HomeMy WebLinkAboutAgenda Packet 02-23-07February 23, 2007
9:oo A.M.
BOARD OF COUNTY COMMISSIONERS
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of these items unless a Commissioner so requests.
REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission
will discuss individually usually in the order listed on the agenda.
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hearings will be heard at 9:00 A.M. or as soon thereafter as possible. These time designations are intended to indicate that an item
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and on the second and fourth Tuesdays at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission
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Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to
attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at
least forty-eight (48) hours prior to the meeting.
BOARD OF COUNTY COMMISSIONER$
www.Eo.st-ludeefl.ws
CHRIS CRAFT, CHAIRMAN
DISTRICT NO.5
JOSEPH E. SMITH, VICE CHAIRMAN
DISTRICT NO.1
DOUG COWARD, CHAIRMAN
DISTRICT NO.2
PAULA A. LEWIS
DISTRICT NO.3
CHARLES GRANDE
DISTRICT NO.4
FEBRUARY 23, 2007
2. PRESENTATION BY VICTORIA L. WEBER, ESQUIRE ATTORNEY FOR DEVELOPERS OF
CLOUD GROVE
3e BOARD COMMENT/ACTION
NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at
these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is
made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings
will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring
accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-
1428 at least forty-eight (48) hours prior to the meeting.
INTER -OFFICE MEMORANDUM
ST. LUCIE COUNTY, FLORIDA
TO: Board of County Commissioners
FROM: Daniel S. McIntyre, County Attorney
C.A. NO.: 07-0209
DATE: February 16, 2007
SUBJECT: Cloud Grove Stewardship District Act - Overview
BACKGROUND:
Victoria Weber, Esquire, an attorney representing the developers of Cloud Grove,
prepared a draft special act which, if adopted, would create an independent special district
known as the "Cloud Grove Stewardship District." If the Board approves the proposed district,
Ms. Weber will present the act for consideration by the County's Legislative Delegation.
Attached are copies of the following information:
- Letter dated February 13, 2006 from Victoria Weber, Esquire, enclosing a copy
of the proposed special act
- Matrix dated January 2, 2007 of the proposed legislation prepared by Ms.
Weber
- Letter dated January 3, 2007 to Ms. Weber enclosing copies of documents
made by Phillip Gildan and by the County's Growth Management Director
- Letter dated January 19, 2007 from Ms. Weber requesting the Board meet and
discuss the proposed special act
- Email dated January 18, 2007 from Terry Lewis, Esquire with comments on the
proposed special act
- Email dated February 2, 2007 from Phillip Gildan, Esq. with revised language
concerning utilities
- Letter dated February 8, 2007 from Terry Lewis, Esquire, outlining the
difference between dependent and independent special districts
DSM/caf
Attachments
Hopping Green & Sams
Attorneys and Counselors
February 13, 2007
Honorable Chris Craft, Chairman via in -person delivery
St. Lucie County Commission
2300 Virginia Avenue
Fort Pierce, FL 34982-5652
RE: Cloud Grove Stewardship District Legislation
Dear Chairman Craft:
In continuing to work on improved communication regarding the various St.
Lucie County Rural Land Stewardship activities, we look forward to speaking before and
working with the St. Lucie Board of County Commissioners and staff at the February 23`d
public meeting on the proposed Cloud Grove Stewardship District legislation. In
preparation for same, we have been talking with individual commissioners and staff
members in an effort to secure as much feedback as possible on the draft legislation
which was originally provided to the County on November 17, 2006. We have received
some comments and are proposing revisions to the legislation to address those comments.
The most significant revision we are proposing is removal of the Indian River property
from the boundaries of the proposed district. Other issues that have been raised and
addressed in proposed revisions are summarized in the enclosed chart. The revisions to
the legislation that we are proposing are highlighted in the enclosed draft legislation
which tracks the changes made from the November 16th draft that was provided to the
County on November 171h.
Also enclosed is a question and answer sheet designed to address some of the
questions that have been raised by Commissioners and staff, and a brief memorandum
addressing the accountability measures that support holding the proponent responsible for
governance of the District for an extended period to ensure that all commitments are met.
In summary, please find enclosed:
1. Chart summarizing comments to date on the legislation and proposed
responses and revisions to same;
2. February 12`h draft of the proposed legislation with changes from November
16`h version highlighted;
3. Question and answer summary designed to address key issues; and
Post Office Box 6526 Tallahassee, Florida 32314 123 South Calhoun Street (32301) 850.222.7500 850.224.8551 fax www.hgslaw.com
4. Memorandum detailing accountability measures applicable to the District.
In the meantime, please do not hesitate to contact Cynthia Angelos, Caroline
Villanueva or me with any questions you may have. We look forward to meeting with
you on February 23rd
Sincerely,
Victoria L. Weber
Encl.
cc: Vice -Chairman Joe Smith, St. Lucie County
Commissioner Doug Coward, St. Lucie County
Commissioner Charles Grande, St. Lucie County
Commissioner Paula Lewis, St. Lucie County
Doug Anderson, St. Lucie County
Glenn Kerns, St. Lucie County
Dan McIntyre, St. Lucie County
Ernie Cox, Family Lands Remembered
Peter Harrison, Adams Ranch
Cynthia Angelos, Weiss, Handler, Angelos & Cornwell
Caroline Villanueva, Florida Conservancy & Development Group
Hopping Green & Sams
Attorneys and Counselors
CLOUD GROVE LEGISLATION —COMMENTS AND PROPOSED REVISIONS
Comment or Issue
Response
Proposed Change
Lewis comment #1. "The
Agreed, except proposed
None suggested
Cloud Grove Stewardship
amendment limits District to
District is a multi -county,
St. Lucie County.
independent district as defined
by ss. 189.403(2) and (3) F.S.
As such, it will initially be
governed by an independent
Board consisting of the
landowners or their nominees
elected on a one-acre/one-vote
basis. The Board will
establish a budget, facilities
plan and work program to
install public infrastructure
within (and conceivably
adjacent to the District
boundaries. All infrastructure
will be be financed by District
landowner assessments and
taxes and possibly some fees."
Lewis comment #2. "Among
Agreed
None suggested
the fundamental requirements
for creation of a new
independent district, Section
189.404(2)(e) F.S.(which was
adopted pursuant to Art.
III, Sec.l I(a)(21) of the
Constitution) requires that the
local general purpose
government with jurisdiction
(the County) provide a BOC
resolution or statement from
the County Administrator
stating that district creation is
consistent with approved local
government plans and the
County has no objection to
creation. so, either a BOC
resolution or letter from the
County Administrator is
required under normal
circumstances for the
legislation to go forward."
Lewis comment #3.
Agreed
None suggested
"Parenthetically, Section
189.4155 F.S. requires that
any construction or expansion
of a district facility must be
consistent with the applicable
local government
comprehensive plan. Hence,
any facility proposed by the
district must comply in all
respects with the adopted
county plan and land
development regulations."
Lewis comment #4. "On page
The definition in the
FCDG requests leaving
10 of the bill, the definition of
proposed act tracks the
language as is.
"District roads" should be
definition of "district roads"
more specific that district
in the CDD law. The
roads are those constructed
language ensures the ability
and maintained by the
of the district to finance and
district."
fund roads that serve the
district, even if such road
improvements ultimately are
constructed or maintained by
another entity. The only
reference in the bill to the
defined term is in the special
powers provision that
authorizes the district to
provide district roads equal
to or exceeding the
specifications of the county.
Lewis comment #5. "Page
See Page 11, lines 244-
11., paragraph (p) does not
Agreed.
248 at paragraph (p),
define a governmental entity
revised to provide that
as a landowner for purposes
"landowner" includes a
of meeting notice. That should
governmental entity for
be changed. While
purposes of receiving
government can't vote if it
notice under the act.
doesn't pay assessments, it
should still receive notice of
landowner meetings."
Lewis comment #6. "Page 16,
Agreed
See Page 16, line 371,
paragraph (d), line 371. I
paragraph (d) revised to
suggest deleting "not in.."
change "not
The change would require the
inconsistent" to
district to operate "consistent"
"consistent"
with applicable County
_plans."
Lewis comment #7. "Page
Agreed
See Page 18, lines 414-
20., paragraph (4). This gives
416, and page 47, lines
the district certain
1083-1084, revised to
extraterritorial powers. You
make it clear that
may wish to consider making
project has to be
the exercise of extraterritorial
pursuant to a
power subject to County
development order and
approval."
consistent with the
comprehensive plan.
Lewis comment #8. "Page 48,
Agreed
See Page 45, lines
paragraph (b). The County is
1026-1045 and Page
in both the water and sewer
87, lines 2031-2043
business. You may want to
and Page 91, lines
limit the power of the district
2146-2154, negotiated
and make its exercise subject
language from utility
to a County sign off."
counsel for FCDG and
the county.
Lewis comment #9. "Page 51,
Agreed
See Pages 47-48, lines
paragraph 0). Likewise, since
1091-1098, limiting
the County has a county -wide
District's powers re fire
fire district, you may wish to
services.
limit this authority,"
Lewis comment #10. "Page
Agreed as to description of
See Page 72, line 1671,
72-75. The District will have a
assessment powers and that
eliminated language re
number of available taxes and
District debt does not affect
classification of
assessments including ad
full faith and credit of
maintenance taxes.
valorem (3 mills), installation
county. Also agree that draft
and maintenance taxes and
legislation should not
non -ad valorem assessments.
classify "maintenance taxes"
These can only be levied on
as "taxes," since they are in
lands within the district and
the nature of assessments.
no debt of the district will
affect the full faith and credit
of the County. My only
question relates to a statement
on page 75 that contends that
maintained taxes are non -ad
valorem taxes, not
assessments. Though it is not
a County issue, I thought the
Supreme Court cases were
pretty clear that at least in the
context of certain districts
(Chapter 298), maintenance
taxes were actually special
assessments."
Indian River Commissioners
FCDG included the Indian
References to Indian
have expressed concern about
River lands to simplify the
River throughout the
inclusion of Indian River land
process for financing any
bill have been
in the District when such land
required extension of Oslo
removed.
is not slated for development
Road into Indian River.
at this time.
However, in light of
expressed concerns, it has
agreed to remove the Indian
River lands from the district
boundaries.
Transition of Board from one
The initial draft of the
See Pages 28-29, lines
acre/ one vote to one person/
legislation did not specify the
633-668, which address
one vote
triggers for turnover of
the turnover process
district seats. FCDG
and utilize the triggers
proposes tracking the
for turnover of a
turnover process for
homeowners
homeowner associations set
association.
forth in 720.307, Fla. Stat.
House Billdrafting comment
Agreed
See Page 17, line 388,
that no need to include within
removed subsection (1)
the bill the cross references to
of Section 3.
sections of the bill
demonstrating compliance
with section 189.404(3) Fla.
Stat. minimum requirements.
Nix comment re need to
Like CDDs, it is important
See Page 18, lines 411-
eliminate provisions in bill
that district retain power to
416, amended Section
extending facilities outside
finance offsite improvements
3(3) to clarify that only
district
required by local
time district can
government.
provide offsite facilities
is as a condition of an
interlocal agreement,
development order,
DRI approval or similar
local government
re uirement.
Nix comment re need for
Dedications are routinely
See Pages 45, lines
language on dedicating
addressed in the developer
1026-1045, language
facilities to the county.
agreement.
negotiated with St.
Lucie utility counsel
and made to
specifically address
utility facilities. See
amendments at Section
6(7)(b), 6(18) and
6(20).
Nix comment re need for bill
Duly noted.
to be "conceived with
sensitivity to include Board
rather than hurry through and
exclude Board
Nix comment re concern with
Duly noted.
timing of bill.
Nix comment re need to
Agreed
See Page 48, line 1102,
remove "guardhouses" as
"guardhouses"
permissible district facilities.
removed from list of
facilities that can be
provided by the
District.
Nix comment that he had not
Duly noted.
had sufficient time to review
the bill and provide further
comments.
Nix comment that there needs
Duly noted.
to be a critical mass of
services such as medical and
his future analysis of public
facilities assessment in the
SRA application may identify
more services needed that
should be included in the
district bill.
Lewis 2/8/07 Comment #1 re
Agreed that coordination is
need to coordinate district
needed. However, most
activities with those of
likely alternative is multiple
county. 1
CDDs with additional
intergovernmental
coordination required.
Lewis 2/8/07 Comment #2 re
In this case, provisions for
creation of separate
coordination on
government providing
infrastructure will be
potential for disputes re
addressed through
infrastructure projects.
development approval
process and developer's
agreement. Additionally, the
Act requires the District to
regularly provide public
facilities reports to the
-County.
Lewis 2/8/07 Comment #3 re
Agreed that there will be
ongoing costs of coordination
minor administrative costs,
between county and district.
but should be significantly
less than with multiple
CDDs.
Lewis 2/8/07 Comment #4 re
In this case, the DRI process
potential for accelerated
will address phasing of
development.
-development.
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DRAFT
IFebruary 13, 2007 DRAFT —FOR DISCUSSION PURPOSES ONLY —NOT FINAL
[Deleted: November 16, 2006
A bill to be entitled
An Act relating t0 St .Lucie CountI
_; creating within
Deleted: and Indian River
counties
portions of such county, the "Cloud Grove Stewardship District
Deleted: ies
Act;" establishing legislative findings regarding the need for
creation of an independent special district pursuant to chapter
189, F.S.; providing definitions; stating legislative policy
regarding creation of the District; providing for creation and
Deleted: establishing
compliance with minimum
requirements in
establishment of the District; establishing the legal boundaries
creation of an inde
creation o3), P independent
special district;
of the District; providing for the jurisdiction and charter of
the District; providing for a board of supervisors and
establishing membership criteria and election procedures;
providing for board members' terms of office; providing for
board meetings; providing for administrative duties of the
board; providing a method for transition of the board from
landowner control to control by the resident electors of the
District; providing for a district manager and district
personnel; providing for a district treasurer, selection of a
public depository, provision of district budgets and financial
Deleted: or 971
reports; providing for the general powers of the District;
ICloud-Grove-special ACt. Doc
providing for the special
p powers of the District to plan,
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DRAFT
finance, and provide community infrastructure and services
within the District; providing for required notices to
purchasers of real property within the district; providing a
severability clause; providing for a referendum of landowners as
a condition of the act taking effect; providing an effective
date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Popular Name. This Act may be known by the
popular name the "Cloud Grove Stewardship District Act."
Section 2. Preamble. Legislative findings, intent,
definitions and policy.
(1) Legislative findings.
(a) The lands located within rSt. Lucie County and covered
I
I Deleted: both `I
Deleted:ana Indian River
by this Act present opportunities for thoughtful, comprehensive,
1 counties
environmentally responsible and consistent long-term development
and conservation.
(b) Management of conservation, environmental, agricultural
and economic challenges and opportunities in the Cloud Grove
area transcends the boundaries and responsibilities of both
private landowners and individual units of government.
—
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(c) Due to the size of the lands at issue, there will be a
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longer period of time during which there will be a inordinate
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burden on the initial landowners of these Cloud Grove lands,
such that there is a need for flexible management, sequencing,
timing and financing of the various systems, facilities and
services to be provided to these lands, taking into
consideration absorption rates, commercial viability, and
related factors.
(d) While Chapter 190 provides an opportunity for community
development services and facilities to be provided by the
establishment of community development districts in a manner
that furthers the public interest,aiven the quantity of the
lands covered by this Act and the potentially long term nature
of its development, establishing multiple community development
districts over these lands would result in an inefficient,
duplicative and needless proliferation of local special purpose
government, contrary to the public interest and the
legislature's findings in Chapter 190. Instead, it is in the
public interest that the long-term management, financing,
maintenance, upkeep and operation of services and facilities
necessary for ultimate development of the lands covered by this
Act be under a unified entity.
(e) Longer involvement of the initial landowner with regard
to the provision of systems, facilities, and services serving
the Cloud Grove lands, coupled with a limited and highly
3,
I
Deleted: current general law
prohibits the establishment
of a community development
district transcending county�l
boundaries. G
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DRAFT
specialized single purpose of the District, is in the public
interest.
(f) There is a need to coordinate the use and special
attributes of various public and private alternatives for the
provision of infrastructure to such a community development,
including the limited, flexible, focused and locally accountable
management and related financing capabilities of independent
special purpose local government.
(g) The existence and use of such a limited specialized
single purpose local government for the Cloud Grove lands,
subject to the St. Lucie County, comprehensive plan; and land
development regulations, will: result in a high propensity to
provide for orderly community development; protect and preserve
environmental and conservation uses and assets; enhance the
market value for both present and future landowners of the
property consistent with the need to protect private property;
enhance the net economic benefit to St. Lucie County, including
an enhanced and well maintained tax base to the benefit of all
present and future taxpayers in St. Lucie County; and result in
the sharing of costs by landowners and residents of the District
for providing certain systems, facilities, and services in an
innovative, sequential, and flexible manner within the
developing area to be serviced by the District.
4 . 4
I Deleted:respective county
Deleted: a
Deleted: and Indian River
Deleted: ies
Deleted: and Indian River
Deleted: ies
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91 (h) The creation and establishment of the District will
92 encourage local government financial self-sufficiency in
93 providing public facilities and in identifying and implementing
94 fiscally sound, innovative, and cost-effective techniques to
95 provide and finance public facilities while encouraging
96 development, use, and coordination of capital improvement plans
97 by all levels of government, pursuant to Chapter 187, Florida
98 Statutes.
99 (i) The creation and establishment of the District will
100 encourage and enhance cooperation among communities that have
101 unique assets, irrespective of political boundaries, to bring
102 the private and public sectors together for establishing an
103 orderly, environmentally and economically sound plan for current
104 and future needs and growth.
105 (j) The creation and establishment of the District is a
106 legitimate alternative method available to manage, own, operate,
107 construct, and finance capital infrastructure systems,
108 facilities, and services.
109 (k) In order to be responsive to the critical timing
110 required through the exercise of its special management
ill functions, an independent district requires financing of those
112 functions, including bondable, lienable and non-lienable
113 revenue, with full and continuing public disclosure and
114 accountability, funded by landowners, both present and future,
1 5.
eM
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DRAFT
and funded also by users of the systems, facilities, and
services provided to the land area by the District, without
unduly burdening the taxpayers and citizens of the state, St.
Lucie County, or any municipality therein.
(1) The District created and established by this Act shall
not have or exercise any comprehensive planning, zoning or
development permitting power, the establishment of the District
shall not be considered a development order within the meaning
of Chapters 163 or 380, and all applicable planning and
permitting laws, rules, regulations, and policies of St. Lucie
ICounty control the development of the land to be serviced by the
District.
(m) The creation by this Act of the Cloud Grove Stewardship
District is consistent with the St. Lucie County comprehensive
plan..
(n) It is the legislative intent and purpose that no debt
or obligation of the District constitutes a burden on any local
general-purpose government without its consent.
(2) Definitions. --As used in this Act:
(a) "Ad valorem bonds" means bonds which are payable from
the proceeds of ad valorem taxes levied on real and tangible
personal property and which are generally referred to as general
obligation bonds.
6•
I
Deleted: Indian River County,
Deleted: and Indian River
lCounties
Deleted: not in
Delete* or Indian River
County
( Deleted: a
Deleted: of 97
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138 (b) "Assessable improvements" means, without limitation,
139 any and all public improvements and community facilities that
140 the District is empowered to provide in accordance with this Act
141 that provide a special benefit to property within the District.
142 (c) "Assessment bonds" means special obligations of the
143 District which are payable solely from proceeds of the special
144 assessments or benefit special assessments levied for assessable
145 improvements, provided that, in lieu of issuing assessment bonds
146 to fund the costs of assessable improvements, the District may
147 issue revenue bonds for such purposes payable from special
148 assessments.
149 (d) "Assessments" means those nonmillage District
150 assessments which include special assessments, benefit special
151 assessments, and maintenance special assessments and a
152 nonmillage, non -ad valorem maintenance tax if authorized by
153 general law.
154 (e) "Cloud Grove Stewardship District" means the unit of
155 special and single purpose local government created and
156 chartered by this Act, including the creation of its charter,
157 and limited to the performance, in implementing its single
158 purpose, of those general and special powers authorized by its
159 charter under this Act, the boundaries of which are set forth by
160 the Act, the governing head of which is created and authorized
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to operate with legal existence by this Act, and the purpose of
which is as set forth in this Act.
(f) "Benefit special assessments" are District assessments
imposed, levied, and collected pursuant to the provisions of
section 6 (12) (b).
(g) "Board of Supervisors" or "board" means the governing
board of the District or, if such board has been abolished, the
board, body, or commission assuming the principal functions
thereof or to whom the powers given to the board by this Act
have been given by law.
(h) "Bond" includes "certificate," and the provisions that
are applicable to bonds are equally applicable to certificates.
The term "bond" includes any general obligation bond, assessment
bond, refunding bond, revenue bond, and other such obligation in
the nature of a bond as is provided for in this Act.
(i) "Cost" or "costs," when used with reference to any
project, includes, but is not limited to:
1. The expenses of determining the feasibility or
practicability of acquisition, construction, or reconstruction.
2. The cost of surveys, estimates, plans, and
specifications.
3. The cost of improvements.
4. Engineering, fiscal, and legal expenses and charges.
8,
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184
185
186
187
188
189'
190
191
192
193
194
195
1961
197
198
199
200
201
202
203
204
205
206
DRAFT
5. The cost of all labor, materials, machinery, and
equipment.
6. The cost of all lands, properties, rights, easements,
and franchises acquired.
7. Financing charges.
8. The creation of initial reserve and debt service funds.
9. Working capital.
10. Interest charges incurred or estimated to be incurred
on money borrowed prior to and during construction and
acquisition and for such reasonable period of time after
completion of construction or acquisition as the board may
determine.
11. The cost of issuance of bonds pursuant to this Act,
including advertisements and printing.
12. The cost of any bond or tax referendum held pursuant
to this Act and all other expenses of issuance of bonds.
13. The discount, if any, on the sale or exchange of
bonds.
14. Administrative expenses.
15. Such other expenses as may be necessary or incidental
to the acquisition, construction, or reconstruction of any
project, or to the financing thereof, or to the development of
any lands within the District.
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207 16. Payments, contributions, dedications, and any other
208 exactions required as a condition of receiving any government
209 approval or permit necessary to accomplish any District purpose.
210 (j) "District" means the Cloud Grove Stewardship District.
211 (k) "District manager" means the manager of the District.
212 (1) "District roads" means highways, streets, roads,
213 alleys, sidewalks, landscaping, storm drains, bridges, and
214 thoroughfares of all kinds.
215 (m) "General obligation bonds" means bonds which are
216 secured by, or provide for their payment by, the pledge of the
217 full faith and credit and taxing power of the District, in
218 addition to those special taxes levied for their discharge and
219 such other sources as may be provided for their payment or
220 pledged as security under the resolution authorizing their
221 issuance, and for payment of which recourse may be had against
222 the general fund of the District.
223 (n) "Governing board member" means any member of the Board
224 of Supervisors.
225 (o) "Land development regulations" means those regulations
226 of general purpose local government, adopted under the Florida
227 Local Government Comprehensive Planning and Land Development
228 Regulation Act, codified as part II of chapter 163, Florida
229 Statutes, as amended from time to time, to which the District is
230 subject and as to which the District may not do anything that is
10-
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231
inconsistent. Land development regulations shall not mean
232
specific management, engineering, planning, and other criteria
233
and standards needed in the daily management, implementation,
234
and provision by the District of systems, facilities, services,
235
works, improvements, projects, or infrastructure, including
236
design criteria and standards, so long as they remain subject to
237
and are not inconsistent with the applicable land development
238
regulations.
239
(p) "Landowner" means the owner of a freehold estate as it
240
appears on the deed record, including a trustee, a private
241
corporation, and an owner of a condominium unit. Landowner does
242
not include a reversioner, remainderman, mortgagee, or any
Deleted: and need not be �
1,notified
243
governmental entity that shall not be counted under this Act.
of proceedings
244
However, any governmental entity that owns land within the
245
District shall be notified of proceedings under this Act,
246
regardless of whether such governmental entity's land can be
247
assessed or whether such governmental entity is counted as a
248
"landowner" under this Act. Landowner also means the owner of a
249
ground lease from a governmental entity, which leasehold
250
interest has a remaining term, excluding all renewal options, in
251
excess of 50 years.
252
(q) "General-purpose local government" means a county,
— —
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253
municipality, or consolidated city -county government.
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254 (r) "Maintenance special assessments" are assessments
255 imposed, levied, and collected pursuant to the provisions of
256 section 6 (12) (d) .
257 (s) "Non -ad valorem assessment" means only those
258 assessments which are not based upon millage and which can
259 become a lien against a homestead as permitted in s.4, Art. X of
260 the State Constitution.
261 (t) "Powers" means powers used and exercised by the Board
262 of Supervisors to accomplish the single, limited, and special
263 purpose of the District including:
264 1. "General powers" means those organizational and
265 administrative powers of the District as provided in its charter
266 in order to carry out its single special purpose as a local
267 government public corporate body politic.
268 2. "Special powers" means those powers enumerated by the
269 District charter to implement its specialized systems,
270 facilities, services, projects, improvements, and infrastructure
271 and related functions in order to carry out its single
272 specialized purpose.
273 3. Any other powers, authority, or function set forth in
274 this Act.
275 (u) "Project" means any development, improvement,
276 property, power, utility, facility, enterprise, service, system,
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277 works, or infrastructure now existing or hereafter undertaken or
278 established under the provisions of this Act.
279 (v) "Qualified elector" means any person at least 18 years
280 of age who is a citizen of the United States, a legal resident
281 of Florida and of the District and who registers to vote with
282 the Supervisor of Elections in �St. Lucie County and resides in
283 rSt. Lucie County.
284 (w) "Refunding bonds" means bonds issued to refinance
285 outstanding bonds of any type and the interest and redemption
286 premium thereon. Refunding bonds shall be issuable and payable
287 in the same manner as refinanced bonds, except that no approval
288 by the electorate shall be required unless required by the State
289 Constitution.
290 (x) "Revenue bonds" means obligations of the District that
291 are payable from revenues, including, but not limited to,
292 special assessments and benefit special assessments, derived
293 from sources other than ad valorem taxes on real or tangible
294 personal property and that do not pledge the property, credit,
295 or general tax revenue of the District.
296 (y) "Sewer system" means any plant, system, facility, or
297 property, and additions, extensions, and improvements thereto at
298 any future time constructed or acquired as part thereof, useful
299 or necessary or having the present capacity for future use in
300 connection with the collection, treatment, purification, or
13•
0
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Deleted:or Indian River
County
Deleted: either
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County I
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301 disposal of sewage, including, but not limited to, industrial
302 wastes resulting from any process of industry, manufacture,
303 trade, or business or from the development of any natural
304 resource. Sewer system also includes treatment plants, pumping
305 stations, lift stations, valves, force mains, intercepting
306 sewers, laterals, pressure lines, mains, and all necessary
307 appurtenances and equipment; all sewer mains, laterals, and
308 other devices for the reception and collection of sewage from
309 premises connected therewith; and all real and personal property
310 and any interest therein, rights, easements, and franchises of
311 any nature relating to any such system and necessary or
312 convenient for operation thereof.
313 (z) "Special assessments" shall mean assessments as
314 imposed, levied, and collected by the District for the costs of
315 assessable improvements pursuant to the provisions of this Act,
316 chapter 170, Florida Statutes, as amended from time to time, and
317 the additional authority under section 197.3631, Florida
318 Statutes, as amended from time to time, or other provisions of
319 general law, now or hereinafter enacted, which provide or
320 authorize a supplemental means to impose, levy, or collect
321 special assessments.
322 (aa) "Taxes" or "tax" means those levies and impositions
323 of the Board of Supervisors that support and pay for government
324 and the administration of law and that may be:
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325 1. Ad valorem or property taxes based upon both the
326 appraised value of property and millage, at a rate uniform
327 within the jurisdiction;
328 2. If and when authorized by general law, non -ad valorem
329 maintenance taxes not based on millage that are used to maintain
330 District systems, facilities, and services.
331 (bb) "Water system" means any plant, system, facility, or
332 property, and any addition, extension, or improvement thereto at
333 any future time constructed or acquired as a part thereof,
334 useful, necessary, or having the present capacity for future use
335 in connection with the development of sources, treatment,
336 purification, or distribution of water. Water system also
337 includes dams, reservoirs, storage tanks, mains, lines, valves,
338 pumping stations, laterals, and pipes for the purpose of
339 carrying water to the premises connected with such system, and
340 all rights, easements, and franchises of any nature relating to
341 any such system and necessary or convenient for the operation
342 thereof.
343 (3) Policy. --Based upon its findings, ascertainments,
344 determinations, intent, purpose, and definitions, the
345 Legislature states its policy expressly:
346 (a) The District and the District charter, with its
347 general and special powers, as created in this Act, are
348 essential and the best alternative for the residential,
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349
commercial, and other community uses, projects, or functions in
350
the included portions of St. LucieCounty consistent with the
Deleted: and Indian River
Deleted: ies
351
effective comprehensive plarL and designed to serve a lawfulDeleted-
s
352
public purpose.
353
(b) The District which is a local government and a
354
political subdivision is limited to its special purpose as
355
expressed in this Act, with the power to provide, plan,
356
implement, construct, maintain, and finance as a local
357
government management entity its systems, facilities, services,
358
improvements, infrastructure, and projects and possessing
359
financing powers to fund its management power over the long term
360
and with sustained levels of high quality.
361
(c)The creation of the Cloud Grove Stewardship District by
362
and pursuant to this Act, and its exercise of its management and
363
related financing powers to implement its limited, single and
364
special purpose is not a development order and does not trigger
365
or invoke any provision within the meaning of chapter 380,
366
Florida Statutes, and all applicable governmental planning,
367
environmental, and land development laws, regulations, rules,
368
policies and ordinances apply to all development of the land
_
369
within the jurisdiction of the District as created by this Act.
Deleted: not in
Deleted;s
370
(d) The District shall operate and function subject to, and
Deleted either
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371
Jconsistent with the applicable comprehensive plan of J,St . Lucie
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372 I County, and any applicable development orders, zoning
373 regulations, and other land development regulations.
374 (e) The special and single purpose Cloud Grove Stewardship
375 District shall not have the power of a general purpose local
376 government to adopt a comprehensive plan or related land
377 development regulation as those terms are defined in the Florida
378 Local Government Comprehensive Planning and Land Development
379 Regulation Act.
380 (f) This Act may be amended only by special act of the
381 Legislature in whole or in part. No amendment to this Act which
382 alters the District boundaries or the general or special powers
383 of the District shall be adopted by the Legislature unless it is
384 accompanied by a resolution or official statement as provided
385 for in s.189.404(2)(e)4.
386 Section 3. Creation and establishment; jurisdiction;
387 construction; charter with legal description.
388 ( (1) Creation and establishment. --The Cloud Grove
389 Stewardship District, which also may be referred to and be known
390 as the "Stewardship District," "Cloud Grove District," or
391 "District" is created and incorporated as a public body,
392 corporate and politic, an independent, limited, special purpose
393 local government, an independent special district, under section
394 189.404, Florida Statutes, as amended from time to time, and as
395 defined in this Act and in section 189.403(3), Florida Statutes,
1 17•
Deleted: or Indian River
Deleted: However, if an
amendment alters the
District boundaries in only
one county, or affects the
District's general or
special powers in only one
county, it shall be
necessary to secure the
resolution or statement from
only the affected county.!
Deleted: Minimum general law
requirements;
Deleted: c
Deleted: Pursuant to section
1e9.404(3), Florida
Statutes, the Legislature
sets forth that the minimum
requirements in paragraphs
(a) through (o) have been
met in the identified
provisions of this Act as
follows: I
(a) The purpose of the
District is stated in the
Act in section 2, subsection
(3) and section 3,
subsection (4);a
(b) The powers, functions,
and duties of the District
regarding ad valorem
taxation, bond issuance,
other revenue -raising
capabilities, budget
preparation and approval,
liens and foreclosure of
liens, use of tax deeds and
tax certificates as
appropriate for non -ad
valorem assessments, and
contractual agreements are
set forth in section 6;
(c) The provisions for
methods for establishing the
District are in section 3;J
(d) The methods for
amending the charter of the
District are set forth in
sections 2;!
(a) The provisions for the
membership and organization
of the governing board and
the establishment of a
quorum are in section 5;!
(f) The provisions
regarding maximum
compensation of each board
member are in section 5;T
(g) The provisions
regarding the administr _)_
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396 as amended from time to time, in and for portions of St. Lucie
397 1 Ccuntyr. Any amendments to chapter 190, Florida Statutes, after
398 January 1, 2007, granting additional general powers, special
399 powers, authorities, or functions to a community development
400 district by amendment to its uniform charter, sections 190.o06-
401 190.041, Florida Statutes, shall constitute a general power,
402 special power, authority, or function of the Cloud Grove
403 Stewardship District. All notices for the enactment by the
404 Legislature of this Act, a special act, have been provided
405 pursuant to the State Constitution, the Laws of Florida, and the
406 Rules of the Florida House of Representatives and of the Florida
407 Senate.
408 (2 The territorial boundary of the District shall embrace
409 and include all of that certain real property described legally
410 in the following section 4(2).
411 I (1) The jurisdiction of this District, in the exercise of
412 its general and special powers, and in the carrying out of its
413 special purposes, is both within the external boundaries of the
414 legal description of this District and extraterritorially as
415 provided for in paragraphs Wand(p)of subsection (6), and
416 paragraph (h) of subsection (7) of section 6 This special
417 purpose District is created as a public body corporate and
418 politic and local government authority and power is limited by
419 its charter, this Act, and subject to the provisions of other
18•
4
Deleted: and Indian River
Deleted:ies
DQh1W-'NO referendum
subsequent to the effective
date of this Act is required
as a condition of
establishing the District.
Therefore, the District, as
created by this Act, is
established on the property
described in this Act.
Deleted: 3
Deleted:when limited to, and
as authorized expressly
elsewhere in, the charter of
,the District as created in
ithis Act or applicable
!general law.
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420 general laws, including chapter 189, Florida Statutes, except
421 that an inconsistent provision in this Act shall control and the
422 District has jurisdiction to perform such acts and exercise such
423 authorities, functions, and powers as shall be necessary,
424 convenient, incidental, proper, or reasonable for the
425 implementation of its limited, single, and specialized purpose
426 regarding the sound planning, provision, acquisition,
427 construction, operation, maintenance, and related financing of
428 those public systems, facilities, services, improvements,
429 projects, and infrastructure works as authorized herein
430 including those necessary and incidental thereto.
431 I (44) Exclusive charter. --The exclusive charter of the
432 "Cloud Grove Stewardship District" is this Act and, except as
433 I otherwise provided in Section 3 (IS) of this Act, may be amended
434 only by special act of the Legislature.
435 Section 4. Legal description of the Cloud Grove
436 Stewardship District.--
437 LEGAL DESCRIPTION. The metes and bounds legal description
438 of the District, within which there are no parcels of property
439 owned by those who do not wish their property to be included
440 within the District, is as follows:
441 IrPARCEL 1: THE WEST 3/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 38
442 EAST, ST. LUCIE COUNTY, FLORIDA.
199 1
Deleted: 5
Deleted: 2
Deleted: 'THAT PORTION OF THE I
PROPERTY LOCATED IN INDIAN
RIVER COUNTY:'
PARCEL I: ALL OF SECTIONS 28�
AND 33 AND THE WEST 1/2 OF i
THE WEST 1/2 OF SECTION 34,
TOWNSHIP 33 SOUTH, RANGE 38
EAST, INDIAN RIVER COUNTY,
FLORIDA, TOGETHER WITH
EASEMENTS APPURTENANT
THERETO AS DESCRIBED IN THE
FOLLOWING INSTRUMENTS, TO
WIT:1
a) THAT CERTAIN AGREEMENT BY
AND BETWEEN HERBERT J.
KNUDTEN AND SOFIA P.
KNUDTEN, HIS WIFE; ADRIANA
K. MARTIN, CONRAD TUERK AND
GEORGE REYNOLDS TUERK, AS
CO -EXECUTORS OF THE LAST
WILL & TESTAMENT OF FRED R.
TUERK, DECEASED; ST. JOHNS
DRAINAGE DISTRICT; CUSHMAN
S. RADEBAUGH & SONS, INC.,
LOMA LINDA CORPORATION AND
THE COCA -COLA COMPANY, DATED
.TUNE 22, 1970 AND RECORDED
ON SEPTEMBER 25, 1970 IN
OFFICIAL RECORDS BOOK 362 AT
PAGES 102 et seq. OF THE
PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA.1
b) THAT CERTAIN AGREEMENT
FOR EASEMENTS EXECUTED BY
MINUTE MAID GROVES
CORPORATION AND LOMA LINDA
CORPORATION DATED JULY 26,
1961 AND RECORDED ON AUGUST
1, 1961 IN OFFICIAL RECORDS
BOOK 129 AT PAGES 381 et i
seq. 1
ALL OFFICIAL RECORDS BOOK I
AND PAGE REFERENCES BEING TO
THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA.�
THAT PORTION OF THE PROPERTY!
LOCATED IN ST. LUCIE COUNTY:!]
9 I
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DRAFT
443 PARCEL 2: ALL OF SECTION 4, TOWNSHIP 34 SOUTH, RANGE 38 EAST,
444 ST. LUCIE COUNTY, FLORIDA.
445 PARCEL 3: ALL OF SECTION 5, TOWNSHIP 34 SOUTH, RANGE 38 EAST,
446 ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 50.00 FEET
447 THEREOF.
448 PARCEL 4: ALL OF SECTION 8, TOWNSHIP 34 SOUTH, RANGE 38 EAST,
449 ST. LUCIE COUNTY, FLORIDA.
450 PARCEL 5: ALL OF SECTION 9, TOWNSHIP 34 SOUTH, RANGE 38 EAST,
451 ST. LUCIE COUNTY, FLORIDA.
452 PARCEL 6: THE WEST 3/4 OF SECTION 10, TOWNSHIP 34 SOUTH, RANGE
453 38 EAST, ST. LUCIE COUNTY, FLORIDA.
454 PARCEL 7: THE WEST 3/4 OF NORTH 1/2 OF SECTION 15, TOWNSHIP 34
455 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA.
456 PARCEL 8: ALL OF SECTION 16, TOWNSHIP 34 SOUTH, RANGE 38 EAST,
457 ST. LUCIE COUNTY, FLORIDA.
458 PARCEL 9: ALL OF SECTION 17, TOWNSHIP 34 SOUTH, RANGE 38 EAST,
459 ST. LUCIE COUNTY, FLORIDA.
460 PARCEL 10: ALL OF SECTION 20, TOWNSHIP 34 SOUTH, RANGE 38 EAST,
461 ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE SOUTH 388 ACRES
462 OF THE EAST 3/4 OF SAID SECTION 20.
463 PARCEL 11: THE NORTH 1/2 OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE
464 38 EAST, ST. LUCIE COUNTY, FLORIDA.
465 PARCEL 12: THE WEST 1/4 OF SECTION 29, TOWNSHIP 34 SOUTH, RANGE
466 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THE RIGHT-
( 20,
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467 OF -WAY FOR THE SUNSHINE STATE PARKWAY (ALSO KNOWN AS THE FLORIDA
468 TURNPIKE).
469 PARCEL 13: AN UNDIVIDED 1/2 INTEREST IN THE NORTH 500.00 FEET OF
470 SECTION 6, TOWNSHIP 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY,
471 FLORIDA. TOGETHER WITH THOSE CERTAIN EASEMENTS APPURTENANT TO
472 THE ABOVE DESCRIBED PARCEL 1 THROUGH 13, INCLUSIVE, AS SUCH
473 APPURTENANT EASEMENTS ARE CREATED BY AND DESCRIBED IN THE
474 FOLLOWING INSTRUMENTS, TO WIT:
475 TOGETHER WITH THOSE CERTAIN EASEMENTS APPURTENANT TO THE ABOVE
476 PARCEL 1 THROUGH PARCEL 14, INCLUSIVE, AS SUCH APPURTENANT
477 EASEMENTS ARE CREATED BY AND DESCRIBED IN THE FOLLOWING
478 INSTRUMENTS, TO WIT:
479 a) THAT CERTAIN EASEMENT AGREEMENT EXECUTED BY STRAZZULLA
480 BROTHERS COMPANY, ETC., et al., TO AND IN FAVOR OF MINUTE MAID
481 CORPORATION DATED FEBRUARY 24, 1959 AND RECORDED ON FEBRUARY 24,
482 1959 IN DEED BOOK 245 AT PAGES 574 et seq. OF THE PUBLIC RECORDS
483 OF ST. LUCIE COUNTY, FLORIDA.
484 b) THAT CERTAIN EASEMENT AGREEMENT EXECUTED BY STRAZZULLA
485 BROTHERS COMPANY, ETC., et al. TO AND IN FAVOR OF MINUTE MAID
486 CORPORATION DATED FEBRUARY 24, 1959 AND RECORDED ON FEBRUARY 24,
487 1959 IN DEED BOOK 245 AT PAGES 566 et seq. OF THE PUBLIC RECORDS
488 OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THOSE EASEMENTS
489 RELEASED BY THAT CERTAIN RELEASE OF EASEMENT EXECUTED BY MINUTE
490 MAID GROVES CORPORATION TO AND IN FAVOR OF FIRST NATIONAL BANK
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491
49�
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
DRAFT
AT ORLANDO, AS TRUSTEE DATED JUNE 8, 1964 AND RECORDED ON JUNE
15, 1964 IN OFFICIAL RECORDS BOOK 91 AT PAGES 377 et seq. OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
c) THAT CERTAIN EASEMENT AGREEMENT EXECUTED BY STRAZZULLA
BROTHERS COMPANY, ETC., et al. TO AND IN FAVOR OF MINUTE MAID
CORPORATION DATED FEBRUARY 24, 1959 AND RECORDED ON FEBRUARY 24,
1959 IN DEED BOOK 245 AT PAGES 570 et seq. OF THE PUBLIC RECORDS
OF ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT THOSE EASEMENTS
RELEASED BY THAT CERTAIN RELEASE OF EASEMENT EXECUTED BY MINUTE
MAID CORPORATION TO AND IN FAVOR OF STRAZZULLA BROTHERS
COMPANY, ETC., et al. DATED SEPTEMBER 24, 1959 AND RECORDED ON
FEBRUARY 29, 1960 IN DEED BOOK 255 AT PAGES 658 et seq. OF THE
PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
d) THAT CERTAIN EASEMENT AGREEMENT EXECUTED BY SYBIL LEVITA
CULVERHOUSE, AS TRUSTEE, ETC., SYBIL LEVITA CULVERHOUSE, AS
GUARDIAN, ETC., AND SYBIL LEVITA CULVERHOUSE, INDIVIDUALLY,
JOINED BY GEORGE H. CULVERHOUSE, HER HUSBAND, TO AND IN FAVOR OF
MINUTE MAID CORPORATION DATED JANUARY 22, 1960 AND RECORDED ON
MARCH 7, 1960 IN DEED BOOK 256 AT PAGE 116 OF THE PUBLIC
RECORDS OF ST. LUCIE COUNTY, FLORIDA.
e) THAT CERTAIN EASEMENT AGREEMENT EXECUTED BY E.R. BROWN, et
al. AND MINUTE MAID GROVES CORPORATION, et al., DATED MAY 15,
1961 AND RECORDED ON SEPTEMBER 11, 1961 IN OFFICIAL RECORDS BOOK
22"
a
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514 18 AT PAGES 241 et seq. OF THE PUBLIC RECORDS OF ST. LUCIE
515 COUNTY, FLORIDA.
516 f) THAT CERTAIN GRANT OF EASEMENT EXECUTED BY FIRST NATIONAL
517 BANK AT ORLANDO, AS TRUSTEE, ETC. TO AND IN FAVOR OF MINUTE
518 MAID GROVES CORPORATION DATED MAY 11, 1964 AND RECORDED ON
519 JUNE 15, 1964 IN OFFICIAL RECORDS BOOK 91 AT PAGES 382 et seq.
520 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA.
521 g) THAT CERTAIN AGREEMENT BY AND BETWEEN HERBERT J. KNUDTEN AND
522 SOPHIA P. KNUDTEN, HIS WIFE; ADRIANA K. MARTIN, CONRAD TUERK AND
523 GEORGE REYNOLDS TUERK, AS CO -EXECUTORS OF THE LAST WILL AND
524 TESTAMENT OF FRED R. TUERK, DECEASED; ST. JOHNS DRAINAGE
525 DISTRICT; CUSHMAN S. RADEBAUGH & SONS, INC.; LOMA LINDA
526 CORPORATION AND THE COCA -COLA COMPANY, DATED JUNE 22, 1970 AND
527 RECORDED ON SEPTEMBER 16, 1970 IN OFFICIAL RECORDS BOOK 187 AT
528 PAGES 158 et seq. OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY,
529 FLORIDA.
530 PARCEL 14: THE NORTH THIRTY (30) FEET OF THE SOUTH 388 ACRES OF
531 THE EAST THREE-QUARTERS OF SECTION 20, TOWNSHIP 34 SOUTH, RANGE
532 38 EAST, ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING MORE
533 PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF
534 SAID SECTION 20, RUN SOUTH 00°21143" WEST, ALONG THE EAST LINE
535 OF SAID SECTION 20, A DISTANCE OF 1055.22 FEET TO THE POINT OF
536 BEGINNING; THENCE RUN NORTH 89°49'14" WEST, ALONG THE NORTH LINE
537 OF THE SOUTH 388 ACRES OF THE EAST THREE-QUARTERS OF SAID
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538 SECTION 20 A DISTANCE OF 3990.48 FEET TO THE WEST LINE OF THE
539 EAST THREE-QUARTERS OF SAID SECTION 20. THENCE RUN SOUTH
540 00039104" WEST ALONG SAID WEST LINE A DISTANCE OF 30 FEET;
541 THENCE RUN SOUTH 89049114" EAST A DISTANCE OF 3990.63 FEET TO A
542 POINT ON THE EAST LINE OF SAID SECTION 20; THENCE RUN NORTH
543 00021'45" EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING.
544 TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, BOTH
545 PEDESTRIAN AND VEHICULAR, AND FOR MAINTENANCE, REPAIR AND
546 INSPECTION OF AN EXISTING LEVEE, OVER, UPON AND ACROSS THE
547 FOLLOWING DESCRIBED REAL PROPERTY, TO -WIT:
548 BEGINNING AT THE EAST ONE -QUARTER CORNER OF SECTION 20, TOWNSHIP
549 34 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, RUN NORTH
550 89049'22" WEST ALONG THE ONE QUARTER SECTION LINE OF SAID
551 SECTION 20 A DISTANCE OF 70 FEET; THENCE RUN NORTH 00022'34"
552 EAST ON A LINE PARALLEL TO THE EAST LINE OF SAID SECTION 20 A
553 DISTANCE OF 228.68 FEET; THENCE RUN NORTH 09041'22" EAST A
554 DISTANCE OF 432.54 FEET TO A POINT ON SAID EAST LINE OF SAID
555 SECTION 20; THENCE RUN SOUTH 00122134" WEST ALONG SAID EAST LINE
556 A DISTANCE OF 655.28 FEET TO THE POINT OF BEGINNING AT THE EAST
557 ONE -QUARTER CORNER OF SAID SECTION 20; AND
558 FURTHER TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS,
559 PEDESTRIAN AND VEHICULAR, AND FOR MAINTENANCE, REPAIR AND
560 INSPECTION OF EXISTING LEVEE OVER, UPON AND ACROSS SUCH EXISTING
561 LEVEE AS AND WHERE NOW LOCATED ALONG AND ACROSS THE EAST -WEST
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562 ONE -QUARTER SECTION LINE OF SECTION 21, TOWNSHIP 34 SOUTH, RANGE
563 38 EAST."
564 Section 5. BOARD OF SUPERVISORS; MEMBERS AND MEETINGS;
565 ORGANIZATION; POWERS; DUTIES; TERMS OF OFFICE; RELATED ELECTON
566 REQUIREMENTS.-
567 1) The board of the District shall exercise the powers
568 granted to the District pursuant to this act. The board shall
569 consist of five members; each member shall hold office for a
570 term of 4 years, as provided in this section, except as
571 otherwise provided herein for initial board members, and until a
572 successor is chosen and qualified. The members of the board must
573 be residents of the state and citizens of the United States.
574 (2)(a) Within 90 days following the effective date of the
575 law establishing the District, there shall be held a meeting of
576 the landowners of the District for the purpose of electing five
577 supervisors for the District. Notice of the landowners' meeting
578 shall be published once a week for 2 consecutive weeks in a
579 newspaper which is in general circulation in the area of the
580 District, the last day of such publication to be not fewer than
581 14 days or more than 28 days before the date of the election.
582 The landowners, when assembled at such meeting, shall organize
583 by electing a chair who shall conduct the meeting. The chair may
584 be any person present at the meeting. If the chair is a
585 landowner or proxy holder of a landowner, he or she may nominate
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586 candidates and make and second motions. The landowners present
587 at the meeting, in person or by proxy shall constitute a quorum.
588 At any landowners, meeting, 50 percent of the District acreage
589 shall not be required to constitute a quorum and each governing
590 board member elected by landowners shall be elected by a
591 majority of the acreage represented either by owner or proxy
592 present and voting at said meeting.
593 (b) At such meeting, each landowner shall be entitled to
594 cast one vote per acre of land owned by him or her and located
595 within the District for each person to be elected. A landowner
596 may vote in person or by proxy in writing. Each proxy must be
597 signed by one of the legal owners of the property for which the
598 vote is cast and must contain the typed or printed name of the
599 individual who signed the proxy; the street address, legal
600 description of the property, or tax parcel identification
601 number; and the number of authorized votes. If the proxy
602 authorizes more than one vote, each property must be listed and
603 the number of acres of each property must be included. The
604 signature on a proxy need not be notarized. A fraction of an
605 acre shall be treated as 1 acre, entitling the landowner to one
606 vote with respect thereto. The two candidates receiving the
607 highest number of votes shall be elected for a term expiring
608 November 16, 2010, and the three candidates receiving the next
609 largest number of votes shall be elected for a term expiring
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610 November 18, 2008, with the term of office for each successful
611 candidate commencing upon election. The members of the first
612 board elected by landowners shall serve their respective terms;
613 however, the next election of board members shall be held on the
614 first Tuesday after the first Monday in November 2008.
615 Thereafter, there shall be an election by landowners for the
616 District every 2 years on the first Tuesday after the first
617 Monday in November, which shall be noticed pursuant to paragraph
618 (a). The second and subsequent landowners' election shall be
619 announced at a public meeting of the board at least 90 days
620 prior to the date of the landowners' meeting and shall also be
621 noticed pursuant to paragraph (a). Instructions on how all
622 landowners may participate in the election, along with sample
623 proxies, shall be provided during the board meeting that
624 announces the landowners' meeting. Each supervisor elected in
625 or after November 2008 shall serve a four-year term.
626 (3)(a)1. The board may not exercise the ad valorem taxing power
627 authorized by this Act until such time as all members of the
628 board are qualified electors who are elected by qualified
629 electors of the District
630 2.a. Board members shall begin being elected by qualified
631 electors of the District as the District becomes populated with
632 qualified electors. The transition shall occur such that the
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633 composition of the Board, after the first general election
634 following theme triggers set forth below, shall be as follows:
635 i. Once .20 percent of the parcels in all phases of the
636 District have been improved and conveyed, three governing board
637 members shall be persons who were elected by the qualified
638 electors and two governing board members shall be persons who
639 were elected by the landowners; an
640 j,� Once 100 percent of the Parcels in all Phases of the
641 District have been improved and conveyed, all five governing
642 board members shall be persons who were elected by the qualified
643 electors.
644 Nothing herein is intended to require an election prior to the
645 expiration of an existing board member's term.
646 b. On or before June 1 of each year, the board shall
647 determine the number of parcels in the District that have been
648 improved and conveyed as of the immediately preceding April 15.
649 The board shall use and rely upon the official records
650 maintained by the pistrict, County building permit department,
651 and property appraiser or tax collector in each county in making
652 this determination. Such determination shall be made at a
653 properly noticed meeting of the board and shall become a part of
654 the official minutes of the District.
1 28,
Deleted: a
Deleted: of the qualified
elector population
thresholds
Deleted: (insert number)
qualified electors reside
within the District, one
governing board member shall
be a person who was elected
by the qualified electors,
and four governing board
members shall be persons who
were elected by the
�landownersA
ii. Once (insert
number)qualified electors
reside within the District,
two governing board members
shall be persons who were i
elected by the qualified
electors, and three
governing board members
shall be persons elected by
the landowners; q
iii_ Once
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New
Deleted: (insert
number)qualified electors
reside within the District
Deleted¢ 7
Deleted: i ®®�
DeleW:v. Once (insert
number)qualified electors
reside within the District,
four governing board members
shall be persons who were
elected by the qualified
electora and one governing
board member shall be a
person who was elected by
the landowners; andl
Deleted: v.
Dedebed:(insert number)
qualified electors reside
within the District,
Delete& qualified electors
in the District
Deleted' supervisor of
elections,
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655
656
657
658
659
660
661
662
663
664
665
666
667
668
669
670
671
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675
DRAFT
C. All governing board members elected by qualified
electors shall be elected at large at an election occurring as
provided herein.
d. The board member seats first available for election by
qualified electors because the District has triggered the
threshold in 2.a. i. shall be designated seats number one, two
and three. The board member seats first available for election
by qualified electors because the District has triggered the
threshold in 2.a.ii. shall be designated seats number four and
f ive,.'
,e. Once a District qualifies to have any of its board
members elected by the qualified electors of the District, the
initial and all subsequent elections by the qualified electors
of the District shall be held at the general election in
November. The board shall adopt a resolution if necessary to
implement this requirement. The transition process described
herein is intended to be in lieu of the process set forth in
s.189.4051.
(b) Elections of board members by qualified electors held
pursuant to this subsection shall be nonpartisan and shall be
conducted in the manner prescribed by law for holding general
29,
r
Deleted: two f
Deleted: The board member
seat first available for
election by qualified
electors because the
District has triggered the
threshold in 2.a.iii. shall
be designated seat number
three. The board member seat
first available for election
by qualified electors
because the District has
triggered the threshold in
2.a.iv. shall be designated..
seat number four. The board
member seat first available
for election by qualified
electors because the
District has triggered the
threshold in 2.a.v. shall be
designated seat number five.
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676 elections. Board members shall assume the office on the second
677 Tuesday following their election.
678 (c) Candidates seeking election to office by qualified
679 electors under this subsection shall conduct their campaigns in
680 accordance with the provisions of chapter 106 and shall file
681 qualifying papers and qualify for individual seats in accordance
682 with s. 99.061. Candidates shall pay a qualifying fee, which
683 shall consist of a filing fee and an election assessment or, as
684 an alternative, shall file a petition signed by not less than 1
685 percent of the registered voters of the District, and take the
686 oath required in s. 99.021, with the supervisor of elections in
687 I St. Lucie County. The amount of the filing fee is 3 percent of
688 $4,800; however, if the electors have provided for compensation,
689 the amount of the filing fee is 3 percent of the maximum annual
690 compensation so provided. The amount of the election assessment
691 is 1 percent of $4,800; however, if the electors have provided
692 for compensation, the amount of the election assessment is 1
693 percent of the maximum annual compensation so provided. The
694 filing fee and election assessment shall be distributed as
695 provided in s. 105.031(3).
696 (d) The county supervisors of elections shall appoint the
697 inspectors and clerks of elections, prepare and furnish the
698 ballots, designate polling places, and canvass the returns of
1 30,
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699
the election of board members by qualified electors. The county
700
canvassing boards shall declare and certify the results of the
701
election.
702
(4) Members of the board, regardless of how elected, shall
Deleted:, shall
703
( be public officers,, shall be known as supervisors and, upon
704
entering into office, shall take and subscribe to the oath of
705
office as prescribed by s.876.05. Members of the board shall be
706
subject to ethics and conflict of interest laws of the state
707
that apply to all local public officers. They shall hold office
708
for the terms for which they were elected or appointed and until
709
their successors are chosen and qualified. If, during the term
710
of office, a vacancy occurs, the remaining members of the board
711
shall fill each vacancy by an appointment for the remainder of
712
the unexpired term.
713
(5) Any elected member of the Board of Supervisors may be
714
removed by the Governor for malfeasance, misfeasance,
715
dishonesty, incompetency, or failure to perform the duties
716
imposed upon him or her by this Act, and any vacancies that may
717
occur in such office for such reasons shall be filled by the
718
Governor as soon as practicable.
719
(6) A majority of the members of the board constitutes a
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721 exercising its powers and for all other purposes. Action taken
722 by the District shall be upon a vote of a majority of the
723 members present unless general law or a rule of the District
724 requires a greater number.
725 (7) As soon as practicable after each election or
726 appointment, the board shall organize by electing one of its
727 members as chair and by electing a secretary, who need not be a
728 member of the board, and such other officers as the board may
729 deem necessary.
730 (8) The board shall keep a permanent record book entitled
731 "Record of Proceedings of Cloud Grove Stewardship District," in
732 which shall be recorded minutes of all meetings, resolutions,
733 proceedings, certificates, bonds given by all employees, and any
734 and all corporate acts. The record book and all other District
735 records shall at reasonable times be opened to inspection in the
736 same manner as state, county, and municipal records pursuant to
737 chapter 119. The record book shall be kept at the office or
738 other regular place of business maintained by the board in a
739 designated location in St. Lucie County.
740 (9) Each supervisor shall be entitled to receive for his
741 or her services an amount not to exceed $200 per meeting of the
742 board of supervisors, not to exceed $4,800 per year per
32•
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743
744
745
746
747
748'
749
7501
751
752
753
754
755
756
757
758
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762
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DRAFT
supervisor, or an amount established by the electors at
referendum. In addition, each supervisor shall receive travel
and per diem expenses as set forth in s. 112.061.
(10) All meetings of the board shall be open to the public
and governed by the provisions of chapter 286.
Section 6. BOARD OF SUPERVISORS; GENERAL DUTIES.--
(1) District Manager and Employees. --The board shall
employ and fix the compensation of a District Manager. The
District Manager shall have charge and supervision of the works
of the District and shall be responsible for preserving and
maintaining any improvement or facility constructed or erected
pursuant to the provisions of this Act, for maintaining and
operating the equipment owned by the District, and for
performing such other duties as may be prescribed by the board.
It shall not be a conflict of interest under chapter 112,
Florida Statutes, as amended from time to time, for a board
member, the District Manager, or another employee of the
District to be a stockholder, officer, or employee of a
landowner. The District Manager may hire or otherwise employ and
terminate the employment of such other persons, including,
without limitation, professional, supervisory, and clerical
employees, as may be necessary and authorized by the board. The
33-
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76E
76E
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
DRAFT
compensation and other conditions of employment of the officers
and employees of the District shall be as provided by the board.
(2) Treasurer.-- The board shall designate a person who
is a resident of the state as Treasurer of the District, who
shall have charge of the funds of the District. Such funds shall
be disbursed only upon the order or pursuant to a resolution of
the board by warrant or check countersigned by the Treasurer and
by such other person as may be authorized by the board. The
board may give the Treasurer such other or additional powers and
duties as the board may deem appropriate and may fix his or her
compensation. The board may require the Treasurer to give a bond
in such amount, on such terms, and with such sureties as may be
deemed satisfactory to the board to secure the performance by
the Treasurer of his or her powers and duties. The financial
records of the board shall be audited by an independent
certified public accountant at least once a year.
(3) Public Depository.-- The board is authorized to select
as a depository for its funds any qualified public depository as
defined in section 280.02, Florida Statutes, as amended from
time to time which meets all the requirements of chapter 280,
Florida Statutes, as amended from time to time, and has been
designated by the Treasurer as a qualified public depository
upon such terms and conditions as to the payment of interest by
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788 such depository upon the funds so deposited as the board may
789 deem just and reasonable.
790 (4) Budget; Reports and Reviews.--
791 (a) The District shall provide financial reports in such
792 form and such manner as prescribed pursuant to this Act and
793 chapter 218, Florida Statutes, as amended from time to time.
794 (b) On or before July 15 of each year, the District
795 Manager shall prepare a proposed budget for the ensuing fiscal
796 year to be submitted to the board for board approval. The
797 proposed budget shall include at the direction of the board an
798 estimate of all necessary expenditures of the District for the
799 ensuing fiscal year and an estimate of income to the District
800 from the taxes and assessments provided in this Act. The board
801 shall consider the proposed budget item by item and may either
802 approve the budget as proposed by the District Manager or modify
803 the same in part or in whole. The board shall indicate its
804 approval of the budget by resolution, which resolution shall
805 provide for a hearing on the budget as approved. Notice of the
806 hearing on the budget shall be published in a newspaper of
807 general circulation in the area of the District once a week for
808 2 consecutive weeks, except that the first publication shall be
809 not fewer than 15 days prior to the date of the hearing. The
810 notice shall further contain a designation of the day, time, and
811 place of the public hearing. At the time and place designated in
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812 the notice, the board shall hear all objections to the budget as
813 proposed and may make such changes as the board deems necessary.
814 At the conclusion of the budget hearing, the board shall, by
815 resolution, adopt the budget as finally approved by the board.
816 The budget shall be adopted prior to October i of each year.
817 (c) At least 60 days prior to adoption, the Board of
818 Supervisors of the District shall submit to the St. Lucie County
819 I Boarct of County Commissioners, for purposes of disclosure and
820 information only, the proposed annual budget for the ensuing
821 fiscal year and they Board of County Commissioners may submit
822 written comments to the Board of Supervisors solely for the
823 assistance and information of the Board of Supervisors of the
824 District in adopting its annual District budget.
825 (d) The Board of Supervisors of the District shall submit
826 annually, to the Board of County Commissioners of St. Lucie
827 ICounty, its District public facilities report under section
828 189.415(2), Florida Statutes, as amended from time to time as to
829 I which theme Board of County Commissioners shall use and rely on
830 the District public facilities report in the preparation or
831 revision of their respective comprehensive plans, specifically
832 under section 189.415(6), Florida Statutes, as amended from time
833 to time.
834 (5) Disclosure of Public Financing. --The District shall
835 take affirmative steps to provide for the full disclosure of
36.
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Couaty
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836
information relating to the public financing and maintenance of
837
improvements to real property undertaken by the District. Such
838
information shall be made available to all existing residents
839
and all prospective residents of the District. The District
840
shall furnish each developer of a residential development within
841
the District with sufficient copies of that information to
842
provide each prospective initial purchaser of property in that
843
development with a copy, and any developer of a residential
844
development within the District, when required by law to provide
845
a public offering statement, shall include a copy of such
846
information relating to the public financing and maintenance of
847
improvements in the public offering statement. The Division of
848
Florida Land Sales, Condominiums, and Mobile Homes of the
849
Department of Business and Professional Regulation shall ensure
850
that disclosures made by developers pursuant to chapter 498,
851
Florida Statutes, meet the requirements of section 190.009(1),
852
Florida Statutes.
853
(6) General Powers. —The District shall have, and the board
854
may exercise, the following general powers:
855
(a) To sue and be sued in the name of the District; to
856
adopt and use a seal and authorize the use of a facsimile
857
thereof; to acquire, by purchase, gift, devise, or otherwise,
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860 necessary or convenient to the exercise of its powers.
861 (b) To apply for coverage of its employees under the
862 Florida Retirement System in the same manner as if such
863 employees were state employees, subject to necessary action by
864 the District to pay employer contributions into the Florida
865 Retirement System Trust Fund.
866 (c) To contract for the services of consultants to perform
867 planning, engineering, legal, or other appropriate services of a
868 professional nature. Such contracts shall be subject to public
869 bidding or competitive negotiation requirements as set forth in
870 general law applicable to independent special districts.
871 (d) To borrow money and accept gifts; to apply for and use
872 grants or loans of money or other property from the United
873 States, the state, a unit of local government, or any person for
874 any District purposes and enter into agreements required in
875 connection therewith; and to hold, use, and dispose of such
876 moneys or property for any District purposes in accordance with
877 the terms of the gift, grant, loan, or agreement relating
878 thereto.
879 (e) To adopt and enforce rules and orders pursuant to the
880 provisions of chapter 120, Florida Statutes, as amended from
881 time to time, prescribing the powers, duties, and functions of
882 the officers of the District; the conduct of the business of the
883 District; the maintenance of records; and the form of
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884 certificates evidencing tax liens and all other documents and
885 records of the District. The board may also adopt and enforce
886 administrative rules with respect to any of the projects of the
887 District and define the area to be included therein. The board
888 may also adopt resolutions which may be necessary for the
889 conduct of District business.
890 (f) To maintain an office at such place or places as the
891 I Board of Supervisors designates in rSt. Lucie County,, and within
892 the District when facilities are available.
893 (g) To hold, control, and acquire by donation, purchase, or
894 condemnation, or dispose of, any public easements, dedications
895 to public use, platted reservations for public purposes, or any
896 reservations for those purposes authorized by this Act and to
897 make use of such easements, dedications, or reservations for the
898 purposes authorized by this Act.
899 (h) To lease as lessor or lessee to or from any person,
900 firm, corporation, association, or body, public or private, any
901 projects of the type that the District is authorized to
902 fiundertake and facilities or property of any nature for the use
903 of the District to carry out the purposes authorized by this
904 Act.
905 (i) To borrow money and issue bonds, certificates,
906 warrants, notes, or other evidence of indebtedness as
907 hereinafter provided; to levy such taxes and assessments as may
39,
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County
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908
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922
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DRAFT
be authorized; and to charge, collect:., and enforce fees and
other user charges.
(j) To raise, by user charges or fees authorized by
resolution of the board, amounts of money which are necessary
for the conduct of District activities and services and to
enforce their receipt and collection in the manner prescribed by
resolution not inconsistent with law.
(k) To exercise within the District, or beyond the District
with prior approval by vote of a resolution of the governing
body of the county if the taking will occur in an unincorporated
area in that county, the right and power of eminent domain,
pursuant to the provisions of chapters 73 and 74, Florida
Statutes, as they may be amended from time to time, over any
property within the state, except municipal, county, state, and
federal property, for the uses and purpose of the District
relating solely to water, sewer, District roads, and water
management, specifically including, without limitation, the
power for the taking of easements for the drainage of the land
of one person over and through the land of another.
(1) To cooperate with, or contract with, other governmental
agencies as may be necessary, convenient, incidental, or proper
in connection with any of the powers, duties, or purposes
authorized by this Act.
40,
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931 (m) To assess and to impose upon lands in the District ad
932 valorem taxes as provided by this Act.
933 (n) If and when authorized by general law, to determine,
934 order, levy, impose, collect, and enforce maintenance taxes.
935 (o) To determine, order, levy, impose, collect, and enforce
936 assessments pursuant to this Act, chapter 170, Florida Statutes,
937 as amended from time to time, pursuant to authority granted in
938 section 197.3631, Florida Statutes, as amended from time to
939 time, or pursuant to other provisions of general law now or
940 hereinafter enacted which provide or authorize a supplemental
941 means to order, levy, impose, or collect special assessments.
942 Such special assessments, in the discretion of the District, may
943 be collected and enforced pursuant to the provisions of sections
944 197.3632 and 197.3635, Florida Statutes, and chapters
945 170 and 173, Florida Statutes, as they may be amended from time
946 to time, or as provided by this Act, or other means authorized
947 by general law now or hereinafter enacted.
948 (p) To exercise such special powers and other express
949 powers as may be authorized and granted by this Act in the
950 charter of the District including powers as provided in any
951 interlocal agreement entered into pursuant to chapter 163,
952 Florida Statutes, as amended from time to time, or which shall
953 be required or permitted to be undertaken by the District
954 pursuant to any development order or development of regional
1 41,
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955
impact, including any interlocal service agreement with St.
956
I Lucie County for fair -share capital construction funding for any
countDetetedy °r Indian River
957
certain capital facilities or systems required of the developer
958
pursuant to any applicable development order or agreement.
959
(q) To exercise all of the powers necessary, convenient,
960
incidental, or proper in connection with any other powers or
961
duties or the special purpose of the District authorized by this
962
Act.
963
(r) The provisions of this section on general powers shall
964
be construed liberally in order to carry out effectively the
965
specialized purpose of this Act.
966
(7) Special Powers. The District shall have, and the board
967
may exercise, the following special powers to implement its
968
lawful and special purpose and to provide, pursuant to that
969
purpose, systems, facilities, services, improvements, projects,
970
works, and infrastructure, each of which constitutes a lawful
971
public purpose when exercised pursuant to this charter, subject
972
to, and not inconsistent with, the regulatory jurisdiction and
973
permitting authority of all other applicable governmental
974
bodies, agencies, and any special districts having authority
975
with respect to any area included therein, and to plan,
976
77
establish, acquire, construct or reconstruct, enlarge or extend,
equip, operate, finance, fund, and maintain improvements,
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systems, facilities, services, works, projects, and
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DRAFT
979 infrastructure. Any or all of the following special powers are
980 granted by this Act in order to implement the special purpose of
981 the District:
982 (a) Water management and control for the lands within the
983 District and to connect some or any of such facilities with
984 roads and bridges. In the event that the board assumes the
985 responsibility for providing water management and control for
986 the District which is to be financed by benefit special
987 assessments, the board shall adopt plans and assessments
988 pursuant to law or may proceed to adopt water management and
989 control plans, assess for benefits, and apportion and levy
990 special assessments, as follows:
991 1. The board shall cause to be made by the District's
992 engineer, or such other engineer or engineers as the board may
993 employ for that purpose, complete and comprehensive water
994 management and control plans for the lands located within the
995 District that will be improved in any part or in whole by any
996 system of facilities that may be outlined and adopted, and the
997 engineer shall make a report in writing to the board with maps
998 and profiles of said surveys and an estimate of the cost of
999 carrying out and completing the plans.
1000 2. Upon the completion of such plans, the board shall hold
1001 a hearing thereon to hear objections thereto, shall give notice
1002 of the time and place fixed for such hearing by publication once
1 43•
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DRAFT
1003 each week for 2 consecutive weeks in a newspaper of general
1004 circulation in the general area of the District, and shall
1005 permit the inspection of the plan at the office of the District
1006 by all persons interested. All objections to the plan shall be
1007 filed at or before the time fixed in the notice for the hearing
1008 and shall be in writing.
1009 3. After the hearing, the board shall consider the proposed
1010 plan and any objections thereto and may modify, reject, or adopt
1011 the plan or continue the hearing until a day certain for further
1012 consideration of the proposed plan or modifications thereof.
1013 4. When the board approves a plan, a resolution shall be
1014 adopted and a certified copy thereof shall be filed in the
1015 office of the Secretary and incorporated by him or her into the
1016 records of the District.
1017 5. The water management and control plan may be altered in
1018 detail from time to time until the appraisal record herein
1019 provided is filed, but not in such manner as to affect
1020 materially the conditions of its adoption. After the
1021 appraisal record has been filed, no alteration of the plan shall
1022 be made, except as provided by this Act.
1023 6. Within 20 days after the final adoption of the plan by
1024 the board, the board shall proceed pursuant to section 298.301,
1025 Florida Statutes, as amended from time to time.
44. a
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1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
DRAFT
Formatted: Font: (Default) Courier
(b) Water supply, sewer management, reclamation, and reuse, or
New
any combination thereof, and any irrigation systems, facilities
and services and to construct and operate water systems, sewer
systems and irrigation systems in, along, and under any street,
alley, highway, or other public place or ways, and to dispose of
any effluent, residue, or other byproduct of such systems,
Formatted: Font: Courier New
provided that, within the boundaries of St. Lucie County, water
Formatted: Font: (Default) Courier
and wastewater utilities shall be constructed, owned, operated
New
lFormatted: Font: Courier New
(Formatted: Font: (Default)courier
New
and maintained by St. Lucie County Utilities or another
Formatted° Font: Courier New
governmental utility provider per an interlocal agreement with
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the County. Per interlocal agreement with St. Lucie County, the
New
Formatted: Font: courier New j
Formatted: Font: (oefauu)courier
New
District shall have the option of designing, permitting, and
l Formatted: Font: Courier New
'
constructing the water and wastewater utilities within the
Formatted: Font: (Default) Courier
New
District, for the benefit of the County, using innovative
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financing vehicles to fund or provide satisfactory reimbursement
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New, Bold
for the investment and unreimbursed expenses in design, permits,
Deleted: water supply, sewer,
and wastewater management,
reclamation, and reuse, or
construction, infrastructure, impacts and requirements. The
any combination thereof, and
any irrigation systems,
facilities, and services and
water and wastewater utilities shall be conveyed, pursuant to
to construct and operate
connecting intercepting or
(outlet sewers and sewer
said interlocal agreement, to St. Lucie County upon receipt of
mains and pipes and water
mains, conduits, or
pipelines in, along, and
the appropriate operating permits by the District.
'under any street, alley,
highway, or other public
place or ways, and to
(c) Bridges or culverts that may be needed across any
dispose of any effluent,
residue, or other byproducts
Of such system or sewer
drain, ditch, canal, floodway, holding basin, excavation, public
�
----
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highway, tract, grade, fill, or cut and roadways over levees and
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DRAFT
1049 embankments, and to construct any and all of such works and
1050 improvements across, through, or over any public right -of way,
1051 highway, grade, fill, or cut.
1052 (d) District roads equal to or exceeding the specifications
1053 of the county in which such District roads are located, and
1054 street lights, including conditions of development approval
1055 which sometimes may be different specifications than the normal
1056 specifications of the county. This special power includes but is
1057 not limited to roads, parkways, bridges, landscaping,
1058 hardscaping, irrigation, bicycle lanes, jogging paths, street
1059 lighting, traffic signals, regulatory or informational signage,
1060 road striping, underground conduit, underground cable or fiber
1061 or wire installed to pursuant an agreement with or tariff of a
1062 retail provider of services, and all other customary elements of
1063 a functioning modern road system in general or as tied to the
1064 conditions of development approval for the area within the
1065 District, parking facilities that are freestanding or that may
1066 be related to any innovative strategic intermodal system of
1067 transportation pursuant to applicable federal, state, and local
1068 law and ordinance.
1069 (e) Buses, trolleys, transit shelters, ridesharing
1070 facilities and services, parking improvements, and related
1071 signage.
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10721
10731
1074'.
1075
1076
1077
1078
1079
1080
1081
10821
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
DRAFT
(f) Investigation and remediation costs associated with the
cleanup of actual or perceived environmental contamination
within the District under the supervision or direction of a
competent governmental authority unless the covered costs
benefit any person who is a landowner within the District
and who caused or contributed to the contamination.
(g) Conservation areas, mitigation areas, and wildlife
habitat, including the maintenance of any plant or animal
species, and any related interest in real or personal property.
(h) Using its general and special powers as set forth in
this Act, any other project within or without the boundaries of
the District when the project is the subject of a development
order or an agreement between the District and the Board of
County Commissioners of rSt. Lucie County sand is consistent with
the effective local comprehensive plap,.
(i) Parks and facilities for indoor and outdoor
recreational, cultural, and educational uses.
(j) Fire prevention and control, including fire stations,
water mains and plugs, fire trucks, and other vehicles and
equipment. The District may exercise its powers to provide
facilities for fire protection only if such facilities are to be
owned, operated and maintained by the County`s fire district
already providing the service or if such fire district declines
or is unable to provide the service at the time the service
becomes necessary., Nothing herein is intended to prohibit the
47,
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Deleted. either
Deleted: or Indian River
County or with any
applicable other public or
private entity,
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DRAFT
1097 district from providing additional services beyond those offered
1098 by the county or district
1099 (k) School buildings and related structures, which may be
1100 leased, sold, or donated to the school district, for use in the
1101 educational system when authorized by the district school board.
1102 I (1) Security, including, but not limited to, ,fences, and
1103 gates, electronic intrusion -detection systems, and patrol cars,
1104 when authorized by proper governmental agencies; except that the
1105 District may not exercise any powers of a law enforcement
1106 agency, but may contract with the appropriate
1107 local general-purpose government agencies for an increased level
1108 of such services within the District boundaries. Notwithstanding
1109 any provision of general law, the District may operate
1110 guardhouses for the limited purpose of providing security for
1111 the residents of the District and which serve a predominate
1112 public, as opposed to private, purpose. Such guardhouses shall
1113 be operated by the District or any other unit of local
1114 government pursuant to procedures designed to serve such
1115 security purposes as set forth in rules adopted by the board,
1116 from time to time, following the procedures set forth
1117 in chapter 120, Florida Statutes, as amended from time to time.
1118 (m) Control and elimination of mosquitoes and other
1119 arthropods of public health importance.
1120 (n) Waste collection, and disposal.
48,
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1121 (o) To enter into impact fee credit agreements with St.
1122 I Lucie County. Under such agreements, where the District
1123 constructs or makes contributions for public systems,
1124 facilities, services, projects, improvements, works,
1125 and infrastructures for which impact fee credits would be
1126 available under the applicable impact fee ordinance, the
1127 agreement authorized by this Act shall provide such impact fee
1128 credit shall inure to the landowners within the District in
1129 proportion to assessments or other burdens levied and imposed
1130 upon the landowners with respect to assessable improvements
1131 giving rise to such impact fee credits, and the District shall
1132 from time to time execute such instruments, such as assignments
1133 of impact fee credits, as may be necessary, appropriate, or
1134 desirable to accomplish or to confirm the foregoing.
1135 (p) Buildings and structures for District offices,
1136 maintenance facilities, meeting facilities, town centers
1137 or any other project authorized or granted by this Act.
1138 (q) To establish and create, at noticed meetings, such
1139 government departments of the Board of Supervisors of the
1140 District, as well as committees, task forces, boards, or
1141 commissions, or other agencies under the supervision
1142 and control of the District, as from time to time the members of
1143 the Board of Supervisors may deem necessary or desirable in the
1144 performance of the acts or other things necessary to exercise
1 49,
A
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County
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DRAFT
1145 its general or special powers to implement an innovative project
1146 to carry out the special purpose of the District as provided in
1147 this Act and to delegate the exercise of its powers to
1148 such departments, boards, task forces, committees, or other
1149 agencies such administrative duties and other powers as the
1150 Board of Supervisors may deem necessary or desirable but only if
1151 there is a set of expressed limitations for accountability,
1152 notice, and periodic written reporting to the Board of
1153 Supervisors which shall retain its powers.
1154 (r) The enumeration of special powers herein shall not be
1155 deemed exclusive or restrictive, but shall be deemed to
1156 incorporate all powers express or implied necessary or incident
1157 to carrying out such enumerated special powers, including also
1158 the general powers provided by this special act charter to the
1159 District to implement its single purpose.
1160 (s) The provisions of this section on special powers shall
1161 be construed liberally in order to carry out effectively the
1162 special purpose of this District under this Act.
1163 (8) Issuance of Bond Anticipation Notes. --In addition to
1164 the other powers provided for in this Act, and not in limitation
1165 thereof, the District shall have the power, at any time, and
1166 from time to time after the issuance of any bonds of the
1167 District shall have been authorized, to borrow money for the
1168 purposes for which such bonds are to be issued in anticipation
1 50.
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DRAFT
1169 of the receipt of the proceeds of the sale of such bonds and to
1170 issue bond anticipation notes in a principal sum not in excess
1171 of the authorized maximum amount of such bond issue. Such notes
1172 shall be in such denomination or denominations, bear interest at
1173 such rate as the board may determine not to exceed the maximum
1174 rate allowed by general law, mature at such time or times not
1175 later than 5 years from the date of issuance, and be in such
1176 form and executed in such manner as the board shall prescribe.
1177 Such notes may be sold at either public or private sale or, if
1178 such notes shall be renewal notes, may be exchanged for notes
1179 then outstanding on such terms as the board shall determine.
1180 Such notes shall be paid from the proceeds of such bonds when
1181 issued. The board may, in its discretion, in lieu of retiring
1182 the notes by means of bonds, retire them by means of current
1183 revenues or from any taxes or assessments levied for the payment
1184 of such bonds, but in such event a like amount of the bonds
1185 authorized shall not be issued.
1186 (9) Borrowing. --The District at any time may obtain loans,
1187 in such amount and on such terms and conditions as the board may
1188 approve, for the purpose of paying any of the expenses of the
1189 District or any costs incurred or that may be incurred in
1190 connection with any of the projects of the District, which loans
1191 shall bear interest as the board determines not to exceed the
1192 maximum rate allowed by general law, and may be payable from and
51•
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1193 secured by a pledge of such funds, revenues, taxes, and
1194 assessments as the board may determine, subject, however, to the
1195 provisions contained in any proceeding under which bonds were
1196 theretofore issued and are then outstanding. For the purpose of
1197 defraying such costs and expenses, the District may issue
1198 negotiable notes, warrants, or other evidences of debt to be
1199 payable at such times, to bear such interest as the board may
1200 determine, not to exceed the maximum rate allowed by general
1201 law, and to be sold or discounted at such price or prices not
1202 less than 95 percent of par value and on such terms as the board
1203 may deem advisable. The board shall have the right to provide
1204 for the payment thereof by pledging the whole or any part of the
1205 funds, revenues, taxes, and assessments of the District. The
1206 approval of the electors residing in the District shall not be
1207 necessary except when required by the State Constitution.
1208 (10) Bonds.--
1209 (a) Sale of bonds. --Bonds may be sold in blocks or
1210 installments at different times, or an entire issue or series
1211 may be sold at one time. Bonds may be sold at public or private
1212 sale after such advertisement, if any, as the board may deem
1213 advisable but not in any event at less than 90 percent of the
1214 par value thereof, together with accrued interest thereon. Bonds
1215 may be sold or exchanged for refunding bonds. Special assessment
1216 and revenue bonds may be delivered by the District as payment of
52•
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1217 the purchase price of any project or part thereof, or a
1218 combination of projects or parts thereof, or as the purchase
1219 price or exchange for any property, real, personal, or mixed,
1220 including franchises or services rendered by any contractor,
1221 engineer, or other person, all at one time or in blocks from
1222 time to time, in such manner and upon such terms as the board in
1223 its discretion shall determine. The price or prices for any
1224 bonds sold, exchanged, or delivered may be:
1225 1. The money paid for the bonds;
1226 2. The principal amount, plus accrued interest to the date
1227 of redemption or exchange, or outstanding obligations exchanged
1228 for refunding bonds; and
1229 3. In the case of special assessment or revenue bonds, the
1230 amount of any indebtedness to contractors or other persons paid
1231 with such bonds, or the fair value of any properties exchanged
1232 for the bonds, as determined by the board.
1233 (b) Authorization and form of bonds. --Any general
1234 obligation bonds, special assessment bonds, or revenue bonds may
1235 be authorized by resolution or resolutions of the board which
1236 shall be adopted by a majority of all the members thereof then
1237 in office. Such resolution or resolutions may be adopted at the
1238 same meeting at which they are introduced and need not be
1239 published or posted. The board may, by resolution, authorize the
1240 issuance of bonds and fix the aggregate amount of bonds to be
1 53-
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1241 issued; the purpose or purposes for which the moneys derived
1242 therefrom shall be expended, including, but not limited to,
1243 payment of costs as defined in section 2 (2)(i); the rate or
1244 rates of interest, not to exceed the maximum rate allowed by
1245 general law; the denomination of the bonds; whether or not the
1246 bonds are to be issued in one or more series; the date or dates
1247 of maturity, which shall not exceed 40 years from their
1248 respective dates of issuance; the medium of payment; the place
1249 or places within or without the state where payment shall be
1250 made; registration privileges; redemption terms and privileges,
1251 whether with or without premium; the manner of execution; the
1252 form of the bonds, including any interest coupons to be attached
1253 thereto; the manner of execution of bonds and coupons; and any
1254 and all other terms, covenants, and conditions thereof and the
1255 establishment of revenue or other funds. Such authorizing
1256 resolution or resolutions may further provide for the contracts
1257 authorized by section 159.825(1)(f) and (g), Florida Statutes,
1258 as amended from time to time, regardless of the tax treatment of
1259 such bonds being authorized, subject to the finding by the board
1260 of a net saving to the District resulting by reason thereof.
1261 Such authorizing resolution may further provide that such bonds
1262 may be executed in accordance with the Registered Public
1263 obligations Act, except that bonds not issued in registered form
1264 shall be valid if manually countersigned by an officer
1 54,
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DRAFT
1265 designated by appropriate resolution of the board. The seal of
1266 the District may be affixed, lithographed, engraved, or
1267 otherwise reproduced in facsimile on such bonds. In case any
1268 officer whose signature shall appear on any bonds or coupons
1269 shall cease to be such officer before the delivery of such
1270 bonds, such signature or facsimile shall nevertheless be valid
1271 and sufficient for all purposes the same as if he or she had
1272 remained in office until such delivery.
1273 (c) Interim certificates; replacement
1274 certificates. --Pending the preparation of definitive bonds, the
1275 board may issue interim certificates or receipts or temporary
1276 bonds, in such form and with such provisions as the board may
1277 determine, exchangeable for definitive bonds when such bonds
1278 have been executed and are available for delivery. The board may
1279 also provide for the replacement of any bonds which become
1280 mutilated, lost, or destroyed.
1281 (d) Negotiability of bonds. --Any bond issued under this
1282 Act or any temporary bond, in the absence of an express recital
1283 on the face thereof that it is nonnegotiable, shall be fully
1284 negotiable and shall be and constitute a negotiable instrument
1285 within the meaning and for all purposes of the law merchant and
1286 the laws of the state.
1287 (e) Defeasance.--The board may make such provision with
1288 respect to the defeasance of the right, title, and interest of
1 55•
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1289 the holders of any of the bonds and obligations of the District
1290 in any revenues, funds, or other properties by which such bonds
1291 are secured as the board deems appropriate and, without
1292 limitation on the foregoing, may provide that when such bonds or
1293 obligations become due and payable or shall have been called for
1294 redemption and the whole amount of the principal and interest
1295 and premium, if any, due and payable upon the bonds or
1296 obligations then outstanding shall be held in trust for such
1297 purpose and provision shall also be made for paying all other
1298 sums payable in connection with such bonds or other obligations,
1299 then and in such event the right, title, and interest of the
1300 holders of the bonds in any revenues, funds, or other properties
1301 by which such bonds are secured shall thereupon cease,
1302 terminate, and become void; and the board may apply any surplus
1303 in any sinking fund established in connection with such bonds or
1304 obligations and all balances remaining in all other funds or
1305 accounts other than moneys held for the redemption or payment of
1306 the bonds or other obligations to any lawful purpose of the
1307 District as the board shall determine.
1308 (f) Issuance of additional bonds. --If the proceeds of any
1309 bonds are less than the cost of completing the project in
1310 connection with which such bonds were issued, the board may
1311 authorize the issuance of additional bonds, upon such terms and
1312 conditions as the board may provide in the resolution
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1313 authorizing the issuance thereof, but only in compliance with
1314 the resolution or other proceedings authorizing the issuance of
1315 the original bonds.
1316 (g) Refunding bonds. --The District shall have the power to
1317 issue bonds to provide for the retirement or refunding of any
1318 bonds or obligations of the District that at the time of such
1319 issuance are or subsequent thereto become due and payable, or
1320 that at the time of issuance have been called or are or will be
1321 subject to call for redemption within 10 years thereafter, or
1322 the surrender of which can be procured from the holders thereof
1323 at prices satisfactory to the board. Refunding bonds may be
1324 issued at any time when in the judgment of the board such
1325 issuance will be advantageous to the District. No approval of
1326 the qualified electors residing in the District shall be
1327 required for the issuance of refunding bonds except in cases in
1328 which such approval is required by the State Constitution. The
1329 board may by resolution confer upon the holders of such
1330 refunding bonds all rights, powers, and remedies to which the
1331 holders would be entitled if they continued to be the owners and
1332 had possession of the bonds for the refinancing of which such
1333 refunding bonds are issued, including, but not limited to, the
1334 preservation of the lien of such bonds on the revenues of any
1335 project or on pledged funds, without extinguishment, impairment,
1336 or diminution thereof. The provisions of this Act pertaining to
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1337 bonds of the District shall, unless the context otherwise
1338 requires, govern the issuance of, refunding bonds, the form and
1339 other details thereof, the rights of the holders thereof, and
1340 the duties of the board with respect to them.
1341 (h) Revenue bonds.--
1342 1. The District shall have the power to issue revenue
1343 bonds from time to time without limitation as to amount. Such
1344 revenue bonds may be secured by, or payable from, the gross or
1345 net pledge of the revenues to be derived from any project or
1346 combination of projects; from the rates, fees, or other charges
1347 to be collected from the users of any project or projects; from
1348 any revenue -producing undertaking or activity of the District;
1349 from special assessments; or from benefit special assessments;
1350 or from any other source or pledged security. Such bonds shall
1351 not constitute an indebtedness of the District, and the approval
1352 of the qualified electors shall not be required unless such
1353 bonds are additionally secured by the full faith and credit and
1354 taxing power of the District.
1355 2. Any two or more projects may be combined and
1356 consolidated into a single project and may hereafter be operated
1357 and maintained as a single project. The revenue bonds authorized
1358 herein may be issued to finance any one or more of such
1359 projects, regardless of whether or not such projects have been
1360 combined and consolidated into a single project. If the board
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1361 deems it advisable, the proceedings authorizing such revenue
1362 bonds may provide that the District may thereafter combine the
1363 projects then being financed or theretofore financed with other
1364 projects to be subsequently financed by the District and that
1365 revenue bonds to be thereafter issued by the District shall be
1366 on parity with the revenue bonds then being issued, all on such
1367 terms, conditions, and limitations as shall have been provided
1368 in the proceeding which authorized the original bonds.
1369 W General obligation bonds.--
1370 1. Subject to the limitations of this charter, the
1371 District shall have the power from time to time to issue general
1372 obligation bonds to finance or refinance capital projects or to
1373 refund outstanding bonds in an aggregate principal amount of
1374 bonds outstanding at any one time not in excess of 35 percent of
1375 the assessed value of the taxable property within the District
1376 as shown on the pertinent tax records at the time of the
1377 authorization of the general obligation bonds for which the full
1378 faith and credit of the District is pledged. Except for
1379 refunding bonds, no general obligation bonds shall be issued
1380 unless the bonds are issued to finance or refinance a capital
1381 project and the issuance has been approved at an election held
1382 in accordance with the requirements for such election as
1383 prescribed by the State Constitution. Such elections shall be
1384 called to be held in the District by the board of county
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( commissioners of St. Lucie County ,upon the request of the board
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1386
of the District. The expenses of calling and holding an election
1387
shall be at the expense of the District, and the District shall
1388
reimburse the county for any expenses incurred in calling or
1389
holding such election.
1390
2. The District may pledge its full faith and credit for
1391
the payment of the principal and interest on such general
1392
obligation bonds and for any reserve funds provided therefore
1393
and may unconditionally and irrevocably pledge itself to levy ad
1394
valorem taxes on all taxable property in the District, to the
1395
extent necessary for the payment thereof, without limitations as
1396
to rate or amount.
1397
3. If the board determines to issue general obligation
1398
bonds for more than one capital project, the approval of the
1399
issuance of the bonds for each and all such projects may be
1400
submitted to the electors on one and the same ballot. The
1401
failure of the electors to approve the issuance of bonds for any
1402
one or more capital projects shall not defeat the approval of
1403
bonds for any capital project which has been approved by the
1404
electors.
1405
4. In arriving at the amount of general obligation bonds
1406
permitted to be outstanding at any one time pursuant to
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obligation bonds which are additionally secured by the pledge
I of:
a. Any assessments levied in an amount sufficient to pay
the principal and interest on the general obligation bonds so
additionally secured, which assessments have been equalized and
confirmed by resolution of the board pursuant to this Act or
section 170.08, Florida Statutes.
b. Water revenues, sewer revenues, or water and sewer
revenues of the District to be derived from user fees in an
amount sufficient to pay the principal and interest on the
general obligation bonds so additionally secured.
c. Any combination of assessments and revenues described
in sub -subparagraphs a. and b.
(j) Bonds as legal investment or security.--
1. Notwithstanding any provisions of any other law to the
contrary, all bonds issued under the provisions of this Act
shall constitute legal investments for savings banks, banks,
trust companies, insurance companies, executors, administrators,
trustees, guardians, and other fiduciaries and for any board,
body, agency, instrumentality, county, municipality, or other
political subdivision of the state and shall be and constitute
security which may be deposited by banks or trust companies as
security for deposits of state, county, municipal, or other
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1431 public funds or by insurance companies as required or voluntary
1432 statutory deposits.
1433 2. Any bonds issued by the District shall be incontestable
1434 in the hands of bona fide purchasers or holders for value and
1435 shall not be invalid because of any irregularity or defect in
1436 the proceedings for the issue and sale thereof.
1437 (k) Covenants. --Any resolution authorizing the issuance of
1438 bonds may contain such covenants as the board may deem
1439 advisable, and all such covenants shall constitute valid and
1440 legally binding and enforceable contracts between the District
1441 and the bondholders, regardless of the time of issuance thereof.
1442 Such covenants may include, without limitation, covenants
1443 concerning the disposition of the bond proceeds; the use and
1444 disposition of project revenues; the pledging of revenues,
1445 taxes, and assessments; the obligations of the District with
1446 respect to the operation of the project and the maintenance of
1447 adequate project revenues; the issuance of additional bonds; the
1448 appointment, powers, and duties of trustees and receivers; the
1449 acquisition of outstanding bonds and obligations; restrictions
1450 on the establishing of competing projects or facilities;
1451 restrictions on the sale or disposal of the assets and property
1452 of the District; the priority of assessment liens; the priority
1453 of claims by bondholders on the taxing power of the District;
1454 the maintenance of deposits to ensure the payment of revenues by
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1455 users of District facilities and services; the discontinuance of
1456 District services by reason of delinquent payments; acceleration
1457 upon default; the execution of necessary instruments; the
1458 procedure for amending or abrogating covenants with the
1459 bondholders; and such other covenants as may be deemed necessary
1460 or desirable for the security of the bondholders.
1461 (1) Validation proceedings. --The power of the District to
1462 issue bonds under the provisions of this Act may be determined,
1463 and any of the bonds of the District maturing over a period of
1464 more than 5 years shall be validated and confirmed, by court
1465 decree, under the provisions of chapter 75, Florida Statutes,
1466 and laws amendatory thereof or supplementary thereto.
1467 (m) Tax exemption. --To the extent allowed by general law,
1468 all bonds issued hereunder and interest paid thereon and all
1469 fees, charges, and other revenues derived by the District from
1470 the projects provided by this Act are exempt from all taxes by
1471 the state or by any political subdivision, agency, or
1472 instrumentality thereof; however, any interest, income, or
1473 profits on debt obligations issued hereunder are not exempt from
1474 the tax imposed by chapter 220, Florida Statutes. Further, the
1475 District is not exempt from the provisions of chapter 212,
1476 Florida Statutes.
1477 (n) Application of section 189.4085, Florida
1478 Statutes. --Bonds issued by the District shall meet on the
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1479 criteria set forth in section 189.4085, Florida Statutes, as
1480 amended from time to time.
1481 (o) Act furnishes full authority for issuance of
1482 bonds. --This Act constitutes full and complete authority for the
1483 issuance of bonds and the exercise of the powers of the District
1484 provided herein. No procedures or proceedings, publications,
1485 notices, consents, approvals, orders, acts, or things by the
1486 board, or any board, officer, commission, department, agency, or
1487 instrumentality of the District, other than those required by
1488 this Act, shall be required to perform anything under this Act,
1489 except that the issuance or sale of bonds pursuant to the
1490 provisions of this Act shall comply with the general law
1491 requirements applicable to the issuance or sale of bonds by the
1492 District. Nothing in this Act shall be construed to authorize
1493 the District to utilize bond proceeds to fund the ongoing
1494 operations of the District.
1495 (p) Pledge by the state to the bondholders of the
1496 District. --The state pledges to the holders of any bonds issued
1497 under this Act that it will not limit or alter the rights of the
1498 District to own, acquire, construct, reconstruct, improve,
1499 maintain, operate, or furnish the projects or to levy and
1500 collect the taxes, assessments, rentals, rates, fees, and other
1501 charges provided for herein and to fulfill the terms of any
1502 agreement made with the holders of such bonds or other
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1503 obligations and that it will not in any way impair the rights or
1504 remedies of such holders.
1505 (q) Default. --A default on the bonds or obligations of a
1506 District shall not constitute a debt or obligation of the state
1507 or any general purpose local government or the state.
1508 (11) Trust Agreements. --Any issue of bonds shall be
1509 secured by a trust agreement by and between the District and a
1510 corporate trustee or trustees, which may be any trust company or
1511 bank having the powers of a trust company within or without the
1512 state. The resolution authorizing the issuance of the bonds or
1513 such trust agreement may pledge the revenues to be received from
1514 any projects of the District and may contain such provisions for
1515 protecting and enforcing the rights and remedies of the
1516 bondholders as the board may approve, including, without
1517 limitation, covenants setting forth the duties of the District
1518 in relation to: the acquisition, construction, reconstruction,
1519 improvement, maintenance, repair, operation, and insurance of
1520 any projects; the fixing and revising of the rates, fees, and
1521 charges; and the custody, safeguarding, and application of all
1522 moneys and for the employment of consulting engineers in
1523 connection with such acquisition, construction, reconstruction,
1524 improvement, maintenance, repair, or operation. It shall be
1525 lawful for any bank or trust company within or without the state
1526 which may act as a depository of the proceeds of bonds or of
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1527 revenues to furnish such indemnifying bonds or to pledge such
1528 securities as may be required by the District. Such resolution
1529 or trust agreement may set forth the rights and remedies of the
1530 bondholders and of the trustee, if any, and may restrict the
1531 individual right of action by bondholders. The board may provide
1532 for the payment of proceeds of the sale of the bonds and the
1533 revenues of any project to such officer, board, or depository as
1534 it may designate for the custody thereof and may provide for the
1535 method of disbursement thereof with such safeguards and
1536 restrictions as it may determine. All expenses incurred in
1537 carrying out the provisions of such resolution or trust
1538 agreement may be treated as part of the cost of operation of the
1539 project to which such trust agreement pertains.
1540 (12) Ad Valorem Taxes; Assessments, Benefit Special
1541 Assessments, Maintenance Special Assessments, and Special
1542 Assessments; Maintenance Taxes.--
1543 (a) Ad valorem taxes. --An elected board shall have the
1544 power to levy and assess an ad valorem tax on all the taxable
1545 property in the District to construct, operate, and maintain
1546 assessable improvements; to pay the principal of, and interest
1547 on, any general obligation bonds of the District; and to provide
1548 for any sinking or other funds established in connection with
1549 any such bonds. An ad valorem tax levied by the board for
1550 operating purposes, exclusive of debt service on bonds, shall
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1551 not exceed 3 mills. The ad valorem tax provided for herein shall
1552 be in addition to county and all other ad valorem taxes provided
1553 for by law. Such tax shall be assessed, levied, and collected in
1554 the same manner and same time as county taxes. The levy of ad
1555 valorem taxes shall be approved by referendum when required by
1556 the State Constitution.
1557 (b) Benefit special assessments. --The board annually shall
1558 determine, order, and levy the annual installment of the total
1559 benefit special assessments for bonds issued and related
1560 expenses to finance assessable improvements. These assessments
1561 may be due and collected during each year that county taxes are
1562 due and collected, in which case such annual installment and
1563 levy shall be evidenced to and certified to the property
1564 appraiser by the board not later than August 31 of each year.
1565 Such assessment shall be entered by the property appraiser on
1566 the county tax rolls and shall be collected and enforced by the
1567 tax collector in the same manner and at the same time as county
1568 taxes, and the proceeds thereof shall be paid to the District.
1569 However, this subsection shall not prohibit the District in its
1570 discretion from using the method prescribed in either section
1571 197.3632 or chapter 173, Florida Statutes, as each may be
1572 amended from time to time, for collecting and enforcing these
1573 assessments. Each annual installment of benefit special
1574 assessments shall be a lien on the property against which
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1577
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1579
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DRAFT
assessed until paid and shall be enforceable in like manner as
county taxes. The amount of the assessment for the exercise of
the District's powers under subsections (6) and (7) shall be
determined by the board based upon a report of the District's
engineer and assessed by the board upon such lands, which may be
part or all of the lands within the District benefited by the
improvement, apportioned between benefited lands in proportion
to the benefits received by each tract of land. The board may,
if it determines it is in the best interests of the District,
set forth in the proceedings initially levying such benefit
special assessments or in subsequent proceedings a formula for
the determination of an amount, which when paid by a taxpayer
with respect to any tax parcel, shall constitute a prepayment of
all future annual installments of such benefit special
assessments and that the payment of which amount with respect to
such tax parcel shall relieve and discharge such tax parcel of
the lien of such benefit special assessments and any subsequent
annual installment thereof. The board may provide further that
upon delinquency in the payment of any annual installment of
benefit special assessments, the prepayment amount of all future
annual installments of benefit special assessments as determined
in the preceding sentence shall be and become immediately due
and payable together with such delinquent annual installment.
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1598 (c) Non -ad valorem maintenance taxes. --If and when
1599 authorized by general law, to maintain and to preserve the
1600 physical facilities and services constituting the works,
1601 improvements, or infrastructure provided by the District
1602 pursuant to this Act, to repair and restore any one or more of
1603 them, when needed, and to defray the current expenses of the
1604 District, including any sum which may be required to pay state
1605 and county ad valorem taxes on any lands which may have been
1606 purchased and which are held by the District under the
1607 provisions of this Act, the Board of Supervisors may, upon the
1608 completion of said systems, facilities, services, works,
1609 improvements, or infrastructure, in whole or in part, as may be
1610 certified to the board by the engineer of the board, levy
1611 annually a non -ad valorem and non-millage tax upon each tract or
1612 parcel of land within the District, to be known as a
1613 "maintenance tax." This non -ad valorem maintenance tax shall be
1614 apportioned upon the basis of the net assessments of benefits
1615 assessed as accruing from the original construction and shall be
1616 evidence to, and certified by, the Board of Supervisors of the
1617 District not later than June 1 of each year to the property
1618 I appraiser of St. Lucie County and shall be extended by the
1619 property appraiser on the tax roll of the property appraiser, as
1620 certified by the property appraiser to the tax collector, and
1621 collected by the tax collector on the merged collection roll of
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1622 the tax collector in the same manner and time as county ad
1623 valorem taxes, and the proceeds therefrom shall be paid to the
1624 District. This non -ad valorem maintenance tax shall be a lien
1625 until paid on the property against which assessed and
1626 enforceable in like manner and of the same dignity as county ad
1627 valorem taxes.
1628 (d) Maintenance special assessments. --To maintain and
1629 preserve the facilities and projects of the District, the board
1630 may levy a maintenance special assessment. This assessment may
1631 be evidenced to and certified to the property appraiser by the
1632 Board of Supervisors not later than August 31 of each year and
1633 shall be entered by the property appraiser on the county tax
1634 rolls and shall be collected and enforced by the tax collector
1635 in the same manner and at the same time as county taxes, and the
1636 proceeds therefrom shall be paid to the District. However, this
1637 subsection shall not prohibit the District in its discretion
1638 from using the method prescribed in either section 197.363.,
1639 section 197.3631, or section 197.3632, Florida Statutes, as any
1640 one or more may be amended from time to time, for collecting and
1641 enforcing these assessments. 'These maintenance special
1642 assessments shall be a lien on the property against which
1643 assessed until paid and shall be enforceable in like manner as
1644 county taxes. The amount of the maintenance special assessment
1645 for the exercise of the District's powers under this section
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1646 shall be determined by the board based upon a report of the
1647 District's engineer and assessed by the board upon such lands,
1648 which may be all of the lands within the District benefited by
1649 the maintenance thereof, apportioned between the benefited lands
1650 in proportion to the benefits received by each tract of land.
1651 (e) Special assessments. --To levy and impose any special
1652 assessments pursuant to subsection (12).
1653 (f) Enforcement of taxes. --The collection and enforcement
1654 of all taxes levied by the District shall be at the same time
1655 and in like manner as county taxes, and the provisions of the
1656 Florida Statutes relating to the sale of lands for unpaid and
1657 delinquent county taxes; the issuance, sale, and delivery of tax
1658 certificates for such unpaid and delinquent county taxes; the
1659 redemption thereof; the issuance to individuals of tax deeds
1660 based thereon; and all other procedures in connection therewith
1661 shall be applicable to the District to the same extent as if
1662 such statutory provisions were expressly set forth herein. All
1663 taxes shall be subject to the same discounts as county taxes.
1664 (g) When unpaid tax is delinquent; penalty. --All taxes
1665 provided for in this Act shall become delinquent and bear
1666 penalties on the amount of such taxes in the same manner as
1667 county taxes.
1668 (h) Status of assessments. --Benefit special assessments,
1669 maintenance special assessments, and special assessments are
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1670 hereby found and determined to be non -ad valorem assessments as
1671 I defined by section 197.3632, Florida Statutes.
1672 (i) Assessments constitute liens; collection. --Any and all
1673 assessments including special assessments, benefit special
1674 assessments and maintenance special assessments authorized by
1675 this section, and including special assessments as defined by
1676 section 2(2)(z) and granted and authorized by this subsection,
1677 and including maintenance taxes if authorized by general law,
1678 shall constitute a lien on the property against which assessed
1679 from the date of levy and imposition thereof until paid, coequal
1680 with the lien of state, county, municipal, and school board
1681 taxes. These assessments may be collected, at the District's
1682 discretion, under authority of section 197.3631, Florida
1683 Statutes, as amended from time to time, by the tax collector
1684 pursuant to the provisions of sections 197.3632 and 197.3635,
1685 Florida Statutes, as amended from time to time, or in accordance
1686 with other collection measures provided by law. In addition to,
1687 and not in limitation of any powers otherwise set forth herein
1688 or in general law, these assessments may also be enforced
1689 pursuant to the provisions of chapter 173, Florida Statutes, as
1690 amended from time to time.
1691 (j) Land owned by governmental entity. --Except as
1692 otherwise provided by law, no levy of ad valorem taxes or non -ad
1693 valorem assessments under this Act or chapter 170 or chapter
72.
i
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1695
1696
1697
1698
1699
1700
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1702
1703
1704
1705
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1707
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197, Florida Statutes, as each may be amended from time to time,
or otherwise, by a board of a District, on property of a
governmental entity that is subject to a ground lease as
described in section 190.003(13), Florida Statutes, as amended
from time to time, shall constitute a lien or encumbrance on the
underlying fee interest of such governmental entity.
(13) Special Assessments. --
(a) As an alternative method to the levy and imposition of
special assessments pursuant to chapter 170, Florida Statutes,
as amended from time to time, pursuant to the authority of
section 197.3631, Florida Statutes, as amended from time to
time, or pursuant to other provisions of general law, now or
hereinafter enacted, which provide a supplemental means or
authority to impose, levy, and collect special assessments as
otherwise authorized under this Act, the board may levy and
impose special assessments to finance the exercise of any of its
powers permitted under this Act using the following uniform
procedures:
1. At a noticed meeting consider and review an engineer's
report on the costs of the systems, facilities, and services to
be provided, a preliminary assessment methodology, and a
preliminary roll based on acreage or platted lands, depending
upon whether platting has occurred.
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1717 2. The assessment methodology shall address and discuss
1718 and the board shall consider whether the systems, facilities,
1719 and services being contemplated will result in special benefits
1720 peculiar to the property, different in kind and degree than
1721 general benefits, as a logical connection between the systems,
1722 facilities, and services themselves and the property, and
1723 whether the duty to pay the assessments by the property owners
1724 is apportioned in a manner that is fair and equitable and not in
1725 excess of the special benefit received. It shall be fair and
1726 equitable to designate a fixed proportion of the annual debt
1727 service, together with interest thereon, on the aggregate
1728 principal amount of bonds issued to finance such systems,
1729 facilities, and services which give rise to unique, special, and
1730 peculiar benefits to property of the same or similar
1731 characteristics under the assessment methodology so long as such
1732 fixed proportion does not exceed the unique, special, and
1733 peculiar benefits enjoyed by such property from such systems,
1734 facilities, and services.
1735 3. The engineer's cost report shall identify the nature of
1736 the proposed systems, facilities, and services, their location,
1737 a cost breakdown plus a total estimated cost, including cost of
1738 construction or reconstruction, labor, and materials, lands,
1739 property, rights, easements, franchises, or systems, facilities,
1740 and services to be acquired, cost of plans and specifications,
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1765 stating the nature of the systems, facilities, and services,
1766 improvements, projects, or infrastructure constituting such
1767 assessable improvements, the information in the engineer's cost
1768 report, the information in the assessment methodology as
1769 determined by the board at the noticed meeting and referencing
1770 and incorporating as part of the resolution the engineer's cost
1771 report, the preliminary assessment methodology, and the
1772 preliminary assessment roll as referenced exhibits to the
1773 resolution by reference; if the board determines to declare and
1774 levy the special assessments by the initial assessment
1775 resolution, the board shall also adopt and declare a notice
1776 resolution which shall provide and cause the initial assessment
1777 resolution to be published once a week for a period of 2 weeks
1778 in a newspaper, of general circulation published in St.Lucie
1779 ,County, and said board shall by the same resolution fix a time
1780 and place at which the owner or owners of the property to be
1781 assessed or any other persons interested therein may appear
1782 before said board and be heard as to the propriety and
1783 advisability of making such improvements, as to the costs
1784 thereof, as to the manner of payment therefore, and as to the
1785 amount thereof to be assessed against each property so improved.
1786 Thirty days' notice in writing of such time and place shall be
1787 given to such property owners. The notice shall include the
1788 amount of the assessment and shall be served by mailing a copy
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1789 to each assessed property owner at his or her last known
1790 address, the names and addresses of such property owners to be
1791 1 obtained from the record of the property appraiser of St. Lucie
1792 County, or from such other sources as the District Manager or
1793 engineer deems reliable, and proof of such mailing shall be made
1794 by the affidavit of the manager of the District or by the
1795 engineer, said proof to be filed with the District Manager,
1796 provided that failure to mail said notice or notices shall not
1797 invalidate any of the proceedings hereunder. It is provided
1798 further that the last publication shall be at least 1 week prior
1799 to the date of the hearing on the final assessment resolution.
1800 Said notice shall describe the general areas to be improved and
1801 advise all person interested that the description of each
1802 property to be assessed and the amount to be assessed to each
1803 piece, parcel, lot, or acre of property may be ascertained at
1804 the office of the manager of the District. Such service by
1805 publication shall be verified by the affidavit of the publisher
1806 and filed with the manager of the District. Moreover, the
1807 initial assessment resolution with its attached, referenced, and
1808 incorporated engineer's cost report, preliminary assessment
1809 methodology, and preliminary assessment roll, along with the
1810 notice resolution, shall be available for public inspection at
1811 the office of the manager and the office of the engineer or any
1812 other office designated by the Board of Supervisors in the
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1813 notice resolution. Notwithstanding the foregoing, the landowners
1814 of all of the property which is proposed to be assessed may give
1815 the District written notice of waiver of any notice and
1816 publication provided for in this subparagraph and such notice
1817 and publication shall not be required; provided, however, that
1818 any meeting of the Board of Supervisors to consider such
1819 resolution shall be a publicly noticed meeting.
1820 6. At the time and place named in the noticed resolution
1821 as provided for in subparagraph 5., the Board of Supervisors of
1822 the District shall meet and hear testimony from affected
1823 property owners as to the propriety and advisability of making
1824 the systems, facilities, services, projects, works,
1825 improvements, or infrastructure and funding them with
1826 assessments referenced in the initial assessment resolution on
1827 the property. Following the testimony and questions from the
1828 members of the board or any professional advisors to the
1829 District of the preparers of the engineers cost report, the
1830 assessment methodology, and the assessment roll, the Board of
1831 Supervisors shall make a final decision on whether to levy and
1832 assess the particular assessments. Thereafter, the Board of
1833 Supervisors shall meet as an equalizing board to hear and to
1834 consider any and all complaints as to the particular assessments
1835 and shall adjust and equalize the assessments on the basis of
1836 justice and right.
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1837
7. when so equalized and approved by resolution or
1838
ordinance by the Board of Supervisors, to be called the final
1839
assessment resolution, a final assessment roll shall be filed
1840
with the clerk of the board and such assessment shall stand
1841
confirmed and remain legal, valid, and binding first liens on
1842
the property against which such assessments are made until paid,
1843
equal in dignity to the first liens of ad valorem taxation of
1844
county and municipal governments and school boards; however,
1845
upon completion of the systems, facilities, service, project,
1846
improvement, works, or infrastructure, the District shall credit
1847
to each of the assessments the difference in the assessment as
1848
originally made, approved, levied, assessed, and confirmed and
1849
the proportionate part of the actual cost of the improvement to
1850
be paid by the particular special assessments as finally
1851
determined upon the completion of the improvement, but in no
1852
event shall the final assessment exceed the amount of the
1853
special and peculiar benefits as apportioned fairly and
1854
reasonably to the property from the system, facility, or service
1855
being provided as originally assessed. Promptly after such
1856
confirmation, the assessment shall be recorded by the clerk of
1857
the District in the minutes of the proceedings of the District
1858
and the record of the lien in this set of minutes shall
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1862
1863
1864
1865
1866
1867
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DRAFT
discount equal to all or a part of the payees proportionate
share of the cost of the project consisting of bond financing
cost, such as capitalized interest, funded reserves, and bond
discounts included in the estimated cost of the project, upon
payment in full of any assessments during such period prior to
the time such financing costs are incurred as may be specified
by the Board of Supervisors in such resolution.
B. District assessments may be made payable in
installments over no more than 30 years from the date of the
payment of the first installment thereof and may bear interest
at fixed or variable rates.
(b) Notwithstanding any provision of this Act or chapter
170, that portion of section 170.09, Florida Statutes, as
amended from time to time, which provides that assessments may
be paid without interest at any time within 30 days after the
improvement is completed and a resolution accepting the same has
been adopted by the governing authority, shall not be applicable
to any District assessments, whether imposed, levied, and
collected pursuant to the provisions of this Act or other
provisions of Florida law, including, but not limited to chapter
170, Florida Statutes.
(c) In addition, the District is authorized expressly in
the exercise of its rulemaking power to promulgate a rule or
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1884 rules which provides or provide for notice, levy, imposition,
1885 equalization, and collection of assessments.
1886 (14) Issuance of Certificates of Indebtedness Based on
1887 Assessments for Assessable Improvements; Assessment Bonds.--
1888 (a) The board may, after any special assessments or
1889 benefit special assessments for assessable improvements are
1890 made, determined, and confirmed as provided in this Act, issue
1891 certificates of indebtedness for the amount so assessed against
1892 the abutting property or property otherwise benefited, as the
1893 case may be, and separate certificates shall be issued against
1894 each part or parcel of land or property assessed, which
1895 certificates shall state the general nature of the improvement
1896 for which the assessment is made. The certificates shall be
1897 payable in annual installments in accordance with the
1898 installments of the special assessment for which they are
1899 issued. The board may determine the interest to be borne by such
1900 certificates, not to exceed the maximum rate allowed by general
1901 law, and may sell such certificates at either private or public
1902 sale and determine the form, manner of execution, and other
1903 details of such certificates. The certificates shall recite that
1904 they are payable only from the special assessments levied and
1905 collected from the part or parcel of land or property against
1906 which they are issued. The proceeds of such certificates may be
1907 pledged for the payment of principal of and interest on any
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1908 revenue bonds or general obligation bonds issued to finance in
1909 whole or in part such assessable improvement, or, if not so
1910 pledged, may be used to pay the cost or part of the cost of such
1911 assessable improvements.
1912 (b) The District may also issue assessment bonds, revenue
1913 bonds, or other obligations payable from a special fund into
1914 which such certificates of indebtedness referred to in the
1915 preceding subsection may be deposited or, if such certificates
1916 of indebtedness have not been issued, the District may assign to
1917 such special fund for the benefit of the holders of such
1918 assessment bonds or other obligations, or to a trustee for such
1919 bondholders, the assessment liens provided for in this Act
1920 unless such certificates of indebtedness or assessment liens
1921 have been theretofore pledged for any bonds or other obligations
1922 authorized hereunder. In the event of the creation of such
1923 special fund and the issuance of such assessment bonds or other
1924 obligations, the proceeds of such certificates of indebtedness
1925 or assessment liens deposited therein shall be used only for the
1926 payment of the assessment bonds or other obligations issued as
1927 provided in this section. The District is authorized to covenant
1928 with the holders of such assessment bonds, revenue bonds, or
1929 other obligations that it will diligently and faithfully enforce
1930 and collect all the special assessments, and interest and
1931 penalties thereon, for which such certificates of indebtedness
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1932 or assessment liens have been deposited in or assigned to such
1933 fund; to foreclose such assessment liens so assigned to such
1934 special fund or represented by the certificates of indebtedness
1935 deposited in the special fund, after such assessment liens have
1936 become delinquent, and deposit the proceeds derived from such
1937 foreclosure, including interest and penalties, in such special
1938 fund; and to make any other covenants deemed necessary or
1939 advisable in order to properly secure the holders of such
1940 assessment bonds or other obligations.
1941 (c) The assessment bonds, revenue bonds, or other
1942 obligations issued pursuant to this section shall have such
1943 dates of issue and maturity as shall be deemed advisable by the
1944 board; however, the maturities of such assessment bonds or other
1945 obligations shall not be more than 2 years after the due date of
1946 the last installment which will be payable on any of the special
1947 assessments for which such assessment liens, or the certificates
1948 of indebtedness representing such assessment liens, are assigned
1949 to or deposited in such special fund.
1950 (d) Such assessment bonds, revenue bonds, or other
1951 obligations issued under this section shall bear such interest
1952 as the board may determine, not to exceed the maximum rate
1953 allowed by general law, and shall be executed, shall have such
1954 provisions for redemption prior to maturity, shall be sold in
1955 the manner, and shall be subject to all of the applicable
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1956 provisions contained in this Act for revenue bonds, except as
1957 the same may be inconsistent with the provisions of this
1958 section.
1959 (e) All assessment bonds, revenue bonds, or other
1960 obligations issued under the provisions of this section shall
1961 be, shall constitute, and shall have all the qualities and
1962 incidents of negotiable instruments under the law merchant and
1963 the laws of the state.
1964 (15) Tax Liens. --All taxes of the District provided for in
1965 this Act, except together with all penalties for default in the
1966 payment of the same and all costs in collecting the same,
1967 including a reasonable attorneys fee fixed by the court and
1968 taxed as a cost in the action brought to enforce payment, shall,
1969 from January 1 for each year the property is liable to
1970 assessment and until paid, constitute a lien of equal dignity
1971 with the liens for state and county taxes and other taxes of
1972 equal dignity with state and county taxes upon all the lands
1973 against which such taxes shall be levied. A sale of any of the
1974 real property within the District for state and county or other
1975 taxes shall not operate to relieve or release the property so
1976 sold from the lien for subsequent District taxes or installments
1977 of District taxes, which lien may be enforced against such
1978 property as though no such sale thereof had been made. In
1979 addition to, and not in limitation of, the preceding sentence,
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1980 for purposes of section 197.552, Florida Statutes, as amended
1981 from time to time, the lien of all special assessments levied by
1982 the district shall constitute a lien of record held by a
1983 municipal or county governmental unit. The provisions of
1984 sections 194.171, 197.122, 197.333, and 197.432, Florida
1985 Statutes, as each may be amended from time to time, shall be
1986 applicable to District taxes with the same force and effect as
1987 if such provisions were expressly set forth in this Act.
1988 (16) Payment of Taxes and Redemption of Tax Liens by the
1989 District; Sharing in Proceeds of Tax Sale.--
1990 (a) The District shall have the power and right to:
1991 1. Pay any delinquent state, county, District, municipal,
1992 or other tax or assessment upon lands located wholly or
1993 partially within the boundaries of the District; and
1994 2. Redeem or purchase any tax sales certificates issued or
1995 sold on account of any state, county, District, municipal, or
1996 other taxes or assessments upon lands located wholly or
1997 partially within the boundaries of the District.
1998 (b) Delinquent taxes paid, or tax sales certificates
1999 redeemed or purchased, by the District, together with all
2000 penalties for the default in payment of the same and all costs
2001 in collecting the same and a reasonable attorneys fee, shall
2002 constitute a lien in favor of the District of equal dignity with
2003 the liens of state and county taxes and other taxes of equal
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2004 dignity with state and county taxes upon all the real property
2005 against which the taxes were levied. The lien of the District
2006 may be foreclosed in the manner provided in this Act.
2007 (c) In any sale of land pursuant to section 197.542,
2008 Florida Statutes, as may be amended from time to time, the
2009 District may certify to the clerk of the circuit court of the
2010 county holding such sale the amount of taxes due to the District
2011 upon the lands sought to be sold, and the District shall share
2012 in the disbursement of the sales proceeds in accordance with the
2013 provisions of this Act and under the laws of the state.
2014 (17) Foreclosure of Liens. --Any lien in favor of the
2015 District arising under this Act may be foreclosed by the
2016 District by foreclosure proceedings in the name of the District
2017 in a court of competent jurisdiction as provided by general law
2018 in like manner as is provided in chapter 173, Florida Statutes,
2019 and amendments thereto and the provisions of that chapter shall
2020 be applicable to such proceedings with the same force and effect
2021 as if those provisions were expressly set forth in this Act. Any
2022 act required or authorized to be done by or on behalf of a
2023 municipality in foreclosure proceedings under chapter 173,
2024 Florida Statutes, may be performed by such officer or agent of
2025 the District as the Board of Supervisors may designate. Such
2026 foreclosure proceedings may be brought at any time after the
2027 expiration of 1 year from the date any tax, or installment
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202E
2025
203C
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
20441
2045I
2046
2047
2048
2049
2050
2051
DRAFT
thereof, becomes delinquent; however, no lien shall be
foreclosed against any political subdivision or agency of the
state. Other legal remedies shall remain available.
(18),plandatory Use of Certain District Systems, Facilities
and Services. -- To the full extent practicable and ermitted b
law, the District shall require all lands, buildincis, premises,
ersons, firms, and corporations within the District to use the
water management and control facilities, water systems, sewer
systems and irrigation systems of the District, provided that,
within the boundaries of St. Lucie County, the District shall
require all lands, buildings, premises, person, firms and
corporations to use the water systems, sewer systems and
irrigation systems to be owned and operated by St Lucie County
pursuant to the provisions of subsection (7)(b), Provided that
St. Lucie County may grant special exceptions to such mandatory
use.
(19) Competitive Procurement; Bids; Negotiations; Related
Provisions Required. --
(a) No contract shall be let by the board for any goods,
supplies, or materials to be purchased when the amount thereof
to be paid by the District shall exceed the amount provided in
section 287.017, Florida Statutes, as amended from time to time,
for category four, unless notice of bids shall be advertised
once in a newspaper in general circulation inSt. Lucie County,
87,
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District shall require all
lands, buildings, premises,
persons, firms, and
corporations within the
District to use the water
management and control
facilities and water and
sewer facilities of the
District.!
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2052 Any board seeking to construct or improve a public building,
2053 structure, or other public works shall comply with the bidding
2054 procedures of section 255.20, Florida Statutes, as amended from
2055 time to time, and other applicable general law. In each case,
2056 the bid of the lowest responsive and responsible bidder shall be
2057 accepted unless all bids are rejected because the bids are too
2058 high, or the board determines it is in the best interests of the
2059 District to reject all bids. The board may require the bidders
2060 to furnish bond with a responsible surety to be approved by the
2061 board. Nothing in this section shall prevent the board from
2062 undertaking and performing the construction, operation, and
2063 maintenance of any project or facility authorized by this Act by
2064 the employment of labor, material, and machinery.
2065 (b) The provisions of the Consultants, Competitive
2066 Negotiation Act, section 287.055, Florida Statutes, as amended
2067 from time to time, apply to contracts for engineering,
2068 architecture, landscape architecture, or registered surveying
2069 and mapping services let by the board.
2070 (c) Contracts for maintenance services for any District
2071 facility or project shall be subject to competitive bidding
2072 requirements when the amount thereof to be paid by the District
2073 exceeds the amount provided in section 287.017, Florida
2074 Statutes, as amended from time to time, for category four. The
2075 District shall adopt rules, policies, or procedures establishing
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2076 competitive bidding procedures for maintenance services.
2077 Contracts for other services shall not be subject to competitive
2078 bidding unless the District adopts a rule, policy, or procedure
2079 applying competitive bidding procedures to said contracts.
2080 Nothing herein shall preclude the use of requests for proposal
2081 instead of invitations to bid as determined by the District to
2082 be in its best interest.
2083 (20) Fees, Rentals, and Charges; Procedure for Adoption
2084 and Modifications; Minimum Revenue Requirements.--
2085 (a) The District is authorized to prescribe, fix,
2086 establish, and collect rates, fees, rentals, or other charges,
2087 hereinafter sometimes referred to as "revenues," and to revise
2088 the same from time to time, for the systems, facilities, and
2089 services furnished by the District, within the limits of the
2090 District, including, but not limited to, recreational
2091 facilities, water management and control facilities, and water
2092 and sewer systems; to recover the costs of making connection
2093 with any District service, facility, or system; and to provide
2094 for reasonable penalties against any user or property for any
2095 such rates, fees, rentals, or other charges that are delinquent.
2096 (b) No such rates, fees, rentals, or other charges for any
2097 of the facilities or services of the District shall be fixed
2098 until after a public hearing at which all the users of the
2099 proposed facility or services or owners, tenants, or occupants
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2100 served or to be served thereby and all other interested persons
2101 shall have an opportunity to be heard concerning the proposed
2102 rates, fees, rentals, or other charges. Rates, fees, rentals,
2103 and other charges shall be adopted under the administrative
2104 rulemaking authority of the District, but shall not apply to
2105 District leases. Notice of such public hearing setting forth the
2106 proposed schedule or schedules of rates, fees, rentals, and
2107 other charges shall have been published in a newspaper�of
2108 general circulation in St. Lucie County ,at least once and at
2109 least 10 days prior to such public hearing. The rulemaking
2110 hearing may be adjourned from time to time. After such hearing,
2111 such schedule or schedules, either as initially proposed or as
2112 modified or amended, may be finally adopted. A copy of the
2113 schedule or schedules of such rates, fees, rentals, or charges
2114 as finally adopted shall be kept on file in an office designated
2115 by the board and shall be open at all reasonable times to public
2116 inspection. The rates, fees, rentals, or charges so fixed for
2117 any class of users or property served shall be extended to cover
2118 any additional users or properties thereafter served which shall
2119 fall in the same class, without the necessity of any notice or
2120 hearing.
2121 (c) Such rates, fees, rentals, and charges shall be just
2122 and equitable and uniform for users of the same class, and when
2123 appropriate may be based or computed either upon the amount of
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2124 service furnished, upon the average number of persons residing
2125 or working in or otherwise occupying the premises served, or
2126 upon any other factor affecting the use of the facilities
2127 furnished, or upon any combination of the foregoing factors, as
2128 may be determined by the board on an equitable basis.
2129 (d) The rates, fees, rentals, or other charges prescribed
2130 shall be such as will produce revenues, together with any other
2131 assessments, taxes, revenues, or funds available or pledged for
2132 such purpose, at least sufficient to provide for the items
2133 hereinafter listed, but not necessarily in the order stated:
2134 1. To provide for all expenses of operation and
2135 maintenance of such facility or service;
2136 2. To pay when due all bonds and interest thereon for the
2137 payment of which such revenues are, or shall have been, pledged
2138 or encumbered, including reserves for such purpose; and
2139 3. To provide for any other funds which may be required
2140 under the resolution or resolutions authorizing the issuance of
2141 bonds pursuant to this Act.
2142 (e) The board shall have the power to enter into contracts
2143 for the use of the projects of the District and with respect to
2144 the services, systems, and facilities furnished or to be
2145 furnished by the District.
2146 (f) Notwithstanding the above the District shall not have
2147 the power to prescribe, fix, establish and collect rates, fees,
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2148 rentals or other charges for water systems, sewer systems and
2149 irrigation systems within the boundaries of St. Lucie County
2150 that are to be owned and operated by St. Lucie County pursuant
2151 to the provisions of subsection (7)(b), except as may be
2152 necessary for the financing vehicles for such systems pursuant
2153 to interlocal agreement with the County as provided in
2154 subsection (7)(b).
2155 (21) Recovery of Delinquent Charges. --In the event that
2156 any rates, fees, rentals, charges, or delinquent penalties shall
2157 not be paid as and when due and shall be in default for 60 days
2158 or more, the unpaid balance thereof and all interest accrued
2159 thereon, together with reasonable attorney's fees and costs, may
2160 be recovered by the District in a civil action.
2161 (22) Discontinuance of Service. --In the event the fees,
2162 rentals, or other charges for water and sewer services, or
2163 either of them, are not paid when due, the board shall have the
2164 power, under such reasonable rules and regulations as the board
2165 may adopt, to discontinue and shut off both water and sewer
2166 services until such fees, rentals, or other charges, including
2167 interest, penalties, and charges for the shutting off and
2168 discontinuance and the restoration of such water and sewer
2169 services or both, are fully paid; and, for such purposes, the
2170 board may enter on any lands, waters, or premises of any person,
2171 firm, corporation, or body, public or private, within the
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DRAFT
2172 District limits. Such delinquent fees, rentals, or other
2173 charges, together with interest, penalties, and charges for the
2174 shutting off and discontinuance and the restoration of such
2175 services and facilities and reasonable attorney's fees and other
2176 expenses, may be recovered by the District, which may also
2177 enforce payment of such delinquent fees, rentals, or other
2178 charges by any other lawful method of enforcement.
2179 (23) Enforcement and Penalties. --The board or any
2180 aggrieved person may have recourse to such remedies in law and
2181 at equity as may be necessary to ensure compliance with the
2182 provisions of this Act, including injunctive relief to enjoin or
2183 restrain any person violating the provisions of this Act or any
2184 bylaws, resolutions, regulations, rules, codes, or orders
2185 adopted under this Act. In case any building or structure is
2186 erected, constructed, reconstructed, altered, repaired,
2187 converted, or maintained, or any building, structure, land, or
2188 water is used, in violation of this Act or of any code, order,
2189 resolution, or other regulation made under authority conferred
2190 by this Act or under law, the board or any citizen residing in
2191 the District may institute any appropriate action or proceeding
2192 to prevent such unlawful erection, construction, reconstruction,
2193 alteration, repair, conversion, maintenance, or use; to
2194 restrain, correct, or avoid such violation; to prevent the
2195 occupancy of such building, structure, land, or water; and to
93•
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2196 prevent any illegal act, conduct, business, or use in or about
2197 such premises, land, or water.
2198 (24) Suits Against the District. --Any suit or action
2199 brought or maintained against the District for damages arising
2200 out of tort, including, without limitation, any claim arising
2201 upon account of an act causing an injury or loss of property,
2202 personal injury, or death, shall be subject to the limitations
2203 provided in section 768.28, Florida Statutes, as amended from
2204 time to time.
2205 (25) Exemption of District Property from Execution. --All
2206 District property shall be exempt from levy and sale by virtue
2207 of an execution, and no execution or other judicial process
2208 shall issue against such property, nor shall any judgment
2209 against the District be a charge or lien on its property or
2210 revenues; however, nothing contained herein shall apply to or
2211 limit the rights of bondholders to pursue any remedy for the
2212 enforcement of any lien or pledge given by the District in
2213 connection with any of the bonds or obligations of the District.
2214 (26) Termination, Contraction or Expansion of District.--
2215 (a) The board may ask the Legislature through its local
2216 legislative delegations in and for St. Lucie County to amend
2217 this Act to contract, to expand or to contract, and to expand
2218 the boundaries of the District by amendment of this section.
2219 (b) The District shall remain in existence until:
94.
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2220
2221
2222
2223
2224
2225
2226
2227
2228
2229
2230
2231
2232
2233
2234
2235,
2236I.
2237
2238
2239
2240.
2241i
2242
DRAFT
1. The District is terminated and dissolved pursuant to
amendment to this Act by the Florida Legislature.
2. The District has become inactive pursuant to section
189.4044, Florida Statutes.
(27) Inclusion of Territory. --The inclusion of any or all
territory of the District within a municipality does not change,
alter, or affect the boundary, territory, existence, or
jurisdiction of the District.
(28) Sale of Real Estate Within the District; Required
Disclosure to Purchaser. --Subsequent to the creation of this
District under this Act, each contract for the initial sale of a
parcel of real property and each contract for the initial sale
of a residential unit within the District shall include,
immediately prior to the space reserved in the contract for the
signature of the purchaser, the following disclosure statement
in boldfaced and conspicuous type which is larger than the type
in the remaining text of the contract: "THE CLOUD GROVE
STEWARDSHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,
OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE
COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES AND SERVICES OF THE
DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE
DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY
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DRAFT
2243 AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER
2244 TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
2245 (29) Notice of Creation and Establishment. --Within 30 days
2246 after the election of the first Board of Supervisors creating
2247 this District, the District shall cause to be recorded in the
2248 grantor -grantee index of the property records in each county in
2249 which it is located a "Notice of Creation and Establishment of
2250 the Cloud Grove Stewardship District." The notice shall, at a
2251 minimum, include the legal description of the property covered
2252 by this Act.
2253 (30) Any system, facility, service, works, improvement,
2254 project, or other infrastructure owned by the District, or
2255 funded by federal tax exempt bonding issued by the District, is
2256 public; the District by rule may regulate, and may impose
2257 reasonable charges or fees for, the use thereof but not to the
2258 extent that such regulation or imposition of such charges or
2259 fees constitutes denial of reasonable access.
2260 Section 7. SEVERABLITY.--If any provision of this Act is
2261 determined unconstitutional or otherwise determined invalid by a
2262 court of law, all the rest and remainder of the Act shall remain
2263 in full force and effect as the law of Florida.
2264 Section 8. In the election provided for in section 9, each
2265 assessable acre or fraction thereof present in person or by
2266 proxy shall be counted as one vote.
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eWTIMA
2268
2269
2270
2271
2272
2273
2274
2275
2276
2277
2278
2279
2280
2281
2282'
22831I
2284
2285
2286
2287
DRAFT
Section 9. This section and section 8 shall take effect
upon this act becoming law, and the remaining sections shall
take effect upon approval by a majority vote of the owners of
land within the district who are not exempt from ad valorem
taxes or non -ad valorem assessments and who are present in
person or by proxy at a landowners' meeting to be held within 90
days after the effective date of this act. Such landowners'
meeting shall be noticed as provided in section 5 for the
initial landowners' meeting and may be combined with such
meeting. However, the provisions of this act which authorize the
levy of ad valorem taxation and issuance of general obligation
bonds shall take effect only upon express approval by a majority
vote of those qualified electors of the Cloud Grove Stewardship
District voting in a referendum election held at such time as
all members of the board are qualified electors who are elected
by qualified electors of the district as provided in this act.
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CLOUD GROVE STEWARDSHIP DISTRICT Q&A
Why create an independent special district for Cloud Grove?
The independent district will be responsible for funding, constructing and
maintaining infrastructure in Cloud Grove, including natural areas, buffers, roads, trails,
etc. Creation of an independent district achieves "fiscal neutrality" as required by the
County. Specifically, St. Lucie County's Rural Land Stewardship Area Overlay
Comprehensive Plan Policy 4.16 mandates that "[i]n addition to meeting the Concurrency
Management System Requirements at the time of final local development orders,
approved development within each SRA must demonstrate that it will be fiscally neutral
or positive to St. Lucie County, including capital and operational costs." It further
describes creation of an independent district or community development district as a
technique for meeting fiscal neutrality. An independent district is the best mechanism to
finance infrastructure at Cloud Grove, which furthers the County's objective of growth
paying for itself.
2. Why doesn't creation of a dependent district, municipal service taxing unit
("MSTU") or municipal service benefit unit ("MSBU") meet the fiscal neutrality
requirement?
Taxes and assessments levied by a dependent district or through an MSTU or
MSBU created by the county are considered taxes and assessments of the county. Debt
of a dependent district would be debt of the county. Furthermore, dependent districts,
MSTUs and MSBUs are not recognized in the St. Lucie Policy 4.16 as techniques for
achieving fiscal neutrality.
3. Why is legislation necessary?
Chapter 189, Florida Statutes, limits the methods for creation of districts and
provides that an independent district must be created by special act unless created as a
community development district pursuant to Chapter 190, Florida Statutes.
4. Why does St. Lucie County have to act on this legislation?
Section 189.404(3), Florida Statutes, provides that an independent district cannot
be created by the Legislature without a "resolution or official statement of the governing
body or an appropriate administrator of the local jurisdiction within which the proposed
district is located stating that the creation of the proposed district is consistent with the
approved local government plans of the local governing body and that the local
government has no objection to the creation of the proposed district."
5. Why not just create a community development district?
The size of Cloud Grove would require creation of multiple community
development districts. This would present additional difficulties with intergovernmental
coordination to provide public infrastructure and services, and would increase costs of
governance to the landowners and residents. For example, multiple district
administrators would be hired rather than one district administrator. This single district
would also streamline communication.
6. What powers would the district have under this legislation?
The general and special powers enumerated in the proposed legislation are those
granted to community development districts pursuant to Chapter 190 and to water control
districts pursuant to Chapter 298. They include the power to finance, fund, construct and
operate public facilities and services.
More importantly, nothing in the legislation grants the proposed district police
powers or creates any exemptions from the St. Lucie County comprehensive plan or land
use regulations, and nothing exempts the land in the district from any environmental or
land use requirement, including the DRI process. Approval of the district by St. Lucie
County and subsequent creation by the Florida Legislature does not in any way permit the
proponent to commence land development or construction. All -land development must
be reviewed and approved by the County.
7. How is this proposed district different than the proposed TVC district?
There are no residents living within the proposed district at Cloud Grove. The
only landowner in the district is the proponent of the legislation. There is a single set of
land use development rules applicable to all lands within the district. The lands within
the proposed district will all be encompassed within a single DRI application and
development order.
Will creation of the district promote municipal incorporation?
No. All existing general laws applicable to incorporation and annexation will
apply with respect to lands and persons within the district. Municipal incorporation is a
separate statutory process subject to the County's discretion. Incorporation cannot occur
without enactment of a special act by the Legislature, following notice and public
hearings. Such an act could expressly prohibit expansion of the municipality by
annexation. Additionally, the legislation for the Cloud Grove independent special district
expressly limits district boundaries per the legal description and such boundaries cannot
change without enactment of future legislation that is subject to St. Lucie County's "no
objection" letter.
Hopping Green & Sams
Attorneys and Counselors
Writer's Direct Dial No.: (850) 425-3410
MEMORANDUM
TO: Chairman Chris Craft, St. Lucie County
Vice -Chairman Joe Smith, St. Lucie County
Commissioner Doug Coward, St. Lucie County
Commissioner Charles Grande, St. Lucie County
Commissioner Paula Lewis, St. Lucie County
FROM: Jonathan T. Johnson and Victoria L. Weber
CC: Glenn Kerns, St. Lucie County
Doug Anderson, St. Lucie County
Dan McIntyre, St. Lucie County
RE: Public Safeguards Applicable to Cloud Grove Stewardship District
DATE: February 13, 2007
This memorandum outlines the procedural and public safeguards, which are provided by
Florida law and the proposed Cloud Grove Stewardship District ("District') legislation. The
purpose of this memo is to inform you of public involvement opportunities and transparency of
the proposed District. We are providing this analysis in order to demonstrate that there are
numerous and adequate safeguards in place. Specifically, Florida law provides safeguards with
regard to: (1) an establishment process; (II) the issuance of bonds and imposition of special
assessments by the District; and (II1) the ongoing operations of the District.
I. District Establishment: The steps in establishing the District offer numerous opportunities
for public involvement and all occur within the "sunshine":
• Notice of intent seeking legislation to establish the District must be published in a
newspaper of general circulation. This was published on January 22, 2007, in the Ft.
Pierce Tribune. This notice informs the public of the proposed legislation to create the
District.
St. Lucie County, as the affected local government, must consider the legislation and
determine whether the proposed legislation is consistent with its comprehensive plan, and
it objects to or approves of the creation of the District. Th Commission first heard this
matter on December 12, 2006, continued it to January 22, 2007, and rescheduled it to
February 23, 2007.
An economic impact statement must be prepared for the legislation. This statement is
intended to show the economic impact of the District itself and not the economic impact
of the development that will occur within the District.
• St. Lucie County legislative delegation must conduct a public hearing and approve filing
of legislation creating the district dependent upon the County's support. The hearing
occurred January 4, 2007 and is continued pending the County's action on the District.
• Legislation must meet minimum requirements set forth in Chapter 189, Florida Statutes.
• Legislation must specify district boundaries, powers, board membership and election
process, financing methods, etc.
• Legislation must be heard in public hearings by Florida Legislature.
• Substantive amendments to the legislation cannot be made without sign -off of all
members of the delegation.
• House and Senate must vote to approve the legislation.
• Governor must approve legislation or allow it to become law without signature.
II. Ongoing District Ouerations• The following procedural and public safeguards apply to the
daily operations of a District:
• The creation of the District will not change any requirements for governmental approval
of any development or construction within the district. Any DRI, PUD or other
application and all state and local regulations will still apply. Planning, environmental
and land development regulations will apply to all development and construction within
the District regardless of who undertakes the activity.
• All contracts for the initial sale of real property and residential units within the District
will disclose to the buyer the existence of the District and its authority to levy taxes and
assessments. Both the text and the placement of the text in the contract of sale must
appear as mandated by law.
• The members of the District Board of Supervisors must be residents of Florida and
citizens of the United States. Within 90 days of the establishment of the District, the
landowners within the District must meet and directly elect the board of supervisors on a
one acre, one vote basis. After the Board of Supervisors shifts to being elected by the
resident electors of the district the supervisors must also be residents and electors of the
district. Meetings will be properly noticed to the public.
• The compensation of district supervisors is limited to $200.00 per meeting (not to exceed
$4,800.00 per year) plus standard state travel and per diem, unless a higher compensation
is approved by a referendum of the residents of the District. This compensation provision
is expressly included in the Cloud Grove Act and is consistent with the Chapter 190
(community development districts)
• The District must maintain an office in St. Lucie County in which it is located and the
office must be reasonably accessible to landowners of the district.
• All meetings of the District Board of Supervisors will be open to the public and will be
subject to all other government -in -the -sunshine requirements of Chapter 286, F.S.
ra
• The records of the Board of Supervisors must be open for public inspection by any
person at any reasonable time.
• Candidates for the District Board of Supervisors will be subject to the same campaign
financing disclosure requirements and oath of office requirements as candidates for any
other public office. Eligible candidates are those living with the District boundary.
• The District must provide financial reports to the State Department of Financial Services
in the same form and manner as all other political subdivisions.
• Operating accounts of the District must be held in qualified public depositories in
accordance with Chapter 280, F.S.
• Districts which meet the revenue thresholds of § 1.1.45, F.S., (and most do) must obtain
an annual independent audit which must be filed with the Auditor General, the local
governing authorities and the Department of Financial Services.
• Proposed District budgets must be submitted to the County at least 60 days before
adoption by the District Board of Supervisors.
• The District budget must be adopted annually by the District Board of Supervisors. The
Board's approved budget must be the subject of a public hearing, after newspaper notice,
at which the Board must hear all objections to the budget.
• The District must fully disclose information concerning financing and maintenance of
real property improvements undertaken by the district. Such information must be made
available to all existing and prospective landowners and residents of the District. The
State of Florida Department of Community Affairs is required to keep these disclosures
on file and available to the public.
• The District Board of Supervisors must follow Chapter 120, F.S. procedures in adopting
rules.
• The District is required to advertise for bids and accept the lowest responsive and
responsible bid for certain construction and purchasing activities. Certain consultant
contracts must follow the procedures of § 287.055, F.S., for retention of engineers,
architects, etc.
• Rates, fees, rentals and other charges for any facilities or services of the District may be
established only after a public hearing. The District must follow administrative rule -
making procedures in adopting rates, fees and other charges thereby providing notice and
points of entry to affected parties.
• As public entities, the limitations of § 768.28, F.S., are applicable to any suit arising in
tort against the District.
• The Act provides that any aggrieved person may have recourse to such remedies in law
and at equity as may be necessary to ensure compliance with the provisions of the act,
including injunctive relief to enjoin or restrain any person violating the provisions of the
act or any bylaws, resolutions, regulations, rules, codes, or orders adopted under the act.
M. Issuance of Bonds and Imposition of Special Assessments: The following procedural and
public safeguards apply to a District's issuance of bonds and imposition of special assessments:
• Since the District is required to follow the mandates of Florida's sunshine law, all
authorizations for issuance of bonds must take place at a publicly noticed meeting of the
District's governing board.
• All District bonds maturing over five or more years must be validated in a local circuit
court following the procedures in Chapter 75, F.S., including publication of the order to
show cause issued by the court.
• All bonds issued by the District must be secured by a trust agreement.
• A District may levy and impose benefit special assessments, or special assessments to
secure the revenue bonds which are anticipated to be issued by the District.
• The District's Board may consider commencing the process to impose special
assessments by adopting a resolution at a publicly noticed meeting which meets the
requirements of § 170.03, F.S.
• Prior to the adoption of this resolution, the District must satisfy the requirements of §
170.04, F.S., regarding creation of an assessment plat, cost estimates and plans and
specifications.
• After adoption, this resolution must be published in the manner provided in § 170.05,
F.S.
• The District will then create a preliminary assessment roll which will show the lands to
be assessed, the amount of benefit against each assessable parcel, and the number of
installments over which the assessment will be paid. § 170.06, F.S.
• After creation of the preliminary assessment roll, the District by resolution sets a public
hearing at which time the owners of the lands to be assessed may appear and object to the
assessment. Notice of this hearing must be provided by direct mail notice thirty calendar
days prior to the hearing. Notice must also be given by publication, once a week for two
weeks, in a newspaper of general circulation in St. Lucie County. These notices must
contain the information required by § 170.07, F.S.
• At this public hearing, the District Board will meet and hear testimony from the
landowners being assessed as to the propriety and advisability of making the planned
improvements and funding them through assessments. At the conclusion of this hearing,
the Board equalizes and approves the assessments. § 170.08, F.S.
• In addition to the notice requirements listed above regarding imposition of the
assessments, to the extent that the District intends to collect such special assessments on
the County tax roll then the District must also satisfy all requirements of § 197.3632,
F.S., including (i) holding a public hearing to confirm its intention to collect assessments
on the County tax roll, (ii) entering into an agreement with the local taxing authorities to
provide for collection, (iii) holding a public hearing which also requires individual mailed
notice and publication notice (this may be combined with the public hearing required by
§ 170.08, F.S.).
4
In sum, we hope you found this summary helpful as its purpose is to demonstrate that use
of an independent district at Cloud Grove to fund its infrastructure provides the County with
much more information than it would typically have without such a district, many more points of
entry into the process, and brings many more activities into the public eye than would ever occur
in a typical, privately financed, real estate project. Please do not hesitate to contact us with any
questions or comments. We look forward to continuing to work with you and staff.
5
CLOUD GROVE STEWARDSHIP DISTRICT LEGISLATION
Section
Page
Provision
Source
Explanation
1.
1
Name
Specific to Bill -
Names act the "Cloud Grove
Stewardship District Act"
2 . (1)
1-6
Findings
Specific to Bill
Provides legislative findings
that explain: (1) the rationale
for creation of an independent
special district to finance and
fund necessary public
infrastructure; (2) why a CDD
is not being used; (3) that all
comprehensive planning,
zoning or development
permitting powers continue to
apply to lands in the district
and that nothing in the act
authorizes development of
any sort; (4) that use of an
independent district to fund
infrastructure and services is
not inconsistent with the local
comprehensive plans; and (5)
that no debt or obligation of
the district is a burden on any
local general purpose
government.
2.(2)
6-15
Definitions
All but 2 taken from
Land development
Chapter 190 (CDD
regulations defined for
law); others based
purposes of making it clear
upon 163.3202
that land within the district
("land development
remains subject to all local
regulations"); and
land development regulations
197.3632 ("non -ad
and that the district cannot act
valorem
in any manner inconsistent
assessments")
with such land development
regulations.
2.(3)
15-
Policy
Specific to Bill
Declares district as best
17
Statements
alternative for uses, functions
and projects consistent with
local comp plans; limits the
district to special purposes
enumerated; declares all
applicable planning, zoning
and permitting laws in force
with respect to lands within
the district; requires district to
function consistent with local
comprehensive plans,
development orders, zoning
regulations and other land
development regulations;
prohibits the district from
adopting a plan; prohibits
boundary changes except by
legislative act and only upon
acquiescence of local general
purpose government.
3.(1)
17-
Minimum
Required by
Identifies where in the act the
19
general law
189.404(3)
minimum general law
requirements
requirements for creation of
an independent special district
are met.
3.(2)
19-
Creation and
Specific to Bill
Creates the Cloud Grove
20
Establishment
Stewardship District as an
independent special district
under 189.404.
3.(3)
20
Territorial
Specific to Bill
Provides that the territorial
Boundaries
boundaries of the district are
as set forth in the legal
description contained in
Section 4.(2) of the act.
3.(4)
20-
Jurisdiction of
Specific to Bill
Provides for jurisdiction of
21
District
district within district
boundaries and
extraterritorially only as
expressly authorized in act or
in general law. Limits power
of district to powers set forth
in charter. Reiterates that
general law applies, but
special acts control in event
of conflict.
3.(5)
21
Charter
Specific Ito Bill
States that act is exclusive
charter of district and may
only be amended by act of the
legislature.
4.
21-
Legal
Specific to Bill
Provides legal description for
28
Description
lands within the district
boundaries.
5.(1)
28
Board
190.006(1)
Provides for 5-member board
with 4 year terms
5.(2)
28-
Landowner
190.006(2)
Provides process for initial
30
meetings
and subsequent landowner
meetings and elections
5.(3)
30-
Popularly
190.021;
Prohibits imposition of ad
35
elected Board
190.006(3)
valorem taxes unless all of
board popularly -elected;
provides mechanism for
turnover of board from
landowner -elected to
popularly -elected (differs
from 190); provides election
procedures.
5.(4)
35
Board members
190.006(4)
Provides that board members
as public
are public officers required to
officials
take oath and bound by ethics
and conflict laws; provides
for filling board vacancies.
5.(5)
35
Removal of
Based on Article
Provides for removal by
board member
IV, S. 7 Fla. Const.
Governor of board members
for malfeasance, misfeasance,
etc. and filling vacancies
arising from same
5.(6)
35-
Quorum
190.006(5)
Provides majority of board
36
present constitutes quorum.
5.(7)
36
Officers
190.006(6)
Provides for selection of
board officers.
5.(8)
36
District Records
190.006(7)
Provides for maintenance of
board records and that same
are subject to the public
records law.
5.(9)
36-
Board member
190.006(8)
Limits board member
37
payments
compensation to $200 per
meeting, not to exceed $4,800
per year, plus travel and per
diem as allowed under
112.061.
5.(10)
37
Sunshine Law
190.006(9)
Provides all meetings of the
board are subject to Sunshine
law.
6(1)
37-
District Manager
190.007(1)
Provides for district manager
38
hired by board.
6.(2)
38
District
190.007(2)
Provides for district treasurer
Treasurer
designated by board.
Requires annual financial
audit by independent CPA.
6.(3)
38-
Public
190.007(3)
Authorizes board to select
39
Depository
public depository qualified
per 280.02.
6.(4)
39-
Budgets and
190.008
Requires district to provide
40
Financial and
annual financial report per
Public Facilities
chapter 218; requires district
Reports
to adopt annual budget by
October I'`; requires district
to submit budgets and public
facilities reports to St.Lucie
and Indian River
Commissions.
6.(5)
41
Disclosure of
190.009
Requires district to provide
Public Financing
full disclosure of information
related to public financing
and maintenance of
improvement to real property
undertaken by district and
make such information
available to all residents and
prospective residents of
district.
6.(6)
41-
General Powers
190.011, 190.012,
Sets forth the general
46
and 298.54
corporate powers of the
district.
6.(7)
46-
Special Powers
190.011, 190.012
Sets forth the special powers
54
of the district to plan, finance,
fund, construct and operate
public infrastructure and
services of the district.
6.(8)
54-
Bond
190.014
Provides power of district to
55
Anticipation
issue bond anticipation notes.
Notes
6.(9)
55
Borrowing
190.015
Provides power of district to
borrow funds to pay expenses
of district.
6.(10)
56-
Bonds
190.016,
Provides power of district to
68
190.021(6),
issue bonds payable from
189.4085
revenues of the district.
6.(11)
68-
Trust
190.017
Provides that district bonds
69
Agreements
shall be secured by trust
agreement
6.(12)
70-
Ad valorem
190.021 and 298.54
Authorizes district to impose:
76
taxes and non -ad
ad valorem taxes not to
valorem
exceed 3 mills (if entire board
assessments
popularly elected and if voters
approve in referendum);
benefit special assessments;
non -ad valorem maintenance
taxes if authorized by general
law; maintenance special
assessments; and special
assessments. Provides for
collection and enforcement of
same.
6.(13)
76-
Special
298.301 and
Provides alternative method
84
Assessments
298.305
for district to levy and impose
special assessments for
district works.
6.(14)
84-
Certificates of
190.023
Authorizes district to issue
87
Indebtedness
certificates of indebtedness
and Assessment
and assessment bonds.
Bonds
6.(15)
87-
Tax Liens
190.024
Provides that taxes and
88
assessments levied by the
district are liens on property
and enforceable as other taxes
and assessments pursuant to
various provisions of chapter
197.
6.(16)
88-
Payment of
190.025
Sets forth process for paying
89
taxes and
taxes and assessments and
redemption of
redeeming liens.
liens
6.(17)
89-
Foreclosure of
190.026
Provides process for
90
liens
foreclosing district liens.
6.(18)
90
Mandatory use
190.031
Requires district, to full
of certain
extent permitted by law, to
facilities
require persons within the
district to use district water
management and control and
water and sewer facilities of
the district.
6.(19)
90-
Competitive
190.033
Requires district to use
92
procurement
competitive procurement
process for purchases of
goods, supplies, materials and
maintenance services in
excess of category 4 under
287.017. Requires district to
use Consultants' Competitive
Negotiation Act in section
287.055 when acquiring
engineering, architecture,
landscape architecture, or
registered surveying or
mapping services. Requires
district to adopt rules for
competitive procurement.
6.(20)
92-
Fees, rentals and
190.035
Authorizes district to set
95
charges
rates, fees and rentals for
district facilities and services
in a noticed public hearing.
Such charges must be just and
equitable and uniform for
users of the same class.
6.(21)
95
Recovery of
190.036
Authorizes district to recover
delinquent
fees and charges, and
charges
reasonable attorney's fees and
Costs.
6.(22)
95-
Discontinuance
190.037
Authorizes district to
96
of service
discontinue services for
nonpayment and charge
delinquency fees.
6.(23)
96
Enforcement and
190.041
Authorizes the board and any
penalties
aggrieved person to sue to
enforce the act and to prevent
actions in violation of the act.
6.(24)
97
Suits against the
190.043
Imposes sovereign immunity
district
limits from 768.28 for acts of
the district.
6.(25)
97
Exemption of
190.044
Exempts property owned by
district property
the district from levy and
from execution
sale, and lien.
6.(26)
97-
District
190.046, as
Allows district to seek
98
boundary
modified to address
contraction or expansion of
changes
189.404(3)(o) and
district boundaries, or
189.4042(2)
termination of the district, via
legislation.
6.(27)
98
Inclusion of
Specific to bill
Provides that inclusion of
territory
district land in a municipality
does not alter district
boundaries.
6.(28)
98-
Sale of real
190.048
Requires contracts for sale of
99
estate within
land in the district to include
district
boldfaced disclosures that
district exists and can impose
taxes and assessments.
6.(29)
99
Notice of
190.0485
Requires initial district board
creation of
to file notice of creation of the
district
district in public records
within 30 days of election of
board.
6.(30)
99
District facilities
Specific to bill
Mandates that facilities and
are public
services owned by district or
funded with tax-exempt
financing are public.
7.
99
Severability
Standard severability clause
providing that if any
provision is determined
unconstitutional or invalid,
other provisions intended to
survive.
8.
99
Voting acreage
Specific to bill
Provides intent that in
landowner election required
to effectuate law, each acre or
portion thereof counts as a
vote.
9.
100
Effective date
Specific to bill
Provides that sections 8 and 9
are effective upon becoming
law, but remainder of bill is
not effective until landowners
vote to approve it within 90
days of effective date of act.
Provides for notice of
landowners meeting.
Provides that no ad valorem
taxes may be imposed or
general obligation bonds
issued except upon express
approval of majority of
qualified electors of the
district voting in a
referendum after all of the
board members are popularly -
elected.
3OARD OF
:OUNTY
:OMMISSIONERS
Heather Young
Katherine Mackenzie -Smith
Heather Sperrc=c Luelse
January 3, 2007
Victoria L, Weber, Esq.
Hopping Green & Sams
P. O, Box 6526
Tallahassee, Florida 32314
RE: Cloud Grove Stewardship District - Proposed Legislation
Dear Ms. Weber:
COUNTY
ATTORNEY
Daniel S. McIntyre
ASSISTANT COUNTY ATTORNEY
ASSISTANT COUNTY ATTORNEY
ASSISTANT COUNTY ATTORNEY
Enclosed are comments on the proposed legislation provided by the County's Growth
Management Director and by Phillip Gildan, Esquire, the County'$ special utility counsel,
Sincerely,
Dani6l 5, MCI
County Attog
DSM/caf
Enclosure
Copy to: County Administrator
Growth Management Director
Utility Services Director
Strategy & Special Projects Director
JOSEPH E. SMITH, District No. 'I • DOUG COWARD, District A. LEWIS, District
istosl tNoAnd- CHARLES GRANDE. District No. 4 • CHRIS CRAFT. District No. 5
County AdTlftlsr
2300 Virginia Avenue • 3rd Floor Admin. Annex Fort Pierce, FL 34982-5652 - Phone (772) 462-1441
.....� _,._�.. Page 1
Daniel WAcintyre - Cloud Grove Special District Legislation
From: Robert Nix
To: Daniel McIntyre
Date: 12/28/2006 1:57:47 PM
Subject: Cloud Grove Special District Legislation
I saw the letter from Hopping, Green and Sams re Cloud Grove special district legislation.
I have looked at the proposed legislation.
I am not convinced that it is consistent with our adopted comprehensive plan, even including the Rural
Land Stewardship amendment.
I think the proposed legislation may need some significant revisions.
Bob Nix
CC: Faye Outlaw
aaiiel 14cln11 tyre - Revisions to Clo11 ud Grove Stewardship District Act
- - ,_ --- Page 1
From: <GildanP@gtlaw.com>
To: <Danm@stlucieco.gov>
Date: 12/22/2006 1:34:05 PM
Subject: Revisions to Cloud Grove Stewardship District Act
Dan - I have reviewed Michael Briilhart's memorandum re the Draft Cloud
Grove Stewardship District Legislation and have reviewed the Draft
Legislation. I have attached for your consideration possible revisions
to the Draft Legislation regarding the provision of utility services.
s or if
Please let me know if you would like to discuss these suggestions
I can otherwise assist you re the Draft Legislation.
Phil
<<Y9X201 .DCC>>
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular
230, we inform you that any U.S. federal tax advice contained in this communication (including any
attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be
used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting,
marketing or recommending to another parry any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is
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prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all
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Suggested Revisions to Cloud Grove Stewardship District Act
Revise Section 6, Subsection (7)(b), starting at line 1125, to reflect St. Lucie
County Comprehensive Plan RLSA provisions to read as follows:
(b) Water supply, sewer management, reclamation, and reuse, or any
combination thereof, and any irrigation systems, facilities, and services and to
construct and operate water systems, sewer systems and irrigation systems in,
along, and under any street, alley, highway, or other public place or ways, and to
dispose of any effluent, residue, or other byproduct of such systems, provided
that, within the boundaries of St. Lucie County, the District shall convey to St_
Lucie County for ownership and operation, free and clear of all liens and
encumbrances, all water systems, sewer systems and irrigation systems
constructed or otherwise acquired by the District. The St. Lucie County Board of
County Commissioners may assign this right to any governmental entity.
Revise Section 6, Subsection (18), starting at line 2114 to read as follows:
(18) Mandatory Use of Certain District Systems, Facilities and Services. -- To
the full extent permitted by law, the District shall require all lands, buildings,
premises, persons, firms, and corporations within the District to use the water
management and control facilities, water systems, sewer systems and irrigation
systems of the District, provided that, dinhin the a person, firms andaries of St. Lucie County,
the District shall require all lands, 9s, premises,
corporations to use the water systems, sewer systems and irrigation systems to
be owned and operated by St. Lucie County pursuant to the provisions of
subsection (7)(b).
Revise Section 6, Subsection (20), starting at line 2223, by adding thereto a new
Subparagraph (f) to read as follows:
(f) Notwithstanding the above, the District shall not have the power to prescribe,
fix, establish and collect rates, fees, rentals or other charges for water systems,
sewer systems and irrigation systems within the boundaries of St. Lucie County
that are to be awned and operated by St. Lucie County pursuant to the provisions
of subsection (7)(b).
flopping Green & Sams
Attorneys and Counselors
January 19, 2007
Daniel McIntyre
St. Lucie County Attorney
2300 Virginia Avenue
Ft. Pierce, Florida 34982
Re: Cloud Grove Special District Legislation
Dear Mr. McIntyre:
After faxing yesterday Cloud Grove's request for continuance of the January 22nd
Board meeting to February 7`h, my office received a phone call from County
Administrator Doug Anderson suggesting that such a continuance could possibly result in
no rescheduling of the meeting during the month of February. As you may know, the
deadline to file legislation is March 6 h, and the County has objected to the St. Lucie
delegation proceeding with the legislation until such time as the County acts. The
process to file legislation by March 6d' requires the following to occur prior to that date:
(1) letter of no objection from the County and a statement of the district not inconsistent
with the comprehensive plan and (2) if the Board acts favorably, then the St. Lucie
delegation reconvenes prior to the filing deadline to continue its action. We respectfully
request a date certain prior to mid -February to meet with the Board of County
Commissioners with staff comments in hand as this would then allow adequate time for
the legislators to reconvene prior to March 61h.
Thank you for your assistance in this matter.
Sincerely,
Victoria L. ber
C: Mr. Doug Anderson
Post Office Buz 6526 Tallahassee, Florida 32314 123 South Calhoun Street (32301) 850.222.7500 850.22k8551 fax www.hgslaw.coni
_„ ry
e m
Daniel McIntyre Cloud Grove Page 1
From: "Terry Lewis" <tlewis@llw-law.com>
To: "Daniel McIntyre" <DANM@stlucieco.gov>
Date: 1 /18/2007 3:50:46 PM
Subject: Cloud Grove
Dan, I have reviewed the Cloud Grove legislation and have the following
comments:
1. The Cloud Grove Stewardship District is a multi -county, independent
district as defined by ss. 189.403(2) and (3) F.S. As such, it will
initially be governed by an independent Board consisting of the
landowners or their nominees elected on a one-acre/one-vote basis. The
Board will establish a budget, facilities plan and work program to
install public infrastructure within (and conceivably adjacent to the
District boundaries. All infrastructure will be be financed by District
landowner assessments and taxes and possibly some fees.
2. Among the fundamental requirements for creation of a new independent
district, Section 189.404(2)(e) F.S.(which was adopted pursuant to Art.
I II, Sec. 11 (a)(21 ) of the Constitution) requires that the local general
purpose government with jurisdiction (the County) provide a BOC
resolution or statement from the County Administrator stating that
district creation is consistent with approved local government plans and
the County has no objection to creation. so, either a BOC resolution or
letter from the County Administrator is required under normal
circumstances for the legislation to go forward.
3. Parenthetically, Section 189.4155 F.S. requires that any construction
or expansion of a district facility must be consistent with the
applicable local government comprehensive plan. Hence, any facility
proposed by the district must comply in all respects with the adopted
county plan and land development regulations.
4. On page 10 of the bill, the definition of "District roads" should be
more specific that district roads are those constructed and maintained
by the district.
5. Page 11., paragraph (p) does not define a governmental entity as a
landowner for purposes of meeting notice. That should be changed. while
government can't vote if it doesn't pay assessments, it should still
receive notice of landowner meetings.
6. Page 16, paragraph (d), line 371. 1 suggest deleting "not in.." The
change would require the district to operate "consistent" with
applicable County plans.
7. Page 20., paragraph (4). This gives the district certain
extraterritorial powers. You may wish to consider making the exercise of
extraterritorial power subject to County approval.
8. Page 48, paragraph (b). The County is in both the water and sewer
business. You may want to limit the power of the district and make its
exercise subject to a County sign off.
9. Page 51, paragraph 0). Likewise, since the County has a county -wide
fire district, you may wish to limit this authority.
m�T
Daniel McIntyre - Cloud Grove Page 2
10. Page 72-75. The District will have a number of available taxes and
assessments including ad valorem (3 mills), installation and maintenance
taxes and non -ad valorem assessments. These can only be levied on lands
within the district and no debt of the district will affect the full
faith and credit of the County. My only question relates to a statement
on page 75 that contends that maintained taxes are non -ad valorem taxes,
not assessments. Though it is not a County issue, I thought the Supreme
Court cases were pretty clear that at least in the context of certain
districts (Chapter 298), maintenance taxes were actually special
assessments.
Otherwise, I have no comments.
Terry
FROM THE DESK OF
Terry E. Lewis, Esquire
Lewis, Longman & Walker, P.A.
1700 Palm Beach Lakes Boulevard, Suite 1000
West Palm Beach, Florida 33401
Phone: 561-640-0820 Fax: 561-640-8202
e-mail: tlewis@llw-law.com <mailto:tlewis@llw-law.com>
Confidentiality Note: The information contained in this transmission is
legally privileged and confidential, intended only for the use of the
individual or entity named above. If the reader of this message is not
the intended recipient, you are hereby notified that any dissemination,
distribution, or copying of this communication is strictly prohibited.
If you receive this communication in error, please notify the sender
immediately by telephone call to (561) 640-0820 and delete the message.
Thank you.
Daniel McIntyre Revisions to Cloud Grove Stewardship District Act Page 1
From: <GildanP@gtlaw.com>
To: <Danm@stlucieco.gov>, <wes@rsbattorneys.com>, <casel@stlucieco.gov>
Date: 2/2/2007 2:08:50 PM
Subject: - Revisions to Cloud Grove Stewardship District Act
Here is the revised language per the conf. call this afternoon.
NIT
Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular
230, we inform you that any U.S. federal tax advice contained in this communication (including any
attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be
used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting,
marketing or recommending to another party any matters addressed herein.
The information contained in this transmission may contain privileged and confidential information. It is
intended only for the use of the person(s) named above. If you are not the intended recipient, you are
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prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all
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postmaster@gtlaw.com.
From: Gildan, Phillip (Shld-WPB-CP)
Sent: Friday, February 02, 2007 2:04 PM
To: Gildan, Phillip (Shld-WPB-CP)
Subject: #599490 v5 - Revisions to Cloud Grove Stewardship District Act
<<Y9X205 .DOC>>
Revised Suggested Revisions to Cloud Grove Stewardship District Act
Revise Section 6, Subsection (7)(b), starting at line 1125, to reflect St. Lucie
County Comprehensive Plan RLSA provisions to read as follows:
(b) Water supply, sewer management, reclamation, and reuse, or any
combination thereof, and any irrigation systems, facilities, and services and to
construct and operate water systems, sewer systems and irrigation systems in,
along, and under any street, alley, highway, or other public place or ways, and to
dispose of any effluent, residue, or other byproduct of such systems, provided
that, within the boundaries of St. Lucie County, water and wastewater utilities
shall be constructed, owned, operated and maintained by St. Lucie County
Utilities or another governmental utility provider per an interlocal agreement with
the County. Per interlocal Agreement with St. Lucie County, the District shall
have the option of designing, permitting, and constructing the water and
wastewater utilities within the District, for the benefit of the County, using
innovative financing vehicles to fund or provide satisfactory reimbursement for
the investment and unreimbursed expenses in design, permits, construction,
infrastructure, impacts and requirements. The water and wastewater utilities
shall be conveyed, pursuant to said Interlocal Agreement, to St. Lucie County
upon receipt of the appropriate operating permits by the District.
Revise Section 6, Subsection (18), starting at line 2114 to read as follows:
(18) Mandatory Use of Certain District Systems, Facilities and Services. -- To
the full extent practicable and permitted by law, the District shall require all lands,
buildings, premises, persons, firms, and corporations within the District to use the
water management and control facilities, water systems, sewer systems and
irrigation systems of the District, provided that, within the boundaries of St. Lucie
County, the District shall require all lands, buildings, premises, person, firms and
corporations to use the water systems, sewer systems and irrigation systems to
be owned and operated by St. Lucie County pursuant to the provisions of
subsection (7)(b), provided that St. Lucie County may grant special exceptions to
such mandatory use.
Revise Section 6, Subsection (20), starting at line 2223, by adding thereto a new
Subparagraph (f) to read as follows:
(f) Notwithstanding the above, the District shall not have the power to prescribe,
fix, establish and collect rates, fees, rentals or other charges for water systems,
sewer systems and irrigation systems within the boundaries of St. Lucie County
that are to be owned and operated by St. Lucie County pursuant to the provisions
of subsection (7)(b), except as may be necessary for the financing vehicles for
such systems pursuant to interlocal agreement with the County as provided in
subsection (7)(b).
LEWIS, LONGMAN & WALKER, P.A.
A T T O R N E Y S A T L A W
Reply To: West Palm Beach
February 8, 2007
Daniel S. McIntyre, Esquire
St. Lucie County VIA EMAIL
2300 Virginia Avenue and U.S. MAIL
Administrative Annex - 3rd Floor
Ft. Pierce, FL 34982
RE: Cloud Grove Special District
Dear Dan:
As a result of discussions with you, I understand that the St. Lucie County Commission (the
"Commission") will soon be considering a landowners request for Commission consent to creation
by the Florida Legislature of the Cloud Grove Special Taxing District (the "District"). You have
asked that I provide you with comments regarding the pros and cons of the creation of such a
district. My comments are:
1. General Description of the District
The District charter, if approved by the County and passed by the Florida Legislature
pursuant to Chapter 189, Florida Statutes, would create an independent special taxing district. The
District will possess essentially all municipal authority possessed by a city or county with the
exceptions of police power and comprehensive planning authority. For example, the District would
be empowered to collect taxes and assessments, sell bonds and otherwise borrow money to
construct and operate roads, bridges, stormwater systems, recreation areas, fire and emergency
rescue services and other municipal activities.
The District would initially be governed by a 5-member board elected on a one -acre,
one -vote basis. The governing board would be comprised of landowners within the District. As the
District became populated, provisions are included pursuant to Chapter 189, Florida Statutes, for
conversion of the governing board to a board elected by electors within the District. That is, the
board would be elected by registered voters who are resident within the District.
Helping Shape Florida's Future
BRADENTON JACKSONVILLE TALLAHASSEE
1001 Third Avenue West 245 Riverside Avenue P,O. Box 10788 (32302)
Suite 670 Suite 150 125 South Gadsden Street, Suite 300
Bradenton, Florida 34205 Jacksonville, Florida 32202 Tallahassee, Florida 32301
p 1 941-708-4040 • f 1 941-708-4024 p 1 904-353-6410 • f 1 904-353-7619 p 1 850-222-5702 • f 1 850-224-9242
WEST PALM BEACH
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, Florida 33401
p 1 561-640-0820 • f 1 561-640-8202
Daniel S. McIntyre, Esquire
St. Lucie County
February 8, 2007
Page 2
2. The District Relationship to St. Lucie County
As noted, the District will be a separate independent government. It will possess its
own independent governing board which will adopt a budget, levy assessments and taxes, sell bonds
based on the assessments and provide municipal infrastructure as needed within the District. These
activities do not affect the County's full faith and credit or its taxing authority. Definitionally, an
independent district's budget and taxes are not counted against the County's 10 mil tax cap or its
borrowing authority so far as issuing bonds.
While the District board may levy the requisite assessments or taxes and sell bonds
to construct municipal infrastructure in accord with a schedule established by the District board, the
District still must comply with all of the County's comprehensive planning and zoning regulations.
Again, pursuant to Chapter 189, Florida Statutes, no special taxing district possesses comprehensive
planning or zoning authority. Additionally, special districts are not exempted from any of the land
development regulations or plans of the appropriate local general purpose government. Therefore,
the Cloud Grove District will have to comply with all of St. Lucie County's land development
regulations.
3. Pros and Cons of District Creation
a. Pros
(1) An independent district would serve as a separate finance entity to
provide municipal infrastructure for County approved development. Hence, the County will have
an additional source of revenue to ensure compliance with state concurrency requirements.
(2) The proposed charter for Cloud Grove is extremely broad. In essence,
the District would be authorized to finance and construct any public infrastructure associated with
new development as specified by St. Lucie County.
(3) The sources of financing for municipal infrastructure within the
District will be separate and independent from St. Lucie County. The levy of assessments or taxes
will not affect the full faith and credit of the County. And, the County would in no way be
implicated in having to guarantee or otherwise be responsible for District financial obligations.
Daniel S. McIntyre, Esquire
St. Lucie County
February 8, 2007
Page 3
(4) The District would become a permanent maintenance entity for new
infrastructure with District boundaries.
(5) St. Lucie County would be insulated from liability or management
responsibilities for District projects.
b. Cons
(1) The District would be a separate independent government. It will
be necessary to coordinate District activities with the County to guarantee no conflict so far as the
financing and phasing of municipal infrastructure in the future.
(2) There is always the potential with the creation of separate
independent governments that disputes regarding the initiation, oversight and management of
infrastructure projects will arise.
(3) There will be ongoing costs to St. Lucie County so far as
coordination between the County activities and those of the District.
(4) Once the District is in place, there is always the potential for
accelerated development. The County will need close oversight of both District and
landowners/developer activities to ensure that development is phased into the District as specified in
the County's comprehensive plans.
Dan, I think the foregoing is a fairly comprehensive overview of the framework proposed
for the District and the pros and cons of consenting to District creation. If you have any questions
on the matter, please let me know.
Sincerely yours,
Terry E. Lewis
TEL/bt
IAClient Documents\SL Lucie County\741-000\Cloud Grove\Corr\Mclntyre Letter re Cloud Grove.doc