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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to Osceola County; creating the 2
Waterlin Stewardship District; providing a short 3
title; providing legislative findings and intent; 4
providing definitions; stating legislative policy 5
regarding creation of the district; establishing 6
compliance with minimum requirements in s. 189.031(3), 7
F.S., for creation of an independent special district; 8
providing for creation and establishment of the 9
district; establishing the legal boundaries of the 10
district; providing for the jurisdiction and charter 11
of the district; providing for a governing board and 12
establishing membership criteria and election 13
procedures; providing for board members' terms of 14
office; providing for board meetings; providing for 15
administrative duties of the board; providing a method 16
for transition of the board from landowner control to 17
control by the resident electors of the district; 18
providing for a district manager and district 19
personnel; providing for a district treasurer, 20
selection of a public depository, and district budgets 21
and financial reports; providing for the general 22
powers of the district; providing for the special 23
powers of the district to plan, finance, and provide 24
community infrastructure and services within the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
district; providing for bonds; providing for 26
borrowing; providing for future ad valorem taxation; 27
providing for special assessments; providing for 28
issuance of certificates of indebtedness; providing 29
for tax liens; providing for competitive procurement; 30
providing for fees and charges; providing for 31
amendment to charter ; providing for required notices 32
to purchasers of residential units within the 33
district; defining district public property; providing 34
for construction; providing severability; providing 35
for a referendum; providing an effective date. 36
37
Be It Enacted by the Legislature of the State of Florida: 38
39
Section 1. This act may be cited as the "Waterlin 40
Stewardship District Act." 41
Section 2. Legislative findings and intent; definitions; 42
policy. 43
(1) LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT. 44
(a) The extensive lands located wholly within Osceola 45
County and covered by this act contain many opportunities for 46
thoughtful, comprehensive, responsible, and consistent 47
development over a long period. 48
(b) There is a need to use a special and limited purpose 49
independent special district unit of local government for the 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Waterlin Stewardship District lands located within Osceola 51
County and covered by this act to provide for a more 52
comprehensive communities development approach, which will 53
facilitate an integral re lationship between transportation, land 54
use and urban design to provide for a diverse mix of housing and 55
regional employment and economic development opportunities, 56
rather than fragmented development with underutilized 57
infrastructure generally associated w ith urban sprawl. 58
(c) The establishment of a special and limited purpose 59
independent special district for the Waterlin Stewardship 60
District lands will allow for cooperation with Osceola County 61
for the responsible management of waterways adjacent to Lake 62
Tohopekaliga through the recognition of the Lake Toho Protection 63
Area, located a minimum of 250 feet and an average of 500 feet 64
along the Lake Tohopekaliga lakeshore from the controlled high 65
water line elevation, including the Lake Toho Shoreline Regional 66
Park in accordance with the existing South Lake Toho Conceptual 67
Master Plan. The establishment of the district and the 68
recognition of the Lake Toho Protection Area and the Lake Toho 69
Shoreline Regional Park will help to facilitate the highest and 70
best use for the real property within the Waterlin Stewardship 71
District. 72
(d) There is a considerably long period of time during 73
which there is a significant burden to provide various systems, 74
facilities, and services on the initial landowners of these 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Waterlin Stewardship District lands, such that there is a need 76
for flexible management, sequencing, timing, and financing of 77
the various systems, facilities, and services to be provided to 78
these lands, taking into consideration absorption rates, 79
commercial viability, and related factors. 80
(e) While chapter 190, Florida Statutes, provides an 81
opportunity for community development services and facilities to 82
be provided by the establishment of community development 83
districts in a manner that furthers the public interest, given 84
the size of the Waterlin Stewardship District lands and the 85
duration of development, establishing multiple community 86
development districts over these lands would result in an 87
inefficient, duplicative, and needless proliferation of local 88
special purpose government, contrary to the public interest and 89
the Legislature's findings in chapter 190, Florida Statutes. 90
Instead, it is in the public interest that the long -range 91
provision for, and management, financing, and long -term 92
maintenance, upkeep, and oper ation of, services and facilities 93
to be provided for ultimate development and conservation of the 94
lands covered by this act be under one coordinated entity. The 95
creation of a single district will assist in integrating the 96
management of state resources and allow for greater and more 97
coordinated stewardship of water, waste, energy, habitat and 98
natural system resources. 99
(f) Longer involvement of the initial landowner with 100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
regard to the provision of systems, facilities, and services for 101
the Waterlin Stewards hip District lands, coupled with the 102
special and limited purpose of the district, is in the public 103
interest. 104
(g) The existence and use of such a special and limited 105
purpose local government for the Waterlin Stewardship District 106
lands, subject to the Osc eola County comprehensive plan, will 107
provide for a comprehensive and complete community development 108
approach to promote a sustainable and efficient land use pattern 109
for the Waterlin Stewardship District lands with long -term 110
planning for conservation, devel opment, and agriculture and 111
silviculture on a large scale; provide opportunities for the 112
mitigation of impacts and development of infrastructure in an 113
orderly and timely manner; prevent the overburdening of the 114
local general purpose government and the taxp ayers; and provide 115
an enhanced tax base and regional employment and economic 116
development opportunities. 117
(h) The creation and establishment of the special 118
district will encourage local government financial self -119
sufficiency in providing public facilities and in identifying 120
and implementing physically sound, innovative, and cost -121
effective techniques to provide and finance public facilities 122
while encouraging development, use, and coordination of capital 123
improvement plans by all levels of government, in accor dance 124
with the goals of chapter 187, Florida Statutes. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(i) The creation and establishment of the special 126
district will encourage and enhance cooperation among 127
communities that have unique assets, irrespective of political 128
boundaries, to bring the private and public sectors together for 129
establishing an orderly and economically sound plan for current 130
and future needs and growth. 131
(j) The creation and establishment of the special 132
district is a legitimate supplemental and alternative method 133
available to manage, own, operate, construct, and finance 134
capital infrastructure systems, facilities, and services. 135
(k) In order to be responsive to the critical timing 136
required through the exercise of its special management 137
functions, an independent special district requires financing of 138
those functions, including bondable lienable and nonlienable 139
revenue, with full and continuing public disclosure and 140
accountability, funded by landowners, both present and future, 141
and funded also by users of the systems, facilities, and 142
services provided to the land area by the special distr ict, 143
without unduly burdening the taxpayers, citizens, and ratepayers 144
of the state, Osceola County, any municipality therein, or the 145
Tohopekaliga Water Authority. 146
(l) The special district created and established by this 147
act shall not have or exercise an y comprehensive planning, 148
zoning, or development permitting power; the establishment of 149
the special district shall not be considered a development order 150
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within the meaning of chapter 380, Florida Statutes; and all 151
applicable planning and permitting laws, r ules, regulations, and 152
policies of Osceola County control the development of the land 153
to be serviced by the special district. 154
(m) The creation by this act of the Waterlin Stewardship 155
District is not inconsistent with the Osceola County 156
comprehensive plan. 157
(n) It is the legislative intent and purpose that no debt 158
or obligation of the special district constitute a burden on any 159
local general-purpose government or the Tohopekaliga Water 160
Authority without its consent. 161
(2) DEFINITIONS. As used in this ac t: 162
(a) "Ad valorem bonds" means bonds that are payable from 163
the proceeds of ad valorem taxes levied on real and tangible 164
personal property and that are generally referred to as general 165
obligation bonds. 166
(b) "Assessable improvements" means, without lim itation, 167
any and all public improvements and community facilities that 168
the district is empowered to provide in accordance with this act 169
that provide a special benefit to property within the district. 170
(c) "Assessment bonds" means special obligations of t he 171
district which are payable solely from proceeds of the special 172
assessments or benefit special assessments levied for assessable 173
improvements, provided that, in lieu of issuing assessment bonds 174
to fund the costs of assessable improvements, the district m ay 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
issue revenue bonds for such purposes payable from assessments. 176
(d) "Assessments" means those nonmillage district 177
assessments which include special assessments, benefit special 178
assessments, and maintenance special assessments and a 179
nonmillage, non-ad valorem maintenance tax if authorized by 180
general law. 181
(e) "Waterlin Stewardship District" means the unit of 182
special and limited purpose local government created and 183
chartered by this act, and limited to the performance of those 184
general and special power s authorized by its charter under this 185
act, the boundaries of which are set forth by the act, the 186
governing board of which is created and authorized to operate 187
with legal existence by this act, and the purpose of which is as 188
set forth in this act. 189
(f) "Benefit special assessments" are district 190
assessments imposed, levied, and collected pursuant to the 191
provisions of section 6(12)(b). 192
(g) "Board of supervisors" or "board" means the governing 193
body of the district or, if such board has been abolished, the 194
board, body, or commission assuming the principal functions 195
thereof or to whom the powers given to the board by this act 196
have been given by law. 197
(h) "Bond" includes "certificate," and the provisions 198
that are applicable to bonds are equally applicable t o 199
certificates. The term also includes any general obligation 200
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bond, assessment bond, refunding bond, revenue bond, bond 201
anticipation note, and other such obligation in the nature of a 202
bond as is provided for in this act. 203
(i) "Cost" or "costs," when used with reference to any 204
project, includes, but is not limited to: 205
1. The expenses of determining the feasibility or 206
practicability of acquisition, construction, or reconstruction. 207
2. The cost of surveys, estimates, plans, and 208
specifications. 209
3. The cost of improvements. 210
4. Engineering, architectural, fiscal, and legal expenses 211
and charges. 212
5. The cost of all labor, materials, machinery, and 213
equipment. 214
6. The cost of all lands, properties, rights, easements, 215
and franchises acquired. 216
7. Financing charges. 217
8. The creation of initial reserve and debt service 218
funds. 219
9. Working capital. 220
10. Interest charges incurred or estimated to be incurred 221
on money borrowed prior to and during construction and 222
acquisition and for such reasonable pe riod of time after 223
completion of construction or acquisition as the board may 224
determine. 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11. The cost of issuance of bonds pursuant to this act, 226
including advertisements and printing. 227
12. The cost of any bond or tax referendum held pursuant 228
to this act and all other expenses of issuance of bonds. 229
13. The discount, if any, on the sale or exchange of 230
bonds. 231
14. Administrative expenses. 232
15. Such other expenses as may be necessary or incidental 233
to the acquisition, construction, or reconstruction of any 234
project, or to the financing thereof, or to the development of 235
any lands within the district. 236
16. Payments, contributions, dedications, and any other 237
exactions required as a condition of receiving any governmental 238
approval or permit necessary to accomplish any district purpose. 239
17. Any other expense or payment permitted by this act or 240
allowable by law. 241
(j) "District" means the Waterli n Stewardship District. 242
(k) "District manager" means the manager of the district. 243
(l) "District roads" means highways, streets, roads, 244
alleys, intersection improvements, sidewalks, crossings, 245
landscaping, irrigation, signage, signalization, storm drain s, 246
bridges, multi-use trails, lighting, and thoroughfares of all 247
kinds. 248
(m) "General obligation bonds" means bonds which are 249
secured by, or provide for their payment by, the pledge of the 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
full faith and credit and taxing power of the district. 251
(n) "Governing board member" means any member of the 252
board of supervisors. 253
(o) "Land development regulations" means those 254
regulations of general purpose local government, adopted under 255
the Florida Local Government Comprehensive Planning and Land 256
Development Regulation Act, codified as part II of chapter 163, 257
Florida Statutes, to which the district is subject and as to 258
which the district may not do anything that is inconsistent 259
therewith. Land development regulations shall not mean specific 260
management, engineer ing, operations, or capital improvement 261
planning, needed in the daily management, implementation, and 262
supplying by the district of systems, facilities, services, 263
works, improvements, projects, or infrastructure, so long as 264
they remain subject to and are no t inconsistent with the 265
applicable county codes. 266
(p) "Landowner" means the owner of a freehold estate as 267
it appears on the deed record, including a trustee, a private 268
corporation, and an owner of a condominium unit. "Landowner" 269
does not include a revers ioner, remainder-man, mortgagee, or any 270
governmental entity which shall not be counted and need not be 271
notified of proceedings under this act. "Landowner" also means 272
the owner of a ground lease from a governmental entity, which 273
leasehold interest has a rem aining term, excluding all renewal 274
options, in excess of 50 years. 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(q) "General-purpose local government" means a county, 276
municipality, or consolidated city -county government. 277
(r) "Maintenance special assessments" are assessments 278
imposed, levied, and collected pursuant to the provisions of 279
section 6(12)(d). 280
(s) "Non-ad valorem assessment" means only those 281
assessments which are not based upon millage and which can 282
become a lien against a homestead as permitted in s. 4, Art. X 283
of the State Constituti on. 284
(t) "Powers" means powers used and exercised by the board 285
of supervisors to accomplish the special and limited purpose of 286
the district, including: 287
1. "General powers," which means those organizational and 288
administrative powers of the district as p rovided in its charter 289
in order to carry out its special and limited purpose as a local 290
government public corporate body politic. 291
2. "Special powers," which means those powers enumerated 292
by the district charter to implement its specialized systems, 293
facilities, services, projects, improvements, and infrastructure 294
and related functions in order to carry out its special and 295
limited purposes. 296
3. Any other powers, authority, or functions set forth in 297
this act. 298
(u) "Project" means any development, improv ement, 299
property, power, utility, facility, enterprise, service, system, 300
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works, or infrastructure now existing or hereafter undertaken or 301
established under the provisions of this act. 302
(v) "Qualified elector" means any person at least 18 303
years of age who is a citizen of the United States and a legal 304
resident of the state and of the district and who registers to 305
vote with the Supervisor of Elections in Osceola County and 306
resides in Osceola County. 307
(w) "Reclaimed water" means water that has received at 308
least secondary treatment and basic disinfection and is reused 309
after flowing out of a domestic wastewater treatment facility. 310
(x) "Reclaimed water system" means any plant, system, 311
facility, or property, and any addition, extension, or 312
improvement thereto a t any future time constructed or acquired 313
as part thereof, useful, necessary, or having the present 314
capacity for future use in connection with the development of 315
sources, treatment, purification, or distribution of reclaimed 316
water. The term includes franch ises of any nature relating to 317
any such system and necessary or convenient for the operation 318
thereof. 319
(y) "Refunding bonds" means bonds issued to refinance 320
outstanding bonds of any type and the interest and redemption 321
premium thereon. Refunding bonds ma y be issuable and payable in 322
the same manner as refinanced bonds, except that no approval by 323
the electorate shall be required unless required by the State 324
Constitution. 325
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(z) "Revenue bonds" means obligations of the district 326
that are payable from revenues , including, but not limited to, 327
special assessments and benefit special assessments, derived 328
from sources other than ad valorem taxes on real or tangible 329
personal property and that do not pledge the property, credit, 330
or general tax revenue of the district . 331
(aa) "Sewer system" means any plant, system, facility, or 332
property, and additions, extensions, and improvements thereto at 333
any future time constructed or acquired as part thereof, useful 334
or necessary or having the present capacity for future use in 335
connection with the collection, treatment, purification, or 336
disposal of sewage, including, but not limited to, industrial 337
wastes resulting from any process of industry, manufacture, 338
trade, or business or from the development of any natural 339
resource. The term also includes treatment plants, pumping 340
stations, lift stations, valves, force mains, intercepting 341
sewers, laterals, pressure lines, mains, and all necessary 342
appurtenances and equipment; all sewer mains, laterals, and 343
other devices for the reception and co llection of sewage from 344
premises connected therewith; and all real and personal property 345
and any interest therein, and rights, easements, and franchises 346
of any nature relating to any such system and necessary or 347
convenient for operation thereof. 348
(bb) "Special assessments" means assessments as imposed, 349
levied, and collected by the district for the costs of 350
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assessable improvements pursuant to the provisions of this act, 351
chapter 170, Florida Statutes, and the additional authority 352
under s. 197.3631, Florida S tatutes, or other provisions of 353
general law, now or hereinafter enacted, which provide or 354
authorize a supplemental means to impose, levy, or collect 355
special assessments. 356
(cc) "Taxes" or "tax" means those levies and impositions 357
of the board of supervisors that support and pay for government 358
and the administration of law and that may be: 359
1. Ad valorem or property taxes based upon both the 360
appraised value of property and millage, at a rate uniform 361
within the jurisdiction; or 362
2. If and when authorized by general law, non -ad valorem 363
maintenance taxes not based on millage that are used to maintain 364
district systems, facilities, and services. 365
(dd) "Water system" means any plant, system, facility, or 366
property, and any addition, e xtension, or improvement thereto at 367
any future time constructed or acquired as a part thereof, 368
useful, necessary, or having the present capacity for future use 369
in connection with the development of sources, treatment, 370
purification, or distribution of water . The term also includes 371
dams, reservoirs, storage tanks, mains, lines, valves, pumping 372
stations, laterals, and pipes for the purpose of carrying water 373
to the premises connected with such system, and all rights, 374
easements, and franchises of any nature rela ting to any such 375
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system and necessary or convenient for the operation thereof. 376
(3) POLICY. Based upon its findings, ascertainments, 377
determinations, intent, purpose, and definitions, the 378
Legislature states its policy expressly: 379
(a) The district and th e district charter, with its 380
general and special powers, as created in this act, are 381
essential and the best alternative for the residential, 382
commercial, office, hotel, industrial, and other community uses, 383
projects, or functions in the included portion of Osceola County 384
consistent with the effective comprehensive plan, and designed 385
to serve a lawful public purpose. Additionally, the district and 386
the district charter are not in conflict with and shall not be 387
interpreted in a manner that is inconsistent with the 388
Tohopekaliga Water Authority Act. 389
(b) The district, which is a local government and a 390
political subdivision, is limited to its special purpose as 391
expressed in this act, with the power to provide, plan, 392
implement, construct, maintain, and finance as a local 393
government management entity systems, facilities, services, 394
improvements, infrastructure, and projects, and possessing 395
financing powers to fund its management power over the long term 396
and with sustained levels of high quality. 397
(c) The creation of the Waterlin Stewardship District by 398
and pursuant to this act, and its exercise of its management and 399
related financing powers to implement its limited, single, and 400
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special purpose, is not a development order and does not trigger 401
or invoke any provision within the meaning of chapter 380, 402
Florida Statutes, and all applicable governmental planning, 403
environmental, and land development laws, regulations, rules, 404
policies, and ordinances apply to all development of the land 405
within the jurisdiction of the distri ct as created by this act. 406
(d) The district shall operate and function subject to, 407
and not inconsistent with, the applicable comprehensive plan of 408
Osceola County and any applicable development orders (e.g. 409
detailed specific area plan development orders) , zoning 410
regulations, and other land development regulations. 411
(e) The special and single purpose Waterlin Stewardship 412
District shall not have the power of a general -purpose local 413
government to adopt a comprehensive plan or related land 414
development regulation as those terms are defined in the 415
Community Planning Act. 416
(f) This act may be amended, in whole or in part, only by 417
special act of the Legislature. The board of supervisors of the 418
district shall not ask the Legislature to amend this act without 419
first obtaining a resolution or official statement from Osceola 420
County as required by s. 189.031(2)(e)4., Florida Statutes, for 421
creation of an independent special district. The board shall not 422
ask the Legislature to amend this act related to the delivery of 423
potable and nonpotable water and wastewater services in Osceola 424
County without first obtaining a resolution approving such 425
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amendment from the Tohopekaliga Water Authority or its 426
successors. 427
(g) Nothing in this act is intended to, or shall be 428
construed to, conflict with the Tohopekaliga Water Authority 429
Act. Nothing in this act is intended to, or shall be construed 430
to, limit the power of the Tohopekaliga Water Authority or its 431
successors. 432
Section 3. Minimum charter requirements; creation and 433
establishment; jurisdiction; construction; charter. 434
(1) Pursuant to s. 189.031(3), Florida Statutes, the 435
Legislature sets forth that the minimum requirements in 436
paragraphs (a) through (o) have been met in the identified 437
provisions of this act as follows: 438
(a) The purpose of the district is stated in the act in 439
subsection (4) and in sections 2 and 3. 440
(b) The powers, functions, and duties of the district 441
regarding ad valorem taxation, bond issuance, other revenue -442
raising capabilities, budget preparation and app roval, liens and 443
foreclosure of liens, use of tax deeds and tax certificates as 444
appropriate for non-ad valorem assessments, and contractual 445
agreements are set forth in section 6. 446
(c) The provisions for methods for establishing the 447
district are in this s ection. 448
(d) The methods for amending the charter of the district 449
are set forth in section 2. 450
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(e) The provisions for the membership and organization of 451
the governing body and the establishment of a quorum are in 452
section 5. 453
(f) The provisions regardin g maximum compensation of each 454
board member are in section 5. 455
(g) The provisions regarding the administrative duties of 456
the governing body are found in sections 5 and 6. 457
(h) The provisions applicable to financial disclosure, 458
noticing, and reporting r equirements generally are set forth in 459
sections 5 and 6. 460
(i) The provisions regarding procedures and requirements 461
for issuing bonds are set forth in section 6. 462
(j) The provisions regarding elections or referenda and 463
the qualifications of an elector o f the district are in sections 464
2 and 5. 465
(k) The provisions regarding methods for financing the 466
district are generally in section 6. 467
(l) Other than taxes levied for the payment of bonds and 468
taxes levied for periods not longer than 2 years when authori zed 469
by vote of the electors of the district, the provisions for the 470
authority to levy ad valorem tax and the authorized millage rate 471
are in section 6. 472
(m) The provisions for the method or methods of 473
collecting non-ad valorem assessments, fees, or servic e charges 474
are in section 6. 475
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(n) The provisions for planning requirements are in this 476
section and section 6. 477
(o) The provisions for geographic boundary limitations of 478
the district are set forth in sections 4 and 6. 479
(2) The Waterlin Stewardship District is created and 480
incorporated as a public body corporate and politic, an 481
independent special and limited purpose local government, an 482
independent special district, under s. 189.031, Florida 483
Statutes, as amended from tim e to time, and as defined in this 484
act and in s. 189.012(3), Florida Statutes, as amended from time 485
to time, in and for portions of Osceola County. Any amendments 486
to chapter 190, Florida Statutes, after January 1, 2025, 487
granting additional general powers, s pecial powers, authorities, 488
or projects to a community development district by amendment to 489
its uniform charter, ss. 190.006 -190.041, Florida Statutes, 490
which are not inconsistent with the provisions of this act, 491
shall constitute a general power, special po wer, authority, or 492
function of the Waterlin Stewardship District. All notices for 493
the enactment by the Legislature of this special act have been 494
provided pursuant to the State Constitution, the Laws of 495
Florida, and the Rules of the Florida House of Represe ntatives 496
and of the Florida Senate. No referendum subsequent to the 497
effective date of this act is required as a condition of 498
establishing the district. Therefore, the district, as created 499
by this act, is established on the property described in this 500
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
act. 501
(3) The territorial boundary of the district shall 502
embrace and include all of that certain real property described 503
in section 4. 504
(4) The jurisdiction of this district, in the exercise of 505
its general and special powers, and in the carrying out of its 506
special and limited purposes, is both within the external 507
boundaries of the legal description of this district and 508
extraterritorially when limited to, and as authorized expressly 509
elsewhere in, the charter of the district as created in this act 510
or applicable general law. This special and limited purpose 511
district is created as a public body corporate and politic, and 512
local government authority and power is limited by its charter, 513
this act, and subject to the provisions of other general laws, 514
including chapter 189, Florida Statutes, except that an 515
inconsistent provision in this act shall control and the 516
district has jurisdiction to perform such acts and exercise such 517
authorities, functions, and powers as shall be necessary, 518
convenient, incidental, proper, or reas onable for the 519
implementation of its special and limited purpose regarding the 520
sound planning, provision, acquisition, development, operation, 521
maintenance, and related financing of those public systems, 522
facilities, services, improvements, projects, and inf rastructure 523
works as authorized herein, including those necessary and 524
incidental thereto. The district shall exercise any of its 525
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
powers extraterritorially within Osceola County upon execution 526
of an interlocal agreement between the district and Osceola 527
County consenting to the district's exercise of any of such 528
powers within Osceola County or an applicable development order 529
issued by Osceola County. The district shall exercise its power 530
concerning the acquisition, development, operation, and 531
management of a water system, reclaimed water system, and sewer 532
system within the boundaries or the service area of the 533
Tohopekaliga Water Authority upon execution of and in a manner 534
consistent with an interlocal or similar agreement between the 535
district and the Tohopekal iga Water Authority or an investor 536
owned utility regulated by the Florida Public Service 537
Commission. 538
(5) The exclusive charter of the Waterlin Stewardship 539
District is this act and, except as otherwise provided in 540
subsection (2), may be amended only by sp ecial act of the 541
Legislature. 542
Section 4. Legal description of the Waterlin Stewardship 543
District. The metes and bounds legal description of the 544
district, within which there are no parcels of property owned by 545
those who do not wish their property to be included within the 546
district, is as follows: 547
WATERLIN (Overall) 548
WEST SIDE: 549
DESCRIPTION: A parcel of land being a part of THE 550
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
SEMINOLE LAND AND INVESTMENT COMPANY'S SUBDIVISION of 551
Section 33, Township 26 South, Range 30 East, 552
according to the plat thereof, recorded in Plat Book 553
B, Page 17, of the Public Records of Osceola County, 554
Florida; together with THE SEMINOLE LAND AND 555
INVESTMENT COMPANY'S SUBDIVISION of Section 9, 556
Township 27 South, Range 30 East, according to the 557
plat thereof, recorded in Plat Book B , Page 39, of the 558
Public Records of Osceola County, Florida; together 559
with part of THE SEMINOLE LAND AND INVESTMENT 560
COMPANY'S SUBDIVISION of Section 10, Township 27 561
South, Range 30 East, according to the plat thereof, 562
recorded in Plat Book B, Page 36, of t he Public 563
Records of Osceola County, Florida; together with part 564
of THE SEMINOLE LAND AND INVESTMENT COMPANY'S 565
SUBDIVISION of Section 14, Township 27 South, Range 30 566
East, according to the plat thereof, recorded in Plat 567
Book B, Page 38, of the Public Recor ds of Osceola 568
County, Florida; together with part of THE SEMINOLE 569
LAND AND INVESTMENT COMPANY'S SUBDIVISION of Section 570
15, Township 27 South, Range 30 East, according to the 571
plat thereof, recorded in Plat Book B, Page 42, of the 572
Public Records of Osceola C ounty, Florida; together 573
with THE SEMINOLE LAND AND INVESTMENT COMPANY'S 574
SUBDIVISION of Section 16, Township 27 South, Range 30 575
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
East, according to the plat thereof, recorded in Plat 576
Book B, Page 43, of the Public Records of Osceola 577
County, Florida; togethe r with THE SEMINOLE LAND AND 578
INVESTMENT COMPANY'S SUBDIVISION of Section 17, 579
Township 27 South, Range 30 East, according to the 580
plat thereof, recorded in Plat Book B, Page 44, of the 581
Public Records of Osceola County, Florida, and; 582
together with lands lying in Sections 33 and 34, 583
Township 26 South, Ragne 30 East, and Sections 3, 4, 584
5, 8 and 9, Township 27 South, Range 30 East, Osceola 585
County, Florida, and being more particularly described 586
as follows: 587
COMMENCE at the Northwest corner of said Section 3, 588
run thence along the West boundary of said Section 3, 589
S.00°03'04"W., a distance of 598.17 feet to a point on 590
the South boundary of that certain parcel of land 591
described in Official Records Book 1022, Page 2684, of 592
the Public Records of Osceola County, Florida, s aid 593
point also being the POINT OF BEGINNING; thence along 594
said South boundary of land described in Official 595
Records Book 1022, Page 2684, N.89°53'45"E., a 596
distance of 1320.60 feet to the Southeast corner 597
thereof, also being a point on the East boundary of 598
the Northwest 1/4 of the Northwest 1/4 of aforesaid 599
Section 3; thence along the East boundary of said land 600
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
described in Official Records Book 1022, Page 2684, 601
also being said East boundary of the Northwest 1/4 of 602
the Northwest 1/4 of Section 3, N.00°01'34" E., a 603
distance of 598.04 feet to the Northwest corner of the 604
Northeast 1/4 of said Northwest 1/4 of Section 3, 605
thence along the North boundary of said Northeast 1/4 606
of the Northwest 1/4 of Section 3, N.89°53'40"E., a 607
distance of 139.32 feet to a point on a curve on the 608
Southerly right of way line of FRIAR'S COVE ROAD, per 609
Florida State Turnpike Authority SUNSHINE STATE 610
PARKWAY (Project No. 2) Right of Way Map Section 10, 611
Station 3914+00 Station 4177+50.00 to Station 612
4283+36.17 and Right of Way Map , Osceola County, 613
Florida; thence along said Southerly right of way line 614
the following two (2) courses: 1) Easterly, 430.17 615
feet along the arc of a non -tangent curve to the left 616
having a radius of 1220.92 feet and a central angle of 617
20°11'13" (chord bearing S.80°00 '44"E., 427.95 feet) 618
to a point of tangency; 2) N.89°53'40"E., a distance 619
of 133.39 feet to the Westerly limited access right of 620
way line of FLORIDA'S TURNPIKE, per said Florida State 621
Turnpike Authority, SUNSHINE STATE PARKWAY (Project 622
No. 2) Right of Way Map Section 10, Station 4177+50.00 623
to Station 4283+36.17 and Right of Way Map Section 10 624
Station 3914+00 to Station 4010+00, Osceola County, 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida; thence along said Westerly limited access 626
right of way line, the following three (3) course: 1) 627
S.07°25'17"E., a distance of 4885.86 feet to a point 628
of curvature; 2) Southerly, 1145.53 feet along the arc 629
of a tangent curve to the left having a radius of 630
5929.58 feet and a central angle of 11°04'08" (chord 631
bearing S.12°57'21"E., 1143.75 feet) to a point of 632
tangency; 3) S.18°29'25"E., a distance of 10328.78 633
feet to a point on the South boundary of aforesaid 634
Section 14; thence along said South boundary of 635
Section 14, S.89°59'16"W., a distance of 849.54 feet 636
to the Southwest corner thereof; thence along the 637
South boundary of the Southeast 1/4 of aforesaid 638
Section 15, S.89°52'01"W., a distance of 2599.36 feet 639
to the South 1/4 corner of said Section 15; thence 640
along the South boundary of the Southwest 1/4 of said 641
Section 15, S.89°51'47"W., a distance of 2600.37 feet 642
to the Southwest corner of said Section 15; thence 643
along the South boundary of the Southeast 1/4 of 644
aforesaid Section 16, S.89°40'18"W., a distance of 645
2607.41 feet to the South 1/4 corner of said Section 646
16; thence along the South boundary of the Southwest 647
1/4 of said Section 16, S.89°39'46"W., a distance of 648
2607.05 feet to the Southwest corner of said Section 649
16; thence along the South boundary of the Southeast 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1/4 of aforesaid Section 17, N.89°49'09"W., a distance 651
of 2600.62 feet to the South 1/4 corner of said 652
Section 17; thence along the West boundary of the East 653
1/2 of said Section 17, N.00°31'25"W., a distance of 654
5299.06 feet to the North 1/4 corner of said Section 655
17; thence along the South boundary of the Southwest 656
1/4 of aforesaid Section 8, S.89°58' 34"W., a distance 657
of 2601.44 feet to the Southwest corner of said 658
Section 8; thence along the West boundary of said 659
Section 8, N.02°20'38"W., a distance of 1019.52 feet 660
to the Ordinary High Water line of Lake Tohopekaliga; 661
thence Northeasterly along said O rdinary High Water 662
line of Lake Tohopekaliga the following seventy -two 663
(72) courses: 1) N.37°54'41"E., a distance of 81.76 664
feet; 2) N.37°04'33"E., a distance of 131.69 feet; 3) 665
N.39°26'27"E., a distance of 203.30 feet; 4) 666
N.34°22'02"E., a distance of 248.9 2 feet; 5) 667
N.38°34'19"E., a distance of 255.02 feet; 6) 668
N.34°58'38"E., a distance of 157.97 feet; 7) 669
N.32°39'38"E., a distance of 243.71 feet; 8) 670
N.33°50'07"E., a distance of 132.31 feet; 9) 671
N.37°31'13"E., a distance of 610.86 feet; 10) 672
N.26°36'10"E., a distance of 315.01 feet; 11) 673
N.25°43'26"E., a distance of 277.07 feet; 12) 674
N.41°49'15"E., a distance of 255.86 feet; 13) 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
N.35°12'03"E., a distance of 263.02 feet; 14) 676
N.26°15'05"E., a distance of 198.26 feet; 15) 677
N.32°25'48"E., a distance of 299.79 feet; 16) 678
N.33°14'27"E., a distance of 224.71 feet; 17) 679
N.29°39'52"E., a distance of 215.77 feet; 18) 680
N.12°28'24"E., a distance of 210.93 feet; 19) 681
N.29°25'22"E., a distance of 339.17 feet; 20) 682
N.30°48'46"E., a distance of 374.15 feet; 21) 683
N.24°23'09"E., a distance of 317.92 feet; 22) 684
N.26°25'24"E., a distance of 243.41 feet; 23) 685
N.31°03'40"E., a distance of 219.41 feet; 24) 686
N.24°02'21"E., a distance of 231.64 feet; 25) 687
N.32°48'49"E., a distance of 336.29 feet; 26) 688
N.31°44'20"E., a distance of 395.85 feet; 27) 689
N.29°51'44"E., a distance of 301.96 feet; 28) 690
N.58°06'19"E., a distance of 197.64 feet; 29) 691
N.38°22'12"E., a distance of 299.31 feet; 30) 692
N.29°50'50"E., a distance of 207.18 feet; 31) 693
N.33°22'53"E., a distance of 292.67 feet; 32) 694
N.36°07'47"E., a distance of 17 2.06 feet; 33) 695
N.41°18'59"E., a distance of 187.80 feet; 34) 696
N.40°28'50"E., a distance of 178.78 feet; 35) 697
N.40°30'39"E., a distance of 169.37 feet; 36) 698
N.39°19'04"E., a distance of 149.24 feet; 37) 699
N.27°15'25"E., a distance of 216.35 feet; 38) 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
N.23°08'10"E., a distance of 170.61 feet; 39) 701
N.27°57'49"E., a distance of 176.45 feet; 40) 702
N.37°44'39"E., a distance of 181.54 feet; 41) 703
N.36°28'02"E., a distance of 230.86 feet; 42) 704
N.36°31'29"E., a distance of 124.83 feet; 43) 705
N.31°04'09"E., a distance of 174.22 f eet; 44) 706
N.72°24'30"E., a distance of 158.28 feet; 45) 707
N.46°34'47"E., a distance of 211.16 feet; 46) 708
N.60°24'05"E., a distance of 166.95 feet; 47) 709
N.38°46'17"E., a distance of 175.58 feet; 48) 710
N.47°53'42"E., a distance of 205.67 feet; 49) 711
N.64°19'16"E., a distance of 135.98 feet; 50) 712
N.57°41'44"E., a distance of 182.18 feet; 51) 713
S.87°39'54"E., a distance of 111.77 feet; 52) 714
S.44°06'37"W., a distance of 133.74 feet; 53) 715
S.32°04'08"E., a distance of 228.05 feet; 54) 716
S.00°57'13"E., a distance of 33.18 feet; 55 ) 717
S.23°29'48"W., a distance of 47.37 feet; 56) 718
S.43°50'35"E., a distance of 93.44 feet; 57) 719
S.64°47'43"E., a distance of 183.02 feet; 58) 720
S.86°31'39"E., a distance of 88.54 feet; 59) 721
S.68°58'07"E., a distance of 147.89 feet; 60) 722
N.43°44'46"E., a distance o f 128.68 feet; 61) 723
N.39°03'02"E., a distance of 133.28 feet; 62) 724
N.33°13'44"E., a distance of 191.62 feet; 63) 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
N.34°47'49"E., a distance of 186.47 feet; 64) 726
N.34°35'25"E., a distance of 144.16 feet; 65) 727
N.89°54'55"E., a distance of 73.66 feet; 66) 728
S.83°34'00"E., a distance of 123.39 feet; 67) 729
N.26°18'38"E., a distance of 246.40 feet; 68) 730
N.59°15'32"W., a distance of 117.78 feet; 69) 731
N.25°50'27"W., a distance of 73.80 feet; 70) 732
N.35°14'55"W., a distance of 108.23 feet; 71) 733
N.11°58'30"W., a distance of 127.77 feet; 72) 734
N.02°32'54"W., a distance of 111.01 feet to a point on 735
the South boundary of that certain land described in 736
Official Records Book 935, Page 2041, of the Public 737
Records of Osceola County, Florida; thence along said 738
South boundary of land describe d in Official Records 739
Book 935, Page 2041, N.89°44'06"E., a distance of 740
1720.24 feet to the Southwest corner of that certain 741
land described in Official Records Book 5053, Page 742
2286, of the Public Records of Osceola County, 743
Florida; thence along the West bo undary of said land 744
described in Official Records Book 5053, Page 2286, 745
N.00°32'39"W., a distance of 914.34 feet to the 746
Northwest corner thereof, also being a point on the 747
South right of way line of aforesaid FRIAR'S COVE 748
ROAD, according to Deed Book 163, Page 407, of the 749
Public Records of Osceola County, Florida; thence 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
along said South right of way line, N.89°44'47"E., a 751
distance of 562.19 feet; thence along aforesaid 752
Southerly right of way line of FRIAR'S COVE ROAD, per 753
Florida State Turnpike Authority S UNSHINE STATE 754
PARKWAY (Project No. 2) Right of Way Map Section 10, 755
Station 3914+00 Station 4177+50.00 to Station 756
4283+36.17 and Right of Way Map , Osceola County, 757
Florida, the following three (3) courses: 1) 758
S.00°07'30"E., a distance of 23.01 feet; 2) 759
N.89°52'30"E., a distance of 73.53 feet to a point of 760
curvature; 3) Easterly, 520.85 feet along the arc of a 761
tangent curve to the right having a radius of 1100.92 762
feet and a central angle of 27°06'25" (chord bearing 763
S.76°34'18"E., 516.01 feet) to the Northwest corner of 764
aforesaid land described in Official Records Book 765
1022, Page 2684; thence along the Westerly boundary of 766
said land described in Official Records Book 1022, 767
Page 2684, S.10°37'28"W., a distance of 1807.59 feet 768
to the Southwest corner thereof; the nce along 769
aforesaid South Boundy of land described in Official 770
Records Book 1022, Page 2684, N.89°53'45"E., a 771
distance of 245.61 feet to the POINT OF BEGINNING. 772
773
Containing 4,132.763 acres, more or less. 774
775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
EAST SIDE: 776
777
DESCRIPTION: A parcel of land being a p art of THE 778
SEMINOLE LAND AND INVESTMENT COMPANY'S SUBDIVISION of 779
Section 10, Township 27 South, Range 30 East, 780
according to the plat thereof, recorded in Plat Book 781
B, Page 36, of the Public Records of Osceola County, 782
Florida; together with part of THE SEMI NOLE LAND AND 783
INVESTMENT COMPANY'S SUBDIVISION of Section 11, 784
Township 27 South, Range 30 East, according to the 785
plat thereof, recorded in Plat Book B, Page 40, of the 786
Public Records of Osceola County, Florida; together 787
with part of THE SEMINOLE LAND AND I NVESTMENT 788
COMPANY'S SUBDIVISION of Section 12, Township 27 789
South, Range 30 East, according to the plat thereof, 790
recorded in Plat Book B, Page 37, of the Public 791
Records of Osceola County, Florida; together with part 792
of THE SEMINOLE LAND AND INVESTMENT COMPA NY'S 793
SUBDIVISION of Section 13, Township 27 South, Range 30 794
East, according to the plat thereof, recorded in Plat 795
Book B, Page 41, of the Public Records of Osceola 796
County, Florida; together with part of THE SEMINOLE 797
LAND AND INVESTMENT COMPANY'S SUBDIVISIO N of Section 798
14, Township 27 South, Range 30 East, according to the 799
plat thereof, recorded in Plat Book B, Page 38, of the 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Public Records of Osceola County, Florida; together 801
with THE SEMINOLE LAND AND INVESTMENT COMPANY'S 802
SUBDIVISION of Section 15, Townsh ip 27 South, Range 30 803
East, according to the plat thereof, recorded in Plat 804
Book B, Page 42, of the Public Records of Osceola 805
County, Florida, and; together with lands lying in 806
Section 3, Township 27 South, Range 30 East, Osceola 807
County, Florida, and being more particularly described 808
as follows: 809
810
COMMENCE at the Northeast corner of said Section 3, 811
run thence along the East boundary of said Section 3, 812
following three (3) courses: 1) S.00°05'37"E., a 813
distance of 1319.57 feet to the Northeast corner of 814
the South 1/2 of the Northeast 1/4 of said Section 3, 815
also being the POINT OF BEGINNING; 2) continue 816
S.00°05'37"E., a distance of 1319.57 feet to the East 817
1/4 corner of said Section 3; 3) S.00°03'41"E., a 818
distance of 2642.93 feet to the Southeast corner of 819
said Section 3; thence along the East boundary of 820
aforesaid Section 10, S.00°10'09"E., a distance of 821
1319.54 feet to the Northwest corner of the South 1/2 822
of the Northwest 1/4 of aforesaid Section 11; thence 823
along the North boundary of said South 1/2 of the 824
Northwest 1/4 of Section 11, also being along the 825
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
North boundary of Lots 37, 38, 39, and 40, of 826
aforesaid plat of THE SEMINOLE LAND AND INVESTMENT 827
COMPANY'S SUBDIVISION of Section 11, N.89°52'34"E., a 828
distance of 2643.88 feet to the Northwest corner of 829
the Southwest 1/4 of the Northeast 1/4 of said Section 830
11; thence along the North boundary of said Southwest 831
1/4 of the Northeast 1/4 of Section 11, also being 832
along the North boundary of Lots 35 and 36 of said 833
plat of THE SEMINOLE LAND AND INVESTMENT COMPANY'S 834
SUBDIVISION of Section 11, N.89°52'05"E., a distance 835
of 1320.73 feet to the Northeast corner of said 836
Southwest 1/4 of the Northeast 1/4 of Section 11; 837
thence along the East boundary of said Southwest 1/4 838
of the Northeast 1/4 of Section 11, S.00°16'48"E., a 839
distance of 658.56 feet to the Northwest corner of the 840
South 1/4 of the East 1/2 of said Northeast 1/4 of 841
Section 11; thence along the North boundary of said 842
South 1/4 of the East 1/2 of the Northeast 1/4 of 843
Section 11, also being along the North boundary of 844
Lots 49 and 50, of aforesaid plat of THE SEMINOLE LAND 845
AND INVESTMENT COMPANY'S SUBDIVISION of Section 11, 846
N.89°47'52"E., a distance of 1320.65 feet to the 847
Northeast corner of said South 1/4 of the East 1/2 of 848
the Northeast 1/4 of Section 11; thence alo ng that 849
certain line being the Southerly boundary of those 850
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
lands described in Official Records Book 2768, Page 851
2478, Official records Book 5828, Page 202, and 852
Official Records Book 6068, Page 2655, of the Public 853
Records of Osceola County, Florida, the foll owing two 854
(2) courses: 1) N.48°58'36"E., a distance of 1169.50 855
feet; 2) N.41°18'36"E., a distance of 1527.29 feet to 856
a point on a curve on the West right of way line of 857
CANOE CREEK ROAD (County Road 523), per Florida 858
Department of Transportation Right of W ay Map Section 859
9252-250; thence along said West right of way line of 860
CANOE CREEK ROAD (County Road 523), the following six 861
(6) courses: 1) Southerly, 20.79 feet along the arc of 862
a non-tangent curve to the left having a radius of 863
2914.79 feet and a central angle of 00°24'31" (chord 864
bearing S.14°09'18"E., 20.79 feet) to a point of 865
tangency; 2) S.14°21'33"E., a distance of 601.99 feet 866
to a point of curvature; 3) Southerly, 221.07 feet 867
along the arc of a tangent curve to the right having a 868
radius of 2814.79 fee t and a central angle of 869
04°30'00" (chord bearing S.12°06'33"E., 221.02 feet) 870
to a point of tangency; 4) S.09°51'33"E., a distance 871
of 3391.31 feet to a point of curvature; 5) Southerly, 872
256.63 feet along the arc of a tangent curve to the 873
right having a radius of 2814.79 feet and a central 874
angle of 05°13'26" (chord bearing S.07°14'50"E., 875
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
256.54 feet) to a point of tangency; 6) S.04°38'08"E., 876
a distance of 135.59 feet to the Northeast corner of 877
that certain land described in Official Records Book 878
1847, Page 183, of the Public Records of Osceola 879
County, Florida; thence along the North boundary of 880
said land described in Official Records Book 1847, 881
Page 183, S.89°54'20"W., a distance of 2017.91 feet to 882
the Northwest corner of said land described in 883
Official Records Book 1847, Page 183; thence along the 884
West boundary of said land described in Official 885
Records Book 1847, Page 183, and the West boundary of 886
that certain land described in Official Records Book 887
2333, Page 2868, of the Public Records of Osceola 888
County, Florida, the following two (2) courses: 1) 889
S.00°19'07"E., a distance of 661.37 feet to a point on 890
the North boundary of aforesaid Section 13; 2) 891
S.00°10'48"E., a distance of 330.78 feet to the 892
Northeast corner of that certain parcel of land 893
described in Official Records Book 1113, Page 945, of 894
the Public Records of Osceola County, Florida; thence 895
along the North boundary of said land described in 896
Official Records Book 1113, Page 945, and the Westerly 897
extension thereof, S.89°59'32"W., a distance of 683.25 898
feet to a point on the East boundary of aforesaid 899
Section 14; thence along said East boundary of Section 900
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14, S.00°05'35"E., a distance of 193.71 feet to a 901
point of intersection with said East boundary of 902
Section 14 and the North boundary of that certain land 903
described in Official Records Book 471, Page 774, of 904
the Public Records of Osceola County, Florida; thence 905
along said North boundary of land described in 906
Official Records Book 471, Page 774, and the Easterly 907
extension thereof, S.89°40'24"W., a distance of 908
1441.96 feet to the Northwest corner thereof; thence 909
along the West boundary of said land described in 910
Official Records Book 471, Page 774, S.00°11'28"E., a 911
distance of 1553.27 feet to the Southwest corner 912
thereof; thence along the South boundary of said l and 913
described in Official Records Book 471, Page 774, the 914
following two (2) courses: 1) N.89°48'46"E., a 915
distance of 1438.09 feet; 2) N.89°56'39"E., a distance 916
of 170.05 feet to the Southeast corner of said land 917
described in Official Records Book 471, Page 774; 918
thence along the East boundary of said land described 919
in Official Records Book 471, Page 774, N.00°12'57"W., 920
a distance of 1419.44 feet to a point on the South 921
boundary of aforesaid land described in Official 922
Records Book 1113, Page 945; thence along said South 923
boundary of land described in Official Records Book 924
1113, Page 945, N.89°58'38"E., a distance of 517.95 925
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
feet to the Southeast corner thereof, also being a 926
point on aforesaid West boundary of land described in 927
Official Records Book 2333, Page 28 68; thence along 928
said West boundary of land described in Official 929
Records Book 2333, Page 2868, S.00°10'50"E., a 930
distance of 329.61 feet to the Southeast corner 931
thereof; thence along the South boundary of said land 932
described in Official Records Book 2333, Page 2868, 933
N.89°51'28"E., a distance of 2118.05 feet to the 934
Southeast corner thereof, also being a point on 935
aforesaid West right of way line of CANOE CREEK ROAD 936
(County Road 523); thence along said West right of way 937
line of CANOE CREEK ROAD (County Road 52 3), 938
S.00°20'08"E., a distance of 3320.44 feet to the 939
Northeast corner of that certain land described in 940
Official Records Book 6146, Page 578, of the Public 941
Records of Osceola County, Florida; thence along the 942
North boundary of said land described in Offici al 943
Records Book 6146, Page 578, S.89°40'55"W., a distance 944
of 1398.36 feet to the Northwest corner thereof, also 945
being a point of non -tangent curvature; thence along 946
the Westerly boundary of said land described in 947
Official Records Book 6146, Page 578, the f ollowing 948
four (4) courses: 1) Southwesterly, 237.82 feet along 949
the arc of a non-tangent curve to the right having a 950
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
radius of 806.00 feet and a central angle of 16°54'21" 951
(chord bearing S.44°12'45"W., 236.96 feet) to a point 952
of tangency; 2) S.52°39'55"W., a distance of 118.09 953
feet to a point of curvature; 3) Southwesterly, 642.20 954
feet along the arc of a tangent curve to the left 955
having a radius of 700.00 feet and a central angle of 956
52°33'53" (chord bearing S.26°22'59"W., 619.91 feet) 957
to a point tangency; 4) S.00°06'02"W., a distance of 958
175.03 feet to the Southwest corner of aforesaid land 959
described in Official Records Book 6146, Page 578, 960
also being a point on the South boundary of aforesaid 961
Section 13; thence along said South boundary of 962
Section 13, S.89°50'41"W., a distance of 878.22 feet 963
to the Southwest corner thereof; thence along the 964
South boundary of the Southeast 1/4 of aforesaid 965
Section 14, S.89°59'09"W., a distance of 2640.70 feet 966
to the South 1/4 corner of said Section 14; thence 967
along the South boundary of the Southwest 1/4 of said 968
Section 14, S.89°59'16"W., a distance of 1370.83 feet 969
to the Easterly limited access right of way line of 970
FLORIDA'S TURNPIKE, per said Florida State Turnpike 971
Authority, SUNSHINE STATE PARKWAY (Project No. 2) 972
Right of Way Map Section 10, Station 3914+00 to 973
Station 4010+00, Osceola County, Florida; thence along 974
said Easterly limited access right of way line 975
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
FLORIDA'S TURNPIKE, per Florida State Turnpike 976
Authority, SUNSHINE STATE PARKWAY (Project No. 2) 977
Right of Way Map Sect ion 10, Station 4177+50.00 to 978
Station 4283+36.17 and Right of Way Map Section 10, 979
Station 3914+00 to Station 4010+00, Osceola County, 980
Florida, the following three (3) courses: 1) 981
N.18°29'25"W., a distance of 10462.45 feet to a point 982
of curvature; 2) Northe rly, 1068.25 feet along the arc 983
of a tangent curve to the right having a radius of 984
5529.58 feet and a central angle of 11°04'08" (chord 985
bearing N.12°57'21"W., 1066.59 feet) to a point of 986
tangency; 3) N.07°25'17"W., a distance of 4819.38 feet 987
to the South right of way line of FRIAR'S COVE ROAD, 988
per aforesaid Florida State Turnpike Authority, 989
SUNSHINE STATE PARKWAY (Project No. 2) Right of Way 990
Map Section 10, Station 4177+50.00 to Station 991
4283+36.17; thence along said South right of way line 992
of FRIAR'S COVE ROAD, N.89°53'40"E., a distance of 993
220.33 feet to the East boundary of the Northeast 1/4 994
of the Northwest 1/4 of aforesaid Section 3; thence 995
along said East boundary of the Northeast 1/4 of the 996
Northwest 1/4 of Section 3, S.00°05'21"E., a distance 997
of 1226.37 feet to the Southeast corner thereof; 998
thence along the North boundary of the South 1/2 of 999
the Northeast 1/4 of said Section 3, the following two 1000
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2) courses: 1) N.89°58'59"E., a distance of 1320.30 1001
feet to the Southwest corner of the Northeast 1/4 of 1002
said Northeast 1/4 of Section 3; 2) N.89°56'40"E., a 1003
distance of 1321.15 feet to the POINT OF BEGINNING. 1004
Containing 1,843.473 acres, more or less; 1005
LESS AND EXCEPT: Green Island Ventures, LLC parcel, 1006
according to Official Records Book 3731, Page 1484, of 1007
the Public Records of Osceola County, Florida, and 1008
being more particularly described as follows: 1009
1010
DESCRIPTION: Lot 54, THE SEMINOLE LAND AND INVESTMENT 1011
COMPANY'S SUBDIVISION of Section 14, Township 27 1012
South, Range 30 East, according to the plat thereof, 1013
recorded in Plat Book B, Page 38, of the Public 1014
Records of Osceola County, Florida. 1015
Containing 4.874 acres, more or less; 1016
LESS AND EXCEPT: Mary Beth Henthorne and Phillip John 1017
Sammons parcel, according to Official Records Book 1018
3918, Page 2357, of the Public Recor ds of Osceola 1019
County, Florida, and being more particularly described 1020
as follows: 1021
DESCRIPTION: Lot 29, THE SEMINOLE LAND AND INVESTMENT 1022
COMPANY'S SUBDIVISION of Section 14, Township 27 1023
South, Range 30 East, according to the plat thereof, 1024
recorded in Plat Book B, Page 38, of the Public 1025
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Records of Osceola County, Florida. 1026
Containing 4.880 acres, more or less; 1027
LESS AND EXCEPT: St. Cloud Welding & Fabrication, Inc. 1028
parcel, according to Official Records Book 6287, Page 1029
1570, of the Public Records of Osceola County, 1030
Florida, and being more particularly described as 1031
follows: 1032
PARCEL A: Lot 54, of The Seminole Land & Investment 1033
Company's Subdivision of Section 13, Township 27 1034
South, Range 30 East, according to the plat thereof, 1035
as recorded in Plat Book B, Page 41, of the Public 1036
Records of Osceola County, Florida; LESS AND EXCEPT 1037
the South 145 feet of th e West 315 feet thereof. 1038
And 1039
PARCEL B: The South 145 feet of the West 315 feet of 1040
Lot 54, of The Seminole Land & Investment Company's 1041
Subdivision of Section 13, Township 27 South, Range 30 1042
East, according to the plat thereof, as recorded in 1043
Plat Book B, Page 41, of the Public Records of Osceola 1044
County, Florida. 1045
and 1046
A parcel of land being a portion of Lot 59, Seminole 1047
Land and Investment Company's Subdivision of Section 1048
13, Township 27 South, Range 30 East, according to the 1049
plat thereof, as recorded in Plat Book "B", Page 41, 1050
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the Public Records of Osceola County, Florida and 1051
being more particularly described as follows: 1052
Begin at the Northwest comer of said Lot 59; thence 1053
run North 89°53'37" East along the North line of said 1054
Lot 59, a distance of 302.85 fe et; thence departing 1055
said North line of Lot 59, run South 00°06'23" East, a 1056
distance of 25.00 feet; thence run South 89°53'37" 1057
West, a distance of 302.80 feet to a point on the West 1058
line of said Lot 59; thence run North 00°12'27" West 1059
along the West line o f said Lot 59, a distance of 1060
25.00 feet to the Point of Beginning. 1061
Above Parcel A and Parcel B also being described as 1062
follows: 1063
DESCRIPTION: Part of THE SEMINOLE LAND AND INVESTMENT 1064
COMPANY'S SUBDIVISION of Section 13, Township 27 1065
South, Range 30 East, acc ording to the plat thereof, 1066
recorded in Plat Book B, Page 41, of the Public 1067
Records of Osceola County, Florida, and being more 1068
particularly described as follows: 1069
COMMENCE at the West 1/4 corner of said Section 13, 1070
run thence along the South boundary of the Northwest 1071
1/4 of said Section 13, N.89°53'19"E., a distance of 1072
1362.24 feet to the Southwest corner of the West 1/2 1073
of said Northwest 1/4 of Section 13; thence along the 1074
West boundary of said West 1/2 of the Northwest 1/4 of 1075
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 13, also being the cen terline of a 35-foot 1076
wide right of way, per said plat of THE SEMINOLE LAND 1077
AND INVESTMENT COMPANY'S SUBDIVISION of Section 13, 1078
N.00°28'15"W., a distance of 307.34 feet; thence 1079
N.89°55'45"E., a distance of 34.08 feet to the 1080
Southwest corner of lands describ ed in Official 1081
Records Book 6287, Page 1570, of the Public Records of 1082
Osceola County, Florida, also being the POINT OF 1083
BEGINNING; thence along the West, North, and East 1084
boundary of said lands described in Official Records 1085
Book 6287, Page 1570, the followin g three (3) courses: 1086
1) N.00°10'19"W., a distance of 356.64 feet; 2) 1087
N.89°57'45"E., a distance of 671.32 feet; 3) 1088
S.00°10'10"E., a distance of 331.25 feet; thence along 1089
the South boundary of said Lands described in Official 1090
Records Book 6287, Page 1570, th e following three (3) 1091
courses:1) S.89°55'45"W., a distance of 368.45 feet; 1092
2) S.00°04'15"E., a distance of 25.00 feet; 3) 1093
S.89°55'45"W., a distance of 302.81 feet to the POINT 1094
OF BEGINNING. 1095
Containing 5.282 acres, more or less; 1096
LESS AND EXCEPT: 1097
DESCRIPTION: The East 1/2 of a 35 -foot wide right of 1098
way, per THE SEMINOLE LAND AND INVESTMENT COMPANY'S 1099
SUBDIVISION of Section 14, Township 27 South, Range 30 1100
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
East, according to the plat thereof, recorded in Plat 1101
Book B, Page 38, of the Public Records of Osceola 1102
County, Florida, lying between Lots 54 and 55 of said 1103
plat. 1104
Containing 0.133 acres, more or less; 1105
LESS AND EXCEPT: 1106
DESCRIPTION: The East 1/2 of a 35 -foot wide right of 1107
way, per THE SEMINOLE LAND AND INVESTMENT COMPANY'S 1108
SUBDIVISION of Section 14, Township 27 South, Range 30 1109
East, according to the plat thereof, recorded in Plat 1110
Book B, Page 38, of the Public Records of Osceola 1111
County, Florida, lying between Lots 28 and 29 of said 1112
plat. 1113
Containing 0.133 acres, more or less; 1114
LESS AND EXCEPT: 1115
DESCRIPTION: Part of THE SEMINOLE LAND AND INVESTMENT 1116
COMPANY'S SUBDIVISION of Section 13, Township 27 1117
South, Range 30 East, according to the plat thereof, 1118
recorded in Plat Book B, Page 41, of the Public 1119
Records of Osceola County, Florida, and being more 1120
particularly describ ed as follows: 1121
COMMENCE at the West 1/4 corner of said Section 13, 1122
run thence along the South boundary of the Northwest 1123
1/4 of said Section 13, N.89°53'19"E., a distance of 1124
1362.24 feet to the Southwest corner of the West 1/2 1125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of said Northwest 1/4 of Secti on 13; thence along the 1126
West boundary of said West 1/2 of the Northwest 1/4 of 1127
Section 13, also being the centerline of a 35 -foot 1128
wide right of way, per said plat of THE SEMINOLE LAND 1129
AND INVESTMENT COMPANY'S SUBDIVISION of Section 13, 1130
the following two (2 ) courses: 1) N.00°28'15"W., a 1131
distance of 307.34 feet to the POINT OF BEGINNING; 2) 1132
continue N.00°28'15"W., a distance of 353.88 feet; 1133
thence along the North boundary of Lot 54, and the 1134
Westerly extension thereof, N.89°55'05"E., a distance 1135
of 35.92 feet to a point on the West boundary of lands 1136
described in Official Records Book 6287, Page 1570, of 1137
the Public Records of Osceola County, Florida; thence 1138
along said West boundary of Official Records Book 1139
6287, Page 1570, S.00°10'19"E., a distance of 353.88 1140
feet to the Southwest corner thereof; thence along the 1141
Westerly extension of the South boundary of said 1142
Official Records Book 6287, Page 1570, S.89°55'45"W., 1143
a distance of 34.08 feet to the POINT OF BEGINNING. 1144
Containing 0.284 acres, more or less. 1145
Containing a Net Acreage of 1,827.887 acres, more or 1146
less. East Side and West Side Combined Contains a Net 1147
Acreage of 5,960.650 acres, more or less. 1148
Being subject to any rights -of-way, restrictions and easements 1149
of record. 1150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 5. Board of supervisors; members and meetings; 1151
organization; powers; duties; terms of office; related election 1152
requirements. 1153
(1) The board of the district shall exercise the powers 1154
granted to the district pursuant to this act. The board shall 1155
consist of five members, each of whom shal l hold office for a 1156
term of 4 years, as provided in this section, except as 1157
otherwise provided herein for initial board members, and until a 1158
successor is chosen and qualified. The members of the board must 1159
be residents of the state and citizens of the Unit ed States. 1160
(2)(a) Within 90 days after the effective date of this 1161
act, there shall be held a meeting of the landowners of the 1162
district for the purpose of electing five supervisors for the 1163
district. Notice of the landowners' meeting shall be published 1164
once a week for 2 consecutive weeks in a newspaper that is in 1165
general circulation in the area of the district, the last day of 1166
such publication to be not fewer than 14 days or more than 28 1167
days before the date of the election. The landowners, when 1168
assembled at such meeting, shall organize by electing a chair, 1169
who shall conduct the meeting. The chair may be any person 1170
present at the meeting. If the chair is a landowner or proxy 1171
holder of a landowner, he or she may nominate candidates and 1172
make and second motion s. The landowners present at the meeting, 1173
in person or by proxy, shall constitute a quorum. At any 1174
landowners' meeting, 50 percent of the district acreage shall 1175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not be required to constitute a quorum, and each governing board 1176
member elected by landowners s hall be elected by a majority of 1177
the acreage represented either by owner or proxy present and 1178
voting at said meeting. 1179
(b) At such meeting, each landowner shall be entitled to 1180
cast one vote per acre of land owned by him or her and located 1181
within the district for each person to be elected. A landowner 1182
may vote in person or by proxy in writing. Each proxy must be 1183
signed by one of the legal owners of the property for which the 1184
vote is cast and must contain the typed or printed name of the 1185
individual who signed the proxy; the street address, legal 1186
description of the property, or tax parcel identification 1187
number; and the number of authorized votes. If the proxy 1188
authorizes more than one vote, each property must be listed and 1189
the number of acres of each property must be included. The 1190
signature on a proxy need not be notarized. A fraction of an 1191
acre shall be treated as 1 acre, enti tling the landowner to one 1192
vote with respect thereto. The three candidates receiving the 1193
highest number of votes shall each be elected for terms expiring 1194
November 28, 2028, and the two candidates receiving the next 1195
largest number of votes shall each be ele cted for terms expiring 1196
November 24, 2026, with the term of office for each successful 1197
candidate commencing upon election. The members of the first 1198
board elected by landowners shall serve their respective terms; 1199
however, the next election of board members shall be held on the 1200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
first Tuesday after the first Monday in November 2026. 1201
Thereafter, there shall be an election by landowners for the 1202
district every 2 years on the first Tuesday after the first 1203
Monday in November, which shall be noticed pursuant to para graph 1204
(a). The second and subsequent landowners' election shall be 1205
announced at a public meeting of the board at least 90 days 1206
before the date of the landowners' meeting and shall also be 1207
noticed pursuant to paragraph (a). Instructions on how all 1208
landowners may participate in the election, along with sample 1209
proxies, shall be provided during the board meeting that 1210
announces the landowners' meeting. Each supervisor elected in or 1211
after November 2026 shall serve a 4 -year term. 1212
(3)(a)1. The board may not exer cise the ad valorem taxing 1213
power authorized by this act until such time as all members of 1214
the board are qualified electors who are elected by qualified 1215
electors of the district. 1216
2.a. Regardless of whether the district has proposed to 1217
levy ad valorem taxes, board members shall begin being elected 1218
by qualified electors of the district as the district becomes 1219
populated with qualified electors. The transition shall occur 1220
such that the composition of the board, after the first general 1221
election following a tri gger of the qualified elector population 1222
thresholds set forth below, shall be as follows: 1223
(I) Once 6,435 qualified electors reside within the 1224
district, one governing board member shall be a person who is a 1225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
qualified elector of the district and who was e lected by the 1226
qualified electors, and four governing board members shall be 1227
persons who were elected by the landowners. 1228
(II) Once 12,870 qualified electors reside within the 1229
district, two governing board members shall be persons who are 1230
qualified electors of the district and who were elected by the 1231
qualified electors, and three governing board members shall be 1232
persons elected by the landowners. 1233
(III) Once 19,305 qualified electors reside within the 1234
district, three governing board members shall be persons who are 1235
qualified electors of the district and who were elected by the 1236
qualified electors and two governing board members shall be 1237
persons who were elected by the landowners. 1238
(IV) Once 25,740 qualified electors reside within the 1239
district, four governing board members shall be persons who are 1240
qualified electors of the district and who were elected by the 1241
qualified electors and one governing boa rd member shall be a 1242
person who was elected by the landowners. 1243
(V) Once 30,000 qualified electors reside within the 1244
district, all five governing board members shall be persons who 1245
are qualified electors of the district and who were elected by 1246
the qualified electors. In the event less than 45,000 qualified 1247
electors reside within the district, but the development of the 1248
district has completed the construction of 25,000 residential 1249
units or more, all five governing board members shall be persons 1250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
who were elected by the qualified electors. 1251
Nothing in this sub-subparagraph is intended to require an 1252
election prior to the expiration of an existing board member's 1253
term. 1254
b. On or before June 1 of each election year, the board 1255
shall determine the number of quali fied electors in the district 1256
as of the immediately preceding April 15. The board shall use 1257
and rely upon the official records maintained by the supervisor 1258
of elections and property appraiser or tax collector in Osceola 1259
County in making this determination. Such determination shall be 1260
made at a properly noticed meeting of the board and shall become 1261
a part of the official minutes of the district. 1262
c. All governing board members elected by qualified 1263
electors shall be elected at large at an election occurring as 1264
provided in subsection (2) and this subsection. 1265
d. All governing board members elected by qualified 1266
electors shall reside in the district. 1267
e. Once the district qualifies to have any of its board 1268
members elected by the qualified electors of the dist rict, the 1269
initial and all subsequent elections by the qualified electors 1270
of the district shall be held at the general election in 1271
November. The board shall adopt a resolution, if necessary, to 1272
implement this requirement. The transition process described 1273
herein is intended to be in lieu of the process set forth in s. 1274
189.041, Florida Statutes. 1275
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(b) Elections of board members by qualified electors held 1276
pursuant to this subsection shall be nonpartisan and shall be 1277
conducted in the manner prescribed by law fo r holding general 1278
elections. Board members shall assume the office on the second 1279
Tuesday following their election. 1280
(c) Candidates seeking election to office by qualified 1281
electors under this subsection shall conduct their campaigns in 1282
accordance with the provisions of chapter 106, Florida Statutes, 1283
and shall file qualifying papers and qualify for individual 1284
seats in accordance with s. 99.061, Florida Statutes. 1285
(d) The supervisor of elections shall appoint the 1286
inspectors and clerks of elections, prepare and furnish the 1287
ballots, designate polling places, and canvass the returns of 1288
the election of board members by qualified electors. The county 1289
canvassing board shall declare and certify the results of the 1290
election. 1291
(4) Members of the board, regardless of how elected, 1292
shall be public officers, shall be known as supervisors, and, 1293
upon entering into office, shall take and subscribe to the oath 1294
of office as prescribed by s. 876.05, Florida Statutes. Members 1295
of the board shall be subject to ethics and conflict of interest 1296
laws of the state that apply to all local public officers. They 1297
shall hold office for the terms for which they were elected or 1298
appointed and until their successors are chosen and qualified. 1299
If, during the term of office, a vacancy occurs, the remaining 1300
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members of the board shall fill each vacancy by an appointment 1301
for the remainder of the unexpired term. 1302
(5) Any elected member of the board of supervisors may be 1303
removed by the Governor for malfeasance, misfeasance, 1304
dishonesty, incompetency, o r failure to perform the duties 1305
imposed upon him or her by this act, and any vacancies that may 1306
occur in such office for such reasons shall be filled by the 1307
Governor as soon as practicable. 1308
(6) A majority of the members of the board constitutes a 1309
quorum for the purposes of conducting its business and 1310
exercising its powers and for all other purposes. Action taken 1311
by the district shall be upon a vote of a majority of the 1312
members present unless general law or a rule of the district 1313
requires a greater number . 1314
(7) As soon as practicable after each election or 1315
appointment, the board shall organize by electing one of its 1316
members as chair and by electing a secretary, who need not be a 1317
member of the board, and such other officers as the board may 1318
deem necessary. 1319
(8) The board shall keep a permanent record book entitled 1320
"Record of Proceedings of Waterlin Stewardship District," in 1321
which shall be recorded minutes of all meetings, resolutions, 1322
proceedings, certificates, bonds given by all employees, and any 1323
and all corporate acts. The record book and all other district 1324
records shall at reasonable times be opened to inspection in the 1325
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same manner as state, county, and municipal records pursuant to 1326
chapter 119, Florida Statutes. The record book shall be kept at 1327
the office or other regular place of business maintained by the 1328
board in a designated location in Osceola County. 1329
(9) Each supervisor shall not be entitled to receive 1330
compensation for his or her services; however, each supervisor 1331
shall receive travel and per diem expenses as set forth in s. 1332
112.061, Florida Statutes. 1333
(10) All meetings of the board shall be open to the 1334
public and governed by the provisions of chapter 286, Florida 1335
Statutes. 1336
Section 6. Board of supervisors; general duties. 1337
(1) DISTRICT MANAGER AND EMPLOYEES. The board shall 1338
employ and fix the compensation of a district manager, who shall 1339
have charge and supervision of the works of the district and 1340
shall be responsible for preserving and maintaining any 1341
improvement or facility constructe d or erected pursuant to the 1342
provisions of this act, for maintaining and operating the 1343
equipment owned by the district, and for performing such other 1344
duties as may be prescribed by the board. It shall not be a 1345
conflict of interest under chapter 112, Florid a Statutes, for a 1346
board member or the district manager or another employee of the 1347
district to be a stockholder, officer, or employee of a 1348
landowner or of an entity affiliated with a landowner. The 1349
district manager may hire or otherwise employ and terminate the 1350
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employment of such other persons, including, without limitation, 1351
professional, supervisory, and clerical employees, as may be 1352
necessary and authorized by the board. The compensation and 1353
other conditions of employment of the officers and employees of 1354
the district shall be as provided by the board. 1355
(2) TREASURER. The board shall designate a person who is 1356
a resident of the state as treasurer of the district, who shall 1357
have charge of the funds of the district. Such funds shall be 1358
disbursed only upon the order of or pursuant to a resolution of 1359
the board by warrant or check countersigned by the treasurer and 1360
by such other person as may be authorized by the board. The 1361
board may give the treasurer such other or additional powers and 1362
duties as the board may d eem appropriate and may fix his or her 1363
compensation. The board may require the treasurer to give a bond 1364
in such amount, on such terms, and with such sureties as may be 1365
deemed satisfactory to the board to secure the performance by 1366
the treasurer of his or he r powers and duties. The financial 1367
records of the board shall be audited by an independent 1368
certified public accountant at least once a year. 1369
(3) PUBLIC DEPOSITORY. The board is authorized to select 1370
as a depository for its funds any qualified public depo sitory as 1371
defined in s. 280.02, Florida Statutes, which meets all the 1372
requirements of chapter 280, Florida Statutes, and has been 1373
designated by the treasurer as a qualified public depository 1374
upon such terms and conditions as to the payment of interest by 1375
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such depository upon the funds so deposited as the board may 1376
deem just and reasonable. 1377
(4) BUDGET; REPORTS AND REVIEWS. 1378
(a) The district shall provide financial reports in such 1379
form and such manner as prescribed pursuant to this act and 1380
chapter 218, Florida Statutes, as amended from time to time. 1381
(b) On or before July 15 of each year, the district 1382
manager shall prepare a proposed budget for the ensuing fiscal 1383
year to be submitted to the board for board approval. The 1384
proposed budget shall include at the direction of the board an 1385
estimate of all necessary expenditures of the district for the 1386
ensuing fiscal year and an esti mate of income to the district 1387
from the taxes and assessments provided in this act. The board 1388
shall consider the proposed budget item by item and may either 1389
approve the budget as proposed by the district manager or modify 1390
the same in part or in whole. The board shall indicate its 1391
approval of the budget by resolution, which resolution shall 1392
provide for a hearing on the budget as approved. Notice of the 1393
hearing on the budget shall be published in a newspaper of 1394
general circulation in the area of the district once a week for 1395
two consecutive weeks, except that the first publication shall 1396
be no fewer than 15 days prior to the date of the hearing. The 1397
notice shall further contain a designation of the day, time, and 1398
place of the public hearing. At the time and plac e designated in 1399
the notice, the board shall hear all objections to the budget as 1400
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proposed and may make such changes as the board deems necessary. 1401
At the conclusion of the budget hearing, the board shall, by 1402
resolution, adopt the budget as finally approved by the board. 1403
The budget shall be adopted prior to October 1 of each year. 1404
(c) At least 60 days prior to adoption, the board of 1405
supervisors of the district shall submit to the Board of County 1406
Commissioners of Osceola County, for purposes of disclosure a nd 1407
information only, the proposed annual budget for the ensuing 1408
fiscal year, and the board of county commissioners may submit 1409
written comments to the board of supervisors solely for the 1410
assistance and information of the board of supervisors of the 1411
district in adopting its annual district budget. 1412
(d) The board of supervisors of the district shall submit 1413
annually a public facilities report to the Board of County 1414
Commissioners of Osceola County pursuant to Florida Statutes. 1415
The board of county commissioners may use and rely on the 1416
district's public facilities report in the preparation or 1417
revision of the Osceola County comprehensive plan. 1418
(5) DISCLOSURE OF PUBLIC INFORMATION; WEB -BASED PUBLIC 1419
ACCESS. The district shall take affirmative steps to provide for 1420
the full disclosure of information relating to the public 1421
financing and maintenance of improvements to real property 1422
undertaken by the district. Such information shall be made 1423
available to all existing residents and all prospective 1424
residents of the distri ct. The district shall furnish each 1425
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developer of a residential development within the district with 1426
sufficient copies of that information to provide each 1427
prospective initial purchaser of property in that development 1428
with a copy; and any developer of a resi dential development 1429
within the district, when required by law to provide a public 1430
offering statement, shall include a copy of such information 1431
relating to the public financing and maintenance of improvements 1432
in the public offering statement. The district s hall file the 1433
disclosure documents required by this subsection and any 1434
amendments thereto in the property records of each county in 1435
which the district is located. By the end of the first full 1436
fiscal year of the district's creation, the district shall 1437
maintain an official Internet website in accordance with s. 1438
189.069, Florida Statutes. 1439
(6) GENERAL POWERS. The district shall have, and the 1440
board may exercise, the following general powers: 1441
(a) To sue and be sued in the name of the district; to 1442
adopt and use a seal and authorize the use of a facsimile 1443
thereof; to acquire, by purchase, gift, devise, or otherwise, 1444
and to dispose of, real and personal property, or any estate 1445
therein; and to make and execute contracts and other instruments 1446
necessary or conveni ent to the exercise of its powers. 1447
(b) To apply for coverage of its employees under the 1448
Florida Retirement System in the same manner as if such 1449
employees were state employees. 1450
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(c) To contract for the services of consultants to 1451
perform planning, engin eering, legal, or other appropriate 1452
services of a professional nature. Such contracts shall be 1453
subject to public bidding or competitive negotiation 1454
requirements as set forth in general law applicable to 1455
independent special districts. 1456
(d) To borrow money and accept gifts; to apply for and 1457
use grants or loans of money or other property from the United 1458
States, the state, a unit of local government, or any person for 1459
any district purposes and enter into agreements required in 1460
connection therewith; and to hold , use, and dispose 1461
of such moneys or property for any district purposes in 1462
accordance with the terms of the gift, grant, loan, or agreement 1463
relating thereto. 1464
(e) To adopt and enforce rules and orders pursuant to the 1465
provisions of chapter 120, Florida St atutes, prescribing the 1466
powers, duties, and functions of the officers of the district; 1467
the conduct of the business of the district; the maintenance of 1468
records; and the form of certificates evidencing tax liens and 1469
all other documents and records of the dis trict. The board may 1470
also adopt and enforce administrative rules with respect to any 1471
of the projects of the district and define the area to be 1472
included therein. The board may also adopt resolutions which may 1473
be necessary for the conduct of district busines s. 1474
(f) To maintain an office at such place or places as the 1475
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board of supervisors designates in Osceola County, and within 1476
the district when facilities are available. 1477
(g) To hold, control, and acquire by donation, purchase, 1478
or condemnation, or dispose of, any public easements, 1479
dedications to public use, platted reservations for public 1480
purposes, or any reservations for those purposes authorized by 1481
this act and to make use of such easements, dedications, or 1482
reservations for the purposes authorized by thi s act. 1483
(h) To lease as lessor or lessee to or from any person, 1484
firm, corporation, association, or body, public or private, any 1485
projects of the type that the district is authorized to 1486
undertake and facilities or property of any nature for the use 1487
of the district to carry out the purposes authorized by this 1488
act. 1489
(i) To borrow money and issue bonds, certificates, 1490
warrants, notes, or other evidence of indebtedness as provided 1491
herein; to levy such taxes and assessments as may be authorized; 1492
and to charge, collect, and enforce fees and other user charges. 1493
(j) To raise, by user charges or fees authorized by 1494
resolution of the board, amounts of money which are necessary 1495
for the conduct of district activities and services and to 1496
enforce their receipt and coll ection in the manner prescribed by 1497
resolution not inconsistent with law. 1498
(k) To exercise all powers of eminent domain now or 1499
hereafter conferred on counties in this state provided, however, 1500
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that such power of eminent domain may not be exercised outside 1501
the territorial limits of the district unless the district 1502
receives prior approval by vote of a resolution of the governing 1503
body of the county if the taking will occur in an unincorporated 1504
area in that county, or the governing body of the city if the 1505
taking will occur in an incorporated area. The district shall 1506
not have the power to exercise eminent domain over municipal, 1507
county, state, or federal property. The powers hereinabove 1508
granted to the district shall be so construed to enable the 1509
district to fulfill the objects and purposes of the district as 1510
set forth in this act. 1511
(l) To cooperate with, or contract with, other 1512
governmental agencies as may be necessary, convenient, 1513
incidental, or proper in connection with any of the powers, 1514
duties, or purposes aut horized by this act. 1515
(m) To assess and to impose upon lands in the district ad 1516
valorem taxes as provided by this act. 1517
(n) If and when authorized by general law, to determine, 1518
order, levy, impose, collect, and enforce maintenance taxes. 1519
(o) To determine, order, levy, impose, collect, and 1520
enforce assessments pursuant to this act and chapter 170, 1521
Florida Statutes, as amended from time to time, pursuant to 1522
authority granted in s. 197.3631, Florida Statutes, or pursuant 1523
to other provisions o f general law now or hereinafter enacted 1524
which provide or authorize a supplemental means to order, levy, 1525
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impose, or collect special assessments. Such special 1526
assessments, in the discretion of the district, may be collected 1527
and enforced pursuant to the prov isions of ss. 197.3632 and 1528
197.3635, Florida Statutes, and chapters 170 and 173, Florida 1529
Statutes, as they may be amended from time to time, or as 1530
provided by this act, or by other means authorized by general 1531
law now or hereinafter enacted. The district ma y levy such 1532
special assessments for the purposes enumerated in this act and 1533
to pay special assessments imposed by Osceola County on lands 1534
within the district. 1535
(p) To exercise such special powers and other express 1536
powers as may be authorized and granted by this act in the 1537
charter of the district, including powers as provided in any 1538
interlocal agreement entered into pursuant to chapter 163, 1539
Florida Statutes, or which shall be required or permitted to be 1540
undertaken by the district pursuant to any developmen t order, 1541
including any detailed specific area plan development order, or 1542
any interlocal service agreement with Osceola County for fair -1543
share capital construction funding for any certain capital 1544
facilities or systems required of a developer pursuant to any 1545
applicable development order or agreement. 1546
(q) To exercise all of the powers necessary, convenient, 1547
incidental, or proper in connection with any other powers or 1548
duties or the special and limited purpose of the district 1549
authorized by this act. 1550
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The provisions of this subsection shall be construed liberally 1551
in order to carry out effectively the special and limited 1552
purpose of this act. 1553
(7) SPECIAL POWERS. The district shall have, and the 1554
board may exercise, the following special powers to implement 1555
its lawful and special purpose and to provide, pursuant to that 1556
purpose, systems, facilities, services, improvements, projects, 1557
works, and infrastructure, each of which constitutes a lawful 1558
public purpose when exercised pursuant to this charter, subject 1559
to, and not inconsistent with, general law regarding utility 1560
providers' territorial and service agreements, the regulatory 1561
jurisdiction and permitting authority of all other applicable 1562
governmental bodies, agencies, and any special districts having 1563
authority with respect to any area included therein, and to 1564
plan, establish, acquire, construct or reconstruct, enlarge or 1565
extend, equip, operate, finance, fund, and maintain 1566
improvements, systems, facilities, services, works, projects, 1567
and infrastructure. Any or all of the following special powers 1568
are granted by this act in order to implement the special and 1569
limited purpose of the district: 1570
(a) To provide water management and control for the lands 1571
within the district and to connect some or any of such 1572
facilities with roads and bridges. In the event that the board 1573
assumes the responsibility for providing water management and 1574
control for the district which is to be financed by benefit 1575
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special assessments, the board shall adopt plans and assessments 1576
pursuant to law or ma y proceed to adopt water management and 1577
control plans, assess for benefits, and apportion and levy 1578
special assessments, as follows: 1579
1. The board shall cause to be made by the district's 1580
engineer, or such other engineer or engineers as the board may 1581
employ for that purpose, complete and comprehensive water 1582
management and control plans for the lands located within the 1583
district that will be improved in any part or in whole by any 1584
system of facilities that may be outlined and adopted, and the 1585
engineer shall make a report in writing to the board with maps 1586
and profiles of said surveys and an estimate of the cost of 1587
carrying out and completing the plans. 1588
2. Upon the completion of such plans, the board shall 1589
hold a hearing thereon to hear objections thereto, shall give 1590
notice of the time and place fixed for such hearing by 1591
publication once each week for 2 consecutive weeks in a 1592
newspaper of general circula tion in the general area of the 1593
district, and shall permit the inspection of the plan at the 1594
office of the district by all persons interested. All objections 1595
to the plan shall be filed at or before the time fixed in the 1596
notice for the hearing and shall be in writing. 1597
3. After the hearing, the board shall consider the 1598
proposed plan and any objections thereto and may modify, reject, 1599
or adopt the plan or continue the hearing until a day certain 1600
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for further consideration of the proposed plan or modifications 1601
thereof. 1602
4. When the board approves a plan, a resolution shall be 1603
adopted and a certified copy thereof shall be filed in the 1604
office of the secretary and incorporated by him or her into the 1605
records of the district. 1606
5. The water management and control plan may be altered 1607
in detail from time to time until the engineer's report pursuant 1608
to s. 298.301, Florida Statutes, is filed but not in such manner 1609
as to affect materially the conditions of its adoption. After 1610
the engineer's report has been filed, no alt eration of the plan 1611
shall be made, except as provided by this act. 1612
6. Within 20 days after the final adoption of the plan by 1613
the board, the board shall proceed pursuant to s. 298.301, 1614
Florida Statutes. 1615
(b) To provide water supply, sewer, wastewater, and 1616
reclaimed water management, reclamation, and reuse, or any 1617
combination thereof, and any irrigation systems, facilities, and 1618
services and to construct and operate water systems, sewer 1619
systems, and reclaimed water systems such as connecting 1620
intercepting or outlet sewers and sewer mains and pipes and 1621
water mains, conduits, or pipelines in, along, and under any 1622
street, alley, highway, or other public place or ways, and to 1623
dispose of any effluent, residue, or other byproducts of such 1624
water system, sewer syst em, or reclaimed water system and to 1625
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enter into interlocal agreements and other agreements with 1626
public or private entities for the same. However, such authority 1627
shall be subordinate and subject to the existing powers of the 1628
Tohopekaliga Water Authority to provide water supply, sewer, 1629
wastewater, and reclaimed water service within the Tohopekaliga 1630
Water Authority's service area. 1631
(c) To provide bridges, culverts, wildlife corridors, or 1632
road crossings that may be needed across any drain, ditch, 1633
canal, floodway, holding basin, excavation, public highway, 1634
tract, grade, fill, or cut and roadways over levees and 1635
embankments, and to construct any and all of such works and 1636
improvements across, through, or over any public right -of way, 1637
highway, grade, fill, or cut. 1638
(d) To provide district roads equal to or exceeding the 1639
specifications of the county in which such district roads are 1640
located, and to provide street lights. This special power 1641
includes, but is not limited to, roads, parkways, intersections, 1642
bridges, landscaping, hardscaping, irrigation, bicycle lanes, 1643
sidewalks, jogging paths, multiuse pathways and trails, street 1644
lighting, traffic signals, regulatory or informational signage, 1645
road striping, underground conduit, underground cable or fiber 1646
or wire installed pursuant to an agreement with or tariff of a 1647
retail provider of services, and all other customary elements of 1648
a functioning modern road system in general or as tied to the 1649
conditions of development approval for the area within the 1650
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district, and parking facilities that are freestanding or that 1651
may be related to any innovative strategic intermodal system of 1652
transportation pursuant to applicable federal, state, and local 1653
law and ordinance. 1654
(e) To provide buses, trolleys, rail access, mass transit 1655
facilities, transit shelters, ridesharing facilities and 1656
services, parking improvements, and related signage. 1657
(f) To provide investigation and remediation costs 1658
associated with the cleanup of actual or perceived environmental 1659
contamination within the district under the supervision or 1660
direction of a competent governmental authority unless the 1661
covered costs benefit any person who is a landowner within the 1662
district and who caused or contributed to the contamination. 1663
(g) To provide observation areas, mitigation areas, 1664
wetland creation areas, and wildlife habitat, including the 1665
maintenance of any plant or animal species, and any related 1666
interest in real or personal property. 1667
(h) Using its general and special powers as set forth in 1668
this act, to provide any other project within or without the 1669
boundaries of the district when the project is the subject of an 1670
agreement between the district and the Board of County 1671
Commissioners of Osceola County or with any other applicable 1672
public or private entity, and is not inconsi stent with the 1673
effective local comprehensive plans. 1674
(i) To provide parks and facilities for indoor and 1675
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outdoor recreational, cultural, and educational uses. 1676
(j) To provide school buildings and related structures, 1677
which may be leased, sold, or donated to the school district, 1678
for use in the educational system when authorized by the 1679
district school board. 1680
(k) To provide security, including electronic intrusion -1681
detection systems and patrol cars, when authorized by proper 1682
governmental agencies, and may contract with the appropriate 1683
local general-purpose government agencies for an increased level 1684
of such services within the district boundaries. 1685
(l) To provide control and elimination of mosquitoes and 1686
other arthropods of public health importance. 1687
(m) To enter into impact fee, mobility fee, or other 1688
similar credit agreements with Osceola County or a landowner 1689
developer and to sell or assign such credits, on such terms as 1690
the district deems appropriate. 1691
(n) To provide buildings and structures for dis trict 1692
offices, maintenance facilities, meeting facilities, town 1693
centers, or any other project authorized or granted by this act. 1694
(o) To establish and create, at noticed meetings, such 1695
departments of the board of supervisors of the district, as well 1696
as committees, task forces, boards, or commissions, or other 1697
agencies under the supervision and control of the district, as 1698
from time to time the members of the board may deem necessary or 1699
desirable in the performance of the acts or other things 1700
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necessary to exercise the board's general or special powers to 1701
implement an innovative project to carry out the special and 1702
limited purpose of the district as provided in this act and to 1703
delegate the exercise of its powers to such departments, boards, 1704
task forces, committees, or other agencies, and such 1705
administrative duties and other powers as the board may deem 1706
necessary or desirable, but only if there is a set of expressed 1707
limitations for accountability, notice, and periodic written 1708
reporting to the board that shall r etain the powers of the 1709
board. 1710
(p) To provide electrical, sustainable, or green 1711
infrastructure improvements, facilities, and services, 1712
including, but not limited to, recycling of natural resources, 1713
reduction of energy demands, development and generation of 1714
alternative or renewable energy sources and technologies, 1715
mitigation of urban heat islands, sequestration, capping or 1716
trading of carbon emissions or carbon emissions credits, LEED or 1717
Florida Green Building Coalition certification, and development 1718
of facilities and improvements for low -impact development and to 1719
enter into joint ventures, public -private partnerships, and 1720
other agreements and to grant such easements as may be necessary 1721
to accomplish the foregoing. Nothing herein shall authorize the 1722
district to provide electric service to retail customers or 1723
otherwise act to impair electric utility franchise agreements. 1724
(q) To provide for any facilities or improvements that 1725
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may otherwise be provided for by any county or municipality, 1726
including, but not li mited to, libraries, annexes, substations, 1727
and other buildings to house public officials, staff, and 1728
employees. 1729
(r) To provide waste collection and disposal. 1730
(s) To provide for the construction and operation of 1731
communications systems and related infr astructure for the 1732
carriage and distribution of communications services, and to 1733
enter into joint ventures, public -private partnerships, and 1734
other agreements and to grant such easements as may be necessary 1735
to accomplish the foregoing. Communications systems shall mean 1736
all facilities, buildings, equipment, items, and methods 1737
necessary or desirable in order to provide communications 1738
services, including, without limitation, wires, cables, 1739
conduits, wireless cell sites, computers, modems, satellite 1740
antennae sites, transmission facilities, network facilities, and 1741
appurtenant devices necessary and appropriate to support the 1742
provision of communications services. Communications services 1743
includes, without limitation, internet, voice telephone or 1744
similar services provi ded by voice over internet protocol, cable 1745
television, data transmission services, electronic security 1746
monitoring services, and multi -channel video programming 1747
distribution services. Communications services provided by the 1748
district shall carry or include a ny governmental channel or 1749
other media content created or produced by Osceola County. 1750
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(t) To provide health care facilities and to enter into 1751
public-private partnerships and agreements as may be necessary 1752
to accomplish the foregoing. 1753
(u) To coordinate, work with, and, as the board deems 1754
appropriate, enter into interlocal agreements with any public or 1755
private entity for the provision of an institution or 1756
institutions of higher education. 1757
(v) To coordinate, work with, and as the board deems 1758
appropriate, enter into public -private partnerships and 1759
agreements as may be necessary or useful to effectuate the 1760
purposes of this act. 1761
1762
The enumeration of special powers herein shall not be deemed 1763
exclusive or restrictive but shall be deemed to incorporate all 1764
powers express or implied necessary or incident to carrying out 1765
such enumerated special powers, including also the general 1766
powers provided by this special act charter to the district to 1767
implement its purposes. The district shall not initiate any 1768
service during a fiscal year, if such service is then provided 1769
by Osceola County and funded by Osceola County from the proceeds 1770
of special assessments imposed within the district or from ad 1771
valorem taxes levied within a municipal service taxing unit that 1772
includes all or any portion of the district, unless notice is 1773
provided to Osceola County not later than April 1 of the fiscal 1774
year prior to initiating such service identifying such service 1775
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and the geographic area of the district in which such service 1776
will be provided. Following the provision of such notice, the 1777
district and Osceola County shall enter into an interlocal 1778
agreement providing for a service transition that is revenue -1779
neutral for Osceola County prior to initiation of any such 1780
service by the district. Further, the provisions of this 1781
subsection shall be construed liberally in order to carry out 1782
effectively the special and limited purpose of this district 1783
under this act. 1784
(8) ISSUANCE OF BOND ANTICIPATION NOTES. In addition to 1785
the other powers provided for in this act, and not in limitation 1786
thereof, the district shall have the power, at any time and from 1787
time to time after the issuance of any bonds of the district 1788
shall have been authorized, to borrow money for the purposes for 1789
which such bonds are to be issued in anticipation of the receipt 1790
of the proceeds of the sale of such bonds and to issue bond 1791
anticipation notes in a principal sum not in excess of the 1792
authorized maximum amount of such bond issue. Such notes shall 1793
be in such denomination or denominations, bear interest at such 1794
rate as the board may determine not to exceed the maximum rate 1795
allowed by general law, mature at such time or times not later 1796
than 5 years from the date of issuance, and be in such form and 1797
executed in such manner as the board shall prescribe. Such notes 1798
may be sold at either public or private sale or, if such notes 1799
shall be renewal notes, may be exchanged for notes then 1800
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outstanding on such terms as the board shall determine. Such 1801
notes shall be paid from the proceeds of such bonds when issued. 1802
The board may, in its discretion, in lieu of retiring the notes 1803
by means of bonds, retire them by means of current revenues or 1804
from any taxes or assessments levied for the payment of such 1805
bonds, but, in such event, a like amount of the bonds authorized 1806
shall not be issued. 1807
(9) BORROWING. The district at any time may obtain loans, 1808
in such amount and on such terms and conditions as the board may 1809
approve, for the purpose of paying any of the expenses of the 1810
district or any costs incurred or that may be incurred in 1811
connection with any of the projects of the district, which loans 1812
shall bear interest as the board determines, not to exceed the 1813
maximum rate allowed by general law, and may be payable from and 1814
secured by a pledge of such funds, revenues, taxes, and 1815
assessments as the board may determine, subject, however, to the 1816
provisions contained in any proceeding under which bonds were 1817
theretofore issued and are th en outstanding. For the purpose of 1818
defraying such costs and expenses, the district may issue 1819
negotiable notes, warrants, or other evidences of debt to be 1820
payable at such times and to bear such interest as the board may 1821
determine, not to exceed the maximum rate allowed by general 1822
law, and to be sold or discounted at such price or prices not 1823
less than 95 percent of par value and on such terms as the board 1824
may deem advisable. The board shall have the right to provide 1825
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for the payment thereof by pledging the who le or any part of the 1826
funds, revenues, taxes, and assessments of the district or by 1827
covenanting to budget and appropriate from such funds. The 1828
approval of the electors residing in the district shall not be 1829
necessary except when required by the State Consti tution. 1830
(10) BONDS. 1831
(a) Sale of bonds. Bonds may be sold in blocks or 1832
installments at different times, or an entire issue or series 1833
may be sold at one time. Bonds may be sold at public or private 1834
sale after such advertisement, if any, as the board may deem 1835
advisable, but not in any event at less than 90 percent of the 1836
par value thereof, together with accrued interest thereon. Bonds 1837
may be sold or exchanged for refunding bonds. Special assessment 1838
and revenue bonds may be delivered by the district as paym ent of 1839
the purchase price of any project or part thereof, or a 1840
combination of projects or parts thereof, or as the purchase 1841
price or exchange for any property, real, personal, or mixed, 1842
including franchises or services rendered by any contractor, 1843
engineer, or other person, all at one time or in blocks from 1844
time to time, in such manner and upon such terms as the board in 1845
its discretion shall determine. The price or prices for any 1846
bonds sold, exchanged, or delivered may be: 1847
1. The money paid for the bonds. 1848
2. The principal amount, plus accrued interest to the 1849
date of redemption or exchange, or outstanding obligations 1850
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exchanged for refunding bonds. 1851
3. In the case of special assessment or revenue bonds, 1852
the amount of any indebtedness to contractors or o ther persons 1853
paid with such bonds, or the fair value of any properties 1854
exchanged for the bonds, as determined by the board. 1855
(b) Authorization and form of bonds. Any general 1856
obligation bonds, special assessment bonds, or revenue bonds may 1857
be authorized by resolution or resolutions of the board which 1858
shall be adopted by a majority of all the members thereof then 1859
in office. Such resolution or resolutions may be adopted at the 1860
same meeting at which they are introduced and need not be 1861
published or posted. The board may, by resolution, authorize the 1862
issuance of bonds and fix the aggregate amount of bonds to be 1863
issued; the purpose or purposes for which the moneys derived 1864
therefrom shall be expended, including, but not limited to, 1865
payment of costs as defined in s ection 2(2)(i); the rate or 1866
rates of interest, not to exceed the maximum rate allowed by 1867
general law; the denomination of the bonds; whether or not the 1868
bonds are to be issued in one or more series; the date or dates 1869
of maturity, which shall not exceed 40 y ears from their 1870
respective dates of issuance; the medium of payment; the place 1871
or places within or without the state at which payment shall be 1872
made; registration privileges; redemption terms and privileges, 1873
whether with or without premium; the manner of ex ecution; the 1874
form of the bonds, including any interest coupons to be attached 1875
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thereto; the manner of execution of bonds and coupons; and any 1876
and all other terms, covenants, and conditions thereof and the 1877
establishment of revenue or other funds. Such author izing 1878
resolution or resolutions may further provide for the contracts 1879
authorized by s. 159.825(1)(f) and (g), Florida Statutes, 1880
regardless of the tax treatment of such bonds being authorized, 1881
subject to the finding by the board of a net saving to the 1882
district resulting by reason thereof. Such authorizing 1883
resolution may further provide that such bonds may be executed 1884
in accordance with the Registered Public Obligations Act, except 1885
that bonds not issued in registered form shall be valid if 1886
manually countersigned by an officer designated by appropriate 1887
resolution of the board. The seal of the district may be 1888
affixed, lithographed, engraved, or otherwise reproduced in 1889
facsimile on such bonds. In case any officer whose signature 1890
shall appear on any bonds or coupo ns shall cease to be such 1891
officer before the delivery of such bonds, such signature or 1892
facsimile shall nevertheless be valid and sufficient for all 1893
purposes the same as if he or she had remained in office until 1894
such delivery. 1895
(c) Interim certificates; r eplacement certificates. 1896
Pending the preparation of definitive bonds, the board may issue 1897
interim certificates or receipts or temporary bonds, in such 1898
form and with such provisions as the board may determine, 1899
exchangeable for definitive bonds when such bon ds have been 1900
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executed and are available for delivery. The board may also 1901
provide for the replacement of any bonds which become mutilated, 1902
lost, or destroyed. 1903
(d) Negotiability of bonds. Any bond issued under this 1904
act or any temporary bond, in the absenc e of an express recital 1905
on the face thereof that it is nonnegotiable, shall be fully 1906
negotiable and shall be and constitute a negotiable instrument 1907
within the meaning and for all purposes of the law merchant and 1908
the laws of the state. 1909
(e) Defeasance. The board may make such provision with 1910
respect to the defeasance of the right, title, and interest of 1911
the holders of any of the bonds and obligations of the district 1912
in any revenues, funds, or other properties by which such bonds 1913
are secured as the board dee ms appropriate and, without 1914
limitation on the foregoing, may provide that when such bonds or 1915
obligations become due and payable or shall have been called for 1916
redemption and the whole amount of the principal and interest 1917
and premium, if any, due and payable upon the bonds or 1918
obligations then outstanding shall be held in trust for such 1919
purpose, and provision shall also be made for paying all other 1920
sums payable in connection with such bonds or other obligations, 1921
then and in such event the right, title, and int erest of the 1922
holders of the bonds in any revenues, funds, or other properties 1923
by which such bonds are secured shall thereupon cease, 1924
terminate, and become void; and the board may apply any surplus 1925
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in any sinking fund established in connection with such bon ds or 1926
obligations and all balances remaining in all other funds or 1927
accounts other than moneys held for the redemption or payment of 1928
the bonds or other obligations to any lawful purpose of the 1929
district as the board shall determine. 1930
(f) Issuance of additi onal bonds. If the proceeds of any 1931
bonds are less than the cost of completing the project in 1932
connection with which such bonds were issued, the board may 1933
authorize the issuance of additional bonds, upon such terms and 1934
conditions as the board may provide in the resolution 1935
authorizing the issuance thereof, but only in compliance with 1936
the resolution or other proceedings authorizing the issuance of 1937
the original bonds. 1938
(g) Refunding bonds. The district shall have the power to 1939
issue bonds to provide for the ret irement or refunding of any 1940
bonds or obligations of the district that at the time of such 1941
issuance are or subsequent thereto become due and payable, or 1942
that at the time of issuance have been called or are, or will 1943
be, subject to call for redemption within 10 years thereafter, 1944
or the surrender of which can be procured from the holders 1945
thereof at prices satisfactory to the board. Refunding bonds may 1946
be issued at any time that in the judgment of the board such 1947
issuance will be advantageous to the district. No approval of 1948
the qualified electors residing in the district shall be 1949
required for the issuance of refunding bonds except in cases in 1950
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which such approval is required by the State Constitution. The 1951
board may by resolution confer upon the holders of such 1952
refunding bonds all rights, powers, and remedies to which the 1953
holders would be entitled if they continued to be the owners and 1954
had possession of the bonds for the refinancing of which such 1955
refunding bonds are issued, including, but not limited to, the 1956
preservation of the lien of such bonds on the revenues of any 1957
project or on pledged funds, without extinguishment, impairment, 1958
or diminution thereof. The provisions of this act pertaining to 1959
bonds of the district shall, unless the context otherwise 1960
requires, govern the issuance of refunding bonds, the form and 1961
other details thereof, the rights of the holders thereof, and 1962
the duties of the board with respect to them. 1963
(h) Revenue bonds. 1964
1. The district shall have the power to issue revenue 1965
bonds from time to time without limitation as to amount. Such 1966
revenue bonds may be secured by, or payable from, the gross or 1967
net pledge of the revenues to be derived from any project or 1968
combination of projects; from the rates, fees, or other charges 1969
to be collected from the users of any project or projects; from 1970
any revenue-producing undertaking or activity of the district; 1971
from special assessments; or from benefit special assessments; 1972
or from any other source or pledged security. Such bonds shall 1973
not constitute an indebtedness of the district, and the approval 1974
of the qualified electors shall not be required unless such 1975
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bonds are additionally secured by the full faith and credit and 1976
taxing power of the d istrict. 1977
2. Any two or more projects may be combined and 1978
consolidated into a single project and may hereafter be operated 1979
and maintained as a single project. The revenue bonds authorized 1980
herein may be issued to finance any one or more of such 1981
projects, regardless of whether or not such projects have been 1982
combined and consolidated into a single project. If the board 1983
deems it advisable, the proceedings authorizing such revenue 1984
bonds may provide that the district may thereafter combine the 1985
projects then being financed or theretofore financed with other 1986
projects to be subsequently financed by the district and that 1987
revenue bonds to be thereafter issued by the district shall be 1988
on parity with the revenue bonds then being issued, all on such 1989
terms, conditions, an d limitations as shall have been provided 1990
in the proceeding which authorized the original bonds. 1991
(i) General obligation bonds. 1992
1. Subject to the limitations of this charter, the 1993
district shall have the power from time to time to issue general 1994
obligation bonds to finance or refinance capital projects or to 1995
refund outstanding bonds in an aggregate principal amount of 1996
bonds outstanding at any one time not in excess of 35 percent of 1997
the assessed value of the taxable property within the district 1998
as shown on the pertinent tax records at the time of the 1999
authorization of the general obligation bonds for which the full 2000
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faith and credit of the district is pledged. Except for 2001
refunding bonds, no general obligation bonds shall be issued 2002
unless the bonds are issued to finance or refinance a capital 2003
project and the issuance has been approved at an election held 2004
in accordance with the requirements for such election as 2005
prescribed by the State Constitution. Such elections shall be 2006
called to be held in the district by the Board of County 2007
Commissioners of Osceola County upon the request of the board of 2008
the district. The expenses of calling and holding an election 2009
shall be at the expense of the district and the district shall 2010
reimburse the county for any expenses incurred in calling or 2011
holding such election. 2012
2. The district may pledge its full faith and credit for 2013
the payment of the principal and interest on such general 2014
obligation bonds and for any reserve funds provided therefor and 2015
may unconditionally and irrevocably pl edge itself to levy ad 2016
valorem taxes on all taxable property in the district, to the 2017
extent necessary for the payment thereof, without limitation as 2018
to rate or amount. 2019
3. If the board determines to issue general obligation 2020
bonds for more than one capital project, the approval of the 2021
issuance of the bonds for each and all such projects may be 2022
submitted to the electors on one and the same ballot. The 2023
failure of the electors to approve the issuance of bonds for any 2024
one or more capital projects shall not defe at the approval of 2025
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bonds for any capital project which has been approved by the 2026
electors. 2027
4. In arriving at the amount of general obligation bonds 2028
permitted to be outstanding at any one time pursuant to 2029
subparagraph 1., there shall not be included any g eneral 2030
obligation bonds that are additionally secured by the pledge of: 2031
a. Any assessments levied in an amount sufficient to pay 2032
the principal and interest on the general obligation bonds so 2033
additionally secured, which assessments have been equalized an d 2034
confirmed by resolution of the board pursuant to this act or s. 2035
170.08, Florida Statutes. 2036
b. Water revenues, sewer revenues, or water and sewer 2037
revenues of the district to be derived from user fees in an 2038
amount sufficient to pay the principal and inte rest on the 2039
general obligation bonds so additionally secured. 2040
c. Any combination of assessments and revenues described 2041
in sub-subparagraphs a. and b. 2042
(j) Bonds as legal investment or security. 2043
1. Notwithstanding any provisions of any other law to th e 2044
contrary, all bonds issued under the provisions of this act 2045
shall constitute legal investments for savings banks, banks, 2046
trust companies, insurance companies, executors, administrators, 2047
trustees, guardians, and other fiduciaries and for any board, 2048
body, agency, instrumentality, county, municipality, or other 2049
political subdivision of the state and shall be and constitute 2050
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security which may be deposited by banks or trust companies as 2051
security for deposits of state, county, municipal, or other 2052
public funds or by insurance companies as required or voluntary 2053
statutory deposits. 2054
2. Any bonds issued by the district shall be 2055
incontestable in the hands of bona fide purchasers or holders 2056
for value and shall not be invalid because of any irregularity 2057
or defect in the proceedings for the issue and sale thereof. 2058
(k) Covenants. Any resolution authorizing the issuance of 2059
bonds may contain such covenants as the board may deem 2060
advisable, and all such covenants shall constitute valid and 2061
legally binding and enforceable contracts between the district 2062
and the bondholders, regardless of the time of issuance thereof. 2063
Such covenants may include, without limitation, covenants 2064
concerning the disposition of the bond proceeds; the use and 2065
disposition of project revenues; the ple dging of revenues, 2066
taxes, and assessments; the obligations of the district with 2067
respect to the operation of the project and the maintenance of 2068
adequate project revenues; the issuance of additional bonds; the 2069
appointment, powers, and duties of trustees and receivers; the 2070
acquisition of outstanding bonds and obligations; restrictions 2071
on the establishing of competing projects or facilities; 2072
restrictions on the sale or disposal of the assets and property 2073
of the district; the priority of assessment liens; the pr iority 2074
of claims by bondholders on the taxing power of the district; 2075
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the maintenance of deposits to ensure the payment of revenues by 2076
users of district facilities and services; the discontinuance of 2077
district services by reason of delinquent payments; accel eration 2078
upon default; the execution of necessary instruments; the 2079
procedure for amending or abrogating covenants with the 2080
bondholders; and such other covenants as may be deemed necessary 2081
or desirable for the security of the bondholders. 2082
(l) Validation proceedings. The power of the district to 2083
issue bonds under the provisions of this act may be determined, 2084
and any of the bonds of the district maturing over a period of 2085
more than 5 years shall be validated and confirmed, by court 2086
decree, under the provisions of chapter 75, Florida Statutes, 2087
and laws amendatory thereof or supplementary thereto. 2088
(m) Tax exemption. To the extent allowed by general law, 2089
all bonds issued hereunder and interest paid thereon and all 2090
fees, charges, and other reve nues derived by the district from 2091
the projects provided by this act are exempt from all taxes by 2092
the state or by any political subdivision, agency, or 2093
instrumentality thereof; however, any interest, income, or 2094
profits on debt obligations issued hereunder a re not exempt from 2095
the tax imposed by chapter 220, Florida Statutes. Further, the 2096
district is not exempt from the provisions of chapter 212, 2097
Florida Statutes. 2098
(n) Application of s. 189.051, Florida Statutes. Bonds 2099
issued by the district shall meet the c riteria set forth in s. 2100
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189.051, Florida Statutes. 2101
(o) Act furnishes full authority for issuance of bonds. 2102
This act constitutes full and complete authority for the 2103
issuance of bonds and the exercise of the powers of the district 2104
provided herein. No proc edures or proceedings, publications, 2105
notices, consents, approvals, orders, acts, or things by the 2106
board, or any board, officer, commission, department, agency, or 2107
instrumentality of the district, other than those required by 2108
this act, shall be required to perform anything under this act, 2109
except that the issuance or sale of bonds pursuant to the 2110
provisions of this act shall comply with the general law 2111
requirements applicable to the issuance or sale of bonds by the 2112
district. Nothing in this act shall be const rued to authorize 2113
the district to utilize bond proceeds to fund the ongoing 2114
operations of the district. 2115
(p) Pledge by the state to the bondholders of the 2116
district. The state pledges to the holders of any bonds issued 2117
under this act that it will not limi t or alter the rights of the 2118
district to own, acquire, construct, reconstruct, improve, 2119
maintain, operate, or furnish the projects or to levy and 2120
collect the taxes, assessments, rentals, rates, fees, and other 2121
charges provided for herein and to fulfill the terms of any 2122
agreement made with the holders of such bonds or other 2123
obligations and that it will not in any way impair the rights or 2124
remedies of such holders. 2125
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(q) Default. A default on the bonds or obligations of a 2126
district shall not constitute a debt or obligation of the state 2127
or any general-purpose local government or the state. In the 2128
event of a default or dissolution of the district, no local 2129
general-purpose government shall be required to assume the 2130
property of the district, the debts of the distri ct, or the 2131
district's obligations to complete any infrastructure 2132
improvements or provide any services to the district. The 2133
provisions of s. 189.076(2), Florida Statutes, shall not apply 2134
to the district. 2135
(11) TRUST AGREEMENTS. Any issue of bonds shall be 2136
secured by a trust agreement or resolution by and between the 2137
district and a corporate trustee or trustees, which may be any 2138
trust company or bank having the powers of a trust company 2139
within or without the state. The resolution authorizing the 2140
issuance of the bonds or such trust agreement may pledge the 2141
revenues to be received from any projects of the district and 2142
may contain such provisions for protecting and enforcing the 2143
rights and remedies of the bondholders as the board may approve, 2144
including, without limitation, covenants setting forth the 2145
duties of the district in relation to: the acquisition, 2146
construction, reconstruction, improvement, maintenance, repair, 2147
operation, and insurance of any projects; the fixing and 2148
revising of the rates, fees, and charg es; and the custody, 2149
safeguarding, and application of all moneys and for the 2150
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employment of consulting engineers in connection with such 2151
acquisition, construction, reconstruction, improvement, 2152
maintenance, repair, or operation. It shall be lawful for any 2153
bank or trust company within or without the state which may act 2154
as a depository of the proceeds of bonds or of revenues to 2155
furnish such indemnifying bonds or to pledge such securities as 2156
may be required by the district. Such resolution or trust 2157
agreement may set forth the rights and remedies of the 2158
bondholders and of the trustee, if any, and may restrict the 2159
individual right of action by bondholders. The board may provide 2160
for the payment of proceeds of the sale of the bonds and the 2161
revenues of any project to such officer, board, or depository as 2162
it may designate for the custody thereof and may provide for the 2163
method of disbursement thereof with such safeguards and 2164
restrictions as it may determine. All expenses incurred in 2165
carrying out the provisions of such re solution or trust 2166
agreement may be treated as part of the cost of operation of the 2167
project to which such trust agreement pertains. 2168
(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL 2169
ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL 2170
ASSESSMENTS; MAINTENANCE TAXES. 2171
(a) Ad valorem taxes. At such time as all members of the 2172
board are qualified electors who are elected by qualified 2173
electors of the district, the board shall have the power to levy 2174
and assess an ad valorem tax on all the taxable proper ty in the 2175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
district to construct, operate, and maintain assessable 2176
improvements; to pay the principal of, and interest on, any 2177
general obligation bonds of the district; and to provide for any 2178
sinking or other funds established in connection with any such 2179
bonds. An ad valorem tax levied by the board for operating 2180
purposes, exclusive of debt service on bonds, shall not exceed 3 2181
mills. The ad valorem tax provided for herein shall be in 2182
addition to county and all other ad valorem taxes provided for 2183
by law. Such tax shall be assessed, levied, and collected in the 2184
same manner and at the same time as county taxes. The levy of ad 2185
valorem taxes must be approved by referendum as required by 2186
Section 9 of Article VII of the State Constitution and held at a 2187
general election. 2188
(b) Benefit special assessments. The board annually shall 2189
determine, order, and levy the annual installment of the total 2190
benefit special assessments for bonds issued and related 2191
expenses to finance assessable improvements. These assessments 2192
may be due and collected during each year county taxes are due 2193
and collected, in which case such annual installment and levy 2194
shall be evidenced to and certified to the property appraiser by 2195
the board not later than August 31 of each year. Such assessment 2196
shall be entered by the property appraiser on the county tax 2197
rolls and shall be collected and enforced by the tax collector 2198
in the same manner and at the same time as county taxes, and the 2199
proceeds thereof shall be paid to the district. However, this 2200
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subsection shall not prohibit the district in its discretion 2201
from using the method prescribed in either s. 197.3632 or 2202
chapter 173, Florida Statutes, as each may be amended from time 2203
to time, for collecting and enforcing these assessments. Each 2204
annual installment of bene fit special assessments shall be a 2205
lien on the property against which assessed until paid and shall 2206
be enforceable in like manner as county taxes. The amount of the 2207
assessment for the exercise of the district's powers under 2208
subsections (6) and (7) shall be determined by the board based 2209
upon a report of the district's engineer and assessed by the 2210
board upon such lands, which may be part or all of the lands 2211
within the district benefited by the improvement, apportioned 2212
between benefited lands in proportion to the benefits received 2213
by each tract of land. The board may, if it determines it is in 2214
the best interests of the district, set forth in the proceedings 2215
initially levying such benefit special assessments or in 2216
subsequent proceedings a formula for the determi nation of an 2217
amount, which when paid by a taxpayer with respect to any tax 2218
parcel, shall constitute a prepayment of all future annual 2219
installments of such benefit special assessments and that the 2220
payment of which amount with respect to such tax parcel shal l 2221
relieve and discharge such tax parcel of the lien of such 2222
benefit special assessments and any subsequent annual 2223
installment thereof. The board may provide further that upon 2224
delinquency in the payment of any annual installment of benefit 2225
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special assessments, the prepayment amount of all future annual 2226
installments of benefit special assessments as determined in the 2227
preceding sentence shall be and become immediately due and 2228
payable together with such delinquent annual installment. 2229
(c) Non-ad valorem maintenance taxes. If and when 2230
authorized by general law, to maintain and to preserve the 2231
physical facilities and services constituting the works, 2232
improvements, or infrastructure owned by the district pursuant 2233
to this act, to repair and restore any one or more of them, when 2234
needed, and to defray the current expenses of the district, 2235
including any sum which may be required to pay state and county 2236
ad valorem taxes on any lands which may have been purchased and 2237
which are held by the district under the provisions of this act, 2238
the board of supervisors may, upon the completion of said 2239
systems, facilities, services, works, improvements, or 2240
infrastructure, in whole or in part, as may be certified to the 2241
board by the engineer of the board, levy annually a non -ad 2242
valorem and nonmillage tax upon each tract or parcel of land 2243
within the district, to be known as a "maintenance tax." This 2244
non-ad valorem maintenance tax shall be apportioned upon the 2245
basis of the net assessments of benefits assessed as accruing 2246
from the original construction and shall be evidenced to and 2247
certified by the board of supervisors of the district not later 2248
than June 1 of each year to the Osceola County tax collector and 2249
shall be extended on the tax rolls and collected by the tax 2250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
collector on the merged c ollection roll of the tax collector in 2251
the same manner and at the same time as county ad valorem taxes, 2252
and the proceeds therefrom shall be paid to the district. This 2253
non-ad valorem maintenance tax shall be a lien until paid on the 2254
property against which a ssessed and enforceable in like manner 2255
and of the same dignity as county ad valorem taxes. 2256
(d) Maintenance special assessments. To maintain and 2257
preserve the facilities and projects of the district, the board 2258
may levy a maintenance special assessment. Thi s assessment may 2259
be evidenced to and certified to the tax collector by the board 2260
of supervisors not later than August 31 of each year and shall 2261
be entered by the property appraiser on the county tax rolls and 2262
shall be collected and enforced by the tax coll ector in the same 2263
manner and at the same time as county taxes, and the proceeds 2264
therefrom shall be paid to the district. However, this 2265
subsection shall not prohibit the district in its discretion 2266
from using the method prescribed in s. 197.363, s. 197.3631, or 2267
s. 197.3632, Florida Statutes, for collecting and enforcing 2268
these assessments. These maintenance special assessments shall 2269
be a lien on the property against which assessed until paid and 2270
shall be enforceable in like manner as county taxes. The amount 2271
of the maintenance special assessment for the exercise of the 2272
district's powers under this section shall be determined by the 2273
board based upon a report of the district's engineer and 2274
assessed by the board upon such lands, which may be all of the 2275
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lands within the district benefited by the maintenance thereof, 2276
apportioned between the benefited lands in proportion to the 2277
benefits received by each tract of land. 2278
(e) Special assessments. The board may levy and impose 2279
any special assessments pursuant to this su bsection. 2280
(f) Enforcement of taxes. The collection and enforcement 2281
of all taxes levied by the district shall be at the same time 2282
and in like manner as county taxes, and the provisions of the 2283
laws of Florida relating to the sale of lands for unpaid and 2284
delinquent county taxes; the issuance, sale, and delivery of tax 2285
certificates for such unpaid and delinquent county taxes; the 2286
redemption thereof; the issuance to individuals of tax deeds 2287
based thereon; and all other procedures in connection therewith 2288
shall be applicable to the district to the same extent as if 2289
such statutory provisions were expressly set forth herein. All 2290
taxes shall be subject to the same discounts as county taxes. 2291
(g) When unpaid tax is delinquent; penalty. All taxes 2292
provided for in this act shall become delinquent and bear 2293
penalties on the amount of such taxes in the same manner as 2294
county taxes. 2295
(h) Status of assessments. Benefit special assessments, 2296
maintenance special assessments, and special assessments are 2297
hereby found and deter mined to be non-ad valorem assessments as 2298
defined by s. 197.3632, Florida Statutes. Maintenance taxes are 2299
non-ad valorem taxes and are not special assessments. 2300
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(i) Assessments constitute liens; collection. Any and all 2301
assessments, including special asse ssments, benefit special 2302
assessments, and maintenance special assessments authorized by 2303
this section, and including special assessments as defined by 2304
section 2(2)(z) and granted and authorized by this subsection, 2305
and including maintenance taxes if authoriz ed by general law, 2306
shall constitute a lien on the property against which assessed 2307
from the date of levy and imposition thereof until paid, coequal 2308
with the lien of state, county, municipal, and school board 2309
taxes. These assessments may be collected, at the district's 2310
discretion, under authority of s. 197.3631, Florida Statutes, as 2311
amended from time to time, by the tax collector pursuant to the 2312
provisions of ss. 197.3632 and 197.3635, Florida Statutes, as 2313
amended from time to time, or in accordance with othe r 2314
collection measures provided by law. In addition to, and not in 2315
limitation of, any powers otherwise set forth herein or in 2316
general law, these assessments may also be enforced pursuant to 2317
the provisions of chapter 173, Florida Statutes, as amended from 2318
time to time. 2319
(j) Land owned by governmental entity. Except as 2320
otherwise provided by law, no levy of ad valorem taxes or non -ad 2321
valorem assessments under this act or chapter 170 or chapter 2322
197, Florida Statutes, as each may be amended from time to time, 2323
or otherwise, by a board of the district, on property of a 2324
governmental entity that is subject to a ground lease as 2325
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described in s. 190.003(14), Florida Statutes, shall constitute 2326
a lien or encumbrance on the underlying fee interest of such 2327
governmental entity. 2328
(13) SPECIAL ASSESSMENTS. 2329
(a) As an alternative method to the levy and imposition 2330
of special assessments pursuant to chapter 170, Florida 2331
Statutes, pursuant to the authority of s. 197.3631, Florida 2332
Statutes, or pursuant to other provisions of gene ral law, now or 2333
hereafter enacted, which provide a supplemental means or 2334
authority to impose, levy, and collect special assessments as 2335
otherwise authorized under this act, the board may levy and 2336
impose special assessments to finance the exercise of any of its 2337
powers permitted under this act using the following uniform 2338
procedures: 2339
1. At a noticed meeting, the board of supervisors of the 2340
district may consider and review an engineer's report on the 2341
costs of the systems, facilities, and services to be provid ed, a 2342
preliminary special assessment methodology, and a preliminary 2343
roll based on acreage or platted lands, depending upon whether 2344
platting has occurred. 2345
a. The special assessment methodology shall address and 2346
discuss and the board shall consider whethe r the systems, 2347
facilities, and services being contemplated will result in 2348
special benefits peculiar to the property, different in kind and 2349
degree than general benefits, as a logical connection between 2350
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the systems, facilities, and services themselves and th e 2351
property, and whether the duty to pay the special assessments by 2352
the property owners is apportioned in a manner that is fair and 2353
equitable and not in excess of the special benefit received. It 2354
shall be fair and equitable to designate a fixed proportion o f 2355
the annual debt service, together with interest thereon, on the 2356
aggregate principal amount of bonds issued to finance such 2357
systems, facilities, and services which give rise to unique, 2358
special, and peculiar benefits to property of the same or 2359
similar characteristics under the special assessment methodology 2360
so long as such fixed proportion does not exceed the unique, 2361
special, and peculiar benefits enjoyed by such property from 2362
such systems, facilities, and services. 2363
b. The engineer's cost report shall id entify the nature 2364
of the proposed systems, facilities, and services, their 2365
location, a cost breakdown plus a total estimated cost, 2366
including cost of construction or reconstruction, labor, and 2367
materials, lands, property, rights, easements, franchises, or 2368
systems, facilities, and services to be acquired, cost of plans 2369
and specifications, surveys of estimates of costs and revenues, 2370
costs of engineering, legal, and other professional consultation 2371
services, and other expenses or costs necessary or incident to 2372
determining the feasibility or practicability of such 2373
construction, reconstruction, or acquisition, administrative 2374
expenses, relationship to the authority and power of the 2375
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district in its charter, and such other expenses or costs as may 2376
be necessary or incid ent to the financing to be authorized by 2377
the board of supervisors. 2378
c. The preliminary special assessment roll will be in 2379
accordance with the assessment methodology as may be adopted by 2380
the board of supervisors; the special assessment roll shall be 2381
completed as promptly as possible and shall show the acreage, 2382
lots, lands, or plats assessed and the amount of the fairly and 2383
reasonably apportioned assessment based on special and peculiar 2384
benefit to the property, lot, parcel, or acreage of land; and, 2385
if the special assessment against such lot, parcel, acreage, or 2386
portion of land is to be paid in installments, the number of 2387
annual installments in which the special assessment is divided 2388
shall be entered into and shown upon the special assessment 2389
roll. 2390
2. The board of supervisors of the district may determine 2391
and declare by an initial special assessment resolution to levy 2392
and assess the special assessments with respect to assessable 2393
improvements stating the nature of the systems, facilities, and 2394
services, improvements, projects, or infrastructure constituting 2395
such assessable improvements, the information in the engineer's 2396
cost report, the information in the special assessment 2397
methodology as determined by the board at the noticed meeting 2398
and referencing and incorp orating as part of the resolution the 2399
engineer's cost report, the preliminary special assessment 2400
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methodology, and the preliminary special assessment roll as 2401
referenced exhibits to the resolution by reference. If the board 2402
determines to declare and levy the special assessments by the 2403
initial special assessment resolution, the board shall also 2404
adopt and declare a notice resolution which shall provide and 2405
cause the initial special assessment resolution to be published 2406
once a week for a period of 2 weeks in new spapers of general 2407
circulation published in Osceola County and said board shall by 2408
the same resolution fix a time and place at which the owner or 2409
owners of the property to be assessed or any other persons 2410
interested therein may appear before said board and be heard as 2411
to the propriety and advisability of making such improvements, 2412
as to the costs thereof, as to the manner of payment therefor, 2413
and as to the amount thereof to be assessed against each 2414
property so improved. Thirty days' notice in writing of such 2415
time and place shall be given to such property owners. The 2416
notice shall include the amount of the special assessment and 2417
shall be served by mailing a copy to each assessed property 2418
owner at his or her last known address, the names and addresses 2419
of such property owners to be obtained from the record of the 2420
property appraiser of the county political subdivision in which 2421
the land is located or from such other sources as the district 2422
manager or engineer deems reliable, and proof of such mailing 2423
shall be made by the affidavit of the manager of the district or 2424
by the engineer, said proof to be filed with the district 2425
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manager, provided that failure to mail said notice or notices 2426
shall not invalidate any of the proceedings hereunder. It is 2427
provided further that the last publication shall be at least 1 2428
week prior to the date of the hearing on the final special 2429
assessment resolution. Said notice shall describe the general 2430
areas to be improved and advise all persons interested that the 2431
description of each property to b e assessed and the amount to be 2432
assessed to each piece, parcel, lot, or acre of property may be 2433
ascertained at the office of the manager of the district. Such 2434
service by publication shall be verified by the affidavit of the 2435
publisher and filed with the man ager of the district. Moreover, 2436
the initial special assessment resolution with its attached, 2437
referenced, and incorporated engineer's cost report, preliminary 2438
special assessment methodology, and preliminary special 2439
assessment roll, along with the notice res olution, shall be 2440
available for public inspection at the office of the manager and 2441
the office of the engineer or any other office designated by the 2442
board of supervisors in the notice resolution. Notwithstanding 2443
the foregoing, the landowners of all of the p roperty which is 2444
proposed to be assessed may give the district written notice of 2445
waiver of any notice and publication provided for in this 2446
subparagraph and such notice and publication shall not be 2447
required, provided, however, that any meeting of the board of 2448
supervisors to consider such resolution shall be a publicly 2449
noticed meeting. 2450
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3. At the time and place named in the noticed resolution 2451
as provided for in subparagraph 2., the board of supervisors of 2452
the district shall meet and hear testimony from affe cted 2453
property owners as to the propriety and advisability of making 2454
the systems, facilities, services, projects, works, 2455
improvements, or infrastructure and funding them with 2456
assessments referenced in the initial special assessment 2457
resolution on the propert y. Following the testimony and 2458
questions from the members of the board or any professional 2459
advisors to the district of the preparers of the engineer's cost 2460
report, the special assessment methodology, and the special 2461
assessment roll, the board of supervisor s shall make a final 2462
decision on whether to levy and assess the particular special 2463
assessments. Thereafter, the board of supervisors shall meet as 2464
an equalizing board to hear and to consider any and all 2465
complaints as to the particular special assessments a nd shall 2466
adjust and equalize the special assessments to ensure proper 2467
assessment based on the benefit conferred on the property. 2468
4. When so equalized and approved by resolution or 2469
ordinance by the board of supervisors, to be called the final 2470
special assessment resolution, a final special assessment roll 2471
shall be filed with the clerk of the board and such special 2472
assessment shall stand confirmed and remain legal, valid, and 2473
binding first liens on the property against which such special 2474
assessments are made until paid, equal in dignity to the first 2475
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liens of ad valorem taxation of county and municipal governments 2476
and school boards. However, upon completion of the systems, 2477
facilities, service, project, improvement, works, or 2478
infrastructure, the district shall credit to each of the 2479
assessments the difference in the special assessment as 2480
originally made, approved, levied, assessed, and confirmed and 2481
the proportionate part of the actual cost of the 2482
improvement to be paid by the particular special assessments as 2483
finally determined upon the completion of the improvement; but 2484
in no event shall the final special assessment exceed the amount 2485
of the special and peculiar benefits as apportioned fairly and 2486
reasonably to the property from the system, facility, or service 2487
being provided as originally assessed. Promptly after such 2488
confirmation, the special assessment shall be recorded by the 2489
clerk of the district in the minutes of the proceedings of the 2490
district, and the record of the lien in this set of minutes 2491
shall constitute prima facie evidence of its validity. The board 2492
of supervisors, in its sole discretion, may, by resolution grant 2493
a discount equal to all or a part of the payee's proportionate 2494
share of the cost of the project consisting of bond financing 2495
cost, such as capitalized interest, funded reserves, and bond 2496
discounts included in the estimated cost of the project, upon 2497
payment in full of any special assessments during such period 2498
prior to the time such financing costs are incurred as may be 2499
specified by the boar d of supervisors in such resolution. 2500
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5. District special assessments may be made payable in 2501
installments over no more than 40 years from the date of the 2502
payment of the first installment thereof and may bear interest 2503
at fixed or variable rates. 2504
(b) Notwithstanding any provision of this act or chapter 2505
170, Florida Statutes, that portion of s. 170.09, Florida 2506
Statutes, that provides that special assessments may be paid 2507
without interest at any time within 30 days after the 2508
improvement is completed and a resolution accepting the same has 2509
been adopted by the governing authority shall not be applicable 2510
to any district special assessments, whether imposed, levied, 2511
and collected pursuant to the provisions of this act or other 2512
provisions of Florida law, i ncluding, but not limited to, 2513
chapter 170, Florida Statutes. 2514
(c) In addition, the district is authorized expressly in 2515
the exercise of its rulemaking power to adopt a rule or rules 2516
which provides or provide for notice, levy, imposition, 2517
equalization, and collection of assessments. 2518
(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON 2519
ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS. 2520
(a) The board may, after any special assessments or 2521
benefit special assessments for assessable improvements a re 2522
made, determined, and confirmed as provided in this act, issue 2523
certificates of indebtedness for the amount so assessed against 2524
the abutting property or property otherwise benefited, as the 2525
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case may be, and separate certificates shall be issued against 2526
each part or parcel of land or property assessed, which 2527
certificates shall state the general nature of the improvement 2528
for which the assessment is made. The certificates shall be 2529
payable in annual installments in accordance with the 2530
installments of the spec ial assessment for which they are 2531
issued. The board may determine the interest to be borne by such 2532
certificates, not to exceed the maximum rate allowed by general 2533
law, and may sell such certificates at either private or public 2534
sale and determine the form, manner of execution, and other 2535
details of such certificates. The certificates shall recite that 2536
they are payable only from the special assessments levied and 2537
collected from the part or parcel of land or property against 2538
which they are issued. The proceeds of such certificates may be 2539
pledged for the payment of principal of and interest on any 2540
revenue bonds or general obligation bonds issued to finance in 2541
whole or in part such assessable improvement, or, if not so 2542
pledged, may be used to pay the cost or part of the cost of such 2543
assessable improvements. 2544
(b) The district may also issue assessment bonds, revenue 2545
bonds, or other obligations payable from a special fund into 2546
which such certificates of indebtedness referred to in paragraph 2547
(a) may be deposited or, if such certificates of indebtedness 2548
have not been issued, the district may assign to such special 2549
fund for the benefit of the holders of such assessment bonds or 2550
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other obligations, or to a trustee for such bondholders, the 2551
assessment liens provided for in this act unless such 2552
certificates of indebted ness or assessment liens have been 2553
theretofore pledged for any bonds or other obligations 2554
authorized hereunder. In the event of the creation of such 2555
special fund and the issuance of such assessment bonds or other 2556
obligations, the proceeds of such certifica tes of indebtedness 2557
or assessment liens deposited therein shall be used only for the 2558
payment of the assessment bonds or other obligations issued as 2559
provided in this section. The district is authorized to covenant 2560
with the holders of such assessment bonds, revenue bonds, or 2561
other obligations that it will diligently and faithfully enforce 2562
and collect all the special assessments, and interest and 2563
penalties thereon, for which such certificates of indebtedness 2564
or assessment liens have been deposited in or assign ed to such 2565
fund; to foreclose such assessment liens so assigned to such 2566
special fund or represented by the certificates of indebtedness 2567
deposited in the special fund, after such assessment liens have 2568
become delinquent, and deposit the proceeds derived from such 2569
foreclosure, including interest and penalties, in such special 2570
fund; and to make any other covenants deemed necessary or 2571
advisable in order to properly secure the holders of such 2572
assessment bonds or other obligations. 2573
(c) The assessment bonds, rev enue bonds, or other 2574
obligations issued pursuant to this section shall have such 2575
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dates of issue and maturity as shall be deemed advisable by the 2576
board; however, the maturities of such assessment bonds or other 2577
obligations shall not be more than 2 years aft er the due date of 2578
the last installment which will be payable on any of the special 2579
assessments for which such assessment liens, or the certificates 2580
of indebtedness representing such assessment liens, are assigned 2581
to or deposited in such special fund. 2582
(d) Such assessment bonds, revenue bonds, or other 2583
obligations issued under this section shall bear such interest 2584
as the board may determine, not to exceed the maximum rate 2585
allowed by general law, and shall be executed, shall have such 2586
provisions for redemp tion prior to maturity, shall be sold in 2587
the manner, and shall be subject to all of the applicable 2588
provisions contained in this act for revenue bonds, except as 2589
the same may be inconsistent with the provisions of this 2590
section. 2591
(e) All assessment bonds, revenue bonds, or other 2592
obligations issued under the provisions of this section shall 2593
be, shall constitute, and shall have all the qualities and 2594
incidents of negotiable instruments under the law merchant and 2595
the laws of the state. 2596
(15) TAX LIENS. All ta xes of the district provided for in 2597
this act, together with all penalties for default in the payment 2598
of the same and all costs in collecting the same, including a 2599
reasonable attorney fee fixed by the court and taxed as a cost 2600
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in the action brought to enfor ce payment, shall, from January 1 2601
for each year the property is liable to assessment and until 2602
paid, constitute a lien of equal dignity with the liens for 2603
state and county taxes and other taxes of equal dignity with 2604
state and county taxes upon all the land s against which such 2605
taxes shall be levied. A sale of any of the real property within 2606
the district for state and county or other taxes shall not 2607
operate to relieve or release the property so sold from the lien 2608
for subsequent district taxes or installments of district taxes, 2609
which lien may be enforced against such property as though no 2610
such sale thereof had been made. In addition to, and not in 2611
limitation of, the preceding sentence, for purposes of s. 2612
197.552, Florida Statutes, the lien of all special assess ments 2613
levied by the district shall constitute a lien of record held by 2614
a municipal or county governmental unit. The provisions of ss. 2615
194.171, 197.122, 197.333, and 197.432, Florida Statutes, shall 2616
be applicable to district taxes with the same force and ef fect 2617
as if such provisions were expressly set forth in this act. 2618
(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE 2619
DISTRICT; SHARING IN PROCEEDS OF TAX SALE. 2620
(a) The district shall have the power and right to: 2621
1. Pay any delinquent state, c ounty, district, municipal, 2622
or other tax or assessment upon lands located wholly or 2623
partially within the boundaries of the district. 2624
2. Redeem or purchase any tax sales certificates issued 2625
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or sold on account of any state, county, district, municipal, or 2626
other taxes or assessments upon lands located wholly or 2627
partially within the boundaries of the district. 2628
(b) Delinquent taxes paid, or tax sales certificates 2629
redeemed or purchased, by the district, together with all 2630
penalties for the default in payment o f the same and all costs 2631
in collecting the same and a reasonable attorney fee, shall 2632
constitute a lien in favor of the district of equal dignity with 2633
the liens of state and county taxes and other taxes of equal 2634
dignity with state and county taxes upon all the real property 2635
against which the taxes were levied. The lien of the district 2636
may be foreclosed in the manner provided in this act. 2637
(c) In any sale of land pursuant to s. 197.542, Florida 2638
Statutes, as may be amended from time to time, the district may 2639
certify to the clerk of the circuit court of the county holding 2640
such sale the amount of taxes due to the district upon the lands 2641
sought to be sold, and the district shall share in the 2642
disbursement of the sales proceeds in accordance with the 2643
provisions of this act and under the laws of the state. 2644
(17) FORECLOSURE OF LIENS. Any lien in favor of the 2645
district arising under this act may be foreclosed by the 2646
district by foreclosure proceedings in the name of the district 2647
in a court of competent jurisdiction as provided by general law 2648
in like manner as is provided in chapter 170 or chapter 173, 2649
Florida Statutes, and amendments thereto and the provisions of 2650
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those chapters shall be applicable to such proceedings with the 2651
same force and effect as if those provisi ons were expressly set 2652
forth in this act. Any act required or authorized to be done by 2653
or on behalf of a municipality in foreclosure proceedings under 2654
chapter 170 or chapter 173, Florida Statutes, may be performed 2655
by such officer or agent of the district a s the board of 2656
supervisors may designate. Such foreclosure proceedings may be 2657
brought at any time after the expiration of 1 year from the date 2658
any tax, or installment thereof, becomes delinquent; however, no 2659
lien shall be foreclosed against any political s ubdivision or 2660
agency of the state. Other legal remedies shall remain 2661
available. 2662
(18) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS, 2663
FACILITIES, AND SERVICES. To the full extent permitted by law, 2664
the district shall require all lands, buildings, premises, 2665
persons, firms, and corporations within the district to use the 2666
facilities of the district. 2667
(19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED 2668
PROVISIONS REQUIRED. 2669
(a) No contract shall be let by the board for any goods, 2670
supplies, or materials to be purchased when the amount thereof 2671
to be paid by the district shall exceed the amount provided in 2672
s. 287.017, Florida Statutes, as amended from time to time, for 2673
category four, unless notice of bids shall be advertised once in 2674
a newspaper in general circ ulation in Osceola County. Any board 2675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
seeking to construct or improve a public building, structure, or 2676
other public works shall comply with the bidding procedures of 2677
s. 255.20, Florida Statutes, as amended from time to time, and 2678
other applicable general law . In each case, the bid of the 2679
lowest responsive and responsible bidder shall be accepted 2680
unless all bids are rejected because the bids are too high or 2681
the board determines it is in the best interests of the district 2682
to reject all bids. The board may requi re the bidders to furnish 2683
bond with a responsible surety to be approved by the board. 2684
Nothing in this subsection shall prevent the board from 2685
undertaking and performing the construction, operation, and 2686
maintenance of any project or facility authorized by t his act by 2687
the employment of labor, material, and machinery. 2688
(b) The provisions of the Consultants' Competitive 2689
Negotiation Act, s. 287.055, Florida Statutes, apply to 2690
contracts for engineering, architecture, landscape architecture, 2691
or registered survey ing and mapping services let by the board. 2692
(c) Contracts for maintenance services for any district 2693
facility or project shall be subject to competitive bidding 2694
requirements when the amount thereof to be paid by the district 2695
exceeds the amount provided in s. 287.017, Florida Statutes, as 2696
amended from time to time, for category four. The district shall 2697
adopt rules, policies, or procedures establishing competitive 2698
bidding procedures for maintenance services. Contracts for other 2699
services shall not be subject to competitive bidding unless the 2700
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district adopts a rule, policy, or procedure applying 2701
competitive bidding procedures to said contracts. Nothing herein 2702
shall preclude the use of requests for proposal instead of 2703
invitations to bid as determined by the dist rict to be in its 2704
best interest. 2705
(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION 2706
AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS. 2707
(a) The district is authorized to prescribe, fix, 2708
establish, and collect rates, fees, rentals, or other charges, 2709
hereinafter sometimes referred to as "revenues," and to revise 2710
the same from time to time, for the systems, facilities, and 2711
services furnished by the district including, but not limited 2712
to, recreational facilities, water management and control 2713
facilities, and water and sewer systems; to recover the costs of 2714
making connection with any district service, facility, or 2715
system; and to provide for reasonable penalties against any user 2716
or property for any such rates, fees, rentals, or other charges 2717
that are delinquent. 2718
(b) No such rates, fees, rentals, or other charges for 2719
any of the facilities or services of the district shall be fixed 2720
until after a public hearing at which all the users of the 2721
proposed facility or services or owners, tenants, or occupants 2722
served or to be served thereby and all other interested persons 2723
shall have an opportunity to be heard concerning the proposed 2724
rates, fees, rentals, or other charges. Rates, fees, rentals, 2725
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and other charges shall be adopted under the administrative 2726
rulemaking authority of the district, but shall not apply to 2727
district leases. Notice of such public hearing setting forth the 2728
proposed schedule or schedules of rates, fees, rentals, and 2729
other charges shall have been published in a newspaper of 2730
general circulation in Osce ola County at least once and at least 2731
10 days prior to such public hearing. The rulemaking hearing may 2732
be adjourned from time to time. After such hearing, such 2733
schedule or schedules, either as initially proposed or as 2734
modified or amended, may be finally ad opted. A copy of the 2735
schedule or schedules of such rates, fees, rentals, or charges 2736
as finally adopted shall be kept on file in an office designated 2737
by the board and shall be open at all reasonable times to public 2738
inspection. The rates, fees, rentals, or c harges so fixed for 2739
any class of users or property served shall be extended to cover 2740
any additional users or properties thereafter served which shall 2741
fall in the same class, without the necessity of any notice or 2742
hearing. 2743
(c) Such rates, fees, rentals, and charges shall be just 2744
and equitable and uniform for users of the same class, and when 2745
appropriate may be based or computed either upon the amount of 2746
service furnished, upon the average number of persons residing 2747
or working in or otherwise occupying the 2748
premises served, or upon any other factor affecting the use of 2749
the facilities furnished, or upon any combination of the 2750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
foregoing factors, as may be determined by the board on an 2751
equitable basis. 2752
(d) The rates, fees, rentals, or other charges prescrib ed 2753
shall be such as will produce revenues, together with any other 2754
assessments, taxes, revenues, or funds available or pledged for 2755
such purpose, at least sufficient to provide for the items 2756
hereinafter listed, but not necessarily in the order stated: 2757
1. To provide for all expenses of operation and 2758
maintenance of such facility or service. 2759
2. To pay when due all bonds and interest thereon for the 2760
payment of which such revenues are, or shall have been, pledged 2761
or encumbered, including reserves for suc h purpose. 2762
3. To provide for any other funds which may be required 2763
under the resolution or resolutions authorizing the issuance of 2764
bonds pursuant to this act. 2765
(e) The board shall have the power to enter into 2766
contracts for the use of the projects of th e district and with 2767
respect to the services, systems, and facilities furnished or to 2768
be furnished by the district. 2769
(21) RECOVERY OF DELINQUENT CHARGES. In the event that 2770
any rates, fees, rentals, charges, or delinquent penalties shall 2771
not be paid as and when due and shall be in default for 60 days 2772
or more, the unpaid balance thereof and all interest accrued 2773
thereon, together with reasonable attorney fees and costs, may 2774
be recovered by the district in a civil action. 2775
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(22) DISCONTINUANCE OF SERVICE. In the event the fees, 2776
rentals, or other charges for district services or facilities 2777
are not paid when due, the board shall have the power, under 2778
such reasonable rules and regulations as the board may adopt, to 2779
discontinue and shut off such services until suc h fees, rentals, 2780
or other charges, including interest, penalties, and charges for 2781
the shutting off and discontinuance and the restoration of such 2782
services, are fully paid; and, for such purposes, the board may 2783
enter on any lands, waters, or premises of any person, firm, 2784
corporation, or body, public or private, within the district 2785
limits. Such delinquent fees, rentals, or other charges, 2786
together with interest, penalties, and charges for the shutting 2787
off and discontinuance and the restoration of such services and 2788
facilities and reasonable attorney fees and other expenses, may 2789
be recovered by the district, which may also enforce payment of 2790
such delinquent fees, rentals, or other charges by any other 2791
lawful method of enforcement. 2792
(23) ENFORCEMENT AND PENALTIE S. The board or any 2793
aggrieved person may have recourse to such remedies in law and 2794
at equity as may be necessary to ensure compliance with the 2795
provisions of this act, including injunctive relief to enjoin or 2796
restrain any person violating the provisions of this act or any 2797
bylaws, resolutions, regulations, rules, codes, or orders 2798
adopted under this act. In case any building or structure is 2799
erected, constructed, reconstructed, altered, repaired, 2800
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converted, or maintained, or any building, structure, land, or 2801
water is used, in violation of this act or of any code, order, 2802
resolution, or other regulation made under authority conferred 2803
by this act or under law, the board or any citizen residing in 2804
the district may institute any appropriate action or proceeding 2805
to prevent such unlawful erection, construction, reconstruction, 2806
alteration, repair, conversion, maintenance, or use; to 2807
restrain, correct, or avoid such violation; to prevent the 2808
occupancy of such building, structure, land, or water; and to 2809
prevent any illegal act, conduct, business, or use in or about 2810
such premises, land, or water. 2811
(24) SUITS AGAINST THE DISTRICT. Any suit or action 2812
brought or maintained against the district for damages arising 2813
out of tort, including, without limitation, any claim arising 2814
upon account of an act causing an injury or loss of property, 2815
personal injury, or death, shall be subject to the limitations 2816
provided in s. 768.28, Florida Statutes. 2817
(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION. All 2818
district property shall be exemp t from levy and sale by virtue 2819
of an execution, and no execution or other judicial process 2820
shall issue against such property, nor shall any judgment 2821
against the district be a charge or lien on its property or 2822
revenues; however, nothing contained herein sha ll apply to or 2823
limit the rights of bondholders to pursue any remedy for the 2824
enforcement of any lien or pledge given by the district in 2825
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connection with any of the bonds or obligations of the district. 2826
(26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRI CT. 2827
(a) The board of supervisors of the district shall not 2828
ask the Legislature to repeal or amend this act to expand or to 2829
contract the boundaries of the district or otherwise cause the 2830
merger or termination of the district without first obtaining a 2831
resolution or official statement from the Tohopekaliga Water 2832
Authority and Osceola County as required by s. 189.031(2)(e)4., 2833
Florida Statutes, for creation of an independent special 2834
district. 2835
(b) The district shall remain in existence until: 2836
1. The district is terminated and dissolved pursuant to 2837
amendment to this act by the Legislature. 2838
2. The district has become inactive pursuant to s. 2839
189.062, Florida Statutes. 2840
(27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS. The 2841
district may merge with one or m ore community development 2842
districts situated wholly within its boundaries. The district 2843
shall be the surviving entity of the merger. Any mergers shall 2844
commence upon each such community development district filing a 2845
written request for merger with the distr ict. A copy of the 2846
written request shall also be filed with Osceola County. The 2847
district, subject to the direction of its board of supervisors, 2848
shall enter into a merger agreement which shall provide for the 2849
proper allocation of debt, the manner in which s uch debt shall 2850
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be retired, the transition of the community development district 2851
board, and the transfer of all financial obligations and 2852
operating and maintenance responsibilities to the district. The 2853
execution of the merger agreement by the district and e ach 2854
community development district constitutes consent of the 2855
landowners within each district. The district and each community 2856
development district requesting merger shall hold a public 2857
hearing within its boundaries to provide information about and 2858
take public comment on the proposed merger in the merger 2859
agreement. The public hearing shall be held within 45 days after 2860
the execution of the merger agreement by all parties thereto. 2861
Notice of the public hearing shall be published in a newspaper 2862
of general circulation in Osceola County at least 14 days before 2863
the hearing. At the conclusion of the public hearing, each 2864
district shall consider a resolution approving or disapproving 2865
the proposed merger. If the district and each community 2866
development district which is a party to the merger agreement 2867
adopt a resolution approving the proposed merger, the 2868
resolutions and the merger agreement shall be filed with Osceola 2869
County. Upon receipt of the resolutions approving the merger and 2870
the merger agreement, Osceola County sh all adopt a nonemergency 2871
ordinance dissolving each community development district 2872
pursuant to s. 190.046(10), Florida Statutes. 2873
(28) INCLUSION OF TERRITORY. 2874
(a) The inclusion of any or all territory of the district 2875
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within a municipality does not chang e, alter, or affect the 2876
boundary, territory, existence, or jurisdiction of the district. 2877
(b) The creation and establishment of the district shall 2878
not impair or alter the authority, power, obligations, or 2879
purpose of the Tohopekaliga Water Authority or its successors in 2880
providing water or wastewater services and facilities under the 2881
Tohopekaliga Water Authority Act. 2882
(29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED 2883
DISCLOSURE TO PURCHASER. Subsequent to the creation of this 2884
district under this act, each contract for the initial sale of a 2885
parcel of real property and each contract for the initial sale 2886
of a residential unit within the district shall include, 2887
immediately prior to the space reserved in the contract for the 2888
signature of the purchaser, the following disclosure statement 2889
in boldfaced and conspicuous type which is larger than the type 2890
in the remaining text of the contract: "THE WATERLIN STEWARDSHIP 2891
DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES 2892
AND ASSESSMENTS, ON THIS PROPER TY. THESE TAXES AND ASSESSMENTS 2893
PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF 2894
CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT 2895
AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. 2896
THESE TAXES AND ASSESSMENTS ARE IN A DDITION TO COUNTY AND OTHER 2897
LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND 2898
ASSESSMENTS PROVIDED FOR BY LAW." 2899
(30) NOTICE OF CREATION AND ESTABLISHMENT. Within 30 days 2900
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after the election of the first board of supervisors creating 2901
this district, the district shall cause to be recorded in the 2902
grantor-grantee index of the property records in Osceola County 2903
a "Notice of Creation and Establishment of the Waterlin 2904
Stewardship District." The notice shall, at a minimum, include 2905
the legal description of the property covered by this act. 2906
(31) DISTRICT PROPERTY PUBLIC; FEES. Any system, 2907
facility, service, works, improvement, project, or other 2908
infrastructure owned by the district, or funded by federal tax 2909
exempt bonding issued by the district, is p ublic; and the 2910
district by rule may regulate, and may impose reasonable charges 2911
or fees for, the use thereof, but not to the extent that such 2912
regulation or imposition of such charges or fees constitutes 2913
denial of reasonable access. 2914
Section 7. This act being for the purpose of developing 2915
and promoting the public good and welfare of Osceola County, the 2916
territory included in the district, and the service area 2917
authorized to be served by the Tohopekaliga Water Authority, and 2918
the citizens, inhabitants, ratep ayers, and taxpayers residing 2919
therein, shall be liberally construed to effect the purposes of 2920
the act as consistent with, cumulative, and supplemental to the 2921
powers of the county and the Tohopekaliga Water Authority. 2922
Section 8. If any provision of this act is determined 2923
unconstitutional or otherwise determined invalid by a court of 2924
law, all the rest and remainder of the act shall remain in full 2925
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force and effect as the law of this state. 2926
Section 9. This act shall take effect upon becoming a 2927
law, except that the provisions of this act which authorize the 2928
levy of ad valorem taxation shall take effect only upon express 2929
approval by a majority vote of those qualified electors of the 2930
Waterlin Stewardship District, as required by Section 9 of 2931
Article VII of the State Constitution, voting in a referendum 2932
election held during a general election at such time as all 2933
members of the board are qualified electors who are elected by 2934
qualified electors of the district as provided in this act. 2935