CS/HB 4079 full text · Session Watch

2 An act relating to Marion County; creating the Uplands

3 Stewardship District; providing a short title;

4 providing legislative findings and intent; providing

5 definitions; stating legislative policy regarding

6 creation of the district; establishing compliance with

7 minimum requirements for creation of an independent

8 special district; providing for creation and

9 establishment of the district; establishing the legal

10 boundaries of the district; providing for the

11 jurisdiction and charter of the district; providing

12 for a board of supervisors; providing for a method for

13 transition of the board from landowner control to

14 control by the electors of the district; providing for

15 membership, terms, election, removal, duties, and

16 meetings of board members; providing for a district

17 manager and district personnel; providing for a

18 district treasurer, selection of a public depository,

19 and district budgets and financial reports; providing

20 for disclosure of certain public information and for

21 web-based public access; providing for the general and

22 special powers of the district; providing for bonds;

23 providing for borrowing; providing for trust

24 agreements; providing for future ad valorem taxation;

25 providing for special assessments; providing for

26 issuance of certificates of indebtedness; providing

27 for tax liens; providing for tax payments, redemption

28 of tax liens, and sharing in proceeds of tax sales;

29 providing for foreclosure of liens; providing for

30 mandatory use of certain facilities; providing for

31 competitive procurement; providing for fees, rentals,

32 and charges and minimum revenue requirements;

33 providing for recovery of delinquent charges;

34 providing for discontinuance of service; providing for

35 enforcement and penalties; providing for suits against

36 the district; providing for exemptions of district

37 property from levies and sales; providing for

38 termination, contraction, expansion, or merger of the

39 district; providing for inclusion of territory;

40 providing for required notices to purchasers of

41 residential units within the district; specifying the

42 district properties that are public; providing

43 severability; providing for a referendum; providing an

44 effective date.

46 Be It Enacted by the Legislature of the State of Florida:

48 Section 1. This act may be cited as the "Uplands

49 Stewardship District Act."

50 Section 2. Legislative findings and intent; definitions;

51 policy.—

52 (1) LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT.—

53 (a) The extensive lands located wholly within Marion

54 County and covered by this act contain many opportunities for

55 thoughtful, comprehensive, responsible, and consistent

56 development over a long period.

57 (b) There is a need to use a single special and limited

58 purpose independent special district unit of local government

59 for the Uplands Stewardship District lands located within Marion

60 County and covered by this act to provide for a more

61 comprehensive community development approach, which will

62 facilitate an integral relationship between regional

63 transportation, land use and urban design to provide for a

64 diverse mix of housing and regional employment and economic

65 development opportunities, rather than fragmented development

66 with underutilized infrastructure generally associated with

67 urban sprawl.

68 (c) There is a considerably long period of time during

69 which there is a significant burden on the initial landowners of

70 the district lands to provide various systems, facilities, and

71 services, such that there is a need for flexible management,

72 sequencing, timing, and financing of the various systems,

73 facilities, and services to be provided to these lands, taking

74 into consideration absorption rates, commercial viability, and

75 related factors.

76 (d) While chapter 190, Florida Statutes, provides an

77 opportunity for previous community development services and

78 facilities to be provided by the continued use of community

79 development districts in a manner that furthers the public

80 interest, given the size of the Uplands Stewardship District

81 lands and the duration of development, continuing to utilize

82 multiple community development districts over these lands would

83 result in an inefficient, duplicative, and needless

84 proliferation of local special purpose governments, contrary to

85 the public interest and the Legislature's findings in chapter

86 190, Florida Statutes. Instead, it is in the public interest

87 that the long-range provision for, and management, financing,

88 and long-term maintenance, upkeep, and operation of, services

89 and facilities to be provided for ultimate development and

90 conservation of the lands covered by this act be under one

91 coordinated entity. The creation of a single district will

92 assist in integrating the management of state resources and

93 allow for greater and more coordinated stewardship of natural

94 resources.

95 (e) Longer involvement of the initial landowner with

96 regard to the provision of systems, facilities, and services for

97 the Uplands Stewardship District lands, coupled with the special

98 and limited purpose of the district, is in the public interest.

99 (f) The existence and use of such a special and limited

100 purpose local government for the Uplands Stewardship District

101 lands, subject to the Marion County comprehensive plan, will

102 provide for a comprehensive and complete community development

103 approach to promote a sustainable and efficient land use pattern

104 for the Uplands Stewardship District lands with long-term

105 planning for conservation and development; provide opportunities

106 for the mitigation of impacts and development of infrastructure

107 in an orderly and timely manner; prevent the overburdening of

108 the local general purpose government and the taxpayers; and

109 provide an enhanced tax base and regional employment and

110 economic development opportunities.

111 (g) The creation and establishment of the special district

112 will encourage local government financial self-sufficiency in

113 providing public facilities and in identifying and implementing

114 fiscally sound, innovative, and cost-effective techniques to

115 provide and finance public facilities while encouraging

116 development, use, and coordination of capital improvement plans

117 by all levels of government, in accordance with the goals of

118 chapter 187, Florida Statutes.

119 (h) The creation and establishment of the special district

120 is a legitimate supplemental and alternative method available to

121 manage, own, operate, construct, and finance capital

122 infrastructure systems, facilities, and services.

123 (i) In order to be responsive to the critical timing

124 required through the exercise of its special management

125 functions, an independent special district requires financing of

126 those functions, including bondable lienable and nonlienable

127 revenue, with full and continuing public disclosure and

128 accountability, funded by landowners, both present and future,

129 and funded also by users of the systems, facilities, and

130 services provided to the land area by the special district,

131 without unduly burdening the taxpayers, citizens, and ratepayers

132 of the state or Marion County.

133 (j) The special district created and established by this

134 act shall not have or exercise any comprehensive planning,

135 zoning, or development permitting power; the establishment of

136 the special district shall not be considered a development order

137 within the meaning of chapter 380, Florida Statutes; and all

138 applicable planning and permitting laws, rules, regulations, and

139 policies of Marion County control the development of the land to

140 be serviced by the special district.

141 (k) The creation by this act of the Uplands Stewardship

142 District is not inconsistent with the Marion County

143 comprehensive plan.

144 (l) It is the legislative intent and purpose that no debt

145 or obligation of the special district constitute a burden on

146 Marion County.

147 (2) DEFINITIONS.—As used in this act:

148 (a) "Ad valorem bonds" means bonds that are payable from

149 the proceeds of ad valorem taxes levied on real and tangible

150 personal property and that are generally referred to as general

151 obligation bonds.

152 (b) "Assessable improvements" means, without limitation,

153 any and all public improvements and community facilities that

154 the district is empowered to provide in accordance with this act

155 that provide a special benefit to property within the district.

156 (c) "Assessment bonds" means special obligations of the

157 district which are payable solely from proceeds of the special

158 assessments or benefit special assessments levied for assessable

159 improvements, provided that, in lieu of issuing assessment bonds

160 to fund the costs of assessable improvements, the district may

161 issue revenue bonds for such purposes payable from assessments.

162 (d) "Assessments" means those nonmillage district

163 assessments which include special assessments, benefit special

164 assessments, and maintenance special assessments and a

165 nonmillage, non-ad valorem maintenance tax if authorized by

166 general law.

167 (e) "Benefit special assessments" means district

168 assessments imposed, levied, and collected pursuant to section

169 6(12)(b).

170 (f) "Board of supervisors" or "board" means the governing

171 body of the district or, if such board has been abolished, the

172 board, body, or commission assuming the principal functions

173 thereof or to whom the powers given to the board by this act

174 have been given by law.

175 (g) "Bond" includes certificate, and the provisions that

176 are applicable to bonds are equally applicable to certificates.

177 The term also includes any general obligation bond, assessment

178 bond, refunding bond, revenue bond, bond anticipation note, and

179 other such obligation in the nature of a bond as is provided for

180 in this act.

181 (h) "Cost" or "costs," when used in reference to any

182 project, includes, but is not limited to:

183 1. The expenses of determining the feasibility or

184 practicability of acquisition, construction, or reconstruction.

185 2. The cost of surveys, estimates, plans, and

186 specifications.

187 3. The cost of improvements.

188 4. Engineering, architectural, fiscal, and legal expenses

189 and charges.

190 5. The cost of all labor, materials, machinery, and

191 equipment.

192 6. The cost of all lands, properties, rights, easements,

193 and franchises acquired.

194 7. Financing charges.

195 8. The creation of initial reserve and debt service funds.

196 9. Working capital.

197 10. Interest charges incurred or estimated to be incurred

198 on money borrowed prior to and during construction and

199 acquisition and for such reasonable period of time after

200 completion of construction or acquisition as the board may

201 determine.

202 11. The cost of issuance of bonds pursuant to this act,

203 including advertisements and printing.

204 12. The cost of any bond or tax referendum held pursuant

205 to this act and all other expenses of issuance of bonds.

206 13. The discount, if any, on the sale or exchange of

207 bonds.

208 14. Administrative expenses.

209 15. Such other expenses as may be necessary or incidental

210 to the acquisition, construction, or reconstruction of any

211 project, or to the financing thereof, or to the development of

212 any lands within the district.

213 16. Payments, contributions, dedications, and any other

214 exactions required as a condition of receiving any governmental

215 approval or permit necessary to accomplish any district purpose.

216 17. Any other expense or payment permitted by this act or

217 allowable by law.

218 (i) "District" means the Uplands Stewardship District.

219 (j) "District manager" means the manager of the district.

220 (k) "District roads" means highways, streets, roads,

221 alleys, intersection improvements, sidewalks, crossings,

222 landscaping, irrigation, signage, signalization, storm drains,

223 bridges, multiuse trails, lighting, and thoroughfares of all

224 kinds.

225 (l) "General obligation bonds" means bonds which are

226 secured by, or provide for their payment by, the pledge of the

227 full faith and credit and taxing power of the district.

228 (m) "General-purpose local government" means a city,

229 municipality, or consolidated city-county government.

230 (n) "Governing board member" means any member of the board

231 of supervisors.

232 (o) "Land development regulations" means those regulations

233 of the general-purpose local government, adopted under the

234 Community Planning Act, codified as part II of chapter 163,

235 Florida Statutes, to which the district is subject and as to

236 which the district may not do anything that is inconsistent

237 therewith. The term "land development regulations" does not

238 include specific management, engineering, operations, or capital

239 improvement planning, needed in the daily management,

240 implementation, and supplying by the district of systems,

241 facilities, services, works, improvements, projects, or

242 infrastructure, so long as they remain subject to and are not

243 inconsistent with the applicable county codes.

244 (p) "Landowner" means the owner of a freehold estate as it

245 appears on the deed record, including a trustee, a private

246 corporation, and an owner of a condominium unit. The term

247 "landowner" does not include a reversioner, remainderman,

248 mortgagee, or any governmental entity which shall not be counted

249 and need not be notified of proceedings under this act. The term

250 "landowner" also means the owner of a ground lease from a

251 governmental entity, which leasehold interest has a remaining

252 term, excluding all renewal options, in excess of 50 years.

253 (q) "Maintenance special assessments" are assessments

254 imposed, levied, and collected pursuant to section 6(12)(d).

255 (r) "Non-ad valorem assessment" means only those

256 assessments which are not based upon millage and which can

257 become a lien against a homestead as permitted in s. 4, Article

258 X of the State Constitution.

259 (s) "Powers" means powers used and exercised by the board

260 of supervisors to accomplish the special and limited purposes of

261 the district, including:

262 1. "General powers," which means those organizational and

263 administrative powers of the district as provided in its charter

264 in order to carry out its special and limited purpose as a local

265 government public corporate body politic.

266 2. "Special powers," which means those powers enumerated

267 by the district charter to implement its specialized systems,

268 facilities, services, projects, improvements, and infrastructure

269 and related functions in order to carry out its special and

270 limited purposes.

271 3. Any other powers, authority, or functions set forth in

272 this act.

273 (t) "Project" means any development, improvement,

274 property, power, utility, facility, enterprise, service, system,

275 works, or infrastructure now existing or hereafter undertaken or

276 established under this act.

277 (u) "Qualified elector" means any person at least 18 years

278 of age who is a citizen of the United States and a legal

279 resident of the state and of the district, who registers to vote

280 with the Supervisor of Elections of Marion County and who

281 resides in Marion County.

282 (v) "Reclaimed water" means water, including from wells or

283 stormwater management facilities, that has received at least

284 secondary treatment and basic disinfection and is reused after

285 flowing out of a domestic wastewater treatment facility, or

286 otherwise as an approved use of surface water or groundwater by

287 the water management district.

288 (w) "Reclaimed water system" means any plant, well, system,

289 facility, or property, and any addition, extension, or

290 improvement thereto at any future time constructed or acquired

291 as part thereof, useful, necessary, or having the present

292 capacity for future use in connection with the development of

293 sources, treatment, purification, or distribution of reclaimed

294 water. The term includes franchises of any nature relating to

295 any such system and necessary or convenient for the operation

296 thereof, including for the district's own use or resale.

297 (x) "Refunding bonds" means bonds issued to refinance

298 outstanding bonds of any type and the interest and redemption

299 premium thereon. Refunding bonds may be issuable and payable in

300 the same manner as refinanced bonds, except that no approval by

301 the electorate shall be required unless required by the State

302 Constitution.

303 (y) "Revenue bonds" means obligations of the district that

304 are payable from revenues, including, but not limited to,

305 special assessments and benefit special assessments, derived

306 from sources other than ad valorem taxes on real or tangible

307 personal property and that do not pledge the property, credit,

308 or general tax revenue of the district.

309 (z) "Sewer system" means any plant, system, facility, or

310 property, and additions, extensions, and improvements thereto at

311 any future time constructed or acquired as part thereof, useful

312 or necessary or having the present capacity for future use in

313 connection with the collection, treatment, purification, or

314 disposal of sewage, including, but not limited to, industrial

315 wastes resulting from any process of industry, manufacture,

316 trade, or business or from the development of any natural

317 resource. The term also includes treatment plants, pumping

318 stations, lift stations, valves, force mains, intercepting

319 sewers, laterals, pressure lines, mains, and all necessary

320 appurtenances and equipment; all sewer mains, laterals, and

321 other devices for the reception and collection of sewage from

322 premises connected therewith; all real and personal property and

323 any interest therein; and rights, easements, and franchises of

324 any nature relating to any such system and necessary or

325 convenient for operation thereof.

326 (aa) "Special assessments" means assessments as imposed,

327 levied, and collected by the district for the costs of

328 assessable improvements pursuant to this act; chapter 170,

329 Florida Statutes; and the additional authority under s.

330 197.3631, Florida Statutes, or other general laws, now or

331 hereafter enacted, which provide or authorize a supplemental

332 means to impose, levy, or collect special assessments.

333 (bb) "Uplands Stewardship District" means the unit of

334 special and limited purpose local government and political

335 subdivision created and chartered by this act, and limited to

336 the performance of those general and special powers authorized

337 by its charter under this act, the boundaries of which are set

338 forth by this act, the governing board of which is created and

339 authorized to operate with legal existence by this act, and the

340 purpose of which is as set forth in this act.

341 (cc) "Tax" or "taxes" means those levies and impositions

342 of the board of supervisors that support and pay for government

343 and the administration of law and that may be:

344 1. Ad valorem or property taxes based upon both the

345 appraised value of property and millage, at a rate uniform

346 within the jurisdiction; or

347 2. If and when authorized by general law, non-ad valorem

348 maintenance taxes not based on millage that are used to maintain

349 district systems, facilities, and services.

350 (dd) "Water system" means any plant, system, facility, or

351 property, and any addition, extension, or improvement thereto at

352 any future time constructed or acquired as a part thereof,

353 useful, necessary, or having the present capacity for future use

354 in connection with the development of sources, treatment,

355 purification, or distribution of water. The term also includes

356 dams, reservoirs, storage tanks, mains, lines, valves, pumping

357 stations, laterals, and pipes for the purpose of carrying water

358 to the premises connected with such system, and all rights,

359 easements, and franchises of any nature relating to any such

360 system and necessary or convenient for the operation thereof.

361 (3) POLICY.—Based upon its findings, ascertainments,

362 determinations, intent, purpose, and definitions, the

363 Legislature states its policy expressly as follows:

364 (a) The district and the district charter, with its

365 general and special powers, as created in this act, are

366 essential and the best alternative for the residential,

367 commercial, industrial, office, hotel, health care, and other

368 similar community uses, projects, or functions in the included

369 portion of Marion County consistent with the effective

370 comprehensive plan, and designed to serve a lawful public

371 purpose.

372 (b) The district, which is a local government and a

373 political subdivision, is limited to its special purpose as

374 expressed in this act, with the power to provide, plan,

375 implement, construct, maintain, and finance as a local

376 government management entity systems, facilities, services,

377 improvements, infrastructure, and projects, and possessing

378 financing powers to fund its management power over the long term

379 and with sustained levels of high quality.

380 (c) The creation of the Uplands Stewardship District by

381 and pursuant to this act, and its exercise of its management and

382 related financing powers to implement its limited, single, and

383 special purpose, is not a development order and does not trigger

384 or invoke any provision within the meaning of chapter 380,

385 Florida Statutes, and all applicable governmental planning,

386 environmental, and land development laws, regulations, rules,

387 policies, and ordinances apply to all development of the land

388 within the jurisdiction of the district as created by this act.

389 (d) The district shall operate and function subject to,

390 and not inconsistent with, the applicable comprehensive plan of

391 Marion County and any applicable development orders (e.g.,

392 detailed site plan development orders), zoning regulations, and

393 other land development regulations.

394 (e) The special and single purpose Uplands Stewardship

395 District shall not have the power of a general-purpose local

396 government to adopt a comprehensive plan or related land

397 development regulation as those terms are defined in the

398 Community Planning Act.

399 (f) This act may be amended, in whole or in part, only by

400 special act of the Legislature.

401 Section 3. Minimum charter requirements; creation and

402 establishment; jurisdiction; construction; charter.—

403 (1) Pursuant to s. 189.031(3), Florida Statutes, the

404 Legislature sets forth that the minimum requirements in

405 paragraphs (a) through (n) have been met in the identified

406 provisions of this act as follows:

407 (a) The purpose of the district is stated in the act in

408 section 2 and subsection (4) of this section.

409 (b) The powers, functions, and duties of the district

410 regarding ad valorem taxation, bond issuance, other revenue-

411 raising capabilities, budget preparation and approval, liens and

412 foreclosure of liens, use of tax deeds and tax certificates as

413 appropriate for non-ad valorem assessments, and contractual

414 agreements are set forth in section 6.

415 (c) The provisions for methods for establishing the

416 district are set forth in this section.

417 (d) The methods for amending the charter of the district

418 are set forth in section 2.

419 (e) The provisions for the membership and organization of

420 the governing body and the establishment of a quorum are set

421 forth in section 5.

422 (f) The provisions regarding the administrative duties of

423 the governing body are set forth in sections 5 and 6.

424 (g) The provisions applicable to financial disclosure,

425 noticing, and reporting requirements generally are set forth in

426 sections 5 and 6.

427 (h) The provisions regarding procedures and requirements

428 for issuing bonds are set forth in section 6.

429 (i) The provisions regarding elections or referenda and

430 the qualifications of an elector of the district are set forth

431 in sections 2 and 5.

432 (j) The provisions regarding methods for financing the

433 district generally are set forth in section 6.

434 (k) Other than taxes levied for the payment of bonds and

435 taxes levied for periods not longer than 2 years when authorized

436 by vote of the electors of the district, the provisions for the

437 authority to levy ad valorem tax and the authorized millage rate

438 are set forth in section 6.

439 (l) The provisions for the method or methods of collecting

440 non-ad valorem assessments, fees, or service charges are set

441 forth in section 6.

442 (m) The provisions for planning requirements are in this

443 section and section 6.

444 (n) The provisions for geographic boundary limitations of

445 the district are set forth in sections 4 and 6.

446 (2) The Uplands Stewardship District is created and

447 incorporated as a public body corporate and politic, an

448 independent special and limited purpose local government, an

449 independent special district, under s. 189.031, Florida

450 Statutes, as amended from time to time, and as defined in this

451 act and in s. 189.012(3), Florida Statutes, as amended from time

452 to time, in and for portions of Marion County. Any amendments to

453 chapter 190, Florida Statutes, after January 1, 2025 granting

454 additional general powers, special powers, authorities, or

455 projects to a community development district by amendment to its

456 uniform charter, ss. 190.006-190.041, Florida Statutes, which

457 are not inconsistent with this act, shall constitute a general

458 power, special power, authority, or function of the Uplands

459 Stewardship District. All notices for the enactment by the

460 Legislature of this special act have been provided pursuant to

461 the State Constitution, the Laws of Florida, and the Rules of

462 the Florida House of Representatives and of the Florida Senate.

463 No referendum subsequent to the effective date of this act is

464 required as a condition of establishing the district. Therefore,

465 the district, as created by this act, is established on the

466 property described in this act.

467 (3) The territorial boundary of the district shall embrace

468 and include all of that certain real property described in

469 section 4.

470 (4) The jurisdiction of the district, in the exercise of

471 its general and special powers, and in the carrying out of its

472 special and limited purposes, is both within the external

473 boundaries of the legal description of this district and

474 extraterritorially when limited to, and as authorized expressly

475 elsewhere in, the charter of the district as created in this act

476 or applicable general law. This special and limited purpose

477 district is created as a public body corporate and politic, and

478 local government authority and power is limited by its charter,

479 this act, and subject to other general laws, including chapter

480 189, Florida Statutes, except that an inconsistent provision in

481 this act shall control and the district has jurisdiction to

482 perform such acts and exercise such authorities, functions, and

483 powers as shall be necessary, convenient, incidental, proper, or

484 reasonable for the implementation of its special and limited

485 purpose regarding the sound planning, provision, acquisition,

486 development, operation, maintenance, and related financing of

487 those public systems, facilities, services, improvements,

488 projects, and infrastructure works as authorized herein,

489 including those necessary and incidental thereto. The district

490 shall exercise any of its powers extraterritorially within

491 Marion County only after execution of an interlocal agreement

492 between the district and Marion County consenting to the

493 district's exercise of any of such powers within Marion County

494 or an applicable development order or as part of other land

495 development regulations issued by Marion County.

496 (5) The exclusive charter of the Uplands Stewardship

497 District is this act and, except as otherwise provided in

498 subsection (2), may be amended only by special act of the

499 Legislature.

500 Section 4. Legal description of the Uplands Stewardship

501 District.—The metes and bounds legal description of the

502 district, within which there are no parcels of property owned by

503 those who do not wish their property to be included within the

504 district, is as follows:

506 LANDS LYING IN SECTIONS 3, 4, 9, 10, 15, 16, 21, 22,

507 27, 28, 29, AND 33 TOWNSHIP 16 SOUTH, RANGE 20 EAST

508 AND SECTIONS 33 AND 34, TOWNSHIP 15 SOUTH, RANGE 20

509 EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY

510 DESCRIBED AS FOLLOWS:

512 ALL OF THE LANDS LYING SECTION 3, TOWNSHIP 16 SOUTH.

513 RANGE 20 EAST, MARION COUNTY, FLORIDA. LESS AND

514 EXCEPT THE NORTH 1/2 OF THE N.E. 1/4 OF SAID SECTION

515 3.

517 AND

518 ALL OF THE LANDS LYING IN SECTIONS 4, 9, 16, 21,

519 TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,

520 FLORIDA.

522 AND

523 THE LANDS LYING IN SECTION 10, TOWNSHIP 16 SOUTH.

524 RANGE 20 EAST, MARION COUNTY, FLORIDA.

526 LESS AND EXCEPT STONE CREEK BY DEL WEBB LONGLEAF, PER

527 PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGES 43

528 THROUGH 47 OF THE PUBLIC RECORDS OF MARION COUNTY,

529 FLORIDA

530 LESS AND EXCEPT STONE CREEK BY DEL WEBB ARLINGTON

531 PHASE 1, PER PLAT THEREOF RECORDED IN PLAT BOOK 10,

532 PAGES 187 THROUGH 192 OF THE PUBLIC RECORDS OF MARION

533 COUNTY, FLORIDA

534 LESS AND EXCEPT STONE CREEK BY DEL WEBB ARLINGTON

535 PHASE 4, PER PLAT THEREOF RECORDED IN PLAT BOOK 12,

536 PAGES 39 AND 40 OF THE PUBLIC RECORDS OF MARION

537 COUNTY, FLORIDA

538 LESS AND EXCEPT STONE CREEK BY DEL WEBB ARLINGTON

539 PHASE 5, PER PLAT THEREOF RECORDED IN PLAT BOOK 12,

540 PAGES 78 AND 79 OF THE PUBLIC RECORDS OF MARION

541 COUNTY, FLORIDA

542 LESS AND EXCEPT LANDS LYING SOUTH AND EASTERLY OF THE

543 PROJECTION OF THE WESTERLY BOUNDARY OF STONE CREEK BY

544 DEL WEBB ARLINGTON PHASE 5, PER PLAT THEREOF RECORDED

545 IN PLAT BOOK 12, PAGES 78 AND 79 OF THE PUBLIC RECORDS

546 OF MARION COUNTY, FLORIDA LYING IN SECTION 10,

547 TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,

548 FLORIDA.

549 LESS AND EXCEPT ON TOP OF THE WORLD CANDLER HILLS WEST

550 BALFOUR NORTH, PER PLAT THEREOF RECORDED IN PLAT BOOK

551 16, PAGES 30 THROUGH 42 OF THE PUBLIC RECORDS OF

552 MARION COUNTY, FLORIDA

553 LESS AND EXCEPT BLCCDD NORTH WATER RECLAMATION

554 FACILITY, PER PLAT THEREOF RECORDED IN PLAT BOOK 16,

555 PAGES 9 AND 10 OF THE PUBLIC RECORDS OF MARION COUNTY,

556 FLORIDA

557 LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL

558 RECORDS BOOK 7875, PAGE 505 OF THE PUBLIC RECORDS OF

559 MARION COUNTY, FLORIDA.

561 AND

562 A PORTION OF LANDS LYING IN SECTION 15, TOWNSHIP 16

563 SOUTH, RANGE 20 EAST, BEING MORE PARTICULARLY

564 DESCRIBED AS FOLLOWS:

565 CONSERVATION AREA #2 PER OFFICIAL RECORDS BOOKS 3425,

566 PAGES 1189 THROUGH 1212 OF THE PUBLIC RECORDS OF

567 MARION COUNTY FLORIDA, LYING IN SECTION 15, TOWNSHIP

568 16 SOUTH, RANGE 20 EAST.

570 AND

571 ALL OF THE LANDS LYING ON THE WEST 1/2 OF SECTION 22,

572 TOWNSHIP 16 SOUTH. RANGE 20 EAST, MARION COUNTY,

573 FLORIDA.

574 LESS AND EXCEPT LONGLEAF RIDGE PHASE I, PER PLAT

575 THEREOF RECORDED IN PLAT BOOK 13, PAGES 162 THROUGH

576 166 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

577 LESS AND EXCEPT LONGLEAF RIDGE PHASE II, PER PLAT

578 THEREOF RECORDED IN PLAT BOOK 13, PAGES 190 THROUGH

579 193 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

580 LESS AND EXCEPT LONGLEAF RIDGE PHASE III, PER PLAT

581 THEREOF RECORDED IN PLAT BOOK 14, PAGES 66 THROUGH 72

582 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

583 LESS AND EXCEPT LONGLEAF RIDGE PHASE IV, PER PLAT

584 THEREOF RECORDED IN PLAT BOOK 14, PAGES 106 THROUGH

585 110 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

586 LESS AND EXCEPT LONGLEAF RIDGE PHASE V, PER PLAT

587 THEREOF RECORDED IN PLAT BOOK 14, PAGES 136 THROUGH

588 141 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

589 LESS AND EXCEPT LONGLEAF RIDGE PHASE VI, PER PLAT

590 THEREOF RECORDED IN PLAT BOOK 15, PAGES 107 THROUGH

591 111 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

592 LESS AND EXCEPT ON TOP OF THE WORLD COMMUNITIES

593 LONGLEAF RIDGE PHASE VIII, PER PLAT THEREOF RECORDED

594 IN PLAT BOOK 15, PAGES 193 THROUGH 196 OF THE PUBLIC

595 RECORDS OF MARION COUNTY, FLORIDA.

597 LESS AND EXCEPT (WEST MAINTENANCE PARCEL)

598 A PARCEL OF LAND LYING IN SECTIONS 15 & 22, TOWNSHIP

599 16 SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA, ALSO

600 BEING A PORTION OF CIRCLE SQUARE WOODS AS PER PLAT

601 THEREOF AS RECORDED IN PLAT BOOK P, PAGES 30 THROUGH

602 103 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA,

603 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

604 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22;

605 THENCE N.71°51'36"E., 302.72 FEET TO THE POINT OF

606 BEGINNING; THENCE N.90°00'00"E., 700.60 FEET; THENCE

607 S.00°00'00"E., 890.11 FEET; THENCE S.90°00'00"W.,

608 711.29 FEET; THENCE N.00°41'18"E., 890.17 FEET TO THE

609 POINT OF BEGINNING. SAID LANDS CONTAINING 14.43 ACRES,

610 MORE OR LESS.

612 LESS AND EXCEPT (RV PARCEL)

613 A PARCEL OF LAND LYING IN SECTIONS 15 & 22, TOWNSHIP

614 16 SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA, ALSO

615 BEING A PORTION OF CIRCLE SQUARE WOODS AS PER PLAT

616 THEREOF AS RECORDED IN PLAT BOOK P, PAGES 30 THROUGH

617 103 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA,

618 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

619 COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22;

620 THENCE N.84°33'08"E., 992.75 FEET TO THE POINT OF

621 BEGINNING; THENCE N.90°00'00"E., 750.01 FEET; THENCE

622 S.00°00'00"E., 721.91 FEET; THENCE S.89°58'14"E.,

623 21.54 FEET; THENCE S.00°26'23"E., 15.19 FEET; THENCE

624 N.89°49'34"W., 21.66 FEET; THENCE S.00°00'00"E., 90.57

625 FEET; THENCE S.45°00'00"W., 88.39 FEET; THENCE

626 S.90°00'00"W., 687.51 FEET; THENCE N.00°00'00"E.,

627 890.11 FEET TO THE POINT OF BEGINNING. SAID LANDS

628 CONTAINING 15.28 ACRES, MORE OR LESS.

630 LESS AND EXCEPT THE EAST 916.75 OF THE NORTH 905.14 OF

631 THE WEST 1/2 OF SECTION 22, TOWNSHIP 16 SOUTH. RANGE

632 20 EAST, MARION COUNTY, FLORIDA.

634 AND

636 THE N.W. 1/4 OF SECTION 27, TOWNSHIP 16 SOUTH. RANGE

637 20 EAST, MARION COUNTY, FLORIDA.

638 LESS AND EXCEPT THE SOUTH 15 FEET OF THE NW 1/4 OF

639 SAID SECTION 27,

640 LESS AND EXCEPT LONGLEAF RIDGE PHASE VI, PER PLAT

641 THEREOF RECORDED IN PLAT BOOK 15, PAGES 107 THROUGH

642 111 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.

643 LESS AND EXCEPT ON TOP OF THE WORLD COMMUNITIES

644 LONGLEAF RIDGE PHASE VII, PER PLAT THEREOF RECORDED IN

645 PLAT BOOK 15, PAGES 187 THROUGH 192 OF THE PUBLIC

646 RECORDS OF MARION COUNTY, FLORIDA.

647 LESS AND EXCEPT ON TOP OF THE WORLD COMMUNITIES

648 LONGLEAF RIDGE PHASE VIII, PER PLAT THEREOF RECORDED

649 IN PLAT BOOK 15, PAGES 193 THROUGH 196 OF THE PUBLIC

650 RECORDS OF MARION COUNTY, FLORIDA.

652 AND

654 ALL OF THE LANDS LYING IN SECTION 28, TOWNSHIP 16

655 SOUTH. RANGE 20 EAST, MARION COUNTY , FLORIDA.

656 LESS AND EXCEPT THE EAST 1/2 OF THE S.E. 1/4 OF SAID

657 SECTION 28

658 LESS AND EXCEPT THE NORTH 1/2 OF THE N.W. 1/4 OF THE

659 S.E. 1/4 OF SAID SECTION 28

660 AND

661 THE WEST 1/2 OF THE N.E. 1/4, AND THE N.W. 1/4 OF THE

662 S.E. 1/4 LYING NORTH OF THE STATE ROAD NO. 484,

663 SECTION 33, TOWNSHIP 16 SOUTH, RANGE 20 EAST. MARION

664 COUNTY, FLORIDA.

666 AND

667 THE N.E. 1/4 OF THE N.W. 1/4 LESS THE S.W. 1/4 OF THE

668 N.E. 1/4 OF THE N.W. 1/4 AND LESS THE WEST 1/2 OF THE

669 S.E. 1/4 OF THE N.E. 1/4 OF THE N.W. 1/4 OF SECTION

670 33, TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,

671 FLORIDA.

673 AND

674 THE EAST 1/4 THE S.E. 1/4 OF THE N.W. 1/4 SECTION 33,

675 TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,

676 FLORIDA.

678 AND

679 THE EAST 1/4 THE N.E. 1/4 OF THE S.W. 1/4 LYING NORTH

680 OF THE STATE ROAD NO. 484, SECTION 33, TOWNSHIP 16

681 SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA.

683 AND

684 THAT PORTION OF CIRCLE SQUARE WOODS, PER PLAT THEREOF

685 RECORDED IN PLAT BOOK "P", PAGES 30 THROUGH 103 OF THE

686 PUBLIC RECORDS OF MARION COUNTY, FLORIDA IN SECTION

687 33, TOWNSHIP 15 SOUTH, RANGE 20 EAST, MARION COUNTY,

688 FLORIDA LYING SOUTH OF THE 120 FEET WIDE STRIP OF

689 LAND ABANDONED FORMER MAIN TRACK OF RAILROAD OCALA TO

690 JULIETTE BRANCH.

692 AND

693 THE SOUTH 1/2 OF THE S.W. 1/4 OF SECTION 34, TOWNSHIP

694 15 SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA.

696 AND

697 THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS

698 BOOK 8335, PAGE 418 OF THE PUBLIC RECORDS OF MARION

699 COUNTY, FLORIDA.

701 AND

702 THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS

703 BOOK 7549, PAGE 90 OF THE PUBLIC RECORDS OF MARION

704 COUNTY, FLORIDA.

706 AND

707 THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS

708 BOOK 8278, PAGE 1677 OF THE PUBLIC RECORDS OF MARION

709 COUNTY, FLORIDA.

711 AND

712 THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS

713 BOOK 8420, PAGE 627 OF THE PUBLIC RECORDS OF MARION

714 COUNTY, FLORIDA.

716 SAID LANDS CONTAINING 5,161.21 ACRES, MORE OR LESS

718 Being subject to any rights-of-way, restrictions and easements

719 of record.

720 Section 5. Board of supervisors; members and meetings;

721 organization; powers; duties; terms of office; related election

722 requirements.—

723 (1) The board of the district shall exercise the powers

724 granted to the district pursuant to this act. The board shall

725 consist of five members, each of whom shall hold office for a

726 term of 4 years, as provided in this section, except as

727 otherwise provided herein for initial board members, and until a

728 successor is chosen and qualified. The members of the board must

729 be residents of the state and citizens of the United States.

730 (2)(a) Within 90 days after the effective date of this

731 act, there shall be held a meeting of the landowners of the

732 district for the purpose of electing five supervisors for the

733 district. Notice of the landowners' meeting shall be published

734 once a week for 2 consecutive weeks in a newspaper that is in

735 general circulation in the area of the district, the last day of

736 such publication to be not fewer than 14 days or more than 28

737 days before the date of the election. The landowners, when

738 assembled at such meeting, shall organize by electing a chair,

739 who shall conduct the meeting. The chair may be any person

740 present at the meeting. If the chair is a landowner or proxy

741 holder of a landowner, he or she may nominate candidates and

742 make and second motions. The landowners present at the meeting,

743 in person or by proxy, shall constitute a quorum. At any

744 landowners' meeting, 50 percent of the district acreage shall

745 not be required to constitute a quorum, and each governing board

746 member elected by landowners shall be elected by a majority of

747 the acreage represented either by owner or proxy present and

748 voting at said meeting.

749 (b) At such meeting, each landowner shall be entitled to

750 cast one vote per acre of land owned by him or her and located

751 within the district for each person to be elected. A landowner

752 may vote in person or by proxy in writing. Each proxy must be

753 signed by one of the legal owners of the property for which the

754 vote is cast and must contain the typed or printed name of the

755 individual who signed the proxy; the street address, legal

756 description of the property, or tax parcel identification

757 number; and the number of authorized votes. If the proxy

758 authorizes more than one vote, each property must be listed and

759 the number of acres of each property must be included. The

760 signature on a proxy need not be notarized. A fraction of an

761 acre shall be treated as 1 acre, entitling the landowner to one

762 vote with respect thereto. The three candidates receiving the

763 highest number of votes shall each be elected for terms expiring

764 November 26, 2030, and the two candidates receiving the next

765 highest number of votes shall each be elected for terms expiring

766 November 28, 2028, with the term of office for each successful

767 candidate commencing upon election. The members of the first

768 board elected by landowners shall serve their respective terms;

769 however, the next election of board members shall be held on the

770 first Tuesday after the first Monday in November 2028.

771 Thereafter, there shall be an election by landowners for the

772 district every 2 years on the first Tuesday after the first

773 Monday in November, which shall be noticed pursuant to paragraph

774 (a). The second and subsequent landowners' election shall be

775 announced at a public meeting of the board at least 90 days

776 before the date of the landowners' meeting and shall also be

777 noticed pursuant to paragraph (a). Instructions on how all

778 landowners may participate in the election, along with sample

779 proxies, shall be provided during the board meeting that

780 announces the landowners' meeting. Each supervisor elected in or

781 after November 2028 shall serve a 4-year term.

782 (3)(a)1. The board may not exercise the ad valorem taxing

783 power authorized by this act until such time as all members of

784 the board are qualified electors who are elected by qualified

785 electors of the district.

786 2.a. Regardless of whether the district has proposed to

787 levy ad valorem taxes, board members shall begin being elected

788 by qualified electors of the district as the district becomes

789 populated with qualified electors. The transition shall occur

790 such that the composition of the board, after the first general

791 election following a trigger of the qualified elector population

792 thresholds set forth below, shall be as follows:

793 (I) Once 10,000 qualified electors reside within the

794 district, one governing board member shall be a person who is a

795 qualified elector of the district and who was elected by the

796 qualified electors, and four governing board members shall be

797 persons who were elected by the landowners.

798 (II) Once 16,000 qualified electors reside within the

799 district, two governing board members shall be persons who are

800 qualified electors of the district and who were elected by the

801 qualified electors, and three governing board members shall be

802 persons elected who were by the landowners.

803 (III) Once 21,000 qualified electors reside within the

804 district, three governing board members shall be persons who are

805 qualified electors of the district and who were elected by the

806 qualified electors and two governing board members shall be

807 persons who were elected by the landowners.

808 (IV) Once 23,000 qualified electors reside within the

809 district, four governing board members shall be persons who are

810 qualified electors of the district and who were elected by the

811 qualified electors, and one governing board member shall be a

812 person who was elected by the landowners.

813 (V) Once 25,000 qualified electors reside within the

814 district, all five governing board members shall be persons who

815 are qualified electors of the district and who were elected by

816 the qualified electors.

818 Nothing in this sub-subparagraph is intended to require an

819 election prior to the expiration of an existing board member's

820 term.

821 b. On or before June 1 of each election year, the board

822 shall determine the number of qualified electors in the district

823 as of the immediately preceding April 15. The board shall use

824 and rely upon the official records maintained by the supervisor

825 of elections and property appraiser or tax collector in Marion

826 County in making this determination. Such determination shall be

827 made at a properly noticed meeting of the board and shall become

828 a part of the official minutes of the district.

829 c. All governing board members elected by qualified

830 electors shall be elected at large at an election occurring as

831 provided in subsection (2) and this subsection.

832 d. All governing board members elected by qualified

833 electors shall reside in the district.

834 e. Once the district qualifies to have any of its board

835 members elected by the qualified electors of the district, the

836 initial and all subsequent elections by the qualified electors

837 of the district shall be held at the general election in

838 November. The board shall adopt a resolution, if necessary, to

839 implement this requirement. The transition process described

840 herein is intended to be in lieu of the process set forth in s.

841 189.041, Florida Statutes.

842 (b) Elections of board members by qualified electors held

843 pursuant to this subsection shall be nonpartisan and shall be

844 conducted in the manner prescribed by law for holding general

845 elections. Board members shall assume the office on the second

846 Tuesday following their election.

847 (c) Candidates seeking election to office by qualified

848 electors under this subsection shall conduct their campaigns in

849 accordance with chapter 106, Florida Statutes, and shall file

850 qualifying papers and qualify for individual seats in accordance

851 with s. 99.061, Florida Statutes.

852 (d) The supervisor of elections shall appoint the

853 inspectors and clerks of elections, prepare and furnish the

854 ballots, designate polling places, and canvass the returns of

855 the election of board members by qualified electors. The county

856 canvassing board shall declare and certify the results of the

857 election.

858 (4) Members of the board, regardless of how elected,

859 shall be public officers, shall be known as supervisors, and,

860 upon entering into office, shall take and subscribe to the oath

861 of office as prescribed by s. 876.05, Florida Statutes. Members

862 of the board shall be subject to ethics and conflict of interest

863 laws of the state that apply to all local public officers. They

864 shall hold office for the terms for which they were elected or

865 appointed and until their successors are chosen and qualified.

866 If, during the term of office, a vacancy occurs, the remaining

867 members of the board shall fill each vacancy by an appointment

868 for the remainder of the unexpired term.

869 (5) Any elected member of the board of supervisors may be

870 removed by the Governor for malfeasance, misfeasance,

871 dishonesty, incompetency, or failure to perform the duties

872 imposed upon him or her by this act, and any vacancies that may

873 occur in such office for such reasons shall be filled by the

874 Governor as soon as practicable.

875 (6) A majority of the members of the board constitutes a

876 quorum for the purposes of conducting its business and

877 exercising its powers and for all other purposes. Action taken

878 by the district shall be upon a vote of a majority of the

879 members present unless general law or a rule of the district

880 requires a greater number.

881 (7) As soon as practicable after each election or

882 appointment, the board shall organize by electing one of its

883 members as chair and by electing a secretary, who need not be a

884 member of the board, and such other officers as the board may

885 deem necessary.

886 (8) The board shall keep a permanent record book entitled

887 "Record of Proceedings of the Uplands Stewardship District," in

888 which shall be recorded minutes of all meetings, resolutions,

889 proceedings, certificates, bonds given by all employees, and any

890 and all corporate acts. The record book and all other district

891 records shall at reasonable times be opened to inspection in the

892 same manner as state, county, and municipal records pursuant to

893 chapter 119, Florida Statutes. The record book shall be kept at

894 the office or other regular place of business maintained by the

895 board in a designated location in Marion County.

896 (9) No supervisor shall be entitled to receive

897 compensation for his or her services in excess of the limits

898 established in s. 190.006(8), Florida Statutes, or any successor

899 statute thereto; however, each supervisor shall receive travel

900 and per diem expenses as set forth in s. 112.061, Florida

901 Statutes.

902 (10) All meetings of the board shall be open to the public

903 and governed by chapter 286, Florida Statutes.

904 Section 6. Board of supervisors; general duties.—

905 (1) DISTRICT MANAGER AND EMPLOYEES.—The board shall employ

906 and fix the compensation of a district manager, who shall have

907 charge and supervision of the works of the district and shall be

908 responsible for preserving and maintaining any improvement or

909 facility constructed or erected pursuant of this act, for

910 maintaining and operating the equipment owned by the district,

911 and for performing such other duties as may be prescribed by the

912 board. It shall not be a conflict of interest or constitute an

913 abuse of public position under chapter 112, Florida Statutes,

914 for a board member, the district manager, or another employee of

915 the district to be a stockholder, officer, or employee of a

916 landowner or an affiliate of a landowner. The district manager

917 may hire or otherwise employ and terminate the employment of

918 such other persons, including, without limitation, professional,

919 supervisory, and clerical employees, as may be necessary and

920 authorized by the board. The compensation and other conditions

921 of employment of the officers and employees of the district

922 shall be as provided by the board.

923 (2) TREASURER.—The board shall designate a person who is a

924 resident of the state as treasurer of the district, who shall

925 have charge of the funds of the district. Such funds shall be

926 disbursed only upon the order of or pursuant to a resolution of

927 the board by warrant or check countersigned by the treasurer and

928 by such other person as may be authorized by the board. The

929 board may give the treasurer such other or additional powers and

930 duties as the board may deem appropriate and may fix his or her

931 compensation. The board may require the treasurer to give a bond

932 in such amount, on such terms, and with such sureties as may be

933 deemed satisfactory to the board to secure the performance by

934 the treasurer of his or her powers and duties. The financial

935 records of the board shall be audited by an independent

936 certified public accountant in accordance with the requirements

937 of general law.

938 (3) PUBLIC DEPOSITORY.—The board is authorized to select

939 as a depository for its funds any qualified public depository as

940 defined in s. 280.02, Florida Statutes, which meets all the

941 requirements of chapter 280, Florida Statutes, and has been

942 designated by the treasurer as a qualified public depository

943 upon such terms and conditions as to the payment of interest by

944 such depository upon the funds so deposited as the board may

945 deem just and reasonable.

946 (4) BUDGET; REPORTS AND REVIEWS.—

947 (a) The district shall provide financial reports in such

948 form and such manner as prescribed pursuant to this act and

949 chapter 218, Florida Statutes, as amended from time to time.

950 (b) On or before July 15 of each year, the district

951 manager shall prepare a proposed budget for the ensuing fiscal

952 year to be submitted to the board for board approval. The

953 proposed budget shall include at the direction of the board an

954 estimate of all necessary expenditures of the district for the

955 ensuing fiscal year and an estimate of income to the district

956 from the taxes and assessments provided in this act. The board

957 shall consider the proposed budget item by item and may either

958 approve the budget as proposed by the district manager or modify

959 the same in part or in whole. The board shall indicate its

960 approval of the budget by resolution, which resolution shall

961 provide for a hearing on the budget as approved. Notice of the

962 hearing on the budget shall be published in a newspaper of

963 general circulation in the area of the district once a week for

964 2 consecutive weeks, except that the first publication shall be

965 no less than 15 days prior to the date of the hearing. The

966 notice shall further contain a designation of the day, time, and

967 place of the public hearing. At the time and place designated in

968 the notice, the board shall hear all objections to the budget as

969 proposed and may make such changes as the board deems necessary.

970 At the conclusion of the budget hearing, the board shall, by

971 resolution, adopt the budget as finally approved by the board.

972 The budget shall be adopted prior to October 1 of each year.

973 (c) At least 60 days prior to adoption, the board of

974 supervisors of the district shall submit to the Board of County

975 Commissioners of Marion County, for purposes of disclosure and

976 information only, the proposed annual budget for the ensuing

977 fiscal year, and the commission may submit written comments to

978 the board of supervisors solely for the assistance and

979 information of the board of supervisors of the district in

980 adopting its annual district budget.

981 (d) The board of supervisors of the district shall submit

982 annually a public facilities report to the Board of County

983 Commissioners of Marion County pursuant to Florida Statutes. The

984 commission may use and rely on the district's public facilities

985 report in the preparation or revision of the Marion County

986 comprehensive plan.

987 (5) DISCLOSURE OF PUBLIC INFORMATION; WEB-BASED PUBLIC

988 ACCESS.—The district shall take affirmative steps to provide for

989 the full disclosure of information relating to the public

990 financing and maintenance of improvements to real property

991 undertaken by the district. Such information shall be made

992 available to all existing residents and all prospective

993 residents of the district. The district shall furnish each

994 developer of a residential development within the district with

995 sufficient copies of that information to provide each

996 prospective initial purchaser of property in that development

997 with a copy; and any developer of a residential development

998 within the district, when required by law to provide a public

999 offering statement, shall include a copy of such information

1000 relating to the public financing and maintenance of improvements

1001 in the public offering statement. The district shall file the

1002 disclosure documents required by this subsection and any

1003 amendments thereto in the property records of each county in

1004 which the district is located. By the end of the first full

1005 fiscal year of the district's creation, the district shall

1006 maintain an official Internet website in accordance with s.

1007 189.069, Florida Statutes.

1008 (6) GENERAL POWERS.—The district shall have, and the board

1009 may exercise, the following general powers:

1010 (a) To sue and be sued in the name of the district; to

1011 adopt and use a seal and authorize the use of a facsimile

1012 thereof; to acquire, by purchase, gift, devise, or otherwise,

1013 and to dispose of, real and personal property, or any estate

1014 therein; and to make and execute contracts and other instruments

1015 necessary or convenient to the exercise of its powers.

1016 (b) To apply for coverage of its employees under the

1017 Florida Retirement System in the same manner as if such

1018 employees were state employees.

1019 (c) To contract for the services of consultants to perform

1020 planning, engineering, legal, or other appropriate services of a

1021 professional nature. Such contracts shall be subject to public

1022 bidding or competitive negotiation requirements as set forth in

1023 general law applicable to independent special districts.

1024 (d) To borrow money and accept gifts; to apply for and use

1025 grants or loans of money or other property from the United

1026 States, the state, a unit of local government, or any person for

1027 any district purposes and enter into agreements required in

1028 connection therewith; and to hold, use, and dispose of such

1029 moneys or property for any district purposes in accordance with

1030 the terms of the gift, grant, loan, or agreement relating

1031 thereto.

1032 (e) To adopt and enforce rules and orders pursuant to

1033 chapter 120, Florida Statutes, prescribing the powers, duties,

1034 and functions of the officers of the district; the conduct of

1035 the business of the district; the maintenance of records; and

1036 the form of certificates evidencing tax liens and all other

1037 documents and records of the district. The board may also adopt

1038 and enforce administrative rules with respect to any of the

1039 projects of the district and define the area to be included

1040 therein. The board may also adopt resolutions which may be

1041 necessary for the conduct of district business.

1042 (f) To maintain an office at such place or places as the

1043 board of supervisors designates in Marion County and within the

1044 district when facilities are available.

1045 (g) To hold, control, and acquire by donation, purchase,

1046 or condemnation, or dispose of, any public easements,

1047 dedications to public use, platted reservations for public

1048 purposes, or any reservations for those purposes authorized by

1049 this act and to make use of such easements, dedications, or

1050 reservations for the purposes authorized by this act.

1051 (h) To lease as lessor or lessee to or from any person,

1052 firm, corporation, association, or body, public or private, any

1053 projects of the type that the district is authorized to

1054 undertake and facilities or property of any nature for the use

1055 of the district to carry out the purposes authorized by this

1056 act.

1057 (i) To borrow money and issue bonds, certificates,

1058 warrants, notes, or other evidence of indebtedness as provided

1059 herein; to levy such taxes and assessments as may be authorized;

1060 and to charge, collect, and enforce fees and other user charges.

1061 (j) To raise, by user charges or fees authorized by

1062 resolution of the board, amounts of money which are necessary

1063 for the conduct of district activities and services and to

1064 enforce their receipt and collection in the manner prescribed by

1065 resolution not inconsistent with law.

1066 (k) To exercise all powers of eminent domain now or

1067 hereafter conferred on counties in this state provided, however,

1068 that such power of eminent domain may not be exercised outside

1069 the territorial limits of the district unless the district

1070 receives prior approval by vote of a resolution of the governing

1071 body of the county if the taking will occur in an unincorporated

1072 area in that county, or the governing body of the city if the

1073 taking will occur in an incorporated area. The district shall

1074 not have the power to exercise eminent domain over municipal,

1075 county, state, or federal property. The powers hereinabove

1076 granted to the district shall be so construed to enable the

1077 district to fulfill the objects and purposes of the district as

1078 set forth in this act.

1079 (l) To cooperate with, or contract with, other

1080 governmental agencies as may be necessary, convenient,

1081 incidental, or proper in connection with any of the powers,

1082 duties, or purposes authorized by this act.

1083 (m) To assess and to impose upon lands in the district ad

1084 valorem taxes as provided by this act.

1085 (n) If and when authorized by general law, to determine,

1086 order, levy, impose, collect, and enforce maintenance taxes.

1087 (o) To determine, order, levy, impose, collect, and

1088 enforce assessments pursuant to this act and chapter 170,

1089 Florida Statutes, as amended from time to time, pursuant to

1090 authority granted in s. 197.3631, Florida Statutes, or pursuant

1091 to other general laws, now or hereafter enacted, which provide

1092 or authorize a supplemental means to order, levy, impose, or

1093 collect special assessments. Such special assessments, in the

1094 discretion of the district, may be collected and enforced

1095 pursuant to ss. 197.3632 and 197.3635, Florida Statutes, and

1096 chapters 170 and 173, Florida Statutes, as they may be amended

1097 from time to time, or as provided by this act, or by other means

1098 authorized by general law now or hereafter enacted. The district

1099 may levy such special assessments for the purposes enumerated in

1100 this act and to pay special assessments imposed by Marion County

1101 on lands within the district.

1102 (p) To exercise such special powers and other express

1103 powers as may be authorized and granted by this act in the

1104 charter of the district, including powers as provided in any

1105 interlocal agreement entered into pursuant to chapter 163,

1106 Florida Statutes, or which shall be required or permitted to be

1107 undertaken by the district pursuant to any development order,

1108 including any detailed specific area plan development order, or

1109 any interlocal service agreement with Marion County or other

1110 unit of government for fair-share capital construction funding

1111 for any certain capital facilities or systems required of a

1112 developer pursuant to any applicable development order or

1113 agreement.

1114 (q) To exercise all of the powers necessary, convenient,

1115 incidental, or proper in connection with any other powers or

1116 duties or the special and limited purpose of the district

1117 authorized by this act.

1119 This subsection shall be construed liberally in order to carry

1120 out effectively the special and limited purpose of this act.

1121 (7) SPECIAL POWERS.—The district shall have, and the board

1122 may exercise, the following special powers to implement its

1123 lawful and special purpose and to provide, pursuant to that

1124 purpose, systems, facilities, services, improvements, projects,

1125 works, and infrastructure, each of which constitutes a lawful

1126 public purpose when exercised pursuant to this charter, subject

1127 to, and not inconsistent with, general law regarding utility

1128 providers' territorial and service agreements, the regulatory

1129 jurisdiction and permitting authority of all other applicable

1130 governmental bodies, agencies, and any special districts having

1131 authority with respect to any area included therein, and to

1132 plan, establish, acquire, construct or reconstruct, enlarge or

1133 extend, equip, operate, finance, fund, and maintain

1134 improvements, systems, facilities, services, works, projects,

1135 and infrastructure. Any or all of the following special powers

1136 are granted by this act in order to implement the special and

1137 limited purpose of the district but do not constitute

1138 obligations to undertake such improvements, systems, facilities,

1139 services, works, projects, or infrastructure:

1140 (a) To provide water management and control for the lands

1141 within the district, including irrigation systems and

1142 facilities, and to connect some or any of such facilities with

1143 roads and bridges. In the event that the board assumes the

1144 responsibility for providing water management and control for

1145 the district which is to be financed by benefit special

1146 assessments, the board shall adopt plans and assessments

1147 pursuant to law or may proceed to adopt water management and

1148 control plans, assess for benefits, and apportion and levy

1149 special assessments, as follows:

1150 1. The board shall cause to be made by the district's

1151 engineer, or such other engineer or engineers as the board may

1152 employ for that purpose, complete and comprehensive water

1153 management and control plans for the lands located within the

1154 district that will be improved in any part or in whole by any

1155 system of facilities that may be outlined and adopted, and the

1156 engineer shall make a report in writing to the board with maps

1157 and profiles of said surveys and an estimate of the cost of

1158 carrying out and completing the plans.

1159 2. Upon the completion of such plans, the board shall hold

1160 a hearing thereon to hear objections thereto, shall give notice

1161 of the time and place fixed for such hearing by publication once

1162 each week for 2 consecutive weeks in a newspaper of general

1163 circulation in the general area of the district, and shall

1164 permit the inspection of the plan at the office of the district

1165 by all persons interested. All objections to the plan shall be

1166 filed at or before the time fixed in the notice for the hearing

1167 and shall be in writing.

1168 3. After the hearing, the board shall consider the

1169 proposed plan and any objections thereto and may modify, reject,

1170 or adopt the plan or continue the hearing until a day certain

1171 for further consideration of the proposed plan or modifications

1172 thereof.

1173 4. When the board approves a plan, a resolution shall be

1174 adopted and a certified copy thereof shall be filed in the

1175 office of the secretary and incorporated by him or her into the

1176 records of the district.

1177 5. The water management and control plan may be altered in

1178 detail from time to time until the engineer's report pursuant to

1179 s. 298.301, Florida Statutes, is filed but not in such manner as

1180 to affect materially the conditions of its adoption. After the

1181 engineer's report has been filed, no alteration of the plan

1182 shall be made, except as provided by this act.

1183 6. Within 20 days after the final adoption of the plan by

1184 the board, the board shall proceed pursuant to s. 298.301,

1185 Florida Statutes.

1186 (b) To provide utility systems, water supply, sewer,

1187 wastewater, and reclaimed water management, reclamation, and

1188 reuse, or any combination thereof, and any irrigation systems,

1189 facilities, and services and to construct and operate water

1190 systems, sewer systems, irrigation systems, and reclaimed water

1191 systems such as connecting intercepting or outlet sewers and

1192 sewer mains and pipes and water mains, conduits, or pipelines

1193 in, along, and under any street, alley, highway, or other public

1194 place or ways, and to dispose of any water, effluent, residue,

1195 or other byproducts of such water system, sewer system,

1196 irrigation system, or reclaimed water system and to enter into

1197 interlocal agreements and other agreements with public or

1198 private entities for the same.

1199 (c) To provide bridges, culverts, wildlife corridors, or

1200 road crossings that may be needed across any drain, ditch,

1201 canal, floodway, holding basin, excavation, public highway,

1202 tract, grade, fill, or cut and roadways over levees and

1203 embankments, and to construct any and all of such works and

1204 improvements across, through, or over any public right-of-way,

1205 highway, grade, fill, or cut.

1206 (d) To provide district roads or other roads equal to or

1207 exceeding the specifications of the county in which such

1208 district roads or other roads are located, and to provide street

1209 lights. This special power includes, but is not limited to,

1210 roads, parkways, intersections, bridges, landscaping,

1211 hardscaping, irrigation, bicycle lanes, sidewalks, jogging

1212 paths, golf cart paths, multimodal and multiuse pathways and

1213 trails, street lighting, traffic signals, regulatory or

1214 informational signage, road striping, underground conduit,

1215 underground cable or fiber or wire installed pursuant to an

1216 agreement with or tariff of a retail provider of services, and

1217 all other customary elements of a functioning modern road system

1218 in general or as tied to the conditions of development approval

1219 for the area within and without the district, and parking

1220 facilities that are freestanding or that may be related to any

1221 innovative strategic intermodal system of transportation

1222 pursuant to applicable federal, state, and local law and

1223 ordinance.

1224 (e) To provide buses, trolleys, rail access, mass transit

1225 facilities, transit shelters, ridesharing facilities and

1226 services, parking improvements, and related signage.

1227 (f) To provide investigation and remediation costs

1228 associated with the cleanup of actual or perceived environmental

1229 contamination within the district under the supervision or

1230 direction of a competent governmental authority unless the

1231 covered costs benefit any person who is a landowner within the

1232 district and who caused or contributed to the contamination.

1233 (g) To provide observation areas, mitigation areas,

1234 wetland creation areas, and wildlife habitat, including the

1235 maintenance of any plant or animal species, and any related

1236 interest in real or personal property.

1237 (h) Using its general and special powers as set forth in

1238 this act, to provide any other project within or without the

1239 boundaries of the district when the project is the subject of an

1240 agreement between the district and the Board of County

1241 Commissioners of Marion County or with any other applicable

1242 public or private entity, and is not inconsistent with the

1243 effective local comprehensive plans.

1244 (i) To provide parks and facilities for indoor and outdoor

1245 recreational, cultural, and educational uses.

1246 (j) To serve the public interest by providing new

1247 recreational trails that are interconnected with existing trails

1248 located within the Marjorie Harris Carr Cross Florida Greenway.

1249 Such trails will provide hiking, biking, and equestrian

1250 recreational opportunities consistent with the policy of the

1251 Board of Trustees of the Internal Improvement Trust Fund

1252 encouraging public access upon state-owned uplands.

1253 (k) To provide school buildings and related structures,

1254 which may be leased, sold, or donated to the school district,

1255 for use in the educational system when authorized by the

1256 district school board.

1257 (l) To provide security, including electronic intrusion-

1258 detection systems and patrol vehicles, when authorized by proper

1259 governmental agencies, and to contract with the appropriate

1260 local general-purpose government agencies for an increased level

1261 of such services within the district boundaries. However, this

1262 paragraph does not prohibit the district from contracting with a

1263 towing operator to remove a vehicle or vessel from a district-

1264 owned facility or property if the district follows the

1265 authorization and notice and procedural requirements in s.

1266 715.07, Florida Statutes, for an owner or lessee of private

1267 property. The district's selection of a towing operator is not

1268 subject to public bidding if the towing operator is included in

1269 an approved list of tow operators maintained by the local

1270 government that has jurisdiction over the district's facility or

1271 property.

1272 (m) To provide control and elimination of mosquitoes and

1273 other arthropods of public health importance.

1274 (n) To enter into impact fee, mobility fee, or other

1275 similar credit agreements with Marion County or other

1276 governmental bodies or a landowner developer and to sell or

1277 assign such credits, on such terms as the district deems

1278 appropriate.

1279 (o) To provide buildings and structures for district

1280 offices; maintenance facilities; meeting facilities; town

1281 centers; stadiums; recreational facilities such as, but not

1282 limited to, sports fields, aquatic facilities, and sports

1283 courts; or any other project authorized or granted by this act.

1284 (p) To establish and create, at noticed meetings, such

1285 departments of the board of supervisors of the district, as well

1286 as committees, task forces, boards, or commissions, or other

1287 agencies under the supervision and control of the district, as

1288 from time to time the members of the board may deem necessary or

1289 desirable in the performance of the acts or other things

1290 necessary to exercise the board's general or special powers to

1291 implement an innovative project to carry out the special and

1292 limited purpose of the district as provided in this act and to

1293 delegate the exercise of its powers to such departments, boards,

1294 task forces, committees, or other agencies, and such

1295 administrative duties and other powers as the board may deem

1296 necessary or desirable, but only if there is a set of expressed

1297 limitations for accountability, notice, and periodic written

1298 reporting to the board that shall retain the powers of the

1299 board.

1300 (q) To provide electrical, sustainable, or green

1301 infrastructure improvements, facilities, and services,

1302 including, but not limited to, recycling of natural resources,

1303 reduction of energy demands, development and generation of

1304 alternative or renewable energy sources and technologies,

1305 mitigation of urban heat islands, sequestration, capping or

1306 trading of carbon emissions or carbon emissions credits, LEED or

1307 Florida Green Building Coalition certification, and development

1308 of facilities and improvements for low-impact development and to

1309 enter into joint ventures, public-private partnerships, and

1310 other agreements and to grant such easements as may be necessary

1311 to accomplish the foregoing. Nothing herein shall authorize the

1312 district to provide electric service to retail customers or

1313 otherwise act to impair electric utility franchise agreements.

1314 (r) To provide for any facilities or improvements that may

1315 otherwise be provided for by any county or municipality,

1316 including, but not limited to, libraries, annexes, substations,

1317 and other buildings to house public officials, staff, and

1318 employees.

1319 (s) To provide waste collection and disposal.

1320 (t) To provide for the construction and operation of

1321 communications systems and related infrastructure for the

1322 carriage and distribution of communications services, and to

1323 enter into joint ventures, public-private partnerships, and

1324 other agreements and to grant such easements as may be necessary

1325 to accomplish the foregoing. The term "communications systems"

1326 means all facilities, buildings, equipment, items, and methods

1327 necessary or desirable in order to provide communications

1328 services, including, without limitation, fiber, wires, cables,

1329 conduits, electronic equipment, switches, wireless cell sites,

1330 computers, modems, antennas, satellite antennae sites,

1331 transmission facilities, network facilities, and appurtenant

1332 devices necessary and appropriate to support the provision of

1333 communications services. The term "communications services"

1334 includes, without limitation, all forms of broadband services,

1335 wireless communications services, and other communications or

1336 data transmissions services that enable users to access the

1337 Internet and internet-related services, such as, but not limed

1338 to, voice telephone or similar services provided by voiceover

1339 Internet protocol, cable television, data transmission services,

1340 electronic security monitoring services, and multichannel video

1341 programming distribution services. Nothing herein authorizes the

1342 district to provide communications services to retail customers

1343 or otherwise act to impair existing service provider franchise

1344 agreements; however, the district may contract with such

1345 providers for resale purposes.

1346 (u) To provide health care facilities and to enter into

1347 public-private partnerships and agreements as may be necessary

1348 to accomplish the foregoing.

1349 (v) To coordinate, work with, and, as the board deems

1350 appropriate, enter into interlocal agreements with any public or

1351 private entity for the provision of an institution or

1352 institutions of higher education.

1353 (w) To coordinate, work with, and as the board deems

1354 appropriate, enter into public-private partnerships and

1355 agreements as may be necessary or useful to effectuate the

1356 purposes of this act.

1358 The enumeration of special powers herein shall not be deemed

1359 exclusive or restrictive but shall be deemed to incorporate all

1360 powers express or implied necessary or incidental to carrying

1361 out such enumerated special powers, including also the general

1362 powers provided by this special act charter to the district to

1363 implement its purposes. Further, this subsection shall be

1364 construed liberally in order to carry out effectively the

1365 special and limited purpose of this district under this act.

1366 (8) ISSUANCE OF BOND ANTICIPATION NOTES.—In addition to

1367 the other powers provided for in this act, and not in limitation

1368 thereof, the district shall have the power, at any time and from

1369 time to time after the issuance of any bonds of the district

1370 shall have been authorized, to borrow money for the purposes for

1371 which such bonds are to be issued in anticipation of the receipt

1372 of the proceeds of the sale of such bonds and to issue bond

1373 anticipation notes in a principal sum not in excess of the

1374 authorized maximum amount of such bond issue. Such notes shall

1375 be in such denomination or denominations, bear interest at such

1376 rate not to exceed the maximum rate allowed by general law,

1377 mature at such time or times not later than 5 years from the

1378 date of issuance, and be in such form and executed in such

1379 manner as the board shall prescribe. Such notes may be sold at

1380 either public or private sale or, if such notes shall be renewal

1381 notes, may be exchanged for notes then outstanding on such terms

1382 as the board shall determine. Such notes shall be paid from the

1383 proceeds of such bonds when issued. The board may, in its

1384 discretion, in lieu of retiring the notes by means of bonds,

1385 retire them by means of current revenues or from any taxes or

1386 assessments levied for the payment of such bonds, but, in such

1387 event, a like amount of the bonds authorized shall not be

1388 issued.

1389 (9) BORROWING.—The district at any time may obtain loans,

1390 in such amount and on such terms and conditions as the board may

1391 approve, for the purpose of paying any of the expenses of the

1392 district or any costs incurred or that may be incurred in

1393 connection with any of the projects of the district, which loans

1394 shall bear interest as the board determines, not to exceed the

1395 maximum rate allowed by general law, and may be payable from and

1396 secured by a pledge of such funds, revenues, taxes, and

1397 assessments as the board may determine, subject, however, to the

1398 provisions contained in any proceeding under which bonds were

1399 theretofore issued and are then outstanding. For the purpose of

1400 defraying such costs and expenses, the district may issue

1401 negotiable notes, warrants, or other evidences of debt to be

1402 payable at such times and to bear such interest as the board may

1403 determine, not to exceed the maximum rate allowed by general

1404 law, and to be sold or discounted at such price or prices not

1405 less than 95 percent of par value and on such terms as the board

1406 may deem advisable. The board shall have the right to provide

1407 for the payment thereof by pledging the whole or any part of the

1408 funds, revenues, taxes, and assessments of the district or by

1409 covenanting to budget and appropriate from such funds. The

1410 approval of the electors residing in the district shall not be

1411 necessary except when required by the State Constitution.

1412 (10) BONDS.—

1413 (a) Sale of bonds.—Bonds may be sold in blocks or

1414 installments at different times, or an entire issue or series

1415 may be sold at one time. Bonds may be sold at public or private

1416 sale after such advertisement, if any, as the board may deem

1417 advisable, but not in any event at less than 90 percent of the

1418 par value thereof, together with accrued interest thereon. Bonds

1419 may be sold or exchanged for refunding bonds. Special assessment

1420 and revenue bonds may be delivered by the district as payment of

1421 the purchase price of any project or part thereof, or a

1422 combination of projects or parts thereof, or as the purchase

1423 price or exchange for any property, real, personal, or mixed,

1424 including franchises or services rendered by any contractor,

1425 engineer, or other person, all at one time or in blocks from

1426 time to time, in such manner and upon such terms as the board in

1427 its discretion shall determine. The price or prices for any

1428 bonds sold, exchanged, or delivered may be:

1429 1. The money paid for the bonds.

1430 2. The principal amount, plus accrued interest to the date

1431 of redemption or exchange, or outstanding obligations exchanged

1432 for refunding bonds.

1433 3. In the case of special assessment or revenue bonds, the

1434 amount of any indebtedness to contractors or other persons paid

1435 with such bonds, or the fair value of any properties exchanged

1436 for the bonds, as determined by the board.

1437 (b) Authorization and form of bonds.—Any general

1438 obligation bonds, special assessment bonds, or revenue bonds may

1439 be authorized by resolution or resolutions of the board which

1440 shall be adopted by a majority of all the members thereof then

1441 in office. Such resolution or resolutions may be adopted at the

1442 same meeting at which they are introduced and need not be

1443 published or posted. The board may, by resolution, authorize the

1444 issuance of bonds and fix the aggregate amount of bonds to be

1445 issued; the purpose or purposes for which the moneys derived

1446 therefrom shall be expended, including, but not limited to,

1447 payment of costs as defined in section 2(2)(h); the rate or

1448 rates of interest, not to exceed the maximum rate allowed by

1449 general law; the denomination of the bonds; whether or not the

1450 bonds are to be issued in one or more series; the date or dates

1451 of maturity, which shall not exceed 40 years from their

1452 respective dates of issuance; the medium of payment; the place

1453 or places within or without the state at which payment shall be

1454 made; registration privileges; redemption terms and privileges,

1455 whether with or without premium; the manner of execution; the

1456 form of the bonds, including any interest coupons to be attached

1457 thereto; the manner of execution of bonds and coupons; and any

1458 and all other terms, covenants, and conditions thereof and the

1459 establishment of revenue or other funds. Such authorizing

1460 resolution or resolutions may further provide for the contracts

1461 authorized by s. 159.825(1)(f) and (g), Florida Statutes,

1462 regardless of the tax treatment of such bonds being authorized,

1463 subject to the finding by the board of a net saving to the

1464 district resulting by reason thereof. Such authorizing

1465 resolution may further provide that such bonds may be executed

1466 in accordance with the Registered Public Obligations Act, except

1467 that bonds not issued in registered form shall be valid if

1468 manually countersigned by an officer designated by appropriate

1469 resolution of the board. The seal of the district may be

1470 affixed, lithographed, engraved, or otherwise reproduced in

1471 facsimile on such bonds. In case any officer whose signature

1472 shall appear on any bonds or coupons shall cease to be such

1473 officer before the delivery of such bonds, such signature or

1474 facsimile shall nevertheless be valid and sufficient for all

1475 purposes the same as if he or she had remained in office until

1476 such delivery.

1477 (c) Interim certificates; replacement certificates.—

1478 Pending the preparation of definitive bonds, the board may issue

1479 interim certificates or receipts or temporary bonds, in such

1480 form and with such provisions as the board may determine,

1481 exchangeable for definitive bonds when such bonds have been

1482 executed and are available for delivery. The board may also

1483 provide for the replacement of any bonds which become mutilated,

1484 lost, or destroyed.

1485 (d) Negotiability of bonds.—Any bond issued under this act

1486 or any temporary bond, in the absence of an express recital on

1487 the face thereof that it is nonnegotiable, shall be fully

1488 negotiable and shall be and constitute a negotiable instrument

1489 within the meaning and for all purposes of the law merchant and

1490 the laws of the state.

1491 (e) Defeasance.—The board may make such provision with

1492 respect to the defeasance of the right, title, and interest of

1493 the holders of any of the bonds and obligations of the district

1494 in any revenues, funds, or other properties by which such bonds

1495 are secured as the board deems appropriate and, without

1496 limitation on the foregoing, may provide that when such bonds or

1497 obligations become due and payable or shall have been called for

1498 redemption and the whole amount of the principal and interest

1499 and premium, if any, due and payable upon the bonds or

1500 obligations then outstanding shall be held in trust for such

1501 purpose, and provision shall also be made for paying all other

1502 sums payable in connection with such bonds or other obligations,

1503 then and in such event the right, title, and interest of the

1504 holders of the bonds in any revenues, funds, or other properties

1505 by which such bonds are secured shall thereupon cease,

1506 terminate, and become void; and the board may apply any surplus

1507 in any sinking fund established in connection with such bonds or

1508 obligations and all balances remaining in all other funds or

1509 accounts other than moneys held for the redemption or payment of

1510 the bonds or other obligations to any lawful purpose of the

1511 district as the board shall determine.

1512 (f) Issuance of additional bonds.—If the proceeds of any

1513 bonds are less than the cost of completing the project in

1514 connection with which such bonds were issued, the board may

1515 authorize the issuance of additional bonds, upon such terms and

1516 conditions as the board may provide in the resolution

1517 authorizing the issuance thereof, but only in compliance with

1518 the resolution or other proceedings authorizing the issuance of

1519 the original bonds.

1520 (g) Refunding bonds.—The district shall have the power to

1521 issue bonds to provide for the retirement or refunding of any

1522 bonds or obligations of the district that at the time of such

1523 issuance are or subsequent thereto become due and payable, or

1524 that at the time of issuance have been called or are, or will

1525 be, subject to call for redemption within 10 years thereafter,

1526 or the surrender of which can be procured from the holders

1527 thereof at prices satisfactory to the board. Refunding bonds may

1528 be issued at any time that, in the judgment of the board, such

1529 issuance will be advantageous to the district. No approval of

1530 the qualified electors residing in the district shall be

1531 required for the issuance of refunding bonds except in cases in

1532 which such approval is required by the State Constitution. The

1533 board may by resolution confer upon the holders of such

1534 refunding bonds all rights, powers, and remedies to which the

1535 holders would be entitled if they continued to be the owners and

1536 had possession of the bonds for the refinancing of which such

1537 refunding bonds are issued, including, but not limited to, the

1538 preservation of the lien of such bonds on the revenues of any

1539 project or on pledged funds, without extinguishment, impairment,

1540 or diminution thereof. The provisions of this act pertaining to

1541 bonds of the district shall, unless the context otherwise

1542 requires, govern the issuance of refunding bonds, the form and

1543 other details thereof, the rights of the holders thereof, and

1544 the duties of the board with respect thereto.

1545 (h) Revenue bonds.—

1546 1. The district shall have the power to issue revenue

1547 bonds from time to time without limitation as to amount. Such

1548 revenue bonds may be secured by, or payable from, the gross or

1549 net pledge of the revenues to be derived from any project or

1550 combination of projects; from the rates, fees, or other charges

1551 to be collected from the users of any project or projects; from

1552 any revenue-producing undertaking or activity of the district;

1553 from special assessments; from benefit special assessments; or

1554 from any other source or pledged security. Such bonds shall not

1555 constitute an indebtedness of the district, and the approval of

1556 the qualified electors shall not be required unless such bonds

1557 are additionally secured by the full faith and credit and taxing

1558 power of the district.

1559 2. Any two or more projects may be combined and

1560 consolidated into a single project and may hereafter be operated

1561 and maintained as a single project. The revenue bonds authorized

1562 herein may be issued to finance any one or more of such

1563 projects, regardless of whether such projects have been combined

1564 and consolidated into a single project. If the board deems it

1565 advisable, the proceedings authorizing such revenue bonds may

1566 provide that the district may thereafter combine the projects

1567 then being financed or theretofore financed with other projects

1568 to be subsequently financed by the district and that revenue

1569 bonds to be thereafter issued by the district shall be on parity

1570 with the revenue bonds then being issued, all on such terms,

1571 conditions, and limitations as shall have been provided in the

1572 proceeding which authorized the original bonds.

1573 (i) General obligation bonds.—

1574 1. Subject to the limitations of this charter, the

1575 district shall have the power from time to time to issue general

1576 obligation bonds to finance or refinance capital projects or to

1577 refund outstanding bonds in an aggregate principal amount of

1578 bonds outstanding at any one time not in excess of 35 percent of

1579 the assessed value of the taxable property within the district

1580 as shown on the pertinent tax records at the time of the

1581 authorization of the general obligation bonds for which the full

1582 faith and credit of the district is pledged. Except for

1583 refunding bonds, no general obligation bonds shall be issued

1584 unless the bonds are issued to finance or refinance a capital

1585 project and the issuance has been approved at an election held

1586 in accordance with the requirements for such election as

1587 prescribed by the State Constitution. Such elections shall be

1588 called to be held in the district by the Supervisor of Elections

1589 of Marion County upon the request of the board of the district.

1590 The expenses of calling and holding an election shall be at the

1591 expense of the district and the district shall reimburse the

1592 county for any expenses incurred in calling or holding such

1593 election.

1594 2. The district may pledge its full faith and credit for

1595 the payment of the principal and interest on such general

1596 obligation bonds and for any reserve funds provided therefor and

1597 may unconditionally and irrevocably pledge itself to levy ad

1598 valorem taxes on all taxable property in the district, to the

1599 extent necessary for the payment thereof, without limitation as

1600 to rate or amount.

1601 3. If the board determines to issue general obligation

1602 bonds for more than one capital project, the approval of the

1603 issuance of the bonds for each and all such projects may be

1604 submitted to the electors on one and the same ballot. The

1605 failure of the electors to approve the issuance of bonds for any

1606 one or more capital projects shall not defeat the approval of

1607 bonds for any capital project which has been approved by the

1608 electors.

1609 4. In arriving at the amount of general obligation bonds

1610 permitted to be outstanding at any one time pursuant to

1611 subparagraph 1., there shall not be included any general

1612 obligation bonds that are additionally secured by the pledge of:

1613 a. Any assessments levied in an amount sufficient to pay

1614 the principal and interest on the general obligation bonds so

1615 additionally secured, which assessments have been equalized and

1616 confirmed by resolution of the board pursuant to this act or s.

1617 170.08, Florida Statutes.

1618 b. Water revenues, sewer revenues, or water and sewer

1619 revenues of the district to be derived from user fees in an

1620 amount sufficient to pay the principal and interest on the

1621 general obligation bonds so additionally secured.

1622 c. Any combination of assessments and revenues described

1623 in sub-subparagraphs a. and b.

1624 (j) Bonds as legal investment or security.—

1625 1. Notwithstanding any other law to the contrary, all

1626 bonds issued under this act shall constitute legal investments

1627 for savings banks, banks, trust companies, insurance companies,

1628 executors, administrators, trustees, guardians, and other

1629 fiduciaries and for any board, body, agency, instrumentality,

1630 county, municipality, or other political subdivision of the

1631 state and shall be and constitute security which may be

1632 deposited by banks or trust companies as security for deposits

1633 of state, county, municipal, or other public funds or by

1634 insurance companies as required or voluntary statutory deposits.

1635 2. Any bonds issued by the district shall be incontestable

1636 in the hands of bona fide purchasers or holders for value and

1637 shall not be invalid because of any irregularity or defect in

1638 the proceedings for the issue and sale thereof.

1639 (k) Covenants.—Any resolution authorizing the issuance of

1640 bonds may contain such covenants as the board may deem

1641 advisable, and all such covenants shall constitute valid and

1642 legally binding and enforceable contracts between the district

1643 and the bondholders, regardless of the time of issuance thereof.

1644 Such covenants may include, without limitation, covenants

1645 concerning the disposition of the bond proceeds; the use and

1646 disposition of project revenues; the pledging of revenues,

1647 taxes, and assessments; the obligations of the district with

1648 respect to the operation of the project and the maintenance of

1649 adequate project revenues; the issuance of additional bonds; the

1650 appointment, powers, and duties of trustees and receivers; the

1651 acquisition of outstanding bonds and obligations; restrictions

1652 on the establishing of competing projects or facilities;

1653 restrictions on the sale or disposal of the assets and property

1654 of the district; the priority of assessment liens; the priority

1655 of claims by bondholders on the taxing power of the district;

1656 the maintenance of deposits to ensure the payment of revenues by

1657 users of district facilities and services; the discontinuance of

1658 district services by reason of delinquent payments; acceleration

1659 upon default; the execution of necessary instruments; the

1660 procedure for amending or abrogating covenants with the

1661 bondholders; and such other covenants as may be deemed necessary

1662 or desirable for the security of the bondholders.

1663 (l) Validation proceedings.—The power of the district to

1664 issue bonds under this act may be determined, and any of the

1665 bonds of the district maturing over a period of more than 5

1666 years shall be validated and confirmed, by court decree, under

1667 chapter 75, Florida Statutes, and laws amendatory thereof or

1668 supplementary thereto.

1669 (m) Tax exemption.—To the extent allowed by general law,

1670 all bonds issued hereunder and interest paid thereon and all

1671 fees, charges, and other revenues derived by the district from

1672 the projects provided by this act are exempt from all taxes by

1673 the state or by any political subdivision, agency, or

1674 instrumentality thereof; however, any interest, income, or

1675 profits on debt obligations issued hereunder are not exempt from

1676 the tax imposed by chapter 220, Florida Statutes. Further, the

1677 district is not exempt from chapter 212, Florida Statutes.

1678 (n) Application of s. 189.051, Florida Statutes.—Bonds

1679 issued by the district shall meet the criteria set forth in s.

1680 189.051, Florida Statutes.

1681 (o) Act furnishes full authority for issuance of bonds.—

1682 This act constitutes full and complete authority for the

1683 issuance of bonds and the exercise of the powers of the district

1684 provided herein. No procedures or proceedings, publications,

1685 notices, consents, approvals, orders, acts, or things by the

1686 board, or any board, officer, commission, department, agency, or

1687 instrumentality of the district, other than those required by

1688 this act, shall be required to perform anything under this act,

1689 except that the issuance or sale of bonds pursuant to this act

1690 shall comply with the general law requirements applicable to the

1691 issuance or sale of bonds by the district. Nothing in this act

1692 shall be construed to authorize the district to utilize bond

1693 proceeds to fund the ongoing operations of the district.

1694 (p) Pledge by the state to the bondholders of the

1695 district.—The state pledges to the holders of any bonds issued

1696 under this act that it will not limit or alter the rights of the

1697 district to own, acquire, construct, reconstruct, improve,

1698 maintain, operate, or furnish the projects or to levy and

1699 collect the taxes, assessments, rentals, rates, fees, and other

1700 charges provided for herein and to fulfill the terms of any

1701 agreement made with the holders of such bonds or other

1702 obligations and that it will not in any way impair the rights or

1703 remedies of such holders.

1704 (q) Default.—A default on the bonds or obligations of the

1705 district shall not constitute a debt or obligation of the state

1706 or any general-purpose local government of the state. In the

1707 event of a default or dissolution of the district, no general-

1708 purpose local government shall be required to assume the

1709 property of the district, the debts of the district, or the

1710 district's obligations to complete any infrastructure

1711 improvements or provide any services to the district. Section

1712 189.076(2), Florida Statutes, shall not apply to the district.

1713 (11) TRUST AGREEMENTS.—Any issue of bonds shall be secured

1714 by a trust agreement or resolution by and between the district

1715 and a corporate trustee or trustees, which may be any trust

1716 company or bank having the powers of a trust company within or

1717 without the state. The resolution authorizing the issuance of

1718 the bonds or such trust agreement may pledge the revenues to be

1719 received from any projects of the district and may contain such

1720 provisions for protecting and enforcing the rights and remedies

1721 of the bondholders as the board may approve, including, without

1722 limitation, covenants setting forth the duties of the district

1723 in relation to: the acquisition, construction, reconstruction,

1724 improvement, maintenance, repair, operation, and insurance of

1725 any projects; the fixing and revising of the rates, fees, and

1726 charges; and the custody, safeguarding, and application of all

1727 moneys and for the employment of consulting engineers in

1728 connection with such acquisition, construction, reconstruction,

1729 improvement, maintenance, repair, or operation. It shall be

1730 lawful for any bank or trust company within or without the state

1731 which may act as a depository of the proceeds of bonds or of

1732 revenues to furnish such indemnifying bonds or to pledge such

1733 securities as may be required by the district. Such resolution

1734 or trust agreement may set forth the rights and remedies of the

1735 bondholders and of the trustee, if any, and may restrict the

1736 individual right of action by bondholders. The board may provide

1737 for the payment of proceeds of the sale of the bonds and the

1738 revenues of any project to such officer, board, or depository as

1739 it may designate for the custody thereof and may provide for the

1740 method of disbursement thereof with such safeguards and

1741 restrictions as it may determine. All expenses incurred in

1742 carrying out the provisions of such resolution or trust

1743 agreement may be treated as part of the cost of operation of the

1744 project to which such resolution or trust agreement pertains.

1745 (12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL

1746 ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL

1747 ASSESSMENTS; MAINTENANCE TAXES.—

1748 (a) Ad valorem taxes.—At such time as all members of the

1749 board are qualified electors who are elected by qualified

1750 electors of the district, the board shall have the power to levy

1751 and assess an ad valorem tax on all the taxable property in the

1752 district to construct, operate, and maintain assessable

1753 improvements; to pay the principal of, and interest on, any

1754 general obligation bonds of the district; and to provide for any

1755 sinking or other funds established in connection with any such

1756 bonds. An ad valorem tax levied by the board for operating

1757 purposes, exclusive of debt service on bonds, shall not exceed 3

1758 mills. The ad valorem tax provided for herein shall be in

1759 addition to county and all other ad valorem taxes provided for

1760 by law. Such tax shall be assessed, levied, and collected in the

1761 same manner and at the same time as county taxes. The levy of ad

1762 valorem taxes must be approved by referendum as required by s.

1763 9, Article VII of the State Constitution and held at a general

1764 election.

1765 (b) Benefit special assessments.—The board annually shall

1766 determine, order, and levy the annual installment of the total

1767 benefit special assessments for bonds issued and related

1768 expenses to finance assessable improvements. These assessments

1769 may be due and collected during each year county taxes are due

1770 and collected, in which case such annual installment and levy

1771 shall be evidenced to and certified to the property appraiser by

1772 the board not later than August 31 of each year. Such assessment

1773 shall be entered by the property appraiser on the county tax

1774 rolls and shall be collected and enforced by the tax collector

1775 in the same manner and at the same time as county taxes, and the

1776 proceeds thereof shall be paid to the district. However, this

1777 paragraph shall not prohibit the district in its discretion from

1778 using the method prescribed in s. 197.3632, Florida Statutes, or

1779 chapter 173, Florida Statutes, as each may be amended from time

1780 to time, for collecting and enforcing these assessments. Each

1781 annual installment of benefit special assessments shall be a

1782 lien on the property against which assessed until paid and shall

1783 be enforceable in like manner as county taxes. The amount of the

1784 assessment for the exercise of the district's powers under

1785 subsections (6) and (7) shall be determined by the board based

1786 upon a report of the district's engineer and assessed by the

1787 board upon such lands, which may be part or all of the lands

1788 within the district benefited by the improvement, apportioned

1789 between benefited lands in proportion to the benefits received

1790 by each tract of land. The board may, if it determines it is in

1791 the best interests of the district, set forth in the proceedings

1792 initially levying such benefit special assessments or in

1793 subsequent proceedings a formula for the determination of an

1794 amount, which when paid by a taxpayer with respect to any tax

1795 parcel, shall constitute a prepayment of all future annual

1796 installments of such benefit special assessments and that the

1797 payment of which amount with respect to such tax parcel shall

1798 relieve and discharge such tax parcel of the lien of such

1799 benefit special assessments and any subsequent annual

1800 installment thereof. The board may provide further that upon

1801 delinquency in the payment of any annual installment of benefit

1802 special assessments, the prepayment amount of all future annual

1803 installments of benefit special assessments as determined in the

1804 preceding sentence shall be and become immediately due and

1805 payable together with such delinquent annual installment.

1806 (c) Non-ad valorem maintenance taxes.—If and when

1807 authorized by general law, to maintain and to preserve the

1808 physical facilities and services constituting the works,

1809 improvements, or infrastructure owned by the district pursuant

1810 to this act, to repair and restore any one or more of them, when

1811 needed, and to defray the current expenses of the district,

1812 including any sum which may be required to pay state and county

1813 ad valorem taxes on any lands which may have been purchased and

1814 which are held by the district under this act, the board of

1815 supervisors may, upon the completion of said systems,

1816 facilities, services, works, improvements, or infrastructure, in

1817 whole or in part, as may be certified to the board by the

1818 engineer of the board, levy annually a non-ad valorem and

1819 nonmillage tax upon each tract or parcel of land within the

1820 district, to be known as a "maintenance tax." This non-ad

1821 valorem maintenance tax shall be apportioned upon the basis of

1822 the net assessments of benefits assessed as accruing from the

1823 original construction and shall be evidenced to and certified by

1824 the board of supervisors of the district not later than June 1

1825 of each year to the Marion County tax collector and shall be

1826 extended on the tax rolls and collected by the tax collector on

1827 the merged collection roll of the tax collector in the same

1828 manner and at the same time as county ad valorem taxes, and the

1829 proceeds therefrom shall be paid to the district. This non-ad

1830 valorem maintenance tax shall be a lien until paid on the

1831 property against which assessed and enforceable in like manner

1832 and of the same dignity as county ad valorem taxes.

1833 (d) Maintenance special assessments.—To maintain and

1834 preserve the facilities and projects of the district, the board

1835 may levy a maintenance special assessment. This assessment may

1836 be evidenced to and certified to the tax collector by the board

1837 of supervisors not later than August 31 of each year and shall

1838 be entered by the property appraiser on the county tax rolls and

1839 shall be collected and enforced by the tax collector in the same

1840 manner and at the same time as county taxes, and the proceeds

1841 therefrom shall be paid to the district. However, this paragraph

1842 shall not prohibit the district in its discretion from using the

1843 method prescribed in s. 197.363, s. 197.3631, or s. 197.3632,

1844 Florida Statutes, for collecting and enforcing these

1845 assessments. These maintenance special assessments shall be a

1846 lien on the property against which assessed until paid and shall

1847 be enforceable in like manner as county taxes. The amount of the

1848 maintenance special assessment for the exercise of the

1849 district's powers under this section shall be determined by the

1850 board based upon a report of the district's engineer and

1851 assessed by the board upon such lands, which may be all of the

1852 lands within the district benefited by the maintenance thereof,

1853 apportioned between the benefited lands in proportion to the

1854 benefits received by each tract of land.

1855 (e) Special assessments.—The board may levy and impose any

1856 special assessments pursuant to this subsection.

1857 (f) Enforcement of taxes.—The collection and enforcement

1858 of all taxes levied by the district shall be at the same time

1859 and in like manner as county taxes, and the general law relating

1860 to the sale of lands for unpaid and delinquent county taxes; the

1861 issuance, sale, and delivery of tax certificates for such unpaid

1862 and delinquent county taxes; the redemption thereof; the

1863 issuance to individuals of tax deeds based thereon; and all

1864 other procedures in connection therewith shall be applicable to

1865 the district to the same extent as if such statutory provisions

1866 were expressly set forth herein. All taxes shall be subject to

1867 the same discounts as county taxes.

1868 (g) When unpaid tax is delinquent; penalty.—All taxes

1869 provided for in this act shall become delinquent and bear

1870 penalties on the amount of such taxes in the same manner as

1871 county taxes.

1872 (h) Status of assessments.—Benefit special assessments,

1873 maintenance special assessments, and special assessments are

1874 hereby found and determined to be non-ad valorem assessments as

1875 defined by s. 197.3632, Florida Statutes. Maintenance taxes are

1876 non-ad valorem taxes and are not special assessments.

1877 (i) Assessments constitute liens; collection.—Any and all

1878 assessments, including special assessments, benefit special

1879 assessments, and maintenance special assessments authorized by

1880 this section, and including special assessments as defined by

1881 section 2(2)(aa) and granted and authorized by this subsection,

1882 and including maintenance taxes if authorized by general law,

1883 shall constitute a lien on the property against which assessed

1884 from the date of levy and imposition thereof until paid, coequal

1885 with the lien of state, county, municipal, and school board

1886 taxes. These assessments may be collected, at the district's

1887 discretion, under authority of s. 197.3631, Florida Statutes, as

1888 amended from time to time, by the tax collector pursuant to ss.

1889 197.3632 and 197.3635, Florida Statutes, as amended from time to

1890 time, or in accordance with other collection measures provided

1891 by law. In addition to, and not in limitation of, any powers

1892 otherwise set forth herein or in general law, these assessments

1893 may also be enforced pursuant to chapter 173, Florida Statutes,

1894 as amended from time to time.

1895 (j) Land owned by governmental entity.—Except as otherwise

1896 provided by law, no levy of ad valorem taxes or non-ad valorem

1897 assessments under this act or chapter 170 or chapter 197,

1898 Florida Statutes, as each may be amended from time to time, or

1899 otherwise, by a board of the district, on property of a

1900 governmental entity that is subject to a ground lease as

1901 described in s. 190.003(14), Florida Statutes, shall constitute

1902 a lien or encumbrance on the underlying fee interest of such

1903 governmental entity.

1904 (13) SPECIAL ASSESSMENTS.—

1905 (a) As an alternative method to the levy and imposition of

1906 special assessments pursuant to chapter 170, Florida Statutes,

1907 pursuant to the authority of s. 197.3631, Florida Statutes, or

1908 pursuant to general law, now or hereafter enacted, which

1909 provides a supplemental means or authority to impose, levy, and

1910 collect special assessments as otherwise authorized under this

1911 act, the board may levy and impose special assessments to

1912 finance the exercise of any of its powers permitted under this

1913 act using the following uniform procedures:

1914 1. At a noticed meeting, the board of supervisors of the

1915 district may consider and review an engineer's report on the

1916 costs of the systems, facilities, and services to be provided, a

1917 preliminary special assessment methodology, and a preliminary

1918 roll based on acreage or platted lands, depending upon whether

1919 platting has occurred.

1920 a. The special assessment methodology shall address and

1921 discuss and the board shall consider whether the systems,

1922 facilities, and services being contemplated will result in

1923 special benefits peculiar to the property, different in kind and

1924 degree than general benefits, as a logical connection between

1925 the systems, facilities, and services themselves and the

1926 property, and whether the duty to pay the special assessments by

1927 the property owners is apportioned in a manner that is fair and

1928 equitable and not in excess of the special benefit received. It

1929 shall be fair and equitable to designate a fixed proportion of

1930 the annual debt service, together with interest thereon, on the

1931 aggregate principal amount of bonds issued to finance such

1932 systems, facilities, and services which give rise to unique,

1933 special, and peculiar benefits to property of the same or

1934 similar characteristics under the special assessment methodology

1935 so long as such fixed proportion does not exceed the unique,

1936 special, and peculiar benefits enjoyed by such property from

1937 such systems, facilities, and services.

1938 b. The engineer's cost report shall identify the nature of

1939 the proposed systems, facilities, and services, their location,

1940 a cost breakdown plus a total estimated cost, including cost of

1941 construction or reconstruction, labor, and materials, lands,

1942 property, rights, easements, franchises, or systems, facilities,

1943 and services to be acquired, cost of plans and specifications,

1944 surveys of estimates of costs and revenues, costs of

1945 engineering, legal, and other professional consultation

1946 services, and other expenses or costs necessary or incidental to

1947 determining the feasibility or practicability of such

1948 construction, reconstruction, or acquisition, administrative

1949 expenses, relationship to the authority and power of the

1950 district in its charter, and such other expenses or costs as may

1951 be necessary or incidental to the financing to be authorized by

1952 the board of supervisors.

1953 c. The preliminary special assessment roll will be in

1954 accordance with the assessment methodology as may be adopted by

1955 the board of supervisors; the special assessment roll shall be

1956 completed as promptly as possible and shall show the acreage,

1957 lots, lands, or plats assessed and the amount of the fairly and

1958 reasonably apportioned assessment based on special and peculiar

1959 benefit to the property, lot, parcel, or acreage of land; and,

1960 if the special assessment against such lot, parcel, acreage, or

1961 portion of land is to be paid in installments, the number of

1962 annual installments in which the special assessment is divided

1963 shall be entered into and shown upon the special assessment

1964 roll.

1965 2. The board of supervisors of the district may determine

1966 and declare by an initial special assessment resolution to levy

1967 and assess the special assessments with respect to assessable

1968 improvements stating the nature of the systems, facilities, and

1969 services, improvements, projects, or infrastructure constituting

1970 such assessable improvements, the information in the engineer's

1971 cost report, the information in the special assessment

1972 methodology as determined by the board at the noticed meeting

1973 and referencing and incorporating as part of the resolution the

1974 engineer's cost report, the preliminary special assessment

1975 methodology, and the preliminary special assessment roll as

1976 referenced exhibits to the resolution by reference. If the board

1977 determines to declare and levy the special assessments by the

1978 initial special assessment resolution, the board shall also

1979 adopt and declare a notice resolution which shall provide and

1980 cause the initial special assessment resolution to be published

1981 once a week for a period of 2 weeks in newspapers of general

1982 circulation published in Marion County and said board shall by

1983 the same resolution fix a time and place at which the owner or

1984 owners of the property to be assessed or any other persons

1985 interested therein may appear before said board and be heard as

1986 to the propriety and advisability of making such improvements,

1987 as to the costs thereof, as to the manner of payment therefor,

1988 and as to the amount thereof to be assessed against each

1989 property so improved. Thirty days' notice in writing of such

1990 time and place shall be given to such property owners. The

1991 notice shall include the amount of the special assessment and

1992 shall be served by mailing a copy to each assessed property

1993 owner at his or her last known address, the names and addresses

1994 of such property owners to be obtained from the record of the

1995 property appraiser of the county political subdivision in which

1996 the land is located or from such other sources as the district

1997 manager or engineer deems reliable, and proof of such mailing

1998 shall be made by the affidavit of the district manager or by the

1999 engineer, said proof to be filed with the district manager,

2000 provided that failure to mail said notice or notices shall not

2001 invalidate any of the proceedings hereunder. It is provided

2002 further that the last publication shall be at least 1 week prior

2003 to the date of the hearing on the final special assessment

2004 resolution. Said notice shall describe the general areas to be

2005 improved and advise all persons interested that the description

2006 of each property to be assessed and the amount to be assessed to

2007 each piece, parcel, lot, or acre of property may be ascertained

2008 at the office of the district manager. Such service by

2009 publication shall be verified by the affidavit of the publisher

2010 and filed with the district manager. Moreover, the initial

2011 special assessment resolution with its attached, referenced, and

2012 incorporated engineer's cost report, preliminary special

2013 assessment methodology, and preliminary special assessment roll,

2014 along with the notice resolution, shall be available for public

2015 inspection at the office of the district manager and the office

2016 of the engineer or any other office designated by the board of

2017 supervisors in the notice resolution. Notwithstanding the

2018 foregoing, the landowners of all of the property which is

2019 proposed to be assessed may give the district written notice of

2020 waiver of any notice and publication provided for in this

2021 subparagraph and such notice and publication shall not be

2022 required, provided, however, that any meeting of the board of

2023 supervisors to consider such resolution shall be a publicly

2024 noticed meeting.

2025 3. At the time and place named in the noticed resolution

2026 as provided for in subparagraph 2., the board of supervisors of

2027 the district shall meet and hear testimony from affected

2028 property owners as to the propriety and advisability of making

2029 the systems, facilities, services, projects, works,

2030 improvements, or infrastructure and funding them with

2031 assessments referenced in the initial special assessment

2032 resolution on the property. Following the testimony and

2033 questions from the members of the board or any professional

2034 advisors to the district of the preparers of the engineer's cost

2035 report, the special assessment methodology, and the special

2036 assessment roll, the board of supervisors shall make a final

2037 decision on whether to levy and assess the particular special

2038 assessments. Thereafter, the board of supervisors shall meet as

2039 an equalizing board to hear and to consider any and all

2040 complaints as to the particular special assessments and shall

2041 adjust and equalize the special assessments to ensure proper

2042 assessment based on the benefit conferred on the property.

2043 4. When so equalized and approved by resolution or

2044 ordinance by the board of supervisors, to be called the final

2045 special assessment resolution, a final special assessment roll

2046 shall be filed with the clerk of the board and such special

2047 assessment shall stand confirmed and remain legal, valid, and

2048 binding first liens on the property against which such special

2049 assessments are made until paid, equal in dignity to the first

2050 liens of ad valorem taxation of county and municipal governments

2051 and school boards. However, upon completion of the systems,

2052 facilities, services, projects, improvements, works, or

2053 infrastructure, the district shall credit to each of the

2054 assessments the difference in the special assessment as

2055 originally made, approved, levied, assessed, and confirmed and

2056 the proportionate part of the actual cost of the improvement to

2057 be paid by the particular special assessments as finally

2058 determined upon the completion of the improvement; but in no

2059 event shall the final special assessment exceed the amount of

2060 the special and peculiar benefits as apportioned fairly and

2061 reasonably to the property from the system, facility, or service

2062 being provided as originally assessed. Promptly after such

2063 confirmation, the special assessment shall be recorded by the

2064 clerk of the district in the minutes of the proceedings of the

2065 district, and the record of the lien in this set of minutes

2066 shall constitute prima facie evidence of its validity. The board

2067 of supervisors, in its sole discretion, may by resolution grant

2068 a discount equal to all or a part of the payee's proportionate

2069 share of the cost of the project consisting of bond financing

2070 cost, such as capitalized interest, funded reserves, and bond

2071 discounts included in the estimated cost of the project, upon

2072 payment in full of any special assessments during such period

2073 prior to the time such financing costs are incurred as may be

2074 specified by the board of supervisors in such resolution.

2075 5. District special assessments may be made payable in

2076 installments over no more than 40 years from the date of the

2077 payment of the first installment thereof and may bear interest

2078 at fixed or variable rates.

2079 (b) Notwithstanding any provision of this act or chapter

2080 170, Florida Statutes, that portion of s. 170.09, Florida

2081 Statutes, that provides that special assessments may be paid

2082 without interest at any time within 30 days after the

2083 improvement is completed and a resolution accepting the same has

2084 been adopted by the governing authority shall not be applicable

2085 to any district special assessments, whether imposed, levied,

2086 and collected pursuant to this act or other general laws,

2087 including, but not limited to, chapter 170, Florida Statutes.

2088 (c) In addition, the district is authorized expressly in

2089 the exercise of its rulemaking power to adopt a rule or rules

2090 which provide for notice, levy, imposition, equalization, and

2091 collection of assessments.

2092 (14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON

2093 ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.—

2094 (a) The board may, after any special assessments or

2095 benefit special assessments for assessable improvements are

2096 made, determined, and confirmed as provided in this act, issue

2097 certificates of indebtedness for the amount so assessed against

2098 the abutting property or property otherwise benefited, as the

2099 case may be, and separate certificates shall be issued against

2100 each part or parcel of land or property assessed, which

2101 certificates shall state the general nature of the improvement

2102 for which the assessment is made. The certificates shall be

2103 payable in annual installments in accordance with the

2104 installments of the special assessment for which they are

2105 issued. The board may determine the interest to be borne by such

2106 certificates, not to exceed the maximum rate allowed by general

2107 law, and may sell such certificates at either private or public

2108 sale and determine the form, manner of execution, and other

2109 details of such certificates. The certificates shall recite that

2110 they are payable only from the special assessments levied and

2111 collected from the part or parcel of land or property against

2112 which they are issued. The proceeds of such certificates may be

2113 pledged for the payment of principal of and interest on any

2114 revenue bonds or general obligation bonds issued to finance in

2115 whole or in part such assessable improvement, or, if not so

2116 pledged, may be used to pay the cost or part of the cost of such

2117 assessable improvements.

2118 (b) The district may also issue assessment bonds, revenue

2119 bonds, or other obligations payable from a special fund into

2120 which such certificates of indebtedness referred to in paragraph

2121 (a) may be deposited or, if such certificates of indebtedness

2122 have not been issued, the district may assign to such special

2123 fund for the benefit of the holders of such assessment bonds or

2124 other obligations, or to a trustee for such bondholders, the

2125 assessment liens provided for in this act unless such

2126 certificates of indebtedness or assessment liens have been

2127 theretofore pledged for any bonds or other obligations

2128 authorized hereunder. In the event of the creation of such

2129 special fund and the issuance of such assessment bonds or other

2130 obligations, the proceeds of such certificates of indebtedness

2131 or assessment liens deposited therein shall be used only for the

2132 payment of the assessment bonds or other obligations issued as

2133 provided in this section. The district is authorized to covenant

2134 with the holders of such assessment bonds, revenue bonds, or

2135 other obligations that it will diligently and faithfully enforce

2136 and collect all the special assessments, and interest and

2137 penalties thereon, for which such certificates of indebtedness

2138 or assessment liens have been deposited in or assigned to such

2139 fund; to foreclose such assessment liens so assigned to such

2140 special fund or represented by the certificates of indebtedness

2141 deposited in the special fund, after such assessment liens have

2142 become delinquent, and deposit the proceeds derived from such

2143 foreclosure, including interest and penalties, in such special

2144 fund; and to make any other covenants deemed necessary or

2145 advisable in order to properly secure the holders of such

2146 assessment bonds or other obligations.

2147 (c) The assessment bonds, revenue bonds, or other

2148 obligations issued pursuant to this section shall have such

2149 dates of issue and maturity as shall be deemed advisable by the

2150 board; however, the maturities of such assessment bonds or other

2151 obligations shall not be more than 2 years after the due date of

2152 the last installment which will be payable on any of the special

2153 assessments for which such assessment liens, or the certificates

2154 of indebtedness representing such assessment liens, are assigned

2155 to or deposited in such special fund.

2156 (d) Such assessment bonds, revenue bonds, or other

2157 obligations issued under this section shall bear such interest

2158 as the board may determine, not to exceed the maximum rate

2159 allowed by general law, and shall be executed, shall have such

2160 provisions for redemption prior to maturity, shall be sold in

2161 the manner, and shall be subject to all of the applicable

2162 provisions contained in this act for revenue bonds, except as

2163 the same may be inconsistent with this section.

2164 (e) All assessment bonds, revenue bonds, or other

2165 obligations issued under this section shall be, shall

2166 constitute, and shall have all the qualities and incidents of

2167 negotiable instruments under the law merchant and the laws of

2168 the state.

2169 (15) TAX LIENS.—All taxes of the district provided for in

2170 this act, together with all penalties for default in the payment

2171 of the same and all costs in collecting the same, including a

2172 reasonable attorney fee fixed by the court and taxed as a cost

2173 in the action brought to enforce payment, shall, from January 1

2174 for each year the property is liable to assessment and until

2175 paid, constitute a lien of equal dignity with the liens for

2176 state and county taxes and other taxes of equal dignity with

2177 state and county taxes upon all the lands against which such

2178 taxes shall be levied. A sale of any of the real property within

2179 the district for state and county or other taxes shall not

2180 operate to relieve or release the property so sold from the lien

2181 for subsequent district taxes or installments of district taxes,

2182 which lien may be enforced against such property as though no

2183 such sale thereof had been made. In addition to, and not in

2184 limitation of, the preceding sentence, for purposes of s.

2185 197.552, Florida Statutes, the lien of all special assessments

2186 levied by the district shall constitute a lien of record held by

2187 a municipal or county governmental unit. Sections 194.171,

2188 197.122, 197.333, and 197.432, Florida Statutes, shall be

2189 applicable to district taxes with the same force and effect as

2190 if such sections were expressly set forth in this act.

2191 (16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE

2192 DISTRICT; SHARING IN PROCEEDS OF TAX SALE.—

2193 (a) The district shall have the power and right to:

2194 1. Pay any delinquent state, county, district, municipal,

2195 or other tax or assessment upon lands located wholly or

2196 partially within the boundaries of the district.

2197 2. Redeem or purchase any tax sales certificates issued or

2198 sold on account of any state, county, district, municipal, or

2199 other taxes or assessments upon lands located wholly or

2200 partially within the boundaries of the district.

2201 (b) Delinquent taxes paid, or tax sales certificates

2202 redeemed or purchased, by the district, together with all

2203 penalties for the default in payment of the same and all costs

2204 in collecting the same and a reasonable attorney fee, shall

2205 constitute a lien in favor of the district of equal dignity with

2206 the liens of state and county taxes and other taxes of equal

2207 dignity with state and county taxes upon all the real property

2208 against which the taxes were levied. The lien of the district

2209 may be foreclosed in the manner provided in this act.

2210 (c) In any sale of land pursuant to s. 197.542, Florida

2211 Statutes, as may be amended from time to time, the district may

2212 certify to the clerk of the circuit court of the county holding

2213 such sale the amount of taxes due to the district upon the lands

2214 sought to be sold, and the district shall share in the

2215 disbursement of the sales proceeds in accordance with this act

2216 and under the laws of the state.

2217 (17) FORECLOSURE OF LIENS.—Any lien in favor of the

2218 district arising under this act may be foreclosed by the

2219 district by foreclosure proceedings in the name of the district

2220 in a court of competent jurisdiction as provided by general law

2221 in like manner as is provided in chapter 170 or chapter 173,

2222 Florida Statutes, and amendments thereto, and those chapters

2223 shall be applicable to such proceedings with the same force and

2224 effect as if those chapters were expressly set forth in this

2225 act. Any act required or authorized to be done by or on behalf

2226 of a municipality in foreclosure proceedings under chapter 170

2227 or chapter 173, Florida Statutes, may be performed by such

2228 officer or agent of the district as the board of supervisors may

2229 designate. Such foreclosure proceedings may be brought at any

2230 time after the expiration of 1 year from the date any tax, or

2231 installment thereof, becomes delinquent; however, no lien shall

2232 be foreclosed against any political subdivision or agency of the

2233 state. Other legal remedies shall remain available.

2234 (18) MANDATORY USE OF CERTAIN DISTRICT FACILITIES.—To the

2235 full extent permitted by law, the district shall require all

2236 lands, buildings, premises, persons, firms, and corporations

2237 within the district to use the facilities of the district.

2238 (19) COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED

2239 PROVISIONS REQUIRED.—

2240 (a) No contract shall be let by the board for any goods,

2241 supplies, or materials to be purchased when the amount thereof

2242 to be paid by the district shall exceed the amount provided in

2243 s. 287.017, Florida Statutes, as amended from time to time, for

2244 category four, unless notice of bids shall be advertised once in

2245 a newspaper in general circulation in Marion County. Any board

2246 seeking to construct or improve a public building, structure, or

2247 other public works shall comply with the bidding procedures of

2248 s. 255.20, Florida Statutes, as amended from time to time, and

2249 other applicable general law. In each case, the bid of the

2250 lowest responsive and responsible bidder shall be accepted

2251 unless all bids are rejected because the bids are too high or

2252 the board determines it is in the best interests of the district

2253 to reject all bids. The board may require the bidders to furnish

2254 bond with a responsible surety to be approved by the board.

2255 Nothing in this subsection shall prevent the board from

2256 undertaking and performing the construction, operation, and

2257 maintenance of any project or facility authorized by this act by

2258 the employment of labor, material, and machinery.

2259 (b) The provisions of the Consultants' Competitive

2260 Negotiation Act, s. 287.055, Florida Statutes, apply to

2261 contracts for engineering, architecture, landscape architecture,

2262 or registered surveying and mapping services let by the board.

2263 (c) Contracts for maintenance services for any district

2264 facility or project shall be subject to competitive bidding

2265 requirements when the amount thereof to be paid by the district

2266 exceeds the amount provided in s. 287.017, Florida Statutes, as

2267 amended from time to time, for category four. The district shall

2268 adopt rules, policies, or procedures establishing competitive

2269 bidding procedures for maintenance services. Contracts for other

2270 services shall not be subject to competitive bidding unless the

2271 district adopts a rule, policy, or procedure applying

2272 competitive bidding procedures to said contracts. Nothing herein

2273 shall preclude the use of requests for proposal instead of

2274 invitations to bid as determined by the district to be in its

2275 best interest.

2276 (20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION

2277 AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.—

2278 (a) The district is authorized to prescribe, fix,

2279 establish, and collect rates, fees, rentals, or other charges,

2280 hereinafter sometimes referred to as "revenues," and to revise

2281 the same from time to time, for the systems, facilities, and

2282 services furnished by the district, including, but not limited

2283 to, recreational facilities, water management and control

2284 facilities, and water and sewer systems; to recover the costs of

2285 making connection with any district service, facility, or

2286 system; and to provide for reasonable penalties against any user

2287 or property for any such rates, fees, rentals, or other charges

2288 that are delinquent.

2289 (b) No such rates, fees, rentals, or other charges for any

2290 of the facilities or services of the district shall be fixed

2291 until after a public hearing at which all the users of the

2292 proposed facility or services or owners, tenants, or occupants

2293 served or to be served thereby and all other interested persons

2294 shall have an opportunity to be heard concerning the proposed

2295 rates, fees, rentals, or other charges. Rates, fees, rentals,

2296 and other charges shall be adopted under the administrative

2297 rulemaking authority of the district, but shall not apply to

2298 district leases. Notice of such public hearing setting forth the

2299 proposed schedule or schedules of rates, fees, rentals, and

2300 other charges shall have been published in a newspaper of

2301 general circulation in Marion County at least once and at least

2302 10 days prior to such public hearing. The rulemaking hearing may

2303 be adjourned from time to time. After such hearing, such

2304 schedule or schedules, either as initially proposed or as

2305 modified or amended, may be finally adopted. A copy of the

2306 schedule or schedules of such rates, fees, rentals, or charges

2307 as finally adopted shall be kept on file in an office designated

2308 by the board and shall be open at all reasonable times to public

2309 inspection. The rates, fees, rentals, or charges so fixed for

2310 any class of users or property served shall be extended to cover

2311 any additional users or properties thereafter served which shall

2312 fall in the same class, without the necessity of any notice or

2313 hearing.

2314 (c) Such rates, fees, rentals, and other charges shall be

2315 just and equitable and uniform for users of the same class, and

2316 when appropriate may be based or computed either upon the amount

2317 of service furnished, upon the average number of persons

2318 residing or working in or otherwise occupying the premises

2319 served, or upon any other factor affecting the use of the

2320 facilities furnished, or upon any combination of the foregoing

2321 factors, as may be determined by the board on an equitable

2322 basis.

2323 (d) The rates, fees, rentals, or other charges prescribed

2324 shall be such as will produce revenues, together with any other

2325 assessments, taxes, revenues, or funds available or pledged for

2326 such purpose, at least sufficient to provide for the items

2327 hereinafter listed, but not necessarily in the order stated:

2328 1. To provide for all expenses of operation and

2329 maintenance of such facility or service.

2330 2. To pay when due all bonds and interest thereon for the

2331 payment of which such revenues are, or shall have been, pledged

2332 or encumbered, including reserves for such purpose.

2333 3. To provide for any other funds which may be required

2334 under the resolution or resolutions authorizing the issuance of

2335 bonds pursuant to this act.

2336 (e) The board shall have the power to enter into contracts

2337 for the use of the projects of the district and with respect to

2338 the services, systems, and facilities furnished or to be

2339 furnished by the district.

2340 (21) RECOVERY OF DELINQUENT CHARGES.—In the event that any

2341 rates, fees, rentals, charges, or delinquent penalties are not

2342 paid when due and are in default for 60 days or more, the unpaid

2343 balance thereof and all interest accrued thereon, together with

2344 reasonable attorney fees and costs, may be recovered by the

2345 district in a civil action.

2346 (22) DISCONTINUANCE OF SERVICE.—In the event the fees,

2347 rentals, or other charges for district services or facilities

2348 are not paid when due, the board shall have the power, under

2349 such reasonable rules and regulations as the board may adopt, to

2350 discontinue and shut off such services until such fees, rentals,

2351 or other charges, including interest, penalties, and charges for

2352 the shutting off and discontinuance and the restoration of such

2353 services, are fully paid; and, for such purposes, the board may

2354 enter on any lands, waters, or premises of any person, firm,

2355 corporation, or body, public or private, within the district

2356 limits. Such delinquent fees, rentals, or other charges,

2357 together with interest, penalties, and charges for the shutting

2358 off and discontinuance and the restoration of such services and

2359 facilities and reasonable attorney fees and other expenses, may

2360 be recovered by the district, which may also enforce payment of

2361 such delinquent fees, rentals, or other charges by any other

2362 lawful method of enforcement.

2363 (23) ENFORCEMENT AND PENALTIES.—The board or any aggrieved

2364 person may have recourse to such remedies in law and at equity

2365 as may be necessary to ensure compliance with this act,

2366 including injunctive relief to enjoin or restrain any person

2367 violating this act or any bylaws, resolutions, regulations,

2368 rules, codes, or orders adopted under this act. In case any

2369 building or structure is erected, constructed, reconstructed,

2370 altered, repaired, converted, or maintained, or any building,

2371 structure, land, or water is used, in violation of this act or

2372 of any code, order, resolution, or other regulation made under

2373 authority conferred by this act or under law, the board or any

2374 citizen residing in the district may institute any appropriate

2375 action or proceeding to prevent such unlawful erection,

2376 construction, reconstruction, alteration, repair, conversion,

2377 maintenance, or use; to restrain, correct, or avoid such

2378 violation; to prevent the occupancy of such building, structure,

2379 land, or water; and to prevent any illegal act, conduct,

2380 business, or use in or about such premises, land, or water.

2381 (24) SUITS AGAINST THE DISTRICT.—Any suit or action

2382 brought or maintained against the district for damages arising

2383 out of tort, including, without limitation, any claim arising

2384 upon account of an act causing an injury or loss of property,

2385 personal injury, or death, shall be subject to the limitations

2386 provided in s. 768.28, Florida Statutes.

2387 (25) EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.—All

2388 district property shall be exempt from levy and sale by virtue

2389 of an execution, and no execution or other judicial process

2390 shall issue against such property, nor shall any judgment

2391 against the district be a charge or lien on its property or

2392 revenues; however, nothing contained herein shall apply to or

2393 limit the rights of bondholders to pursue any remedy for the

2394 enforcement of any lien or pledge given by the district in

2395 connection with any of the bonds or obligations of the district.

2396 (26) TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.—

2397 (a) The board of supervisors of the district may ask the

2398 Legislature to repeal or amend this act to expand or to contract

2399 the boundaries of the district or otherwise cause the merger or

2400 termination of the district, and the district's consent may be

2401 evidenced by a resolution or other official written statement of

2402 the district.

2403 (b) The district shall remain in existence until:

2404 1. The district is terminated and dissolved pursuant to

2405 amendment to this act by the Legislature.

2406 2. The district has become inactive pursuant to s.

2407 189.062, Florida Statutes.

2408 (27) MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS.—The

2409 district may merge with one or more community development

2410 districts situated wholly within its boundaries. The district

2411 shall be the surviving entity of the merger. Any mergers shall

2412 commence upon each such community development district filing a

2413 written request for merger with the district. A copy of the

2414 written request shall also be filed with Marion County. The

2415 district, subject to the direction of its board of supervisors,

2416 shall enter into a merger agreement which shall provide for the

2417 proper allocation of debt, the manner in which such debt shall

2418 be retired, the transition of the community development district

2419 board, and the transfer of all financial obligations and

2420 operating and maintenance responsibilities to the district. The

2421 execution of the merger agreement by the district and each

2422 community development district constitutes consent of the

2423 landowners within each district. The district and each community

2424 development district requesting merger shall hold a public

2425 hearing within its boundaries to provide information about and

2426 take public comment on the proposed merger in the merger

2427 agreement. The public hearing shall be held within 45 days after

2428 the initial consideration and approval of the merger agreement

2429 by all parties thereto. Notice of the public hearing shall be

2430 published at least 14 days before the hearing in a newspaper of

2431 general circulation in Marion County. At the conclusion of the

2432 public hearing, each district shall consider a resolution either

2433 approving or disapproving the proposed merger. If the district

2434 and each community development district which is a party to the

2435 merger agreement adopt a resolution approving the proposed

2436 merger, the resolutions and the executed merger agreement shall

2437 be filed with Marion County. Upon receipt of the resolutions

2438 approving the merger and the merger agreement, Marion County

2439 shall adopt a non-emergency ordinance dissolving each community

2440 development district pursuant to s. 190.046(10), Florida

2441 Statutes.

2442 (28) INCLUSION OF TERRITORY.—The inclusion of any or all

2443 territory of the district within a municipality does not change,

2444 alter, or affect the boundary, territory, existence, or

2445 jurisdiction of the district.

2446 (29) SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED

2447 DISCLOSURE TO PURCHASER.—Subsequent to the creation of this

2448 district under this act, each contract for the initial sale of a

2449 parcel of real property and each contract for the initial sale

2450 of a residential unit within the district shall include,

2451 immediately prior to the space reserved in the contract for the

2452 signature of the purchaser, the following disclosure statement

2453 in boldfaced and conspicuous type which is larger than the type

2454 in the remaining text of the contract: "THE UPLANDS STEWARDSHIP

2455 DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES

2456 AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS

2457 PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF

2458 CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT

2459 AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.

2460 THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER

2461 LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND

2462 ASSESSMENTS PROVIDED FOR BY LAW."

2463 (30) NOTICE OF CREATION AND ESTABLISHMENT.—Within 30 days

2464 after the election of the first board of supervisors creating

2465 this district, the district shall cause to be recorded in the

2466 grantor-grantee index of the property records in Marion County a

2467 "Notice of Creation and Establishment of the Uplands Stewardship

2468 District." The notice shall, at a minimum, include the legal

2469 description of the property covered by this act.

2470 (31) DISTRICT PROPERTY PUBLIC; FEES.—Any system, facility,

2471 service, works, improvement, project, or other infrastructure

2472 owned by the district, or funded by federal tax exempt bonding

2473 issued by the district, is public; and the district by rule may

2474 regulate, and may impose reasonable charges or fees for, the use

2475 thereof, but not to the extent that such regulation or

2476 imposition of such charges or fees constitutes denial of

2477 reasonable access.

2478 Section 7. If any provision of this act is determined

2479 unconstitutional or otherwise determined invalid by a court of

2480 law, all the rest and remainder of the act shall remain in full

2481 force and effect as the law of this state.

2482 Section 8. This act shall take effect upon becoming a law,

2483 except that the provisions of this act which authorize the levy

2484 of ad valorem taxation shall take effect only upon express

2485 approval by a majority vote of those qualified electors of the

2486 Uplands Stewardship District, as required by Section 9 of

2487 Article VII of the State Constitution, voting in a referendum

2488 election held during a general election at such time as all

2489 members of the board are qualified electors who are elected by

2490 qualified electors of the district as provided in this act.