	adopt a resolution approving the proposed merger, the 2867
	4019	+	resolutions and the merger agreement shall be filed with Osceola 2868
	4020	+	County. Upon receipt of the resolutions approving the merger and 2869
	4021	+	the merger agreement, Osceola County shall adopt a nonemergency 2870
	4022	+	ordinance dissolving each community development district 2871
	4023	+	pursuant to s. 190.046(10), Florida Statutes. 2872
	4024	+	(28) INCLUSION OF TERRITORY. 2873
	4025	+	(a) The inclusion of any or all territory of the district 2874
	4026	+	within a municipality does not change, alter, or affect the 2875
	4027	+
	4028	+	HB 4043 2025
	4029	+
	4030	+
	4031	+
	4032	+	CODING: Words stricken are deletions; words underlined are additions.
	4033	+	hb4043-00
4034	4034		Page 116 of 118
4035	4035		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4036	4036
4037		-	~~within a municipality does not chang e~~, ~~alter~~, or ~~affect~~ the 2876
4038		-	~~boundary, territory,~~ ~~existence, or jurisdiction~~ of the district. 2877
4039		-	~~(b)~~ The ~~creation and establishment of the district shall~~ 2878
4040		-	~~not impair~~ or ~~alter the authority,~~ ~~power, obligations, or~~ 2879
4041		-	~~purpose of~~ the ~~Tohopekaliga Water Authority or its successors in~~ 2880
4042		-	~~providing~~ water ~~or wastewater services and facilities under the~~ 2881
4043		-	~~Tohopekaliga Water Authority Act.~~ 2882
4044		-	~~(29) SALE~~ OF ~~REAL ESTATE WITHIN THE DISTRICT; REQUIRED~~ 2883
4045		-	~~DISCLOSURE TO PURCHASER.~~ ~~Subsequent to~~ the ~~creation~~ of ~~this~~ 2884
4046		-	~~district under this act,~~ each contract for the initial sale ~~of a~~ 2885
4047		-	~~parcel~~ of ~~real property and each contract for~~ the ~~initial sale~~ 2886
4048		-	~~of a residential unit within~~ the ~~district shall include,~~ 2887
4049		-	~~immediately prior to~~ the ~~space reserved in~~ the ~~contract for the~~ 2888
4050		-	~~signature of~~ the ~~purchaser, the following disclosure statement~~ 2889
4051		-	in ~~boldfaced and conspicuous type which is larger than~~ the ~~type~~ 2890
4052		-	~~in the remaining text of the contract:~~ ~~"THE WATERLIN STEWARDSHIP~~ 2891
4053		-	~~DISTRICT MAY IMPOSE~~ AND ~~LEVY TAXES OR~~ ASSESSMENTS, ~~OR BOTH~~ TAXES 2892
4054		-	~~AND ASSESSMENTS~~, ~~ON THIS PROPER TY. THESE TAXES~~ AND ~~ASSESSMENTS~~ 2893
4055		-	~~PAY FOR THE CONSTRUCTION~~, ~~OPERATION~~, AND ~~MAINTENANCE COSTS~~ OF 2894
4056		-	~~CERTAIN PUBLIC SYSTEMS, FACILITIES,~~ AND ~~SERVICES~~ OF THE DISTRICT 2895
4057		-	AND ARE ~~SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.~~ 2896
4058		-	~~THESE~~ TAXES AND ASSESSMENTS ~~ARE IN A DDITION TO COUNTY~~ AND ~~OTHER~~ 2897
4059		-	~~LOCAL GOVERNMENTAL TAXES AND~~ ASSESSMENTS ~~AND ALL OTHER TAXES AND~~ 2898
4060		-	~~ASSESSMENTS PROVIDED FOR BY LAW~~." 2899
4061		-	~~(30) NOTICE~~ OF ~~CREATION AND ESTABLISHMENT.~~ ~~Within 30 days~~ 2900
4062		-
4063		-	~~CS/~~HB 4043 2025
4064		-
4065		-
4066		-
4067		-	CODING: Words stricken are deletions; words underlined are additions.
4068		-	hb4043-~~01-c1~~
	4037	+	boundary, territory, existence, or jurisdiction of the district. 2876
	4038	+	(b) The creation and establishment of the district shall 2877
	4039	+	not impair or alter the authority, power, obligations, or 2878
	4040	+	purpose of the Tohopekaliga Water Authority or its successor s in 2879
	4041	+	providing water or wastewater services and facilities under the 2880
	4042	+	Tohopekaliga Water Authority Act. 2881
	4043	+	(29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED 2882
	4044	+	DISCLOSURE TO PURCHASER. Subsequent to the creation of this 2883
	4045	+	district under this act, each contr act for the initial sale of a 2884
	4046	+	parcel of real property and each contract for the initial sale 2885
	4047	+	of a residential unit within the district shall include, 2886
	4048	+	immediately prior to the space reserved in the contract for the 2887
	4049	+	signature of the purchaser, the following disclosure statement 2888
	4050	+	in boldfaced and conspicuous type which is larger than the type 2889
	4051	+	in the remaining text of the contract: "THE WATERLIN STEWARDSHIP 2890
	4052	+	DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES 2891
	4053	+	AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS 2892
	4054	+	PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF 2893
	4055	+	CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT 2894
	4056	+	AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. 2895
	4057	+	THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER 2896
	4058	+	LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND 2897
	4059	+	ASSESSMENTS PROVIDED FOR BY LAW." 2898
	4060	+	(30) NOTICE OF CREATION AND ESTABLISHMENT. Within 30 days 2899
	4061	+	after the election of the first board of supervisors creating 2900
	4062	+
	4063	+	HB 4043 2025
	4064	+
	4065	+
	4066	+
	4067	+	CODING: Words stricken are deletions; words underlined are additions.
	4068	+	hb4043-00
4069	4069		Page 117 of 118
4070	4070		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4071	4071
4072		-	~~after~~ the ~~election of~~ the ~~first board of supervisors creating~~ 2901
4073		-	~~this district,~~ the ~~district shall cause to be recorded~~ in ~~the~~ 2902
4074		-	~~grantor-grantee index~~ of the ~~property records in Osceola County~~ 2903
4075		-	a "~~Notice of Creation and Establishment of~~ the ~~Waterlin~~ 2904
4076		-	~~Stewardship District."~~ The ~~notice shall,~~ ~~at a minimum, include~~ 2905
4077		-	~~the legal description of the~~ property ~~covered by this act.~~ 2906
4078		-	~~(31) DISTRICT PROPERTY PUBLIC;~~ ~~FEES. Any system,~~ 2907
4079		-	~~facility, service,~~ ~~works, improvement,~~ ~~project~~, or ~~other~~ 2908
4080		-	~~infrastructure owned~~ by the district, ~~or funded by federal tax~~ 2909
4081		-	~~exempt bonding issued~~ by ~~the district~~, ~~is p ublic;~~ and ~~the~~ 2910
4082		-	~~district by rule may regulate~~, ~~and may impose reasonable charges~~ 2911
4083		-	or fees ~~for, the use thereof, but not to the extent that such~~ 2912
4084		-	~~regulation or imposition~~ of ~~such charges or fees constitutes~~ 2913
4085		-	~~denial~~ of ~~reasonable access.~~ 2914
4086		-	~~Section 7. This act being for~~ the ~~purpose~~ of ~~developing~~ 2915
4087		-	~~and promoting~~ the ~~public good~~ and ~~welfare of Osceola County, the~~ 2916
4088		-	~~territory included in~~ the ~~district~~, and ~~the service area~~ 2917
4089		-	~~authorized to be served by~~ the ~~Tohopekaliga Water Authority~~, and 2918
4090		-	the ~~citizens, inhabitants, ratep ayers, and taxpayers residing~~ 2919
4091		-	~~therein~~, ~~shall be liberally construed~~ to ~~effect~~ the ~~purposes of~~ 2920
4092		-	the ~~act as consistent with, cumulative,~~ and ~~supplemental to the~~ 2921
4093		-	~~powers~~ of ~~the county and the Tohopekaliga Water Authority.~~ 2922
4094		-	~~Section 8.~~ ~~If any provision~~ of ~~this act is determined~~ 2923
4095		-	~~unconstitutional or otherwise determined invalid by a court~~ of 2924
4096		-	~~law, all~~ the ~~rest and remainder~~ of ~~the act shall remain in full~~ 2925
4097		-
4098		-	~~CS/~~HB 4043 2025
4099		-
4100		-
4101		-
4102		-	CODING: Words stricken are deletions; words underlined are additions.
4103		-	hb4043-~~01-c1~~
	4072	+	this district, the district shall cause to be recorded in the 2901
	4073	+	grantor-grantee index of the property records in Osceola County 2902
	4074	+	a "Notice of Creation and Establishment of the Waterlin 2903
	4075	+	Stewardship District." The notice shall, at a minimum, include 2904
	4076	+	the legal description of the property covered by this act. 2905
	4077	+	(31) DISTRICT PROPERTY PUBLIC; FEES. Any system, 2906
	4078	+	facility, service, works, improvement, project, or other 2907
	4079	+	infrastructure owned by the district, or funded by federal tax 2908
	4080	+	exempt bonding issued by the district, is public; and the 2909
	4081	+	district by rule may regulate, and may impose reasonable charges 2910
	4082	+	or fees for, the use thereof, but not to the extent that such 2911
	4083	+	regulation or imposition of such charges or fees constitutes 2912
	4084	+	denial of reasonable access. 2913
	4085	+	Section 7. This act being for the purpose of developing 2914
	4086	+	and promoting the public good and welfare of Osceola County, the 2915
	4087	+	territory included in the district, and the service area 2916
	4088	+	authorized to be served by the Tohopekaliga Water Authority, and 2917
	4089	+	the citizens, inhabitants, ratepayers, and taxpayers residing 2918
	4090	+	therein, shall be liberally construed to effect the purposes of 2919
	4091	+	the act as consistent with, cumulative, and supplemental to the 2920
	4092	+	powers of the county and the Tohopekaliga Water Authority. 2921
	4093	+	Section 8. If any provision of this act is de termined 2922
	4094	+	unconstitutional or otherwise determined invalid by a court of 2923
	4095	+	law, all the rest and remainder of the act shall remain in full 2924
	4096	+	force and effect as the law of this state. 2925
	4097	+
	4098	+	HB 4043 2025
	4099	+
	4100	+
	4101	+
	4102	+	CODING: Words stricken are deletions; words underlined are additions.
	4103	+	hb4043-00
4104	4104		Page 118 of 118
4105	4105		F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
4106	4106
4107		-	force and effect as the law of this state. 2926
4108		-	Section 9. This act shall take effect upon becoming a 2927
4109		-	law, except that the provisions of this act which authorize the 2928
4110		-	levy of ad valorem taxation shall take effect only upon express 2929
4111		-	approval by a majority vote of those qualified electors of the 2930
4112		-	Waterlin Stewardship District, as required by Section 9 of 2931
4113		-	Article VII of the State Constitution, voting in a referendum 2932
4114		-	election held during a general election at such time as all 2933
4115		-	members of the board are qualified electors who are elected by 2934
4116		-	qualified electors of the district as provided in this act. 2935
	4107	+	Section 9. This act shall take effect upon becoming a 2926
	4108	+	law, except that the provisions of this act which authorize the 2927
	4109	+	levy of ad valorem taxation shall take effect only upon express 2928
	4110	+	approval by a majority vote of those qualified electors of the 2929
	4111	+	Waterlin Stewardship District, as required by Section 9 of 2930
	4112	+	Article VII of the Sta te Constitution, voting in a referendum 2931
	4113	+	election held at such time as all members of the board are 2932
	4114	+	qualified electors who are elected by qualified electors of the 2933
	4115	+	district as provided in this act. 2934