CHAPTER 2005-338

House Bill No. 1429

An act relating to Manatee and Sarasota Counties; creating within portions of such counties the ªLakewood Ranch Stewardship District Actº; providing a popular name; providing legislative findings and intent; providing definitions; stating legislative policy regarding cre-ation of the district; establishing compliance with minimum require-ments in s. 189.404(3), F.S., for creation of an independent special district; providing for creation and establishment of the district; establishing the legal boundaries of the district; providing for the jurisdiction and charter of the district; providing for a board of su-pervisors and establishing membership criteria and election proce-dures; 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 con-trol 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, and district budgets and financial reports; providing for the general powers of the district; providing for the special powers of the district to plan, finance, and provide community infrastructure and services within the district; providing that the exercise of the special powers by the district within Manatee and Sarasota Counties is limited until such time as the district enters into an interlocal agreement with the respective county; providing for required notices to purchasers of residential units within the district; providing severability; providing for a ref-erendum; providing an effective date.

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

Section 1. This act may be cited as the ªLakewood Ranch Stewardship District Act.º

Section 2.  Legislative findings and intent; definitions; policy.Ð

(1)	LEGISLATIVE FINDINGS AND INTENT.Ð

(a)	The extensive lands located within both Manatee and Sarasota Coun-ties and covered by this act contain many opportunities for thoughtful, comprehensive, environmentally responsible, and consistent development over a long period.

(b)	There is a particular special need to use a specialized and limited single-purpose independent special district unit of local government for the Lakewood Ranch lands located within Sarasota and Manatee Counties and covered by this act to prevent urban sprawl by providing sustaining and freestanding infrastructure and by preventing needless and counterproduc-tive community development when the existing urban area is not yet devel-oped, and to prevent the needless duplication, fragmentation, and prolifera-tion of local government services in a proposed land use area.

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(c)	Management of conservation, environmental, agricultural, and eco-nomic challenges and opportunities in the Lakewood Ranch area transcends the boundaries and responsibilities of both private landowners and individ-ual units of government.

(d)	There is a considerably long period of time during which there is an inordinate burden on the initial landowners of these Lakewood Ranch 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 viabil-ity, and related factors.

(e)	While chapter 190, Florida Statutes, provides an opportunity for com-munity development services and facilities to be provided by the establish-ment of community development districts in a manner that furthers the public interest, current general law prohibits the establishment of a commu-nity development district transcending county boundaries. Given the vast nature 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, Florida Statutes. Instead, it is in the public interest that the long-range provision for, and management, financing, and long-term maintenance, upkeep, and operation of, services and facilities to be provided for ultimate development of the lands covered by this act be under one coordinated entity.

(f)	Longer involvement of the initial landowner with regard to the provi-sion of systems, facilities, and services for the Lakewood Ranch lands, cou-pled with a severely limited and highly specialized single purpose of the District is in the public interest.

(g)	Any public or private system to provide infrastructure improvements, systems, facilities, and services to these lands must be focused on an unfet-tered, highly specialized, innovative, responsive, and accountable mecha-nism to provide the components of infrastructure at sustained levels of high quality over the long term only when and as needed for such a unique community in such a unique area.

(h)	There is a need to coincide 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.

(i)	The existence and use of such a limited specialized single purpose local government for the Lakewood Ranch lands, subject to the respective county comprehensive plans, will: result in a high propensity to provide for orderly development and prevent urban sprawl; protect and preserve envi-ronmental, conservation, and agricultural uses and assets; enhance the market value for both present and future landowners of the property consist-ent with the need to protect private property; enhance the net economic benefit to the Sarasota and Manatee Counties area, including an enhanced

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and well-maintained tax base to the benefit of all present and future taxpay-ers in Sarasota and Manatee Counties; and result in the sharing of costs of providing certain systems, facilities, and services in an innovative, sequen-tial, and flexible manner within the developing area to be serviced by the District.

(j)	The creation and establishment of the District will encourage local government financial self-sufficiency in providing public facilities and in identifying and implementing physically sound, innovative, and cost-effective techniques to provide and finance public facilities while encourag-ing development, use, and coordination of capital improvement plans by all levels of government, pursuant to chapter 187, Florida Statutes.

(k)	The creation and establishment of the District will encourage and enhance cooperation among communities that have unique assets, irrespec-tive of political boundaries, to bring the private and public sectors together for establishing an orderly and environmentally and economically sound plan for current and future needs and growth.

(l)	The creation and establishment of the District is a legitimate alterna-tive method available to manage, own, operate, construct, and finance capi-tal infrastructure systems, facilities, and services.

(m)	In order to be responsive to the critical timing required through the exercise of its special management functions, an independent district re-quires financing of those functions, including bondable lienable and nonlien-able revenue, with full and continuing public disclosure and accountability, funded by landowners, both present and future, 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, Sarasota County, Manatee County, or any municipality therein.

(n)	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 develop-ment order within the meaning of chapter 380, Florida Statutes; and all applicable planning and permitting laws, rules, regulations, and policies of Sarasota and Manatee Counties control the development of the land to be serviced by the District.

(o)	The creation by this act of the Lakewood Ranch Stewardship District is not inconsistent with either the Sarasota County or the Manatee County comprehensive plan.

(p)	It is the legislative intent and purpose that no debt or obligation of the District constitute a burden on any local general-purpose government without its consent.

(2)	DEFINITIONS.ÐAs used in this act:

(a) ªAd valorem bondsº means bonds which are payable from the pro-ceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds.

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(b)	ªAssessable improvementsº means, without limitation, any and all public improvements and community facilities that the District is empow-ered to provide in accordance with this act that provide a special benefit to property within the District.

(c)	ªAssessment bondsº means special obligations of the District which are payable solely from proceeds of the special assessments or benefit special assessments levied for assessable improvements, provided that, in lieu of issuing assessment bonds to fund the costs of assessable improvements, the District may issue revenue bonds for such purposes payable from special assessments.

(d)	ªAssessmentsº means those nonmillage District assessments which include special assessments, benefit special assessments, and maintenance special assessments and a nonmillage, non-ad valorem maintenance tax if authorized by general law.

(e)	ªLakewood Ranch Stewardship Districtº means the unit of special and single purpose local government created and chartered by this act, including the creation of its charter, and limited to the performance, in implementing its single purpose, of those general and special powers authorized by its charter under this act, the boundaries of which are set forth by the act, the governing head of which is created and authorized to operate with legal existence by this act, and the purpose of which is as set forth in this act.

(f)	ªBenefit special assessmentsº are District assessments imposed, lev-ied, and collected pursuant to the provisions of section 6(12)(b).

(g)	ªBoard of Supervisorsº or ªboardº 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)	ªBondº includes ªcertificate,º and the provisions that are applicable to bonds are equally applicable to certificates. The term ªbondº 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)	ªCostº or ªcosts,º when used with reference to any project, includes, but is not limited to:

1. The expenses of determining the feasibility or practicability of acquisi-tion, 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.

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

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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 bor-rowed prior to and during construction and acquisition and for such reason-able 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 adver-tisements 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 acquisi-tion, construction, or reconstruction of any project, or to the financing thereof, or to the development of any lands within the District.

16. Payments, contributions, dedications, and any other exactions re-quired as a condition of receiving any governmental approval or permit necessary to accomplish any District purpose.

(j)	ªDistrictº means the Lakewood Ranch Stewardship District.

(k)	ªDistrict managerº means the manager of the District.

(l)	ªDistrict roadsº means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds.

(m)	ªGeneral obligation bondsº means bonds which are secured by, or provide for their payment by, the pledge of the full faith and credit and taxing power of the District, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, and for payment of which recourse may be had against the general fund of the District.

(n)	ªGoverning board memberº means any member of the Board of Super-

	visors.

(o)	ªLand development regulationsº means those regulations of general purpose local government, adopted under the Florida Local Government Comprehensive Planning and Land Development Regulation Act, codified as part II of chapter 163, Florida Statutes, to which the District is subject and

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as to which the District may not do anything that is inconsistent. Land development regulations shall not mean specific management, engineering, planning, and other criteria and standards needed in the daily management, implementation, and provision by the District of systems, facilities, services, works, improvements, projects, or infrastructure, including design criteria and standards, so long as they remain subject to and are not inconsistent with the applicable land development regulations.

(p)	ªLandownerº means the owner of a freehold estate as it appears on the deed record, including a trustee, a private corporation, and an owner of a condominium unit. ªLandownerº does not include a reversioner, re-mainderman, mortgagee, or any governmental entity, who shall not be counted and need not be notified of proceedings under this act. ªLandownerº also means the owner of a ground lease from a governmental entity, which leasehold interest has a remaining term, excluding all renewal options, in excess of 50 years.

(q)	ªGeneral-purpose local governmentº means a county, municipality, or consolidated city-county government.

(r)	ªMaintenance special assessmentsº are assessments imposed, levied, and collected pursuant to the provisions of section 6(12)(d).

(s)	ªNon-ad valorem assessmentº means only those assessments which are not based upon millage and which can become a lien against a home-stead as permitted in s. 4, Art. X of the State Constitution.

(t)	ªPowersº means powers used and exercised by the Board of Supervi-sors to accomplish the single, limited, and special purpose of the District, including:

1. ªGeneral powers,º which means those organizational and administra-tive powers of the District as provided in its charter in order to carry out its single special purpose as a local government public corporate body politic.

2. ªSpecial powers,º which means those powers enumerated by the Dis-trict charter to implement its specialized systems, facilities, services, proj-ects, improvements, and infrastructure and related functions in order to carry out its single specialized purpose.

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

(u)	ªProjectº means any development, improvement, property, power, utility, facility, enterprise, service, system, works, or infrastructure now existing or hereafter undertaken or established under the provisions of this act.

(v)	ªQualified electorº means any person at least 18 years of age who is a citizen of the United States and a legal resident of the state and of the District and who registers to vote with the Supervisor of Elections in either Manatee County or Sarasota County and resides in either Manatee County or Sarasota County.

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(w)	ªRefunding bondsº means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. Re-funding bonds shall be issuable and payable in the same manner as refi-nanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution.

(x)	ªRevenue bondsº means obligations of the District that are payable from revenues, including, but not limited to, special assessments and benefit special assessments, derived from sources other than ad valorem taxes on real or tangible personal property and that do not pledge the property, credit, or general tax revenue of the District.

(y)	ªSewer systemº means any plant, system, facility, or property, and additions, extensions, and improvements thereto at any future time con-structed or acquired as part thereof, useful or necessary or having the pres-ent capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, but not limited to, industrial wastes resulting from any process of industry, manufacture, trade, or busi-ness or from the development of any natural resource. Sewer system also includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all neces-sary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected therewith; and all real and personal property and any interest therein, and rights, easements, and franchises of any nature relating to any such system and necessary or convenient for operation thereof.

(z)	ªSpecial assessmentsº shall mean assessments as imposed, levied, and collected by the District for the costs of assessable improvements pursu-ant to the provisions of this act, chapter 170, Florida Statutes, and the additional authority under section 197.3631, Florida Statutes, or other pro-visions of general law, now or hereinafter enacted, which provide or autho-rize a supplemental means to impose, levy, or collect special assessments.

(aa) ªTaxesº or ªtaxº means those levies and impositions of the Board of Supervisors that support and pay for government and the administration of law and that may be:

1. Ad valorem or property taxes based upon both the appraised value of property and millage, at a rate uniform within the jurisdiction; or

2. If and when authorized by general law, non-ad valorem maintenance taxes not based on millage that are used to maintain District systems, facilities, and services.

(bb) ªWater systemº means any plant, system, facility, or property, and any addition, extension, or improvement thereto at any future time con-structed or acquired as a part thereof, useful, necessary, or having the present capacity for future use in connection with the development of sources, treatment, purification, or distribution of water. ªWater systemº also includes dams, reservoirs, storage tanks, mains, lines, valves, pumping stations, laterals, and pipes for the purpose of carrying water to the prem-ises connected with such system, and all rights, easements, and franchises

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of any nature relating to any such system and necessary or convenient for the operation thereof.

(3) POLICY.ÐBased upon its findings, ascertainments, determinations, intent, purpose, and definitions, the Legislature states its policy expressly:

(a)	The District and the District charter, with its general and special powers, as created in this act, are essential and the best alternative for the residential, commercial, and other community uses, projects, or functions in the included portions of Sarasota and Manatee Counties consistent with the effective comprehensive plans and designed to serve a lawful public purpose.

(b)	The District, which is a local government and a political subdivision, is limited to its special purpose as expressed in this act, with the power to provide, plan, implement, construct, maintain, and finance as a local govern-ment management entity its systems, facilities, services, improvements, infrastructure, and projects and possessing financing powers to fund its management power over the long term and with sustained levels of high quality.

(c)	The creation of the Lakewood Ranch Stewardship District by and pursuant to this act, and its exercise of its management and related financ-ing powers to implement its limited, single, and special purpose, is not a development order and does not trigger or invoke any provision within the meaning of chapter 380, Florida Statutes, and all applicable governmental planning, environmental, and land development laws, regulations, rules, policies, and ordinances apply to all development of the land within the jurisdiction of the District as created by this act.

(d)	The District shall operate and function subject to, and not inconsis-tent with, the applicable comprehensive plans of either Manatee County or Sarasota County and any applicable development orders, zoning regula-tions, and other land development regulations.

(e)	The special and single purpose Lakewood Ranch Stewardship District shall not have the power of a general-purpose local government to adopt a comprehensive plan or related land development regulation as those terms are defined in the Florida Local Government Comprehensive Planning and Land Development Regulation Act.

(f)	This act may be amended, in whole or in part, only by special act of the Legislature. No amendment to this act that alters the District bounda-ries or the general or special powers of the District may be considered by the Legislature unless it is accompanied by a resolution or official statement as provided for in section 189.404(2)(e)4., Florida Statutes. However, if an amendment alters the District boundaries in only one county, or affects the District's special powers in only one county, it shall be necessary to secure the resolution or statement from only the affected county.

Section 3. Minimum charter requirements; creation and establishment; jurisdiction; construction; charter with legal description.Ð

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(1) Pursuant to section 189.404(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:

(a)	The purpose of the District is stated in the act in subsection (4) and in section 2(3).

(b)	The powers, functions, and duties of the District regarding ad va-lorem 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 contrac-tual agreements are set forth in section 6.

(c)	The provisions for methods for establishing the District are in this section.

(d)	The methods for amending the charter of the District are set forth in section 2.

(e)	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 mem-ber are in section 5.

(g)	The provisions regarding the administrative duties of the governing board are found in sections 5 and 6.

(h)	The provisions applicable to financial disclosure, noticing, and report-ing requirements generally are set forth in sections 5 and 6.

(i)	The provisions regarding procedures and requirements for issuing bonds are set forth in section 6.

(j)	The provisions regarding elections or referenda and the qualifications of an elector of the District are in sections 2 and 5.

(k)	The provisions regarding methods for financing the District are gen-erally in section 6.

(l)	Other than taxes levied for the payment of bonds and taxes levied for periods not longer than 2 years when authorized by vote of the electors of the District, the provisions for the authority to levy ad valorem tax and the authorized millage rate are in section 6.

(m)	The provisions for the method or methods of collecting non-ad va-lorem assessments, fees, or service charges are in section 6.

(n)	The provisions for planning requirements are in this section and section 6.

(o)	The provisions for geographic boundary limitations of the District are set forth in sections 4 and 6.

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(2)	The Lakewood Ranch Stewardship District, which also may be re-ferred to as the ªStewardship District,º ªLakewood Ranch District,º or ªDis-trict,º is created and incorporated as a public body corporate and politic, an independent, limited, special purpose local government, an independent special district, under section 189.404, Florida Statutes, as amended from time to time, and as defined in this act and in section 189.403(3), Florida Statutes, as amended from time to time, in and for portions of Manatee and Sarasota Counties. Any amendments to chapter 190, Florida Statutes, after January 1, 2005, granting additional general powers, special powers, au-thorities, or projects to a community development district by amendment to its uniform charter, sections 190.006-190.041, Florida Statutes, shall consti-tute a general power, special power, authority, or function of the Lakewood Ranch Stewardship District; provided, however, that the exercise of any of such additional powers within Manatee County or Sarasota County shall be subject to the requirement that the district execute or amend an interlocal agreement with Manatee County or Sarasota County, respectively, consent-ing to the exercise of any of such additional powers as provided elsewhere in this act. All notices for the enactment by the Legislature of this special act have been provided pursuant to the State Constitution, the laws of Florida, and the Rules of the Florida House of Representatives and of the Florida Senate. 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.

(3)	The territorial boundary of the District shall embrace and include all of that certain real property described legally in section 4.

(4)	The jurisdiction of this District, in the exercise of its general and special powers, and in the carrying out of its special purposes, is both within the external boundaries of the legal description of this District and extrater-ritorially when limited to, and as authorized expressly elsewhere in, the charter of the District as created in this act or applicable general law. This special purpose District is created as a public body corporate and politic, and local government authority and power is limited by its charter, this act, and subject to the provisions of other general laws, including chapter 189, Flor-ida Statutes, except that an inconsistent provision in this act shall control and the District has jurisdiction to perform such acts and exercise such authorities, functions, and powers as shall be necessary, convenient, inci-dental, proper, or reasonable for the implementation of its limited, single, and specialized purpose regarding the sound planning, provision, acquisi-tion, development, operation, maintenance, and related financing of those public systems, facilities, services, improvements, projects, and infrastruc-ture works as authorized herein, including those necessary and incidental thereto. The District shall exercise any of its powers extraterritorially within Manatee County only upon execution of an interlocal agreement between the District and Manatee County consenting to the District's exer-cise of any of such powers within Manatee County. The District shall exer-cise any of its powers extraterritorially within Sarasota County only upon execution of an interlocal agreement between the district and Sarasota County consenting to the District's exercise of any of such powers within Sarasota County.

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(5) The exclusive charter of the ªLakewood Ranch Stewardship Districtº is this act and, except as otherwise provided in subsection (2) of this section, may be amended only by special act of the Legislature.

Section 4. Legal description of the Lakewood Ranch Stewardship Dis-trict.Ð

LEGAL DESCRIPTION. The metes and bounds legal description of the District, within which there are no parcels of property owned by those who do not wish their property to be included within the District, is as follows:

Section 29, Township 34 South, Range 19 East:

That portion of Section 29, lying south of the right-of-way of State Road 64 and east of the record plat of Lakewood Ranch Commerce Park, Block C, recorded in Plat Book 38, Page 160 through 163 of the Public Records of Manatee County, Florida;

Section 31, Township 34 South, Range 19 East:

That portion of the southeast quarter of Section 31, lying east of Lake-wood Ranch Boulevard, a 120-foot wide Public Right-of-Way, as recorded in Official Record Book 1429, Page 3703 Public Records of Manatee County, Florida; also that portion of the southeast quarter of said Section 31, lying west of said Lakewood Ranch Boulevard, south of Lakewood Ranch Commerce Park, Block B, recorded in Plat Book 36, Pages 71 through 77 of said Public Records and east of the east line of the ªMana-tee County Landfillº as described in Special Warranty Deed to Manatee County, recorded in Official Record Book 1166, Page 3590, Public Rec-ords of Manatee County, Florida;

Section 32, Township 34 South, Range 19 East:

That portion of the west half of Section 32, lying east of Lakewood Ranch Boulevard, a 120-foot wide Public Right-of-Way, as recorded in Official Record Book 1429, Page 3703 of said Public Records, less and except the record plat of Lakewood Ranch Commerce Park, Block C, recorded in Plat Book 38, Page 160 through 163 of said Public Records, also less and except premises described in Special Warranty Deed to Lakewood Flex Properties Phase II, Inc, recorded in Official Record Book 1934, Page 5505 Public Records of Manatee County, Florida;

Also:

The west half of the southeast quarter of said Section 32;

Also:

The southeast quarter of the southeast quarter of said Section 32, less and except premises described in Special warranty Deed to Ashton Asso-ciates of Sarasota, L.L.C., recorded in Official Record Book 1888, Page 7567 Public Records of Manatee County, Florida;

Also:

The northwest quarter of the northeast quarter lying south of State Road 64, less and except the east 100-feet described in Warranty Deed to John

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D. Taylor and Beverly J. Taylor, recorded in Official Record Book 1331, Page 0041 Public Records of Manatee County, Florida;

Also:

That portion of the southwest quarter of the northeast quarter being more particularly described as follows:

Begin at the northwest corner of the southwest quarter of the northeast quarter of said Section 32; thence east, 466.8 feet along north side of said 40 acre tract; thence south, 466.8 feet; thence west, 466.8 feet to west line of 40 acre tract; thence north, 466.8 feet to the POINT OF BEGINNING;

Also:

That part of the southwest quarter of the northeast quarter of Section 32, Township 34 South, Range 19 East, described as follows: Commence at a concrete monument found marking the southwest corner of the southwest quarter of the northeast quarter of Section 32, Township 34 South, Range 19 East, as occupied by John D. Taylor & being the south-west corner of that certain parcel of land as described in Official Record Book 656 Page 103 of the Public Records of Manatee County, Florida, for a POINT OF BEGINNING; thence S.89°35′55″E., along the south line of said southeast quarter of northeast quarter, 290.77 feet; thence N. 00° 42′ 08″E., parallel with the west line of said southwest quarter of north-east quarter, 299.62 feet; thence N. 89°35′55″W. along the northerly line of said land described in Official Record Book 656 Page 103, a distance of 290.77 feet to the intersection with the west line of said southwest quarter of the northeast quarter; thence S.00°42′″08W., along the west line of said southwest quarter of the northeast quarter, a distance of 299.62 feet to the POINT OF BEGINNING, being & lying in the south-west quarter of the northeast quarter of Section 32, township 34 South, Range 19 East, Manatee County, Florida;

Section 33, Township 34 South, Range 19 East:

The east half, the northeast quarter of the northwest quarter, the north-west quarter of the northwest quarter, the southeast quarter of the northwest quarter, and the southwest quarter of the southwest quarter of Section 33, Township 34 South, Range 19 East,

Less:

Road right-of-way for State Road 64 and less that part of the above described property, lying north and east of said State Road 64 as de-scribed in Official Record Book 1095, Page 256;

Less:

Road right-of-way for Pope Road;

Less:

Premises described in Special Warranty Deed to Roy F. Green, recorded in Official Record Book 1752, Page 4576;

Less:

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Premises described in Special Warranty Deed to Triko Enterprises, Inc, recorded in Official Record Book 1407, Page 3313 and Official Record Book 1752, Page 2251;

Less:

Premises described in Special Warranty Deed to Peoples Gas System, recorded in Official Record Book 1576, Page 4158;

Section 35, Township 34 South, Range 19 East:

The south half of the northeast quarter, and the east half of the south-east quarter of Section 35, Township 34 South, Range 19 East;

Less:

Road right-of-way for State Road 64

Section 36, Township 34 South, Range 19 East:

The west half of the northeast quarter, the southeast quarter of the northeast quarter, the east half of the northwest quarter, and the south half of Section 36, Township 34 South, Range 19 East;

Less:

Road right-of-way for State Road 64

Section 1, Township 35 South, Range 19 East:

All of Section 1, Township 35 South, Range 19 East;

Less:

Road right-of-way for State Road 64

Section 2, Township 35 South, Range 19 East:

All of Section 2, Township 35 South, Range 19 East;

Less:

The northwest quarter of the northeast quarter, the north half of the northwest quarter, and road right-of-way for State Road 64;

Section 3, Township 35 South, Range 19 East:

The south half of the north half, the southeast quarter of the southwest quarter, and the southeast quarter of Section 3, Township 35 South, Range 19 East;

Less:

Road right-of-way for Lorraine Road

Section 4, Township 35 South, Range 19 East:

The northwest quarter of the northeast quarter, the south-half of the northeast quarter, the east half of the northeast quarter of the northwest quarter, the southeast quarter of the northwest quarter, the south-half of the southwest quarter of the northwest quarter, the north-half of the south-half, the southeast quarter of the southwest quarter, and the south

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half of the southeast quarter of Section 4, Township 35 South, Range 19 East;

Less:

Premises described in Special Warranty Deed to Ellenton Fruit Com-pany, recorded in Official Record Book 1472, Page 4620

Less:

Road right-of-way for Pope Road, recorded in Road Plat Book 8, Pages 138 through 152

Section 5, Township 35 South, Range 19 East:

All of Section 5, Township 35 South, Range 19 East;

Less:

Right-of-way for Lakewood Ranch Boulevard, as recorded in Official Record Book 1429, Page 3703 Public Records of Manatee County, Flor-ida;

Less:

A portion of premises described in Warranty Deed to the County of Manatee, recorded in Official Record Book 1540, Page 7900 of said Public Records

Less:

Road right-of-way for Pope Road, recorded in Road Plat Book 8, Pages 138 through 152

Section 6, Township 35 South, Range 19 East:

That portion of Section 6, Township 35 South, Range 19 East, lying easterly of east line of the ªManatee County Landfillº, as described in Special Warranty Deed to Manatee County, recorded in Official Record Book 1166, Page 3590, Public Records of Manatee County, Florida;

Less:

Right-of-way for Lakewood Ranch Boulevard, as recorded in Official Record Book 1429, Page 3703 Public Records of Manatee County, Flor-ida;

Less:

A portion of premises described in Warranty Deed to the County of Manatee, recorded in Official Record Book 1540, Page 7900 of said Public Records

Section 7, Township 35 South, Range 19 East:

That portion of Section 7, Township 35 South, Range 19 East, lying easterly of the easterly right-of-way line of Lakewood Ranch Boulevard, as recorded in Official Record Book 1429, Page 3703 Public Records of Manatee County, Florida;

Also:

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That portion of Section 7, Township 35 South, Range 19 East, lying southerly of the ªManatee County Landfillº, as described in Special War-ranty Deed to Manatee County, recorded in Official Record Book 1166, Page 3590, of said Public Records and northerly of the southerly line of the proposed 44th Avenue, said 44th Avenue being more particularly described as follows:

LEGAL DESCRIPTION OF PROPOSED 44 AVENUE RIGHT-OF-WAY (as prepared by the certifying Surveyor and Mapper):

A tract lying in Sections 7 and 8, Township 35 South, Range 19 East, Manatee County, Florida and described as follows:

Commence at the southwest corner of the North 1/2 of Section 17, Town-ship 35 South, Range 19 East, also being the Southeast corner of the North 1/2 of Section 18, Township 35 South, Range 19 East; thence S.89°34′40″E., along the South line of the North 1/2 of said Section 17, a distance of 187.55 feet to the intersection with the Westerly Right-of-way of Lakewood Ranch Boulevard (formerly Upper Manatee River Road Extension), a 120-foot wide public right-of-way as recorded in Official Record Book 1429, Page 3703 of the Public Records of Manatee County,

Florida, said point being on the arc of a curve to the right, whose radius point lies N.63°58′46″E., a radial distance of 2310.00 feet; thence run northwesterly, along said westerly right-of-way for the following five calls; thence along the arc of said curve, through a central angle of 23°42′37″, a distance of 955.93 feet to the point of tangency of said curve; thence N.02°18′37″W., a distance of 1736.20 feet to the intersection with the common section line to Sections 7 and 18, Township 35 South, Range 19 East, said point lying N.88°45′31″W., 141.64 feet from the section corner common to said Sections 7 and 18; thence continue N.02°18′37″W., a distance of 339.27 feet to the point of curvature of a curve to the right, having a radius of 4060.00 feet and a central angle of 06°59′18″; thence run Northerly along the arc of said curve, a distance of 495.20 feet to the point of tangency of said curve; thence N.04°40′41″E., a distance of 2,624.25 feet to the point of curvature of a curve to the left having a radius of 1,940.00 feet and a central angle of 26°40′32″; thence northerly along the arc of said curve, an arc length of 903.21 feet to the POINT OF BEGINNING; thence S.68°00′09″W., a distance of 15.00 feet to a point on a curve to the left, of which the radius point lies S.68°00′09′W., a radial distance of 50.00 feet; thence north-westerly along the arc of said curve, through a central angle of 83°34′33″, an arc length of 72.93 feet to the point of tangency of said curve; thence S.74°25′37″W., a distance of 54.55 feet to the point of curvature of a curve to the right having a radius of 2,952.50 feet and a central angle of 12°46′49″; thence westerly along the arc of said curve, an arc length of 658.58 feet to the end of said curve; thence N.02°47′34″W., along a line radial to the last described curve, a distance of 12.50 feet to the point of curvature of a non-tangent curve to the right, of which the radius point lies N.02°47′34″W., a radial distance of 2,940.00 feet; thence westerly along the arc of said curve, through a central angle of 24°02′05″, an arc length of 1,233.29 feet to the point of reverse curvature of a curve to the left having a radius of 2,790.00 feet and a central angle of 31°26′50″; thence westerly along the arc of said curve, a distance of 1,531.31 feet

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to the point of reverse curvature of a curve to the right having a radius of 2,940.00 feet and a central angle of 15°52′03″; thence westerly along the arc of said curve, a distance of 814.20 feet to the northerly line of a 50-foot wide gas line easement as recorded in Official Record Book 27, Page 220 and Official Record Book 396, Page 91 said public records; thence N.59°42′53″E., along said northerly line, a distance of 270.14 feet to the point of curvature of a non-tangent curve to the left, of which the radius point lies N.01°10′01″E., a radial distance of 2,790.00 feet; thence easterly along the arc of said curve, through a central angle of 11°22′19″, an arc length of 553.75 feet to the point of reverse curvature of a curve to the right having a radius of 2,940.00 feet and a central angle of 31°26′50″; thence easterly along the arc of said curve, a distance of 1,613.64 feet to the point of reverse curvature of a curve to the left having a radius of 2,790.00 feet and a central angle of 24°02′05″; thence easterly along the arc of said curve, a distance of 1,170.37 feet to the end of said curve; thence N.02°47′34″W., a distance of 12.50 feet to the point of curvature of a non-tangent curve to the left, of which the radius point lies N.02°47′34″W., a radial distance of 2,777.50 feet; thence easterly along the arc of said curve, through a central angle of 12°46′49″, an arc length of 619.55 feet to the point of tangency of said curve; thence N.74°25′37″E., a distance of 12.28 feet to the point of curvature of a curve to the left having a radius of 50.00 feet and a central angle of 55°27′02″; thence northeasterly along the arc of said curve, an arc length of 48.39 feet to a point on the south line of Manatee County Pond Site Number 5, as recorded in Official Record Book 1528, Page 7481 said public rec-ords; thence S.87°35′31″E., along a line non-tangent to the last described curve, being the south line of said Pond Site Number 5, a distance of 30.72 feet to the westerly right-of-way line of the aforementioned Lake-wood Ranch Boulevard and the point of curvature of a non-tangent curve to the left, of which the radius point lies N.66°15′14″E., a radial distance of 1,560.00 feet; the following 2 calls are along said westerly right-of-way line; thence southeasterly along the arc of said curve, through a central angle of 02°50′31″, an arc length of 77.38 feet to the point of reverse curvature of a curve to the right having a radius of 1,940.00 feet and a central angle of 04°35′26″; thence southeasterly along the arc of said curve, a distance of 155.44 feet to the POINT OF BEGINNING.

Said tract contains 650,151 square feet or 14.9254 acres, more or less.

Also:

A tract of land lying in Sections 7 and 8, Township 35 South, Range 19 East, Manatee County, Florida and described as follows:

Commence at the Southeast corner of Section 7, Township 35 South, Range 19 East; thence S.89°34′35″E., a distance of 4,650.84 feet; thence N.00°25′25″E., a distance of 1,889.17 feet; thence S82°55′49″W, 912.79 feet to a point of curvature; Thence 1,287.78 feet along the arc of said curve to the left through a central angle of 34°25′49″, said curve having a radius of 2,143.00 feet and being subtended by a chord which bears S65°42′55″W, 1,268.49 feet to a point of reverse curvature; Thence 1,575.57 feet along the arc of a curve to the right through a central angle of 44°37′25″, said curve having a radius of 2,023.00 feet and being sub-tended by a chord which bears S70°48′42″W, 1,536.04 feet to the point

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of tangency of said curve; Thence N86°52′35″W, 1,131.57 feet to a point of curvature; Thence 79.90 feet along the arc of said curve to the right through a central angle of 91°33′16″, said curve having a radius of 50.00 feet and being subtended by a chord which bears N41°05′57″W, 71.66 feet to the point of tangency of said curve; said point being a point on the east line of Lakewood Ranch Boulevard as recorded in Official Record Book 1443, Page 4980 of the Public Records of Manatee County, Florida; thence along said east line of Lakewood Ranch Boulevard, N04°40′41″E, 1649.57 feet; Thence N85°19′19″W, 120.00 feet to an intersection with the west line of said Lakewood Ranch Boulevard and the POINT OF BEGINNING; Thence S86°50′17″ W, 227.27 feet; Thence S40°02′37″W, 121.13 feet; Thence S28°36′43″W, 108.34 feet; Thence S43°57′34″W, 79.62 feet; Thence S56°46′06″W, 71.21 feet; Thence N22°59′39″W, 32.80 feet; Thence S59°56′00″W, 91.50 feet; Thence S54°50′36″W, 42.43 feet; Thence S21°03′16″W, 42.67 feet; Thence S64°33′59″W, 57.70 feet; Thence S78°35′00″W, 52.83 feet; Thence S26°29′07″W, 28.22 feet; Thence S72°42′09″W, 41.01 feet; Thence N88°04′14″W, 58.26 feet; Thence N63°20′21″W, 61.49 feet; Thence N77°09′41″W, 34.90 feet; Thence N87°11′33″W, 50.79 feet; Thence N88°21′13″W, 70.97 feet; Thence N59°06′15″W, 54.56 feet; Thence S87°08′17″W, 75.46 feet; Thence N27°44′24″E, 782.09 feet; Thence N08°14′34″E, 859.88 feet; Thence N04°53′06″W, 605.45 feet to a point on the arc of a curve; Thence 552.19 feet along the arc of said curve to the left through a central angle of 10°42′56″, said curve having a radius of 2,952.50 feet and being sub-tended by a chord which bears N79°47′05″E, 551.38 feet to the point of tangency of said curve; Thence N74°25′37″E, 69.64 feet to a point of curvature; Thence 72.98 feet along the arc of said curve to the right through a central angle of 83°37′55″, said curve having a radius of 50.00 feet and being subtended by a chord which bears S63°45′26″E, 66.67 feet to a point of compound curvature; Thence 901.48 feet along the arc of said curve to the right through a central angle of 26°37′27″, said curve having a radius of 1,940.00 feet and being subtended by a chord which bears S08°38′03″E, 893.39 feet; Thence S04°40′41″W, 970.22 feet to the POINT OF BEGINNING.

Containing 39.281 acres, more or less.

Less:

Right-of-way for Lakewood Ranch Boulevard, as recorded in Official Record Book 1429, Page 3703 Public Records of Manatee County, Flor-ida;

Less:

A portion of premises described in Warranty Deed to the County of Manatee, recorded in Official Record Book 1528, Page 7481 and Correc-tive Warranty Deed recorded in Official Record Book 1540, Page 7918 Public Records of Manatee County, Florida;

Section 8, Township 35 South, Range 19 East:

All of Section 8, Township 35 South, Range 19 East;

Less:

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Right-of-way for Lakewood Ranch Boulevard, as recorded in Official Record Book 1429, Page 3703 Public Records of Manatee County, Flor-ida;

Less:

A portion of premises described in Warranty Deed to the County of Manatee, recorded in Official Record Book 1528, Page 7481 and Correc-tive Warranty Deed recorded in Official Record Book 1540, Page 7918 Public Records of Manatee County, Florida;

Section 9, Township 35 South, Range 19 East:

All of Section 9, Township 35 South, Range 19 East;

Section 10, Township 35 South, Range 19 East:

The north half and the southeast quarter of Section 10, Township 35 South, Range 19 East;

Less:

Road right-of-way for Lorraine Road;

Section 11, Township 35 South, Range 19 East:

All of Section 11, Township 35 South, Range 19 East;

Section 12, Township 35 South, Range 19 East:

All of Section 12, Township 35 South, Range 19 East;

Section 13, Township 35 South, Range 19 East:

All of Section 13, Township 35 South, Range 19 East;

Section 14, Township 35 South, Range 19 East:

All of Section 14, Township 35 South, Range 19 East;

Section 15, Township 35 South, Range 19 East:

The east-half, the Southwest quarter of the northwest quarter, the southeast quarter of the southwest quarter, and the northeast quarter of the southwest quarter of Section 15, Township 35 South, Range 19 East;

Less:

Road right-of-way for Lorraine Road and State Road 70;

Less:

The northeast quarter of the southwest quarter of the northwest quarter of Section 15, Township 35 South, Range 19 East;

Less:

The east 66 feet of the northwest quarter of the southwest quarter of the northwest quarter of Section 15, Township 35 South, Range 19 East, described in Warranty Deed to Clive and Judith Morris, recorded in Official Record Book 1574, Page 2146;

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Less:

Premises described in Special Warranty Deed to Peace River Electric Cooperative, Inc. described in Official Record Book 1542, Page 5178;

Less:

Premises described in Special Warranty Deed to Peace River Electric Cooperative, Inc. described in Official Record Book 1747, Page 6675;

Less:

That part included in the plat of Crawley Substation Roadway, recorded in Plat Book 43, Pages 84 and 85 Public Records of Manatee County, Florida;

Less:

Fire House Site

COMMENCE at a concrete monument found marking the occupied northwest corner of the southwest 1/4 of Section 15, Township 35 South, Ranch 19 East; thence S89°31′12″E, along the occupied north line of said southwest 1/4, a distance of 1343.23 ft. to the intersection with the west line of the northeast 1/4 of said southwest 1/4; thence S00°04′29″E, along said west line, a distance of 1281.86 ft., thence S87°56′19″E, a distance of 1049.55 ft. for a POINT OF BEGINNING, said point lying on the northerly right-of-way of 59th Avenue East, a 100 ft. wide public right-of-way as shown on ªCrawley Substation Roadwayº, a roadway plat as recorded in Plat Book 43, Pages 84 and 85, Public Records of Manatee County, Florida; thence continue S87°56′19″E, along said northerly right-of-way, a distance of 398.37 ft. to the intersection with the westerly line of that certain parcel of land as described and recorded in Official Records Book 1542, Page 5178, said Public Records; thence N00°25′16″W, along said westerly line, a distance of 547.23 ft.; thence N87°56′19″W, 398.37 ft.; thence S00°25′16″E, a distance of 547.23 ft. to the POINT OF BEGINNING, being and lying in Section 15, Township 35 South, Range 19 East, Manatee County, Florida.

Containing 5.00 acres, more or less.

Section 16, Township 35 South, Range 19 East:

All of Section 16, Township 35 South, Range 19 East;

Less:

Road right-of-way for State Road 70;

Less:

Road right-of-way for Pope Road

Less:

Premises described in Warranty Deed to the State of Florida Department of Transportation, recorded in Official Record Book 1915, Page 5768 Public Records of Manatee County, Florida;

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Less:

Premises described in Warranty Deed to Covered Bridge Holdings III, LLC, recorded in Official Record Book 1970, Page 707 Public Records of Manatee County, Florida;

Less:

Premises described in Warranty Deed to the Diocese of Venice, recorded in Official Record Book 1451, Page 964, less premises conveyed to SMR 70, North 70, LLC, in Special Warranty Deed, recorded in Official Record Book 1928, Page 3315;

Less:

Premises described in Special Warranty Deed to the Diocese of Venice, recorded in Official Record Book 1928, Page 3321 Public Records of Manatee County, Florida;

Section 17, Township 35 South, Range 19 East:

All of Section 17, Township 35 South, Range 19 East, lying east of the right-of-way of Lakewood Ranch Boulevard, as recorded in Official Rec-ord Book 1429, Page 3703 Public Records of Manatee County, Florida;

Less:

Road right-of-way for State Road 70;

Less:

Premises described in Warranty Deed to the State of Florida Department of Transportation, recorded in Official Record Book 1915, Page 5768 Public Records of Manatee County, Florida;

Less:

A portion of premises described in Warranty Deed to the County of Manatee, recorded in Official Record Book 1528, Page 7481 and Correc-tive Warranty Deed recorded in Official Record Book 1540, Page 7918 Public Records of Manatee County, Florida;

Section 18, Township 35 South, Range 19 East:

All of Section 18, Township 35 South, Range 19 East, lying east of the right-of-way of Lakewood Ranch Boulevard, as recorded in Official Rec-ord Book 1429, Page 3703 Public Records of Manatee County, Florida;

Section 22, Township 35 South, Range 19 East:

That portion of Section 22, Township 35 South, Range 19 East, lying northerly of the northerly right-of-way line of State Road 70;

Also:

That portion of Sections 22, 23 and 27, lying within the following de-scribed property:

DESCRIPTION (Proposed Braden River Mitigation Bank)

A tract of land lying in Sections 22, 23 and 27, Township 35 South, Range 19 East, Manatee County, Florida and described as follows:

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Commence at the northwest corner of Section 21, Township 35 South, Range 19 East; thence S.89°24′47″E. along the north line of said Section 21, a distance of 5379.98 feet to the northwest corner of said Section 22; thence S.00°30′23″ W. along the west line of said Section 22, a distance of 134.20 feet to a point on the southerly Right-of-way line of State Road 70; the following 4 calls are along said southerly right-of-way line; thence S.89°19′57″E., a distance of 521.35 feet; thence S.89°21′15″E., a distance of 3,754.54 feet to the point of curvature of a curve to the right having a radius of 1,777.86 feet and a central angle of 34°24′33″; thence easterly along the arc of said curve, an arc length of 1,067.70 feet to the point of tangency of said curve; thence S.54°56′41″E., a distance of 821.49 feet to the POINT OF BEGINNING; thence continue S.54°56′41″E. along the above mentioned southerly right-of-way line, a distance of 4,427.83 feet; thence S.15°00′00″W., a distance of 701.34 feet; thence N.71°00′00″W., a distance of 2,270.00 feet; thence S.45°00′00″W., a distance of 65.00 feet; thence S.00°00′00″W., a distance of 395.00 feet; thence S.86°30′00″W., a distance of 1,250.00 feet; thence S.00°00′00″W., a distance of 338.36 feet; thence S.43°00′00″E., a distance of 155.00 feet; thence S.00°00′00″W., a distance of 150.00 feet; thence S.59°56′21″W., a distance of 110.00 feet; thence N.63°00′00″W., a distance of 306.73 feet; thence N.10°00′00″W., a distance of 299.62 feet; thence S.89°37′37″W., a distance of 301.32 feet; thence S.72°00′46″W., a distance of 368.15 feet; thence S.48°06′41″W., a distance of 169.68 feet; thence N.08°37′00″E., a distance of 159.00 feet; thence N.57°02′56″E., a distance of 594.02 feet; thence N.07°52′51″W., a distance of 27.87 feet; thence N.61°22′29″W., a distance of 167.29 feet; thence N.83°56′09″W., a distance of 103.18 feet; thence S.85°40′21″W., a distance of 75.29 feet; thence S.44°35′18″W., a distance of 66.94 feet; thence S.82°54′53″W., a distance of 86.64 feet; thence S.48°07′08″W., a distance of 74.53 feet; thence S.26°33′46″W., a distance of 49.90 feet; thence S.39°24′11″W., a distance of 50.01 feet to a point on the northerly line of a Conservation Easement as recorded in the Official Records Book 1524, Page 5098 of the Public Records of Manatee County, Florida; the following 15 calls are along the northerly and westerly lines of said Conservation Easement; thence S.63°06′49″W., a distance of 38.30 feet; thence S.30°38′41″W., a distance of 53.69 feet; thence S.68°49′15″W., a distance of 91.30 feet; thence S.51°14′32″W., a distance of 68.98 feet; thence S.76°31′40″W., a distance of 62.88 feet; thence S.45°09′35″W., a distance of 35.02 feet; thence S.36°11′14″E., a distance of 48.92 feet; thence S.18°26′10″E., a distance of 45.74 feet; thence S.09°12′08″W., a distance of 19.73 feet; thence S.32°09′14″E., a distance of 76.50 feet; thence S.07°27′24″E., a distance of 35.67 feet; thence S.29°09′12″E., a distance of 41.08 feet; thence S.11°37′55″E., a distance of 49.89 feet; thence S.51°55′08″E., a distance of 29.11 feet; thence S.67°03′11″E., a distance of 66.38 feet; thence N.66°35′24″E., a distance of 31.03 feet; thence S.45°47′43″E., a distance of 148.54 feet; thence S.18°48′41″W., a distance of 163.72 feet; thence S.82°50′11″W., a distance of 81.44 feet; thence N.69°18′50″W., a distance of 147.54 feet; thence N.16°28′56″W., a distance of 96.10 feet; thence N.07°30′43″W., a distance of 141.37 feet; thence S.65°00′00″W., a distance of 1,078.77 feet; thence S.83°00′00″W., a distance of 630.49 feet; thence S.62°15′00″W., a distance of 585.88 feet; thence S.55°30′00″W., a distance of 859.04 feet; thence S.35°00′00″W., a

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distance of 453.13 feet; thence S.69°00′00″W., a distance of 637.50 feet; thence N.65°15′00″W., a distance of 464.25 feet; thence N.35°51′00″W., a distance of 385.00 feet; thence N.83°00′00″W., a distance of 137.04 feet to the point of curvature of a non-tangent curve to the left, of which the radius point lies S.85°59′50″W., a radial distance of 6,090.00 feet; thence northerly along the arc of said curve, through a central angle of 00°49′46″, an arc length of 88.17 feet to the point of tangency of said curve; thence N.00°51′26″E., a distance of 490.58 feet; thence N.00°30′20″E., a distance of 355.33 feet to the point of curvature of a curve to the right having a radius of 2,880.00 feet and a central angle of 07°28′45″; thence northerly along the arc of said curve, an arc length of 375.94 feet to the end of said curve; thence S.67°11′02″E. non-radial to the last described curve, a distance of 629.23 feet; thence S.81°49′22″E., a distance of 263.52 feet; thence N.80°03′53″E., a distance of 275.24 feet; thence N.69°59′29″E., a distance of 317.24 feet; thence N.57°35′22″E., a distance of 178.26 feet; thence N.81°03′05″E., a distance of 234.09 feet; thence N.63°21′55″E., a distance of 439.23 feet; thence N.44°11′27″E., a distance of 241.21 feet; thence N.63°21′56″E., a distance of 148.94 feet; thence N.74°49′49″E., a distance of 163.40 feet; thence N.75°39′49″E., a distance of 461.38 feet; thence N.52°24′58″E., a distance of 284.05 feet; thence N.37°35′20″E., a distance of 294.52 feet; thence N.33°58′26″E., a distance of 687.37 feet; thence N.46°31′18″E., a distance of 195.52 feet; thence N.76°15′16″E., a distance of 235.33 feet; thence N.53°47′33″E., a distance of 231.66 feet; thence N.15°20′53″E., a distance of 147.34 feet; thence N.32°20′46″E., a distance of 368.15 feet; thence S.83°51′29″E., a distance of 332.08 feet; thence S.56°57′53″E., a distance of 139.47 feet; thence N.35°53′49″E., a distance of 417.52 feet; thence N.50°25′21″W., a distance of 348.47 feet; thence N.00°06′50″E., a distance of 135.65 feet; thence N.24°22′30″E., a distance of 201.08 feet; thence N.61°14′22″E., a distance of 113.08 feet; thence S.62°11′08″E., a distance of 197.43 feet to the point of curvature of a curve to the right having a radius of 100.00 feet and a central angle of 88°54′40″; thence southerly along the arc of said curve, an arc length of 155.18 feet to the point of tangency of said curve; thence S.26°43′33″W., a distance of 224.96 feet; thence S.50°07′45″E., a distance of 125.37 feet; thence N.49°56′25″E., a distance of 228.41 feet; thence N.08°47′40″E., a distance of 153.43 feet; thence N.38°13′49″W., a distance of 139.09 feet; thence N.11°59′28″E., a dis-tance of 271.56 feet; thence N.37°00′30″E., a distance of 306.68 feet to the POINT OF BEGINNING.

Said tract contains 15,214,335 square feet or 349.2731 acres, more or less.

Also:

That portion of Sections 22 and 23, lying within the following described property:

A tract of land lying in Section 22, Township 35 South, Range 19 East, Manatee County, Florida and being more particularly described as fol-lows:

Commence at the southeast corner of Section 22, Township 35 South, Range 19 East; thence N.89°29′42″W. along the south line of said Section

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22, 587.90 feet; thence N.00°30′18″E., perpendicular with said south line, a distance of 802.96 feet to the POINT OF BEGINNING; thence N.66°35′24″E., a distance of 31.03 feet; thence S.45°47′43″E., a distance of 68.87 feet; thence N.22°15′45″E., a distance of 66.77 feet; thence N.21°25′53″E., a distance of 88.19 feet; thence N.08°37′00″E., a distance of 159.00 feet; thence N.57°02′56″E., a distance of 594.02 feet; thence N.07°52′51″W., a distance of 27.87 feet; thence N.61°22′29″W., a distance of 167.29 feet; thence N.83°56′09″W., a distance of 103.18 feet; thence S.85°40′21″W., a distance of 75.29 feet; thence S.44°35′18″W., a distance of 66.94 feet; thence S.82°54′53″W., a distance of 86.64 feet; thence S.48°07′08″W., a distance of 74.53 feet; thence S.26°33′46″W., a distance of 49.90 feet; thence S.39°24′11″W., a distance of 50.01 feet to a point on the northerly line of a Conservation Easement as recorded in the Official Records Book 1524, Page 5098 of the Public Records of Manatee County, Florida; the following 15 calls are along the northerly and westerly lines of said Conservation Easement; thence S.63°06′49″W., a distance of 38.30 feet; thence S.30°38′41″W., a distance of 53.69 feet; thence S.68°49′15″W., a distance of 91.30 feet; thence S.51°14′32″W., a distance of 68.98 feet; thence S.76°31′40″W., a distance of 62.88 feet; thence

S.45°09′35″W., a distance of 35.02 feet; thence S.36°11′14″E., a distance of 48.92 feet; thence S.18°26′10″E., a distance of 45.74 feet; thence S.09°12′08″W., a distance of 19.73 feet; thence S.32°09′14″E., a distance of 76.50 feet; thence S.07°27′24″E., a distance of 35.67 feet; thence S.29°09′12″E., a distance of 41.08 feet; thence S.11°37′55″E., a distance of 49.89 feet; thence S.51°55′08″E., a distance of 29.11 feet; thence S.67°03′11″E., a distance of 66.38 feet to the POINT OF BEGINNING.

Said tract contains 249,186 square feet or 5.7205 acres, more or less.

Section 23, Township 35 South, Range 19 East:

That portion of Section 23, Township 35 South, Range 19 East, lying north of State Road 70;

Also:

That portion of Section 23, Township 35 South, Range 19 East, lying southerly of the right-of-way line for State Road 70, easterly of premises described in Special Warranty Deed to Sarasota Development, L.L.C., recorded in Official Record Book 1892, Page 750 of said Public Records and easterly of the (Proposed Braden River Mitigation Bank), described above;

Section 24, Township 35 South, Range 19 East:

All of Section 24, Township 35 South, Range 19 East;

Less:

Right-of-way for State Road 70;

Section 25, Township 35 South, Range 19 East:

All of Section 25, Township 35 South, Range 19 East;

Less:

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Right-of-way for State Road 70;

Section 26, Township 35 South, Range 19 East:

All of Section 26, Township 35 South, Range 19 East;

Less:

Premises described in Special Warranty Deed to Sarasota Development, L.L.C., recorded in Official Record Book 1892, Page 750 Public Records of Manatee County, Florida;

Less:

Premises described in Memorandum of Purchase Option Agreement, recorded in Official Record Book 1892, Page 776 Public Records of Mana-tee County, Florida;

Section 27, Township 35 South, Range 19 East:

All of Section 27, lying southerly of the Phase 2 Parcel, described in Memorandum of Purchase Option Agreement, recorded in Official Rec-ord Book 1892, Page 776 of said Public Records and Phase 1 Parcel and Entry Road Parcel, described in Special Warranty Deed to Sarasota Development, L.L.C., recorded in Official Record Book 1892, Page 750 Public Records of Manatee County, Florida;

Less:

Right-of-way for Lorraine Road;

Section 34, Township 35 South, Range 19 East:

All of Section 34, Township 35 South, Range 19 East, lying easterly of the east right-of-way line of Lorraine Road;

Less:

Premises described in Special Warranty Deed to The School Board of Manatee County, recorded in Official Record Book 1959, Page 2350 Pub-lic Records of Manatee County, Florida; (School Site J)

Less:

Premises described in Special Warranty Deed to the Diocese of Venice, recorded in Official Record Book 1532, Page 5848, Less and except prem-ises described in Special Warranty Deed to Schoreder-Manatee Ranch, Inc., recorded in Official Record Book 1928, Page 3242 of said Public Records:

Less:

Premises described in Special Warranty Deed to the Diocese of Venice, recorded in Official Record Book 1928, Page 3248 Public Records of Manatee County, Florida;

Less:

Premises described in Corrective Warranty Deed to Harvest United Methodist Church, Inc., recorded in Official Record Book 1747, Page 777 of said Public Records:

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Section 35, Township 35 South, Range 19 East:

All of Section 35, Township 35 South, Range 19 East;

Section 36, Township 35 South, Range 19 East:

All of Section 36, Township 35 South, Range 19 East;

Section 1, Township 36 South, Range 19 East:

All of Section 1, Township 36 South, Range 19 East;

Section 2, Township 36 South, Range 19 East:

All of Section 2, Township 36 South, Range 19 East;

Section 3, Township 36 South, Range 19 East:

All of Section 3, Township 36 South, Range 19 East;

Less:

Premises described in Special Warranty Deed to Polo Ranches of Sara-sota, Inc., recorded in Official Record Book 2602, Page 702 of the Public Records of Sarasota County, Florida;

Less:

Premises described in Special Warranty Deed to Polo Ranches of Sara-sota, Inc., recorded in Official Instrument Number 2000076164 of the Public Records of Sarasota County, Florida;

Section 4, Township 36 South, Range 19 East:

All of Section 4, Township 36 South, Range 19 East;

Less:

Premises described in Special Warranty Deed to Polo Ranches of Sara-sota, Inc., recorded in Official Record Book 2602, Page 702 of the Public Records of Sarasota County, Florida;

Less:

A portion of Premises described in Warranty Deed to Out-of-Door Acad-emy of Sarasota, Inc., recorded in Official Record Book 2858, Page 189 of the Public Records of Sarasota County, Florida

Section 5, Township 36 South, Range 19 East:

That portion of Section 5, Township 36 South, Range 19 East, lying east of premises described in Warranty Deed to Out-of-Door Academy of Sara-sota, Inc., recorded in Official Record Book 2858, Page 189 of the Public Records of Sarasota County, Florida;

Also:

That portion of Section 5, Township 36 South, Range 19 East, lying southerly of the following described properties:

Premises described in Warranty Deed to Out-of-Door Academy of Sara-sota, Inc., recorded in Official Record Book 2858, Page 189 of the Public Records of Sarasota County, Florida

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Lakewood Ranch Corporate Park, Unit 3C, recorded in Plat Book 43, Page 34, Public Records of Sarasota County, Florida;

Lakewood Ranch Corporate Park, Unit 3B, recorded in Plat Book 42, Page 30, Public Records of Sarasota County, Florida;

Lakewood Ranch Corporate Park, Unit 3A, recorded in Plat Book 41, Page 19, Public Records of Sarasota County, Florida;

Lakewood Ranch Corporate Park, Unit 1, recorded in Plat Book 38, Page 26, Public Records of Sarasota County, Florida;

Lakewood Ranch Corporate Park, Unit 4, Phase 1, recorded in Plat Book 43, Page 22, Public Records of Sarasota County, Florida;

Section 6, Township 36 South, Range 19 East:

That portion of Section 6, Township 36 South, Range 19 East, lying east of the right-of-way of Interstate 75 and south of the following described properties:

Lakewood Ranch Corporate Park, Unit 4, Phase 1, recorded in Plat Book 43, Page 22, Public Records of Sarasota County, Florida;

Lakewood Ranch Corporate Park, Unit 4, recorded in Plat Book 40, Page 37, Public Records of Sarasota County, Florida;

Lakewood Ranch Corporate Park, Unit 6, Phase 2, recorded in Plat Book 42, Page 23, Public Records of Sarasota County, Florida;

Less:

Premises described in Corporate Warranty Deed to Sarasota County, recorded in Official Record Instrument Number 2002146329, Public Rec-ords of Sarasota County, Florida;

Section 7, Township 36 South, Range 19 East:

That portion of Section 7, Township 36 South, Range 19 East, lying east of the right-of-way of Interstate 75;

Less:

Premises described in Warranty Deed to Sarasota County, recorded in Official Instrument Number 2004118447, Public Records of Sarasota County, Florida;

Less:

Premises described in Corporate Warranty Deed to Sarasota County, recorded in Official Record Book 2880, Page 1528, Public Records of Sarasota County, Florida;

Section 8, Township 36 South, Range 19 East:

All of Section 8, Township 36 South, Range 19 East;

Less:

Premises described in Special Warranty Deed to Florida Power & Light Company, recorded in Official Record Book 2848, Page 77, Public Rec-ords of Sarasota County, Florida;

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Section 9, Township 36 South, Range 19 East:

All of Section 9, Township 36 South, Range 19 East;

Section 10, Township 36 South, Range 19 East:

All of Section 10, Township 36 South, Range 19 East;

Section 11, Township 36 South, Range 19 East:

All of Section 11, Township 36 South, Range 19 East;

Section 12, Township 36 South, Range 19 East:

All of Section 12, Township 36 South, Range 19 East;

Section 5, Township 36 South, Range 20 East:

The south half of Section 5, Township 36 South, Range 20 East;

Section 6, Township 36 South, Range 20 East:

All of Section 6, Township 36 South, Range 20 East;

Section 7, Township 36 South, Range 20 East:

All of Section 7, Township 36 South, Range 20 East;

Section 8, Township 36 South, Range 20 East:

All of Section 8, Township 36 South, Range 20 East;

Less:

A strip of land 50-feet wide, described as beginning at the southwest corner of Section 8, Township 36 South, Range 20 East, thence South 87°10′13″ East, 511.24 feet for POINT OF BEGINNING; thence North 42°59′05″ West to a point lying 50 feet north of the south line of Section 8; thence easterly along a line parallel to and 50 feet north of, the south line of Section 8 to a point lying 529.3 feet west of the east line of said Section 8; thence southwesterly 70.7 feet to point on south line of Section 8, lying 600 feet westerly of the southeast corner of Section 8; thence westerly along the south section line of said Section 8 to the POINT OF BEGINNING, lying and being in Section 8, Township 36 South, Range 20 East, Sarasota County, Florida.

CONTAINING A TOTAL AREA OF 23,055 ACRES, PLUS OR MINUS.

Section 5. Board of Supervisors; members and meetings; organization; powers; duties; terms of office; related election requirements.Ð

(1) The board of the District shall exercise the powers granted to the District pursuant to this act. The board shall consist of five members, each of whom shall hold office for a term of 4 years, as provided in this section, except as otherwise provided herein for initial board members, and until a successor is chosen and qualified. The members of the board must be resi-dents of the state and citizens of the United States.

(2)(a) Within 90 days following the effective date of the law establishing the District, there shall be held a meeting of the landowners of the District for the purpose of electing five supervisors for the District. Notice of the

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landowners' meeting shall be published once a week for 2 consecutive weeks in a newspaper which is in general circulation in the area of the District, the last day of such publication to be not fewer than 14 days or more than 28 days before the date of the election. The landowners, when assembled at such meeting, shall organize by electing a chair, who shall conduct the meeting. The chair may be any person present at the meeting. If the chair is a landowner or proxy holder of a landowner, he or she may nominate candidates and make and second motions. The landowners present at the meeting, in person or by proxy, shall constitute a quorum. At any landown-ers' meeting, 50 percent of the District acreage shall not be required to constitute a quorum, and each governing board member elected by landown-ers shall be elected by a majority of the acreage represented either by owner or proxy present and voting at said meeting.

(b) At such meeting, each landowner shall be entitled to cast one vote per acre of land owned by him or her and located within the District for each person to be elected. A landowner may vote in person or by proxy in writing. Each proxy must be signed by one of the legal owners of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy; the street address, legal description of the property, or tax parcel identification number; and the number of authorized votes. If the proxy authorizes more than one vote, each property must be listed and the number of acres of each property must be included. The signature on a proxy need not be notarized. A fraction of an acre shall be treated as 1 acre, entitling the landowner to one vote with respect thereto. The two candidates receiving the highest number of votes shall be elected for a term expiring November 18, 2008, and the three candidates receiving the next largest number of votes shall be elected for a term expiring Novem-ber 7, 2006, with the term of office for each successful candidate commencing upon election. The members of the first board elected by landowners shall serve their respective terms; however, the next election of board members shall be held on the first Tuesday after the first Monday in November 2006. Thereafter, there shall be an election by landowners for the District every 2 years on the first Tuesday after the first Monday in November, which shall be noticed pursuant to paragraph (a). The second and subsequent landown-ers' election shall be announced at a public meeting of the board at least 90 days prior to the date of the landowners' meeting and shall also be noticed pursuant to paragraph (a). Instructions on how all landowners may partici-pate in the election, along with sample proxies, shall be provided during the board meeting that announces the landowners' meeting. Each supervisor elected in or after November 2006 shall serve a 4-year term.

(3)(a)1. The board may not exercise the ad valorem taxing power author-ized by this act until such time as all members of the board are qualified electors who are elected by qualified electors of the District.

2.a. Regardless of whether the District has proposed to levy ad valorem taxes, board members shall begin being elected by qualified electors of the District as the District becomes populated with qualified electors. The tran-sition shall occur such that the composition of the Board, after the first general election following a trigger of the qualified elector population thresholds set forth below, shall be as follows:

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(I) Once 10,000 qualified electors reside within the District, one govern-ing board member shall be a person who was elected by the qualified elec-tors, and four governing board members shall persons who were elected by the landowners.

(II) Once 20,000 qualified electors reside within the District, two govern-ing board members shall be persons who were elected by the qualified electors, and three governing board members shall be persons elected by the landowners.

(III) Once 30,000 qualified electors reside within the District, three gov-erning board members shall be persons who were elected by the qualified electors and two governing board members shall be persons who were elected by the landowners.

(IV) Once 40,000 qualified electors reside within the District, four gov-erning board members shall be persons who were elected by the qualified electors and one governing board member shall be a person who was elected by the landowners.

(V) Once 45,000 qualified electors reside within the District, all five gov-erning board members shall be persons who were elected by the qualified electors.

Nothing in this sub-subparagraph is intended to require an election prior to the expiration of an existing board member's term.

b. On or before June 1 of each year, the board shall determine the num-ber of qualified electors in the District as of the immediately preceding April 15. The board shall use and rely upon the official records maintained by the supervisor of elections and property appraiser or tax collector in each county in making this determination. Such determination shall be made at a prop-erly noticed meeting of the board and shall become a part of the official minutes of the District.

c. All governing board members elected by qualified electors shall be elected at large at an election occurring as provided in subsection (2) and this subsection.

d. The board member seat first available for election by qualified electors because the District has 10,000 qualified electors shall be designated seat number one. The board member seat first available for election by qualified electors because the District has 20,000 qualified electors shall be desig-nated seat number two. The board member seat first available for election by qualified electors because the District has 30,000 qualified electors shall be designated seat number three. The board member seat first available for election by qualified electors because the District has 40,000 qualified elec-tors shall be designated seat number four. The board member seat first available for election by qualified electors because the District has 45,000 qualified electors shall be designated seat number five.

e. The board member elected to fill seat one when that seat is first filled by election by qualified electors of the District shall be a qualified elector of

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Manatee County. However, if, at the time that seat is available for election, the District does not have both an executed interlocal agreement with Mana-tee County and at least 500 qualified electors residing within the District in Manatee County, the seat shall be filled by a qualified elector of Sarasota County.

f. The board member elected to fill seat two when that seat is first filled by election by qualified electors of the District shall be a qualified elector of Sarasota County. However, if, at the time that seat is available for election, seat one has already been designated as the seat to be filled by a qualified elector of Sarasota County pursuant to paragraph e., seat two shall be filled by a qualified elector of Manatee County. Provided further that, if at the time seat two is available for election the District does not have both an executed interlocal agreement with Sarasota County and at least 500 quali-fied electors residing in Sarasota County, the seat shall be filled by a quali-fied elector of Manatee County. In such event, the next seat available for election after the District has both an interlocal agreement with Sarasota County and at least 500 qualified electors in Sarasota County shall be filled by a qualified elector of Sarasota County.

g. Once one seat is designated as a seat to be filled by a qualified elector from a specific county, that seat shall thereafter be filled by a qualified elector who resides within that county.

h. 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 section 189.4051, Florida Statutes.

(b)	Elections of board members by qualified electors held pursuant to this subsection shall be nonpartisan and shall be conducted in the manner pre-scribed by law for holding general elections. Board members shall assume the office on the second Tuesday following their election.

(c)	Candidates seeking election to office by qualified electors under this subsection shall conduct their campaigns in accordance with the provisions of chapter 106, Florida Statutes, and shall file qualifying papers and qualify for individual seats in accordance with section 99.061, Florida Statutes. Candidates shall pay a qualifying fee, which shall consist of a filing fee and an election assessment or, as an alternative, shall file a petition signed by not less than 1 percent of the registered voters of the District, and take the oath required in section 99.021, Florida Statutes, with the supervisor of elections in the county affected by such candidacy. The amount of the filing fee is 3 percent of $4,800; however, if the electors have provided for compen-sation, the amount of the filing fee is 3 percent of the maximum annual compensation so provided. The amount of the election assessment is 1 per-cent of $4,800; however, if the electors have provided for compensation, the amount of the election assessment is 1 percent of the maximum annual compensation so provided. The filing fee and election assessment shall be distributed as provided in section 105.031(3), Florida Statutes.

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(d) The supervisors of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election of board members by qualified electors. The county canvassing boards shall declare and certify the results of the election.

(4)	Members of the board, regardless of how elected, shall be public offi-cers, shall be known as supervisors, and, upon entering into office, shall take and subscribe to the oath of office as prescribed by section 876.05, Florida Statutes. Members of the board shall be subject to ethics and conflict of interest laws of the state that apply to all local public officers. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill each vacancy by an appointment for the remainder of the unexpired term.

(5)	Any elected member of the Board of Supervisors may be removed by the Governor for malfeasance, misfeasance, dishonesty, incompetency, or failure to perform the duties imposed upon him or her by this act, and any vacancies that may occur in such office for such reasons shall be filled by the Governor as soon as practicable.

(6)	A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the District shall be upon a vote of a major-ity of the members present unless general law or a rule of the District requires a greater number.

(7)	As soon as practicable after each election or appointment, the board shall organize by electing one of its members as chair and by electing a secretary, who need not be a member of the board, and such other officers as the board may deem necessary.

(8)	The board shall keep a permanent record book entitled ªRecord of Proceedings of Lakewood Ranch Stewardship District,º in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts. The record book and all other District records shall at reasonable times be opened to inspection in the same manner as state, county, and municipal records pursuant to chapter 119, Florida Statutes. The record book shall be kept at the office or other regular place of business maintained by the board in a designated location in either Manatee County or Sarasota County.

(9)	Each supervisor shall be entitled to receive for his or her services an amount not to exceed $200 per meeting of the Board of Supervisors, not to exceed $4,800 per year per 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 section 112.061, Florida Statutes.

(10)	All meetings of the board shall be open to the public and governed by the provisions of chapter 286, Florida Statutes.

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Section 6.  Board of Supervisors; general duties.Ð

(1)	DISTRICT MANAGER AND EMPLOYEES.ÐThe board shall em-ploy and fix the compensation of a district manager, who 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, 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 termi-nate the employment of such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employ-ment of the officers and employees of the District shall be as provided by the board.

(2)	TREASURER.ÐThe 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 of 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 certi-fied public accountant at least once a year.

(3)	PUBLIC DEPOSITORY.ÐThe board is authorized to select as a de-pository for its funds any qualified public depository as defined in section 280.02, Florida Statutes, which meets all the requirements of chapter 280, Florida Statutes, and has been designated by the treasurer as a qualified public depository upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable.

(4)	BUDGET; REPORTS AND REVIEWS.Ð

(a)	The District shall provide financial reports in such form and such manner as prescribed pursuant to this act and chapter 218, Florida Stat-utes, as amended from time to time.

(b)	On or before July 15 of each year, the district manager shall prepare a proposed budget for the ensuing fiscal year to be submitted to the board for board approval. The proposed budget shall include at the direction of the board an estimate of all necessary expenditures of the District for the ensu-ing fiscal year and an estimate of income to the District from the taxes and assessments provided in this act. The board shall consider the proposed budget item by item and may either approve the budget as proposed by the district manager or modify the same in part or in whole. The board shall

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indicate its approval of the budget by resolution, which resolution shall provide for a hearing on the budget as approved. Notice of the hearing on the budget shall be published in a newspaper of general circulation in the area of the District once a week for 2 consecutive weeks, except that the first publication shall be not fewer than 15 days prior to the date of the hearing. The notice shall further contain a designation of the day, time, and place of the public hearing. At the time and place designated in the notice, the board shall hear all objections to the budget as proposed and may make such changes as the board deems necessary. At the conclusion of the budget hearing, the board shall, by resolution, adopt the budget as finally approved by the board. The budget shall be adopted prior to October 1 of each year.

(c)	At least 60 days prior to adoption, the Board of Supervisors of the District shall submit to the Manatee County and Sarasota County Boards of County Commissioners, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year, and each Board of County Commissioners may submit written comments to the Board of Su-pervisors solely for the assistance and information of the Board of Supervi-sors of the District in adopting its annual District budget.

(d)	The Board of Supervisors of the District shall submit annually, to the Boards of County Commissioners of Manatee and Sarasota Counties, its District public facilities report under section 189.415(2), Florida Statutes, which report the boards of county commissioners shall use and rely on the District public facilities report in the preparation or revision of their respec-tive comprehensive plans, specifically under section 189.415(6), Florida Statutes.

(5)	DISCLOSURE OF PUBLIC FINANCING.ÐThe District shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the District. Such information shall be made available to all existing residents and all prospective residents of the District. The District shall furnish each developer of a residential development within the District with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy; and any developer of a residential development within the District, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. The Division of Florida Land Sales, Condomini-ums, and Mobile Homes of the Department of Business and Professional Regulation shall ensure that disclosures made by developers pursuant to chapter 498, Florida Statutes, meet the requirements of section 190.009(1), Florida Statutes.

(6)	GENERAL POWERS.ÐThe District shall have, and the board may exercise, the following general powers:

(a) To sue and be sued in the name of the District; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

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(b)	To apply for coverage of its employees under the Florida Retirement System in the same manner as if such employees were state employees, subject to necessary action by the District to pay employer contributions into the Florida Retirement System Trust Fund.

(c)	To contract for the services of consultants to perform planning, engi-neering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation re-quirements as set forth in general law applicable to independent special districts.

(d)	To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purposes and enter into agree-ments required in connection therewith; and to hold, use, and dispose of such moneys or property for any District purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto.

(e)	To adopt and enforce rules and orders pursuant to the provisions of chapter 120, Florida Statutes, prescribing the powers, duties, and functions of the officers of the District; the conduct of the business of the District; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the District. The board may also adopt and enforce administrative rules with respect to any of the projects of the District and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of District business.

(f)	To maintain an office at such place or places as the Board of Supervi-sors designates in either Manatee County or Sarasota County, and within the District when facilities are available.

(g)	To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reser-vations for public purposes, or any reservations for those purposes author-ized by this act and to make use of such easements, dedications, or reserva-tions for the purposes authorized by this act.

(h)	To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the District is authorized to undertake and facilities or property of any nature for the use of the District to carry out the purposes authorized by this act.

(i)	To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such taxes and assessments as may 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 pre-scribed 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

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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, 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, spe-cifically 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.

(l)	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.

(m)	To assess and to impose upon lands in the District ad valorem taxes as provided by this act.

(n)	If and when authorized by general law, to determine, order, levy, impose, collect, and enforce maintenance taxes.

(o)	To determine, order, levy, impose, collect, and enforce assessments pursuant to this act and chapter 170, Florida Statutes, as amended from time to time, pursuant to authority granted in section 197.3631, Florida Statutes, or pursuant to other provisions of general law now or hereinafter enacted which provide or authorize a supplemental means to order, levy, impose, or collect special assessments. Such special assessments, in the discretion of the District, may be collected and enforced pursuant to the provisions of sections 197.3632 and 197.3635, Florida Statutes, and chapters 170 and 173, Florida Statutes, as they may be amended from time to time, or as provided by this act, or by other means authorized by general law now or hereinafter enacted.

(p)	To exercise such special powers and other express powers as may be authorized and granted by this act in the charter of the District, including powers as provided in any interlocal agreement entered into pursuant to chapter 163, Florida Statutes, or which shall be required or permitted to be undertaken by the District pursuant to any development order or develop-ment of regional impact, including any interlocal service agreement with Manatee County or Sarasota County for fair-share capital construction funding for any certain capital facilities or systems required of the developer pursuant to any applicable development order or agreement.

(q)	To exercise all of the powers necessary, convenient, incidental, or proper in connection with any other powers or duties or the special purpose of the District authorized by this act.

The provisions of this subsection shall be construed liberally in order to carry out effectively the specialized purpose of this act. However, nothing in this subsection regarding the exercise of general powers by the District is intended to allow the District to exercise one or more special powers in Manatee County absent an interlocal agreement with Manatee County con-senting to the exercise of such powers within that county, or to allow the District to exercise one or more special powers in Sarasota County absent

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an interlocal agreement with Sarasota County consenting to the exercise of such powers within that county.

(7) SPECIAL POWERS.ÐThe District shall have, and the board may exercise, the following special powers to implement its lawful and special purpose and to provide, pursuant to that purpose, systems, facilities, ser-vices, improvements, projects, works, and infrastructure, each of which con-stitutes a lawful public purpose when exercised pursuant to this charter, subject to, and not inconsistent with, the regulatory jurisdiction and permit-ting authority of all other applicable governmental bodies, agencies, and any special districts having authority with respect to any area included therein, and to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, finance, fund, and maintain improvements, systems, facili-ties, services, works, projects, and infrastructure. Any or all of the following special powers are granted by this act in order to implement the special purpose of the District:

(a) To provide water management and control for the lands within the District and to connect some or any of such facilities with roads and bridges. In the event that the board assumes the responsibility for providing water management and control for the District which is to be financed by benefit special assessments, the board shall adopt plans and assessments pursuant to law or may proceed to adopt water management and control plans, assess for benefits, and apportion and levy special assessments, as follows:

1. The board shall cause to be made by the District's engineer, or such other engineer or engineers as the board may employ for that purpose, complete and comprehensive water management and control plans for the lands located within the District that will be improved in any part or in whole by any system of facilities that may be outlined and adopted, and the engineer shall make a report in writing to the board with maps and profiles of said surveys and an estimate of the cost of carrying out and completing the plans.

2. Upon the completion of such plans, the board shall hold a hearing thereon to hear objections thereto, shall give notice of the time and place fixed for such hearing by publication once each week for 2 consecutive weeks in a newspaper of general circulation in the general area of the District, and shall permit the inspection of the plan at the office of the District by all persons interested. All objections to the plan shall be filed at or before the time fixed in the notice for the hearing and shall be in writing.

3. After the hearing, the board shall consider the proposed plan and any objections thereto and may modify, reject, or adopt the plan or continue the hearing until a day certain for further consideration of the proposed plan or modifications thereof.

4. When the board approves a plan, a resolution shall be adopted and a certified copy thereof shall be filed in the office of the secretary and incorpo-rated by him or her into the records of the District.

5. The water management and control plan may be altered in detail from time to time until the appraisal record herein provided is filed but not in

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such manner as to affect materially the conditions of its adoption. After the appraisal record has been filed, no alteration of the plan shall be made, except as provided by this act.

6. Within 20 days after the final adoption of the plan by the board, the board shall proceed pursuant to section 298.301, Florida Statutes.

(b) To provide water supply, sewer, and wastewater management, recla-mation, and reuse, or any combination thereof, and any irrigation systems, facilities, and services and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system.

1. The District may not purchase or sell a water, sewer, or wastewater reuse utility that provides service to the public for compensation, or enter into a wastewater facility privatization contract for a wastewater facility, until the governing body of the District has held a public hearing on the purchase, sale, or wastewater facility privatization contract and made a determination that the purchase, sale, or wastewater facility privatization contract is in the public interest.

2. In determining if the purchase, sale, or wastewater facility privatiza-tion contract is in the public interest, the District shall consider, at a mini-mum, the following:

a. The most recent available income and expense statement for the util-ity.

b. The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of contributions in aid of construction and the accumulated depreciation thereon.

c. A statement of the existing rate base of the utility for regulatory purposes.

d. The physical condition of the utility facilities being purchased or sold or subject to a wastewater facility privatization contract.

e. The reasonableness of the purchase, sale, or wastewater facility privatization contract price and terms.

f. The impacts of the purchase, sale, or wastewater facility privatization contract on utility customers, both positive and negative.

g. Any additional investment required and the ability and willingness of the purchaser or the private firm under a wastewater facility privatization contract to make that investment, whether the purchaser is the District or the entity purchasing the utility from the District.

h. In the case of a wastewater facility privatization contract, the terms and conditions on which the private firm will provide capital investment and

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financing or a combination thereof for contemplated capital replacements, additions, expansions, and repairs.

i. The alternatives to the purchase, sale, or wastewater facility privatiza-tion contract and the potential impact on utility customers if the purchase, sale, or wastewater facility privatization contract is not made.

j. The ability of the purchaser or the private firm under a wastewater facility privatization contract to provide and maintain high-quality and cost-effective utility service, whether the purchaser is the District or the entity purchasing the utility from the District.

k. In the case of a wastewater facility privatization contract, the District shall give significant weight to the technical expertise and experience of the private firm in carrying out the obligations specified in the wastewater facility privatization contract.

l. All moneys paid by a private firm to a District pursuant to a waste-water facility privatization contract shall be used for the purpose of reducing or offsetting property taxes, wastewater service rates, or debt reduction or making infrastructure improvements or capital asset expenditures or other public purpose, provided, however, that nothing herein shall preclude the District from using all or part of the moneys for the purpose of the District's qualification for relief from the repayment of federal grant awards associ-ated with the wastewater system as may be required by federal law or regulation. The District shall prepare a statement showing that the pur-chase, sale, or wastewater facility privatization contract is in the public interest, including a summary of the purchaser's or private firm's experience in water, sewer, or wastewater reuse utility operation and a showing of financial ability to provide the service, whether the purchaser or private firm is the District or the entity purchasing the utility from the District.

(c)	To provide bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to con-struct any and all of such works and improvements across, through, or over any public right-of way, highway, grade, fill, or cut.

(d)	To provide district roads equal to or exceeding the specifications of the county in which such District roads are located, and to provide street lights, including conditions of development approval for which specifications may sometimes be different than the normal specifications of the county. This special power includes, but is not limited to, roads, parkways, bridges, land-scaping, hardscaping, irrigation, bicycle lanes, jogging paths, street lighting, traffic signals, regulatory or informational signage, road striping, under-ground conduit, underground cable or fiber or wire installed to pursuant an agreement with or tariff of a retail provider of services, and all other custom-ary elements of a functioning modern road system in general or as tied to the conditions of development approval for the area within the District, and parking facilities that are freestanding or that may be related to any innova-tive strategic intermodal system of transportation pursuant to applicable federal, state, and local law and ordinance.

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(e)	To provide buses, trolleys, transit shelters, ridesharing facilities and services, parking improvements, and related signage.

(f)	To provide investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the Dis-trict under the supervision or direction of a competent governmental author-ity unless the covered costs benefit any person who is a landowner within the District and who caused or contributed to the contamination.

(g)	To provide observation 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, to provide any other project within or without the boundaries of the District when the project is the subject of an agreement between the District and the Board of County Commissioners of either Manatee County or Sarasota County or with any other applicable public or private entity, and is not inconsistent with the effective local comprehensive plans.

(i)	To provide parks and facilities for indoor and outdoor recreational, cultural, and educational uses.

(j)	To provide fire prevention and control, including fire stations, water mains and plugs, fire trucks, and other vehicles and equipment.

(k)	To provide school buildings and related structures, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board.

(l)	To provide security, including, but not limited to, guardhouses, fences, and gates, electronic intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies; however, the District may not exercise any powers of a law enforcement agency but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. Notwithstanding any provision of general law, the District may operate guardhouses for the lim-ited purpose of providing security for the residents of the District and which serve a predominate public, as opposed to private, purpose. Such guard-houses shall be operated by the District or any other unit of local govern-ment pursuant to procedures designed to serve such security purposes as set forth in rules adopted by the board, from time to time, following the proce-dures set forth in chapter 120, Florida Statutes.

(m)	To provide control and elimination of mosquitoes and other arthro-pods of public health importance.

(n)	To provide waste collection and disposal.

(o)	To enter into impact fee credit agreements with Manatee County or Sarasota County. Under such agreements, if the District constructs or makes contributions for public systems, facilities, services, projects, im-provements, works, and infrastructures for which impact fee credits would

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be available to the landowner developer under the applicable impact fee ordinance, the agreement authorized by this act shall provide that such impact fee credit shall inure to the landowners within the District in propor-tion to assessments or other burdens levied and imposed upon the landown-ers with respect to assessable improvements giving rise to such impact fee credits, and the District shall from time to time execute such instruments, such as assignments of impact fee credits, as may be necessary, appropriate, or desirable to accomplish or to confirm the foregoing.

(p)	To provide buildings and structures for District offices, maintenance facilities, meeting facilities, town centers, or any other project authorized or granted by this act.

(q)	To establish and create, at noticed meetings, such governmental de-partments of the Board of Supervisors of the District, as well as committees, task forces, boards, or commissions, or other agencies under the supervision and control of the District, as from time to time the members of the board may deem necessary or desirable in the performance of the acts or other things necessary to exercise the board's general or special powers to imple-ment an innovative project to carry out the special purpose of the District as provided in this act and to delegate the exercise of its powers to such departments, boards, task forces, committees, or other agencies and such administrative duties and other powers as the board may deem necessary or desirable but only if there is a set of expressed limitations for accountabil-ity, notice, and periodic written reporting to the board that shall retain the powers of the board.

The enumeration of special powers herein shall not be deemed exclusive or restrictive but shall be deemed to incorporate all powers express or implied necessary or incident to carrying out such enumerated special powers, in-cluding also the general powers provided by this special act charter to the District to implement its single purpose. Further, the provisions of this subsection shall be construed liberally in order to carry out effectively the special purpose of this District under this act. The District shall only exer-cise the special powers described in paragraphs (a) through (p) within Mana-tee County upon the execution of an interlocal agreement between the Dis-trict and Manatee County consenting to the District's exercise of those powers within Manatee County. The District shall only exercise the special powers described in paragraphs (a) through (p) within Sarasota County upon the execution of an interlocal agreement between the District and Sarasota County consenting to the District's exercise of those powers within Sarasota County. The District may exercise different powers within each county, depending upon the timing and content of the respective interlocal agreement, as either may be amended from time to time.

(8) ISSUANCE OF BOND ANTICIPATION NOTES.ÐIn addition to the other powers provided for in this act, and not in limitation thereof, the District shall have the power, at any time and from time to time after the issuance of any bonds of the District shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond

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anticipation notes in a principal sum not in excess of the authorized maxi-mum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the board may determine not to exceed the maximum rate allowed by general law, mature at such time or times not later than 5 years from the date of issuance, and be in such form and executed in such manner as the board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds, but, in such event, a like amount of the bonds authorized shall not be issued.

(9)	BORROWING.ÐThe District at any time may obtain loans, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the District or any costs incurred or that may be incurred in connection with any of the projects of the District, which loans shall bear interest as the board determines, not to exceed the maximum rate allowed by general law, and may be payable from and se-cured by a pledge of such funds, revenues, taxes, and assessments as the board may determine, subject, however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then out-standing. For the purpose of defraying such costs and expenses, the District may issue negotiable notes, warrants, or other evidences of debt to be pay-able at such times and to bear such interest as the board may determine, not to exceed the maximum rate allowed by general law, and to be sold or discounted at such price or prices not less than 95 percent of par value and on such terms as the board may deem advisable. The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the District. The approval of the electors residing in the District shall not be necessary except when required by the State Constitution.

(10)	BONDS.Ð

(a) Sale of bonds.ÐBonds may be sold in blocks or installments at differ-ent times, or an entire issue or series may be sold at one time. Bonds may be sold at public or private sale after such advertisement, if any, as the board may deem advisable but not in any event at less than 90 percent of the par value thereof, together with accrued interest thereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the District as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchange for any property, real, personal, or mixed, in-cluding franchises or services rendered by any contractor, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be:

1.  The money paid for the bonds.

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2. The principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds.

3. In the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the board.

(b)	Authorization and form of bonds.ÐAny general obligation bonds, spe-cial assessment bonds, or revenue bonds may be authorized by resolution or resolutions of the board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. The board may, by resolution, authorize the issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes for which the moneys derived therefrom shall be expended, includ-ing, but not limited to, payment of costs as defined in section 2(2)(i); the rate or rates of interest, not to exceed the maximum rate allowed by general law; the denomination of the bonds; whether or not the bonds are to be issued in one or more series; the date or dates of maturity, which shall not exceed 40 years from their respective dates of issuance; the medium of payment; the place or places within or without the state at which payment shall be made; registration privileges; redemption terms and privileges, whether with or without premium; the manner of execution; the form of the bonds, including any interest coupons to be attached thereto; the manner of execution of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the contracts authorized by section 159.825(1)(f) and (g), Florida Statutes, regardless of the tax treat-ment of such bonds being authorized, subject to the finding by the board of a net saving to the District resulting by reason thereof. Such authorizing resolution may further provide that such bonds may be executed in accord-ance with the Registered Public Obligations Act, except that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the board. The seal of the District may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.

(c)	Interim certificates; replacement certificates.ÐPending the prepara-tion of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds which become mutilated, lost, or destroyed.

(d)	Negotiability of bonds.ÐAny bond issued under this act or any tempo-rary bond, in the absence of an express recital on the face thereof that it is nonnegotiable, shall be fully negotiable and shall be and constitute a nego-

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tiable instrument within the meaning and for all purposes of the law mer-chant and the laws of the state.

(e)	Defeasance.ÐThe board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the District in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose, and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right, title, and interest of the holders of the bonds in any reve-nues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void; and the board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than moneys held for the redemption or payment of the bonds or other obligations to any lawful purpose of the District as the board shall deter-mine.

(f)	Issuance of additional bonds.ÐIf the proceeds of any bonds are less than the cost of completing the project in connection with which such bonds were issued, the board may authorize the issuance of additional bonds, upon such terms and conditions as the board may provide in the resolution autho-rizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds.

(g)	Refunding bonds.ÐThe District shall have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the District that at the time of such issuance are or subsequent thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within 10 years thereafter, or the surrender of which can be procured from the holders thereof at prices satis-factory to the board. Refunding bonds may be issued at any time that in the judgment of the board such issuance will be advantageous to the District. No approval of the qualified electors residing in the District shall be re-quired for the issuance of refunding bonds except in cases in which such approval is required by the State Constitution. The board may by resolution confer upon the holders of such refunding bonds all rights, powers, and remedies to which the holders would be entitled if they continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds are issued, including, but not limited to, the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment, or diminution thereof. The provisions of this act pertaining to bonds of the District shall, unless the context other-wise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the board with respect to them.

(h)	Revenue bonds.Ð

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1. The District shall have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the District; from special as-sessments; or from benefit special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the District, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the District.

2. Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more of such projects, regardless of whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide that the District may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the District and that revenue bonds to be thereafter issued by the District shall be on parity with the revenue bonds then being issued, all on such terms, conditions, and limitations as shall have been provided in the proceeding which authorized the original bonds.

(i)	General obligation bonds.Ð

1. Subject to the limitations of this charter, the District shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of 35 percent of the assessed value of the taxable property within the District as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the District is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the District by the Board of County Commissioners of Manatee and Sarasota Counties upon the request of the board of the District. The expenses of calling and holding an election shall be at the expense of the District, and the District shall reimburse the county for any expenses incurred in calling or holding such election.

2. The District may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefor and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the District, to the extent necessary for the payment thereof, without limitation as to rate or amount.

3. If the board determines to issue general obligation bonds for more than one capital project, the approval of the issuance of the bonds for each and

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all such projects may be submitted to the electors on one and the same ballot. The failure of the electors to approve the issuance of bonds for any one or more capital projects shall not defeat the approval of bonds for any capital project which has been approved by the electors.

4. In arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to subparagraph 1., there shall not be included any general obligation bonds which are additionally secured by the pledge 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 se-cured.

c. Any combination of assessments and revenues described in sub-subparagraphs a. and b.

(j)	Bonds as legal investment or security.Ð

1. Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this act shall constitute legal invest-ments 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 public funds or by insurance companies as required or voluntary statutory deposits.

2. Any bonds issued by the District shall be incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defect in the proceedings for the issue and sale thereof.

(k) Covenants.ÐAny resolution authorizing the issuance of bonds may contain such covenants as the board may deem advisable, and all such covenants shall constitute valid and legally binding and enforceable con-tracts between the District and the bondholders, regardless of the time of issuance thereof. Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds; the use and disposition of project revenues; the pledging of revenues, taxes, and assessments; the obligations of the District with respect to the operation of the project and the maintenance of adequate project revenues; the issuance of additional bonds; the appointment, powers, and duties of trustees and receivers; the acquisi-tion of outstanding bonds and obligations; restrictions on the establishing of competing projects or facilities; restrictions on the sale or disposal of the assets and property of the District; the priority of assessment liens; the priority of claims by bondholders on the taxing power of the District; the

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maintenance of deposits to ensure the payment of revenues by users of District facilities and services; the discontinuance of District services by reason of delinquent payments; acceleration upon default; the execution of necessary instruments; the procedure for amending or abrogating covenants with the bondholders; and such other covenants as may be deemed neces-sary or desirable for the security of the bondholders.

(l)	Validation proceedings.ÐThe power of the District to issue bonds under the provisions of this act may be determined, and any of the bonds of the District maturing over a period of more than 5 years shall be validated and confirmed, by court decree, under the provisions of chapter 75, Florida Statutes, and laws amendatory thereof or supplementary thereto.

(m)	Tax exemption.ÐTo the extent allowed by general law, all bonds issued hereunder and interest paid thereon and all fees, charges, and other revenues derived by the District from the projects provided by this act are exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof; however, any interest, income, or profits on debt obligations issued hereunder are not exempt from the tax imposed by chap-ter 220, Florida Statutes. Further, the District is not exempt from the provi-sions of chapter 212, Florida Statutes.

(n)	Application of section 189.4085, Florida Statutes.ÐBonds issued by the District shall meet the criteria set forth in section 189.4085, Florida Statutes.

(o)	Act furnishes full authority for issuance of bonds.ÐThis act consti-tutes full and complete authority for the issuance of bonds and the exercise of the powers of the District provided herein. No procedures or proceedings, publications, notices, consents, approvals, orders, acts, or things by the board, or any board, officer, commission, department, agency, or instrumen-tality of the District, other than those required by this act, shall be required to perform anything under this act, except that the issuance or sale of bonds pursuant to the provisions of this act shall comply with the general law requirements applicable to the issuance or sale of bonds by the District. Nothing in this act shall be construed to authorize the District to utilize bond proceeds to fund the ongoing operations of the District.

(p)	Pledge by the state to the bondholders of the District.ÐThe state pledges to the holders of any bonds issued under this act that it will not limit or alter the rights of the District to own, acquire, construct, reconstruct, improve, maintain, operate, or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees, and other charges provided for herein and to fulfill the terms of any agreement made with the holders of such bonds or other obligations and that it will not in any way impair the rights or remedies of such holders.

(q)	Default.ÐA default on the bonds or obligations of a District shall not constitute a debt or obligation of the state or any general-purpose local government or the state.

(11) TRUST AGREEMENTS.ÐAny issue of bonds shall be secured by a trust agreement by and between the District and a corporate trustee or

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trustees, which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the District and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including, without limitation, covenants setting forth the duties of the District in relation to: the acquisition, construction, reconstruction, improvement, maintenance, repair, operation, and insur-ance of any projects; the fixing and revising of the rates, fees, and charges; and the custody, safeguarding, and application of all moneys and for the employment of consulting engineers in connection with such acquisition, construction, reconstruction, improvement, maintenance, repair, or opera-tion. It shall be lawful for any bank or trust company within or without the state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the District. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders. The board may provide for the payment of proceeds of the sale of the bonds and the revenues of any project to such officer, board, or depository as it may designate for the custody thereof and may provide for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which such trust agreement pertains.

(12) AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL AS-SESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPE-CIAL ASSESSMENTS; MAINTENANCE TAXES.Ð

(a)	Ad valorem taxes.ÐAn elected board shall have the power to levy and assess an ad valorem tax on all the taxable property in the District to construct, operate, and maintain assessable improvements; to pay the prin-cipal of, and interest on, any general obligation bonds of the District; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, shall not exceed 3 mills. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied, and collected in the same manner and at the same time as county taxes. The levy of ad valorem taxes must be approved by referendum as required by Section 9 of Article VII of the State Constitution.

(b)	Benefit special assessments.ÐThe board annually shall determine, order, and levy the annual installment of the total benefit special assess-ments for bonds issued and related expenses to finance assessable improve-ments. These assessments may be due and collected during each year that county taxes are due and collected, in which case such annual installment and levy shall be evidenced to and certified to the property appraiser by the board not later than August 31 of each year. Such assessment shall be entered by the property appraiser on the county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the

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same time as county taxes, and the proceeds thereof shall be paid to the District. However, this subsection shall not prohibit the District in its discre-tion from using the method prescribed in either section 197.3632 or chapter 173, Florida Statutes, as each may be amended from time to time, for collect-ing and enforcing these assessments. Each annual installment of benefit special assessments shall be a lien on the property against which 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 improve-ment, 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 re-spect 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 spe-cial 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.

(c) Non-ad valorem maintenance taxes.ÐIf and when authorized by gen-eral law, to maintain and to preserve the physical facilities and services constituting the works, improvements, or infrastructure provided by the District pursuant to this act, to repair and restore any one or more of them, when needed, and to defray the current expenses of the District, including any sum which may be required to pay state and county ad valorem taxes on any lands which may have been purchased and which are held by the District under the provisions of this act, the Board of Supervisors may, upon the completion of said systems, facilities, services, works, improvements, or infrastructure, in whole or in part, as may be certified to the board by the engineer of the board, levy annually a non-ad valorem and nonmillage tax upon each tract or parcel of land within the District, to be known as a ªmaintenance tax.º This non-ad valorem maintenance tax shall be appor-tioned upon the basis of the net assessments of benefits assessed as accruing from the original construction and shall be evidenced to and certified by the Board of Supervisors of the District not later than June 1 of each year to the property appraisers of Manatee and Sarasota Counties and shall be ex-tended by the property appraiser on the tax roll of the property appraiser, as certified by the property appraiser to the tax collector, and collected by the tax collector on the merged collection roll of the tax collector in the same manner and at the same time as county ad valorem taxes, and the proceeds therefrom shall be paid to the District. This non-ad valorem maintenance tax shall be a lien until paid on the property against which assessed and enforceable in like manner and of the same dignity as county ad valorem taxes.

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(d)	Maintenance special assessments.ÐTo maintain and preserve the facilities and projects of the District, the board may levy a maintenance special assessment. This assessment may be evidenced to and certified to the property appraiser by the Board of Supervisors not later than August 31 of each year and shall be entered by the property appraiser on the county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds therefrom shall be paid to the District. However, this subsection shall not prohibit the District in its discretion from using the method prescribed in either section 197.363, section 197.3631, or section 197.3632, Florida Statutes, for collect-ing and enforcing these assessments. These maintenance special assess-ments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the maintenance special assessment for the exercise of the District's powers under this section 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 all of the lands within the District benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the bene-fits received by each tract of land.

(e)	Special assessments.ÐTo levy and impose any special assessments pursuant to this subsection.

(f)	Enforcement of taxes.ÐThe collection and enforcement of all taxes levied by the District shall be at the same time and in like manner as county taxes, and the provisions of the laws of Florida relating to the sale of lands for unpaid and delinquent county taxes; the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the District to the same extent as if such statutory provisions were expressly set forth herein. All taxes shall be subject to the same discounts as county taxes.

(g)	When unpaid tax is delinquent; penalty.ÐAll taxes provided for in this act shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes.

(h)	Status of assessments.ÐBenefit special assessments, maintenance special assessments, and special assessments are hereby found and deter-mined to be non-ad valorem assessments as defined by section 197.3632, Florida Statutes. Maintenance taxes are non-ad valorem taxes and are not special assessments.

(i)	Assessments constitute liens; collection.ÐAny and all assessments, including special assessments, benefit special assessments, and mainte-nance special assessments authorized by this section, and including special assessments as defined by section 2(2)(z) and granted and authorized by this subsection, and including maintenance taxes if authorized by general law, shall constitute a lien on the property against which assessed from the date of levy and imposition thereof until paid, coequal with the lien of state, county, municipal, and school board taxes. These assessments may be col-lected, at the District's discretion, under authority of section 197.3631, Flor-ida Statutes, as amended from time to time, by the tax collector pursuant

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to the provisions of sections 197.3632 and 197.3635, Florida Statutes, as amended from time to time, or in accordance with other collection measures provided by law. In addition to, and not in limitation of, any powers other-wise set forth herein or in general law, these assessments may also be enforced pursuant to the provisions of chapter 173, Florida Statutes, as amended from time to time.

(j) Land owned by governmental entity.ÐExcept as otherwise provided by law, no levy of ad valorem taxes or non-ad valorem assessments under this act, chapter 170, or chapter 197, Florida Statutes, as each may be amended from time to time, or otherwise, by a board of a District, on prop-erty of a governmental entity that is subject to a ground lease as described in section 190.003(13), Florida Statutes, shall constitute a lien or encum-brance on the underlying fee interest of such governmental entity.

(13)	SPECIAL ASSESSMENTS.Ð

(a) As an alternative method to the levy and imposition of special assess-ments pursuant to chapter 170, Florida Statutes, pursuant to the authority of section 197.3631, Florida Statutes, or pursuant to other provisions of general law, now or hereafter 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 assess-ments to finance the exercise of any of its powers permitted under this act using the following uniform procedures:

1. At a noticed meeting, the Board of Supervisors of the District may consider and review an engineer's report on the costs of the systems, facili-ties, 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.

a. The assessment methodology shall address and discuss and the board shall consider whether the systems, facilities, and services being contem-plated will result in special benefits peculiar to the property, different in kind and degree than general benefits, as a logical connection between the systems, facilities, and services themselves and the property, and whether the duty to pay the assessments by the property owners is apportioned in a manner that is fair and equitable and not in excess of the special benefit received. It shall be fair and equitable to designate a fixed proportion of the annual debt service, together with interest thereon, on the aggregate princi-pal amount of bonds issued to finance such systems, facilities, and services which give rise to unique, special, and peculiar benefits to property of the same or similar characteristics under the assessment methodology so long as such fixed proportion does not exceed the unique, special, and peculiar benefits enjoyed by such property from such systems, facilities, and services.

b. The engineer's cost report shall identify the nature of the proposed systems, facilities, and services, their location, a cost breakdown plus a total estimated cost, including cost of construction or reconstruction, labor, and materials, lands, property, rights, easements, franchises, or systems, facili-ties, and services to be acquired, cost of plans and specifications, surveys of

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estimates of costs and revenues, costs of engineering, legal, and other profes-sional consultation services, and other expenses or costs necessary or inci-dent to determining the feasibility or practicability of such construction, reconstruction, or acquisition, administrative expenses, relationship to the authority and power of the District in its charter, and such other expenses or costs as may be necessary or incident to the financing to be authorized by the Board of Supervisors.

c. The preliminary assessment roll to be prepared will be in accordance with the method of assessment provided for in the assessment methodology and as may be adopted by the Board of Supervisors; the assessment roll shall be completed as promptly as possible and shall show the acreage, lots, lands, or plats assessed and the amount of the fairly and reasonably apportioned assessment based on special and peculiar benefit to the property, lot, parcel, or acreage of land; and, if the assessment against each such lot, parcel, acreage, or portion of land is to be paid in installments, the number of annual installments in which the assessment is divided shall be entered into and shown upon the assessment roll.

2. The Board of Supervisors of the District may determine and declare by an initial assessment resolution to levy and assess the assessments with respect to assessable improvements stating the nature of the systems, facili-ties, and services, improvements, projects, or infrastructure constituting such assessable improvements, the information in the engineer's cost report, the information in the assessment methodology as determined by the board at the noticed meeting and referencing and incorporating as part of the resolution the engineer's cost report, the preliminary assessment methodol-ogy, and the preliminary assessment roll as referenced exhibits to the reso-lution by reference. If the board determines to declare and levy the special assessments by the initial assessment resolution, the board shall also adopt and declare a notice resolution which shall provide and cause the initial assessment resolution to be published once a week for a period of 2 weeks in newspapers of general circulation published in Manatee and Sarasota Counties and said board shall by the same resolution fix a time and place at which the owner or owners of the property to be assessed or any other persons interested therein may appear before said board and be heard as to the propriety and advisability of making such improvements, as to the costs thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved. Thirty days' notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each assessed property owner at his or her last known address, the names and addresses of such property owners to be obtained from the record of the property appraiser of the county political subdivision in which the land is located or from such other sources as the district manager or engineer deems reliable, and proof of such mailing shall be made by the affidavit of the manager of the District or by the engineer, said proof to be filed with the district manager, provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. It is pro-vided further that the last publication shall be at least 1 week prior to the date of the hearing on the final assessment resolution. Said notice shall describe the general areas to be improved and advise all persons interested

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that the description of each property to be assessed and the amount to be assessed to each piece, parcel, lot, or acre of property may be ascertained at the office of the manager of the District. Such service by publication shall be verified by the affidavit of the publisher and filed with the manager of the District. Moreover, the initial assessment resolution with its attached, referenced, and incorporated engineer's cost report, preliminary assessment methodology, and preliminary assessment roll, along with the notice resolu-tion, shall be available for public inspection at the office of the manager and the office of the engineer or any other office designated by the Board of Supervisors in the notice resolution. Notwithstanding the foregoing, the landowners of all of the property which is proposed to be assessed may give the District written notice of waiver of any notice and publication provided for in this subparagraph and such notice and publication shall not be re-quired, provided, however, that any meeting of the Board of Supervisors to consider such resolution shall be a publicly noticed meeting.

3. At the time and place named in the noticed resolution as provided for in subparagraph 2., the Board of Supervisors of the District shall meet and hear testimony from affected property owners as to the propriety and advis-ability of making the systems, facilities, services, projects, works, improve-ments, or infrastructure and funding them with assessments referenced in the initial assessment resolution on the property. Following the testimony and questions from the members of the board or any professional advisors to the District of the preparers of the engineer's cost report, the assessment methodology, and the assessment roll, the Board of Supervisors shall make a final decision on whether to levy and assess the particular assessments. Thereafter, the Board of Supervisors shall meet as an equalizing board to hear and to consider any and all complaints as to the particular assessments and shall adjust and equalize the assessments on the basis of justice and right.

4. When so equalized and approved by resolution or ordinance by the Board of Supervisors, to be called the final assessment resolution, a final assessment roll shall be filed with the clerk of the board and such assess-ment shall stand confirmed and remain legal, valid, and binding first liens on the property against which such assessments are made until paid, equal in dignity to the first liens of ad valorem taxation of county and municipal governments and school boards. However, upon completion of the systems, facilities, service, project, improvement, works, or infrastructure, the Dis-trict shall credit to each of the assessments the difference in the assessment as originally made, approved, levied, assessed, and confirmed and the pro-portionate part of the actual cost of the improvement to be paid by the particular special assessments as finally determined upon the completion of the improvement; but in no event shall the final assessment exceed the amount of the special and peculiar benefits as apportioned fairly and reason-ably to the property from the system, facility, or service being provided as originally assessed. Promptly after such confirmation, the assessment shall be recorded by the clerk of the District in the minutes of the proceedings of the District, and the record of the lien in this set of minutes shall constitute prima facie evidence of its validity. The Board of Supervisors, in its sole discretion, may, by resolution grant a discount equal to all or a part of the payee's proportionate share of the cost of the project consisting of bond

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financing cost, such as capitalized interest, funded reserves, and bond dis-counts 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 resolu-tion.

5. 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, Florida Statutes, that portion of section 170.09, Florida Statutes, that 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 provi-sions 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 adopt a rule or rules which provides or provide for notice, levy, imposition, equalization, and collection of assessments.

(14) ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.Ð

(a)	The board may, after any special assessments or benefit special as-sessments for assessable improvements are made, determined, and con-firmed as provided in this act, issue certificates of indebtedness for the amount so assessed against the abutting property or property otherwise benefited, as the case may be, and separate certificates shall be issued against each part or parcel of land or property assessed, which certificates shall state the general nature of the improvement for which the assessment is made. The certificates shall be payable in annual installments in accord-ance with the installments of the special assessment for which they are issued. The board may determine the interest to be borne by such certifi-cates, not to exceed the maximum rate allowed by general law, and may sell such certificates at either private or public sale and determine the form, manner of execution, and other details of such certificates. The certificates shall recite that they are payable only from the special assessments levied and collected from the part or parcel of land or property against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or general obligation bonds issued to finance in whole or in part such assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost of such assessable improvements.

(b)	The District may also issue assessment bonds, revenue bonds, or other obligations payable from a special fund into which such certificates of indebtedness referred to in the preceding subsection may be deposited or, if such certificates of indebtedness have not been issued, the District may assign to such special fund for the benefit of the holders of such assessment

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bonds or other obligations, or to a trustee for such bondholders, the assess-ment liens provided for in this act unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations, the proceeds of such certificates of indebtedness or assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this section. The District is authorized to covenant with the holders of such assessment bonds, revenue bonds, or other obligations that it will diligently and faithfully enforce and collect all the special assessments, and interest and penalties thereon, for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund; to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in the special fund, after such assessment liens have become delinquent, and deposit the proceeds derived from such foreclosure, including interest and penalties, in such special fund; and to make any other covenants deemed necessary or advisable in order to properly secure the holders of such assess-ment bonds or other obligations.

(c)	The assessment bonds, revenue bonds, or other obligations issued pursuant to this section shall have such dates of issue and maturity as shall be deemed advisable by the board; however, the maturities of such assess-ment bonds or other obligations shall not be more than 2 years after the due date of the last installment which will be payable on any of the special assessments for which such assessment liens, or the certificates of indebted-ness representing such assessment liens, are assigned to or deposited in such special fund.

(d)	Such assessment bonds, revenue bonds, or other obligations issued under this section shall bear such interest as the board may determine, not to exceed the maximum rate allowed by general law, and shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner, and shall be subject to all of the applicable provisions contained in this act for revenue bonds, except as the same may be inconsistent with the provisions of this section.

(e)	All assessment bonds, revenue bonds, or other obligations issued under the provisions of this section shall be, shall constitute, and shall have all the qualities and incidents of negotiable instruments under the law merchant and the laws of the state.

(15) TAX LIENS.ÐAll taxes of the District provided for in this act, except together with all penalties for default in the payment of the same and all costs in collecting the same, including a reasonable attorney's fee fixed by the court and taxed as a cost in the action brought to enforce payment, shall, from January 1 for each year the property is liable to assessment and until paid, constitute a lien of equal dignity with the liens for state and county taxes and other taxes of equal dignity with state and county taxes upon all the lands against which such taxes shall be levied. A sale of any of the real property within the District for state and county or other taxes shall not operate to relieve or release the property so sold from the lien for subsequent

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District taxes or installments of District taxes, which lien may be enforced against such property as though no such sale thereof had been made. In addition to, and not in limitation of, the preceding sentence, for purposes of section 197.552, Florida Statutes, the lien of all special assessments levied by the District shall constitute a lien of record held by a municipal or county governmental unit. The provisions of sections 194.171, 197.122, 197.333, and 197.432, Florida Statutes, shall be applicable to District taxes with the same force and effect as if such provisions were expressly set forth in this act.

(16) PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE.Ð

(a)	The District shall have the power and right to:

1. Pay any delinquent state, county, District, municipal, or other tax or assessment upon lands located wholly or partially within the boundaries of the District.

2. Redeem or purchase any tax sales certificates issued or sold on account of any state, county, District, municipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the District.

(b)	Delinquent taxes paid, or tax sales certificates redeemed or pur-chased, by the District, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the District of equal dignity with the liens of state and county taxes and other taxes of equal dignity with state and county taxes upon all the real property against which the taxes were levied. The lien of the District may be foreclosed in the manner provided in this act.

(c)	In any sale of land pursuant to section 197.542, Florida Statutes, as may be amended from time to time, the District may certify to the clerk of the circuit court of the county holding such sale the amount of taxes due to the District upon the lands sought to be sold, and the District shall share in the disbursement of the sales proceeds in accordance with the provisions of this act and under the laws of the state.

(17) FORECLOSURE OF LIENS.ÐAny lien in favor of the District aris-ing under this act may be foreclosed by the District by foreclosure proceed-ings in the name of the District in a court of competent jurisdiction as provided by general law in like manner as is provided in chapter 173, Florida Statutes, and amendments thereto and the provisions of that chapter shall be applicable to such proceedings with the same force and effect as if those provisions were expressly set forth in this act. Any act required or author-ized to be done by or on behalf of a municipality in foreclosure proceedings under chapter 173, Florida Statutes, may be performed by such officer or agent of the District as the Board of Supervisors may designate. Such fore-closure proceedings may be brought at any time after the expiration of 1 year from the date any tax, or installment thereof, becomes delinquent; however, no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available.

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(18)	MANDATORY USE OF CERTAIN DISTRICT SYSTEMS, FACILI-TIES, AND SERVICES.ÐTo 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 and water and sewer facilities of the District.

(19)	COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RE-LATED PROVISIONS REQUIRED.Ð

(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 in either Manatee County or Sarasota County. Any board seeking to construct or improve a public building, structure, or other public works shall comply with the bid-ding procedures of section 255.20, Florida Statutes, as amended from time to time, and other applicable general law. In each case, the bid of the lowest responsive and responsible bidder shall be accepted unless all bids are re-jected because the bids are too high or the board determines it is in the best interests of the District to reject all bids. The board may require the bidders to furnish bond with a responsible surety to be approved by the board. Nothing in this section shall prevent the board from undertaking and per-forming the construction, operation, and maintenance of any project or facil-ity authorized by this act by the employment of labor, material, and machin-ery.

(b)	The provisions of the Consultants' Competitive Negotiation Act, sec-tion 287.055, Florida Statutes, apply to contracts for engineering, architec-ture, landscape architecture, or registered surveying and mapping services let by the board.

(c)	Contracts for maintenance services for any District facility or project shall be subject to competitive bidding requirements when the amount thereof to be paid by the District exceeds the amount provided in section 287.017, Florida Statutes, as amended from time to time, for category four. The District shall adopt rules, policies, or procedures establishing competi-tive bidding procedures for maintenance services. Contracts for other ser-vices shall not be subject to competitive bidding unless the District adopts a rule, policy, or procedure applying competitive bidding procedures to said contracts. Nothing herein shall preclude the use of requests for proposal instead of invitations to bid as determined by the District to be in its best interest.

(20) FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOP-TION AND MODIFICATIONS; MINIMUM REVENUE REQUIRE-MENTS.Ð

(a) The District is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinafter sometimes referred to as ªreve-nues,º and to revise the same from time to time, for the systems, facilities, and services furnished by the District, within the limits of the District, including, but not limited to, recreational facilities, water management and

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control facilities, and water and sewer systems; to recover the costs of mak-ing connection with any District service, facility, or system; and to provide for reasonable penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent.

(b)	No such rates, fees, rentals, or other charges for any of the facilities or services of the District shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants, or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the administrative rulemaking authority of the District, but shall not apply to District leases. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have been published in newspapers of general circulation in Manatee and Sarasota Counties at least once and at least 10 days prior to such public hearing. The rulemaking hearing may be adjourned from time to time. After such hearing, such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing.

(c)	Such rates, fees, rentals, and charges shall be just and equitable and uniform for users of the same class, and when appropriate may be based or computed either upon the amount of service furnished, upon the average number of persons residing or working in or otherwise occupying the prem-ises served, or upon any other factor affecting the use of the facilities fur-nished, or upon any combination of the foregoing factors, as may be deter-mined by the board on an equitable basis.

(d)	The rates, fees, rentals, or other charges prescribed shall be such as will produce revenues, together with any other assessments, taxes, reve-nues, or funds available or pledged for such purpose, at least sufficient to provide for the items hereinafter listed, but not necessarily in the order stated:

1. To provide for all expenses of operation and maintenance of such facility or service.

2. To pay when due all bonds and interest thereon for the payment of which such revenues are, or shall have been, pledged or encumbered, includ-ing reserves for such purpose.

3. To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this act.

(e) The board shall have the power to enter into contracts for the use of the projects of the District and with respect to the services, systems, and facilities furnished or to be furnished by the District.

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Ch. 2005-338	LAWS OF FLORIDA	Ch. 2005-338

(21)	RECOVERY OF DELINQUENT CHARGES.ÐIn the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as and when due and shall be in default for 60 days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the District in a civil action.

(22)	DISCONTINUANCE OF SERVICE.ÐIn the event the fees, rentals, or other charges for water and sewer services, or either of them, are not paid when due, the board shall have the power, under such reasonable rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, rentals, or other charges, including inter-est, penalties, and charges for the shutting off and discontinuance and the restoration of such water and sewer services or both, are fully paid; and, for such purposes, the board may enter on any lands, waters, or premises of any person, firm, corporation, or body, public or private, within the District limits. Such delinquent fees, rentals, or other charges, together with inter-est, penalties, and charges for the shutting off and discontinuance and the restoration of such services and facilities and reasonable attorney's fees and other expenses, may be recovered by the District, which may also enforce payment of such delinquent fees, rentals, or other charges by any other lawful method of enforcement.

(23)	ENFORCEMENT AND PENALTIES.ÐThe board or 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 this act, including injunctive relief to enjoin or restrain any person violating the provisions of this act or any bylaws, resolutions, regulations, rules, codes, or orders adopted under this act. In case any building or structure is erected, con-structed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this act or of any code, order, resolution, or other regulation made under authority conferred by this act or under law, the board or any citizen residing in the District may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, main-tenance, or use; to restrain, correct, or avoid such violation; to prevent the occupancy of such building, structure, land, or water; and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water.

(24)	SUITS AGAINST THE DISTRICT.ÐAny suit or action brought or maintained against the District for damages arising out of tort, including, without limitation, any claim arising upon account of an act causing an injury or loss of property, personal injury, or death, shall be subject to the limitations provided in section 768.28, Florida Statutes.

(25)	EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.Ð All District property shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judgment against the District be a charge or lien on its property or revenues; however, nothing contained herein shall apply to or limit the rights of bondholders to pursue any remedy for the enforcement of any lien or pledge given by the District in connection with any of the bonds or obligations of the District.

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(26) TERMINATION, CONTRACTION, OR EXPANSION OF DIS-TRICT.Ð

(a)	The board may ask the Legislature through its local legislative dele-gations in and for Manatee and Sarasota Counties to amend this act to contract, to expand or to contract, and to expand the boundaries of the District by amendment of this section.

(b)	The District shall remain in existence until:

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.ÐThe 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.ÐSubsequent to the creation of this Dis-trict 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 con-tract 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: ªTHE LAKEWOOD RANCH STEWARD-SHIP DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERA-TION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT AND ARE SET ANNU-ALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.º

(29)	NOTICE OF CREATION AND ESTABLISHMENT.ÐWithin 30 days after the election of the first Board of Supervisors creating this District, the District shall cause to be recorded in the grantor-grantee index of the property records in each county in which it is located a ªNotice of Creation and Establishment of the Lakewood Ranch Stewardship District.º The no-tice shall, at a minimum, include the legal description of the property cov-ered by this act.

(30)	DISTRICT PROPERTY PUBLIC; FEES.ÐAny system, facility, ser-vice, works, improvement, project, or other infrastructure owned by the District, or funded by federal tax exempt bonding issued by the District, is public; and the District by rule may regulate, and may impose reasonable charges or fees for, the use thereof but not to the extent that such regulation or imposition of such charges or fees constitutes denial of reasonable access.

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Section 7. If any provision of this act is determined unconstitutional or otherwise determined invalid by a court of law, all the rest and remainder of the act shall remain in full force and effect as the law of this state.

Section 8. This act shall take effect upon becoming a law, except that the provisions of this act which authorize the levy of ad valorem taxation shall take effect only upon express approval by a majority vote of those qualified electors of the Lakewood Ranch Stewardship District, as required by Section 9 of Article VII of the State Constitution, 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.

Approved by the Governor June 17, 2005.

Filed in Office Secretary of State June 17, 2005.

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