Florida 2025 Regular Session

Florida House Bill H4059 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1212 A bill to be entitled 1
1313 An act relating to the Sunbridge Stewardship District, 2
1414 Osceola County; amending ch. 2017 -220, Laws of 3
1515 Florida; expanding the district to include areas of 4
1616 the City of Orlando; revising legislative intent, 5
1717 definitions, legislative policy, creation and 6
1818 establishment, board of supervisors administrative 7
1919 duties, budgets reports and reviews, and district 8
2020 powers to include references to the City of Orlando 9
2121 and Orange County; amending the district's legal 10
2222 boundaries to include areas of the City of Orlando; 11
2323 requiring district governing board election procedures 12
2424 to involve officials from both counties; requiring 13
2525 general obligation bond elections to occur in both 14
2626 counties; authorizing the levy and collection of non -15
2727 ad valorem maintenance taxes in both counties; 16
2828 providing for required notices to be published in both 17
2929 counties; requiring a referendum; providing an 18
3030 effective date. 19
3131 20
3232 Be It Enacted by the Legislature of the St ate of Florida: 21
3333 22
3434 Section 1. Paragraphs (a), (b), (g), (k), (l), (m), and 23
3535 (n) of subsection (1), paragraph (v) of subsection (2), and 24
3636 paragraphs (a), (d), (f), and (g) of subsection (3) of section 25
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4545 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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4747 2, subsections (2) and (4) of section 3, section 4, para graphs 26
4848 (a) and (d) of subsection (3) and subsection (8) of section 5, 27
4949 paragraphs (c) and (d) of subsection (4), paragraphs (f), (o), 28
5050 and (p) of subsection (6), subsection (7), paragraph (i) of 29
5151 subsection (10), paragraphs (b) and (c) of subsection (12), 30
5252 paragraph (a) of subsection (13), paragraph (a) of subsection 31
5353 (19), paragraphs (a) and (b) of subsection (20), and paragraph 32
5454 (a) of subsection (26) of section 6, and section 7 of chapter 33
5555 2017-220, Laws of Florida, are amended, and paragraph (ee) is 34
5656 added to subsection (2) of section 2 and paragraph (d) is added 35
5757 to subsection (27) of section 6 of that chapter, to read: 36
5858 Section 2. Legislative findings and intent; definitions; 37
5959 policy.— 38
6060 (1) LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT. — 39
6161 (a) The extensive lands located wholly within Osceola 40
6262 County and the City of Orlando and covered by this act contain 41
6363 many opportunities for thoughtful, comprehensive, responsible, 42
6464 and consistent development over a long period. 43
6565 (b) There is a need to use a special and lim ited purpose 44
6666 independent special district unit of local government for the 45
6767 Sunbridge Stewardship District lands located within Osceola 46
6868 County and the City of Orlando and covered by this act to 47
6969 provide for a more comprehensive communities development 48
7070 approach, which will facilitate an integral relationship between 49
7171 transportation, land use and urban design to provide for a 50
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8080 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8282 diverse mix of housing and regional employment and economic 51
8383 development opportunities, rather than fragmented development 52
8484 with underutilized infrastructure generally associated with 53
8585 urban sprawl. 54
8686 (g) The existence and use of such a special and limited 55
8787 purpose local government for the Sunbridge Stewardship District 56
8888 lands, subject to the respective jurisdiction's Osceola County 57
8989 comprehensive plan, will provide for a comprehensive and 58
9090 complete communities development approach to promote a 59
9191 sustainable and efficient land use pattern for the Sunbridge 60
9292 Stewardship District lands with long -term planning for 61
9393 conservation, development, and agricultur e and silviculture on a 62
9494 large scale; provide opportunities for the mitigation of impacts 63
9595 and development of infrastructure in an orderly and timely 64
9696 manner; prevent the overburdening of the local general purpose 65
9797 government and the taxpayers; and provide an enhanced tax base 66
9898 and regional employment and economic development opportunities. 67
9999 (k) In order to be responsive to the critical timing 68
100100 required through the exercise of its special management 69
101101 functions, an independent special district requires financing o f 70
102102 those functions, including bondable lienable and nonlienable 71
103103 revenue, with full and continuing public disclosure and 72
104104 accountability, funded by landowners, both present and future, 73
105105 and funded also by users of the systems, facilities, and 74
106106 services provided to the land area by the special district, 75
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115115 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
116116
117117 without unduly burdening the taxpayers, citizens, and ratepayers 76
118118 of the state, Osceola County, Orange County, any municipality 77
119119 therein, the City of Orlando, or the Tohopekaliga Water 78
120120 Authority. 79
121121 (l) The special district created and established by this 80
122122 act shall not have or exercise any comprehensive planning, 81
123123 zoning, or development permitting power; the establishment of 82
124124 the special district shall not be considered a development order 83
125125 within the meaning of chapter 380, Florida Statutes; and all 84
126126 applicable planning and permitting laws, rules, regulations, and 85
127127 policies of Osceola County and the City of Orlando, and Orange 86
128128 County, only as it relates to the Orange County Territorial 87
129129 Agreements, control the development o f the land to be serviced 88
130130 by the special district. 89
131131 (m) The creation by This act of the Sunbridge Stewardship 90
132132 District is not inconsistent with either the Osceola County or 91
133133 the City of Orlando comprehensive plan. 92
134134 (n) It is the legislative intent and pur pose that no debt 93
135135 or obligation of the special district constitute a burden on any 94
136136 local general-purpose local government, the City of Orlando, 95
137137 Orange County, or the Tohopekaliga Water Authority without its 96
138138 consent. 97
139139 (2) DEFINITIONS.—As used in this act: 98
140140 (v) "Qualified elector" means any person at least 18 years 99
141141 of age who is a citizen of the United States and a legal 100
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150150 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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152152 resident of the state and of the district and who registers to 101
153153 vote with the Supervisor of Elections in Osceola County or 102
154154 Orange County and resides in either Osceola County or the City 103
155155 of Orlando. 104
156156 (ee) "Orange County Territorial Agreements" means the 105
157157 Amended and Restated Orlando Utilities Commission/Orange County 106
158158 Water Service Territorial Agreement between Orlando Utilities 107
159159 Commission and Orange County dated May 4, 1994, as amended on 108
160160 April 19, 2005, and the City of Orlando/Orange County Wastewater 109
161161 Service Territorial Agreement dated May 4, 1994, as amended on 110
162162 May 7, 2003, and March 4, 2004, both as may be further amended 111
163163 from time to time. 112
164164 (3) POLICY.—Based upon its findings, ascertainments, 113
165165 determinations, intent, purpose, and definitions, the 114
166166 Legislature states its policy expressly: 115
167167 (a) The district and the district charter, with its 116
168168 general and special powers, as created in this act, are 117
169169 essential and the best alternative for the residential, 118
170170 commercial, office, hotel, industrial, and other community uses, 119
171171 projects, or functions in the included portions portion of 120
172172 Osceola County and the City of Orlando consistent with the 121
173173 effective comprehensive plan, and designed to serve a lawful 122
174174 public purpose. Additionally, the district and the district 123
175175 charter are not in conflict with and shall not be interpreted in 124
176176 a manner that is inconsistent with the Tohopekaliga Water 125
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185185 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
186186
187187 Authority Act, nor shall such charter amend, supersede, or be 126
188188 interpreted in a manner that is inconsistent with the Orange 127
189189 County Territorial Agreements . 128
190190 (d) The district shall operate and function subject to, 129
191191 and not inconsistent with, the applicable comprehensive plan of 130
192192 either Osceola County or the City of Orlando, and any applicable 131
193193 development orders (e.g. detailed specific area plan development 132
194194 orders), zoning regulations, and other land development 133
195195 regulations, or the Orange County Territorial Agreements . 134
196196 (f) This act may be amended, in whole or in part, only by 135
197197 special act of the Legislature. The board of supervisors of the 136
198198 district shall not ask the Legislature to amend this act without 137
199199 first obtaining a resolution or official statement from Osceola 138
200200 County and the City of Orlando as required by s. 139
201201 189.031(2)(e)4., Florida Statutes, for creation of an 140
202202 independent special district. However, if an amendment alters 141
203203 the district boundaries in only one jurisdiction or affects the 142
204204 district's special powers in only one juri sdiction, it is 143
205205 necessary to secure the resolution or statement from only the 144
206206 affected jurisdiction. The board shall not ask the Legislature 145
207207 to amend this act related to the delivery of potable and 146
208208 nonpotable water and wastewater services in Osceola County or 147
209209 the City of Orlando without first obtaining a resolution 148
210210 approving such amendment from the Tohopekaliga Water Authority 149
211211 or its successors for the property in Osceola County, or Orange 150
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220220 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
221221
222222 County or its successors for the property in the City of 151
223223 Orlando. 152
224224 (g) Nothing in this act is intended to, or shall be 153
225225 construed to, conflict with the Tohopekaliga Water Authority Act 154
226226 or the Orange County Territorial Agreements . Nothing in this act 155
227227 is intended to, or shall be construed to, limit the power of the 156
228228 Tohopekaliga Water Authority or its successors. Pursuant to the 157
229229 Orange County Territorial Agreements, nothing in this act is 158
230230 intended to, or shall be construed to, limit the power of Orange 159
231231 County or its successors over its water, wastewater, and 160
232232 reclaimed water service area within the district. 161
233233 Section 3. Minimum charter requirements; creation and 162
234234 establishment; jurisdiction; construction; charter. — 163
235235 (2) The Sunbridge Stewardship District is created and 164
236236 incorporated as a public body corporate and politic, an 165
237237 independent special and limited purpose local government, an 166
238238 independent special district, under s. 189.031, Florida 167
239239 Statutes, as amended from time to time, and as defined in this 168
240240 act and in s. 189.012(3), Florida Statutes, as amended from time 169
241241 to time, in and for portions of Osceola County and the City of 170
242242 Orlando. Any amendments to chapter 190, Florida Statutes, after 171
243243 January 1, 2017, granting additional general powers, special 172
244244 powers, authorities, or projects to a community development 173
245245 district by amendmen t to its uniform charter, ss. 190.006 -174
246246 190.041, Florida Statutes, which are not inconsistent with the 175
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255255 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
256256
257257 provisions of this act, shall constitute a general power, 176
258258 special power, authority, or function of the Sunbridge 177
259259 Stewardship District. All notices for the enactment by the 178
260260 Legislature of this special act have been provided pursuant to 179
261261 the State Constitution, the Laws of Florida, and the Rules of 180
262262 the Florida House of Representatives and of the Florida Senate. 181
263263 No referendum subsequent to the effective date of this act is 182
264264 required as a condition of establishing the district. Therefore, 183
265265 the district, as created by this act, is established on the 184
266266 property described in this act. 185
267267 (4) The jurisdiction of this district, in the exercise of 186
268268 its general and special pow ers, and in the carrying out of its 187
269269 special and limited purposes, is both within the external 188
270270 boundaries of the legal description of this district and 189
271271 extraterritorially when limited to, and as authorized expressly 190
272272 elsewhere in, the charter of the district as created in this act 191
273273 or applicable general law. This special and limited purpose 192
274274 district is created as a public body corporate and politic, and 193
275275 local government authority and power is limited by its charter, 194
276276 this act, and subject to the provisions of o ther general laws, 195
277277 including chapter 189, Florida Statutes, except that an 196
278278 inconsistent provision in this act shall control and the 197
279279 district has jurisdiction to perform such acts and exercise such 198
280280 authorities, functions, and powers as shall be necessary, 199
281281 convenient, incidental, proper, or reasonable for the 200
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290290 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
291291
292292 implementation of its special and limited purpose regarding the 201
293293 sound planning, provision, acquisition, development, operation, 202
294294 maintenance, and related financing of those public systems, 203
295295 facilities, services, improvements, projects, and infrastructure 204
296296 works as authorized herein, including those necessary and 205
297297 incidental thereto; provided, however, that the district shall 206
298298 not exercise any powers in a manner that is inconsistent with 207
299299 the Orange County Terri torial Agreements. The district shall 208
300300 exercise any of its powers extraterritorially within Osceola 209
301301 County or the City of Orlando upon execution of an interlocal 210
302302 agreement between the district and the respective jurisdiction, 211
303303 which shall include Orange Coun ty as it relates to any services 212
304304 covered by the Orange County Territorial Agreements, Osceola 213
305305 County consenting to the district's exercise of any of such 214
306306 powers within Osceola County or the City of Orlando, or an 215
307307 applicable development order issued by Osce ola County or the 216
308308 City of Orlando. The district shall exercise its power 217
309309 concerning the acquisition, development, operation, and 218
310310 management of a water system, reclaimed water system, and sewer 219
311311 system within the boundaries or the service area of the 220
312312 Tohopekaliga Water Authority only upon execution of and in a 221
313313 manner consistent with an interlocal or similar agreement 222
314314 between the district and the Tohopekaliga Water Authority , or an 223
315315 investor owned utility regulated by the Florida Public Service 224
316316 Commission, Orange County as it relates to any Orange County 225
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325325 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
326326
327327 Territorial Agreements, or any such utility serving lands 226
328328 located within the district . 227
329329 Section 4. Legal description of the Sunbridge Stewardship 228
330330 District.—The metes and bounds legal description of the 229
331331 district, within which there are no parcels of property owned by 230
332332 those who do not wish their property to be included within the 231
333333 district, is as follows: 232
334334 233
335335 Sections 1, 2, 11, 12, 13, 14, 23 and 24, Township 25 234
336336 South, Range 31 East, Osceola County, Florida. AND: 235
337337 The Northwest one-quarter (NW 1/4), The Northeast one -236
338338 quarter (NE 1/4) and all unsurveyed properties in the 237
339339 Northeast one-quarter (NE 1/4) of Section 25, Township 238
340340 25 South, Range 31 East, Osceola County, Florida. AND: 239
341341 The Northeast one-quarter (NE 1/4) of Se ction 27, 240
342342 Township 25 South, Range 31 East, Osceola County, 241
343343 Florida. AND: The West one -half (W 1/2) of the 242
344344 Northwest one-quarter (NW 1/4) of Section 26, Township 243
345345 25 South, Range 31 East, Osceola County, Florida. AND: 244
346346 Sections 5, 6, 7, 8, 16 17, 18, 19, 20, 21, 28, 29, 245
347347 30, 31, 32 and 33, Township 25 South, Range 32 East, 246
348348 Osceola County, Florida. AND: All lands in Sections 4, 247
349349 9, 10, 15, 22, 27 and 34, Township 25 South, Range 32 248
350350 East, Osceola County, Florida, lying West of the 249
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359359 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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361361 Easterly limits of the jurisdict ional wetlands 250
362362 comprising the Econlockhatchee River Swamp. 251
363363 252
364364 AND: 253
365365 254
366366 The South 1/2 of Section 36, Township 25 South, Range 255
367367 31 East, Osceola County, Florida. 256
368368 257
369369 All of New Eden on the Lakes, Unit 8, as filed and 258
370370 recorded in Plat Book 1, Page 336 of the Public 259
371371 Records of Osceola County, Florida. 260
372372 261
373373 All of New Eden on the Lakes, Replat of Unit 9, as 262
374374 filed and recorded in Plat Book 1, Page 341 of the 263
375375 Public Records of Osceola County, Florida, together 264
376376 with: Beginning at the Southeast corner of the NE 1/4 265
377377 of the NW 1/4 of Section 36, T25S, R31E, Osceola 266
378378 County, Florida, run N00°56′29″W, along the East line 267
379379 of the NW 1/4 of said Section 36, 1196.59 ft. to the 268
380380 South Right of Way line of State Road No. 532; run 269
381381 thence S86°43′09″W, along said South Right of Way 270
382382 line, 100.57 ft. to the Point of Curve of a 13596.54 271
383383 ft. Radius Curve to the Left; run thence along said 272
384384 Curve, 64.40 ft. (Chord bearing S86°35′01″W, Chord = 273
385385 64.40 ft.); run thence S03°13′22″E, 1191.61 ft. to the 274
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394394 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
395395
396396 North line of New Eden on the Lakes, Replat of Unit 9, 275
397397 as filed and recorded in Plat Book 1, Page 341 of the 276
398398 Public Records of Osceola County, Florida; run thence 277
399399 N88°35′24″E, along said North line, 117.40 ft. to the 278
400400 Point of Beginning. Said land also described as Lot 1 279
401401 of the unrecorded plat of a portion of t he N 1/2 of 280
402402 the NW 1/4 of Section 36, T25S, R31E, Osceola County, 281
403403 Florida, done by Johnston's Engineers, Inc. under the 282
404404 date of March 29, 1966. 283
405405 284
406406 AND: 285
407407 286
408408 Lot 1, COUNTRY MEADOW NORTH, according to the plat 287
409409 thereof as recorded in Plat Book 2, Page 233 of the 288
410410 Public Records of Osceola County, Florida. 289
411411 290
412412 LESS AND EXCEPT: The West thirty (30) feet of the 291
413413 Northwest quarter of the Southwest quarter (NW1/4 of 292
414414 SW1/4) of said Section Fourteen (14), Township twenty -293
415415 five (25) South, Range thirty -one (31) East, Osceola 294
416416 County, Florida (Deed Book 95, Page 353). 295
417417 296
418418 LESS AND EXCEPT: BEGIN at the Southwest corner of 297
419419 Section 23, Township 25 South, Range 31 East, Osceola 298
420420 County, Florida, thence run North 00°00′10″ West along 299
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429429 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
430430
431431 the West line of said Section 23, a distance of 300
432432 1,150.00 feet to a point; thence departing said West 301
433433 line run North 89°52′31″ East, a distance of 465.00 302
434434 feet to a point; thence run South 00°00′10″ East, a 303
435435 distance of 600.00 feet to a point; thence run South 304
436436 89°52′31″ West, a distance of 340.00 feet to a point; 305
437437 thence run South 00°00′10″ East, a distance of 550.00 306
438438 feet to a point on the South line of said Section 23; 307
439439 thence run South 89°52′31″ West along said South line, 308
440440 a distance of 125.00 feet to the POINT OF BEGINNING 309
441441 (Official Records Book 945, Page 2911). 310
442442 311
443443 LESS AND EXCEPT: A Parcel of Land in that part of 312
444444 Section 1, Township 25 South, Range 31 East, Osceola 313
445445 County, Florida, lying within the right -of-way of 314
446446 Canal 30 as described in Official Records Book 12, 315
447447 Page 143, Osceola County, Florida, public records: 316
448448 said parcel of land being more specifically described 317
449449 as follows: From a 5″ x 5″ concrete monument marking 318
450450 the Northeast (NE) corner of the South one -half (S1/2) 319
451451 of said Section 1, the coordinates of which are X = 320
452452 448,239.56 and Y = 1,456,639.11, bear South 89°41′18″ 321
453453 West, along the North line of the South one -half 322
454454 (S1/2) of said Section 1, a distance of 4190.40 feet 323
455455 to the intersection thereof with the Easterly right -324
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464464 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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466466 of-way line of said Canal 30; Thence, South 0°05′45″ 325
467467 East, along said Easterly right -of-way line, a 326
468468 distance of 756.08 feet to the point of beginning; 327
469469 Thence, continue South 0°05′45″ East, along said 328
470470 Easterly right-of-way line, a distance of 196.57 feet; 329
471471 Thence, South 89°54′15″ West, a distance of 350.00 330
472472 feet to the intersection thereof with the Westerly 331
473473 right-of-way line of said Canal 30; Thence, North 332
474474 0°05′45″ West, along said Westerly right -of-way line, 333
475475 a distance of 196.57 feet; Thence, North 89°54′15″ 334
476476 East, along said Westerly right -of-way line a distance 335
477477 of 350.00 feet to the point of beginn ing. The bearings 336
478478 and coordinates in the above description refer to the 337
479479 standard plane rectangular coordinate system for the 338
480480 East Zone of Florida (Official Records Book 169, Page 339
481481 298). 340
482482 341
483483 LESS AND EXCEPT: Jones Road Right -of-Way as described 342
484484 in Deed Book 155, Page 318 of the Public Records of 343
485485 Osceola County, Florida. 344
486486 345
487487 LESS AND EXCEPT: County Road 532 (Nova Road) Right -of-346
488488 Way as described in Official Records Book 118, Page 4 347
489489 of the Public Records of Osceola County, Florida. 348
490490 349
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499499 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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501501 Being subject to any rights -of-way, restrictions and 350
502502 easements of record. 351
503503 TOGETHER WITH THE FOLLOWING PROPERTY: 352
504504 PARCEL 1 353
505505 That part of Section 25, Township 23 South, Range 31 354
506506 East, and that part of Section 30, Township 23 South, 355
507507 Range 32 East, Orange County, Florida, described as 356
508508 follows: 357
509509 BEGIN at the Northwest corner of said Section 25; 358
510510 thence N89°52'59"E along the North line of the 359
511511 Northwest 1/4 of said Section 25 for a distance of 360
512512 2658.03 feet to the Northwest corner of the Northeast 361
513513 1/4 of said Section 25; thence N89°54'45"E along the 362
514514 North line of said Northeast 1/4 for a distance of 363
515515 2748.33 feet to the Northeast corner of said Section 364
516516 25; thence N89°49'12"E along the North line of the 365
517517 Northwest 1/4 of aforesaid Section 30 for a distance 366
518518 of 299.98 feet to the East Right -of-way line of a 300 367
519519 feet wide Orlando Utilities Commission Railroad Right -368
520520 of-way, as described in Official Records Book 3435, 369
521521 Page 2304, of the Public Records of Orange County, 370
522522 Florida; thence departing said North line run 371
523523 S00°04'54"E along said East Right -of-way line, 2657.02 372
524524 feet; thence S00°01'36"E along said East Right -of-way 373
525525 line, 2407.07 feet to the Northerly limited access 374
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534534 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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536536 Right-of-way line of the Bee Line Expressway (Beach 375
537537 line) State Road 528, pursuant to the Orange County 376
538538 Expressway Authority Right -of-way Map, Section 1.1-377
539539 1.2, 75002-3501; thence departing said East Right -of-378
540540 way line run N77°39'14"W along said Northerly limited 379
541541 access Right-of-way line, 303.13 feet; thence 380
542542 S78°27'34"W along said Northerly limited access Right -381
543543 of-way line, 1324.58 feet; thence N89°33 '35"W along 382
544544 said Northerly limited access Right -of-way line, 383
545545 122.78 feet to the Easterly boundary of lands 384
546546 described in Official Records Document Number 385
547547 20160212591, of the Public Records of Orange County, 386
548548 Florida; thence departing said Northerly limited 387
549549 access Right-of-way line run the following courses and 388
550550 distances along said Easterly boundary: N81°29'16"W, 389
551551 161.20 feet to a non -tangent curve concave Northerly 390
552552 having a radius of 1203.24 feet and a chord bearing of 391
553553 N67°31'58"W; thence Westerly along the ar c of said 392
554554 curve through a central angle of 27°57'19" for a 393
555555 distance of 587.08 feet to a non -tangent line; 394
556556 N47°33'44"W, 175.07 feet; N49°30'18"W, 257.89 feet to 395
557557 the point of curvature of a curve concave Southerly 396
558558 having a radius of 400.00 feet and a chord b earing of 397
559559 N69°52'43"W; thence Westerly along the arc of said 398
560560 curve through a central angle of 40°44'48" for a 399
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569569 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
570570
571571 distance of 284.47 feet to the point of tangency; 400
572572 S89°44'54"W, 252.36 feet; N50°17'21"W, 24.30 feet; 401
573573 N00°15'06"W, 134.38 feet; S89°44'54"W, 7.30 f eet; 402
574574 N06°51'50"W, 138.87 feet; N00°15'14"W, 30.74 feet to 403
575575 the South line of Innovation Way, formerly known as 404
576576 Alafaya Trail Extension, as described in Official 405
577577 Records Book 8893, Page 1974, of the Public Records of 406
578578 Orange County, Florida; thence departing said Easterly 407
579579 boundary run S89°44'46"W along said South line, 119.99 408
580580 feet to the West Right -of-way line of said Innovation 409
581581 Way; thence N00°15'14"W along said West Right -of-way 410
582582 line, 144.57 feet to the point of curvature of a curve 411
583583 concave Westerly having a radius of 1146.16 feet and a 412
584584 chord bearing of N08°13'32"W; thence Northerly along 413
585585 said West Right-of-way line and the arc of said curve 414
586586 through a central angle of 15°56'38" for a distance of 415
587587 318.95 feet to the West boundary of the aforesaid 416
588588 lands described in Official Records Document Number 417
589589 20160212591 and a radial line; thence departing said 418
590590 West Right-of-way line run the following courses and 419
591591 distances along said West boundary: S73°48'09"W along 420
592592 said radial line, 12.00 feet to a non -tangent curve 421
593593 concave Westerly having a radius of 1134.16 feet and a 422
594594 chord bearing of S08°13'34"E; thence Southerly along 423
595595 the arc of said curve through a central angle of 424
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604604 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
605605
606606 15°56'35" for a distance of 315.59 feet to a non -425
607607 tangent curve concave Westerly having a radius of 426
608608 1498.71 feet and a chord bearing of S02°30'59"W; 427
609609 thence Southerly along the arc of said curve through a 428
610610 central angle of 05°32'09" for a distance of 144.81 429
611611 feet to a non-tangent line; S89°44'54"W, 29.21 feet; 430
612612 S06°18'17"W, 68.48 feet to a non -tangent curve concav e 431
613613 Northwesterly having a radius of 1461.05 feet and a 432
614614 chord bearing of S25°10'53"W; thence Southwesterly 433
615615 along the arc of said curve through a central angle of 434
616616 22°40'21" for a distance of 578.15 feet to a non -435
617617 tangent curve concave Northwesterly having a ra dius of 436
618618 1096.02 feet and a chord bearing of S61°05'33"W; 437
619619 thence Southwesterly along the arc of said curve 438
620620 through a central angle of 39°01'56" for a distance of 439
621621 746.65 feet to a non -tangent line and the aforesaid 440
622622 Northerly limited access Right -of-way line of the Bee 441
623623 Line Expressway (Beach line) State Road 528, pursuant 442
624624 to the Orange County Expressway Authority Right -of-way 443
625625 Map, Section 1.1-1.2, 75002-3501; thence departing 444
626626 said West boundary run S89°44'55"W along said 445
627627 Northerly limited access Right -of-way line, 1378.28 446
628628 feet to the West line of the Southwest 1/4 of 447
629629 aforesaid Section 25 and a point lying N00°14'19"E, 448
630630 54.28 feet from the Southwest corner of said Section 449
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641 25; thence N00°14'19"E along said West line, 2602.08 450
642642 feet to the Southwest corner of the afo resaid 451
643643 Northwest 1/4 of Section 25; thence N00°17'00"E along 452
644644 the West line of said Northwest 1/4 for a distance of 453
645645 2654.61 feet to the POINT OF BEGINNING. Bearings and 454
646646 distances are based on the Florida State Plane 455
647647 Coordinate System East Zone, reciprocal g rid factor of 456
648648 1.00005499931, NAD 83 Datum (NSRS 2007). 457
649649 458
650650 LESS AND EXCEPT: H.C. Kelly Road lying in the West 459
651651 300.00 feet of said Section 30, Township 23 South, 460
652652 Range 32 East, Orange County, Florida. 461
653653 462
654654 LESS AND EXCEPT: That portion of Innovation Way 463
655655 (Formerly known as Alafaya Trail Extension), as 464
656656 described in Official Records Book 8893, Page 1974, of 465
657657 the Public Records of Orange County, Florida lying 466
658658 South of the following described line: Begin at the 467
659659 Northwest corner of Monument Parkway Parcel 1001 as 468
660660 described in Official Records Book 10042, Page 7271, 469
661661 of said Public Records, thence run N90°00'00"W for a 470
662662 distance of 119.99 feet to the West Right -of-Way line 471
663663 of said Innovation Way and the Point of Termination. 472
664664 473
665665
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673673 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
674674
675675 LESS AND EXCEPT: Monument Parkway, described as Pa rcel 474
676676 1001 and Parcel 1001A in Official Records Book 10042, 475
677677 Page 7271, of the Public Records of Orange County, 476
678678 Florida, and that portion of Parcel 900, as described 477
679679 in Official Records Book 8893, Page 1974 of said 478
680680 Public Records, lying South of said Parcel 1001 and 479
681681 North of said Parcel 1001A terminating Easterly at a 480
682682 line lying 130.00 feet (ground dimension) South of and 481
683683 parallel with the North line of said Parcel 1001. 482
684684 483
685685 AND: 484
686686 485
687687 PARCEL 2 486
688688 That part of Section 1, Township 24 South, Range 31 487
689689 East and Section 36, Township 23 South, Range 31 East 488
690690 Orange County, Florida, described as follows: 489
691691 Commence at the Northeast corner of said Section 36, 490
692692 said point also being on the West right of way line of 491
693693 a 400.00 feet Orlando Utilities Commission Railroad 492
694694 right of way, as recorded in the Official Records Book 493
695695 3435, Page 2304, of the Public Records of Orange 494
696696 County, Florida; thence the following courses and 495
697697 distances along said West right of way line and the 496
698698 East line of said Section 36, run South 00° 07' 13" 497
699699 East, 533.10 feet to the Point of Beginning; also 498
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708708 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
709709
710710 being a point on the Southerly right of way line of 499
711711 State Road 528 (Bee Line Expressway) as shown on an 500
712712 Orlando - Orange County Expressway Authority Right of 501
713713 Way Map, Section 1.1 - 1.2, 75002 - 3501; thence 502
714714 continue along said West right of way line and East 503
715715 line, South 00° 07' 13" East, 2123.46 feet to the East 504
716716 1/4 corner of said Section 36; thence continue along 505
717717 said West right of way line and East line, South 00° 506
718718 04' 18" East, 2922.70 feet to the Southeast corner of 507
719719 said Section 36; thence leaving said East line of 508
720720 Section 36 and the West right of way line, run the 509
721721 following courses and distances along the East line of 510
722722 said Section 1 and the West right of way line of a 511
723723 300.00 feet Orlando Utilities Commission Railroad 512
724724 right of way, as recorded in the Official Records Book 513
725725 3590, Page 355, of the Public Records of Orange 514
726726 County, Florida, South 00° 02' 07" West, 343.69 feet 515
727727 to the point of curvature of a curve to the right, 516
728728 having a radius of 1990.00 feet and a central angle of 517
729729 41° 06' 13"; thence leaving said East line of Section 518
730730 1, run along the arc of said curve and West right of 519
731731 way line a distance of 1427.61 feet to the point of 520
732732 tangency; thence South 41° 13' 36" West, 3123.90 feet 521
733733 to the centerline of Wewahootee Road, a s recorded in 522
734734 the Official Records Book 5761, Pages 3567 -3602, of 523
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743743 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
744744
745745 the Public Records of Orange County, Florida; thence 524
746746 leaving said West right of way line, run the following 525
747747 courses and distances along said centerline, South 89° 526
748748 39' 56" West, 21.10 feet to the point of curvature of 527
749749 a curve to the left, having a radius of 400.00 feet 528
750750 and a central angle of 44° 01' 33"; thence along the 529
751751 arc of said curve a distance of 307.36 feet to the 530
752752 point of tangency; thence South 45° 38' 23" West, 531
753753 1557.46 feet to the poi nt of curvature of a curve to 532
754754 the right, having a radius of 400.00 feet, a central 533
755755 angle of 38° 11' 16"; thence along the arc of said 534
756756 curve a distance of 266.60 feet to a point on the 535
757757 South line of said Section 1; thence leaving said 536
758758 centerline of Wewahoot ee Road, run North 89° 50' 55" 537
759759 West along said South line 1199.62 feet to the 538
760760 Southwest corner of said Section 1; thence leaving 539
761761 said South line, run North 01° 53' 15" West along the 540
762762 West line of said Section 1 a distance of 2660.90 feet 541
763763 to the West 1/4 corner of said Section 1; thence 542
764764 continue along said West line, North 00° 46' 04" East, 543
765765 2646.14 feet to the Northwest corner of said Section 544
766766 1; thence North 88° 06' 44" West along the South line 545
767767 of said Section 36 a distance of 10.78 feet to the 546
768768 Southwest corner of said Section 36; thence North 00° 547
769769 09' 05" East along the West line of said Section 36 a 548
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778778 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
779779
780780 distance of 2923.13 feet to the West 1/4 corner of 549
781781 said Section 36; thence continue along said West line, 550
782782 North 00° 10' 56" East, 2412.09 feet to said Southerly 551
783783 right of way line of State Road 528 (Bee Line 552
784784 Expressway); thence leaving said West line of Section 553
785785 36, run the following courses and distances along said 554
786786 Southerly right of way, North 89° 45' 47" East, 555
787787 2879.03 feet; thence South 89° 33' 17" East, 1261.51 556
788788 feet; thence South 77° 38' 56" East, 1328.23 feet to 557
789789 the Point of Beginning. 558
790790 559
791791 LESS AND EXCEPT: 560
792792 Parcel 1 (Official Records Book 11029, Page 6496) 561
793793 A parcel of land lying in Section 36, Township 23 562
794794 South, Range 31 East, Orange County, Florida, lying 563
795795 adjacent to the existing south Limited Access Right -564
796796 of-Way line of State Road 528, per Orlando Orange 565
797797 County Expressway Authority Right -of-Way Maps, 566
798798 Sections No. 1.1 and No. 1.2, and the International 567
799799 Corporate Park Interchange Right -of-Way Map, being 568
800800 more particularly described as follows: 569
801801 Commence at a 4"x4" concrete monument (no 570
802802 identification) marking the Northwest Corner of 571
803803 Section 36, Township 23 South, Range 31 East, Orange 572
804804 County, Florida; thence run South 00°11'37" West, 573
805805
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813813 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
814814
815815 along the west line of the Northwes t 1/4 of said 574
816816 Section 36, a distance of 245.80 feet to the 575
817817 intersection with said existing south Limited Access 576
818818 Right-of-Way line, for the Point of Beginning; thence 577
819819 run North 89°44'37" East, along said existing south 578
820820 Limited Access Right -of-Way line, a distance of 579
821821 2877.71 feet; thence run South 89°33'03" East, 580
822822 continuing along said existing south Limited Access 581
823823 Right-of-Way line, a distance of 1262.74 feet; thence 582
824824 run South 77°39'01" East, continuing along said 583
825825 existing south Limited Access Right -of-Way line, a 584
826826 distance of 963.76 feet; thence departing said 585
827827 existing south Limited Access Right -of-Way line, run 586
828828 North 89°40'54" West, a distance of 58.96 feet; thence 587
829829 run North 89°37'26" West, a distance of 884.08 feet to 588
830830 a point lying 200.00 feet south of, at p erpendicular 589
831831 measure to, said existing south Limited Access Right -590
832832 of-Way line; thence run North 89°33'03" West, parallel 591
833833 with said existing south Limited Access Right -of-Way 592
834834 line, a distance of 951.27 feet; thence run South 00° 593
835835 00' 00" East, a distance of 13.85 feet; thence run 594
836836 South 64° 14' 46" West, a distance of 660.22 feet; 595
837837 thence run South 03° 12' 40" West, a distance of 30.15 596
838838 feet; thence run South 89° 57' 31" West, a distance of 597
839839 365.62 feet; thence run North 03°51' 51" West, a 598
840840
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848848 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
849849
850850 distance of 43.00 feet; thence run South 89° 44' 46" 599
851851 West, a distance of 80.38 feet to a point of curvature 600
852852 with a curve concave to the north; thence run westerly 601
853853 along the arc of said curve, having a radius of 827.00 602
854854 feet, a central angle of 11°34' 38", a chord length of 603
855855 166.82 feet bearing North 84°27' 55" West, an arc 604
856856 distance of 167.10 feet to a point of compound 605
857857 curvature of a curve concave to the northeast; thence 606
858858 run northwesterly along the arc of said curve, having 607
859859 a radius of 512.00 feet, a central angle of 17° 608
860860 57'18", a chord length of 159.79 feet bearing North 609
861861 69°41' 57" West, an arc distance of 160.45 feet , to a 610
862862 point of tangency; thence run North 60° 43' 19" West, 611
863863 a distance of 379.83 feet; thence run South 612
864864 89°44'37"West, a distance of 64.32 feet; thence run 613
865865 North 00°15' 23" West, a distance of 27.50 feet, to a 614
866866 point lying 200.00 feet south of, at perpendicular 615
867867 measure to, said existing south Limited Access Right -616
868868 of-Way line; thence run South 89°44'37" West, parallel 617
869869 with said existing south Limited Access Right -of-Way 618
870870 line, a distance of 1431.38 feet to said west line of 619
871871 the Northwest 1/4 of Section 36; thence run North 620
872872 00°11'37" East, along said west line, a distance of 621
873873 200.01 feet to the intersection with said existing 622
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882882 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
883883
884884 south Limited Access Right -of-Way line and the Point 623
885885 of Beginning. 624
886886 625
887887 AND: 626
888888 627
889889 Retention/Detention Pond Area (Official Records Book 628
890890 4282, Page 3520) 629
891891 Commence at the Southeast corner of the Northeast 1/4 630
892892 of Section 36, Township 23 South, Range 31 East, 631
893893 Orange County, Florida; thence N00°07'13"W along the 632
894894 East line of said Northeast 1/4, 677.59 feet to the 633
895895 POINT OF BEGINNING; Continue N00°07'13"W, 370.00 feet 634
896896 to a point on the Southerly right -of-way line of the 635
897897 Bee Line Expressway (S.R. 528) access road and being a 636
898898 point on a curve concave Northerly and havin g a radius 637
899899 of 482.42 feet; thence departing said East line on a 638
900900 chord bearing of N69°04'46"W run Northwesterly along 639
901901 the arc of said curve, through a central angle of 640
902902 16°47'58", 141.45 feet; thence S79°13'57"W, 27.35 feet 641
903903 to a line of limited access and a point on a curve 642
904904 concave Northwesterly having a radius of 846.94 feet; 643
905905 thence on a chord bearing of S41°15'40"W run 644
906906 Southwesterly along the arc of said curve through a 645
907907 central angle of 14°43'36", 217.69 feet to the end of 646
908908 said line of limited access; thenc e S38°45'10"E, 647
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917917 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
918918
919919 323.44 feet; thence N89°52'47"E, 100.00 feet to the 648
920920 POINT OF BEGINNING. 649
921921 650
922922 AND: 651
923923 652
924924 PARCEL 3 653
925925 (CAMINO REAL 110' STRIP PARCEL 2) 654
926926 A parcel of land within the Southeast 1/4 of Section 655
927927 1, Township 24 South, Range 31 East, Orange County, 656
928928 Florida, lying South of the centerline of Wewahootee 657
929929 Road, and lying Northwesterly of the Northwest right -658
930930 of-way line of a 300-foot-wide Orlando Utilities 659
931931 Commission Railroad right -of-way, as recorded in 660
932932 Official Records Book 3471, Page 617, of said Public 661
933933 Records, more particularly described as follows: 662
934934 Commence at the South 1/4 corner of said Section 1; 663
935935 thence N00°16'08"W along the West line of the 664
936936 Southeast 1/4 of said Section 1 for a distance of 665
937937 1056.39 feet to said Northwest right -of-way line of a 666
938938 300-foot-wide Orlando Utilities Commission Railroad 667
939939 right-of-way and the POINT OF BEGINNING; thence 668
940940 continue N00°16'08"W along said West line 204.81 feet 669
941941 to the centerline of said Wewahootee Road and a point 670
942942 on a non-tangent curve concave Southeasterly having a 671
943943 radius of 400.00 feet and a chord bearing of 672
944944
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952952 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
953953
954954 N74°23'53"E; thence Northeasterly along said 673
955955 centerline and the arc of said curve through a central 674
956956 angle of 30°43'36" for a distance of 214.51 feet to 675
957957 the point of tangency; thence N89°45'41"E along said 676
958958 centerline 25.70 feet to said Northwesterly right -of-677
959959 way line; thence S41°08'54"W along said Northwesterly 678
960960 right-of-way line 347.84 feet to the POINT OF 679
961961 BEGINNING. 680
962962 681
963963 AND: 682
964964 683
965965 PARCEL 4 684
966966 That part of the 300' Orlando Utilities Commission 685
967967 Railroad Right-of-Way as described in Offic ial Records 686
968968 Book 3307, Page 2154, of the Public Records of Orange 687
969969 County, Florida and Official Records Book 3590, Page 688
970970 355, of the Public Records of Orange County, Florida, 689
971971 lying North of the Centerline of WEWAHOOTEE Road as 690
972972 described in Official Records b ook 5761, Page 3567, of 691
973973 the Public Records of Orange County, Florida. 692
974974 693
975975 AND: 694
976976 695
977977 PARCEL 5 696
978978
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986986 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
987987
988988 That part of the 400' Orlando Utilities Commission 697
989989 Railroad Right-of-Way as described in Official Records 698
990990 Book 3435, Page 2304, of the Public Records of Orange 699
991991 County, Florida, lying South of the Bee Line 700
992992 Expressway (BEACH LINE) State Road 528 per Orange 701
993993 County Expressway Authority Right -of-Way Map, Section 702
994994 1,1 - 1.2, 75002-3501. 703
995995 704
996996 AND: 705
997997 706
998998 PARCEL 6 707
999999 (CAMINO REAL 110' STRIP PARCEL 1) 708
10001000 That part of Section 1, Township 24 South, Range 31 709
10011001 East, Orange County, Florida, described as follows: 710
10021002 Commence at the Southeast corner of said Section 1; 711
10031003 thence N00°08'02"W along the East line of the 712
10041004 Southeast 1/4 of said Section 1 for a distance of 713
10051005 1218.30 feet to the POINT OF BEGINNING; thence 714
10061006 S89°32'00"W, 2246.81 feet to the Southeasterly right -715
10071007 of-way line of a 300-foot-wide Orlando Utilities 716
10081008 Commission Railroad right -of-way, as recorded in 717
10091009 Official Records Book 3471, Page 617, of the Public 718
10101010 Records of Orange County, Florida; thence N41°08'54"E 719
10111011 along said Southeasterly right -of-way line 147.13 feet 720
10121012 to the centerline of Wewahootee Road, as recorded in 721
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10211021 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10221022
10231023 Official Records Book 5761, Page 3567, of said Public 722
10241024 Records; thence N89°32'00"E along said centerline 723
10251025 2149.73 feet to the aforesaid East line of the 724
10261026 Southeast 1/4; thence S00°08'02"E along said East line 725
10271027 110.00 feet to the POINT OF BEGINNING. 726
10281028 727
10291029 AND: 728
10301030 729
10311031 PARCEL 7 730
10321032 That portion of Section 1, Township 24 South, Range 31 731
10331033 East, and a portion of Section 6, Township 24 South, 732
10341034 Range 32 East, Orange County, Flo rida, more 733
10351035 particularly described as follows: 734
10361036 Commence at the Northwest corner of Section 6, 735
10371037 Township 24 South, Range 32 East; thence run North 89 736
10381038 degrees 57 minutes 33 seconds East along the North 737
10391039 line of said Section 6, a distance of 300.00 feet to 738
10401040 the point of intersection with the East line of an 739
10411041 O.U.C. Railroad Right of Way Easement as recorded in 740
10421042 Official Records Book 3307, Page 2154 (Official 741
10431043 Records Book 3590, Page 355), Public Records of 742
10441044 Orange County, Florida; thence run South 00 743
10451045 degrees 02 minutes 17 seconds West along the East line 744
10461046 of said O.U.C. Railroad Right of Way Easement a 745
10471047 distance of 1203.04 feet to the POINT OF BEGINNING; 746
10481048
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10561056 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10571057
10581058 thence departing said Right of Way Easement line run 747
10591059 South 16 degrees 05 minutes 22 seconds East, a 748
10601060 distance of 1530.10 feet; thence run South 00 degrees 749
10611061 02 minutes 17 seconds West a distance of 1309.07 feet 750
10621062 to the point of intersection with the centerline of 751
10631063 Wewahootee Road; thence run South 89 degrees 39 752
10641064 minutes 56 seconds West along said centerline of 753
10651065 Wewahootee Road a distance of 2867.66 feet to the 754
10661066 point of intersection with the Easterly line of the 755
10671067 aforementioned O.U.C. Railroad Right of Way as 756
10681068 recorded in Official Records Book 3307, Page 2154 757
10691069 (Official Records Book 3590, Page 355.); thence run 758
10701070 North 41 degrees 09 m inutes 44 seconds East along the 759
10711071 Easterly line of said O.U.C. Railroad Right of Way a 760
10721072 distance of 3673.80 feet to the POINT OF BEGINNING. 761
10731073 762
10741074 AND 763
10751075 764
10761076 PARCEL 8 765
10771077 That part of Sections 32 and 33, Township 23 South, 766
10781078 Range 32 East, and that part of Sections 5, 6, 7, 8 , 767
10791079 18, 19, 29, 30, 31 and 32, Township 24 South, Range 32 768
10801080 East, and that part of Sections 13 and 24, Township 24 769
10811081 South, Range 31 East, Orange County, Florida, 770
10821082 described as follows: 771
10831083
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10911091 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10921092
10931093 FIRST POINT OF BEGINNING at the Southwest corner of 772
10941094 said Section 8; thence r un N89°45'58"E, along the East 773
10951095 boundary of lands described in Official Records 774
10961096 Document Number 20190788664, of the Public Records of 775
10971097 Orange County, Florida and the South line of the 776
10981098 Southwest 1/4 of said Section 8, a distance of 2657.37 777
10991099 feet to the Southeast corner of the Southwest 1/4 of 778
11001100 said Section 8; thence run N89°46'01"E along said East 779
11011101 boundary and the South line of the Southeast 1/4 of 780
11021102 said Section 8, a distance of 175.56 feet; thence, run 781
11031103 N09°15'45"W along said East boundary, 6739.29 feet to 782
11041104 the Centerline of Wewahootee Grade; thence departing 783
11051105 said East boundary, run the following eight (8) 784
11061106 courses along the East boundary of lands described in 785
11071107 Official Records Document Number 20190788663, of said 786
11081108 Public Records: N42°56'37"E, 1410.92 feet; thence 787
11091109 N28°40'16"W, 1796.52 feet; thence N19°50'33"E, 1955.37 788
11101110 feet; thence N01°28'36"E, 1129.58 feet; thence 789
11111111 N33°23'35"E, 923.52 feet; thence N79°28'20"E, 1623.09 790
11121112 feet; thence N29°46'06"E, 1397.63 feet; thence 791
11131113 N48°04'07"E, 1596.04 feet to the Northeast corner of 792
11141114 said lands described in Official Records Document 793
11151115 Number 20190788663; thence run the following six (6) 794
11161116 courses along the North Boundary of said lands and the 795
11171117 South line of Parcel B as described in Official 796
11181118
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11261126 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11271127
11281128 Records Book 11029, Page 6485 of said Public Records: 797
11291129 N89°33'36"W, 249.62 feet; thence N89°33'38"W, 2994.28 798
11301130 feet; thence N89°33'40"W, 953.92 feet to a non -tangent 799
11311131 curve concave Northerly having a radius of 17256.17 800
11321132 feet and a chord bearing of N88°36'47"W; thence 801
11331133 Westerly along the arc of said curve through a central 802
11341134 angle of 01°45'03" for a distance of 527.30 feet to a 803
11351135 non-tangent line; thence N87°34'45"W, 297.56 feet; 804
11361136 thence N87°24'11"W, 315.77 feet; thence departing said 805
11371137 South line, run along the aforesaid North line and the 806
11381138 South Right-of-Way line of the Martin Anderson 807
11391139 Beachline Expressway (State Road 528) as described in 808
11401140 Official Records Book 1533, Page 371, of said Public 809
11411141 Records, the following three (3) courses: S78°29'36"W, 810
11421142 291.63 feet; thence S00°28'04"W, 61.26 feet; thence 811
11431143 N77°35'21"W, 656.33 feet to the Southeast corner of 812
11441144 Parcel A as described in Official Records Book 11029, 813
11451145 Page 6485 of said Public Records; thence run 814
11461146 N89°33'17"W along the aforesaid North line and the 815
11471147 South line of said Parcel A, a distance of 285.48 feet 816
11481148 to the Northwest corner of said lands described in 817
11491149 Official Records Document Number 20190788663, and the 818
11501150 Southwest corner of said Parcel A; thence departing 819
11511151 said North line and said South line, run S00°09'33"W, 820
11521152 along the West boundary of said lands described in 821
11531153
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11611161 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11621162
11631163 Official Records Document Number 20190788663, and the 822
11641164 West line of the Northwest 1/4 of the aforesaid 823
11651165 Section 32, a distance of 2138.83 feet to the 824
11661166 Northwest corner of the Southwest 1/4 of said Section 825
11671167 32; thence run S00°00'52"E, along said West boundary 826
11681168 and the West line of the Southwest 1/4 of said Section 827
11691169 32, for a distance of 2928.65 feet to the Northwest 828
11701170 corner of aforesaid Section 5; thence run S00°33'01"E 829
11711171 along said West boundary and the West line of the 830
11721172 Northwest 1/4 of said Section 5, a distance of 2654.86 831
11731173 feet to the Northwest corner of the Southwest 1/4 of 832
11741174 said Section 5; thence run S00°34'58"E along said West 833
11751175 boundary and the West line of the Southwest 1/4 of 834
11761176 said Section 5, a distance of 1311.37 feet to the 835
11771177 Centerline of Wewahootee Grade; thence departing said 836
11781178 West boundary, run S89°39'59"W along said Centerline 837
11791179 of the Wewahootee Grade, the North boundary of the 838
11801180 aforesaid lands described in Official Records Document 839
11811181 Number 20190788664 and the North line of Well site "M" 840
11821182 as described in Official Records Book 1012, P age 220 841
11831183 of said Public Records, 2669.60 feet to the Northwest 842
11841184 corner of said lands, and the Northeast corner of 843
11851185 lands described in Official Records Document Number 844
11861186 20160056685, of said Public Records; thence run the 845
11871187 following three (3) courses along said C enterline of 846
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11961196 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11971197
11981198 the Wewahootee Grade, the North boundary of said lands 847
11991199 described in Official Records Document Number 848
12001200 20160056685, the North line of Well site "N" as 849
12011201 described in Official Records Book 1012, Page 220 of 850
12021202 said Public Records, and the North line o f Well site 851
12031203 "O" as described in Official Records Book 1012, Page 852
12041204 220 of said Public Records: S89°39'59"W, 654.65 feet; 853
12051205 thence S89°44'57"W, 1299.92 feet; thence S89°32'00"W, 854
12061206 721.36 feet to the Northwest corner of said Well site 855
12071207 "O"; thence departing said Ce nterline, said North 856
12081208 boundary and said North lines, run S00°08'02"E, along 857
12091209 the West line of the Southwest 1/4 of the aforesaid 858
12101210 Section 6, for a distance of 1328.22 feet to the 859
12111211 Southwest corner of said Section 6; thence run 860
12121212 S00°05'32"E along the West line o f the Northwest 1/4 861
12131213 of the aforesaid Section 7, a distance of 2655.55 feet 862
12141214 to the Southwest corner of the Northwest 1/4 of said 863
12151215 Section 7; thence run S00°03'11"E along the West line 864
12161216 of the Southwest 1/4 of said Section 7, a distance of 865
12171217 2652.01 feet to the Southwest corner of said Section 866
12181218 7; thence run S00°07'29"E, along the West line of the 867
12191219 Northwest 1/4 of aforesaid Section 18, a distance of 868
12201220 2658.41 feet to the Southwest corner of the Northwest 869
12211221 1/4 of said Section 18; thence run S00°00'08"E along 870
12221222 the West line of the Southwest 1/4 of said Section 18, 871
12231223
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233 a distance of 2005.84 feet to the Northerly line of a 872
12341234 30 feet wide Access Easement, as described in Official 873
12351235 Records Book 6633, Page 4958, of said Public Records, 874
12361236 and Reference Point "A", thence departing said West 875
12371237 line run N66°03'03"E along said Northerly line, 124.76 876
12381238 feet; thence N77°16'54"E along said Northerly line, 877
12391239 824.77 feet to Reference Point "B" and the East 878
12401240 boundary of lands described in Official Records 879
12411241 Document Number 20190788665, of said Public Reco rds; 880
12421242 thence departing said Northerly line run N16°46'56"W 881
12431243 along said East boundary, 36.79 feet to the Northeast 882
12441244 corner of said lands described in Official Records 883
12451245 Document Number 20190788665, and the Centerline of the 884
12461246 Disston Canal and the South boundary o f lands 885
12471247 described in Official Records Document Number 886
12481248 20160056686, of said Public Records; thence run 887
12491249 N77°28'02"E, along said South boundary of lands 888
12501250 described in Official Records Document Number 889
12511251 20160056686, the South boundary of the aforesaid lands 890
12521252 described in Official Records Document Number 891
12531253 20190788664 and said Centerline of the Disston Canal, 892
12541254 3884.99 feet to the point of curvature of a curve 893
12551255 concave Northwesterly having a radius of 139.99 feet 894
12561256 and a chord bearing of N51°12'01"E; thence, run 895
12571257 Northeasterly along the East boundary of said lands 896
12581258
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12661266 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12671267
12681268 described in Official Records Document Number 897
12691269 20190788664, the Centerline of the Disston Canal and 898
12701270 the arc of said curve through a central angle of 899
12711271 52°32'03" for a distance of 128.36 feet to the point 900
12721272 of tangency; thence continue N24°55'59"E, along said 901
12731273 East boundary and said Centerline of the Disston 902
12741274 Canal, 1234.80 feet to the East line of the Northeast 903
12751275 1/4 of the aforesaid Section 18; thence continue 904
12761276 N00°04'46"E, along said East boundary and said East 905
12771277 line of the Northeast 1/4 of said Section 18, a 906
12781278 distance of 2373.06 feet to the FIRST POINT OF 907
12791279 BEGINNING; thence return to the aforesaid Reference 908
12801280 Point "A" and run S00°00'08"E along the aforesaid West 909
12811281 line of the Southwest 1/4 of Section 18 for a distance 910
12821282 of 32.82 feet to the Southerly line of the aforesaid 911
12831283 30 feet wide Access Easement, as described in Official 912
12841284 Records Book 6633, Page 4958, and the SECOND POINT OF 913
12851285 BEGINNING; thence departing said West line run the 914
12861286 following twelve (12) courses along said Southerly 915
12871287 line: thence S66°03'03"W, 49.10 feet; thence 916
12881288 S61°05'54"W, 424.83 feet; thence S57°48'50"W, 438.39 917
12891289 feet; thence S57°48'03"W, 389.12 feet; thence 918
12901290 S58°26'04"W, 647.82 feet; thence S56°43'16"W, 523.15 919
12911291 feet; thence S58°45'23"W, 395.03 feet; thence 920
12921292 S61°09'29"W, 275.10 feet; thence S56°58'16"W, 126.10 921
12931293
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13011301 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13021302
13031303 feet; thence S56°41'00"W, 128.80 feet to the point of 922
13041304 curvature of a curve concave Southeasterly having a 923
13051305 radius of 465.20 feet and a chord bearing of 924
13061306 S42°44'28"W; thence Southwesterly along the arc of 925
13071307 said curve through a central angle of 27°53'03" for a 926
13081308 distance of 226.40 feet to the point of reverse 927
13091309 curvature of a curve concave Northwesterly having a 928
13101310 radius of 233.45 feet and a chord bearing of 929
13111311 S39°44'47"W; thence Southwesterly along the arc of 930
13121312 said curve through a ce ntral angle of 21°53'40" for a 931
13131313 distance of 89.21 feet to a non -tangent line and the 932
13141314 Easterly Right-of-Way line of Lake Mary Jane Road and 933
13151315 the West boundary of aforesaid lands described in 934
13161316 Official Records Document Number 20190788665; thence 935
13171317 departing said Southerly line, run S38°45'16"E along 936
13181318 the West boundary of said lands and said Easterly 937
13191319 Right-of-Way line, 1096.98 feet; thence departing said 938
13201320 Easterly Right-of-Way line, continue along said West 939
13211321 boundary the following courses: N59°39'05"E, 733.87 940
13221322 feet; thence S38°45'21"E, 599.94 feet; thence 941
13231323 S59°39'26"W, 733.92 feet to said Easterly Right -of-Way 942
13241324 line and to a non-tangent curve concave Westerly 943
13251325 having a radius of 623.66 feet and a chord bearing of 944
13261326 S06°40'53"E; thence run Southerly along said Easterly 945
13271327 Right-of-Way line and the arc of said curve through a 946
13281328
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13361336 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13371337
13381338 central angle of 64°08'00" for a distance of 698.08 947
13391339 feet to the point of tangency; thence run along said 948
13401340 Easterly Right-of-Way line the following courses and 949
13411341 distances: S25°23'07"W, 830.93 feet to the point o f 950
13421342 curvature of a curve concave Easterly having a radius 951
13431343 of 1382.62 feet and a chord bearing of S13°25'37"W; 952
13441344 thence Southerly along the arc of said curve through a 953
13451345 central angle of 23°55'00" for a distance of 577.14 954
13461346 feet to the point of tangency; thence S01 °28'07"W, 955
13471347 241.36 feet; thence departing said Easterly Right -of-956
13481348 Way continue along said West boundary the following 957
13491349 courses: S89°57'29"E, 780.20 feet; thence S01°28'07"W, 958
13501350 360.09 feet to the South line of aforesaid Section 24; 959
13511351 thence run S89°57'29"E along sa id South line, 1697.66 960
13521352 feet to the Southeast corner of said Section 24; 961
13531353 thence run S00°09'15"E, along the West line of the 962
13541354 Northwest 1/4 of the aforesaid Section 30, a distance 963
13551355 of 2657.84 feet to the Southwest corner of the 964
13561356 Northwest 1/4 of said Section 30 ; thence run 965
13571357 S00°09'17"E, along the West line of the Southwest 1/4 966
13581358 of said Section 30, a distance of 2658.19 feet to the 967
13591359 Northwest corner of the aforesaid Section 31, Township 968
13601360 24 South, Range 32 East; thence run S00°05'59"E, along 969
13611361 the West line of the Nort hwest 1/4 of said Section 31, 970
13621362 a distance of 2671.42 feet to the Southwest corner of 971
13631363
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13711371 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13721372
13731373 the Northwest 1/4 of said Section 31; thence run 972
13741374 S00°12'17"E, along the West line of the Southwest 1/4 973
13751375 of said Section 31, a distance of 2840.74 feet to the 974
13761376 Southwest corner of said Section 31 and the Southwest 975
13771377 corner of said lands described in Official Records 976
13781378 Document Number 20190788665; thence departing the 977
13791379 aforesaid West boundary, run S89°35'05"E, along the 978
13801380 South boundary of said lands, the South boundary of 979
13811381 lands described in Official Records Document Number 980
13821382 20190788666, and the South line of the Southwest 1/4 981
13831383 of said Section 31, a distance of 2654.71 feet to the 982
13841384 Southeast corner of the Southwest 1/4 of said Section 983
13851385 31; thence run the following five (5) courses along 984
13861386 the South and East boundary of said lands described in 985
13871387 Official Records Document Number 20190788666: 986
13881388 S89°34'36"E, along the South line of the Southeast 1/4 987
13891389 of said Section 31, a distance of 2654.68 feet to the 988
13901390 Southeast corner of the Southeast 1/4 of said Sec tion 989
13911391 31; thence run S89°35'12"E, along the South line of 990
13921392 the Southwest 1/4 of aforesaid Section 32, Township 24 991
13931393 South, Range 32 East, a distance of 2654.77 feet to 992
13941394 the Southeast corner of the Southwest 1/4 of said 993
13951395 Section 32; thence run S89°34'04"E, along the South 994
13961396 line of the Southeast 1/4 of said Section 32, a 995
13971397 distance of 2654.69 feet to the Southeast corner said 996
13981398
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14061406 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14071407
14081408 Section 32; thence run N00°18'09"W, along the East 997
14091409 line of the Southeast 1/4 of said Section 32, a 998
14101410 distance of 2924.69 feet to the Northeast cor ner of 999
14111411 the Southeast 1/4 of said Section 32; thence run 1000
14121412 N00°18'14"W, along the East line of the Northeast 1/4 1001
14131413 of said Section 32, a distance of 2658.80 feet to the 1002
14141414 Northeast corner of said Section 32; thence departing 1003
14151415 said East boundary, run along the East and North 1004
14161416 boundary of lands described in Official Records Book 1005
14171417 9979, Page 8982, of said Public Records, the following 1006
14181418 courses and distances: N00°08'17"W, along the East 1007
14191419 line of the Southeast 1/4 of the aforesaid Section 29, 1008
14201420 a distance of 2658.79 feet to t he Northeast corner of 1009
14211421 the Southeast 1/4 of said Section 29; thence run 1010
14221422 N00°08'17"W, along the East line of the Northeast 1/4 1011
14231423 of said Section 29, a distance of 2658.79 feet to the 1012
14241424 Northeast corner of said Section 29; thence run 1013
14251425 N89°57'17"W, along the North line of the Northeast 1/4 1014
14261426 of said Section 29, a distance of 2649.01 feet to the 1015
14271427 Northwest corner of the Northeast 1/4 of said Section 1016
14281428 29; thence run N89°57'05"W, along the North line of 1017
14291429 the Northwest 1/4 of said Section 29, a distance of 1018
14301430 1982.06 feet to the Northeast corner of the "76 Acre 1019
14311431 Site" as described in said Official Records Book 9979, 1020
14321432 Page 8982; thence run the following four (4) courses 1021
14331433
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14411441 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14421442
14431443 along the boundary of said "76 Acre Site": 1022
14441444 S00°02'55"W, 2273.14 feet; thence N89°57'05"W, 666.03 1023
14451445 feet; thence N89°59'27"W, 789.42 feet; thence 1024
14461446 N00°00'33"E, 2273.14 feet to the Northwest corner of 1025
14471447 said "76 Acre Site"; thence N89°59'27"W, along the 1026
14481448 North line of the Northeast 1/4 of the aforesaid 1027
14491449 Section 30, a distance of 1863.53 feet to the 1028
14501450 Northwest corner of the No rtheast 1/4 of said Section 1029
14511451 30; thence run N89°59'27"W along the North line of the 1030
14521452 Northwest 1/4 of said Section 30, a distance of 492.27 1031
14531453 feet to the aforesaid East boundary of lands described 1032
14541454 in Official Records Document Number 20190788665; 1033
14551455 thence departing said North boundary of lands 1034
14561456 described in Official Records Book 9979, Page 8982, 1035
14571457 run the following six (6) courses along said East 1036
14581458 boundary: N05°41'49"E, 1169.48 feet; thence 1037
14591459 N14°48'52"W, 929.61 feet; thence N13°45'09"W, 1202.71 1038
14601460 feet; thence N13°41'21"W , 756.38 feet; thence 1039
14611461 N16°46'27"W, 1520.21 feet; thence N16°46'56"W, 741.36 1040
14621462 feet to the aforesaid Southerly line of the 30 feet 1041
14631463 wide Access Easement, as described in Official Records 1042
14641464 Book 6633, Page 4958, and a point lying S16°46'56"E, 1043
14651465 30.07 feet from afor esaid Reference Point "B"; thence 1044
14661466 departing said East boundary run S77°16'54"W along 1045
14671467 said Southerly line, 823.96 feet; thence S66°03'03"W 1046
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14761476 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14771477
14781478 along said Southerly line, 135.13 feet to the SECOND 1047
14791479 POINT OF BEGINNING. Bearings and distances are based 1048
14801480 on the Florida State Plane Coordinate System East 1049
14811481 Zone, reciprocal grid factor of 1.00005499931, NAD 83 1050
14821482 Datum (NSRS 2007). 1051
14831483 Containing 7,310 acres, plus or minus . 1052
14841484 1053
14851485 CONTAINING AN OVERALL TOTAL AREA OF 26,870, ACRES, 1054
14861486 PLUS OR MINUS. 1055
14871487 1056
14881488 Being subject to any rights -of-way, restrictions and easements 1057
14891489 of record. 1058
14901490 Section 5. Board of supervisors; members and meetings; 1059
14911491 organization; powers; duties; terms of office; related election 1060
14921492 requirements.— 1061
14931493 (3)(a)1. The board may not exercise the ad valorem taxing 1062
14941494 power authorized by th is act until such time as all members of 1063
14951495 the board are qualified electors who are elected by qualified 1064
14961496 electors of the district. 1065
14971497 2.a. Regardless of whether the district has proposed to 1066
14981498 levy ad valorem taxes, board members shall begin being elected 1067
14991499 by qualified electors of the district as the district becomes 1068
15001500 populated with qualified electors. The transition shall occur 1069
15011501 such that the composition of the board, after the first general 1070
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15101510 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15111511
15121512 election following a trigger of the qualified elector population 1071
15131513 thresholds set forth below, shall be as follows: 1072
15141514 (I) Once 12,475 10,000 qualified electors reside within 1073
15151515 the district, one governing board member shall be a person who 1074
15161516 is a qualified elector of the district and who was elected by 1075
15171517 the qualified electors, and four governing board members shall 1076
15181518 be persons who were elected by the landowners. 1077
15191519 (II) Once 22,475 20,000 qualified electors reside within 1078
15201520 the district, two governing board members shall be persons who 1079
15211521 are qualified electors of the district and who were elect ed by 1080
15221522 the qualified electors, and three governing board members shall 1081
15231523 be persons elected by the landowners. 1082
15241524 (III) Once 32,475 30,000 qualified electors reside within 1083
15251525 the district, three governing board members shall be persons who 1084
15261526 are qualified electors of the district and who were elected by 1085
15271527 the qualified electors and two governing board members shall be 1086
15281528 persons who were elected by the landowners. 1087
15291529 (IV) Once 42,475 40,000 qualified electors reside within 1088
15301530 the district, four governing board members shall be persons who 1089
15311531 are qualified electors of the district and who were elected by 1090
15321532 the qualified electors and one governing board member shall be a 1091
15331533 person who was elected by the landowners. 1092
15341534 (V) Once 47,000 45,000 qualified electors reside within 1093
15351535 the district, all five governing board members shall be persons 1094
15361536 who are qualified electors of the district and who were elected 1095
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15451545 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15461546
15471547 by the qualified electors. In the event less than 47,000 45,000 1096
15481548 qualified electors reside within the district, but the 1097
15491549 development of the district has completed the construction of 1098
15501550 30,000 25,000 residential units or more, all five governing 1099
15511551 board members shall be persons who were elected by the qualified 1100
15521552 electors. 1101
15531553 1102
15541554 Nothing in this sub-subparagraph is intended to require an 1103
15551555 election prior to the expiration of an existing board member's 1104
15561556 term. 1105
15571557 b. On or before June 1 of each election year, the board 1106
15581558 shall determine the number of qualified electors in the district 1107
15591559 as of the immediately preceding April 15. The board shall use 1108
15601560 and rely upon the official records maintained by the supervisor 1109
15611561 of elections and property appraiser or tax collector in each 1110
15621562 Osceola county in making this determination. Such determination 1111
15631563 shall be made at a properly noticed meeting of the board and 1112
15641564 shall become a part of the official minutes of the district. 1113
15651565 c. All governing board members elected by qualified 1114
15661566 electors shall be elected at large at an election occurring as 1115
15671567 provided in subsection ( 2) and this subsection. 1116
15681568 d. All governing board members elected by qualified 1117
15691569 electors shall reside in the district. 1118
15701570 e. Once the district qualifies to have any of its board 1119
15711571 members elected by the qualified electors of the district, the 1120
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15801580 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15811581
15821582 initial and all subsequent elections by the qualified electors 1121
15831583 of the district shall be held at the general election in 1122
15841584 November. The board shall adopt a resolution, if necessary, to 1123
15851585 implement this requirement. The transition process described 1124
15861586 herein is intended to be in li eu of the process set forth in s. 1125
15871587 189.041, Florida Statutes. 1126
15881588 (d) The supervisors supervisor of elections shall appoint 1127
15891589 the inspectors and clerks of elections, prepare and furnish the 1128
15901590 ballots, designate polling places, and canvass the returns of 1129
15911591 the election of board members by qualified electors. The county 1130
15921592 canvassing boards board shall declare and certify the results of 1131
15931593 the election. 1132
15941594 (8) The board shall keep a permanent record book entitled 1133
15951595 "Record of Proceedings of Sunbridge Stewardship District," in 1134
15961596 which shall be recorded minutes of all meetings, resolutions, 1135
15971597 proceedings, certificates, bon ds given by all employees, and any 1136
15981598 and all corporate acts. The record book and all other district 1137
15991599 records shall at reasonable times be opened to inspection in the 1138
16001600 same manner as state, county, and municipal records pursuant to 1139
16011601 chapter 119, Florida Statutes . The record book shall be kept at 1140
16021602 the office or other regular place of business maintained by the 1141
16031603 board in a designated location in either Osceola County or 1142
16041604 Orange County. 1143
16051605 Section 6. Board of supervisors; general duties. — 1144
16061606 (4) BUDGET; REPORTS AND REV IEWS.— 1145
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16151615 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16161616
16171617 (c) At least 60 days prior to adoption, the board of 1146
16181618 supervisors of the district shall submit to the Board of County 1147
16191619 Commissioners of Osceola County and the City Council of the City 1148
16201620 of Orlando, for purposes of disclosure and information only, 1149
16211621 each the proposed annual budget for the ensuing fiscal year, and 1150
16221622 the Osceola County Board of County Commissioners or the City 1151
16231623 Council of the City of Orlando may submit written comments to 1152
16241624 the board of supervisors solely for the assistance and 1153
16251625 information of the board of supervisors of the district in 1154
16261626 adopting its annual district budget. 1155
16271627 (d) The board of supervisors of the district shall submit 1156
16281628 annually a public facilities report to the Board of County 1157
16291629 Commissioners of Osceola County and the City Council of th e City 1158
16301630 of Orlando pursuant to Florida Statutes. Each jurisdiction The 1159
16311631 board of county commissioners may use and rely on the district's 1160
16321632 public facilities report in the preparation or revision of its 1161
16331633 the Osceola County comprehensive plan. 1162
16341634 (6) GENERAL POWERS.—The district shall have, and the board 1163
16351635 may exercise, the following general powers: 1164
16361636 (f) To maintain an office at such place or places as the 1165
16371637 board of supervisors designates in either Osceola County or 1166
16381638 Orange County, and within the district when facilit ies are 1167
16391639 available. 1168
16401640 (o) To determine, order, levy, impose, collect, and 1169
16411641 enforce assessments pursuant to this act and chapter 170, 1170
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16501650 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16511651
16521652 Florida Statutes, as amended from time to time, pursuant to 1171
16531653 authority granted in s. 197.3631, Florida Statutes, or pursuant 1172
16541654 to other provisions of general law now or hereinafter enacted 1173
16551655 which provide or authorize a supplemental means to order, levy, 1174
16561656 impose, or collect special assessments. Such special 1175
16571657 assessments, in the discretion of the district, may be collected 1176
16581658 and enforced pursuant to the provisions of ss. 197.3632 and 1177
16591659 197.3635, Florida Statutes, and chapters 170 and 173, Florida 1178
16601660 Statutes, as they may be amended from time to time, or as 1179
16611661 provided by this act, or by other means authorized by general 1180
16621662 law now or hereinafter enac ted. The district may levy such 1181
16631663 special assessments for the purposes enumerated in this act and 1182
16641664 to pay special assessments imposed by Osceola County , Orange 1183
16651665 County, or the City of Orlando on lands within the district. 1184
16661666 (p) To exercise such special powers and other express 1185
16671667 powers as may be authorized and granted by this act in the 1186
16681668 charter of the district, including powers as provided in any 1187
16691669 interlocal agreement entered into pursuant to chapter 163, 1188
16701670 Florida Statutes, or which shall be required or permitted t o be 1189
16711671 undertaken by the district pursuant to any development order, 1190
16721672 including any detailed specific area plan development order, or 1191
16731673 any interlocal service agreement with Osceola County , Orange 1192
16741674 County, or the City of Orlando for fair-share capital 1193
16751675 construction funding for any certain capital facilities or 1194
16761676 systems required of a developer pursuant to any applicable 1195
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16851685 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16861686
16871687 development order or agreement. 1196
16881688 (7) SPECIAL POWERS. —The district shall have, and the board 1197
16891689 may exercise, the following special powers to implement its 1198
16901690 lawful and special purpose and to provide, pursuant to that 1199
16911691 purpose, systems, facilities, services, improvements, projects, 1200
16921692 works, and infrastructure, each of which constitutes a lawful 1201
16931693 public purpose when exercised pursuant to this charter, subject 1202
16941694 to, and not inconsistent with, general law regarding utility 1203
16951695 providers' territorial and service agreements, the regulatory 1204
16961696 jurisdiction and permitting authority of all other applicable 1205
16971697 governmental bodies, agencies, and any special districts having 1206
16981698 authority with respect to any area included therein, and to 1207
16991699 plan, establish, acquire, construct or reconstruct, enlarge or 1208
17001700 extend, equip, operate, finance, fund, and maintain 1209
17011701 improvements, systems, facilities, services, works, projects, 1210
17021702 and infrastructure. Any or all of the following special powers 1211
17031703 are granted by this act in order to implement the special and 1212
17041704 limited purpose of the district: 1213
17051705 (a) To provide water management and control for the lands 1214
17061706 within the district and to connect some or any of such 1215
17071707 facilities with roads and bridges. In the event that the board 1216
17081708 assumes the responsibility for providing water management and 1217
17091709 control for the district which is to be financed by benefit 1218
17101710 special assessments, the board shall adopt plans and assessments 1219
17111711 pursuant to law or may proceed to adopt water management and 1220
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17201720 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17211721
17221722 control plans, assess for benefits, and apportion and levy 1221
17231723 special assessments, as follows: 1222
17241724 1. The board shall cause to be made by the district's 1223
17251725 engineer, or such other engineer or engineers as the board may 1224
17261726 employ for that purpose, complete and comprehensive water 1225
17271727 management and control plans for the lands located within the 1226
17281728 district that will be improved in any part or in whole by any 1227
17291729 system of facilities that may be outlined and adopted, and the 1228
17301730 engineer shall make a report in writing to the board with maps 1229
17311731 and profiles of said surveys and an estimate of the cost of 1230
17321732 carrying out and completing the plans. 1231
17331733 2. Upon the completion of such plans, the board shall hold 1232
17341734 a hearing thereon to hear objections thereto , shall give notice 1233
17351735 of the time and place fixed for such hearing by publication once 1234
17361736 each week for 2 consecutive weeks in a newspaper of general 1235
17371737 circulation in the general area of the district, and shall 1236
17381738 permit the inspection of the plan at the office of t he district 1237
17391739 by all persons interested. All objections to the plan shall be 1238
17401740 filed at or before the time fixed in the notice for the hearing 1239
17411741 and shall be in writing. 1240
17421742 3. After the hearing, the board shall consider the 1241
17431743 proposed plan and any objections theret o and may modify, reject, 1242
17441744 or adopt the plan or continue the hearing until a day certain 1243
17451745 for further consideration of the proposed plan or modifications 1244
17461746 thereof. 1245
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17551755 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17561756
17571757 4. When the board approves a plan, a resolution shall be 1246
17581758 adopted and a certified copy thereof shall be filed in the 1247
17591759 office of the secretary and incorporated by him or her into the 1248
17601760 records of the district. 1249
17611761 5. The water management and control plan may be altered in 1250
17621762 detail from time to time until the engineer's report pursuant to 1251
17631763 s. 298.301, Florida Statutes, is filed but not in such manner as 1252
17641764 to affect materially the conditions of its adoption. After the 1253
17651765 engineer's report has been filed, no alteration of the plan 1254
17661766 shall be made, except as provided by this act. 1255
17671767 6. Within 20 days after the final ado ption of the plan by 1256
17681768 the board, the board shall proceed pursuant to s. 298.301, 1257
17691769 Florida Statutes. 1258
17701770 (b) To provide water supply, sewer, wastewater, and 1259
17711771 reclaimed water management, reclamation, and reuse, or any 1260
17721772 combination thereof, and any irrigation syste ms, facilities, and 1261
17731773 services and to construct and operate water systems, sewer 1262
17741774 systems, and reclaimed water systems such as connecting 1263
17751775 intercepting or outlet sewers and sewer mains and pipes and 1264
17761776 water mains, conduits, or pipelines in, along, and under any 1265
17771777 street, alley, highway, or other public place or ways, and to 1266
17781778 dispose of any effluent, residue, or other byproducts of such 1267
17791779 water system, sewer system, or reclaimed water system and to 1268
17801780 enter into interlocal agreements and other agreements with 1269
17811781 public or private entities for the same. However, such authority 1270
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17901790 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
17911791
17921792 shall be subordinate and subject to the existing powers of the 1271
17931793 Tohopekaliga Water Authority to provide water supply, sewer, 1272
17941794 wastewater, and reclaimed water service within the Tohopekaliga 1273
17951795 Water Authority's service area; and such authority shall be 1274
17961796 subordinate and subject to the existing powers of East Central 1275
17971797 Florida Services, Inc., to provide water supply service within 1276
17981798 its service area as set forth in its certificate from the 1277
17991799 Florida Public Service Comm ission; and the existing powers of 1278
18001800 Orange County to provide water supply, wastewater, and reclaimed 1279
18011801 water service within Orange County's territorial service area, 1280
18021802 as set forth in the Orange County Territorial Agreements . 1281
18031803 (c) To provide bridges, culverts, wildlife corridors, or 1282
18041804 road crossings that may be needed across any drain, ditch, 1283
18051805 canal, floodway, holding basin, excavation, public highway, 1284
18061806 tract, grade, fill, or cut and roadways over levees and 1285
18071807 embankments, and to construct any and all of such works a nd 1286
18081808 improvements across, through, or over any public right -of way, 1287
18091809 highway, grade, fill, or cut. 1288
18101810 (d) To provide district roads equal to or exceeding the 1289
18111811 specifications of the county in which such district roads are 1290
18121812 located, and to provide street lights. This special power 1291
18131813 includes, but is not limited to, roads, parkways, intersections, 1292
18141814 bridges, landscaping, hardscaping, irrigation, bicycle lanes, 1293
18151815 sidewalks, jogging paths, multiuse pathways and trails, street 1294
18161816 lighting, traffic signals, regulatory or informational signage, 1295
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18251825 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18261826
18271827 road striping, underground conduit, underground cable or fiber 1296
18281828 or wire installed pursuant to an agreement with or tariff of a 1297
18291829 retail provider of services, and all other customary elements of 1298
18301830 a functioning modern road system in general or as tied to the 1299
18311831 conditions of development approval for the area within the 1300
18321832 district, and parking fac ilities that are freestanding or that 1301
18331833 may be related to any innovative strategic intermodal system of 1302
18341834 transportation pursuant to applicable federal, state, and local 1303
18351835 law and ordinance. 1304
18361836 (e) To provide buses, trolleys, rail access, mass transit 1305
18371837 facilities, transit shelters, ridesharing facilities and 1306
18381838 services, parking improvements, and related signage. 1307
18391839 (f) To provide investigation and remediation costs 1308
18401840 associated with the cleanup of actual or perceived environmental 1309
18411841 contamination within the district under the supervision or 1310
18421842 direction of a competent governmental authority unless the 1311
18431843 covered costs benefit any person who is a landowner within the 1312
18441844 district and who caused or contributed to the contamination. 1313
18451845 (g) To provide observation areas, mitigation areas, 1314
18461846 wetland creation areas, and wildlife habitat, including the 1315
18471847 maintenance of any plant or animal species, and any related 1316
18481848 interest in real or personal property. 1317
18491849 (h) Using its general and special powers as set forth in 1318
18501850 this act, to provide any other projec t within or without the 1319
18511851 boundaries of the district when the project is the subject of an 1320
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18601860 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18611861
18621862 agreement between the district and the Board of County 1321
18631863 Commissioners of Osceola County or the City Council of the City 1322
18641864 of Orlando or with any other applicable public o r private 1323
18651865 entity, and is not inconsistent with the effective local 1324
18661866 comprehensive plans, or, in the case of Orange County, with the 1325
18671867 Orange County Territorial Agreements . 1326
18681868 (i) To provide parks and facilities for indoor and outdoor 1327
18691869 recreational, cultural, an d educational uses. 1328
18701870 (j) To provide school buildings and related structures, 1329
18711871 which may be leased, sold, or donated to the school district, 1330
18721872 for use in the educational system when authorized by the 1331
18731873 district school board. 1332
18741874 (k) To provide security, including electronic intrusion -1333
18751875 detection systems and patrol cars, when authorized by proper 1334
18761876 governmental agencies, and may contract with the appropriate 1335
18771877 local general-purpose government agencies for an increased level 1336
18781878 of such services within the district boundaries . 1337
18791879 (l) To provide control and elimination of mosquitoes and 1338
18801880 other arthropods of public health importance. 1339
18811881 (m) To enter into impact fee, mobility fee, or other 1340
18821882 similar credit agreements with Osceola County , the City of 1341
18831883 Orlando, or a landowner developer a nd to sell or assign such 1342
18841884 credits, on such terms as the district deems appropriate. 1343
18851885 (n) To provide buildings and structures for district 1344
18861886 offices, maintenance facilities, meeting facilities, town 1345
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18951895 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
18961896
18971897 centers, or any other project authorized or granted by this act. 1346
18981898 (o) To establish and create, at noticed meetings, such 1347
18991899 departments of the board of supervisors of the district, as well 1348
19001900 as committees, task forces, boards, or commissions, or other 1349
19011901 agencies under the supervision and control of the district, as 1350
19021902 from time to time the members of the board may deem necessary or 1351
19031903 desirable in the performance of the acts or other things 1352
19041904 necessary to exercise the board's general or special powers to 1353
19051905 implement an innovative project to carry out the special and 1354
19061906 limited purpose of the district as provided in this act and to 1355
19071907 delegate the exercise of its powers to such departments, boards, 1356
19081908 task forces, committees, or other agencies, and such 1357
19091909 administrative duties and other powers as the board may deem 1358
19101910 necessary or desirable, but only if there is a set of expressed 1359
19111911 limitations for accountability, notice, and periodic written 1360
19121912 reporting to the board that shall retain the powers of the 1361
19131913 board. 1362
19141914 (p) To provide electrical, sustainable, or green 1363
19151915 infrastructure improvements, facilities, a nd services, 1364
19161916 including, but not limited to, recycling of natural resources, 1365
19171917 reduction of energy demands, development and generation of 1366
19181918 alternative or renewable energy sources and technologies, 1367
19191919 mitigation of urban heat islands, sequestration, capping or 1368
19201920 trading of carbon emissions or carbon emissions credits, LEED or 1369
19211921 Florida Green Building Coalition certification, and development 1370
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19301930 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19311931
19321932 of facilities and improvements for low -impact development and to 1371
19331933 enter into joint ventures, public -private partnerships, and 1372
19341934 other agreements and to grant such easements as may be necessary 1373
19351935 to accomplish the foregoing. Nothing herein shall authorize the 1374
19361936 district to provide electric service to retail customers or 1375
19371937 otherwise act to impair electric utility franchise agreements. 1376
19381938 (q) To provide for any facilities or improvements that may 1377
19391939 otherwise be provided for by any county or municipality, 1378
19401940 including, but not limited to, libraries, annexes, substations, 1379
19411941 and other buildings to house public officials, staff, and 1380
19421942 employees. 1381
19431943 (r) To provide waste collection and disposal, beginning 1382
19441944 not earlier than October 1, 2018. 1383
19451945 (s) To provide for the construction and operation of 1384
19461946 communications systems and related infrastructure for the 1385
19471947 carriage and distribution of communications services, and to 1386
19481948 enter into joint ventures, public -private partnerships, and 1387
19491949 other agreements and to grant such easements as may be necessary 1388
19501950 to accomplish the foregoing. Communications systems shall mean 1389
19511951 all facilities, buildings, equipment, items, and methods 1390
19521952 necessary or desirable in order to provide communications 1391
19531953 services, including, without limitation, wires, cables, 1392
19541954 conduits, wireless cell sites, computers, modems, satellite 1393
19551955 antennae sites, transmission facilities, network facilities, and 1394
19561956 appurtenant devices necessary an d appropriate to support the 1395
19571957
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19651965 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
19661966
19671967 provision of communications services. Communications services 1396
19681968 includes, without limitation, internet, voice telephone or 1397
19691969 similar services provided by voice over internet protocol, cable 1398
19701970 television, data transmission services, e lectronic security 1399
19711971 monitoring services, and multi -channel video programming 1400
19721972 distribution services. Communications services provided by the 1401
19731973 district shall carry or include any governmental channel or 1402
19741974 other media content created or produced by Osceola County or the 1403
19751975 City of Orlando. 1404
19761976 (t) To provide health care facilities and to enter into 1405
19771977 public-private partnerships and agreements as may be necessary 1406
19781978 to accomplish the foregoing. 1407
19791979 (u) To coordinate, work with, and, as the board deems 1408
19801980 appropriate, enter into i nterlocal agreements with any public or 1409
19811981 private entity for the provision of an institution or 1410
19821982 institutions of higher education. 1411
19831983 (v) To coordinate, work with, and as the board deems 1412
19841984 appropriate, enter into public -private partnerships and 1413
19851985 agreements as may be necessary or useful to effectuate the 1414
19861986 purposes of this act. 1415
19871987 1416
19881988 The enumeration of special powers herein shall not be deemed 1417
19891989 exclusive or restrictive but shall be deemed to incorporate all 1418
19901990 powers express or implied necessary or incident to carrying out 1419
19911991 such enumerated special powers, including also the general 1420
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20002000 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20012001
20022002 powers provided by this special act charter to the district to 1421
20032003 implement its purposes. The district shall not initiate any 1422
20042004 service during a fiscal year, if such service is then provided 1423
20052005 by Osceola County, Orange County, or the City of Orlando and 1424
20062006 funded by Osceola County , Orange County, or the City of Orlando 1425
20072007 from the proceeds of special assessments imposed within the 1426
20082008 district or from ad valorem taxes levied within a municipal 1427
20092009 service taxing unit that includes all or any portion of the 1428
20102010 district, unless notice is provided to Osceola County , Orange 1429
20112011 County, or the City of Orlando not later than April 1 of the 1430
20122012 fiscal year prior to initiating such service identifying such 1431
20132013 service and the geographic area of the district in which such 1432
20142014 service will be provided. Following the provision of such 1433
20152015 notice, the district and Osceola County , Orange County, or the 1434
20162016 City of Orlando shall enter into an interlocal agreement 1435
20172017 providing for a service transition that is revenue -neutral for 1436
20182018 Osceola County, Orange County, or the City of Orlando prior to 1437
20192019 initiation of any such service by the district. Further, the 1438
20202020 provisions of this subsection shall be construed liberally in 1439
20212021 order to carry out effectively the special and limited pur pose 1440
20222022 of this district under this act. 1441
20232023 (10) BONDS.— 1442
20242024 (i) General obligation bonds. — 1443
20252025 1. Subject to the limitations of this charter, the 1444
20262026 district shall have the power from time to time to issue general 1445
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20352035 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20362036
20372037 obligation bonds to finance or refinance capital pro jects or to 1446
20382038 refund outstanding bonds in an aggregate principal amount of 1447
20392039 bonds outstanding at any one time not in excess of 35 percent of 1448
20402040 the assessed value of the taxable property within the district 1449
20412041 as shown on the pertinent tax records at the time of th e 1450
20422042 authorization of the general obligation bonds for which the full 1451
20432043 faith and credit of the district is pledged. Except for 1452
20442044 refunding bonds, no general obligation bonds shall be issued 1453
20452045 unless the bonds are issued to finance or refinance a capital 1454
20462046 project and the issuance has been approved at an election held 1455
20472047 in accordance with the requirements for such election as 1456
20482048 prescribed by the State Constitution. Such elections shall be 1457
20492049 called to be held in the district by the Supervisors of 1458
20502050 Elections Board of County Commissioners of Osceola and Orange 1459
20512051 Counties County upon the request of the board of the district. 1460
20522052 The expenses of calling and holding an election shall be at the 1461
20532053 expense of the district and the district shall reimburse each 1462
20542054 the county for any expenses incur red in calling or holding such 1463
20552055 election. 1464
20562056 2. The district may pledge its full faith and credit for 1465
20572057 the payment of the principal and interest on such general 1466
20582058 obligation bonds and for any reserve funds provided therefor and 1467
20592059 may unconditionally and irrevocab ly pledge itself to levy ad 1468
20602060 valorem taxes on all taxable property in the district, to the 1469
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20692069 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
20702070
20712071 extent necessary for the payment thereof, without limitation as 1470
20722072 to rate or amount. 1471
20732073 3. If the board determines to issue general obligation 1472
20742074 bonds for more than one ca pital project, the approval of the 1473
20752075 issuance of the bonds for each and all such projects may be 1474
20762076 submitted to the electors on one and the same ballot. The 1475
20772077 failure of the electors to approve the issuance of bonds for any 1476
20782078 one or more capital projects shall not defeat the approval of 1477
20792079 bonds for any capital project which has been approved by the 1478
20802080 electors. 1479
20812081 4. In arriving at the amount of general obligation bonds 1480
20822082 permitted to be outstanding at any one time pursuant to 1481
20832083 subparagraph 1., there shall not be included a ny general 1482
20842084 obligation bonds that are additionally secured by the pledge of: 1483
20852085 a. Any assessments levied in an amount sufficient to pay 1484
20862086 the principal and interest on the general obligation bonds so 1485
20872087 additionally secured, which assessments have been equalized and 1486
20882088 confirmed by resolution of the board pursuant to this act or s. 1487
20892089 170.08, Florida Statutes. 1488
20902090 b. Water revenues, sewer revenues, or water and sewer 1489
20912091 revenues of the district to be derived from user fees in an 1490
20922092 amount sufficient to pay the principal and interest on the 1491
20932093 general obligation bonds so additionally secured. 1492
20942094 c. Any combination of assessments and revenues described 1493
20952095 in sub-subparagraphs a. and b. 1494
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21042104 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21052105
21062106 (12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL 1495
21072107 ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL 1496
21082108 ASSESSMENTS; MAINTENANCE TAXES. — 1497
21092109 (b) Benefit special assessments. —The board annually shall 1498
21102110 determine, order, and levy the annual installment of the total 1499
21112111 benefit special assessments for bonds issued and related 1500
21122112 expenses to finance assessable improvements. These assessments 1501
21132113 may be due and collected during each year county taxes are due 1502
21142114 and collected, in which case such annual installment and levy 1503
21152115 shall be evidenced to and certified to the respective property 1504
21162116 appraisers appraiser by the board not later than August 31 of 1505
21172117 each year. Such assessment shall be entered by the property 1506
21182118 appraiser on the county tax rolls and shall be collected and 1507
21192119 enforced by the tax collectors collector in the same manner and 1508
21202120 at the same time as county taxes, and the proceeds thereof shall 1509
21212121 be paid to the district. However, this subsection shall not 1510
21222122 prohibit the district in its discretion from using the method 1511
21232123 prescribed in either s. 197.3632 or chapter 1 73, Florida 1512
21242124 Statutes, as each may be amended from time to time, for 1513
21252125 collecting and enforcing these assessments. Each annual 1514
21262126 installment of benefit special assessments shall be a lien on 1515
21272127 the property against which assessed until paid and shall be 1516
21282128 enforceable in like manner as county taxes. The amount of the 1517
21292129 assessment for the exercise of the district's powers under 1518
21302130 subsections (6) and (7) shall be determined by the board based 1519
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21392139 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21402140
21412141 upon a report of the district's engineer and assessed by the 1520
21422142 board upon such lands , which may be part or all of the lands 1521
21432143 within the district benefited by the improvement, apportioned 1522
21442144 between benefited lands in proportion to the benefits received 1523
21452145 by each tract of land. The board may, if it determines it is in 1524
21462146 the best interests of the d istrict, set forth in the proceedings 1525
21472147 initially levying such benefit special assessments or in 1526
21482148 subsequent proceedings a formula for the determination of an 1527
21492149 amount, which when paid by a taxpayer with respect to any tax 1528
21502150 parcel, shall constitute a prepayment of all future annual 1529
21512151 installments of such benefit special assessments and that the 1530
21522152 payment of which amount with respect to such tax parcel shall 1531
21532153 relieve and discharge such tax parcel of the lien of such 1532
21542154 benefit special assessments and any subsequent annual 1533
21552155 installment thereof. The board may provide further that upon 1534
21562156 delinquency in the payment of any annual installment of benefit 1535
21572157 special assessments, the prepayment amount of all future annual 1536
21582158 installments of benefit special assessments as determined in the 1537
21592159 preceding sentence shall be and become immediately due and 1538
21602160 payable together with such delinquent annual installment. 1539
21612161 (c) Non-ad valorem maintenance taxes. —If and when 1540
21622162 authorized by general law, to maintain and to preserve the 1541
21632163 physical facilities and servi ces constituting the works, 1542
21642164 improvements, or infrastructure owned by the district pursuant 1543
21652165 to this act, to repair and restore any one or more of them, when 1544
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21742174 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
21752175
21762176 needed, and to defray the current expenses of the district, 1545
21772177 including any sum which may be required to pay state and county 1546
21782178 ad valorem taxes on any lands which may have been purchased and 1547
21792179 which are held by the district under the provisions of this act, 1548
21802180 the board of supervisors may, upon the completion of said 1549
21812181 systems, facilities, services, works, improve ments, or 1550
21822182 infrastructure, in whole or in part, as may be certified to the 1551
21832183 board by the engineer of the board, levy annually a non -ad 1552
21842184 valorem and nonmillage tax upon each tract or parcel of land 1553
21852185 within the district, to be known as a "maintenance tax." This 1554
21862186 non-ad valorem maintenance tax shall be apportioned upon the 1555
21872187 basis of the net assessments of benefits assessed as accruing 1556
21882188 from the original construction and shall be evidenced to and 1557
21892189 certified by the board of supervisors of the district not later 1558
21902190 than June 1 of each year to the Osceola County and Orange County 1559
21912191 tax collectors collector and shall be extended on the tax rolls 1560
21922192 and collected by the tax collectors collector on the merged 1561
21932193 collection roll of the tax collector in the same manner and at 1562
21942194 the same time as county ad valorem taxes, and the proceeds 1563
21952195 therefrom shall be paid to the district. This non -ad valorem 1564
21962196 maintenance tax shall be a lien until paid on the property 1565
21972197 against which assessed and enforceable in like manner and of the 1566
21982198 same dignity as county a d valorem taxes. 1567
21992199 (13) SPECIAL ASSESSMENTS. — 1568
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22082208 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22092209
22102210 (a) As an alternative method to the levy and imposition of 1569
22112211 special assessments pursuant to chapter 170, Florida Statutes, 1570
22122212 pursuant to the authority of s. 197.3631, Florida Statutes, or 1571
22132213 pursuant to other provi sions of general law, now or hereafter 1572
22142214 enacted, which provide a supplemental means or authority to 1573
22152215 impose, levy, and collect special assessments as otherwise 1574
22162216 authorized under this act, the board may levy and impose special 1575
22172217 assessments to finance the exerci se of any of its powers 1576
22182218 permitted under this act using the following uniform procedures: 1577
22192219 1. At a noticed meeting, the board of supervisors of the 1578
22202220 district may consider and review an engineer's report on the 1579
22212221 costs of the systems, facilities, and services to be provided, a 1580
22222222 preliminary special assessment methodology, and a preliminary 1581
22232223 roll based on acreage or platted lands, depending upon whether 1582
22242224 platting has occurred. 1583
22252225 a. The special assessment methodology shall address and 1584
22262226 discuss and the board shall cons ider whether the systems, 1585
22272227 facilities, and services being contemplated will result in 1586
22282228 special benefits peculiar to the property, different in kind and 1587
22292229 degree than general benefits, as a logical connection between 1588
22302230 the systems, facilities, and services themse lves and the 1589
22312231 property, and whether the duty to pay the special assessments by 1590
22322232 the property owners is apportioned in a manner that is fair and 1591
22332233 equitable and not in excess of the special benefit received. It 1592
22342234 shall be fair and equitable to designate a fixed p roportion of 1593
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22432243 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22442244
22452245 the annual debt service, together with interest thereon, on the 1594
22462246 aggregate principal amount of bonds issued to finance such 1595
22472247 systems, facilities, and services which give rise to unique, 1596
22482248 special, and peculiar benefits to property of the same or 1597
22492249 similar characteristics under the special assessment methodology 1598
22502250 so long as such fixed proportion does not exceed the unique, 1599
22512251 special, and peculiar benefits enjoyed by such property from 1600
22522252 such systems, facilities, and services. 1601
22532253 b. The district engineer's cost report shall identify the 1602
22542254 nature of the proposed systems, facilities, and services, their 1603
22552255 location, a cost breakdown plus a total estimated cost, 1604
22562256 including cost of construction or reconstruction, labor, and 1605
22572257 materials, lands, property, rights, easements , franchises, or 1606
22582258 systems, facilities, and services to be acquired, cost of plans 1607
22592259 and specifications, surveys of estimates of costs and revenues, 1608
22602260 costs of engineering, legal, and other professional consultation 1609
22612261 services, and other expenses or costs necessar y or incident to 1610
22622262 determining the feasibility or practicability of such 1611
22632263 construction, reconstruction, or acquisition, administrative 1612
22642264 expenses, relationship to the authority and power of the 1613
22652265 district in its charter, and such other expenses or costs as may 1614
22662266 be necessary or incident to the financing to be authorized by 1615
22672267 the board of supervisors. 1616
22682268 c. The preliminary special assessment roll will be in 1617
22692269 accordance with the assessment methodology as may be adopted by 1618
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22782278 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
22792279
22802280 the board of supervisors; the special assessment r oll shall be 1619
22812281 completed as promptly as possible and shall show the acreage, 1620
22822282 lots, lands, or plats assessed and the amount of the fairly and 1621
22832283 reasonably apportioned assessment based on special and peculiar 1622
22842284 benefit to the property, lot, parcel, or acreage of l and; and, 1623
22852285 if the special assessment against such lot, parcel, acreage, or 1624
22862286 portion of land is to be paid in installments, the number of 1625
22872287 annual installments in which the special assessment is divided 1626
22882288 shall be entered into and shown upon the special assessmen t 1627
22892289 roll. 1628
22902290 2. The board of supervisors of the district may determine 1629
22912291 and declare by an initial special assessment resolution to levy 1630
22922292 and assess the special assessments with respect to assessable 1631
22932293 improvements stating the nature of the systems, facilities, an d 1632
22942294 services, improvements, projects, or infrastructure constituting 1633
22952295 such assessable improvements, the information in the district 1634
22962296 engineer's cost report, the information in the special 1635
22972297 assessment methodology as determined by the board at the noticed 1636
22982298 meeting and referencing and incorporating as part of the 1637
22992299 resolution the district engineer's cost report, the preliminary 1638
23002300 special assessment methodology, and the preliminary special 1639
23012301 assessment roll as referenced exhibits to the resolution by 1640
23022302 reference. If the boar d determines to declare and levy the 1641
23032303 special assessments by the initial special assessment 1642
23042304 resolution, the board shall also adopt and declare a notice 1643
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23132313 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23142314
23152315 resolution which shall provide and cause the initial special 1644
23162316 assessment resolution to be published once a week for a period 1645
23172317 of 2 weeks in newspapers of general circulation published in 1646
23182318 Osceola and Orange Counties County and said board shall by the 1647
23192319 same resolution fix a time and place at which the owner or 1648
23202320 owners of the property to be assessed or any other per sons 1649
23212321 interested therein may appear before said board and be heard as 1650
23222322 to the propriety and advisability of making such improvements, 1651
23232323 as to the costs thereof, as to the manner of payment therefor, 1652
23242324 and as to the amount thereof to be assessed against each 1653
23252325 property so improved. Thirty days' notice in writing of such 1654
23262326 time and place shall be given to such property owners. The 1655
23272327 notice shall include the amount of the special assessment and 1656
23282328 shall be served by mailing a copy to each assessed property 1657
23292329 owner at his or her last known address, the names and addresses 1658
23302330 of such property owners to be obtained from the record of the 1659
23312331 property appraiser of the county political subdivision in which 1660
23322332 the land is located or from such other sources as the district 1661
23332333 manager or engineer d eems reliable, and proof of such mailing 1662
23342334 shall be made by the affidavit of the manager of the district or 1663
23352335 by the engineer, said proof to be filed with the district 1664
23362336 manager, provided that failure to mail said notice or notices 1665
23372337 shall not invalidate any of th e proceedings hereunder. It is 1666
23382338 provided further that the last publication shall be at least 1 1667
23392339 week prior to the date of the hearing on the final special 1668
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23482348 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23492349
23502350 assessment resolution. Said notice shall describe the general 1669
23512351 areas to be improved and advise all perso ns interested that the 1670
23522352 description of each property to be assessed and the amount to be 1671
23532353 assessed to each piece, parcel, lot, or acre of property may be 1672
23542354 ascertained at the office of the manager of the district. Such 1673
23552355 service by publication shall be verified by the affidavit of the 1674
23562356 publisher and filed with the manager of the district. Moreover, 1675
23572357 the initial special assessment resolution with its attached, 1676
23582358 referenced, and incorporated engineer's cost report, preliminary 1677
23592359 special assessment methodology, and prelim inary special 1678
23602360 assessment roll, along with the notice resolution, shall be 1679
23612361 available for public inspection at the office of the manager and 1680
23622362 the office of the district engineer or any other office 1681
23632363 designated by the board of supervisors in the notice resoluti on. 1682
23642364 Notwithstanding the foregoing, the landowners of all of the 1683
23652365 property which is proposed to be assessed may give the district 1684
23662366 written notice of waiver of any notice and publication provided 1685
23672367 for in this subparagraph and such notice and publication shall 1686
23682368 not be required, provided, however, that any meeting of the 1687
23692369 board of supervisors to consider such resolution shall be a 1688
23702370 publicly noticed meeting. 1689
23712371 3. At the time and place named in the noticed resolution 1690
23722372 as provided for in subparagraph 2., the board of sup ervisors of 1691
23732373 the district shall meet and hear testimony from affected 1692
23742374 property owners as to the propriety and advisability of making 1693
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23832383 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
23842384
23852385 the systems, facilities, services, projects, works, 1694
23862386 improvements, or infrastructure and funding them with 1695
23872387 assessments referenced in the initial special assessment 1696
23882388 resolution on the property. Following the testimony and 1697
23892389 questions from the members of the board or any professional 1698
23902390 advisors to the district of the preparers of the engineer's cost 1699
23912391 report, the special assessment metho dology, and the special 1700
23922392 assessment roll, the board of supervisors shall make a final 1701
23932393 decision on whether to levy and assess the particular special 1702
23942394 assessments. Thereafter, the board of supervisors shall meet as 1703
23952395 an equalizing board to hear and to consider a ny and all 1704
23962396 complaints as to the particular special assessments and shall 1705
23972397 adjust and equalize the special assessments to ensure proper 1706
23982398 assessment based on the benefit conferred on the property. 1707
23992399 4. When so equalized and approved by resolution or 1708
24002400 ordinance by the board of supervisors, to be called the final 1709
24012401 special assessment resolution, a final special assessment roll 1710
24022402 shall be filed with the clerk of the board of the district and 1711
24032403 such special assessment shall stand confirmed and remain legal, 1712
24042404 valid, and binding first liens on the property against which 1713
24052405 such special assessments are made until paid, equal in dignity 1714
24062406 to the first liens of ad valorem taxation of county and 1715
24072407 municipal governments and school boards. However, upon 1716
24082408 completion of the systems, faciliti es, service, project, 1717
24092409 improvement, works, or infrastructure, the district shall credit 1718
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24182418 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24192419
24202420 to each of the assessments the difference in the special 1719
24212421 assessment as originally made, approved, levied, assessed, and 1720
24222422 confirmed and the proportionate part of the actua l cost of the 1721
24232423 improvement to be paid by the particular special assessments as 1722
24242424 finally determined upon the completion of the improvement; but 1723
24252425 in no event shall the final special assessment exceed the amount 1724
24262426 of the special and peculiar benefits as apportione d fairly and 1725
24272427 reasonably to the property from the system, facility, or service 1726
24282428 being provided as originally assessed. Promptly after such 1727
24292429 confirmation, the special assessment shall be recorded by the 1728
24302430 clerk of the district in the minutes of the proceedings o f the 1729
24312431 district, and the record of the lien in this set of minutes 1730
24322432 shall constitute prima facie evidence of its validity. The board 1731
24332433 of supervisors, in its sole discretion, may, by resolution grant 1732
24342434 a discount equal to all or a part of the payee's proportiona te 1733
24352435 share of the cost of the project consisting of bond financing 1734
24362436 cost, such as capitalized interest, funded reserves, and bond 1735
24372437 discounts included in the estimated cost of the project, upon 1736
24382438 payment in full of any special assessments during such period 1737
24392439 prior to the time such financing costs are incurred as may be 1738
24402440 specified by the board of supervisors in such resolution. 1739
24412441 5. District special assessments may be made payable in 1740
24422442 installments over no more than 40 years after from the date of 1741
24432443 the payment of the fi rst installment thereof and may bear 1742
24442444 interest at fixed or variable rates. 1743
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24532453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24542454
24552455 (19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED 1744
24562456 PROVISIONS REQUIRED. — 1745
24572457 (a) No contract shall be let by the board for any goods, 1746
24582458 supplies, or materials to be purchased wh en the amount thereof 1747
24592459 to be paid by the district shall exceed the amount provided in 1748
24602460 s. 287.017, Florida Statutes, as amended from time to time, for 1749
24612461 category four, unless notice of bids shall be advertised once in 1750
24622462 newspapers a newspaper in general circulation in Osceola and 1751
24632463 Orange Counties County. Any board seeking to construct or 1752
24642464 improve a public building, structure, or other public works 1753
24652465 shall comply with the bidding procedures of s. 255.20, Florida 1754
24662466 Statutes, as amended from time to time, and other applic able 1755
24672467 general law. In each case, the bid of the lowest responsive and 1756
24682468 responsible bidder shall be accepted unless all bids are 1757
24692469 rejected because the bids are too high or the board determines 1758
24702470 it is in the best interests of the district to reject all bids. 1759
24712471 The board may require the bidders to furnish bond with a 1760
24722472 responsible surety to be approved by the board. Nothing in this 1761
24732473 subsection shall prevent the board from undertaking and 1762
24742474 performing the construction, operation, and maintenance of any 1763
24752475 project or facility authorized by this act by the employment of 1764
24762476 labor, material, and machinery. 1765
24772477 (20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION 1766
24782478 AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS. — 1767
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24872487 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
24882488
24892489 (a) The district is authorized to prescribe, fix, 1768
24902490 establish, and collect rates, fees, rentals, or other charges, 1769
24912491 hereinafter sometimes referred to as "revenues," and to revise 1770
24922492 the same from time to time, for the systems, facilities, and 1771
24932493 services furnished by the district, within the limits of the 1772
24942494 district, including, but no t limited to, recreational 1773
24952495 facilities, water management and control facilities, and water 1774
24962496 and sewer systems, systems, facilities, and programs related to 1775
24972497 wildlife and plant habitat, sustainability, conservation and 1776
24982498 other special powers as provided in Secti on 6(7) of the Act; to 1777
24992499 recover the costs of making connection with any district 1778
25002500 service, facility, or system; and to provide for reasonable 1779
25012501 penalties against any user or property for any such rates, fees, 1780
25022502 rentals, or other charges that are delinquent. For that portion 1781
25032503 of the district within Orange County and subject to the Orange 1782
25042504 County Territorial Agreements, the ability to set rates and the 1783
25052505 authority to collect revenues associated with water, wastewater, 1784
25062506 and reclaimed water services will remain the sole r ight of 1785
25072507 Orange County. 1786
25082508 (b) No such district rates, fees, rentals, or other 1787
25092509 charges for any of the facilities or services of the district 1788
25102510 shall be fixed until after a public hearing at which all the 1789
25112511 users of the proposed facility or services or owners, te nants, 1790
25122512 or occupants served or to be served thereby and all other 1791
25132513 interested persons shall have an opportunity to be heard 1792
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25222522 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25232523
25242524 concerning the proposed rates, fees, rentals, or other charges. 1793
25252525 Rates, fees, rentals, and other charges shall be adopted under 1794
25262526 the administrative rulemaking authority of the district, but 1795
25272527 shall not apply to district leases or those areas within Orange 1796
25282528 County subject to the Orange County Territorial Agreements for 1797
25292529 water, wastewater, and reclaimed water services . Notice of such 1798
25302530 public hearing setting forth the proposed schedule or schedules 1799
25312531 of rates, fees, rentals, and other charges shall have been 1800
25322532 published in newspapers a newspaper of general circulation in 1801
25332533 Osceola and Orange Counties County at least once and at least 10 1802
25342534 days prior to such public hearing. The rulemaking hearing may be 1803
25352535 adjourned from time to time. After such hearing, such schedule 1804
25362536 or schedules, either as initially proposed or as modified or 1805
25372537 amended, may be finally adopted. A copy of the schedule or 1806
25382538 schedules of such rates, fees, rentals, or charges as finally 1807
25392539 adopted shall be kept on file in an office designated by the 1808
25402540 board and shall be open at all reasonable times to public 1809
25412541 inspection. The rates, fees, rentals, or charges so fixed for 1810
25422542 any class of users or property served shall be extended to cover 1811
25432543 any additional users or properties thereafter served which shall 1812
25442544 fall in the same class, without the necessity of any notice or 1813
25452545 hearing. 1814
25462546 (26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT. — 1815
25472547 (a) The board of supervisors o f the district shall not ask 1816
25482548 the Legislature to repeal or amend this act to expand or to 1817
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25572557 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25582558
25592559 contract the boundaries of the district or otherwise cause the 1818
25602560 merger or termination of the district without first obtaining a 1819
25612561 resolution or official statement from th e Tohopekaliga Water 1820
25622562 Authority, and Osceola County, Orange County for the sole 1821
25632563 purpose of the Orange County Territorial Agreements that exist 1822
25642564 at the time, and the City of Orlando, as required by s. 1823
25652565 189.031(2)(e)4., Florida Statutes, for creation of an 1824
25662566 independent special district. However, if an amendment alters 1825
25672567 the district boundaries in only one jurisdiction or affects the 1826
25682568 district's special powers in only one jurisdiction, it is 1827
25692569 necessary to secure the resolution or statement from only the 1828
25702570 affected jurisdiction. 1829
25712571 (27) INCLUSION OF TERRITORY. — 1830
25722572 (d) The creation and establishment of the district shall 1831
25732573 not impair or alter the authority, power, obligations, or 1832
25742574 purpose of Orange County or its successors in providing water, 1833
25752575 wastewater, or reclaimed water ser vices and facilities within 1834
25762576 its territorial jurisdiction, as set forth in the Orange County 1835
25772577 Territorial Agreements. 1836
25782578 Section 7. This act being for the purpose of developing 1837
25792579 and promoting the public good and welfare of Osceola County, the 1838
25802580 City of Orlando, and Orange County, the territory included in 1839
25812581 the district, and the service areas area authorized to be served 1840
25822582 by the Tohopekaliga Water Authority and Orange County, and the 1841
25832583 citizens, inhabitants, ratepayers, and taxpayers residing 1842
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25922592 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
25932593
25942594 therein, shall be liber ally construed to effect the purposes of 1843
25952595 the act as consistent with, cumulative, and supplemental to the 1844
25962596 powers of Osceola County, Orange County, the City of Orlando, 1845
25972597 the county and the Tohopekaliga Water Authority. 1846
25982598 Section 2. This act shall take effect upon becoming a law, 1847
25992599 except that the provisions of this act which authorize the levy 1848
26002600 of ad valorem taxation shall take effect only upon express 1849
26012601 approval of a majority vote of those qualified electors of the 1850
26022602 Sunbridge Stewardshi p District, as required by Section 9 of 1851
26032603 Article VII of the State Constitution, voting in a referendum 1852
26042604 election held at such time as all members of the board are 1853
26052605 qualified electors who are elected by qualified electors of the 1854
26062606 district as provided in this act. 1855