THE BILL ITSELF
CS/HB 4061
Hillsborough County
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An act relating to Hillsborough County; creating the
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Land Reserve Stewardship District; providing a short
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title, legislative findings and intent, definitions,
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and policy; establishing compliance with minimum
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requirements for creation of an independent special
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district; providing for creation and establishment of
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the district; establishing the legal boundaries of the
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district; providing for the jurisdiction and charter
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of the district; providing for a governing board;
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providing for membership, election, and terms of
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office; providing for meetings; providing
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administrative duties of the board; providing a method
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for transition of the board from landowner control to
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control by the resident electors of the district;
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providing for a district manager and district
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employees; providing for a district treasurer,
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selection of a public depository, and district budgets
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and financial reports; providing for disclosure of
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public information; providing the general powers of
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the district; providing the special powers of the
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district to plan, finance, and provide community
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infrastructure and services within the district;
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providing for bonds; providing for borrowing;
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providing for trust agreements; providing for future
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ad valorem taxation; providing for special
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assessments; providing for issuance of certificates of
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indebtedness; providing for tax liens; providing for
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payment of taxes and redemption of tax liens by the
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district; providing for sharing in the disbursement of
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sales proceeds; providing for foreclosure of liens;
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providing for mandatory use of certain district
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systems, facilities, and services; providing for
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competitive procurement; providing for fees, rentals,
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and charges; providing for discontinuance of services
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and facilities; providing for enforcement and
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penalties; providing for suits against the district;
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providing requirements for termination, contraction,
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or expansion of the district; authorizing mergers;
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providing for required notices to purchasers of
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residential units within the district; specifying that
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certain district property is public; providing
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construction; providing severability; providing for a
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referendum; providing effective dates.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. This act may be cited as the "Land Reserve
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Stewardship District Act."
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Section 2. Legislative findings and intent; definitions;
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policy.—
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(1) LEGISLATIVE INTENT; PURPOSE OF THE DISTRICT.—
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(a) The lands located wholly within Hillsborough County
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covered by this act contain many opportunities for thoughtful,
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comprehensive, responsible, and consistent development over a
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long period.
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(b) There is a need to use a single special and limited
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purpose independent special district unit of local government
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for the Land Reserve Stewardship District lands located within
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Hillsborough County for a more comprehensive community
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development approach, which will facilitate an integral
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relationship among regional transportation, land use, and urban
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design to provide for a diverse mix of housing and regional
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employment and economic development opportunities, rather than
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fragmented development with underutilized infrastructure which
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is generally associated with urban sprawl.
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(c) There is a considerably long period of time during
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which there is a significant burden to provide various systems,
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facilities, and services to the initial landowners of the Land
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Reserve Stewardship District lands, such that there is a need
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for flexible management, sequencing, timing, and financing of
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the various systems, facilities, and services to be provided to
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these lands, taking into consideration absorption rates,
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commercial viability, and related factors. Therefore, extended
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control by the initial landowner with regard to the provision of
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systems, facilities, and services for the Land Reserve
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Stewardship District lands, coupled with the special and single
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purpose of such district, is in the public interest.
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(d) While chapter 190, Florida Statutes, provides an
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opportunity for previous community development services and
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facilities to be provided by the continued use of community
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development districts in a manner that furthers the public
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interest, given the size of the Land Reserve Stewardship
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District lands and the duration of development continuing to
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utilize multiple community development districts over these
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lands which would result in an inefficient, duplicative, and
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needless proliferation of special-purpose local governments,
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contrary to the public interest and the Legislature's findings
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in chapter 190, Florida Statutes, it is in the public interest
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that the long-range provision for, and management, financing,
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and long-term maintenance, upkeep, and operation of, services
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and facilities to be provided for ultimate development and
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conservation of the lands covered by this act be under one
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coordinated entity. The creation of an independent special
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district will assist in integrating the management of state
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resources and allow for greater and more coordinated stewardship
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of natural resources.
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(e) The existence and use of a special and limited
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purpose local government for the Land Reserve Stewardship
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District lands, subject to the Hillsborough County comprehensive
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plan, will provide for a comprehensive and complete community
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development approach to promote a sustainable and efficient land
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use pattern for the Land Reserve Stewardship District lands with
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long-term planning for conservation and development, provide
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opportunities for the mitigation of impacts and development of
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infrastructure in an orderly and timely manner, prevent the
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overburdening of the local general purpose government and the
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taxpayers, and provide an enhanced tax base and regional
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employment and economic development opportunities.
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(f) The creation and establishment of the special
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district will encourage local government financial self-
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sufficiency in providing public facilities and in identifying
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and implementing fiscally sound, innovative, and cost-effective
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techniques to provide and finance public facilities while
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encouraging coordinated development of capital improvement plans
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by all levels of government, in accordance with the goals of
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chapter 187, Florida Statutes.
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(g) The creation and establishment of a special and
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single purpose independent district is a legitimate supplemental
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and alternative method available to manage, own, operate,
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construct, and finance capital infrastructure systems,
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facilities, and services.
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(h) In order to be responsive to the critical timing
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required through the exercise of its special management
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functions, an independent special district requires financing of
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those functions, including bondable lienable and nonlienable
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revenue, with full and continuing public disclosure and
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accountability, funded by landowners, both present and future,
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and funded also by users of the systems, facilities, and
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services provided to the land area by the special district,
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without unduly burdening the taxpayers, citizens, and ratepayers
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of the state or Hillsborough County.
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(i) The special district created and established by this
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act shall not have or exercise any comprehensive planning,
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zoning, or development permitting power; the establishment of
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the special district is not considered a development order
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within the meaning of part I of chapter 380, Florida Statutes;
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and all applicable planning and permitting laws, rules,
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regulations, and policies of Hillsborough County control the
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development of the land to be serviced by the special district.
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(j) The creation by this act of the Land Reserve
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Stewardship District as a vehicle for providing timely, cost-
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effective, and efficient public infrastructure, facilities, and
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services is not inconsistent with the Hillsborough County
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comprehensive plan.
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(k) It is the legislative intent and purpose that no debt
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or obligation of the special district constitute a burden on
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Hillsborough County.
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(2) DEFINITIONS.—As used in this act:
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(a) "Ad valorem bonds" means bonds that are payable from
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the proceeds of ad valorem taxes levied on real and tangible
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personal property and that are generally referred to as general
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obligation bonds.
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(b) "Assessable improvements" means, without limitation,
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any and all public improvements and community facilities that
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the district is empowered to provide in accordance with this act
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that provide a special benefit to property within the district.
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(c) "Assessment bonds" means special obligations of the
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district which are payable solely from proceeds of the special
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assessments or benefit special assessments levied for assessable
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improvements, provided that, in lieu of issuing assessment bonds
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to fund the costs of assessable improvements, the district may
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issue revenue bonds for such purposes payable from assessments.
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(d) "Assessments" means nonmillage district assessments
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including special assessments, benefit special assessments, and
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maintenance special assessments, and a nonmillage, non-ad
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valorem maintenance tax if authorized by general law.
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(e) "Benefit special assessments" means district
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assessments imposed, levied, and collected pursuant to section
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6.
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(f) "Board of supervisors" or "board" means the governing
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body of the district or, if such board has been abolished, the
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board, body, or commission assuming the principal functions
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thereof or to whom the powers given to the board by this act
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have been given by general law.
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(g) "Bond" includes "certificate," and the provisions
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that are applicable to bonds are equally applicable to
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certificates. The term also includes any general obligation
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bond, assessment bond, refunding bond, revenue bond, bond
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anticipation note, and other such obligation in the nature of a
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bond as is provided for in this act.
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(h) "Cost" or "costs," when used in reference to any
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project, includes, but is not limited to:
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1. The expenses of determining the feasibility or
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practicability of acquisition, construction, or reconstruction.
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2. The cost of surveys, estimates, plans, and
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specifications.
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3. The cost of improvements.
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4. Engineering, architectural, fiscal, and legal expenses
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and charges.
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5. The cost of all labor, materials, machinery, and
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equipment.
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6. The cost of all lands, properties, rights, easements,
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and franchises acquired.
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7. Financing charges.
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8. The creation of initial reserve and debt service
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funds.
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9. Working capital.
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10. Interest charges incurred or estimated to be incurred
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on money borrowed before and during construction and acquisition
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and for such reasonable period of time after completion of
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construction or acquisition as the board may determine.
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11. The cost of issuance of bonds pursuant to this act,
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including advertisements and printing.
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12. The cost of any bond or tax referendum held pursuant
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to this act and all other expenses of the issuance of bonds.
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13. The discount, if any, on the sale or exchange of
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bonds.
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14. Administrative expenses.
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15. Such other expenses as may be necessary or incidental
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to the acquisition, construction, or reconstruction of any
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project, or to the financing thereof, or to the development of
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any lands within the district.
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16. Payments, contributions, dedications, and any other
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exactions required as a condition of receiving any governmental
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approval or permit necessary to accomplish any district purpose.
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17. Any other expense or payment permitted by this act or
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allowable by general law.
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(i) "District manager" means the manager of the district.
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(j) "District roads" means highways, streets, roads,
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alleys, intersection improvements, sidewalks, crossings,
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landscaping, irrigation, signage, signalization, storm drains,
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bridges, multi-use trails, lighting, and thoroughfares of all
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kinds.
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(k) "Land Reserve Stewardship District" or "district"
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means the special and single-purpose independent special
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district unit of local government and political subdivision
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created and chartered by this act, and limited to the
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performance of those general and special powers authorized by
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its charter under this act, the boundaries of which are set
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forth in this act, the governing board of which is created and
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authorized to operate with legal existence by this act, and the
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purpose of which is as set forth in this act.
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(l) "General obligation bonds" means bonds which are
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secured by, or provide for their payment by, the pledge of the
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full faith and credit and taxing power of the district.
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(m) "General-purpose local government" means a county,
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municipality, or consolidated city-county government.
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(n) "Governing board member" means any member of the
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board of supervisors.
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(o) "Land development regulations" means those
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regulations of the general-purpose local government, adopted
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under the Community Planning Act, codified as part II of chapter
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163, Florida Statutes, to which the district is subject and as
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to which the district may not do anything that is inconsistent
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therewith. Land development regulations are not considered
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specific management, engineering, operations, or capital
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improvement planning needed in the daily management,
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implementation, and supplying by the district of systems,
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facilities, services, works, improvements, projects, or
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infrastructure, so long as they remain subject to and are not
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inconsistent with the applicable county codes.
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(p) "Landowner" means the owner of a freehold estate as
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it appears on the deed record, including a trustee, a private
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corporation, and an owner of a condominium unit. The term
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"landowner" does not include a reversioner, remainderman,
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mortgagee, or any governmental entity which is not counted and
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does not need to be notified of proceedings under this act. The
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term "landowner" also means the owner of a ground lease from a
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governmental entity, which leasehold interest has a remaining
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term, excluding all renewal options, in excess of 50 years.
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(q) "Maintenance special assessments" are assessments
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imposed, levied, and collected pursuant to section 6.
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(r) "Non-ad valorem assessment" means only those
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assessments which are not based upon millage and which can
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become a lien against a homestead as permitted in s. 4, Art. X
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of the State Constitution.
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(s) "Powers" means powers used and exercised by the board
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of supervisors to accomplish the special and limited purpose of
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the district, including:
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1. "General powers," which means those organizational and
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administrative powers of the district as provided in its charter
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in order to carry out its special and limited purposes as a
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local government public corporate body politic.
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2. "Special powers," which means those powers provided by
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the district charter to implement its specialized systems,
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facilities, services, projects, improvements, and infrastructure
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and related functions in order to carry out its special and
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limited purposes.
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3. Any other powers, authority, or functions set forth in
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this act.
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(t) "Project" means any development, improvement,
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property, power, utility, facility, enterprise, service, system,
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works, or infrastructure now existing or hereafter undertaken or
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established under this act.
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(u) "Qualified elector" means any person at least 18
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years of age who is a citizen of the United States and a legal
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resident of the state and of the district and who registers to
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vote with the Supervisor of Elections in Hillsborough County and
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resides in Hillsborough County.
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(v) "Reclaimed water" means water, including from wells
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or stormwater management facilities, that has received at least
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secondary treatment and basic disinfection and is reused after
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flowing out of a domestic wastewater treatment facility or
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otherwise reused as an approved use of surface water or
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groundwater by the water management district.
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(w) "Reclaimed water system" means any plant, well,
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system, facility, or property, and any addition, extension, or
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improvement thereto at any future time constructed or acquired
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as part thereof, useful, necessary, or having the present
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capacity for future use in connection with the development of
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sources, treatment, purification, or distribution of reclaimed
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water. The term includes franchises of any nature relating to
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any such system and necessary or convenient for the operation
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thereof including for the district's own use or resale.
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(x) "Refunding bonds" means bonds issued to refinance
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outstanding bonds of any type and the interest and redemption
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premium thereon. Refunding bonds may be issuable and payable in
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the same manner as refinanced bonds, except that no approval by
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the electorate shall be required unless required by the State
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Constitution.
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(y) "Revenue bonds" means obligations of the district
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that are payable from revenues, including, but not limited to,
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special assessments and benefit special assessments, derived
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from sources other than ad valorem taxes on real or tangible
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personal property and that do not pledge the property, credit,
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or general tax revenue of the district.
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(z) "Sewer system" means any plant, system, facility, or
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property, and additions, extensions, and improvements thereto at
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any future time constructed or acquired as part thereof, useful
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or necessary or having the present capacity for future use in
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connection with the collection, treatment, purification, or
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disposal of sewage, including, but not limited to, industrial
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wastes resulting from any process of industry, manufacture,
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trade, or business or from the development of any natural
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resource. The term also includes treatment plants, pumping
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stations, lift stations, valves, force mains, intercepting
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sewers, laterals, pressure lines, mains, and all necessary
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appurtenances and equipment; all sewer mains, laterals, and
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other devices for the reception and collection of sewage from
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premises connected therewith; and all real and personal property
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and any interest therein, and rights, easements, and franchises
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of any nature relating to any such system and necessary or
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convenient for operation thereof.
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(aa) "Special assessments" means assessments as imposed,
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levied, and collected by the district for the costs of
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assessable improvements pursuant to this act; chapter 170,
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Florida Statutes; and the additional authority under s.
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197.3631, Florida Statutes, or any other provision of general
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law, now or hereinafter enacted, which provide or authorize a
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supplemental means to impose, levy, or collect special
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assessments.
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(bb) "Tax" or "taxes" means those levies and impositions
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of the board of supervisors that support and pay for government
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and the administration of general law and that may be:
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1. Ad valorem or property taxes based upon both the
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appraised value of property and millage, at a rate uniform
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within the jurisdiction; or
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2. If and when authorized by general law, non-ad valorem
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maintenance taxes not based on millage that are used to maintain
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district systems, facilities, and services.
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(cc) "Water system" means any plant, system, facility, or
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property, and any addition, extension, or improvement thereto at
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any future time constructed or acquired as a part thereof,
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useful, necessary, or having the present capacity for future use
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in connection with the development of sources, treatment,
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purification, or distribution of water. The term also includes
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dams, reservoirs, storage tanks, mains, lines, valves, pumping
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stations, laterals, and pipes for the purpose of carrying water
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to the premises connected with such system, and all rights,
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easements, and franchises of any nature relating to any such
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system and necessary or convenient for the operation thereof.
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(3) POLICY.—Based upon its findings, ascertainments,
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determinations, intent, purpose, and definitions, the
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Legislature states its policy expressly:
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(a) The district and the district charter, with its
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general and special powers, as created in this act, are
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essential and the best alternative for the potential future
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residential, commercial, office, hotel, health care, and other
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similar community uses, projects, or functions in the included
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portion of Hillsborough County consistent with the effective
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comprehensive plan, and designed to serve a lawful public
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purpose.
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(b) The district, which is a local government and a
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political subdivision, is limited to its special purpose as
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expressed in this act, with the power to provide, plan,
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implement, construct, maintain, and finance as a local
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government management entity systems, facilities, services,
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improvements, infrastructure, and projects, and possessing
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financing powers to fund its management power over the long term
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and with sustained levels of high quality.
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(c) The creation of the Land Reserve Stewardship District
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by and pursuant to this act, and its exercise of its management
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and related financing powers to implement its limited, single,
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and special purpose, is not a development order and does not
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trigger or invoke any provision within the meaning of chapter
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380, Florida Statutes, and all applicable governmental planning,
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environmental, and land development laws, regulations, rules,
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policies, and ordinances apply to all development of the land
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within the jurisdiction of the district as created by this act.
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(d) The district shall operate and function subject to,
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and not inconsistent with, the applicable comprehensive plan of
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Hillsborough County and any applicable development orders (e.g.,
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detailed site plan development orders), zoning regulations, and
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other land development regulations.
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(e) The special and single-purpose Land Reserve
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Stewardship District does not have the power of a general-
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purpose local government to adopt a comprehensive plan or
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related land development regulation as those terms are defined
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in the Community Planning Act.
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(f) This act may be amended, in whole or in part, only by
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special act of the Legislature.
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Section 3. Minimum charter requirements; creation and
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establishment; jurisdiction; construction; charter.—
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(1) Pursuant to s. 189.031(3), Florida Statutes, the
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Legislature sets forth that the minimum requirements in
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paragraphs (a) through (o) have been met in the identified
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provisions of this act as follows:
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(a) The purpose of the district is provided in section 2
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and this section.
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(b) The powers, functions, and duties of the district
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regarding ad valorem taxation, bond issuance, other revenue-
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raising capabilities, budget preparation and approval, liens and
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foreclosure of liens, use of tax deeds and tax certificates as
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appropriate for non-ad valorem assessments, and contractual
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agreements are provided in section 6.
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(c) The methods for establishing the district are
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provided in this section.
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(d) The methods for amending the charter of the district
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are provided in this section.
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(e) The membership and organization of the governing body
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and the establishment of a quorum are provided in section 5.
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(f) The maximum compensation of board members is provided
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in section 5.
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(g) The administrative duties of the governing body are
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provided in sections 5 and 6.
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(h) The requirements for financial disclosure, noticing,
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and reporting are provided in section 6.
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(i) The procedures and requirements for issuing bonds are
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provided in section 6.
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(j) The requirements for elections or referendums and
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qualifications of an elector of the district are provided in
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section 5.
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(k) The methods for financing the district are provided
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in section 6.
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(l) Other than taxes levied for the payment of bonds and
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taxes levied for periods of up to 2 years when authorized by a
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vote of the electors of the district, the authority to levy ad
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valorem tax and the authorized millage rate are provided in
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section 6.
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(m) The methods for collecting non-ad valorem
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assessments, fees, or service charges are provided in section 6.
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(n) The requirements for planning are provided in
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sections 2 and 6.
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(o) The geographic boundary limitations of the district
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are provided in sections 4 and 6.
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(2) The Land Reserve Stewardship District is created and
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incorporated as a public body corporate and politic, an
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independent special and limited purpose local government, an
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independent special district, under s. 189.031, Florida
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Statutes, and as defined in this act and in s. 189.012(3),
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Florida Statutes, in and for portions of Hillsborough County.
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Any amendments to chapter 190, Florida Statutes, after January
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1, 2026, granting additional general powers, special powers,
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authorities, or projects to a community development district by
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amendment to its uniform charter contained in ss. 190.006-
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190.041, Florida Statutes, which are not inconsistent with this
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act, shall constitute a general power, special power, authority,
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or function of the Land Reserve Stewardship District. All
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notices for the enactment by the Legislature of this special act
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have been provided pursuant to the State Constitution, the Laws
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of Florida, and the rules of the House of Representatives and of
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the Senate. A referendum subsequent to the effective date of
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this act is not required as a condition of establishing the
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district. Therefore, the district, as created by this act, is
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established on the property described in this act.
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(3) The territorial boundary of the district shall
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embrace and include all of that certain real property described
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in section 4.
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(4) The jurisdiction of the district, in the exercise of
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its general and special powers, and in the carrying out of its
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special and limited purposes, is both within the external
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boundaries of the legal description of this district and
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extraterritorially when limited to, and as authorized expressly
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elsewhere in, the charter of the district as created in this act
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or applicable general law. This special and limited purpose
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district is created as a public body corporate and politic, and
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local government authority and power is limited by its charter,
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this act, and subject to other general laws, including chapter
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189, Florida Statutes, except that an inconsistent provision in
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this act shall control and the district has jurisdiction to
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perform such acts and exercise such authorities, functions, and
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powers as shall be necessary, convenient, incidental, proper, or
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reasonable for the implementation of its special and limited
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purpose regarding the sound planning, provision, acquisition,
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development, operation, maintenance, and related financing of
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those public systems, facilities, services, improvements,
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projects, and infrastructure works as authorized herein,
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including those necessary and incidental thereto. The district
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shall only exercise any of its powers extraterritorially within
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Hillsborough County after execution of an interlocal agreement
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between the district and Hillsborough County consenting to the
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district's exercise of any of such powers within Hillsborough
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County or an applicable development order or as part of other
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land development regulations issued by Hillsborough County.
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(5) The exclusive charter of the Land Reserve Stewardship
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District is this act and, except as otherwise provided in
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subsection (2), may be amended only by special act of the
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Legislature.
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Section 4. Formation; boundaries.—The Land Reserve
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Stewardship District, an independent special district, is
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created and incorporated in Hillsborough County and shall
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embrace and include the territory described as:
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TECO PARCELS:
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PARCEL 1:
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The South 320 feet of Section 31, Township 32 South, Range
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19 East, Hillsborough County, Florida, LESS AND EXCEPT that
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part taken for State Road 93A (I-75) as described in the
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Order of Taking recorded in Official Records Book 3296,
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Page 1932, Public Records of Hillsborough County, Florida.
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PARCEL 2:
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The South 320 feet of the Southwest 1/4 of Section 32,
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Township 32 South, Range 19 East, Hillsborough County,
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Florida.
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FARMLAND PARCELS:
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PARCEL 1:
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PARCEL A:
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The Southwest 1/4 of the Northwest 1/4, the Southeast 1/4
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of the Northwest 1/4, and a portion of the Northeast 1/4 of
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the Northwest 1/4 all in Section 25, Township 32 South,
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Range 18 East, Hillsborough County, Florida, being more
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particularly described as follows:
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Commence at the Northeast corner of the Northeast 1/4 of
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the Northwest 1/4 of said Section 25; thence S 00°10'55" W
535
along the East line of said Northeast 1/4 of the Northwest
536
1/4 for 33.00 feet to a point on the South right-of-way
537
line of Stephens Road (as recorded in Deed Book 2022, Page
538
578 of the Public Records of Hillsborough County, Florida)
539
and the POINT OF BEGINNING; thence continue S 00°10'55" W
540
along said East line for 1304.06 feet; thence S 00°11'19" W
541
along the East line of the Southeast 1/4 of the Northwest
542
1/4 of said Section 25 for 1337.48 feet; thence S 89°58'08"
543
W along the South line of the Southeast 1/4 of the
544
Northwest 1/4 of Section 25 for 1333.64 feet; thence S
545
89°59'26" W along the South line of the Southwest 1/4 of
546
the Northwest 1/4 of said Section 25 for 1333.41 feet;
547
thence N 00°07'05" E along the West line of the Southwest
548
1/4 of the Northwest 1/4 of Section 25 for 1338.35 feet;
549
thence N 89°59'55" E along the North line of the Southwest
550
1/4 of the Northwest 1/4 of said Section 25 for 1334.25
551
feet; thence N 00°09'15" E along the West line of the
552
Northeast 1/4 of the Northwest 1/4 of said Section 25 for
553
461.86 feet; thence N 48°48'19" E for 487.22 feet; thence N
554
58°21'54" W for 425.36 feet to a point of intersection with
555
a line 3.00 feet East of and parallel with the West line of
556
the Northeast 1/4 of the Northwest 1/4 of said Section 25;
557
thence N 00°09'15" E along said parallel line for 298.84
558
feet to the South right-of-way of Stephens Road; thence S
559
89°58'25" E along said South right-of-way line for 1332.08
560
feet to the POINT OF BEGINNING.
562
LESS AND EXCEPT ANY PORTION THEREOF CONTAINED IN THE
563
FOLLOWING:
565
SCHOOL SITE:
567
A parcel of land being a portion of the Northwest 1/4 of
568
Section 26, the Northeast 1/4 of Section 26 and the
569
Northwest 1/4 of Section 25, Township 32 South, Range 18
570
East, Hillsborough County, Florida, being more particularly
571
described as follows:
572
BEGIN at the Northeast corner of said Section 26; thence S
573
00°07'05" W along the East line of the Northeast 1/4 of
574
said Section 26 for 1338.35 feet to the Northwest corner of
575
the Southwest 1/4 of the Northwest 1/4 of said Section 25;
576
thence N 89°59'55" E along the North line of the Southwest
577
1/4 of the Northwest 1/4 of said Section 25 for 625.70
578
feet; thence S 00°00'05" E for 361.36 feet; thence S
579
29°06'53" W for 1118.29 feet to a point on the South line
580
of the Southwest 1/4 of the Northwest 1/4 of said Section
581
25; thence S 89°59'26" W along said South line for 84.35
582
feet to the Southeast corner of the Northeast 1/4 of said
583
Section 26; thence along the South line of the Northeast
584
1/4 of said Section 26, S 89°55'06" W for 2688.33 feet to
585
the Southwest corner of the Northeast 1/4 of said Section
586
26; thence continue along the South line of the Northwest
587
1/4 of said Section 26 for 1929.14 feet; thence N 30°45'07"
588
E for 1316.45 feet; thence N 00°05'08" W for 212.18 feet to
589
a point on the North line of the Southeast 1/4 of the
590
Northwest 1/4 of said Section 26; thence N 89°54'52" E
591
along said North line for 1262.65 feet to the Northeast
592
corner of the Southeast 1/4 of the Northwest 1/4 of Section
593
26; thence N 00°16'11" E along the West line of the
594
Northeast 1/4 of said Section 26 for 1342.67 feet to the
595
Northwest corner of the Northeast 1/4 of said Section 26;
596
thence S 89°53'52" E along the North line of the Northeast
597
1/4 of said Section 26 for 2681.20 feet to the POINT OF
598
BEGINNING.
600
PARCEL B:
602
The Northwest 1/4 of the Northeast 1/4 of Section 25,
603
Township 32 South, Range 18 East, Tallahassee Meridian,
604
lying and being in Hillsborough County, Florida. LESS AND
605
EXCEPT right-of-way for Stephens Road.
607
PARCEL C:
609
The Southwest 1/4 of the Northeast 1/4 of Section 25,
610
Township 32 South, Range 18 East, Tallahassee Meridian,
611
lying and being in Hillsborough County, Florida.
613
PARCEL D:
615
The Northwest 1/4 of the Southeast 1/4 of Section 25,
616
Township 32 South, Range 18 East, Tallahassee Meridian,
617
lying and being in Hillsborough County, Florida.
619
PARCEL E:
621
The Southwest 1/4 of Section 25, Township 32 South, Range
622
18 East, Tallahassee Meridian, lying and being in
623
Hillsborough County, Florida.
625
PARCEL 2:
627
PARCEL A:
629
THE SOUTH 1/2 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 18
630
EAST, HILLSBOROUGH COUNTY, FLORIDA.
632
PARCEL B:
634
THAT PORTION OF SECTION 27, TOWNSHIP 32 SOUTH, RANGE 18
635
EAST, HILLSBOROUGH COUNTY, FLORIDA, MORE PARTICULARLY
636
DESCRIBED AS FOLLOWS:
638
BEGIN AT THE SOUTHEAST CORNER OF STATED SECTION 27 FOR A
639
POINT OF BEGINNING; THENCE, SOUTH 89°09'25" WEST ALONG THE
640
SOUTH BOUNDARY OF SECTION 27, A DISTANCE OF 3252.07 FEET;
641
THENCE NORTH 54°55'27" EAST A DISTANCE OF 3381.55 FEET;
642
THENCE NORTH 35°04'33" WEST A DISTANCE OF 1125.00 FEET TO A
643
POINT ON THE SOUTHEAST RIGHT-OF-WAY BOUNDARY OF HIGHWAY
644
U.S. 41 (STATE ROAD NO. 45); THENCE N 54°55'27" EAST ALONG
645
STATED RIGHT-OF-WAY BOUNDARY A DISTANCE OF 1381.08 FEET TO
646
A POINT ON THE EAST BOUNDARY OF SECTION 27; THENCE SOUTH
647
00°17'04" EAST ALONG THE EAST BOUNDARY OF SECTION 27 A
648
DISTANCE OF 924.79 FEET TO THE NORTHEAST CORNER OF THE
649
SOUTHEAST 1/4 OF SECTION 27, THENCE SOUTH 00°05'13" WEST
650
ALONG THE EAST BOUNDARY OF SECTION 27, A DISTANCE OF
651
2684.95 FEET TO THE SOUTHEAST CORNER OF SECTION 27 AND THE
652
POINT OF BEGINNING.
654
PARCEL 3:
656
That part of the West 660.0 feet of the Southwest 1/4 of
657
the Northwest 1/4 of Section 26, Township 32 South, Range
658
18 East, Hillsborough County, Florida, lying South and East
659
of U.S. Highway 41, being more particularly described as
660
follows:
661
BEGIN at the Southwest corner of the Southwest 1/4 of the
662
Northwest 1/4 of said Section 26; thence N 00°15'11" E
663
along the West line of said Southwest 1/4 of the Northwest
664
1/4 for 922.31 feet to a point on the Southeasterly right-
665
of-way line of U.S. Highway 41 (State Road 45, Section No.
666
10060-2505); thence N 55°29'22" E along said Southeasterly
667
right-of-way line for 743.24 feet to a point on the North
668
line of said Southwest 1/4 of the Northwest 1/4; thence N
669
89°54'52" E along said North line for 49.42 feet to a point
670
of intersection with a line 660 feet East of and parallel
671
with the West line of said Southwest 1/4 of the Northwest
672
1/4; thence S 00°15'11" W along said parallel line for
673
1342.53 feet to a point on the South line of said Southwest
674
1/4 of the Northwest 1/4; thence S 89°55'06" W the said
675
South line for 660.01 feet to the POINT OF BEGINNING.
677
AND
679
The Northeast 1/4 of the Southeast 1/4 of the Northwest
680
1/4, the Southwest 1/4 of the Northwest 1/4, and that
681
portion of the Northwest 1/4 of the Northwest 1/4 lying
682
South and East of U.S. Highway 41, all in Section 26,
683
Township 32 South, Range 18 East, in. Hillsborough County,
684
Florida, LESS the West 660.00 feet of the Southwest 1/4 of
685
the Northwest 1/4 lying South and East of U.S. Highway 41
686
in said Section 26, being more particularly described as
687
follows:
689
BEGIN at the Northeast corner of said Section 26; thence S
690
00°07'05" W along the East line of the Northeast 1/4 of
691
said Section 26 for 2676.70 feet; thence S 89°55'06" W
692
along the South line of the Northeast 1/4 of said Section
693
26 for 2688.33 feet; thence continue S 89°55'06" W along
694
the South line of the Northwest 1/4 of said Section 26 for
695
2017.54 feet to a point of intersection with a line 660.00
696
feet East of and parallel with the West line of the
697
Southwest 1/4 of the Northwest 1/4 of said Section 26;
698
thence N 00°15'11" E along said parallel line for 1342.53
699
feet to a point on the North line of the Southwest 1/4 of
700
the Northwest 1/4 of said Section 26; thence S 89°54'52" W
701
along said North line for 49.42 feet to a point on the
702
Southeasterly right-of-way line of U.S. Highway 41 (State
703
Road 45, Section No. 10060-2505); thence Northeasterly
704
along right-of-way line for the following (2) courses: 1) N
705
55°29'22" E for 544.02 feet to a point of curvature; 2)
706
Northeasterly along the arc of a curve concave
707
Northwesterly, having for its elements a radius of 3951.72
708
feet, a central angle of 05°08'37", an arc length of 354.76
709
feet, and a chord bearing and distance of N 52°55'03" E for
710
354.65 feet to a point of intersection with the West line
711
of the Northeast 1/4 of the Northwest 1/4 of said Section
712
26; thence S 00°16'31" W along said West line for 520.98
713
feet; thence N 89°54'52" E along the South line of the
714
Northeast 1/4 of the Northwest 1/4 of said Section 26 for
715
1338.65 feet; thence N 00°16'11" E along the East line of
716
the Northeast 1/4 of the Northwest 1/4 of said Section 26
717
for 1342.67 feet; thence S 89°53'52" E along the North line
718
of the Northeast 1/4 of said Section 26 for 2681.20 feet to
719
the POINT OF BEGINNING.
721
LESS AND EXCEPT ANY PORTION THEREOF CONTAINED IN THE
722
FOLLOWING:
724
SCHOOL SITE
726
A parcel of land being a portion of the Northwest 1/4 of
727
Section 26, the Northeast 1/4 of Section 26 and the
728
Northwest 1/4 of Section 25, Township 32 South, Range 18
729
East, Hillsborough County, Florida, being more particularly
730
described as follows:
731
BEGIN at the Northeast corner of said Section 26; thence S
732
00°07'05" W along the East line of the Northeast 1/4 of
733
said Section 26 for 1338.35 feet to the Northwest corner of
734
the Southwest 1/4 of the Northwest 1/4 of said Section 25;
735
thence N 89°59'55" E along the North line of the Southwest
736
1/4 of the Northwest 1/4 of said Section 25 for 625.70
737
feet; thence S 00°00'05" E for 361.36 feet; thence S
738
29°06'53" W for 1118.29 feet to a point on the South line
739
of the Southwest 1/4 of the Northwest 1/4 of said Section
740
25; thence S 89°59'26" W along said South line for 84.35
741
feet to the Southeast corner of the Northeast 1/4 of said
742
Section 26; thence along the South line of the Northeast
743
1/4 of said Section 26, S 89°55'06" W for 2688.33 feet to
744
the Southwest corner of the Northeast 1/4 of said Section
745
26; thence continue along the South line of the Northwest
746
1/4 of said Section 26 for 1929.14 feet; thence N 30°45'07"
747
E for 1316.45 feet; thence N 00°05'08" W for 212.18 feet to
748
a point on the North line of the Southeast 1/4 of the
749
Northwest 1/4 of said Section 26; thence N 89°54'52" E
750
along said North line for 1262.65 feet to the Northeast
751
corner of the Southeast 1/4 of the Northwest 1/4 of Section
752
26; thence N 00°16'11" E along the West line of the
753
Northeast 1/4 of said Section 26 for 1342.67 feet to the
754
Northwest corner of the Northeast 1/4 of said Section 26;
755
thence S 89°53'52" E along the North line of the Northeast
756
1/4 of said Section 26 for 2681.20 feet to the POINT OF
757
BEGINNING.
759
PARCEL 4:
761
The Southwest 1/4 of the Northwest 1/4 of Section 26,
762
Township 32 South, Range 18 East, of the Tallahassee
763
Meridian, lying North and West of United States Highway No.
764
41.
766
AND
768
All that part of Section 27, Township 32 South, Range 18
769
East of the Tallahassee Meridian, lying between the rights-
770
of-way of the Atlantic Coast Line Railroad and the United
771
States Highway No. 41.
773
AND
775
That part of the Northwest 1/4 of the Northwest 1/4 of
776
Section 26, Township 32 South, Range 18 East of the
777
Tallahassee Meridian lying North and West of U.S. Highway
778
No. 41, LESS a parcel of land described as follows: Begin
779
on the North line of said Northwest 1/4 of the Northwest
780
1/4 at the intersection of said line and the Southerly line
781
of the railroad right-of-way, thence East along said North
782
line to the Northeast corner of the Northwest 1/4 of the
783
Northwest 1/4, thence South to the U.S. Highway No. 41
784
right-of-way, thence Southwesterly along the highway right
785
of-way 760.00 feet, thence North 45 degrees West to the
786
railroad right-of-way, thence Northeasterly to the Point of
787
Beginning.
789
LESS that part Northwesterly of the railroad right-of-way.
791
The above-described property also being described as
792
follows:
794
For a point of reference, commence at the Southeast corner
795
of the Northeast 1/4 of Section 27, Township 32 South,
796
Range 18 East, Hillsborough County, Florida N 0 deg 08 min
797
34 Sec East, along the East boundary of the Northeast 1/4
798
of said Section 27, a distance of 1136.11 feet to a point
799
on the Northerly right-of-way line of U.S. Highway NO. 41
800
for the Point of Beginning. Run thence S 55 deg 26'42" W.,
801
along the Northerly right-of-way line of U.S. Highway No.
802
41, a distanced of 4532.18 feet to the P.C. of a curve to
803
the left having a radius of 28,697.90 feet; thence along
804
the Northerly right-of-way line of U.S. Highway No. 41, a
805
distance of 60.87 feet along the arc of said curve, thru a
806
central angle of 0 deg 07'17", a chord bearing and distance
807
of S 55 deg 23'03" W., 60.87 feet to a point on the
808
Southerly right-of-way line of the Seaboard Coast Line
809
Railroad; thence N. 53 deg 17'38" E., along the Southerly
810
right-of-way line said Railroad, a distance of 1408.83 feet
811
to the P.C. of a curve to the left having a radius of
812
5729.58 feet and a central angle of 08 deg 30'00"; thence
813
along the Southerly right-of-way line of said Railroad,
814
850.00 feet along the arc of said curve, a chord bearing
815
and distance of N. 49 deg 02'38" E., 849.22 feet to the
816
P.T. of said curve; thence N. 44 deg 47'38" E, along the
817
Southerly right-of-way line of said Railroad, a distance of
818
3314.56 feet; thence S 52 deg 30'43" E., a distance of
819
750.35 feet to a point on the Northerly right-of-way line
820
of U.S. Highway No. 41; said point being on a curve to the
821
right having a radius of 1859.86 feet; thence along the
822
Northerly right of way line of U.S. Highway No. 41, a
823
distance of 415.95 feet along the arc of said curve, thru a
824
central angle of 12 deg 48'51", a chord bearing and
825
distance of S. 49 deg 02'17" W., 415.09 feet to the P.T. of
826
said curve; thence S 55 deg 26'42" W., along the Northerly
827
right-of-way line of U.S. Highway No; 41 a distance of
828
735.01 feet to the Point of Beginning.
830
All lying and being in Sections 26 and 27, Township 32
831
South, Range 18 East, Hillsborough County, Florida.
833
PARCEL 5:
835
That part of Section 27, Township 32 South, Range 18 East,
836
Hillsborough County, Florida, lying North and West of the
837
Atlantic Coast Line Railroad right-of-way;
839
LESS road right-of-way;
841
ALSO LESS a tract in the SW 1/4 of the said Section 27,
842
Township 32 South, Range 18 East, described as follows:
843
From the Southwest corner of said Section 27, run North
844
1°52.5' East along the West boundary of Section 27 a
845
distance of 229.0 feet to intersection with the Northern
846
right of way line of Atlantic Coast Line Railroad for a
847
Point of Beginning; from said Point of Beginning run North
848
54°34' East said Atlantic Coast Line Railroad right of way
849
a distance of 808.25 feet to a point North 35°26' West 65.0
850
feet from the center of an existing grade crossing of the
851
Atlantic Coast Line Railroad; run thence North 1°52.5' East
852
1197.0 feet; run thence North 43°18' West 906.45 feet to a
853
point on the West boundary of said Section 27; run thence
854
South 1°52.5' West 2325.87 feet along the West boundary of
855
said Section 27 to the Point of Beginning;
857
ALSO LESS the following:
859
That part lying North and East of the Southwesterly
860
boundary of road conveyed to Hillsborough County in
861
Official Record Book 1015 at page 11.
863
AND
865
That part of NW 1/4 of NW 1/4 of Section 26, Township 32
866
South, Range 18 East, lying North and West of railroad, and
867
South and West of road conveyed to Hillsborough County in
868
Official Record Book 1015 at page 11.
870
PARCEL 6:
872
Tract beginning at the Northeast corner of Section 28,
873
Township 32 South, Range 18 East, and run South 500 feet;
874
thence run West 2660 feet to the mean high water mark of
875
Cockroach Bay; thence run Northeasterly along the mean high
876
water mark of Cockroach Bay to the North Section line of
877
Section 28, Township 32 South, Range 18 East; thence run
878
East along the said North Section line of the said Section
879
28 to the Point of Beginning.
881
PARCEL 7:
883
That part of Sections 34, 35, and 36, Township 32 South,
884
Range 18 East, Hillsborough County, Florida, lying North of
885
the Northerly right of way line of a road designated
886
"Boulevard", on the plat of LES JARDINS DE FLORIDE
887
SUBDIVISION, which is a dedicated County road; and that
888
part of Section 33, Township 32 South, Range 18 East,
889
Hillsborough County, Florida, lying East of U.S. Highway
890
No. 41 and North of the above referenced dedicated County
891
road.
893
LESS the North 660 feet thereof, conveyed to Tampa Electric
894
Company by that Warranty Deed recorded in Official Record
895
Book 3184 at Page 1092, of the Public Records of
896
Hillsborough County, Florida.
898
ALSO LESS the parcel conveyed to Tampa Electric Company as
899
recorded in Official Record Book 4323 at Page 297, of the
900
Public Records of Hillsborough County, Florida.
902
ALSO LESS that portion conveyed to Hillsborough County by
903
that Warranty Deed recorded in Official Records Book 3770,
904
Page 1105, of the Public Records of Hillsborough County,
905
Florida.
906
ALSO LESS additional right of way for Valroy Road.
908
All the forgoing lands constitute a part of the LES JARDINS
909
DE FLORIDE SUBDIVISION, as per plat thereof recorded in
910
Plat Book 1 at Page 150, of the Public Records of
911
Hillsborough County, Florida.
913
PARCEL 8:
915
The Southerly portion of Section 34, Township 32 South,
916
Range 18 East, Hillsborough County, Florida; lying South of
917
Valroy Road, being a 100-foot right-of-way, and running in
918
an East-West direction through the approximate middle of
919
said Section 34;
921
LESS any other road right-of-way;
923
ALSO LESS the South 660.00 feet thereof;
925
ALSO LESS the West 1905.36 feet thereof;
927
ALSO LESS OUTPARCEL DESCRIBED AS FOLLOWS: That part of the
928
Southwest 1/4 of Section 34, Township 32 South, Range 18
929
East, Hillsborough County, Florida, being more particularly
930
described as follows: Commence at the West 1/4 corner of
931
Section 34, Township 32 South, Range 18 East, Hillsborough
932
County, Florida; thence South 89°55'43" East, along the
933
East/West centerline of said Section 34, for 1906.65 feet;
934
thence South 00°11'42" West for 50.00 feet, to the Southern
935
right-of-way of aforesaid Valroy Road and the Point of
936
Beginning; thence South 89°55'43" East, along said southern
937
right-of-way, for 123.78 feet; thence South 00°05'21" West
938
for 135.00 feet; thence North 89°55'43" West for 124.03
939
feet; thence North 00°11'42" East for 135.00 feet to the
940
Point of Beginning.
942
PARCEL 9:
944
PARCEL A:
946
Tracts 39 through 45, inclusive, LESS the North 200 feet
947
thereof; Tracts 48 through 57, inclusive, and that portion
948
of Tract 46, less the north 200 feet thereof, Tract 47, and
949
Garden Tracts 29, 32, 33, 34 and 35 lying East and South of
950
the present location of Bayshore Road (US Highway No. 541
951
(41)) of Les Jardins de Floride, according to the map or
952
plat thereof, as recorded in Plat Book 1, Page 150, of the
953
Public Records of Hillsborough County, Florida, all lying
954
and being a part of Sections 32 and 33, Township 32 South,
955
Range 18 East, Hillsborough County, Florida.
957
Excepting therefrom the South 660 feet of the above
958
described land.
960
PARCEL B: (WELL PARCEL)
962
Commence at the Southeast corner of Section 33, Township 32
963
South, Range 18 East, Hillsborough County, Florida; thence
964
North 00°10'22" East, along the East line of said Section
965
33, a distance of 660.46 feet to a TECO Monument found
966
marking the North line of the South 660 feet of said
967
Section 33 as monumented; thence South 89°45'19" West,
968
25.00 feet to a point on the West line of a 50 foot wide
969
platted right-of-way as shown on the Plat of Les Jardins de
970
Floride, according to the map or plat thereof, as recorded
971
in Plat Book 1, Page 150, of the Public Records of
972
Hillsborough County, Florida; thence continue South
973
89°45'19" West, 1064.89 feet for a Point of Beginning;
974
thence continue South 89°45'19" West, 30.00 feet; thence
975
South 00°14'41" East, 65.00 feet; thence North 89°45'19"
976
East, 30.00 feet; thence North 00°14'41" West, 65.00 feet
977
to the Point of Beginning.
979
PARCEL C:
981
The Westerly 25 feet of that certain 50 foot wide right-of-
982
way as shown on the Plat entitled "Les Jardins de Floride"
983
recorded in Plat Book 1, Page 150, of the Public Records of
984
Hillsborough County, Florida which lies East of and
985
adjacent to the East line of Tract 39, Less the North 200
986
feet thereof, and the East line of Tract 57, Less the South
987
660 feet thereof, all of said plat.
989
Being more particularly described as follows:
991
Commence at the Southeast corner of Section 33, Township 32
992
South, Range 18 East, Hillsborough County, Florida; thence
993
North 00°10'22" East, along the East line of said Section
994
33, a distance of 660.46 feet to a TECO monument found
995
marking the North line of the South 660 feet of said
996
Section 33 as monumented, said point being the Point of
997
Beginning; thence continue North 00°10'22" East, along the
998
East line of said section, a distance of 956.20 feet;
999
thence leaving the East line of said section South
1000
89°58'38" West, a distance of 25.00 feet to the East line
1001
of said Tract 39; thence South 00°10'22" West along the
1002
East line of said Tracts 39 and 57, a distance of 956.29
1003
feet; thence North 89°45'19" East, a distance of 25.00 feet
1004
to the Point of Beginning.
1006
SUBURBAN LAND PARCELS:
1008
PARCEL 1:
1010
THE N 660 FT OF THAT PT OF NE 1/4 OF SECTION 33, TOWNSHIP
1011
32 SOUTH, RANGE 18 EAST, HILLSBOROUGH COUNTY, FLORIDA,
1012
LYING EAST OF R/W OF US HWY 41.
1014
PARCEL 2:
1016
THE N 660 FEET OF SECTION 34, TOWNSHIP 32 SOUTH, RANGE 18
1017
EAST, HILLSBOROUGH COUNTY, FLORIDA, LESS R/W FOR US HWY 41.
1019
PARCEL 3:
1021
THE N 660 FT OF SECTION 35, TOWNSHIP 32 SOUTH, RANGE 18
1022
EAST, HILLSBOROUGH COUNTY, FLORIDA.
1024
PARCEL 4:
1026
THE N 660 FT OF SECTION 36, TOWNSHIP 32 SOUTH, RANGE 18
1027
EAST, HILLSBOROUGH COUNTY, FLORIDA.
1029
PARCEL 5:
1031
The North 100 acres of the South 300 acres of the West 1/2
1032
of Section 32, Township 32 South, Range 19 East,
1033
Hillsborough County, Florida; LESS the South 235 feet of
1034
the North 665 thereof and LESS existing road rights of way
1035
and LESS right of way for I-75.
1037
ALSO LESS AND EXCEPT any portion thereof contained in
1038
Special Warranty Deed recorded in Official Records
1039
Instrument Number 2024282551, Public Records of
1040
Hillsborough County, Florida.
1042
PARCEL 6:
1044
The South 200 acres of the West 1/2 of Section 32, Township
1045
32 South, Range 19 East, Hillsborough County, Florida; LESS
1046
the South 320 feet thereof and LESS existing road rights of
1047
way.
1049
ALSO LESS AND EXCEPT any portion thereof contained in
1050
Special Warranty Deed recorded in Official Records
1051
Instrument Number 2024282551, Public Records of
1052
Hillsborough County, Florida.
1054
PARCEL 7:
1056
That part of the West 1/2 of Section 32, Township 32 South,
1057
Range 19 East, Hillsborough County, Florida, lying East of
1058
the Easterly right of way line of I-75, LESS the South 300
1059
acres thereof.
1061
ALSO LESS AND EXCEPT any portion thereof contained in
1062
Special Warranty Deed recorded in Official Records
1063
Instrument Number 2024282551, Public Records of
1064
Hillsborough County, Florida.
1066
PARCEL 8:
1068
Begin at a point that is the intersection of the West line
1069
of Section 31, Township 32 South, Range 19 East,
1070
Hillsborough County, Florida, with the Northwesterly right
1071
of way line of I-75; thence North along the said West line
1072
of Section 31, to a point of intersection of said West line
1073
of Section 31 with the Southerly right of way line of
1074
Valroy Road; thence Northeasterly along the said Southerly
1075
right of way line of Valroy Road to a point which is the
1076
intersection of said Southerly right of way line of Valroy
1077
Road with said Northwesterly right of way line of I-75;
1078
thence go Southwesterly along the said Northwesterly right
1079
of way line of I-75 to the Point of Beginning.
1081
PARCEL 9:
1083
Begin at a point that is the intersection of the Northerly
1084
boundary of Valroy Road and the Westerly boundary of I-75
1085
in the East 1/2 of Section 31, Township 32 South, Range 19
1086
East, Hillsborough County, Florida, thence Northeasterly
1087
along the Westerly boundary of I-75, 700 feet, more or
1088
less, to the intersection of the Westerly boundary of I-75
1089
and the South boundary of the 660 foot easement of Tampa
1090
Electric Company; thence West along the South boundary of
1091
said Tampa Electric easement a distance of 1750 feet, more
1092
or less, to a point in an existing fence line; thence South
1093
along said fence line a distance of 750 feet, more or less,
1094
to a point of intersection of said fence line and the
1095
Northerly boundary of Valroy Road; thence Easterly
1096
following the Northerly boundary of Valroy Road a distance
1097
of 1435 feet, more or less, to the Point of Beginning;
1098
TOGETHER with an easement for ingress and egress as
1099
reserved in instrument recorded in O.R. Book 2723, Page 500
1100
and easement for ingress and egress as reserved in O.R.
1101
Book 2723, Page 494, Public Records of Hillsborough County,
1102
Florida. Together with an easement for ingress and egress
1103
as reserved in instrument recorded in O.R. Book 2723, Page
1104
494, AS ASSIGNED IN O.R. BOOK 17859, PAGE 1277, Public
1105
Records of Hillsborough County, Florida.
1107
LESS AND EXCEPT those lands contained in Special Warranty
1108
Deed recorded in Official Records Instrument Number
1109
2024282552, Public Records of Hillsborough County, Florida.
1111
PARCEL 10:
1113
That part of the Northeast 1/4 of Section 31, Township 32
1114
South, Range 19 East, Hillsborough County, Florida, lying
1115
East of the Easterly right of way line of I-75 and North of
1116
the Northerly right of way line of Valroy Road; LESS that
1117
portion conveyed to Tampa Electric Company by virtue of
1118
deed recorded in O.R. Book 2723, Page 500, Public Records
1119
of Hillsborough County, Florida; Together with an easement
1120
for ingress and egress as reserved in instrument recorded
1121
in O.R. Book 2723, Page 494, Public Records of Hillsborough
1122
County, Florida.
1124
PARCEL 11:
1126
Begin at a point on the East line of Section 31, Township
1127
32 South, Range 19 East, Hillsborough County, Florida; said
1128
point being 320 feet North of the Southeast corner of said
1129
Section 31; thence go West parallel to the South line of
1130
said Section 31, 1900 feet to a point; thence go North
1131
parallel to the East line of said Section 31, 900 feet to a
1132
point; thence go East parallel to the South line of said
1133
Section 31, 700 feet to a point; thence go Northeasterly
1134
1700 feet to a point that is 250 feet West of the East line
1135
of said Section 31, thence go East parallel to the South
1136
line of said Section 31, East 250 feet, more or less, to
1137
the East line of said Section 31, thence South along the
1138
East line of said Section 31, 2200 feet, more or less, to
1139
the Point of Beginning.
1141
PARCEL 12:
1143
(a) That portion of Section 31, Township 32 South, Range
1144
19 East, Hillsborough County, Florida, lying Southeasterly
1145
of I-75 and South of Valroy Road; LESS the South 320 feet
1146
and LESS Tract beginning at a point on the East line of
1147
Section 31, Township 32 South, Range 19 East, Hillsborough
1148
County, Florida; said point being 320 feet North of the
1149
Southeast corner of said Section 31; thence go West
1150
parallel to the South line of said Section 31, 1900 feet to
1151
a point; thence go North parallel to the East line of said
1152
Section 31, 900 feet to a point; thence go East parallel to
1153
the South line of said Section 31, 700 feet to a point;
1154
thence go Northeasterly 1700 feet to a point that is 250
1155
feet West of the East line of said Section 31, thence go
1156
East parallel to the South line of said Section 31, East
1157
250 feet, more or less, to the East line of said Section
1158
31, thence South along the East line of said Section 31,
1159
2200 feet, more or less, to the Point of Beginning;
1160
Together with an easement for ingress and egress as
1161
reserved in instrument recorded in O.R. Book 2723, Page
1162
494, Public Records of Hillsborough County, Florida.
1163
Together with an easement for ingress and egress as
1164
reserved in instrument recorded in O.R. Book 2723, Page
1165
494, AS ASSIGNED IN O.R. BOOK 17859, PAGE 1277, Public
1166
Records of Hillsborough County, Florida.
1168
AND
1170
(b) Beginning at the intersection of the Northerly road
1171
right of way of Valroy Road and the West line of Section
1172
31, Township 32 South, Range 19 East, Hillsborough County,
1173
Florida; thence go North along the West line of said
1174
Section 31 a distance of 1400 feet more or less to the
1175
South boundary of the lands of Tampa Electric Company,
1176
thence go Northeasterly 935 feet, more or less, to the
1177
South boundary of the 660 foot parcel owned by TECO, thence
1178
go East 2550 feet more or less to the East line of fence on
1179
Ganey Road, thence go South 760 feet, more or less, to the
1180
Northerly right of way of Valroy Road, thence Southwesterly
1181
along the Northerly right of way line of Valroy Road to the
1182
Point of Beginning; LESS and except therefrom the West 100
1183
feet of the Northeast 1/4 of said Section 31, lying and
1184
situated within the boundaries of the just described
1185
property.
1186
Less and Except that portion thereof having been conveyed
1187
to Tampa Electric Company by deed recorded in Official
1188
Records Book 4351, Page 440, Public Records of Hillsborough
1189
County, Florida.
1191
AND
1193
(c) The Southeast 1/4 of Section 30, Township 32 South,
1194
Range 19 East, Hillsborough County, Florida, lying
1195
Southerly and Easterly of the Little Manatee River less and
1196
except the following parcels described in A, B and C:
1198
(A) A parcel of land lying and being in the Southeast 1/4
1199
of Section 30, Township 32 South, Range 19 East,
1200
Hillsborough County, Florida, more particularly described
1201
as follows:
1203
Begin at the Northwest corner of the Southeast 1/4 of said
1204
Section 30; thence North 89°46'34" East, along the North
1205
line of said Southeast 1/4; a distance of 756.08 feet;
1206
thence South 38°45'41" East, 471.11 feet; thence South
1207
40°18'11" East, 993.65 feet; thence South 01°26'27" West,
1208
818.10 feet; thence South 82°12'36" West, 1664.03 feet to a
1209
point on the West line of said Southeast 1/4; thence North
1210
00°38'54" West, along said West line, a distance of 2165.72
1211
feet to the Point of Beginning; LESS the West 100 feet
1212
thereof.
1214
(B) The West 100 feet of said Southeast 1/4 of Section 30,
1215
Township 32 South, Range 19 East. Together with an easement
1216
for ingress and egress as reserved in instrument recorded
1217
in O.R. Book 2723, Page 494, AS ASSIGNED IN O.R. BOOK
1218
17859, PAGE 1277, Public Records of Hillsborough County,
1219
Florida.
1221
(C) Commence at the Northwest corner of the Southeast 1/4
1222
of Section 30, Township 32 South, Range 19 East,
1223
Hillsborough County, Florida; thence North 89°46'34" East,
1224
along the North line of said Southeast 1/4, a distance of
1225
756.08 feet for a Point of Beginning; thence South
1226
38°45'41" East, 471.11 feet; thence North 47°29'30" East,
1227
324.89 feet to the waters of the Little Manatee River;
1228
thence North 17°27'13" West, along said waters, a distance
1229
of 156.96 feet to the aforementioned North line of the
1230
Southeast 1/4; thence South 89°46'34" West, along said
1231
North line, a distance of 487.38 feet to the Point of
1232
Beginning.
1234
Also less and except that portion conveyed to Tampa
1235
Electric Company by virtue of instrument recorded in O.R.
1236
Book 2723, Page 500.
1238
Together with an easement for ingress and egress as
1239
reserved in instrument recorded in O.R. Book 2723, Page
1240
500, and Together with an easement for ingress and egress
1241
described as follows:
1242
Commence at the Northwest corner of the Southeast 1/4 of
1243
Section 30, Township 32 South, Range 19 East, Hillsborough
1244
County, Florida; thence run North 89°46'34" East, along the
1245
North line of said Southeast 1/4, a distance of 52.96 feet
1246
for a Point of Beginning; thence continue North 89°46'34"
1247
East, 703.12 feet; thence South 38°45'41" East, 63.92 feet;
1248
thence South 89°46'34" West, 741.73 feet; thence North
1249
01°37'19" West, 50.02 feet to the Point of Beginning.
1251
PARCEL 13:
1253
(a) Commence at the Northwest corner of the Southeast 1/4
1254
of Section 30, Township 32 South, Range 19 East,
1255
Hillsborough County, Florida; thence North 89°40'34" East,
1256
along the North line of said Southeast 1/4, a distance of
1257
756.08 feet for a Point of Beginning; thence South
1258
38°45'41" East, 471.11 feet; thence North 47°29'30" East,
1259
324.89 feet to the waters of the Little Manatee River;
1260
thence North 17°27'13" West, along said waters, a distance
1261
of 156.96 feet to the aforementioned North line of the
1262
Southeast 1/4; thence South 89°47'34" West, along said
1263
North line, a distance of 487.38 feet to the Point of
1264
Beginning; Together with an easement for ingress and
1265
egress, being more particularly described as follows:
1266
Commence at the Northwest corner of the Southeast 1/4 of
1267
Section 30, Township 32 South, Range 19 East, Hillsborough
1268
County, Florida; thence North 89°46'34" East, along the
1269
North line of said Southeast 1/4, a distance of 52.96 feet
1270
for a Point of Beginning; thence continue North 89°46'34"
1271
East, 703.12 feet; thence South 38°45'41" East, 63.92 feet;
1272
thence South 89°40'34" West, 741.73 feet; thence North
1273
00°37'19" West, 50.02 feet to the Point of Beginning.
1275
AND
1277
(b) The West 100-feet of the Southeast 1/4 of Section 30,
1278
Township 32 South, Range 19 East, Hillsborough County,
1279
Florida TOGETHER with an easement for ingress and egress as
1280
reserved in instrument recorded in O.R. Book 2723, Page
1281
500, both of the Public Records of Hillsborough County,
1282
Florida.
1284
AND
1286
(c) The West 100 feet of the Northeast 1/4 of Section 31,
1287
Township 32 South, Range 19 East, Hillsborough County,
1288
Florida, lying North of Valroy Road and South of Tampa
1289
Electric Company tract described in O.R. Book 2723, Page
1290
494, Public Records of Hillsborough County, Florida.
1292
PARCEL 14:
1294
A parcel of land lying and being in the Southeast 1/4 of
1295
Section 30, Township 32 South, Range 19 East, Hillsborough
1296
County, Florida, more particularly described as follows:
1298
Begin at the Northwest corner of the Southeast 1/4 of said
1299
Section 30; thence North 89°46'34" East, along the North
1300
line of said Southeast 1/4; a distance of 756.08 feet;
1301
thence South 38°45'41" East, 471.11 feet; thence South
1302
40°18'11" East, 993.65 feet; thence South 01°26'27" West,
1303
818.10 feet; thence South 82°12'36" West, 1664.03 feet to a
1304
point on the West line of said Southeast 1/4; thence North
1305
00°38'54" West, along said West line, a distance of 2165.72
1306
feet to the Point of Beginning; LESS the West 100 feet
1307
thereof.
1309
PARCEL 15:
1311
The Southwest 1/4 of Section 30, Township 32 South, Range
1312
19 East, Hillsborough County, Florida; Together with an
1313
easement for ingress and egress, being more particularly
1314
described as follows: Begin at the Northeast corner of the
1315
Southwest 1/4 of Section 30, Township 32 South, Range 19
1316
East, Hillsborough County, Florida; thence North 89°46'34"
1317
East along the North line of the Southeast 1/4 a distance
1318
of 102.96 feet; thence South 00°38'54" East, a distance of
1319
75 feet; thence South 89°46'34" West, a distance of 102.96
1320
feet; thence North 00°38'54" West, along the East line of
1321
the Southwest 1/4, a distance of 75 feet to the Point of
1322
Beginning; Together with an easement for ingress and egress
1323
as reserved in instrument recorded in O.R. Book 2723, Page
1324
494, Public Records of Hillsborough County, Florida.
1325
Together with an easement for ingress and egress as
1326
reserved in instrument recorded in O.R. Book 2723, Page
1327
494, AS ASSIGNED IN O.R. BOOK 17859, PAGE 1277, Public
1328
Records of Hillsborough County, Florida.
1330
PARCEL 16:
1332
That part of the Southwest 1/4 of Section 29, Township 32
1333
South, Range 19 East, Hillsborough County, Florida, lying
1334
East of the Easterly right of way of I-75 and lying South
1335
of Little Manatee River.
1337
AND
1339
That part of the Southwest 1/4 of Section 29, Township 32
1340
South, Range 19 East, Hillsborough County, Florida, lying
1341
West of the Westerly right of way of I-75 and lying South
1342
of Little Manatee River; LESS that portion conveyed to
1343
Tampa Electric Company by virtue of instrument recorded in
1344
O.R. Book 2723, Page 500, Public Records of Hillsborough
1345
County, Florida.
1347
ALSO LESS AND EXCEPT any portion thereof contained in
1348
Special Warranty Deed recorded in Official Records
1349
Instrument Number 2024282551, Public Records of
1350
Hillsborough County, Florida.
1352
PARCEL 17:
1354
Parcel "A"
1356
That part of:
1358
The South 235 feet of the North 665 feet of the Northwest
1359
1/4 of Section 32, Township 32 South Range 19 East,
1360
Hillsborough County, Florida, lying East of the East right
1361
of way line of State Road No. 93A (I75).
1363
LESS AND EXCEPT any portion thereof contained in Special
1364
Warranty Deed recorded in Official Records Instrument
1365
Number 2024282551, Public Records of Hillsborough County,
1366
Florida.
1368
AND
1370
Parcel "B":
1372
A Parcel of land lying within Section 31; Township 32
1373
South, Range 19 East, Hillsborough County, Florida, being a
1374
portion of those lands described as Parcel I in O.R. Book
1375
2723, Page 500 of the Public Records of Hillsborough
1376
County, Florida and being more particularly described as
1377
follows:
1379
Commence at the Northeast corner of said Section 31, run
1380
thence South 00°16'28" East along the East line of said
1381
Section 31, a distance of 467.58 feet to a point of
1382
intersection with the Easterly right of way line of State
1383
Road 93A (I-75), said point being the Point of Beginning;
1384
thence continue South 00°16'28" East along the East line of
1385
said Section 31, a distance of 197.43 feet to the Southeast
1386
corner of the North 665 feet of the Northeast 1/4 of said
1387
Section 31; run thence North 89°42'13" West, a distance of
1388
102.37 feet along the South line of said North 665 feet, to
1389
a point of intersection with the Easterly right of way line
1390
of State Road 93A (I-75); run thence North 27°15'15" East
1391
along the Easterly line of State Road 93A (I-75) a distance
1392
of 221.49 to the Point of Beginning.
1394
PARCEL 18:
1396
A parcel of land being a portion of those lands described
1397
as "Parcel I" in O.R. Book 2723, Page 500, of the Public
1398
Records of Hillsborough County, Florida, lying within the
1399
Northwest 1/4 of Section 31, Township 32 South, Range 19
1400
East, and being more particularly described as follows:
1402
Description:
1404
Commence at the Northwest corner of Section 31, Township 32
1405
South, Range 19 East, run thence South 89°42'08" East,
1406
2617.61 along the North boundary of said Section 31, also
1407
being the North line of The Tampa Electric Company right of
1408
way, Parcel I, O.R. Book 2723, Page 500, to a Point of
1409
Beginning; thence continue along the North line of said
1410
Section 31, South 89°42'08" East, 100.00 feet; thence
1411
leaving the North line of said Section 31, South 00°00'00"
1412
West, 665.05 feet to the intersection with the South line
1413
of said Parcel I, O.R. Book 2723, Page 500; thence North
1414
89°42'13" West, 100.00 feet, along said South line; thence
1415
North 00°00'00" West, 665.05 feet to the Point of
1416
Beginning.
1418
TOTAL AREA OR PROPERTY DESCRIBED HEREIN IS 3,707 ACRES,
1419
MORE OR LESS.
1420
Section 5. Board of supervisors; members and meetings;
1421
organization; powers; duties; terms of office; related election
1422
requirements.—
1423
(1) The board of the district shall exercise the powers
1424
granted to the district pursuant to this act. The board shall
1425
consist of five members, each of whom shall hold office for a
1426
term of 4 years, as provided in this section, except as
1427
otherwise provided herein for initial board members, and until a
1428
successor is chosen and qualified. The members of the board must
1429
be residents of the state and citizens of the United States.
1430
(2)(a) Within 90 days after the effective date of this
1431
act, there shall be held a meeting of the landowners of the
1432
district for the purpose of electing five supervisors for the
1433
district. Notice of the landowners' meeting shall be published
1434
in a newspaper of general circulation in the general area of the
1435
district once a week for 2 consecutive weeks, the last day of
1436
such publication to be not fewer than 14 days nor more than 28
1437
days before the date of the election. The landowners, when
1438
assembled at such meeting, shall organize by electing a chair,
1439
who shall conduct the meeting. The chair may be any person
1440
present at the meeting. If the chair is a landowner or proxy
1441
holder of a landowner, he or she may nominate candidates and
1442
make and second motions. The landowners present at the meeting,
1443
in person or by proxy, shall constitute a quorum. At any
1444
landowners' meeting, 50 percent of the district acreage is not
1445
required to constitute a quorum, and each governing board member
1446
elected by landowners shall be elected by a majority of the
1447
acreage represented either by owner or proxy present and voting
1448
at said meeting.
1449
(b) At such meeting, each landowner shall be entitled to
1450
cast one vote per acre of land owned by him or her and located
1451
within the district for each person to be elected. A landowner
1452
may vote in person or by proxy in writing. Each proxy must be
1453
signed by one of the legal owners of the property for which the
1454
vote is cast and must contain the typed or printed name of the
1455
individual who signed the proxy; the street address, legal
1456
description of the property, or tax parcel identification
1457
number; and the number of authorized votes. If the proxy
1458
authorizes more than one vote, each property must be listed and
1459
the number of acres of each property must be included. The
1460
signature on a proxy need not be notarized. A fraction of an
1461
acre shall be treated as 1 acre, entitling the landowner to one
1462
vote with respect thereto. The three candidates receiving the
1463
highest number of votes shall each be elected for terms expiring
1464
November 26, 2030, and the two candidates receiving the next
1465
largest number of votes shall each be elected for terms expiring
1466
November 28, 2028, with the term of office for each successful
1467
candidate commencing upon election. The members of the first
1468
board elected by landowners shall serve their respective terms;
1469
however, the next election of board members shall be held on the
1470
first Tuesday after the first Monday in November 2028.
1471
Thereafter, there shall be an election by landowners for the
1472
district every 2 years on the first Tuesday after the first
1473
Monday in November, which shall be noticed pursuant to paragraph
1474
(a). The second and subsequent landowners' election shall be
1475
announced at a public meeting of the board at least 90 days
1476
before the date of the landowners' meeting and shall also be
1477
noticed pursuant to paragraph (a). Instructions on how all
1478
landowners may participate in the election, along with sample
1479
proxies, shall be provided during the board meeting that
1480
announces the landowners' meeting. Each supervisor elected in or
1481
after November 2028 shall serve a 4-year term.
1482
(3)(a)1. The board may not exercise the ad valorem taxing
1483
power authorized by this act until such time as all members of
1484
the board are qualified electors who are elected by qualified
1485
electors of the district.
1486
2.a. Regardless of whether the district has proposed to
1487
levy ad valorem taxes, board members shall be elected by
1488
qualified electors of the district as the district becomes
1489
populated with qualified electors. The transition shall occur
1490
such that the composition of the board, after the first general
1491
election following a trigger of the qualified elector population
1492
thresholds set forth below, shall be as follows:
1493
(I) Once 14,000 qualified electors reside within the
1494
district, one governing board member shall be a person who is a
1495
qualified elector of the district and who was elected by the
1496
qualified electors, and four governing board members shall be
1497
persons who were elected by the landowners.
1498
(II) Once 21,000 qualified electors reside within the
1499
district, two governing board members shall be persons who are
1500
qualified electors of the district and who were elected by the
1501
qualified electors, and three governing board members shall be
1502
persons who were elected by the landowners.
1503
(III) Once 28,000 qualified electors reside within the
1504
district, three governing board members shall be persons who are
1505
qualified electors of the district and who were elected by the
1506
qualified electors, and two governing board members shall be
1507
persons who were elected by the landowners.
1508
(IV) Once 35,000 qualified electors reside within the
1509
district, four governing board members shall be persons who are
1510
qualified electors of the district and who were elected by the
1511
qualified electors, and one governing board member shall be a
1512
person who was elected by the landowners.
1513
(V) Once 40,000 qualified electors reside within the
1514
district, all five governing board members shall be persons who
1515
are qualified electors of the district and who were elected by
1516
the qualified electors. Nothing in this sub-subparagraph is
1517
intended to require an election before the expiration of an
1518
existing board member's term.
1519
b. On or before June 1 of each election year, the board
1520
shall determine the number of qualified electors in the district
1521
as of the immediately preceding April 15. The board shall use
1522
and rely upon the official records maintained by the supervisor
1523
of elections and property appraiser or tax collector in
1524
Hillsborough County in making this determination. Such
1525
determination shall be made at a properly noticed meeting of the
1526
board and shall become a part of the official minutes of the
1527
district.
1528
c. All governing board members elected by qualified
1529
electors shall be elected at large at an election occurring as
1530
provided in subsection (2) and this subsection.
1531
d. All governing board members elected by qualified
1532
electors shall reside in the district.
1533
e. Once the district qualifies to have any of its board
1534
members elected by the qualified electors of the district, the
1535
initial and all subsequent elections by the qualified electors
1536
of the district shall be held at the general election in
1537
November. The board shall adopt a resolution, if necessary, to
1538
implement this requirement. The transition process described
1539
herein is intended to be in lieu of the process set forth in s.
1540
189.041, Florida Statutes.
1541
(b) Elections of board members by qualified electors held
1542
pursuant to this subsection shall be nonpartisan and shall be
1543
conducted in the manner prescribed by general law for holding
1544
general elections. Board members shall assume the office on the
1545
second Tuesday following their election.
1546
(c) Candidates seeking election to office by qualified
1547
electors under this subsection shall conduct their campaigns in
1548
accordance with chapter 106, Florida Statutes, and shall file
1549
qualifying papers and qualify for individual seats in accordance
1550
with s. 99.061, Florida Statutes.
1551
(d) The supervisor of elections shall appoint the
1552
inspectors and clerks of elections, prepare and furnish the
1553
ballots, designate polling places, and canvass the returns of
1554
the election of board members by qualified electors. The county
1555
canvassing board shall declare and certify the results of the
1556
election.
1557
(4) Members of the board, regardless of how elected,
1558
shall be public officers, shall be known as supervisors, and,
1559
upon entering into office, shall take and subscribe to the oath
1560
of office as prescribed by s. 876.05, Florida Statutes. Members
1561
of the board shall be subject to ethics and conflict of interest
1562
laws of the state that apply to all local public officers. They
1563
shall hold office for the terms for which they were elected or
1564
appointed and until their successors are chosen and qualified.
1565
If, during the term of office, a vacancy occurs, the remaining
1566
members of the board shall fill each vacancy by an appointment
1567
for the remainder of the unexpired term.
1568
(5) Any elected member of the board of supervisors may be
1569
removed by the Governor for malfeasance, misfeasance,
1570
dishonesty, incompetency, or failure to perform the duties
1571
imposed upon him or her by this act, and any vacancies that may
1572
occur in such office for such reasons shall be filled by the
1573
Governor as soon as practicable.
1574
(6) A majority of the members of the board constitutes a
1575
quorum for the purposes of conducting its business and
1576
exercising its powers and for all other purposes. Action taken
1577
by the district shall be upon a vote of a majority of the
1578
members present unless general law or a rule of the district
1579
requires a greater number.
1580
(7) As soon as practicable after each election or
1581
appointment, the board shall organize by electing one of its
1582
members as chair and by electing a secretary, who need not be a
1583
member of the board, and such other officers as the board may
1584
deem necessary.
1585
(8) The board shall keep a permanent record book entitled
1586
"Record of Proceedings of Land Reserve Stewardship District," in
1587
which shall be recorded minutes of all meetings, resolutions,
1588
proceedings, certificates, bonds given by all employees, and any
1589
and all corporate acts. The record book and all other district
1590
records shall at reasonable times be opened to inspection in the
1591
same manner as state, county, and municipal records pursuant to
1592
chapter 119, Florida Statutes. The record book shall be kept at
1593
the office or other regular place of business maintained by the
1594
board in a designated location in Hillsborough County.
1595
(9) Each supervisor may not be entitled to receive
1596
compensation for his or her services in excess of the limits
1597
established in s. 190.006(8), Florida Statutes, or any other
1598
provision of general law; however, each supervisor shall receive
1599
travel and per diem expenses as set forth in s. 112.061, Florida
1600
Statutes.
1601
(10) All meetings of the board shall be open to the public
1602
and governed by chapter 286, Florida Statutes.
1603
Section 6. Board of supervisors; general duties.—
1604
(1) DISTRICT MANAGER AND EMPLOYEES.—The board shall
1605
employ and fix the compensation of a district manager, who shall
1606
have charge and supervision of the works of the district and
1607
shall be responsible for preserving and maintaining any
1608
improvement or facility constructed or erected pursuant to this
1609
act, for maintaining and operating the equipment owned by the
1610
district, and for performing such other duties as may be
1611
prescribed by the board. It is not a conflict of interest or an
1612
abuse of public position under chapter 112, Florida Statutes,
1613
for a board member, the district manager, or another employee of
1614
the district to be a stockholder, officer, or employee of a
1615
landowner or an entity affiliated with a landowner. The district
1616
manager may hire or otherwise employ and terminate the
1617
employment of such other persons, including, without limitation,
1618
professional, supervisory, and clerical employees, as may be
1619
necessary and authorized by the board. The compensation and
1620
other conditions of employment of the officers and employees of
1621
the district shall be as provided by the board.
1622
(2) TREASURER.—The board shall designate a person who is
1623
a resident of the state as treasurer of the district, who shall
1624
have charge of the funds of the district. Such funds shall be
1625
disbursed only upon the order of or pursuant to a resolution of
1626
the board by warrant or check countersigned by the treasurer and
1627
by such other person as may be authorized by the board. The
1628
board may give the treasurer such other or additional powers and
1629
duties as the board may deem appropriate and may fix his or her
1630
compensation. The board may require the treasurer to give a bond
1631
in such amount, on such terms, and with such sureties as may be
1632
deemed satisfactory to the board to secure the performance by
1633
the treasurer of his or her powers and duties. The financial
1634
records of the board shall be audited by an independent
1635
certified public accountant in accordance with the requirements
1636
of general law.
1637
(3) PUBLIC DEPOSITORY.—The board is authorized to select
1638
as a depository for its funds any qualified public depository as
1639
defined in s. 280.02, Florida Statutes, which meets all the
1640
requirements of chapter 280, Florida Statutes, and has been
1641
designated by the treasurer as a qualified public depository
1642
upon such terms and conditions as to the payment of interest by
1643
such depository upon the funds so deposited as the board may
1644
deem just and reasonable.
1645
(4) BUDGET; REPORTS AND REVIEWS.—
1646
(a) The district shall provide financial reports in such
1647
form and such manner as prescribed pursuant to this act and
1648
chapter 218, Florida Statutes.
1649
(b) On or before July 15 of each year, the district
1650
manager shall prepare a proposed budget for the ensuing fiscal
1651
year to be submitted to the board for board approval. The
1652
proposed budget shall include at the direction of the board an
1653
estimate of all necessary expenditures of the district for the
1654
ensuing fiscal year and an estimate of income to the district
1655
from the taxes and assessments provided in this act. The board
1656
shall consider the proposed budget item by item and may either
1657
approve the budget as proposed by the district manager or modify
1658
the same in part or in whole. The board shall indicate its
1659
approval of the budget by resolution, which resolution shall
1660
provide for a hearing on the budget as approved. Notice of the
1661
hearing on the budget shall be published in a newspaper of
1662
general circulation in the general area of the district once a
1663
week for 2 consecutive weeks, except that the first publication
1664
shall be no less than 15 days before the date of the hearing.
1665
The notice shall further contain a designation of the day, time,
1666
and place of the public hearing. At the day, time, and place
1667
designated in the notice, the board shall hear all objections to
1668
the budget as proposed and may make such changes as the board
1669
deems necessary. At the conclusion of the budget hearing, the
1670
board shall, by resolution, adopt the budget as finally approved
1671
by the board. The budget shall be adopted before October 1 of
1672
each year.
1673
(c) At least 60 days before adoption, the board of
1674
supervisors of the district shall submit to the Board of County
1675
Commissioners of Hillsborough County, for purposes of disclosure
1676
and information only, the proposed annual budget for the ensuing
1677
fiscal year, and the board of county commissioners may submit
1678
written comments to the board of supervisors solely for the
1679
assistance and information of the board of supervisors in
1680
adopting its annual district budget.
1681
(d) The board of supervisors shall submit annually a
1682
public facilities report to the Board of County Commissioners of
1683
Hillsborough County pursuant to s. 189.08, Florida Statutes. The
1684
board of county commissioners may use and rely on the district's
1685
public facilities report in the preparation or revision of the
1686
Hillsborough County comprehensive plan.
1687
(5) DISCLOSURE OF PUBLIC INFORMATION; WEB-BASED PUBLIC
1688
ACCESS.—The district shall take affirmative steps to provide for
1689
the full disclosure of information relating to the public
1690
financing and maintenance of improvements to real property
1691
undertaken by the district. Such information shall be made
1692
available to all existing and prospective residents of the
1693
district. The district shall furnish each developer of a
1694
residential development within the district with sufficient
1695
copies of that information to provide each prospective initial
1696
purchaser of property in that development with a copy; and any
1697
developer of a residential development within the district, when
1698
required by general law to provide a public offering statement,
1699
shall include a copy of such information relating to the public
1700
financing and maintenance of improvements in the public offering
1701
statement. The district shall file the disclosure documents
1702
required by this subsection and any amendments thereto in the
1703
property records of each county in which the district is
1704
located. By the end of the first full fiscal year of the
1705
district's creation, the district shall maintain an official
1706
Internet website in accordance with s. 189.069, Florida
1707
Statutes.
1708
(6) GENERAL POWERS.—The district shall have, and the
1709
board may exercise, the following general powers:
1710
(a) To sue and be sued in the name of the district; to
1711
adopt and use a seal and authorize the use of a facsimile
1712
thereof; to acquire, by purchase, gift, devise, or otherwise,
1713
and to dispose of, real and personal property, or any estate
1714
therein; and to make and execute contracts and other instruments
1715
necessary or convenient to the exercise of its powers.
1716
(b) To apply for coverage of its employees under the
1717
Florida Retirement System in the same manner as if such
1718
employees were state employees.
1719
(c) To contract for the services of consultants to
1720
perform planning, engineering, legal, or other appropriate
1721
services of a professional nature. Such contracts shall be
1722
subject to public bidding or competitive negotiation
1723
requirements as set forth in general law applicable to
1724
independent special districts.
1725
(d) To borrow money and accept gifts; to apply for and
1726
use grants or loans of money or other property from the United
1727
States, the state, a unit of local government, or any person for
1728
any district purposes and enter into agreements required in
1729
connection therewith; and to hold, use, and dispose of such
1730
moneys or property for any district purposes in accordance with
1731
the terms of the gift, grant, loan, or agreement relating
1732
thereto.
1733
(e) To adopt and enforce rules and orders pursuant to
1734
chapter 120, Florida Statutes, prescribing the powers, duties,
1735
and functions of the officers of the district; the conduct of
1736
the business of the district; the maintenance of the records of
1737
the district; and the form of certificates evidencing tax liens
1738
of the district and all other documents and records of the
1739
district. The board may also adopt and enforce administrative
1740
rules with respect to any of the projects of the district and
1741
define the area to be included therein. The board may also adopt
1742
resolutions which may be necessary for the conduct of district
1743
business.
1744
(f) To maintain an office at such place or places as the
1745
board of supervisors designates in Hillsborough County and
1746
within the district when facilities are available.
1747
(g) To hold, control, and acquire by donation, purchase,
1748
or condemnation, or dispose of, any public easements,
1749
dedications to public use, platted reservations for public
1750
purposes, or any reservations for those purposes authorized by
1751
this act and to make use of such easements, dedications, or
1752
reservations for the purposes authorized by this act.
1753
(h) To lease as lessor or lessee to or from any person,
1754
firm, corporation, association, or body, public or private, any
1755
projects of the type that the district is authorized to
1756
undertake and facilities or property of any nature for the use
1757
of the district to carry out the purposes authorized by this
1758
act.
1759
(i) To borrow money and issue bonds, certificates,
1760
warrants, notes, or other evidence of indebtedness as provided
1761
herein; to levy such taxes and assessments as may be authorized;
1762
and to charge, collect, and enforce fees and other user charges.
1763
(j) To raise, by user charges or fees authorized by
1764
resolution of the board, amounts of money which are necessary
1765
for the conduct of district activities and services and to
1766
enforce their receipt and collection in the manner prescribed by
1767
resolution not inconsistent with general law.
1768
(k) To exercise all powers of eminent domain now or
1769
hereafter conferred on counties in this state; provided,
1770
however, that such power of eminent domain may not be exercised
1771
outside the territorial limits of the district unless the
1772
district receives prior approval by vote of a resolution of the
1773
governing body of the county if the taking will occur in an
1774
unincorporated area in that county, or the governing body of the
1775
city if the taking will occur in an incorporated area. The
1776
district does not have the power to exercise eminent domain over
1777
municipal, county, state, or federal property. The powers
1778
hereinabove granted to the district shall be so construed to
1779
enable the district to fulfill the objects and purposes of the
1780
district as set forth in this act.
1781
(l) To cooperate with, or contract with, other
1782
governmental agencies as may be necessary, convenient,
1783
incidental, or proper in connection with any of the powers,
1784
duties, or purposes authorized by this act.
1785
(m) To assess and to impose upon lands in the district ad
1786
valorem taxes as provided by this act.
1787
(n) If and when authorized by general law, to determine,
1788
order, levy, impose, collect, and enforce maintenance taxes.
1789
(o) To determine, order, levy, impose, collect, and
1790
enforce assessments pursuant to this act and chapter 170,
1791
Florida Statutes, pursuant to authority granted in s. 197.3631,
1792
Florida Statutes, or pursuant to other provisions of general law
1793
now or hereinafter enacted which provide or authorize a
1794
supplemental means to order, levy, impose, or collect special
1795
assessments. Such special assessments, at the discretion of the
1796
district, may be collected and enforced pursuant to ss. 197.3632
1797
and 197.3635, Florida Statutes, and chapters 170 and 173,
1798
Florida Statutes, as they may be amended from time to time, or
1799
as provided by this act, or by other means authorized by general
1800
law now or hereinafter enacted. The district may levy such
1801
special assessments for the purposes provided in this act and to
1802
pay special assessments imposed by Hillsborough County on lands
1803
within the district.
1804
(p) To exercise such special powers and other express
1805
powers as may be authorized and granted by this act in the
1806
charter of the district, including powers as provided in any
1807
interlocal agreement entered into pursuant to chapter 163,
1808
Florida Statutes, or which shall be required or permitted to be
1809
undertaken by the district pursuant to any development order,
1810
including any detailed specific area plan development order, or
1811
any interlocal service agreement with Hillsborough County for
1812
fair-share capital construction funding for any certain capital
1813
facilities or systems required of a developer pursuant to any
1814
applicable development order or agreement.
1815
(q) To exercise all of the powers necessary, convenient,
1816
incidental, or proper in connection with any other powers or
1817
duties or the special and limited purpose of the district
1818
authorized by this act.
1820
This subsection shall be construed liberally in order to
1821
effectively carry out the special and limited purpose of this
1822
act.
1823
(7) SPECIAL POWERS.—The district shall have, and the
1824
board may exercise, the following special powers to implement
1825
its lawful and special purpose and to provide, pursuant to that
1826
purpose, systems, facilities, services, improvements, projects,
1827
works, and infrastructure, each of which constitutes a lawful
1828
public purpose when exercised pursuant to this charter, subject
1829
to, and not inconsistent with, general law regarding utility
1830
providers' territorial and service agreements; the regulatory
1831
jurisdiction and permitting authority of all other applicable
1832
governmental bodies, agencies, and any special districts having
1833
authority with respect to any area included therein; and to
1834
plan, establish, acquire, construct or reconstruct, enlarge or
1835
extend, equip, operate, finance, fund, and maintain
1836
improvements, systems, facilities, services, works, projects,
1837
and infrastructure within or without the boundaries of the
1838
district. Any or all of the following special powers are granted
1839
by this act in order to implement the special and limited
1840
purpose of the district but do not constitute obligations to
1841
undertake such improvements, systems, facilities, services,
1842
works, projects, or infrastructure:
1843
(a) To provide water management and control for the lands
1844
within the district, including irrigation systems and
1845
facilities, and to connect some or any of such facilities with
1846
roads and bridges. In the event that the board assumes the
1847
responsibility for providing water management and control for
1848
the district which is to be financed by benefit special
1849
assessments, the board shall adopt plans and assessments
1850
pursuant to general law or may proceed to adopt water management
1851
and control plans, assess for benefits, and apportion and levy
1852
special assessments as follows:
1853
1. The board shall cause to be made by the district's
1854
engineer, or such other engineer or engineers as the board may
1855
employ for that purpose, complete and comprehensive water
1856
management and control plans for the lands located within the
1857
district that will be improved in any part or in whole by any
1858
system of facilities that may be outlined and adopted, and the
1859
engineer shall make a report in writing to the board with maps
1860
and profiles of said surveys and an estimate of the cost of
1861
carrying out and completing the plans.
1862
2. Upon the completion of such plans, the board shall
1863
hold a hearing thereon to hear objections thereto, shall give
1864
notice of the time and place fixed for such hearing by
1865
publication in a newspaper of general circulation in the general
1866
area of the district once a week for 2 consecutive weeks, and
1867
shall permit the inspection of the plan at the office of the
1868
district by all persons interested. All objections to the plan
1869
shall be filed at or before the time fixed in the notice for the
1870
hearing and shall be in writing.
1871
3. After the hearing, the board shall consider the
1872
proposed plan and any objections thereto and may modify, reject,
1873
or adopt the plan or continue the hearing until a day certain
1874
for further consideration of the proposed plan or modifications
1875
thereof.
1876
4. When the board approves a plan, a resolution shall be
1877
adopted and a certified copy thereof shall be filed in the
1878
office of the secretary and incorporated by him or her into the
1879
records of the district.
1880
5. The water management and control plan may be altered
1881
in detail from time to time until the engineer's report pursuant
1882
to s. 298.301, Florida Statutes, is filed, but not in such
1883
manner as to materially affect the conditions of its adoption.
1884
After the engineer's report has been filed, the plan may not be
1885
altered except as provided by this act.
1886
6. Within 20 days after the final adoption of the plan by
1887
the board, the board shall proceed pursuant to s. 298.301,
1888
Florida Statutes.
1889
(b) To provide water supply, sewer, wastewater, and
1890
reclaimed water management, reclamation, and reuse, or any
1891
combination thereof, and any irrigation systems, facilities, and
1892
services and to construct and operate water systems, sewer
1893
systems, irrigation systems, and reclaimed water systems such as
1894
connecting intercepting or outlet sewers and sewer mains and
1895
pipes and water mains, conduits, or pipelines in, along, and
1896
under any street, alley, highway, or other public place or way,
1897
and to dispose of any water, effluent, residue, or other
1898
byproduct of such water system, sewer system, irrigation system,
1899
or reclaimed water system and to enter into interlocal
1900
agreements and other agreements with public or private entities
1901
for the same.
1902
(c) To provide any necessary bridges, culverts, wildlife
1903
corridors, or road crossings across any drain, ditch, canal,
1904
floodway, holding basin, excavation, public highway, tract,
1905
grade, fill, or cut and roadways over levees and embankments,
1906
and to construct any and all of such works and improvements
1907
across, through, or over any public right-of way, highway,
1908
grade, fill, or cut.
1909
(d) To provide district roads or other roads equal to or
1910
exceeding the specifications of the county in which such
1911
district roads or other roads are located, and to provide street
1912
lighting. This special power includes, but is not limited to,
1913
roads, parkways, intersections, bridges, landscaping,
1914
hardscaping, irrigation, bicycle lanes, sidewalks, jogging
1915
paths, multiuse pathways and trails, street lighting, traffic
1916
signals, regulatory or informational signage, road striping,
1917
underground conduit, underground cable or fiber or wire
1918
installed pursuant to an agreement with or tariff of a retail
1919
provider of services, and all other customary elements of a
1920
functioning modern road system in general or as tied to the
1921
conditions of development approval for the area within and
1922
without the district, and parking facilities that are
1923
freestanding or that may be related to any innovative strategic
1924
intermodal system of transportation pursuant to applicable
1925
federal, state, and local laws and ordinances.
1926
(e) To provide buses, trolleys, rail access, mass transit
1927
facilities, transit shelters, ridesharing facilities and
1928
services, parking improvements, and related signage.
1929
(f) To provide investigation and remediation costs
1930
associated with the cleanup of actual or perceived environmental
1931
contamination within the district under the supervision or
1932
direction of a competent governmental authority unless the
1933
covered costs benefit any person who is a landowner within the
1934
district and who caused or contributed to the contamination.
1935
(g) To provide observation, mitigation, wetland creation,
1936
and wildlife habitat areas, including the maintenance of any
1937
plant or animal species, and any related interest in real or
1938
personal property.
1939
(h) Using its general and special powers as set forth in
1940
this act, to provide any other project within or without the
1941
boundaries of the district when the project is the subject of an
1942
agreement between the district and the Board of County
1943
Commissioners of Hillsborough County or with any other
1944
applicable public, governmental, or private entity and is not
1945
inconsistent with the effective local comprehensive plans.
1946
(i) To provide parks and facilities for indoor and
1947
outdoor recreational, cultural, and educational uses.
1948
(j) To provide school buildings and related structures,
1949
which may be leased, sold, or donated to the school district,
1950
for use in the educational system when authorized by the
1951
district school board.
1952
(k) To provide security, including electronic intrusion-
1953
detection systems and patrol cars, when authorized by proper
1954
governmental agencies, and to contract with the appropriate
1955
local general-purpose government agencies for an increased level
1956
of such services within the district boundaries.
1957
(l) To provide control and elimination of mosquitoes and
1958
other arthropods of public health importance.
1959
(m) To enter into impact fee, mobility fee, or other
1960
similar credit agreements with Hillsborough County or other
1961
governmental bodies or a landowner developer and to sell or
1962
assign such credits on such terms as the district deems
1963
appropriate.
1964
(n) To provide buildings and structures for district
1965
offices, maintenance facilities, meeting facilities, town
1966
centers, or any other projects authorized or granted by this
1967
act.
1968
(o) To establish and create, at noticed meetings, such
1969
departments of the board of supervisors of the district, as well
1970
as committees, task forces, boards, or commissions, or other
1971
agencies under the supervision and control of the district, as
1972
from time to time the members of the board may deem necessary or
1973
desirable in the performance of the acts or other things
1974
necessary to exercise the board's general or special powers to
1975
implement an innovative project to carry out the special and
1976
limited purpose of the district as provided in this act and to
1977
delegate the exercise of its powers to such departments, boards,
1978
task forces, committees, or other agencies, and such
1979
administrative duties and other powers as the board may deem
1980
necessary or desirable, but only if there is a set of expressed
1981
limitations for accountability, notice, and periodic written
1982
reporting to the board that shall retain the powers of the
1983
board.
1984
(p) To adopt rules necessary for the district to enforce
1985
certain deed restrictions pertaining to the use and operation of
1986
real property within the district. For the purpose of this
1987
paragraph, the term "deed restrictions" means those covenants,
1988
conditions, restrictions, compliance mechanisms, and enforcement
1989
remedies contained in any applicable declarations of covenants
1990
and restrictions that govern the use and operation of real
1991
property and for which covenants, conditions, and restrictions
1992
there is no homeowners' association or property owner's
1993
association having respective enforcement powers unless, with
1994
respect to a homeowners' association whose board is under member
1995
control, the association and the district agree in writing to
1996
enforcement by the district. The district may adopt by rule all
1997
or certain portions of the deed restrictions that:
1998
1. Relate to limitations, prohibitions, compliance
1999
mechanisms, or enforcement remedies that apply only to external
2000
appearances or uses and are deemed by the district to be
2001
generally beneficial for the district's landowners and for which
2002
enforcement by the district is appropriate, as determined by the
2003
district's board of supervisors; or
2004
2. Are consistent with the requirements of a development
2005
order or regulatory agency permit.
2006
(q) To provide electrical, sustainable, or green
2007
infrastructure improvements, facilities, and services,
2008
including, but not limited to, recycling of natural resources,
2009
reduction of energy demands, development and generation of
2010
alternative or renewable energy sources and technologies,
2011
mitigation of urban heat islands, sequestration, capping or
2012
trading of carbon emissions or carbon emissions credits, LEED or
2013
Florida Green Building Coalition certification, and development
2014
of facilities and improvements for low-impact development; to
2015
enter into joint ventures, public-private partnerships, and
2016
other agreements; and to grant such easements as may be
2017
necessary to accomplish the foregoing. Nothing herein shall
2018
authorize the district to provide electric service to retail
2019
customers or otherwise act to impair electric utility franchise
2020
agreements.
2021
(r) To provide for any facilities or improvements that
2022
may otherwise be provided for by any county or municipality,
2023
including, but not limited to, libraries, annexes, substations,
2024
and other buildings to house public officials, staff, and
2025
employees.
2026
(s) To provide waste collection and disposal.
2027
(t) To provide for the construction and operation of
2028
communications systems and related infrastructure for the
2029
carriage and distribution of communications services; to enter
2030
into joint ventures, public-private partnerships, and other
2031
agreements; and to grant such easements as may be necessary to
2032
accomplish the foregoing. For purposes of this paragraph, the
2033
term "communications systems" means all facilities, buildings,
2034
equipment, items, and methods necessary or desirable in order to
2035
provide communications services, including, without limitation,
2036
wires, cables, conduits, wireless cell sites, computers, modems,
2037
satellite antennae sites, transmission facilities, network
2038
facilities, and appurtenant devices necessary and appropriate to
2039
support the provision of communications services. The term
2040
"communications services" includes, without limitation,
2041
Internet, voice telephone, or similar services provided by
2042
voice-over-Internet protocol, cable television, data
2043
transmission services, electronic security monitoring services,
2044
and multi-channel video programming distribution services.
2045
Nothing herein shall authorize the district to provide
2046
communications services to retail customers or otherwise act to
2047
impair existing service provider franchise agreements. However,
2048
the district may contract with such providers for resale
2049
purposes.
2050
(u) To provide health care facilities and to enter into
2051
public-private partnerships and agreements as may be necessary
2052
to accomplish the foregoing.
2053
(v) To coordinate, work with, and, as the board deems
2054
appropriate, enter into interlocal agreements with any public or
2055
private entity for the provision of an institution or
2056
institutions of higher education.
2057
(w) To coordinate, work with, and, as the board deems
2058
appropriate, enter into public-private partnerships and
2059
agreements as may be necessary or useful to effectuate the
2060
purposes of this act.
2062
The special powers provided in this act may not be deemed
2063
exclusive or restrictive but shall be deemed to incorporate all
2064
powers express or implied necessary or incident to carrying out
2065
such special powers, including the general powers provided by
2066
this act to the district to implement its purposes. This
2067
subsection shall be construed liberally in order to effectively
2068
carry out the special and limited purpose of the district under
2069
this act.
2070
(8) ISSUANCE OF BOND ANTICIPATION NOTES.—In addition to
2071
the other powers provided for in this act, and not in limitation
2072
thereof, the district shall have the power, at any time and from
2073
time to time after the issuance of any bonds of the district are
2074
authorized, to borrow money for the purposes for which such
2075
bonds are to be issued in anticipation of the receipt of the
2076
proceeds of the sale of such bonds and to issue bond
2077
anticipation notes in a principal sum not in excess of the
2078
authorized maximum amount of such bond issue. Such notes shall
2079
be in such denomination or denominations, bear interest at such
2080
rate, not to exceed the maximum rate allowed by general law,
2081
mature at such time or times not later than 5 years after the
2082
date of issuance, and be in such form and executed in such
2083
manner as the board shall prescribe. Such notes may be sold at
2084
either public or private sale or, if such notes shall be renewal
2085
notes, may be exchanged for notes then outstanding on such terms
2086
as the board shall determine. Such notes shall be paid from the
2087
proceeds of such bonds when issued. The board may, in its
2088
discretion, in lieu of retiring the notes by means of bonds,
2089
retire them by means of current revenues or from any taxes or
2090
assessments levied for the payment of such bonds, but, in such
2091
event, a like amount of the bonds authorized may not be issued.
2092
(9) BORROWING.—The district at any time may obtain loans,
2093
in such amount and on such terms and conditions as the board may
2094
approve, for the purpose of paying any of the expenses of the
2095
district or any costs incurred or that may be incurred in
2096
connection with any of the projects of the district, which loans
2097
shall bear such interest as the board determines, not to exceed
2098
the maximum rate allowed by general law, and may be payable from
2099
and secured by a pledge of such funds, revenues, taxes, and
2100
assessments as the board may determine; provided, however, that
2101
the provisions contained in any proceeding under which bonds
2102
were theretofore issued and are then outstanding. For the
2103
purpose of defraying such costs and expenses, the district may
2104
issue negotiable notes, warrants, or other evidences of debt to
2105
be payable at such time or times and to bear such interest as
2106
the board may determine, not to exceed the maximum rate allowed
2107
by general law, and to be sold or discounted at such price or
2108
prices not less than 95 percent of par value and on such terms
2109
as the board may deem advisable. The board shall have the right
2110
to provide for the payment thereof by pledging the whole or any
2111
part of the funds, revenues, taxes, and assessments of the
2112
district or by covenanting to budget and appropriate from such
2113
funds. The approval of the electors residing in the district is
2114
only necessary when required by the State Constitution.
2115
(10) BONDS.—
2116
(a) Sale of bonds.—Bonds may be sold in blocks or
2117
installments at different times, or an entire issue or series
2118
may be sold at one time. Bonds may be sold at public or private
2119
sale after such advertisement, if any, as the board may deem
2120
advisable, but not in any event at less than 90 percent of the
2121
par value thereof, together with accrued interest thereon. Bonds
2122
may be sold or exchanged for refunding bonds. Special assessment
2123
and revenue bonds may be delivered by the district as payment of
2124
the purchase price of any project or part thereof, or a
2125
combination of projects or parts thereof, or as the purchase
2126
price or exchange for any property, real, personal, or mixed,
2127
including franchises or services rendered by any contractor,
2128
engineer, or other person, all at one time or in blocks from
2129
time to time, in such manner and upon such terms as the board at
2130
its discretion shall determine. The price or prices for any
2131
bonds sold, exchanged, or delivered may be:
2132
1. The money paid for the bonds.
2133
2. The principal amount, plus accrued interest to the
2134
date of redemption or exchange, or outstanding obligations
2135
exchanged for refunding bonds.
2136
3. In the case of special assessment or revenue bonds,
2137
the amount of any indebtedness to contractors or other persons
2138
paid with such bonds, or the fair value of any properties
2139
exchanged for the bonds, as determined by the board.
2140
(b) Authorization and form of bonds.—Any general
2141
obligation bonds, special assessment bonds, or revenue bonds may
2142
be authorized by resolution or resolutions of the board which
2143
shall be adopted by a majority of all the members thereof then
2144
in office. Such resolution or resolutions may be adopted at the
2145
same meeting at which they are introduced and need not be
2146
published or posted. The board may, by resolution, authorize the
2147
issuance of bonds and fix the aggregate amount of bonds to be
2148
issued; the purpose or purposes for which the moneys derived
2149
therefrom shall be expended, including, but not limited to,
2150
payment of costs as defined in section 2; the rate or rates of
2151
interest, not to exceed the maximum rate allowed by general law;
2152
the denomination of the bonds; whether the bonds are to be
2153
issued in one or multiple series; the date or dates of maturity,
2154
which may not exceed 40 years after their respective dates of
2155
issuance; the medium of payment; the place or places within or
2156
without the state at which payment shall be made; registration
2157
privileges; redemption terms and privileges, whether with or
2158
without premium; the manner of execution; the form of the bonds,
2159
including any interest coupons to be attached thereto; the
2160
manner of execution of bonds and coupons; and any and all other
2161
terms, covenants, and conditions thereof and the establishment
2162
of revenue or other funds. Such authorizing resolution or
2163
resolutions may further provide for the contracts authorized by
2164
s. 159.825(1)(f) and (g), Florida Statutes, regardless of the
2165
tax treatment of such bonds being authorized, subject to the
2166
finding by the board of a net saving to the district resulting
2167
by reason thereof. Such authorizing resolution may further
2168
provide that such bonds may be executed in accordance with the
2169
Registered Public Obligations Act, except that bonds not issued
2170
in registered form shall be valid if manually countersigned by
2171
an officer designated by appropriate resolution of the board.
2172
The seal of the district may be affixed, lithographed, engraved,
2173
or otherwise reproduced in facsimile on such bonds. In case any
2174
officer whose signature shall appear on any bonds or coupons
2175
shall cease to be such officer before the delivery of such
2176
bonds, such signature or facsimile shall nevertheless be valid
2177
and sufficient for all purposes as if he or she had remained in
2178
office until such delivery.
2179
(c) Interim certificates; replacement certificates.—
2180
Pending the preparation of definitive bonds, the board may issue
2181
interim certificates or receipts or temporary bonds, in such
2182
form and with such provisions as the board may determine,
2183
exchangeable for definitive bonds when such bonds have been
2184
executed and are available for delivery. The board may also
2185
provide for the replacement of any bonds which become mutilated,
2186
lost, or destroyed.
2187
(d) Negotiability of bonds.—Any bond issued under this
2188
act or any temporary bond, in the absence of an express recital
2189
on the face thereof that it is nonnegotiable, shall be fully
2190
negotiable and shall be and constitute a negotiable instrument
2191
within the meaning and for all purposes of the law merchant and
2192
general law.
2193
(e) Defeasance.—The board may make such provision with
2194
respect to the defeasance of the right, title, and interest of
2195
the holders of any of the bonds and obligations of the district
2196
in any revenues, funds, or other properties by which such bonds
2197
are secured as the board deems appropriate and, without
2198
limitation on the foregoing, may provide that when such bonds or
2199
obligations become due and payable or shall have been called for
2200
redemption and the whole amount of the principal and interest
2201
and premium, if any, due and payable upon the bonds or
2202
obligations then outstanding shall be held in trust for such
2203
purpose, and provision shall also be made for paying all other
2204
sums payable in connection with such bonds or other obligations,
2205
and in such event the right, title, and interest of the holders
2206
of the bonds in any revenues, funds, or other properties by
2207
which such bonds are secured shall thereupon cease, terminate,
2208
and become void; and the board may apply any surplus in any
2209
sinking fund established in connection with such bonds or
2210
obligations and all balances remaining in all other funds or
2211
accounts other than moneys held for the redemption or payment of
2212
the bonds or other obligations to any lawful purpose of the
2213
district as the board shall determine.
2214
(f) Issuance of additional bonds.—If the proceeds of any
2215
bonds are less than the cost of completing the project in
2216
connection with which such bonds were issued, the board may
2217
authorize the issuance of additional bonds, upon such terms and
2218
conditions as the board may provide in the resolution
2219
authorizing the issuance thereof, but only in compliance with
2220
the resolution or other proceedings authorizing the issuance of
2221
the original bonds.
2222
(g) Refunding bonds.—The district is authorized to issue
2223
bonds to provide for the retirement or refunding of any bonds or
2224
obligations of the district that at the time of such issuance
2225
are or subsequent thereto become due and payable, or that at the
2226
time of issuance have been called or are, or will be, subject to
2227
call for redemption within 10 years thereafter, or the surrender
2228
of which can be procured from the holders thereof at prices
2229
satisfactory to the board. Refunding bonds may be issued at any
2230
time that in the judgment of the board such issuance will be
2231
advantageous to the district. Approval of the qualified electors
2232
residing in the district is not required for the issuance of
2233
refunding bonds except in cases in which such approval is
2234
required by the State Constitution. The board may by resolution
2235
confer upon the holders of such refunding bonds all rights,
2236
powers, and remedies to which the holders would be entitled if
2237
they continued to be the owners and had possession of the bonds
2238
for the refinancing of which such refunding bonds are issued,
2239
including, but not limited to, the preservation of the lien of
2240
such bonds on the revenues of any project or on pledged funds,
2241
without extinguishment, impairment, or diminution thereof. The
2242
provisions of this act relating to bonds of the district shall,
2243
unless the context otherwise requires, govern the issuance of
2244
refunding bonds, the form and other details thereof, the rights
2245
of the holders thereof, and the duties of the board with respect
2246
to such bonds.
2247
(h) Revenue bonds.—
2248
1. The district shall have the power to issue revenue
2249
bonds from time to time without limitation as to amount. Such
2250
revenue bonds may be secured by, or payable from, the gross or
2251
net pledge of the revenues to be derived from any project or
2252
combination of projects; from the rates, fees, or other charges
2253
to be collected from the users of any project or projects; from
2254
any revenue-producing undertaking or activity of the district;
2255
from special assessments; from benefit special assessments; or
2256
from any other source or pledged security. Such bonds do not
2257
constitute an indebtedness of the district and the approval of
2258
the qualified electors is not required unless such bonds are
2259
additionally secured by the full faith and credit and taxing
2260
power of the district.
2261
2. Any two or more projects may be combined and
2262
consolidated into a single project and may hereafter be operated
2263
and maintained as a single project. The revenue bonds authorized
2264
herein may be issued to finance any one or more of such
2265
projects, regardless of whether such projects have been combined
2266
and consolidated into a single project. If the board deems it
2267
advisable, the proceedings authorizing such revenue bonds may
2268
provide that the district may thereafter combine the projects
2269
then being financed or theretofore financed with other projects
2270
to be subsequently financed by the district and that revenue
2271
bonds to be thereafter issued by the district shall be on parity
2272
with the revenue bonds then being issued, all on such terms,
2273
conditions, and limitations as shall have been provided in the
2274
proceeding which authorized the original bonds.
2275
(i) General obligation bonds.—
2276
1. Subject to the limitations of this charter, the
2277
district shall have the power to issue general obligation bonds
2278
to finance or refinance capital projects or to refund
2279
outstanding bonds in an aggregate principal amount of bonds
2280
outstanding at any one time not in excess of 75 percent of the
2281
assessed value of the taxable property within the district as
2282
shown on the pertinent tax records at the time of the
2283
authorization of the general obligation bonds for which the full
2284
faith and credit of the district is pledged. Except for
2285
refunding bonds, general obligation bonds may not be issued
2286
unless the bonds are issued to finance or refinance a capital
2287
project and the issuance has been approved at an election held
2288
in accordance with the requirements for such election as
2289
prescribed by the State Constitution. Such elections shall be
2290
called to be held in the district by the Board of County
2291
Commissioners of Hillsborough County upon the request of the
2292
board of the district. The expenses of calling and holding an
2293
election shall be at the expense of the district, and the
2294
district shall reimburse the county for any expenses incurred in
2295
calling or holding such election.
2296
2. The district may pledge its full faith and credit for
2297
the payment of the principal and interest on such general
2298
obligation bonds and for any reserve funds provided therefor and
2299
may unconditionally and irrevocably pledge itself to levy ad
2300
valorem taxes on all taxable property in the district, to the
2301
extent necessary for the payment thereof, without limitation as
2302
to rate or amount.
2303
3. If the board determines to issue general obligation
2304
bonds for more than one capital project, the approval of the
2305
issuance of the bonds for each and all such projects may be
2306
submitted to the electors on one ballot. The failure of the
2307
electors to approve the issuance of bonds for any one or more
2308
capital projects does not defeat the approval of bonds for any
2309
capital project which has been approved by the electors.
2310
4. In arriving at the amount of general obligation bonds
2311
permitted to be outstanding at any one time pursuant to
2312
subparagraph 1., there may not be included any general
2313
obligation bonds that are additionally secured by the pledge of:
2314
a. Any assessments levied in an amount sufficient to pay
2315
the principal and interest on the general obligation bonds so
2316
additionally secured, which assessments have been equalized and
2317
confirmed by resolution of the board pursuant to this act or s.
2318
170.08, Florida Statutes.
2319
b. Water revenues, sewer revenues, or water and sewer
2320
revenues of the district to be derived from user fees in an
2321
amount sufficient to pay the principal and interest on the
2322
general obligation bonds so additionally secured.
2323
c. Any combination of assessments and revenues described
2324
in sub-subparagraphs a. and b.
2325
(j) Bonds as legal investment or security.—
2326
1. Notwithstanding any other provision of law to the
2327
contrary, all bonds issued under this act shall constitute legal
2328
investments for savings banks, banks, trust companies, insurance
2329
companies, executors, administrators, trustees, guardians, and
2330
other fiduciaries and for any board, body, agency,
2331
instrumentality, county, municipality, or other political
2332
subdivision of the state and shall be and constitute security
2333
which may be deposited by banks or trust companies as security
2334
for deposits of state, county, municipal, or other public funds
2335
or by insurance companies as required or voluntary statutory
2336
deposits.
2337
2. Any bonds issued by the district shall be
2338
incontestable in the hands of bona fide purchasers or holders
2339
for value and are not invalid because of any irregularity or
2340
defect in the proceedings for the issue and sale thereof.
2341
(k) Covenants.—Any resolution authorizing the issuance of
2342
bonds may contain such covenants as the board may deem
2343
advisable, and all such covenants shall constitute valid and
2344
legally binding and enforceable contracts between the district
2345
and the bondholders, regardless of the time of issuance thereof.
2346
Such covenants may include, without limitation, covenants
2347
concerning the disposition of the bond proceeds; the use and
2348
disposition of project revenues; the pledging of revenues,
2349
taxes, and assessments; the obligations of the district with
2350
respect to the operation of the project and the maintenance of
2351
adequate project revenues; the issuance of additional bonds; the
2352
appointment, powers, and duties of trustees and receivers; the
2353
acquisition of outstanding bonds and obligations; restrictions
2354
on the establishment of competing projects or facilities;
2355
restrictions on the sale or disposal of the assets and property
2356
of the district; the priority of assessment liens; the priority
2357
of claims by bondholders on the taxing power of the district;
2358
the maintenance of deposits to ensure the payment of revenues by
2359
users of district facilities and services; the discontinuance of
2360
district services by reason of delinquent payments; acceleration
2361
upon default; the execution of necessary instruments; the
2362
procedure for amending or abrogating covenants with the
2363
bondholders; and such other covenants as may be deemed necessary
2364
or desirable for the security of the bondholders.
2365
(l) Validation proceedings.—The power of the district to
2366
issue bonds under this act may be determined, and any of the
2367
bonds of the district maturing over a period of more than 5
2368
years shall be validated and confirmed, by court decree, under
2369
chapter 75, Florida Statutes, and laws amendatory thereof or
2370
supplementary thereto.
2371
(m) Tax exemption.—To the extent allowed by general law,
2372
all bonds issued hereunder and interest paid thereon and all
2373
fees, charges, and other revenues derived by the district from
2374
the projects provided by this act are exempt from all taxes by
2375
the state or by any political subdivision, agency, or
2376
instrumentality thereof; however, any interest, income, or
2377
profits on debt obligations issued hereunder are not exempt from
2378
the tax imposed by chapter 220, Florida Statutes. Further, the
2379
district is not exempt from chapter 212, Florida Statutes.
2380
(n) Application of s. 189.051, Florida Statutes.—Bonds
2381
issued by the district shall meet the criteria set forth in s.
2382
189.051, Florida Statutes.
2383
(o) Act furnishes full authority for issuance of bonds.—
2384
This act constitutes full and complete authority for the
2385
issuance of bonds and the exercise of the powers of the district
2386
provided herein. Procedures or proceedings, publications,
2387
notices, consents, approvals, orders, acts, or things by the
2388
board, or by any board, officer, commission, department, agency,
2389
or instrumentality of the district, other than those required by
2390
this act, are not required to perform anything under this act,
2391
except that the issuance or sale of bonds pursuant to this act
2392
shall comply with the general law requirements applicable to the
2393
issuance or sale of bonds by the district. This act does not
2394
authorize the district to utilize bond proceeds to fund the
2395
ongoing operations of the district.
2396
(p) Pledge by the state to the bondholders of the
2397
district.—The state pledges to the holders of any bonds issued
2398
under this act that it will not limit or alter the rights of the
2399
district to own, acquire, construct, reconstruct, improve,
2400
maintain, operate, or furnish the projects or to levy and
2401
collect the taxes, assessments, rentals, rates, fees, and other
2402
charges provided for herein and to fulfill the terms of any
2403
agreement made with the holders of such bonds or other
2404
obligations and that it will not in any way impair the rights or
2405
remedies of such holders.
2406
(q) Default.—A default on the bonds or obligations of the
2407
district does not constitute a debt or obligation of the state
2408
or any general-purpose local government of the state. In the
2409
event of a default or dissolution of the district, a general-
2410
purpose local government is not required to assume the property
2411
of the district, the debts of the district, or the district's
2412
obligations to complete any infrastructure improvements or
2413
provide any services to the district. Section 189.076(2),
2414
Florida Statutes, does not apply to the district.
2415
(11) TRUST AGREEMENTS.—Any issue of bonds shall be
2416
secured by a trust agreement or resolution by and between the
2417
district and a corporate trustee or trustees, which may be any
2418
trust company or bank having the powers of a trust company
2419
within or without the state. The resolution authorizing the
2420
issuance of the bonds or such trust agreement may pledge the
2421
revenues to be received from any projects of the district and
2422
may contain such provisions for protecting and enforcing the
2423
rights and remedies of the bondholders as the board may approve,
2424
including, without limitation, covenants setting forth the
2425
duties of the district in relation to the acquisition,
2426
construction, reconstruction, improvement, maintenance, repair,
2427
operation, and insurance of any projects; the fixing and
2428
revising of the rates, fees, and charges; and the custody,
2429
safeguarding, and application of all moneys and for the
2430
employment of consulting engineers in connection with such
2431
acquisition, construction, reconstruction, improvement,
2432
maintenance, repair, operation, or insurance. It shall be lawful
2433
for any bank or trust company within or without the state which
2434
may act as a depository of the proceeds of bonds or of revenues
2435
to furnish such indemnifying bonds or to pledge such securities
2436
as may be required by the district. Such resolution or trust
2437
agreement may set forth the rights and remedies of the
2438
bondholders and of the trustee, if any, and may restrict the
2439
individual right of action by bondholders. The board may provide
2440
for the payment of proceeds of the sale of the bonds and the
2441
revenues of any project to such officer, board, or depository as
2442
it may designate for the custody thereof and may provide for the
2443
method of disbursement thereof with such safeguards and
2444
restrictions as it may determine. All expenses incurred in
2445
carrying out such resolution or trust agreement may be treated
2446
as part of the cost of operation of the project to which such
2447
trust agreement pertains.
2448
(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
2449
ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
2450
ASSESSMENTS; MAINTENANCE TAXES.—
2451
(a) Ad valorem taxes.—At such time as all members of the
2452
board are qualified electors who are elected by qualified
2453
electors of the district, the board shall have the power to levy
2454
and assess an ad valorem tax on all the taxable property in the
2455
district to construct, operate, and maintain assessable
2456
improvements; to pay the principal of, and interest on, any
2457
general obligation bonds of the district; and to provide for any
2458
sinking or other funds established in connection with any such
2459
bonds. An ad valorem tax levied by the board for operating
2460
purposes, exclusive of debt service on bonds, may not exceed 3
2461
mills. The ad valorem tax provided for herein shall be in
2462
addition to county and all other ad valorem taxes provided for
2463
by general law. Such tax shall be assessed, levied, and
2464
collected in the same manner and at the same time as county
2465
taxes. The levy of ad valorem taxes must be approved by
2466
referendum as required by Section 9, Article VII of the State
2467
Constitution and held at a general election.
2468
(b) Benefit special assessments.—The board annually shall
2469
determine, order, and levy the annual installment of the total
2470
benefit special assessments for bonds issued and related
2471
expenses to finance assessable improvements. These assessments
2472
may be due and collected during each year county taxes are due
2473
and collected, in which case such annual installment and levy
2474
shall be evidenced to and certified to the property appraiser by
2475
the board not later than August 31 of each year. Such assessment
2476
shall be entered by the property appraiser on the county tax
2477
rolls and shall be collected and enforced by the tax collector
2478
in the same manner and at the same time as county taxes, and the
2479
proceeds thereof shall be paid to the district. However, this
2480
subsection does not prohibit the district in its discretion from
2481
using the method provided in s. 197.3632, Florida Statutes, or
2482
chapter 173, Florida Statutes, as each may be amended from time
2483
to time, for collecting and enforcing these assessments. Each
2484
annual installment of benefit special assessments shall be a
2485
lien on the property against which assessed until paid and shall
2486
be enforceable in like manner as county taxes. The amount of the
2487
assessment for the exercise of the district's powers under
2488
subsections (6) and (7) shall be determined by the board based
2489
upon a report of the district's engineer and assessed by the
2490
board upon such lands, which may be part or all of the lands
2491
within the district benefited by the improvement, apportioned
2492
between benefited lands in proportion to the benefits received
2493
by each tract of land. The board may, if it determines it is in
2494
the best interests of the district, set forth in the proceedings
2495
initially levying such benefit special assessments or in
2496
subsequent proceedings a formula for the determination of an
2497
amount which, when paid by a taxpayer with respect to any tax
2498
parcel, shall constitute a prepayment of all future annual
2499
installments of such benefit special assessments. The payment of
2500
such amount with respect to such tax parcel shall relieve and
2501
discharge such tax parcel of the lien of such benefit special
2502
assessments and any subsequent annual installment thereof. The
2503
board may provide further that upon delinquency in the payment
2504
of any annual installment of benefit special assessments, such
2505
prepayment amount of all future annual installments of benefit
2506
special assessments shall be and become immediately due and
2507
payable together with such delinquent annual installment.
2508
(c) Non-ad valorem maintenance taxes.—If and when
2509
authorized by general law, to maintain and to preserve the
2510
physical facilities and services constituting the works,
2511
improvements, or infrastructure owned by the district pursuant
2512
to this act, to repair and restore any one or more of them, when
2513
needed, and to defray the current expenses of the district,
2514
including any sum which may be required to pay state and county
2515
ad valorem taxes on any lands which may have been purchased and
2516
which are held by the district under this act, the board of
2517
supervisors may, upon the completion of said systems,
2518
facilities, services, works, improvements, or infrastructure, in
2519
whole or in part, as may be certified to the board by the
2520
engineer of the board, levy annually a non-ad valorem and
2521
nonmillage tax upon each tract or parcel of land within the
2522
district, to be known as a "maintenance tax." A maintenance tax
2523
shall be apportioned upon the basis of the net assessments of
2524
benefits assessed as accruing from the original construction and
2525
shall be evidenced to and certified by the board of supervisors
2526
of the district not later than June 1 of each year to the
2527
Hillsborough County tax collector and shall be extended on the
2528
tax rolls and collected by the tax collector on the merged
2529
collection roll of the tax collector in the same manner and at
2530
the same time as county ad valorem taxes, and the proceeds
2531
therefrom shall be paid to the district. The maintenance tax
2532
shall be a lien until paid on the property against which
2533
assessed and enforceable in like manner and of the same dignity
2534
as county ad valorem taxes.
2535
(d) Maintenance special assessments.—To maintain and
2536
preserve the facilities and projects of the district, the board
2537
may levy a maintenance special assessment. This assessment may
2538
be evidenced to and certified to the tax collector by the board
2539
of supervisors not later than August 31 of each year and shall
2540
be entered by the property appraiser on the county tax rolls and
2541
shall be collected and enforced by the tax collector in the same
2542
manner and at the same time as county taxes, and the proceeds
2543
therefrom shall be paid to the district. However, this
2544
subsection does not prohibit the district in its discretion from
2545
using the method prescribed in s. 197.363, s. 197.3631, or s.
2546
197.3632, Florida Statutes, for collecting and enforcing these
2547
assessments. These maintenance special assessments shall be a
2548
lien on the property against which assessed until paid and shall
2549
be enforceable in like manner as county taxes. The amount of the
2550
maintenance special assessment for the exercise of the
2551
district's powers under this section shall be determined by the
2552
board based upon a report of the district's engineer and
2553
assessed by the board upon such lands, which may be all of the
2554
lands within the district benefited by the maintenance thereof,
2555
apportioned between the benefited lands in proportion to the
2556
benefits received by each tract of land.
2557
(e) Special assessments.—The board may levy and impose
2558
any special assessments pursuant to this subsection.
2559
(f) Enforcement of taxes.—The collection and enforcement
2560
of all taxes levied by the district shall be at the same time
2561
and in like manner as county taxes and the provisions of general
2562
law relating to the sale of lands for unpaid and delinquent
2563
county taxes; the issuance, sale, and delivery of tax
2564
certificates for such unpaid and delinquent county taxes; the
2565
redemption thereof; the issuance to individuals of tax deeds
2566
based thereon; and all other procedures in connection therewith
2567
shall be applicable to the district to the same extent as if
2568
such statutory provisions were expressly set forth in this act.
2569
All taxes shall be subject to the same discounts as county
2570
taxes.
2571
(g) When unpaid tax is delinquent; penalty.—All taxes
2572
provided for in this act shall become delinquent and bear
2573
penalties on the amount of such taxes in the same manner as
2574
county taxes.
2575
(h) Status of assessments.—Benefit special assessments,
2576
maintenance special assessments, and special assessments are
2577
hereby found and determined to be non-ad valorem assessments as
2578
defined in s. 197.3632(1), Florida Statutes. Maintenance taxes
2579
are non-ad valorem taxes and are not special assessments.
2580
(i) Assessments constitute liens; collection.—Any and all
2581
assessments, including special assessments, benefit special
2582
assessments, and maintenance special assessments authorized and
2583
granted by this subsection and maintenance taxes if authorized
2584
by general law, shall constitute a lien on the property against
2585
which assessed from the date of levy and imposition thereof
2586
until paid, coequal with the lien of state, county, municipal,
2587
and school board taxes. These assessments may be collected, at
2588
the district's discretion, under authority of s. 197.3631,
2589
Florida Statutes, as amended from time to time, by the tax
2590
collector pursuant to ss. 197.3632 and 197.3635, Florida
2591
Statutes, as amended from time to time, or in accordance with
2592
other collection measures provided by general law. In addition
2593
to, and not in limitation of, any powers otherwise set forth
2594
herein or in general law, these assessments may also be enforced
2595
pursuant to chapter 173, Florida Statutes, as amended from time
2596
to time.
2597
(j) Land owned by governmental entity.—Except as
2598
otherwise provided by general law, a levy of ad valorem taxes or
2599
non-ad valorem assessments under this act or chapter 170 or
2600
chapter 197, Florida Statutes, or otherwise by the board of the
2601
district on property of a governmental entity that is subject to
2602
a ground lease as described in s. 190.003(14), Florida Statutes,
2603
does not constitute a lien or encumbrance on the underlying fee
2604
interest of such governmental entity.
2605
(13) SPECIAL ASSESSMENTS.—
2606
(a) As an alternative method to the levy and imposition
2607
of special assessments pursuant to chapter 170, Florida
2608
Statutes, pursuant to the authority under s. 197.3631, Florida
2609
Statutes, or pursuant to other provisions of general law, now or
2610
hereafter enacted, which provide a supplemental means or
2611
authority to impose, levy, and collect special assessments as
2612
otherwise authorized under this act, the board may levy and
2613
impose special assessments to finance the exercise of any of its
2614
powers permitted under this act using the following uniform
2615
procedures:
2616
1. At a noticed meeting, the board of supervisors of the
2617
district may consider and review an engineer's report on the
2618
costs of the systems, facilities, and services to be provided; a
2619
preliminary special assessment methodology; and a preliminary
2620
roll based on acreage or platted lands, depending upon whether
2621
platting has occurred.
2622
a. The special assessment methodology shall address and
2623
discuss and the board shall consider whether the systems,
2624
facilities, and services being contemplated will result in
2625
special benefits peculiar to the property, different in kind and
2626
degree than general benefits, as a logical connection between
2627
the systems, facilities, and services themselves and the
2628
property, and whether the duty to pay the special assessments by
2629
the property owners is apportioned in a manner that is fair and
2630
equitable and not in excess of the special benefit received. It
2631
shall be fair and equitable to designate a fixed proportion of
2632
the annual debt service, together with interest thereon, on the
2633
aggregate principal amount of bonds issued to finance such
2634
systems, facilities, and services which give rise to unique,
2635
special, and peculiar benefits to property of the same or
2636
similar characteristics under the special assessment methodology
2637
so long as such fixed proportion does not exceed the unique,
2638
special, and peculiar benefits enjoyed by such property from
2639
such systems, facilities, and services.
2640
b. The engineer's cost report shall identify the nature
2641
of the proposed systems, facilities, and services, their
2642
location, a cost breakdown plus a total estimated cost,
2643
including cost of construction or reconstruction, labor, and
2644
materials, lands, property, rights, easements, franchises, or
2645
systems, facilities, and services to be acquired; cost of plans
2646
and specifications and surveys of estimates of costs and
2647
revenues; costs of engineering, legal, and other professional
2648
consultation services; and other expenses or costs necessary or
2649
incident to determining the feasibility or practicability of
2650
such construction, reconstruction, or acquisition,
2651
administrative expenses, relationship to the authority and power
2652
of the district in its charter, and such other expenses or costs
2653
as may be necessary or incident to the financing to be
2654
authorized by the board of supervisors.
2655
c. The preliminary special assessment roll shall be in
2656
accordance with the assessment methodology as may be adopted by
2657
the board of supervisors; the special assessment roll shall be
2658
completed as promptly as possible and shall show the acreage,
2659
lots, lands, or plats assessed and the amount of the fairly and
2660
reasonably apportioned assessment based on special and peculiar
2661
benefit to the property, lot, parcel, or acreage of land; and,
2662
if the special assessment against such lot, parcel, acreage, or
2663
portion of land is to be paid in installments, the number of
2664
annual installments in which the special assessment is divided
2665
shall be entered into and shown upon the special assessment
2666
roll.
2667
2. The board of supervisors of the district may determine
2668
and declare by an initial special assessment resolution to levy
2669
and assess the special assessments with respect to assessable
2670
improvements stating the nature of the systems, facilities, and
2671
services, improvements, projects, or infrastructure constituting
2672
such assessable improvements, the information in the engineer's
2673
cost report, the information in the special assessment
2674
methodology as determined by the board at the noticed meeting
2675
and referencing and incorporating as part of the resolution the
2676
engineer's cost report, the preliminary special assessment
2677
methodology, and the preliminary special assessment roll as
2678
referenced exhibits to the resolution by reference. If the board
2679
determines to declare and levy the special assessments by the
2680
initial special assessment resolution, the board shall also
2681
adopt and declare a notice resolution which shall provide and
2682
cause the initial special assessment resolution to be published
2683
in a newspaper of general circulation in Hillsborough County
2684
once a week for 2 consecutive weeks, and said board shall by the
2685
same resolution fix a time and place at which the owner or
2686
owners of the property to be assessed or any other persons
2687
interested therein may appear before said board and be heard as
2688
to the propriety and advisability of making such improvements,
2689
as to the costs thereof, as to the manner of payment therefor,
2690
and as to the amount thereof to be assessed against each
2691
property so improved. Thirty days' notice in writing of such
2692
time and place shall be given to such property owners. The
2693
notice shall include the amount of the special assessment and
2694
shall be served by mailing a copy to each assessed property
2695
owner at his or her last known address, the names and addresses
2696
of such property owners to be obtained from the record of the
2697
property appraiser of the county political subdivision in which
2698
the land is located or from such other sources as the district
2699
manager or engineer deems reliable. Proof of such mailing shall
2700
be made by the affidavit of the manager of the district or by
2701
the engineer, said proof to be filed with the district manager.
2702
Failure to mail said notice or notices does not invalidate any
2703
of the proceedings hereunder. It is provided further that the
2704
last publication shall be at least 1 week before the date of the
2705
hearing on the final special assessment resolution. Said notice
2706
shall describe the general areas to be improved and advise all
2707
persons interested that the description of each property to be
2708
assessed and the amount to be assessed to each piece, parcel,
2709
lot, or acre of property may be ascertained at the office of the
2710
manager of the district. Such service by publication shall be
2711
verified by the affidavit of the publisher and filed with the
2712
manager of the district. Moreover, the initial special
2713
assessment resolution with its attached, referenced, and
2714
incorporated engineer's cost report, preliminary special
2715
assessment methodology, and preliminary special assessment roll,
2716
along with the notice resolution, shall be available for public
2717
inspection at the office of the manager and the office of the
2718
engineer or any other office designated by the board of
2719
supervisors in the notice resolution. Notwithstanding the
2720
foregoing, the landowners of all of the property which is
2721
proposed to be assessed may give the district written notice of
2722
waiver of any notice and publication provided for in this
2723
subparagraph. However, such notice and publication is not
2724
required, provided that any meeting of the board of supervisors
2725
to consider such resolution is a publicly noticed meeting.
2726
3. At the time and place named in the noticed resolution
2727
as provided for in subparagraph 2., the board of supervisors of
2728
the district shall meet and hear testimony from affected
2729
property owners as to the propriety and advisability of making
2730
the systems, facilities, services, projects, works,
2731
improvements, or infrastructure and funding them with
2732
assessments referenced in the initial special assessment
2733
resolution on the property. Following the testimony and
2734
questions from the members of the board or any professional
2735
advisors to the district of the preparers of the engineer's cost
2736
report, the special assessment methodology, and the special
2737
assessment roll, the board of supervisors shall make a final
2738
decision on whether to levy and assess the particular special
2739
assessments. Thereafter, the board of supervisors shall meet as
2740
an equalizing board to hear and to consider any and all
2741
complaints as to the particular special assessments and shall
2742
adjust and equalize the special assessments to ensure proper
2743
assessment based on the benefit conferred on the property.
2744
4. When so equalized and approved by resolution or
2745
ordinance by the board of supervisors, to be called the final
2746
special assessment resolution, a final special assessment roll
2747
shall be filed with the clerk of the board, and such special
2748
assessment shall stand confirmed and remain legal, valid, and
2749
binding first liens on the property against which such special
2750
assessments are made until paid, equal in dignity to the first
2751
liens of ad valorem taxation of county and municipal governments
2752
and school boards. However, upon completion of the systems,
2753
facilities, services, projects, improvements, works, or
2754
infrastructure, the district shall credit to each of the
2755
assessments the difference in the special assessment as
2756
originally made, approved, levied, assessed, and confirmed and
2757
the proportionate part of the actual cost of the improvement to
2758
be paid by the particular special assessments as finally
2759
determined upon the completion of the improvement; but in no
2760
event shall the final special assessment exceed the amount of
2761
the special and peculiar benefits as apportioned fairly and
2762
reasonably to the property from the system, facility, or service
2763
being provided as originally assessed. Promptly after such
2764
confirmation, the special assessment shall be recorded by the
2765
clerk of the district in the minutes of the proceedings of the
2766
district, and the record of the lien in this set of minutes
2767
shall constitute prima facie evidence of its validity. The board
2768
of supervisors, in its sole discretion, may, by resolution,
2769
grant a discount equal to all or a part of the payee's
2770
proportionate share of the cost of the project consisting of
2771
bond financing cost, such as capitalized interest, funded
2772
reserves, and bond discounts included in the estimated cost of
2773
the project, upon payment in full of any special assessments
2774
during such period before the time such financing costs are
2775
incurred as may be specified by the board of supervisors in such
2776
resolution.
2777
5. District special assessments may be made payable in
2778
installments over no more than 40 years after the date of the
2779
payment of the first installment thereof and may bear interest
2780
at fixed or variable rates.
2781
(b) Notwithstanding any provision of this act or chapter
2782
170, Florida Statutes, that portion of s. 170.09, Florida
2783
Statutes, which provides that special assessments may be paid
2784
without interest at any time within 30 days after the
2785
improvement is completed and a resolution accepting the same has
2786
been adopted by the governing authority is not applicable to any
2787
district special assessments, whether imposed, levied, and
2788
collected pursuant to this act or any other provision of general
2789
law, including, but not limited to, chapter 170, Florida
2790
Statutes.
2791
(c) In addition, the district is authorized expressly in
2792
the exercise of its rulemaking power to adopt rules that provide
2793
for notice, levy, imposition, equalization, and collection of
2794
assessments.
2795
(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2796
ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.—
2797
(a) The board may, after any special assessments or
2798
benefit special assessments for assessable improvements are
2799
made, determined, and confirmed as provided in this act, issue
2800
certificates of indebtedness for the amount so assessed against
2801
the abutting property or property otherwise benefited, as the
2802
case may be, and separate certificates shall be issued against
2803
each part or parcel of land or property assessed, which
2804
certificates shall state the general nature of the improvement
2805
for which the assessment is made. The certificates shall be
2806
payable in annual installments in accordance with the
2807
installments of the special assessment for which they are
2808
issued. The board may determine the interest to be borne by such
2809
certificates, not to exceed the maximum rate allowed by general
2810
law, and may sell such certificates at either private or public
2811
sale and determine the form, manner of execution, and other
2812
details of such certificates. The certificates shall recite that
2813
they are payable only from the special assessments levied and
2814
collected from the part or parcel of land or property against
2815
which they are issued. The proceeds of such certificates may be
2816
pledged for the payment of principal of and interest on any
2817
revenue bonds or general obligation bonds issued to finance in
2818
whole or in part such assessable improvement or, if not so
2819
pledged, may be used to pay the cost or part of the cost of such
2820
assessable improvements.
2821
(b) The district may also issue assessment bonds, revenue
2822
bonds, or other obligations payable from a special fund into
2823
which such certificates of indebtedness referred to in paragraph
2824
(a) may be deposited or, if such certificates of indebtedness
2825
have not been issued, may assign to such special fund for the
2826
benefit of the holders of such assessment bonds or other
2827
obligations, or to a trustee for such bondholders, the
2828
assessment liens provided for in this act unless such
2829
certificates of indebtedness or assessment liens have been
2830
theretofore pledged for any bonds or other obligations
2831
authorized hereunder. In the event of the creation of such
2832
special fund and the issuance of such assessment bonds or other
2833
obligations, the proceeds of such certificates of indebtedness
2834
or assessment liens deposited therein shall be used only for the
2835
payment of the assessment bonds or other obligations issued as
2836
provided in this section. The district is authorized to covenant
2837
with the holders of such assessment bonds, revenue bonds, or
2838
other obligations that it will diligently and faithfully enforce
2839
and collect all the special assessments, and interest and
2840
penalties thereon, for which such certificates of indebtedness
2841
or assessment liens have been deposited in or assigned to such
2842
fund; to foreclose such assessment liens so assigned to such
2843
special fund or represented by the certificates of indebtedness
2844
deposited in the special fund, after such assessment liens have
2845
become delinquent, and deposit the proceeds derived from such
2846
foreclosure, including interest and penalties, in such special
2847
fund; and to make any other covenants deemed necessary or
2848
advisable in order to properly secure the holders of such
2849
assessment bonds or other obligations.
2850
(c) The assessment bonds, revenue bonds, or other
2851
obligations issued pursuant to this subsection shall have such
2852
dates of issuance and maturity as deemed advisable by the board;
2853
however, the maturities of such assessment bonds or other
2854
obligations may not be more than 2 years after the due date of
2855
the last installment that will be payable on any of the special
2856
assessments for which such assessment liens, or the certificates
2857
of indebtedness representing such assessment liens, are assigned
2858
to or deposited in such special fund.
2859
(d) Such assessment bonds, revenue bonds, or other
2860
obligations issued under this subsection shall bear such
2861
interest as the board may determine, not to exceed the maximum
2862
rate allowed by general law, and shall be executed, shall have
2863
such provisions for redemption before maturity, shall be sold in
2864
such manner, and shall be subject to all of the applicable
2865
provisions contained in this act for revenue bonds, except as
2866
the same may be inconsistent with this subsection.
2867
(e) All assessment bonds, revenue bonds, or other
2868
obligations issued under this subsection shall be, shall
2869
constitute, and shall have all the qualities and incidents of
2870
negotiable instruments under the law merchant and general laws.
2871
(15) TAX LIENS.—All taxes of the district provided for in
2872
this act, together with all penalties for default in the payment
2873
of the same and all costs in collecting the same, including a
2874
reasonable attorney fee fixed by the court and taxed as a cost
2875
in the action brought to enforce payment, shall, from January 1
2876
of each year the property is liable to assessment and until
2877
paid, constitute a lien of equal dignity with the liens for
2878
state and county taxes and other taxes of equal dignity with
2879
state and county taxes upon all the lands against which such
2880
taxes shall be levied. A sale of any of the real property within
2881
the district for state and county or other taxes may not operate
2882
to relieve or release the property so sold from the lien for
2883
subsequent district taxes or installments of district taxes,
2884
which lien may be enforced against such property as though no
2885
such sale thereof had been made. In addition, for purposes of s.
2886
197.552, Florida Statutes, the lien of all special assessments
2887
levied by the district shall constitute a lien of record held by
2888
a municipal or county governmental unit. Sections 194.171,
2889
197.122, 197.333, and 197.432, Florida Statutes, are applicable
2890
to district taxes with the same force and effect as if such
2891
sections were expressly provided in this act.
2892
(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2893
DISTRICT; SHARING IN PROCEEDS OF TAX SALE.—
2894
(a) The district shall have the power and right to:
2895
1. Pay any delinquent state, county, district, municipal,
2896
or other tax or assessment upon lands located wholly or
2897
partially within the boundaries of the district.
2898
2. Redeem or purchase any tax sales certificates issued
2899
or sold on account of any state, county, district, municipal, or
2900
other taxes or assessments upon lands located wholly or
2901
partially within the boundaries of the district.
2902
(b) Delinquent taxes paid, or tax sales certificates
2903
redeemed or purchased, by the district, together with all
2904
penalties for the default in payment of the same and all costs
2905
in collecting the same and a reasonable attorney fee, shall
2906
constitute a lien in favor of the district of equal dignity with
2907
the liens of state and county taxes and other taxes of equal
2908
dignity with state and county taxes upon all the real property
2909
against which the taxes were levied. The lien of the district
2910
may be foreclosed in the manner provided in this act.
2911
(c) In any sale of land pursuant to s. 197.542, Florida
2912
Statutes, as may be amended from time to time, the district may
2913
certify to the clerk of the circuit court of the county holding
2914
such sale the amount of taxes due to the district upon the lands
2915
sought to be sold, and the district shall share in the
2916
disbursement of the sales proceeds in accordance with this act
2917
and under general law.
2918
(17) FORECLOSURE OF LIENS.—Any lien in favor of the
2919
district arising under this act may be foreclosed by the
2920
district by foreclosure proceedings in the name of the district
2921
in a court of competent jurisdiction as provided by general law
2922
in like manner as is provided in chapter 170 or chapter 173,
2923
Florida Statutes, and any amendments thereto, and those chapters
2924
shall be applicable to such proceedings with the same force and
2925
effect as if those chapters were expressly provided in this act.
2926
Any act required or authorized to be done by or on behalf of a
2927
municipality in foreclosure proceedings under chapter 170 or
2928
chapter 173, Florida Statutes, may be performed by such officer
2929
or agent of the district as the board of supervisors may
2930
designate. Such foreclosure proceedings may be brought at any
2931
time after the expiration of 1 year from the date any tax, or
2932
installment thereof, becomes delinquent; however, no lien shall
2933
be foreclosed against any political subdivision or agency of the
2934
state. Other legal remedies shall remain available.
2935
(18) MANDATORY USE OF CERTAIN DISTRICT SYSTEMS,
2936
FACILITIES, AND SERVICES.—To the full extent permitted by
2937
general law, the district shall require all lands, buildings,
2938
premises, persons, firms, and corporations within the district
2939
to use the facilities of the district.
2940
(19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2941
PROVISIONS REQUIRED.—
2942
(a) A contract may not be let by the board for any goods,
2943
supplies, or materials to be purchased when the amount thereof
2944
to be paid by the district shall exceed the amount provided in
2945
s. 287.017, Florida Statutes, for category four, unless notice
2946
of bids shall be published in a newspaper of general circulation
2947
in Hillsborough County at least once. Any board seeking to
2948
construct or improve a public building, structure, or other
2949
public works shall comply with the bidding procedures of s.
2950
255.20, Florida Statutes, as amended from time to time, and
2951
other applicable general law. In each case, the bid of the
2952
lowest responsive and responsible bidder shall be accepted
2953
unless all bids are rejected because the bids are too high or
2954
the board determines it is in the best interests of the district
2955
to reject all bids. The board may require the bidders to furnish
2956
bond with a responsible surety to be approved by the board.
2957
Nothing in this subsection shall prevent the board from
2958
undertaking and performing the construction, operation, and
2959
maintenance of any project or facility authorized by this act by
2960
the employment of labor, material, and machinery.
2961
(b) The Consultants' Competitive Negotiation Act, s.
2962
287.055, Florida Statutes, applies to contracts for engineering,
2963
architecture, landscape architecture, or registered surveying
2964
and mapping services let by the board.
2965
(c) Contracts for maintenance services for any district
2966
facility or project shall be subject to competitive bidding
2967
requirements when the amount thereof to be paid by the district
2968
exceeds the amount provided in s. 287.017, Florida Statutes, as
2969
amended from time to time, for category four. The district shall
2970
adopt rules, policies, or procedures establishing competitive
2971
bidding procedures for maintenance services. Contracts for other
2972
services may not be subject to competitive bidding unless the
2973
district adopts a rule, policy, or procedure applying
2974
competitive bidding procedures to said contracts. Nothing herein
2975
shall preclude the use of requests for proposal instead of
2976
invitations to bid as determined by the district to be in its
2977
best interest.
2978
(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2979
AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.—
2980
(a) The district is authorized to prescribe, fix,
2981
establish, and collect rates, fees, rentals, or other charges,
2982
hereinafter sometimes referred to as "revenues," and to revise
2983
the same from time to time, for the systems, facilities, and
2984
services furnished by the district, including, but not limited
2985
to, recreational facilities, water management and control
2986
facilities, and water and sewer systems; to recover the costs of
2987
making connection with any district service, facility, or
2988
system; and to provide for reasonable penalties against any user
2989
or property for any such rates, fees, rentals, or other charges
2990
that are delinquent.
2991
(b) No such rates, fees, rentals, or other charges for
2992
any of the facilities or services of the district shall be fixed
2993
until after a public hearing at which all the users of the
2994
proposed facility or services or owners, tenants, or occupants
2995
served or to be served thereby and all other interested persons
2996
shall have an opportunity to be heard concerning the proposed
2997
rates, fees, rentals, or other charges. Rates, fees, rentals,
2998
and other charges shall be adopted under the administrative
2999
rulemaking authority of the district but do not apply to
3000
district leases. Notice of such public hearing setting forth the
3001
proposed schedule or schedules of rates, fees, rentals, and
3002
other charges shall have been published in a newspaper of
3003
general circulation in Hillsborough County at least once and at
3004
least 10 days before such public hearing. The rulemaking hearing
3005
may be adjourned from time to time. After such hearing, such
3006
schedule or schedules, either as initially proposed or as
3007
modified or amended, may be finally adopted. A copy of the
3008
schedule or schedules of such rates, fees, rentals, or charges
3009
as finally adopted shall be kept on file in an office designated
3010
by the board and shall be open at all reasonable times to public
3011
inspection. The rates, fees, rentals, or charges so fixed for
3012
any class of users or property served shall be extended to cover
3013
any additional users or properties thereafter served which shall
3014
fall in the same class, without the necessity of any notice or
3015
hearing.
3016
(c) Such rates, fees, rentals, and charges shall be just
3017
and equitable and uniform for users of the same class and, when
3018
appropriate, may be based or computed either upon the amount of
3019
service furnished, upon the average number of persons residing
3020
or working in or otherwise occupying the premises served, or
3021
upon any other factor affecting the use of the facilities
3022
furnished, or upon any combination of the foregoing factors, as
3023
may be determined by the board on an equitable basis.
3024
(d) The rates, fees, rentals, or other charges prescribed
3025
shall be such as will produce revenues, together with any other
3026
assessments, taxes, revenues, or funds available or pledged for
3027
such purpose, at least sufficient to provide for the following
3028
items, but not necessarily in the order stated:
3029
1. To provide for all expenses of operation and
3030
maintenance of such facility or service.
3031
2. To pay when due all bonds and interest thereon for the
3032
payment of which such revenues are, or shall have been, pledged
3033
or encumbered, including reserves for such purpose.
3034
3. To provide for any other funds which may be required
3035
under the resolution or resolutions authorizing the issuance of
3036
bonds pursuant to this act.
3037
(e) The board shall have the power to enter into
3038
contracts for the use of the projects of the district and with
3039
respect to the services, systems, and facilities furnished or to
3040
be furnished by the district.
3041
(21) RECOVERY OF DELINQUENT CHARGES.—In the event that
3042
any rates, fees, rentals, charges, or delinquent penalties are
3043
not paid as and when due and are in default for 60 days or more,
3044
the unpaid balance thereof and all interest accrued thereon,
3045
together with reasonable attorney fees and costs, may be
3046
recovered by the district in a civil action.
3047
(22) DISCONTINUANCE OF SERVICES OR FACILITIES.—In the
3048
event the fees, rentals, or other charges for district services
3049
or facilities are not paid when due, the board shall have the
3050
power, under such reasonable rules and regulations as the board
3051
may adopt, to discontinue and shut off such services or
3052
facilities until such fees, rentals, or other charges, including
3053
interest, penalties, and charges for the shutting off and
3054
discontinuance and the restoration of such services or
3055
facilities, are fully paid; and, for such purposes, the board
3056
may enter on any lands, waters, or premises of any person, firm,
3057
corporation, or body, public or private, within the district
3058
limits. Such delinquent fees, rentals, or other charges,
3059
together with interest, penalties, and charges for the shutting
3060
off and discontinuance and the restoration of such services or
3061
facilities and reasonable attorney fees and other expenses, may
3062
be recovered by the district, which may also enforce payment of
3063
such delinquent fees, rentals, or other charges by any other
3064
lawful method of enforcement.
3065
(23) ENFORCEMENT AND PENALTIES.—The board or any
3066
aggrieved person may have recourse to such remedies in general
3067
law and at equity as may be necessary to ensure compliance with
3068
this act, including injunctive relief to enjoin or restrain any
3069
person violating this act or any bylaws, resolutions,
3070
regulations, rules, codes, or orders adopted under this act. In
3071
case any building or structure is erected, constructed,
3072
reconstructed, altered, repaired, converted, or maintained, or
3073
any building, structure, land, or water is used, in violation of
3074
this act or of any code, order, resolution, or other regulation
3075
made under authority conferred by this act or under general law,
3076
the board or any citizen residing in the district may institute
3077
any appropriate action or proceeding to prevent such unlawful
3078
erection, construction, reconstruction, alteration, repair,
3079
conversion, maintenance, or use; to restrain, correct, or avoid
3080
such violation; to prevent the occupancy of such building,
3081
structure, land, or water; and to prevent any illegal act,
3082
conduct, business, or use in or about such premises, land, or
3083
water.
3084
(24) SUITS AGAINST THE DISTRICT.—Any suit or action
3085
brought or maintained against the district for damages arising
3086
out of tort, including, without limitation, any claim arising
3087
upon account of an act causing an injury or loss of property,
3088
personal injury, or death, shall be subject to the limitations
3089
provided in s. 768.28, Florida Statutes.
3090
(25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.—All
3091
district property shall be exempt from levy and sale by virtue
3092
of an execution, and no execution or other judicial process
3093
shall issue against such property, nor shall any judgment
3094
against the district be a charge or lien on its property or
3095
revenues; however, nothing contained herein shall apply to or
3096
limit the rights of bondholders to pursue any remedy for the
3097
enforcement of any lien or pledge given by the district in
3098
connection with any of the bonds or obligations of the district.
3099
(26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.—
3100
(a) The board of supervisors of the district may not ask
3101
the Legislature to repeal or amend this act to expand or to
3102
contract the boundaries of the district or otherwise cause the
3103
merger or termination of the district without first obtaining a
3104
resolution or official statement from Hillsborough County as
3105
required by s. 189.031(2)(e)4., Florida Statutes, for creation
3106
of an independent special district. The district's consent may
3107
be evidenced by a resolution or other official written statement
3108
of the district.
3109
(b) The district shall remain in existence until:
3110
1. The district is terminated and dissolved pursuant to
3111
amendment to this act by the Legislature.
3112
2. The district has become inactive pursuant to s.
3113
189.062, Florida Statutes.
3114
(27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS.—The
3115
district may merge with one or more community development
3116
districts situated wholly within its boundaries. The district
3117
shall be the surviving entity of the merger. Any mergers shall
3118
commence upon each such community development district filing a
3119
written request for merger with the district. A copy of the
3120
written request shall also be filed with Hillsborough County.
3121
The district, subject to the direction of its board of
3122
supervisors, shall enter into a merger agreement which shall
3123
provide for the proper allocation of debt, the manner in which
3124
such debt shall be retired, the transition of the community
3125
development district board, and the transfer of all financial
3126
obligations and operating and maintenance responsibilities to
3127
the district. The execution of the merger agreement by the
3128
district and each community development district constitutes
3129
consent of the landowners within each district. The district and
3130
each community development district requesting merger shall hold
3131
a public hearing within its boundaries to provide information
3132
about and take public comment on the proposed merger in the
3133
merger agreement. The public hearing shall be held within 45
3134
days after the execution of the merger agreement by all parties
3135
thereto. Notice of the public hearing shall be published in a
3136
newspaper of general circulation in Hillsborough County at least
3137
14 days before the hearing. At the conclusion of the public
3138
hearing, each district shall consider a resolution approving or
3139
disapproving the proposed merger. If the district and each
3140
community development district which is a party to the merger
3141
agreement adopt a resolution approving the proposed merger, the
3142
resolutions and the merger agreement shall be filed with
3143
Hillsborough County. Upon receipt of the resolutions approving
3144
the merger and the merger agreement, Hillsborough County shall
3145
adopt a nonemergency ordinance dissolving each community
3146
development district pursuant to s. 190.046(10), Florida
3147
Statutes.
3148
(28) INCLUSION OF TERRITORY.—The inclusion of any or all
3149
territory of the district within a municipality does not change,
3150
alter, or affect the boundary, territory, existence, or
3151
jurisdiction of the district.
3152
(29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
3153
DISCLOSURE TO PURCHASER.—Subsequent to the creation of this
3154
district under this act, each contract for the initial sale of a
3155
parcel of real property and each contract for the initial sale
3156
of a residential unit within the district shall include,
3157
immediately before the space reserved in the contract for the
3158
signature of the purchaser, the following disclosure statement
3159
in boldfaced and conspicuous type which is larger than the type
3160
in the remaining text of the contract: "THE LAND RESERVE
3161
STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,
3162
OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
3163
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE
3164
COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE
3165
DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
3166
DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY
3167
AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
3168
TAXES AND ASSESSMENTS PROVIDED FOR BY GENERAL LAW."
3169
(30) NOTICE OF CREATION AND ESTABLISHMENT.—Within 30 days
3170
after the election of the first board of supervisors creating
3171
the district, the district shall cause to be recorded in the
3172
grantor-grantee index of the property records in Hillsborough
3173
County a "Notice of Creation and Establishment of the Land
3174
Reserve Stewardship District." The notice shall, at a minimum,
3175
include the legal description of the territory described in this
3176
act.
3177
(31) DISTRICT PROPERTY PUBLIC; FEES.—Any system, facility,
3178
service, works, improvement, project, or other infrastructure
3179
owned by the district, or funded by federal tax-exempt bonding
3180
issued by the district, is public; and the district by rule may
3181
regulate, and may impose reasonable charges or fees for, the use
3182
thereof, but not to the extent that such regulation or
3183
imposition of such charges or fees constitutes denial of
3184
reasonable access.
3185
Section 7. If any provision of this act or its application
3186
to any person or circumstance is held invalid, the invalidity
3187
does not affect the remaining provisions or applications of the
3188
act which can be given effect without the invalid provision or
3189
application, and to this end the provisions of this act are
3190
severable.
3191
Section 8. This act shall take effect upon becoming a law,
3192
except that the provisions of this act which authorize the levy
3193
of ad valorem taxation shall take effect only upon express
3194
approval by a majority vote of those qualified electors of the
3195
Land Reserve Stewardship District, as required by Section 9,
3196
Article VII of the State Constitution, voting in a referendum
3197
election held during a general election at such time as all
3198
members of the board are qualified electors who are elected by
3199
qualified electors of the district as provided in this act.