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H 4079

Florida House•Passed

Summary

H 4079, “Marion County”, was introduced in the House on Jan 7, 2026 by Rep. Intergovernmental Affairs Subcommittee with 1 co-sponsor. It last saw action on Jul 1, 2026: Chapter No. 2026-217.

Record

Text

H 4079 has 1 co-sponsor and 5 roll calls.

h4079/enrolled.txt
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An act relating to Marion County; creating the Uplands
Stewardship District; providing a short title;
providing legislative findings and intent; providing
definitions; stating legislative policy regarding
creation of the district; establishing compliance with
minimum requirements 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 supervisors; providing for a method for
transition of the board from landowner control to
control by the electors of the district; providing for
membership, terms, election, removal, duties, and
meetings of board members; 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 disclosure of certain public information and for
web-based public access; providing for the general and
special powers of the district; providing for bonds;
providing for borrowing; providing for trust
agreements; providing for future ad valorem taxation;
providing for special assessments; providing for
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issuance of certificates of indebtedness; providing
for tax liens; providing for tax payments, redemption
of tax liens, and sharing in proceeds of tax sales;
providing for foreclosure of liens; providing for
mandatory use of certain facilities; providing for
competitive procurement; providing for fees, rentals,
and charges and minimum revenue requirements;
providing for recovery of delinquent charges;
providing for discontinuance of service; providing for
enforcement and penalties; providing for suits against
the district; providing for exemptions of district
property from levies and sales; providing for
termination, contraction, expansion, or merger of the
district; providing for inclusion of territory;
providing for required notices to purchasers of
residential units within the district; specifying the
district properties that are public; providing
severability; providing for a referendum; providing an
effective date.
    Be It Enacted by the Legislature of the State of Florida:
Section 1.  This act may be cited as the "Uplands
    Stewardship District Act."
Section 2.  Legislative findings and intent; definitions;
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    policy.—
(1)     LEGISLATIVE INTENT AND PURPOSE OF THE DISTRICT.—
(a)     The extensive lands located wholly within Marion
    County and covered by this act contain many opportunities for
    thoughtful, comprehensive, responsible, and consistent
    development over a long period.
(b)     There is a need to use a single special and limited
    purpose independent special district unit of local government
    for the Uplands Stewardship District lands located within Marion
    County and covered by this act to provide for a more
    comprehensive community development approach, which will
    facilitate an integral relationship between regional
    transportation, land use and urban design to provide for a
    diverse mix of housing and regional employment and economic
    development opportunities, rather than fragmented development
    with underutilized infrastructure generally associated with
    urban sprawl.
(c)     There is a considerably long period of time during
    which there is a significant burden on the initial landowners of
    the district lands to provide various systems, facilities, and
    services, such that there is a need for flexible management,
    sequencing, timing, and financing of the various systems,
    facilities, and services to be provided to these lands, taking
    into consideration absorption rates, commercial viability, and
    related factors.
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(d)     While chapter 190, Florida Statutes, provides an
     opportunity for previous community development services and
     facilities to be provided by the continued use of community
     development districts in a manner that furthers the public
     interest, given the size of the Uplands Stewardship District
     lands and the duration of development, continuing to utilize
     multiple community development districts over these lands would
     result in an inefficient, duplicative, and needless
     proliferation of local special purpose governments, 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 and
     conservation of the lands covered by this act be under one
     coordinated entity. The creation of a single district will
     assist in integrating the management of state resources and
     allow for greater and more coordinated stewardship of natural
     resources.
(e)     Longer involvement of the initial landowner with
     regard to the provision of systems, facilities, and services for
     the Uplands Stewardship District lands, coupled with the special
     and limited purpose of the district, is in the public interest.
(f)     The existence and use of such a special and limited
    purpose local government for the Uplands Stewardship District
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    lands, subject to the Marion County comprehensive plan, will
    provide for a comprehensive and complete community development
    approach to promote a sustainable and efficient land use pattern
    for the Uplands Stewardship District lands with long-term
    planning for conservation and development; provide opportunities
    for the mitigation of impacts and development of infrastructure
    in an orderly and timely manner; prevent the overburdening of
    the local general purpose government and the taxpayers; and
    provide an enhanced tax base and regional employment and
    economic development opportunities.
(g)     The creation and establishment of the special district
    will encourage local government financial self-sufficiency in
    providing public facilities and in identifying and implementing
    fiscally sound, innovative, and cost-effective techniques to
    provide and finance public facilities while encouraging
    development, use, and coordination of capital improvement plans
    by all levels of government, in accordance with the goals of
    chapter 187, Florida Statutes.
(h)     The creation and establishment of the special district
    is a legitimate supplemental and alternative method available to
    manage, own, operate, construct, and finance capital
    infrastructure systems, facilities, and services.
(i)     In order to be responsive to the critical timing
    required through the exercise of its special management
    functions, an independent special district requires financing of
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    those functions, including bondable lienable and nonlienable
    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 special district,
    without unduly burdening the taxpayers, citizens, and ratepayers
    of the state or Marion County.
(j)     The special district created and established by this
    act shall not have or exercise any comprehensive planning,
    zoning, or development permitting power; the establishment of
    the special district shall not be considered a development order
    within the meaning of chapter 380, Florida Statutes; and all
    applicable planning and permitting laws, rules, regulations, and
    policies of Marion County control the development of the land to
    be serviced by the special district.
(k)     The creation by this act of the Uplands Stewardship
    District is not inconsistent with the Marion County
    comprehensive plan.
(l)     It is the legislative intent and purpose that no debt
    or obligation of the special district constitute a burden on
    Marion County.
(2)     DEFINITIONS.—As used in this act:
(a)     "Ad valorem bonds" means bonds that are payable from
    the proceeds of ad valorem taxes levied on real and tangible
    personal property and that are generally referred to as general
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    obligation bonds.
(b)     "Assessable improvements" means, without limitation,
    any and all public improvements and community facilities that
    the district is empowered to provide in accordance with this act
    that provide a special benefit to property within the district.
(c)     "Assessment bonds" 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 assessments.
(d)     "Assessments" 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)     "Benefit special assessments" means district
    assessments imposed, levied, and collected pursuant to section
    6(12)(b).
(f)     "Board of supervisors" or "board" means the governing
    body 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.
(g)     "Bond" includes certificate, and the provisions that
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    are applicable to bonds are equally applicable to certificates.
    The term also includes any general obligation bond, assessment
    bond, refunding bond, revenue bond, bond anticipation note, and
    other such obligation in the nature of a bond as is provided for
    in this act.
(h)      "Cost" or "costs," when used in reference to any
    project, includes, but is not limited to:
1.      The expenses of determining the feasibility or
    practicability of acquisition, construction, or reconstruction.
2.      The cost of surveys, estimates, plans, and
    specifications.
3.      The cost of improvements.
4.      Engineering, architectural, fiscal, and legal expenses
    and charges.
5.      The cost of all labor, materials, machinery, and
    equipment.
6.      The cost of all lands, properties, rights, easements,
    and franchises acquired.
7.      Financing charges.
8.      The creation of initial reserve and debt service funds.
9.      Working capital.
10.      Interest charges incurred or estimated to be incurred
    on money borrowed prior to and during construction and
    acquisition and for such reasonable period of time after
    completion of construction or acquisition as the board may
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    determine.
11.     The cost of issuance of bonds pursuant to this act,
    including advertisements and printing.
12.     The cost of any bond or tax referendum held pursuant
    to this act and all other expenses of issuance of bonds.
13.     The discount, if any, on the sale or exchange of
    bonds.
14.     Administrative expenses.
15.     Such other expenses as may be necessary or incidental
    to the acquisition, construction, or reconstruction of any
    project, or to the financing thereof, or to the development of
    any lands within the district.
16.     Payments, contributions, dedications, and any other
    exactions required as a condition of receiving any governmental
    approval or permit necessary to accomplish any district purpose.
17.     Any other expense or payment permitted by this act or
    allowable by law.
(i)     "District" means the Uplands Stewardship District.
(j)     "District manager" means the manager of the district.
(k)     "District roads" means highways, streets, roads,
    alleys, intersection improvements, sidewalks, crossings,
    landscaping, irrigation, signage, signalization, storm drains,
    bridges, multiuse trails, lighting, and thoroughfares of all
    kinds.
(l)     "General obligation bonds" means bonds which are
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    secured by, or provide for their payment by, the pledge of the
    full faith and credit and taxing power of the district.
(m)     "General-purpose local government" means a city,
    municipality, or consolidated city-county government.
(n)     "Governing board member" means any member of the board
    of supervisors.
(o)     "Land development regulations" means those regulations
    of the general-purpose local government, adopted under the
    Community Planning Act, codified as part II of chapter 163,
    Florida Statutes, to which the district is subject and as to
    which the district may not do anything that is inconsistent
    therewith. The term "land development regulations" does not
    include specific management, engineering, operations, or capital
    improvement planning, needed in the daily management,
    implementation, and supplying by the district of systems,
    facilities, services, works, improvements, projects, or
    infrastructure, so long as they remain subject to and are not
    inconsistent with the applicable county codes.
(p)     "Landowner" 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. The term
    "landowner" does not include a reversioner, remainderman,
    mortgagee, or any governmental entity which shall not be counted
    and need not be notified of proceedings under this act. The term
    "landowner" also means the owner of a ground lease from a
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    governmental entity, which leasehold interest has a remaining
    term, excluding all renewal options, in excess of 50 years.
(q)      "Maintenance special assessments" are assessments
    imposed, levied, and collected pursuant to section 6(12)(d).
(r)      "Non-ad valorem assessment" means only those
    assessments which are not based upon millage and which can
    become a lien against a homestead as permitted in s. 4, Article
    X of the State Constitution.
(s)      "Powers" means powers used and exercised by the board
    of supervisors to accomplish the special and limited purposes of
    the district, including:
1.      "General powers," which means those organizational and
    administrative powers of the district as provided in its charter
    in order to carry out its special and limited purpose as a local
    government public corporate body politic.
2.      "Special powers," which means those powers enumerated
    by the district charter to implement its specialized systems,
    facilities, services, projects, improvements, and infrastructure
    and related functions in order to carry out its special and
    limited purposes.
3.      Any other powers, authority, or functions set forth in
    this act.
(t)      "Project" means any development, improvement,
    property, power, utility, facility, enterprise, service, system,
    works, or infrastructure now existing or hereafter undertaken or
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    established under this act.
(u)     "Qualified elector" 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, who registers to vote
    with the Supervisor of Elections of Marion County and who
    resides in Marion County.
(v)     "Reclaimed water" means water, including from wells or
    stormwater management facilities, that has received at least
    secondary treatment and basic disinfection and is reused after
    flowing out of a domestic wastewater treatment facility, or
    otherwise as an approved use of surface water or groundwater by
    the water management district.
(w) "Reclaimed water system" means any plant, well, system,
    facility, or property, and any addition, extension, or
    improvement thereto at any future time constructed or acquired
    as part thereof, useful, necessary, or having the present
    capacity for future use in connection with the development of
    sources, treatment, purification, or distribution of reclaimed
    water. The term includes franchises of any nature relating to
    any such system and necessary or convenient for the operation
    thereof, including for the district's own use or resale.
(x)     "Refunding bonds" means bonds issued to refinance
    outstanding bonds of any type and the interest and redemption
    premium thereon. Refunding bonds may be issuable and payable in
    the same manner as refinanced bonds, except that no approval by
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    the electorate shall be required unless required by the State
    Constitution.
(y)     "Revenue bonds" 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.
(z)     "Sewer system" means any plant, system, facility, or
    property, and additions, extensions, and improvements thereto at
    any future time constructed or acquired as part thereof, useful
    or necessary or having the present 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 business or from the development of any natural
    resource. The term also includes treatment plants, pumping
    stations, lift stations, valves, force mains, intercepting
    sewers, laterals, pressure lines, mains, and all necessary
    appurtenances and equipment; all sewer mains, laterals, and
    other devices for the reception and collection of sewage from
    premises connected therewith; 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.
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(aa)        "Special assessments" means assessments as imposed,
    levied, and collected by the district for the costs of
    assessable improvements pursuant to this act; chapter 170,
    Florida Statutes; and the additional authority under s.
    197.3631, Florida Statutes, or other general laws, now or
    hereafter enacted, which provide or authorize a supplemental
    means to impose, levy, or collect special assessments.
(bb)        "Uplands Stewardship District" means the unit of
    special and limited purpose local government and political
    subdivision created and chartered by this act, and limited to
    the performance of those general and special powers authorized
    by its charter under this act, the boundaries of which are set
    forth by this act, the governing board 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.
(cc)        "Tax" or "taxes" 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.
(dd)        "Water system" means any plant, system, facility, or
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    property, and any addition, extension, or improvement thereto at
    any future time constructed 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. The term also includes
    dams, reservoirs, storage tanks, mains, lines, valves, pumping
    stations, laterals, and pipes for the purpose of carrying water
    to the premises connected with such system, and all rights,
    easements, and franchises of any nature relating to any such
    system and necessary or convenient for the operation thereof.
(3)     POLICY.—Based upon its findings, ascertainments,
    determinations, intent, purpose, and definitions, the
    Legislature states its policy expressly as follows:
(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, industrial, office, hotel, health care, and other
    similar community uses, projects, or functions in the included
    portion of Marion County consistent with the effective
    comprehensive plan, 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
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    government management entity 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 Uplands Stewardship District by
    and pursuant to this act, and its exercise of its management and
    related financing 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 inconsistent with, the applicable comprehensive plan of
    Marion County and any applicable development orders (e.g.,
    detailed site plan development orders), zoning regulations, and
    other land development regulations.
(e)     The special and single purpose Uplands 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
    Community Planning Act.
(f)     This act may be amended, in whole or in part, only by
    special act of the Legislature.
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Section 3.  Minimum charter requirements; creation and
    establishment; jurisdiction; construction; charter.—
(1)     Pursuant to s. 189.031(3), Florida Statutes, the
    Legislature sets forth that the minimum requirements in
    paragraphs (a) through (n) have been met in the identified
    provisions of this act as follows:
(a)     The purpose of the district is stated in the act in
    section 2 and subsection (4) of this section.
(b)     The powers, functions, and duties of the district
    regarding ad valorem taxation, bond issuance, other revenue-
    raising capabilities, budget preparation and approval, liens and
    foreclosure of liens, use of tax deeds and tax certificates as
    appropriate for non-ad valorem assessments, and contractual
    agreements are set forth in section 6.
(c)     The provisions for methods for establishing the
    district are set forth 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 body and the establishment of a quorum are set
    forth in section 5.
(f)     The provisions regarding the administrative duties of
    the governing body are set forth in sections 5 and 6.
(g)     The provisions applicable to financial disclosure,
    noticing, and reporting requirements generally are set forth in
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    sections 5 and 6.
(h)     The provisions regarding procedures and requirements
    for issuing bonds are set forth in section 6.
(i)     The provisions regarding elections or referenda and
    the qualifications of an elector of the district are set forth
    in sections 2 and 5.
(j)     The provisions regarding methods for financing the
    district generally are set forth in section 6.
(k)     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 set forth in section 6.
(l)     The provisions for the method or methods of collecting
    non-ad valorem assessments, fees, or service charges are set
    forth in section 6.
(m)     The provisions for planning requirements are in this
    section and section 6.
(n)     The provisions for geographic boundary limitations of
    the district are set forth in sections 4 and 6.
(2)     The Uplands Stewardship District is created and
    incorporated as a public body corporate and politic, an
    independent special and limited purpose local government, an
    independent special district, under s. 189.031, Florida
    Statutes, as amended from time to time, and as defined in this
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    act and in s. 189.012(3), Florida Statutes, as amended from time
    to time, in and for portions of Marion County. Any amendments to
    chapter 190, Florida Statutes, after January 1, 2025 granting
    additional general powers, special powers, authorities, or
    projects to a community development district by amendment to its
    uniform charter, ss. 190.006-190.041, Florida Statutes, which
    are not inconsistent with this act, shall constitute a general
    power, special power, authority, or function of the Uplands
    Stewardship District. 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 in
    section 4.
(4)     The jurisdiction of the district, in the exercise of
    its general and special powers, and in the carrying out of its
    special and limited purposes, is both within the external
    boundaries of the legal description of this district and
    extraterritorially when limited to, and as authorized expressly
    elsewhere in, the charter of the district as created in this act
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    or applicable general law. This special and limited purpose
    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 other general laws, including chapter
    189, Florida 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, incidental, proper, or
    reasonable for the implementation of its special and limited
    purpose regarding the sound planning, provision, acquisition,
    development, operation, maintenance, and related financing of
    those public systems, facilities, services, improvements,
    projects, and infrastructure works as authorized herein,
    including those necessary and incidental thereto. The district
    shall exercise any of its powers extraterritorially within
    Marion County only after execution of an interlocal agreement
    between the district and Marion County consenting to the
    district's exercise of any of such powers within Marion County
    or an applicable development order or as part of other land
    development regulations issued by Marion County.
(5)     The exclusive charter of the Uplands Stewardship
    District is this act and, except as otherwise provided in
    subsection (2), may be amended only by special act of the
    Legislature.
Section 4.        Legal description of the Uplands Stewardship
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    District.—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:
LANDS LYING IN SECTIONS 3, 4, 9, 10, 15, 16, 21,  22,
27, 28, 29, AND 33 TOWNSHIP 16 SOUTH, RANGE 20 EAST
AND SECTIONS 33 AND 34, TOWNSHIP 15 SOUTH, RANGE 20
EAST, MARION COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL OF THE LANDS LYING SECTION 3, TOWNSHIP 16 SOUTH.
RANGE 20 EAST, MARION COUNTY, FLORIDA.  LESS AND
EXCEPT THE NORTH 1/2 OF THE N.E. 1/4 OF SAID SECTION
3.
AND
ALL OF THE LANDS LYING IN SECTIONS 4, 9, 16, 21,
TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,
FLORIDA.
AND
THE LANDS LYING IN SECTION 10, TOWNSHIP 16 SOUTH.
RANGE 20 EAST, MARION COUNTY, FLORIDA.
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LESS AND EXCEPT STONE CREEK BY DEL WEBB LONGLEAF, PER
PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGES 43
THROUGH 47 OF THE PUBLIC RECORDS OF MARION COUNTY,
FLORIDA
LESS AND EXCEPT STONE CREEK BY DEL WEBB ARLINGTON
PHASE 1, PER PLAT THEREOF RECORDED IN PLAT BOOK 10,
PAGES 187 THROUGH 192 OF THE PUBLIC RECORDS OF MARION
COUNTY, FLORIDA
LESS AND EXCEPT STONE CREEK BY DEL WEBB ARLINGTON
PHASE 4, PER PLAT THEREOF RECORDED IN PLAT BOOK 12,
PAGES 39 AND 40 OF THE PUBLIC RECORDS OF MARION
COUNTY, FLORIDA
LESS AND EXCEPT STONE CREEK BY DEL WEBB ARLINGTON
PHASE 5, PER PLAT THEREOF RECORDED IN PLAT BOOK 12,
PAGES 78 AND 79 OF THE PUBLIC RECORDS OF MARION
COUNTY, FLORIDA
LESS AND EXCEPT LANDS LYING SOUTH AND EASTERLY OF THE
PROJECTION OF THE WESTERLY BOUNDARY OF STONE CREEK BY
DEL WEBB ARLINGTON PHASE 5, PER PLAT THEREOF RECORDED
IN PLAT BOOK 12, PAGES 78 AND 79 OF THE PUBLIC RECORDS
OF MARION COUNTY, FLORIDA LYING IN SECTION 10,
TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,
FLORIDA.
LESS AND EXCEPT ON TOP OF THE WORLD CANDLER HILLS WEST
BALFOUR NORTH, PER PLAT THEREOF RECORDED IN PLAT BOOK
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16, PAGES 30 THROUGH 42 OF THE PUBLIC RECORDS OF
MARION COUNTY, FLORIDA
LESS AND EXCEPT BLCCDD NORTH WATER RECLAMATION
FACILITY, PER PLAT THEREOF RECORDED IN PLAT BOOK 16,
PAGES 9 AND 10 OF THE PUBLIC RECORDS OF MARION COUNTY,
FLORIDA
LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 7875, PAGE 505 OF THE PUBLIC RECORDS OF
MARION COUNTY, FLORIDA.
AND
A PORTION OF LANDS LYING IN SECTION 15, TOWNSHIP 16
SOUTH, RANGE 20 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CONSERVATION AREA #2 PER OFFICIAL RECORDS BOOKS 3425,
PAGES 1189 THROUGH 1212 OF THE PUBLIC RECORDS OF
MARION COUNTY FLORIDA, LYING IN SECTION 15, TOWNSHIP
16 SOUTH, RANGE 20 EAST.
AND
ALL OF THE LANDS LYING ON THE WEST 1/2 OF SECTION 22,
TOWNSHIP 16 SOUTH. RANGE 20 EAST, MARION COUNTY,
FLORIDA.
LESS AND EXCEPT LONGLEAF RIDGE PHASE I, PER PLAT
THEREOF RECORDED IN PLAT BOOK 13, PAGES 162 THROUGH
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166     OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT LONGLEAF RIDGE PHASE II, PER PLAT
THEREOF RECORDED IN PLAT BOOK 13, PAGES 190 THROUGH
193 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT LONGLEAF RIDGE PHASE III, PER PLAT
THEREOF RECORDED IN PLAT BOOK 14, PAGES 66 THROUGH  72
OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT LONGLEAF RIDGE PHASE IV, PER PLAT
THEREOF RECORDED IN PLAT BOOK 14, PAGES 106 THROUGH
110 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT LONGLEAF RIDGE PHASE V, PER PLAT
THEREOF RECORDED IN PLAT BOOK 14, PAGES 136 THROUGH
141 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT LONGLEAF RIDGE PHASE VI, PER PLAT
THEREOF RECORDED IN PLAT BOOK 15, PAGES 107 THROUGH
111 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT ON TOP OF THE WORLD COMMUNITIES
LONGLEAF RIDGE PHASE VIII, PER PLAT THEREOF RECORDED
IN PLAT BOOK 15, PAGES 193 THROUGH 196 OF THE PUBLIC
RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT (WEST MAINTENANCE PARCEL)
A PARCEL OF LAND LYING IN SECTIONS 15 & 22, TOWNSHIP
16 SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA, ALSO
BEING A PORTION OF CIRCLE SQUARE WOODS AS PER PLAT
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THEREOF AS RECORDED IN PLAT BOOK P, PAGES 30 THROUGH
103 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22;
THENCE N.71°51'36"E., 302.72 FEET TO THE POINT OF
BEGINNING; THENCE N.90°00'00"E., 700.60 FEET; THENCE
S.00°00'00"E., 890.11 FEET; THENCE S.90°00'00"W.,
711.29 FEET; THENCE N.00°41'18"E., 890.17 FEET TO THE
POINT OF BEGINNING. SAID LANDS CONTAINING 14.43 ACRES,
MORE OR LESS.
LESS AND EXCEPT (RV PARCEL)
A PARCEL OF LAND LYING IN SECTIONS 15 & 22, TOWNSHIP
16 SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA, ALSO
BEING A PORTION OF CIRCLE SQUARE WOODS AS PER PLAT
THEREOF AS RECORDED IN PLAT BOOK P, PAGES 30 THROUGH
103 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA,
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 22;
THENCE N.84°33'08"E., 992.75 FEET TO THE POINT OF
BEGINNING; THENCE N.90°00'00"E., 750.01 FEET; THENCE
S.00°00'00"E., 721.91 FEET; THENCE S.89°58'14"E.,
21.54 FEET; THENCE S.00°26'23"E., 15.19 FEET; THENCE
N.89°49'34"W., 21.66 FEET; THENCE S.00°00'00"E., 90.57
FEET; THENCE S.45°00'00"W., 88.39 FEET; THENCE
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S.90°00'00"W., 687.51 FEET; THENCE N.00°00'00"E.,
890.11 FEET TO THE POINT OF BEGINNING. SAID LANDS
CONTAINING 15.28 ACRES, MORE OR LESS.
LESS AND EXCEPT THE EAST 916.75 OF THE NORTH 905.14 OF
THE WEST 1/2 OF SECTION 22, TOWNSHIP 16 SOUTH. RANGE
20 EAST, MARION COUNTY, FLORIDA.
AND
THE N.W. 1/4 OF SECTION 27, TOWNSHIP 16 SOUTH. RANGE
20 EAST, MARION COUNTY, FLORIDA.
LESS AND EXCEPT THE SOUTH 15 FEET OF THE NW 1/4  OF
SAID SECTION 27,
LESS AND EXCEPT LONGLEAF RIDGE PHASE VI, PER PLAT
THEREOF RECORDED IN PLAT BOOK 15, PAGES 107 THROUGH
111 OF THE PUBLIC RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT ON TOP OF THE WORLD COMMUNITIES
LONGLEAF RIDGE PHASE VII, PER PLAT THEREOF RECORDED IN
PLAT BOOK 15, PAGES 187 THROUGH 192 OF THE PUBLIC
RECORDS OF MARION COUNTY, FLORIDA.
LESS AND EXCEPT ON TOP OF THE WORLD COMMUNITIES
LONGLEAF RIDGE PHASE VIII, PER PLAT THEREOF RECORDED
IN PLAT BOOK 15, PAGES 193 THROUGH 196 OF THE PUBLIC
RECORDS OF MARION COUNTY, FLORIDA.
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AND
ALL OF THE LANDS LYING IN SECTION 28, TOWNSHIP 16
SOUTH. RANGE 20 EAST, MARION COUNTY , FLORIDA.
LESS AND EXCEPT THE EAST 1/2  OF THE S.E. 1/4 OF SAID
SECTION 28
LESS AND EXCEPT THE NORTH 1/2 OF THE N.W.  1/4 OF THE
S.E. 1/4 OF SAID SECTION 28
AND
THE WEST 1/2 OF THE N.E. 1/4, AND THE N.W. 1/4 OF THE
S.E. 1/4 LYING NORTH OF THE STATE ROAD NO. 484,
SECTION 33, TOWNSHIP 16 SOUTH, RANGE 20 EAST. MARION
COUNTY, FLORIDA.
AND
THE N.E. 1/4 OF THE N.W. 1/4 LESS THE S.W. 1/4 OF THE
N.E. 1/4 OF THE N.W. 1/4  AND LESS THE WEST 1/2 OF THE
S.E. 1/4 OF THE N.E. 1/4 OF THE N.W. 1/4 OF SECTION
33, TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,
FLORIDA.
AND
THE EAST 1/4 THE S.E. 1/4 OF THE N.W. 1/4 SECTION 33,
TOWNSHIP 16 SOUTH, RANGE 20 EAST, MARION COUNTY,
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FLORIDA.
AND
THE EAST 1/4 THE N.E. 1/4 OF THE S.W. 1/4 LYING NORTH
OF THE STATE ROAD NO. 484, SECTION 33, TOWNSHIP 16
SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA.
AND
THAT PORTION OF CIRCLE SQUARE WOODS, PER PLAT THEREOF
RECORDED IN PLAT BOOK "P", PAGES 30 THROUGH 103 OF THE
PUBLIC RECORDS OF MARION COUNTY, FLORIDA IN SECTION
33, TOWNSHIP 15 SOUTH, RANGE 20 EAST, MARION COUNTY,
FLORIDA LYING SOUTH OF  THE 120 FEET WIDE STRIP OF
LAND ABANDONED FORMER MAIN TRACK OF RAILROAD OCALA TO
JULIETTE BRANCH.
AND
THE SOUTH 1/2 OF THE S.W. 1/4 OF SECTION 34, TOWNSHIP
15 SOUTH, RANGE 20 EAST, MARION COUNTY, FLORIDA.
AND
THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 8335, PAGE 418 OF THE PUBLIC RECORDS OF MARION
COUNTY, FLORIDA.
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AND
THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 7549, PAGE 90 OF THE PUBLIC RECORDS OF MARION
COUNTY, FLORIDA.
AND
THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 8278, PAGE 1677 OF THE PUBLIC RECORDS OF MARION
COUNTY, FLORIDA.
AND
THAT PARCEL OF LANDS DESCRIBED IN OFFICIAL RECORDS
BOOK 8420, PAGE 627 OF THE PUBLIC RECORDS OF MARION
COUNTY, FLORIDA.
SAID LANDS CONTAINING 5,161.21 ACRES, MORE OR LESS
    Being subject to any rights-of-way, restrictions and easements
    of record.
Section 5.        Board of supervisors; members and meetings;
    organization; powers; duties; terms of office; related election
    requirements.—
(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
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    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 residents of the state and citizens of the United States.
(2)(a)        Within 90 days after the effective date of this
    act, 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 landowners' meeting shall be published
    once a week for 2 consecutive weeks in a newspaper that 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
    landowners' meeting, 50 percent of the district acreage shall
    not be required to constitute a quorum, and each governing board
    member elected by landowners 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
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    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 three candidates receiving the
    highest number of votes shall each be elected for terms expiring
    November 26, 2030, and the two candidates receiving the next
    highest number of votes shall each be elected for terms expiring
    November 28, 2028, 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 2028.
    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 landowners' election shall be
    announced at a public meeting of the board at least 90 days
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    before the date of the landowners' meeting and shall also be
    noticed pursuant to paragraph (a). Instructions on how all
    landowners may participate 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 2028 shall serve a 4-year term.
(3)(a)1.       The board may not exercise the ad valorem taxing
    power authorized 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 transition 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:
(I)     Once 10,000 qualified electors reside within the
    district, one governing board member shall be a person who is a
    qualified elector of the district and who was elected by the
    qualified electors, and four governing board members shall be
    persons who were elected by the landowners.
(II)     Once 16,000 qualified electors reside within the
    district, two governing board members shall be persons who are
    qualified electors of the district and who were elected by the
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    qualified electors, and three governing board members shall be
    persons elected who were by the landowners.
(III)       Once 21,000 qualified electors reside within the
    district, three governing board members shall be persons who are
    qualified electors of the district and who were elected by the
    qualified electors and two governing board members shall be
    persons who were elected by the landowners.
(IV)       Once 23,000 qualified electors reside within the
    district, four governing board members shall be persons who are
    qualified electors of the district and who were elected by the
    qualified electors, and one governing board member shall be a
    person who was elected by the landowners.
(V)       Once 25,000 qualified electors reside within the
    district, all five governing board members shall be persons who
    are qualified electors of the district and 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 election year, the board
    shall determine the number 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 Marion
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    County in making this determination. Such determination shall be
    made at a properly 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.       All governing board members elected by qualified
    electors shall reside in the district.
e.       Once the district qualifies to have any of its board
    members elected by the qualified electors of the district, the
    initial and all subsequent elections by the qualified electors
    of the district shall be held at the general election in
    November. The board shall adopt a resolution, if necessary, to
    implement this requirement. The transition process described
    herein is intended to be in lieu of the process set forth in s.
    189.041, 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 prescribed 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 chapter 106, Florida Statutes, and shall file
    qualifying papers and qualify for individual seats in accordance
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    with s. 99.061, Florida Statutes.
(d)     The supervisor 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 board shall declare and certify the results of the
    election.
(4)     Members of the board, regardless of how elected,
    shall be public officers, shall be known as supervisors, and,
    upon entering into office, shall take and subscribe to the oath
    of office as prescribed by s. 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
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    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 majority 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
    "Record of Proceedings of the Uplands Stewardship District," 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 Marion County.
(9)     No supervisor shall be entitled to receive
    compensation for his or her services in excess of the limits
    established in s. 190.006(8), Florida Statutes, or any successor
    statute thereto; however, each supervisor shall receive travel
    and per diem expenses as set forth in s. 112.061, Florida
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    Statutes.
(10)        All meetings of the board shall be open to the public
    and governed by chapter 286, Florida Statutes.
Section 6.  Board of supervisors; general duties.—
(1)     DISTRICT MANAGER AND EMPLOYEES.—The board shall employ
    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 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 or constitute an
    abuse of public position 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 or an affiliate of a landowner. The district manager
    may hire or otherwise employ and terminate the employment of
    such other persons, including, without limitation, professional,
    supervisory, and clerical employees, as may be necessary and
    authorized by the board. The compensation and other conditions
    of employment of the officers and employees of the district
    shall be as provided by the board.
(2)     TREASURER.—The board shall designate a person who is a
    resident of the state as treasurer of the district, who shall
    have charge of the funds of the district. Such funds shall be
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    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
    certified public accountant in accordance with the requirements
    of general law.
(3)     PUBLIC DEPOSITORY.—The board is authorized to select
    as a depository for its funds any qualified public depository as
    defined in s. 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.—
(a)     The district shall provide financial reports in such
    form and such manner as prescribed pursuant to this act and
    chapter 218, Florida Statutes, as amended from time to time.
(b)     On or before July 15 of each year, the district
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    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
    ensuing 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 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
    no less 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 Board of County
    Commissioners of Marion County, for purposes of disclosure and
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     information only, the proposed annual budget for the ensuing
     fiscal year, and the commission may submit written comments to
     the board of supervisors solely for the assistance and
     information of the board of supervisors of the district in
     adopting its annual district budget.
(d)     The board of supervisors of the district shall submit
     annually a public facilities report to the Board of County
     Commissioners of Marion County pursuant to Florida Statutes. The
     commission may use and rely on the district's public facilities
     report in the preparation or revision of the Marion County
     comprehensive plan.
(5)     DISCLOSURE OF PUBLIC INFORMATION; WEB-BASED PUBLIC
     ACCESS.—The 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
1000      relating to the public financing and maintenance of improvements
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1001      in the public offering statement. The district shall file the
1002      disclosure documents required by this subsection and any
1003      amendments thereto in the property records of each county in
1004      which the district is located. By the end of the first full
1005      fiscal year of the district's creation, the district shall
1006      maintain an official Internet website in accordance with s.
1007      189.069, Florida Statutes.
1008  (6)     GENERAL POWERS.—The district shall have, and the board
1009      may exercise, the following general powers:
1010  (a)     To sue and be sued in the name of the district; to
1011      adopt and use a seal and authorize the use of a facsimile
1012      thereof; to acquire, by purchase, gift, devise, or otherwise,
1013      and to dispose of, real and personal property, or any estate
1014      therein; and to make and execute contracts and other instruments
1015      necessary or convenient to the exercise of its powers.
1016  (b)     To apply for coverage of its employees under the
1017      Florida Retirement System in the same manner as if such
1018      employees were state employees.
1019  (c)     To contract for the services of consultants to perform
1020      planning, engineering, legal, or other appropriate services of a
1021      professional nature. Such contracts shall be subject to public
1022      bidding or competitive negotiation requirements as set forth in
1023      general law applicable to independent special districts.
1024  (d)     To borrow money and accept gifts; to apply for and use
1025      grants or loans of money or other property from the United
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1026      States, the state, a unit of local government, or any person for
1027      any district purposes and enter into agreements required in
1028      connection therewith; and to hold, use, and dispose of such
1029      moneys or property for any district purposes in accordance with
1030      the terms of the gift, grant, loan, or agreement relating
1031      thereto.
1032  (e)     To adopt and enforce rules and orders pursuant to
1033      chapter 120, Florida Statutes, prescribing the powers, duties,
1034      and functions of the officers of the district; the conduct of
1035      the business of the district; the maintenance of records; and
1036      the form of certificates evidencing tax liens and all other
1037      documents and records of the district. The board may also adopt
1038      and enforce administrative rules with respect to any of the
1039      projects of the district and define the area to be included
1040      therein. The board may also adopt resolutions which may be
1041      necessary for the conduct of district business.
1042  (f)     To maintain an office at such place or places as the
1043      board of supervisors designates in Marion County and within the
1044      district when facilities are available.
1045  (g)     To hold, control, and acquire by donation, purchase,
1046      or condemnation, or dispose of, any public easements,
1047      dedications to public use, platted reservations for public
1048      purposes, or any reservations for those purposes authorized by
1049      this act and to make use of such easements, dedications, or
1050      reservations for the purposes authorized by this act.
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1051  (h)     To lease as lessor or lessee to or from any person,
1052      firm, corporation, association, or body, public or private, any
1053      projects of the type that the district is authorized to
1054      undertake and facilities or property of any nature for the use
1055      of the district to carry out the purposes authorized by this
1056      act.
1057  (i)     To borrow money and issue bonds, certificates,
1058      warrants, notes, or other evidence of indebtedness as provided
1059      herein; to levy such taxes and assessments as may be authorized;
1060      and to charge, collect, and enforce fees and other user charges.
1061  (j)     To raise, by user charges or fees authorized by
1062      resolution of the board, amounts of money which are necessary
1063      for the conduct of district activities and services and to
1064      enforce their receipt and collection in the manner prescribed by
1065      resolution not inconsistent with law.
1066  (k)     To exercise all powers of eminent domain now or
1067      hereafter conferred on counties in this state provided, however,
1068      that such power of eminent domain may not be exercised outside
1069      the territorial limits of the district unless the district
1070      receives prior approval by vote of a resolution of the governing
1071      body of the county if the taking will occur in an unincorporated
1072      area in that county, or the governing body of the city if the
1073      taking will occur in an incorporated area. The district shall
1074      not have the power to exercise eminent domain over municipal,
1075      county, state, or federal property. The powers hereinabove
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1076      granted to the district shall be so construed to enable the
1077      district to fulfill the objects and purposes of the district as
1078      set forth in this act.
1079  (l)     To cooperate with, or contract with, other
1080      governmental agencies as may be necessary, convenient,
1081      incidental, or proper in connection with any of the powers,
1082      duties, or purposes authorized by this act.
1083  (m)     To assess and to impose upon lands in the district ad
1084      valorem taxes as provided by this act.
1085  (n)     If and when authorized by general law, to determine,
1086      order, levy, impose, collect, and enforce maintenance taxes.
1087  (o)     To determine, order, levy, impose, collect, and
1088      enforce assessments pursuant to this act and chapter 170,
1089      Florida Statutes, as amended from time to time, pursuant to
1090      authority granted in s. 197.3631, Florida Statutes, or pursuant
1091      to other general laws, now or hereafter enacted, which provide
1092      or authorize a supplemental means to order, levy, impose, or
1093      collect special assessments. Such special assessments, in the
1094      discretion of the district, may be collected and enforced
1095      pursuant to ss. 197.3632 and 197.3635, Florida Statutes, and
1096      chapters 170 and 173, Florida Statutes, as they may be amended
1097      from time to time, or as provided by this act, or by other means
1098      authorized by general law now or hereafter enacted. The district
1099      may levy such special assessments for the purposes enumerated in
1100      this act and to pay special assessments imposed by Marion County
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1101      on lands within the district.
1102  (p)     To exercise such special powers and other express
1103      powers as may be authorized and granted by this act in the
1104      charter of the district, including powers as provided in any
1105      interlocal agreement entered into pursuant to chapter 163,
1106      Florida Statutes, or which shall be required or permitted to be
1107      undertaken by the district pursuant to any development order,
1108      including any detailed specific area plan development order, or
1109      any interlocal service agreement with Marion County or other
1110      unit of government for fair-share capital construction funding
1111      for any certain capital facilities or systems required of a
1112      developer pursuant to any applicable development order or
1113      agreement.
1114  (q)     To exercise all of the powers necessary, convenient,
1115      incidental, or proper in connection with any other powers or
1116      duties or the special and limited purpose of the district
1117      authorized by this act.
1118
1119      This subsection shall be construed liberally in order to carry
1120      out effectively the special and limited purpose of this act.
1121  (7)     SPECIAL POWERS.—The district shall have, and the board
1122      may exercise, the following special powers to implement its
1123      lawful and special purpose and to provide, pursuant to that
1124      purpose, systems, facilities, services, improvements, projects,
1125      works, and infrastructure, each of which constitutes a lawful
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1126      public purpose when exercised pursuant to this charter, subject
1127      to, and not inconsistent with, general law regarding utility
1128      providers' territorial and service agreements, the regulatory
1129      jurisdiction and permitting authority of all other applicable
1130      governmental bodies, agencies, and any special districts having
1131      authority with respect to any area included therein, and to
1132      plan, establish, acquire, construct or reconstruct, enlarge or
1133      extend, equip, operate, finance, fund, and maintain
1134      improvements, systems, facilities, services, works, projects,
1135      and infrastructure. Any or all of the following special powers
1136      are granted by this act in order to implement the special and
1137      limited purpose of the district but do not constitute
1138      obligations to undertake such improvements, systems, facilities,
1139      services, works, projects, or infrastructure:
1140  (a)     To provide water management and control for the lands
1141      within the district, including irrigation systems and
1142      facilities, and to connect some or any of such facilities with
1143      roads and bridges. In the event that the board assumes the
1144      responsibility for providing water management and control for
1145      the district which is to be financed by benefit special
1146      assessments, the board shall adopt plans and assessments
1147      pursuant to law or may proceed to adopt water management and
1148      control plans, assess for benefits, and apportion and levy
1149      special assessments, as follows:
1150  1.      The board shall cause to be made by the district's
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1151      engineer, or such other engineer or engineers as the board may
1152      employ for that purpose, complete and comprehensive water
1153      management and control plans for the lands located within the
1154      district that will be improved in any part or in whole by any
1155      system of facilities that may be outlined and adopted, and the
1156      engineer shall make a report in writing to the board with maps
1157      and profiles of said surveys and an estimate of the cost of
1158      carrying out and completing the plans.
1159  2.      Upon the completion of such plans, the board shall hold
1160      a hearing thereon to hear objections thereto, shall give notice
1161      of the time and place fixed for such hearing by publication once
1162      each week for 2 consecutive weeks in a newspaper of general
1163      circulation in the general area of the district, and shall
1164      permit the inspection of the plan at the office of the district
1165      by all persons interested. All objections to the plan shall be
1166      filed at or before the time fixed in the notice for the hearing
1167      and shall be in writing.
1168  3.      After the hearing, the board shall consider the
1169      proposed plan and any objections thereto and may modify, reject,
1170      or adopt the plan or continue the hearing until a day certain
1171      for further consideration of the proposed plan or modifications
1172      thereof.
1173  4.      When the board approves a plan, a resolution shall be
1174      adopted and a certified copy thereof shall be filed in the
1175      office of the secretary and incorporated by him or her into the
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1176      records of the district.
1177  5.      The water management and control plan may be altered in
1178      detail from time to time until the engineer's report pursuant to
1179      s. 298.301, Florida Statutes, is filed but not in such manner as
1180      to affect materially the conditions of its adoption. After the
1181      engineer's report has been filed, no alteration of the plan
1182      shall be made, except as provided by this act.
1183  6.      Within 20 days after the final adoption of the plan by
1184      the board, the board shall proceed pursuant to s. 298.301,
1185      Florida Statutes.
1186  (b)      To provide utility systems, water supply, sewer,
1187      wastewater, and reclaimed water management, reclamation, and
1188      reuse, or any combination thereof, and any irrigation systems,
1189      facilities, and services and to construct and operate water
1190      systems, sewer systems, irrigation systems, and reclaimed water
1191      systems such as connecting intercepting or outlet sewers and
1192      sewer mains and pipes and water mains, conduits, or pipelines
1193      in, along, and under any street, alley, highway, or other public
1194      place or ways, and to dispose of any water, effluent, residue,
1195      or other byproducts of such water system, sewer system,
1196      irrigation system, or reclaimed water system and to enter into
1197      interlocal agreements and other agreements with public or
1198      private entities for the same.
1199  (c)      To provide bridges, culverts, wildlife corridors, or
1200      road crossings that may be needed across any drain, ditch,
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1201      canal, floodway, holding basin, excavation, public highway,
1202      tract, grade, fill, or cut and roadways over levees and
1203      embankments, and to construct any and all of such works and
1204      improvements across, through, or over any public right-of-way,
1205      highway, grade, fill, or cut.
1206  (d)     To provide district roads or other roads equal to or
1207      exceeding the specifications of the county in which such
1208      district roads or other roads are located, and to provide street
1209      lights. This special power includes, but is not limited to,
1210      roads, parkways, intersections, bridges, landscaping,
1211      hardscaping, irrigation, bicycle lanes, sidewalks, jogging
1212      paths, golf cart paths, multimodal and multiuse pathways and
1213      trails, street lighting, traffic signals, regulatory or
1214      informational signage, road striping, underground conduit,
1215      underground cable or fiber or wire installed pursuant to an
1216      agreement with or tariff of a retail provider of services, and
1217      all other customary elements of a functioning modern road system
1218      in general or as tied to the conditions of development approval
1219      for the area within and without the district, and parking
1220      facilities that are freestanding or that may be related to any
1221      innovative strategic intermodal system of transportation
1222      pursuant to applicable federal, state, and local law and
1223      ordinance.
1224  (e)     To provide buses, trolleys, rail access, mass transit
1225      facilities, transit shelters, ridesharing facilities and
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1226      services, parking improvements, and related signage.
1227  (f)     To provide investigation and remediation costs
1228      associated with the cleanup of actual or perceived environmental
1229      contamination within the district under the supervision or
1230      direction of a competent governmental authority unless the
1231      covered costs benefit any person who is a landowner within the
1232      district and who caused or contributed to the contamination.
1233  (g)     To provide observation areas, mitigation areas,
1234      wetland creation areas, and wildlife habitat, including the
1235      maintenance of any plant or animal species, and any related
1236      interest in real or personal property.
1237  (h)     Using its general and special powers as set forth in
1238      this act, to provide any other project within or without the
1239      boundaries of the district when the project is the subject of an
1240      agreement between the district and the Board of County
1241      Commissioners of Marion County or with any other applicable
1242      public or private entity, and is not inconsistent with the
1243      effective local comprehensive plans.
1244  (i)     To provide parks and facilities for indoor and outdoor
1245      recreational, cultural, and educational uses.
1246  (j)     To serve the public interest by providing new
1247      recreational trails that are interconnected with existing trails
1248      located within the Marjorie Harris Carr Cross Florida Greenway.
1249      Such trails will provide hiking, biking, and equestrian
1250      recreational opportunities consistent with the policy of the
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1251      Board of Trustees of the Internal Improvement Trust Fund
1252      encouraging public access upon state-owned uplands.
1253  (k)     To provide school buildings and related structures,
1254      which may be leased, sold, or donated to the school district,
1255      for use in the educational system when authorized by the
1256      district school board.
1257  (l)     To provide security, including electronic intrusion-
1258      detection systems and patrol vehicles, when authorized by proper
1259      governmental agencies, and to contract with the appropriate
1260      local general-purpose government agencies for an increased level
1261      of such services within the district boundaries. However, this
1262      paragraph does not prohibit the district from contracting with a
1263      towing operator to remove a vehicle or vessel from a district-
1264      owned facility or property if the district follows the
1265      authorization and notice and procedural requirements in s.
1266      715.07, Florida Statutes, for an owner or lessee of private
1267      property. The district's selection of a towing operator is not
1268      subject to public bidding if the towing operator is included in
1269      an approved list of tow operators maintained by the local
1270      government that has jurisdiction over the district's facility or
1271      property.
1272  (m)     To provide control and elimination of mosquitoes and
1273      other arthropods of public health importance.
1274  (n)     To enter into impact fee, mobility fee, or other
1275      similar credit agreements with Marion County or other
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1276      governmental bodies or a landowner developer and to sell or
1277      assign such credits, on such terms as the district deems
1278      appropriate.
1279  (o)     To provide buildings and structures for district
1280      offices; maintenance facilities; meeting facilities; town
1281      centers; stadiums; recreational facilities such as, but not
1282      limited to, sports fields, aquatic facilities, and sports
1283      courts; or any other project authorized or granted by this act.
1284  (p)     To establish and create, at noticed meetings, such
1285      departments of the board of supervisors of the district, as well
1286      as committees, task forces, boards, or commissions, or other
1287      agencies under the supervision and control of the district, as
1288      from time to time the members of the board may deem necessary or
1289      desirable in the performance of the acts or other things
1290      necessary to exercise the board's general or special powers to
1291      implement an innovative project to carry out the special and
1292      limited purpose of the district as provided in this act and to
1293      delegate the exercise of its powers to such departments, boards,
1294      task forces, committees, or other agencies, and such
1295      administrative duties and other powers as the board may deem
1296      necessary or desirable, but only if there is a set of expressed
1297      limitations for accountability, notice, and periodic written
1298      reporting to the board that shall retain the powers of the
1299      board.
1300  (q)     To provide electrical, sustainable, or green
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1301      infrastructure improvements, facilities, and services,
1302      including, but not limited to, recycling of natural resources,
1303      reduction of energy demands, development and generation of
1304      alternative or renewable energy sources and technologies,
1305      mitigation of urban heat islands, sequestration, capping or
1306      trading of carbon emissions or carbon emissions credits, LEED or
1307      Florida Green Building Coalition certification, and development
1308      of facilities and improvements for low-impact development and to
1309      enter into joint ventures, public-private partnerships, and
1310      other agreements and to grant such easements as may be necessary
1311      to accomplish the foregoing. Nothing herein shall authorize the
1312      district to provide electric service to retail customers or
1313      otherwise act to impair electric utility franchise agreements.
1314  (r)     To provide for any facilities or improvements that may
1315      otherwise be provided for by any county or municipality,
1316      including, but not limited to, libraries, annexes, substations,
1317      and other buildings to house public officials, staff, and
1318      employees.
1319  (s)     To provide waste collection and disposal.
1320  (t)     To provide for the construction and operation of
1321      communications systems and related infrastructure for the
1322      carriage and distribution of communications services, and to
1323      enter into joint ventures, public-private partnerships, and
1324      other agreements and to grant such easements as may be necessary
1325      to accomplish the foregoing. The term "communications systems"
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1326      means all facilities, buildings, equipment, items, and methods
1327      necessary or desirable in order to provide communications
1328      services, including, without limitation, fiber, wires, cables,
1329      conduits, electronic equipment, switches, wireless cell sites,
1330      computers, modems, antennas, satellite antennae sites,
1331      transmission facilities, network facilities, and appurtenant
1332      devices necessary and appropriate to support the provision of
1333      communications services. The term "communications services"
1334      includes, without limitation, all forms of broadband services,
1335      wireless communications services, and other communications or
1336      data transmissions services that enable users to access the
1337      Internet and internet-related services, such as, but not limed
1338      to, voice telephone or similar services provided by voiceover
1339      Internet protocol, cable television, data transmission services,
1340      electronic security monitoring services, and multichannel video
1341      programming distribution services. Nothing herein authorizes the
1342      district to provide communications services to retail customers
1343      or otherwise act to impair existing service provider franchise
1344      agreements; however, the district may contract with such
1345      providers for resale purposes.
1346  (u)     To provide health care facilities and to enter into
1347      public-private partnerships and agreements as may be necessary
1348      to accomplish the foregoing.
1349  (v)     To coordinate, work with, and, as the board deems
1350      appropriate, enter into interlocal agreements with any public or
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1351      private entity for the provision of an institution or
1352      institutions of higher education.
1353  (w)     To coordinate, work with, and as the board deems
1354      appropriate, enter into public-private partnerships and
1355      agreements as may be necessary or useful to effectuate the
1356      purposes of this act.
1357
1358      The enumeration of special powers herein shall not be deemed
1359      exclusive or restrictive but shall be deemed to incorporate all
1360      powers express or implied necessary or incidental to carrying
1361      out such enumerated special powers, including also the general
1362      powers provided by this special act charter to the district to
1363      implement its purposes. Further, this subsection shall be
1364      construed liberally in order to carry out effectively the
1365      special and limited purpose of this district under this act.
1366  (8)     ISSUANCE OF BOND ANTICIPATION NOTES.—In addition to
1367      the other powers provided for in this act, and not in limitation
1368      thereof, the district shall have the power, at any time and from
1369      time to time after the issuance of any bonds of the district
1370      shall have been authorized, to borrow money for the purposes for
1371      which such bonds are to be issued in anticipation of the receipt
1372      of the proceeds of the sale of such bonds and to issue bond
1373      anticipation notes in a principal sum not in excess of the
1374      authorized maximum amount of such bond issue. Such notes shall
1375      be in such denomination or denominations, bear interest at such
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1376      rate not to exceed the maximum rate allowed by general law,
1377      mature at such time or times not later than 5 years from the
1378      date of issuance, and be in such form and executed in such
1379      manner as the board shall prescribe. Such notes may be sold at
1380      either public or private sale or, if such notes shall be renewal
1381      notes, may be exchanged for notes then outstanding on such terms
1382      as the board shall determine. Such notes shall be paid from the
1383      proceeds of such bonds when issued. The board may, in its
1384      discretion, in lieu of retiring the notes by means of bonds,
1385      retire them by means of current revenues or from any taxes or
1386      assessments levied for the payment of such bonds, but, in such
1387      event, a like amount of the bonds authorized shall not be
1388      issued.
1389  (9)     BORROWING.—The district at any time may obtain loans,
1390      in such amount and on such terms and conditions as the board may
1391      approve, for the purpose of paying any of the expenses of the
1392      district or any costs incurred or that may be incurred in
1393      connection with any of the projects of the district, which loans
1394      shall bear interest as the board determines, not to exceed the
1395      maximum rate allowed by general law, and may be payable from and
1396      secured by a pledge of such funds, revenues, taxes, and
1397      assessments as the board may determine, subject, however, to the
1398      provisions contained in any proceeding under which bonds were
1399      theretofore issued and are then outstanding. For the purpose of
1400      defraying such costs and expenses, the district may issue
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1401      negotiable notes, warrants, or other evidences of debt to be
1402      payable at such times and to bear such interest as the board may
1403      determine, not to exceed the maximum rate allowed by general
1404      law, and to be sold or discounted at such price or prices not
1405      less than 95 percent of par value and on such terms as the board
1406      may deem advisable. The board shall have the right to provide
1407      for the payment thereof by pledging the whole or any part of the
1408      funds, revenues, taxes, and assessments of the district or by
1409      covenanting to budget and appropriate from such funds. The
1410      approval of the electors residing in the district shall not be
1411      necessary except when required by the State Constitution.
1412  (10)        BONDS.—
1413  (a)     Sale of bonds.—Bonds may be sold in blocks or
1414      installments at different times, or an entire issue or series
1415      may be sold at one time. Bonds may be sold at public or private
1416      sale after such advertisement, if any, as the board may deem
1417      advisable, but not in any event at less than 90 percent of the
1418      par value thereof, together with accrued interest thereon. Bonds
1419      may be sold or exchanged for refunding bonds. Special assessment
1420      and revenue bonds may be delivered by the district as payment of
1421      the purchase price of any project or part thereof, or a
1422      combination of projects or parts thereof, or as the purchase
1423      price or exchange for any property, real, personal, or mixed,
1424      including franchises or services rendered by any contractor,
1425      engineer, or other person, all at one time or in blocks from
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1426      time to time, in such manner and upon such terms as the board in
1427      its discretion shall determine. The price or prices for any
1428      bonds sold, exchanged, or delivered may be:
1429  1.      The money paid for the bonds.
1430  2.      The principal amount, plus accrued interest to the date
1431      of redemption or exchange, or outstanding obligations exchanged
1432      for refunding bonds.
1433  3.      In the case of special assessment or revenue bonds, the
1434      amount of any indebtedness to contractors or other persons paid
1435      with such bonds, or the fair value of any properties exchanged
1436      for the bonds, as determined by the board.
1437  (b)      Authorization and form of bonds.—Any general
1438      obligation bonds, special assessment bonds, or revenue bonds may
1439      be authorized by resolution or resolutions of the board which
1440      shall be adopted by a majority of all the members thereof then
1441      in office. Such resolution or resolutions may be adopted at the
1442      same meeting at which they are introduced and need not be
1443      published or posted. The board may, by resolution, authorize the
1444      issuance of bonds and fix the aggregate amount of bonds to be
1445      issued; the purpose or purposes for which the moneys derived
1446      therefrom shall be expended, including, but not limited to,
1447      payment of costs as defined in section 2(2)(h); the rate or
1448      rates of interest, not to exceed the maximum rate allowed by
1449      general law; the denomination of the bonds; whether or not the
1450      bonds are to be issued in one or more series; the date or dates
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1451      of maturity, which shall not exceed 40 years from their
1452      respective dates of issuance; the medium of payment; the place
1453      or places within or without the state at which payment shall be
1454      made; registration privileges; redemption terms and privileges,
1455      whether with or without premium; the manner of execution; the
1456      form of the bonds, including any interest coupons to be attached
1457      thereto; the manner of execution of bonds and coupons; and any
1458      and all other terms, covenants, and conditions thereof and the
1459      establishment of revenue or other funds. Such authorizing
1460      resolution or resolutions may further provide for the contracts
1461      authorized by s. 159.825(1)(f) and (g), Florida Statutes,
1462      regardless of the tax treatment of such bonds being authorized,
1463      subject to the finding by the board of a net saving to the
1464      district resulting by reason thereof. Such authorizing
1465      resolution may further provide that such bonds may be executed
1466      in accordance with the Registered Public Obligations Act, except
1467      that bonds not issued in registered form shall be valid if
1468      manually countersigned by an officer designated by appropriate
1469      resolution of the board. The seal of the district may be
1470      affixed, lithographed, engraved, or otherwise reproduced in
1471      facsimile on such bonds. In case any officer whose signature
1472      shall appear on any bonds or coupons shall cease to be such
1473      officer before the delivery of such bonds, such signature or
1474      facsimile shall nevertheless be valid and sufficient for all
1475      purposes the same as if he or she had remained in office until
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1476      such delivery.
1477  (c)     Interim certificates; replacement certificates.—
1478      Pending the preparation of definitive bonds, the board may issue
1479      interim certificates or receipts or temporary bonds, in such
1480      form and with such provisions as the board may determine,
1481      exchangeable for definitive bonds when such bonds have been
1482      executed and are available for delivery. The board may also
1483      provide for the replacement of any bonds which become mutilated,
1484      lost, or destroyed.
1485  (d)     Negotiability of bonds.—Any bond issued under this act
1486      or any temporary bond, in the absence of an express recital on
1487      the face thereof that it is nonnegotiable, shall be fully
1488      negotiable and shall be and constitute a negotiable instrument
1489      within the meaning and for all purposes of the law merchant and
1490      the laws of the state.
1491  (e)     Defeasance.—The board may make such provision with
1492      respect to the defeasance of the right, title, and interest of
1493      the holders of any of the bonds and obligations of the district
1494      in any revenues, funds, or other properties by which such bonds
1495      are secured as the board deems appropriate and, without
1496      limitation on the foregoing, may provide that when such bonds or
1497      obligations become due and payable or shall have been called for
1498      redemption and the whole amount of the principal and interest
1499      and premium, if any, due and payable upon the bonds or
1500      obligations then outstanding shall be held in trust for such
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1501      purpose, and provision shall also be made for paying all other
1502      sums payable in connection with such bonds or other obligations,
1503      then and in such event the right, title, and interest of the
1504      holders of the bonds in any revenues, funds, or other properties
1505      by which such bonds are secured shall thereupon cease,
1506      terminate, and become void; and the board may apply any surplus
1507      in any sinking fund established in connection with such bonds or
1508      obligations and all balances remaining in all other funds or
1509      accounts other than moneys held for the redemption or payment of
1510      the bonds or other obligations to any lawful purpose of the
1511      district as the board shall determine.
1512  (f)     Issuance of additional bonds.—If the proceeds of any
1513      bonds are less than the cost of completing the project in
1514      connection with which such bonds were issued, the board may
1515      authorize the issuance of additional bonds, upon such terms and
1516      conditions as the board may provide in the resolution
1517      authorizing the issuance thereof, but only in compliance with
1518      the resolution or other proceedings authorizing the issuance of
1519      the original bonds.
1520  (g)     Refunding bonds.—The district shall have the power to
1521      issue bonds to provide for the retirement or refunding of any
1522      bonds or obligations of the district that at the time of such
1523      issuance are or subsequent thereto become due and payable, or
1524      that at the time of issuance have been called or are, or will
1525      be, subject to call for redemption within 10 years thereafter,
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1526      or the surrender of which can be procured from the holders
1527      thereof at prices satisfactory to the board. Refunding bonds may
1528      be issued at any time that, in the judgment of the board, such
1529      issuance will be advantageous to the district. No approval of
1530      the qualified electors residing in the district shall be
1531      required for the issuance of refunding bonds except in cases in
1532      which such approval is required by the State Constitution. The
1533      board may by resolution confer upon the holders of such
1534      refunding bonds all rights, powers, and remedies to which the
1535      holders would be entitled if they continued to be the owners and
1536      had possession of the bonds for the refinancing of which such
1537      refunding bonds are issued, including, but not limited to, the
1538      preservation of the lien of such bonds on the revenues of any
1539      project or on pledged funds, without extinguishment, impairment,
1540      or diminution thereof. The provisions of this act pertaining to
1541      bonds of the district shall, unless the context otherwise
1542      requires, govern the issuance of refunding bonds, the form and
1543      other details thereof, the rights of the holders thereof, and
1544      the duties of the board with respect thereto.
1545  (h)      Revenue bonds.—
1546  1.      The district shall have the power to issue revenue
1547      bonds from time to time without limitation as to amount. Such
1548      revenue bonds may be secured by, or payable from, the gross or
1549      net pledge of the revenues to be derived from any project or
1550      combination of projects; from the rates, fees, or other charges
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1551      to be collected from the users of any project or projects; from
1552      any revenue-producing undertaking or activity of the district;
1553      from special assessments; from benefit special assessments; or
1554      from any other source or pledged security. Such bonds shall not
1555      constitute an indebtedness of the district, and the approval of
1556      the qualified electors shall not be required unless such bonds
1557      are additionally secured by the full faith and credit and taxing
1558      power of the district.
1559  2.      Any two or more projects may be combined and
1560      consolidated into a single project and may hereafter be operated
1561      and maintained as a single project. The revenue bonds authorized
1562      herein may be issued to finance any one or more of such
1563      projects, regardless of whether such projects have been combined
1564      and consolidated into a single project. If the board deems it
1565      advisable, the proceedings authorizing such revenue bonds may
1566      provide that the district may thereafter combine the projects
1567      then being financed or theretofore financed with other projects
1568      to be subsequently financed by the district and that revenue
1569      bonds to be thereafter issued by the district shall be on parity
1570      with the revenue bonds then being issued, all on such terms,
1571      conditions, and limitations as shall have been provided in the
1572      proceeding which authorized the original bonds.
1573  (i)      General obligation bonds.—
1574  1.      Subject to the limitations of this charter, the
1575      district shall have the power from time to time to issue general
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1576      obligation bonds to finance or refinance capital projects or to
1577      refund outstanding bonds in an aggregate principal amount of
1578      bonds outstanding at any one time not in excess of 35 percent of
1579      the assessed value of the taxable property within the district
1580      as shown on the pertinent tax records at the time of the
1581      authorization of the general obligation bonds for which the full
1582      faith and credit of the district is pledged. Except for
1583      refunding bonds, no general obligation bonds shall be issued
1584      unless the bonds are issued to finance or refinance a capital
1585      project and the issuance has been approved at an election held
1586      in accordance with the requirements for such election as
1587      prescribed by the State Constitution. Such elections shall be
1588      called to be held in the district by the Supervisor of Elections
1589      of Marion County upon the request of the board of the district.
1590      The expenses of calling and holding an election shall be at the
1591      expense of the district and the district shall reimburse the
1592      county for any expenses incurred in calling or holding such
1593      election.
1594  2.      The district may pledge its full faith and credit for
1595      the payment of the principal and interest on such general
1596      obligation bonds and for any reserve funds provided therefor and
1597      may unconditionally and irrevocably pledge itself to levy ad
1598      valorem taxes on all taxable property in the district, to the
1599      extent necessary for the payment thereof, without limitation as
1600      to rate or amount.
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1601  3.      If the board determines to issue general obligation
1602      bonds for more than one capital project, the approval of the
1603      issuance of the bonds for each and all such projects may be
1604      submitted to the electors on one and the same ballot. The
1605      failure of the electors to approve the issuance of bonds for any
1606      one or more capital projects shall not defeat the approval of
1607      bonds for any capital project which has been approved by the
1608      electors.
1609  4.      In arriving at the amount of general obligation bonds
1610      permitted to be outstanding at any one time pursuant to
1611      subparagraph 1., there shall not be included any general
1612      obligation bonds that are additionally secured by the pledge of:
1613  a.      Any assessments levied in an amount sufficient to pay
1614      the principal and interest on the general obligation bonds so
1615      additionally secured, which assessments have been equalized and
1616      confirmed by resolution of the board pursuant to this act or s.
1617      170.08, Florida Statutes.
1618  b.      Water revenues, sewer revenues, or water and sewer
1619      revenues of the district to be derived from user fees in an
1620      amount sufficient to pay the principal and interest on the
1621      general obligation bonds so additionally secured.
1622  c.      Any combination of assessments and revenues described
1623      in sub-subparagraphs a. and b.
1624  (j)      Bonds as legal investment or security.—
1625  1.      Notwithstanding any other law to the contrary, all
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1626      bonds issued under this act shall constitute legal investments
1627      for savings banks, banks, trust companies, insurance companies,
1628      executors, administrators, trustees, guardians, and other
1629      fiduciaries and for any board, body, agency, instrumentality,
1630      county, municipality, or other political subdivision of the
1631      state and shall be and constitute security which may be
1632      deposited by banks or trust companies as security for deposits
1633      of state, county, municipal, or other public funds or by
1634      insurance companies as required or voluntary statutory deposits.
1635  2.      Any bonds issued by the district shall be incontestable
1636      in the hands of bona fide purchasers or holders for value and
1637      shall not be invalid because of any irregularity or defect in
1638      the proceedings for the issue and sale thereof.
1639  (k)      Covenants.—Any resolution authorizing the issuance of
1640      bonds may contain such covenants as the board may deem
1641      advisable, and all such covenants shall constitute valid and
1642      legally binding and enforceable contracts between the district
1643      and the bondholders, regardless of the time of issuance thereof.
1644      Such covenants may include, without limitation, covenants
1645      concerning the disposition of the bond proceeds; the use and
1646      disposition of project revenues; the pledging of revenues,
1647      taxes, and assessments; the obligations of the district with
1648      respect to the operation of the project and the maintenance of
1649      adequate project revenues; the issuance of additional bonds; the
1650      appointment, powers, and duties of trustees and receivers; the
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1651      acquisition of outstanding bonds and obligations; restrictions
1652      on the establishing of competing projects or facilities;
1653      restrictions on the sale or disposal of the assets and property
1654      of the district; the priority of assessment liens; the priority
1655      of claims by bondholders on the taxing power of the district;
1656      the maintenance of deposits to ensure the payment of revenues by
1657      users of district facilities and services; the discontinuance of
1658      district services by reason of delinquent payments; acceleration
1659      upon default; the execution of necessary instruments; the
1660      procedure for amending or abrogating covenants with the
1661      bondholders; and such other covenants as may be deemed necessary
1662      or desirable for the security of the bondholders.
1663  (l)     Validation proceedings.—The power of the district to
1664      issue bonds under this act may be determined, and any of the
1665      bonds of the district maturing over a period of more than 5
1666      years shall be validated and confirmed, by court decree, under
1667      chapter 75, Florida Statutes, and laws amendatory thereof or
1668      supplementary thereto.
1669  (m)     Tax exemption.—To the extent allowed by general law,
1670      all bonds issued hereunder and interest paid thereon and all
1671      fees, charges, and other revenues derived by the district from
1672      the projects provided by this act are exempt from all taxes by
1673      the state or by any political subdivision, agency, or
1674      instrumentality thereof; however, any interest, income, or
1675      profits on debt obligations issued hereunder are not exempt from
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1676      the tax imposed by chapter 220, Florida Statutes. Further, the
1677      district is not exempt from chapter 212, Florida Statutes.
1678  (n)     Application of s. 189.051, Florida Statutes.—Bonds
1679      issued by the district shall meet the criteria set forth in s.
1680      189.051, Florida Statutes.
1681  (o)     Act furnishes full authority for issuance of bonds.—
1682      This act constitutes full and complete authority for the
1683      issuance of bonds and the exercise of the powers of the district
1684      provided herein. No procedures or proceedings, publications,
1685      notices, consents, approvals, orders, acts, or things by the
1686      board, or any board, officer, commission, department, agency, or
1687      instrumentality of the district, other than those required by
1688      this act, shall be required to perform anything under this act,
1689      except that the issuance or sale of bonds pursuant to this act
1690      shall comply with the general law requirements applicable to the
1691      issuance or sale of bonds by the district. Nothing in this act
1692      shall be construed to authorize the district to utilize bond
1693      proceeds to fund the ongoing operations of the district.
1694  (p)     Pledge by the state to the bondholders of the
1695      district.—The state pledges to the holders of any bonds issued
1696      under this act that it will not limit or alter the rights of the
1697      district to own, acquire, construct, reconstruct, improve,
1698      maintain, operate, or furnish the projects or to levy and
1699      collect the taxes, assessments, rentals, rates, fees, and other
1700      charges provided for herein and to fulfill the terms of any
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1701      agreement made with the holders of such bonds or other
1702      obligations and that it will not in any way impair the rights or
1703      remedies of such holders.
1704  (q)     Default.—A default on the bonds or obligations of the
1705      district shall not constitute a debt or obligation of the state
1706      or any general-purpose local government of the state. In the
1707      event of a default or dissolution of the district, no general-
1708      purpose local government shall be required to assume the
1709      property of the district, the debts of the district, or the
1710      district's obligations to complete any infrastructure
1711      improvements or provide any services to the district. Section
1712      189.076(2), Florida Statutes, shall not apply to the district.
1713  (11)        TRUST AGREEMENTS.—Any issue of bonds shall be secured
1714      by a trust agreement or resolution by and between the district
1715      and a corporate trustee or trustees, which may be any trust
1716      company or bank having the powers of a trust company within or
1717      without the state. The resolution authorizing the issuance of
1718      the bonds or such trust agreement may pledge the revenues to be
1719      received from any projects of the district and may contain such
1720      provisions for protecting and enforcing the rights and remedies
1721      of the bondholders as the board may approve, including, without
1722      limitation, covenants setting forth the duties of the district
1723      in relation to: the acquisition, construction, reconstruction,
1724      improvement, maintenance, repair, operation, and insurance of
1725      any projects; the fixing and revising of the rates, fees, and
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1726      charges; and the custody, safeguarding, and application of all
1727      moneys and for the employment of consulting engineers in
1728      connection with such acquisition, construction, reconstruction,
1729      improvement, maintenance, repair, or operation. It shall be
1730      lawful for any bank or trust company within or without the state
1731      which may act as a depository of the proceeds of bonds or of
1732      revenues to furnish such indemnifying bonds or to pledge such
1733      securities as may be required by the district. Such resolution
1734      or trust agreement may set forth the rights and remedies of the
1735      bondholders and of the trustee, if any, and may restrict the
1736      individual right of action by bondholders. The board may provide
1737      for the payment of proceeds of the sale of the bonds and the
1738      revenues of any project to such officer, board, or depository as
1739      it may designate for the custody thereof and may provide for the
1740      method of disbursement thereof with such safeguards and
1741      restrictions as it may determine. All expenses incurred in
1742      carrying out the provisions of such resolution or trust
1743      agreement may be treated as part of the cost of operation of the
1744      project to which such resolution or trust agreement pertains.
1745  (12)        AD VALOREM TAXES; ASSESSMENTS, BENEFIT SPECIAL
1746      ASSESSMENTS, MAINTENANCE SPECIAL ASSESSMENTS, AND SPECIAL
1747      ASSESSMENTS; MAINTENANCE TAXES.—
1748  (a)     Ad valorem taxes.—At such time as all members of the
1749      board are qualified electors who are elected by qualified
1750      electors of the district, the board shall have the power to levy
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1751      and assess an ad valorem tax on all the taxable property in the
1752      district to construct, operate, and maintain assessable
1753      improvements; to pay the principal of, and interest on, any
1754      general obligation bonds of the district; and to provide for any
1755      sinking or other funds established in connection with any such
1756      bonds. An ad valorem tax levied by the board for operating
1757      purposes, exclusive of debt service on bonds, shall not exceed 3
1758      mills. The ad valorem tax provided for herein shall be in
1759      addition to county and all other ad valorem taxes provided for
1760      by law. Such tax shall be assessed, levied, and collected in the
1761      same manner and at the same time as county taxes. The levy of ad
1762      valorem taxes must be approved by referendum as required by s.
1763      9, Article VII of the State Constitution and held at a general
1764      election.
1765  (b)     Benefit special assessments.—The board annually shall
1766      determine, order, and levy the annual installment of the total
1767      benefit special assessments for bonds issued and related
1768      expenses to finance assessable improvements. These assessments
1769      may be due and collected during each year county taxes are due
1770      and collected, in which case such annual installment and levy
1771      shall be evidenced to and certified to the property appraiser by
1772      the board not later than August 31 of each year. Such assessment
1773      shall be entered by the property appraiser on the county tax
1774      rolls and shall be collected and enforced by the tax collector
1775      in the same manner and at the same time as county taxes, and the
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1776      proceeds thereof shall be paid to the district. However, this
1777      paragraph shall not prohibit the district in its discretion from
1778      using the method prescribed in s. 197.3632, Florida Statutes, or
1779      chapter 173, Florida Statutes, as each may be amended from time
1780      to time, for collecting and enforcing these assessments. Each
1781      annual installment of benefit special assessments shall be a
1782      lien on the property against which assessed until paid and shall
1783      be enforceable in like manner as county taxes. The amount of the
1784      assessment for the exercise of the district's powers under
1785      subsections (6) and (7) shall be determined by the board based
1786      upon a report of the district's engineer and assessed by the
1787      board upon such lands, which may be part or all of the lands
1788      within the district benefited by the improvement, apportioned
1789      between benefited lands in proportion to the benefits received
1790      by each tract of land. The board may, if it determines it is in
1791      the best interests of the district, set forth in the proceedings
1792      initially levying such benefit special assessments or in
1793      subsequent proceedings a formula for the determination of an
1794      amount, which when paid by a taxpayer with respect to any tax
1795      parcel, shall constitute a prepayment of all future annual
1796      installments of such benefit special assessments and that the
1797      payment of which amount with respect to such tax parcel shall
1798      relieve and discharge such tax parcel of the lien of such
1799      benefit special assessments and any subsequent annual
1800      installment thereof. The board may provide further that upon
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1801      delinquency in the payment of any annual installment of benefit
1802      special assessments, the prepayment amount of all future annual
1803      installments of benefit special assessments as determined in the
1804      preceding sentence shall be and become immediately due and
1805      payable together with such delinquent annual installment.
1806  (c)     Non-ad valorem maintenance taxes.—If and when
1807      authorized by general law, to maintain and to preserve the
1808      physical facilities and services constituting the works,
1809      improvements, or infrastructure owned by the district pursuant
1810      to this act, to repair and restore any one or more of them, when
1811      needed, and to defray the current expenses of the district,
1812      including any sum which may be required to pay state and county
1813      ad valorem taxes on any lands which may have been purchased and
1814      which are held by the district under this act, the board of
1815      supervisors may, upon the completion of said systems,
1816      facilities, services, works, improvements, or infrastructure, in
1817      whole or in part, as may be certified to the board by the
1818      engineer of the board, levy annually a non-ad valorem and
1819      nonmillage tax upon each tract or parcel of land within the
1820      district, to be known as a "maintenance tax." This non-ad
1821      valorem maintenance tax shall be apportioned upon the basis of
1822      the net assessments of benefits assessed as accruing from the
1823      original construction and shall be evidenced to and certified by
1824      the board of supervisors of the district not later than June 1
1825      of each year to the Marion County tax collector and shall be
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1826      extended on the tax rolls and collected by the tax collector on
1827      the merged collection roll of the tax collector in the same
1828      manner and at the same time as county ad valorem taxes, and the
1829      proceeds therefrom shall be paid to the district. This non-ad
1830      valorem maintenance tax shall be a lien until paid on the
1831      property against which assessed and enforceable in like manner
1832      and of the same dignity as county ad valorem taxes.
1833  (d)     Maintenance special assessments.—To maintain and
1834      preserve the facilities and projects of the district, the board
1835      may levy a maintenance special assessment. This assessment may
1836      be evidenced to and certified to the tax collector by the board
1837      of supervisors not later than August 31 of each year and shall
1838      be entered by the property appraiser on the county tax rolls and
1839      shall be collected and enforced by the tax collector in the same
1840      manner and at the same time as county taxes, and the proceeds
1841      therefrom shall be paid to the district. However, this paragraph
1842      shall not prohibit the district in its discretion from using the
1843      method prescribed in s. 197.363, s. 197.3631, or s. 197.3632,
1844      Florida Statutes, for collecting and enforcing these
1845      assessments. These maintenance special assessments shall be a
1846      lien on the property against which assessed until paid and shall
1847      be enforceable in like manner as county taxes. The amount of the
1848      maintenance special assessment for the exercise of the
1849      district's powers under this section shall be determined by the
1850      board based upon a report of the district's engineer and
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1851      assessed by the board upon such lands, which may be all of the
1852      lands within the district benefited by the maintenance thereof,
1853      apportioned between the benefited lands in proportion to the
1854      benefits received by each tract of land.
1855  (e)     Special assessments.—The board may levy and impose any
1856      special assessments pursuant to this subsection.
1857  (f)     Enforcement of taxes.—The collection and enforcement
1858      of all taxes levied by the district shall be at the same time
1859      and in like manner as county taxes, and the general law relating
1860      to the sale of lands for unpaid and delinquent county taxes; the
1861      issuance, sale, and delivery of tax certificates for such unpaid
1862      and delinquent county taxes; the redemption thereof; the
1863      issuance to individuals of tax deeds based thereon; and all
1864      other procedures in connection therewith shall be applicable to
1865      the district to the same extent as if such statutory provisions
1866      were expressly set forth herein. All taxes shall be subject to
1867      the same discounts as county taxes.
1868  (g)     When unpaid tax is delinquent; penalty.—All taxes
1869      provided for in this act shall become delinquent and bear
1870      penalties on the amount of such taxes in the same manner as
1871      county taxes.
1872  (h)     Status of assessments.—Benefit special assessments,
1873      maintenance special assessments, and special assessments are
1874      hereby found and determined to be non-ad valorem assessments as
1875      defined by s. 197.3632, Florida Statutes. Maintenance taxes are
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1876      non-ad valorem taxes and are not special assessments.
1877  (i)     Assessments constitute liens; collection.—Any and all
1878      assessments, including special assessments, benefit special
1879      assessments, and maintenance special assessments authorized by
1880      this section, and including special assessments as defined by
1881      section 2(2)(aa) and granted and authorized by this subsection,
1882      and including maintenance taxes if authorized by general law,
1883      shall constitute a lien on the property against which assessed
1884      from the date of levy and imposition thereof until paid, coequal
1885      with the lien of state, county, municipal, and school board
1886      taxes. These assessments may be collected, at the district's
1887      discretion, under authority of s. 197.3631, Florida Statutes, as
1888      amended from time to time, by the tax collector pursuant to ss.
1889      197.3632 and 197.3635, Florida Statutes, as amended from time to
1890      time, or in accordance with other collection measures provided
1891      by law. In addition to, and not in limitation of, any powers
1892      otherwise set forth herein or in general law, these assessments
1893      may also be enforced pursuant to chapter 173, Florida Statutes,
1894      as amended from time to time.
1895  (j)     Land owned by governmental entity.—Except as otherwise
1896      provided by law, no levy of ad valorem taxes or non-ad valorem
1897      assessments under this act or chapter 170 or chapter 197,
1898      Florida Statutes, as each may be amended from time to time, or
1899      otherwise, by a board of the district, on property of a
1900      governmental entity that is subject to a ground lease as
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1901      described in s. 190.003(14), Florida Statutes, shall constitute
1902      a lien or encumbrance on the underlying fee interest of such
1903      governmental entity.
1904  (13)        SPECIAL ASSESSMENTS.—
1905  (a)      As an alternative method to the levy and imposition of
1906      special assessments pursuant to chapter 170, Florida Statutes,
1907      pursuant to the authority of s. 197.3631, Florida Statutes, or
1908      pursuant to general law, now or hereafter enacted, which
1909      provides a supplemental means or authority to impose, levy, and
1910      collect special assessments as otherwise authorized under this
1911      act, the board may levy and impose special assessments to
1912      finance the exercise of any of its powers permitted under this
1913      act using the following uniform procedures:
1914  1.      At a noticed meeting, the board of supervisors of the
1915      district may consider and review an engineer's report on the
1916      costs of the systems, facilities, and services to be provided, a
1917      preliminary special assessment methodology, and a preliminary
1918      roll based on acreage or platted lands, depending upon whether
1919      platting has occurred.
1920  a.      The special assessment methodology shall address and
1921      discuss and the board shall consider whether the systems,
1922      facilities, and services being contemplated will result in
1923      special benefits peculiar to the property, different in kind and
1924      degree than general benefits, as a logical connection between
1925      the systems, facilities, and services themselves and the
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1926      property, and whether the duty to pay the special assessments by
1927      the property owners is apportioned in a manner that is fair and
1928      equitable and not in excess of the special benefit received. It
1929      shall be fair and equitable to designate a fixed proportion of
1930      the annual debt service, together with interest thereon, on the
1931      aggregate principal amount of bonds issued to finance such
1932      systems, facilities, and services which give rise to unique,
1933      special, and peculiar benefits to property of the same or
1934      similar characteristics under the special assessment methodology
1935      so long as such fixed proportion does not exceed the unique,
1936      special, and peculiar benefits enjoyed by such property from
1937      such systems, facilities, and services.
1938  b.      The engineer's cost report shall identify the nature of
1939      the proposed systems, facilities, and services, their location,
1940      a cost breakdown plus a total estimated cost, including cost of
1941      construction or reconstruction, labor, and materials, lands,
1942      property, rights, easements, franchises, or systems, facilities,
1943      and services to be acquired, cost of plans and specifications,
1944      surveys of estimates of costs and revenues, costs of
1945      engineering, legal, and other professional consultation
1946      services, and other expenses or costs necessary or incidental to
1947      determining the feasibility or practicability of such
1948      construction, reconstruction, or acquisition, administrative
1949      expenses, relationship to the authority and power of the
1950      district in its charter, and such other expenses or costs as may
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1951      be necessary or incidental to the financing to be authorized by
1952      the board of supervisors.
1953  c.      The preliminary special assessment roll will be in
1954      accordance with the assessment methodology as may be adopted by
1955      the board of supervisors; the special assessment roll shall be
1956      completed as promptly as possible and shall show the acreage,
1957      lots, lands, or plats assessed and the amount of the fairly and
1958      reasonably apportioned assessment based on special and peculiar
1959      benefit to the property, lot, parcel, or acreage of land; and,
1960      if the special assessment against such lot, parcel, acreage, or
1961      portion of land is to be paid in installments, the number of
1962      annual installments in which the special assessment is divided
1963      shall be entered into and shown upon the special assessment
1964      roll.
1965  2.      The board of supervisors of the district may determine
1966      and declare by an initial special assessment resolution to levy
1967      and assess the special assessments with respect to assessable
1968      improvements stating the nature of the systems, facilities, and
1969      services, improvements, projects, or infrastructure constituting
1970      such assessable improvements, the information in the engineer's
1971      cost report, the information in the special assessment
1972      methodology as determined by the board at the noticed meeting
1973      and referencing and incorporating as part of the resolution the
1974      engineer's cost report, the preliminary special assessment
1975      methodology, and the preliminary special assessment roll as
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1976      referenced exhibits to the resolution by reference. If the board
1977      determines to declare and levy the special assessments by the
1978      initial special assessment resolution, the board shall also
1979      adopt and declare a notice resolution which shall provide and
1980      cause the initial special assessment resolution to be published
1981      once a week for a period of 2 weeks in newspapers of general
1982      circulation published in Marion County and said board shall by
1983      the same resolution fix a time and place at which the owner or
1984      owners of the property to be assessed or any other persons
1985      interested therein may appear before said board and be heard as
1986      to the propriety and advisability of making such improvements,
1987      as to the costs thereof, as to the manner of payment therefor,
1988      and as to the amount thereof to be assessed against each
1989      property so improved. Thirty days' notice in writing of such
1990      time and place shall be given to such property owners. The
1991      notice shall include the amount of the special assessment and
1992      shall be served by mailing a copy to each assessed property
1993      owner at his or her last known address, the names and addresses
1994      of such property owners to be obtained from the record of the
1995      property appraiser of the county political subdivision in which
1996      the land is located or from such other sources as the district
1997      manager or engineer deems reliable, and proof of such mailing
1998      shall be made by the affidavit of the district manager or by the
1999      engineer, said proof to be filed with the district manager,
2000      provided that failure to mail said notice or notices shall not
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2001      invalidate any of the proceedings hereunder. It is provided
2002      further that the last publication shall be at least 1 week prior
2003      to the date of the hearing on the final special assessment
2004      resolution. Said notice shall describe the general areas to be
2005      improved and advise all persons interested that the description
2006      of each property to be assessed and the amount to be assessed to
2007      each piece, parcel, lot, or acre of property may be ascertained
2008      at the office of the district manager. Such service by
2009      publication shall be verified by the affidavit of the publisher
2010      and filed with the district manager. Moreover, the initial
2011      special assessment resolution with its attached, referenced, and
2012      incorporated engineer's cost report, preliminary special
2013      assessment methodology, and preliminary special assessment roll,
2014      along with the notice resolution, shall be available for public
2015      inspection at the office of the district manager and the office
2016      of the engineer or any other office designated by the board of
2017      supervisors in the notice resolution. Notwithstanding the
2018      foregoing, the landowners of all of the property which is
2019      proposed to be assessed may give the district written notice of
2020      waiver of any notice and publication provided for in this
2021      subparagraph and such notice and publication shall not be
2022      required, provided, however, that any meeting of the board of
2023      supervisors to consider such resolution shall be a publicly
2024      noticed meeting.
2025  3.      At the time and place named in the noticed resolution
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2026      as provided for in subparagraph 2., the board of supervisors of
2027      the district shall meet and hear testimony from affected
2028      property owners as to the propriety and advisability of making
2029      the systems, facilities, services, projects, works,
2030      improvements, or infrastructure and funding them with
2031      assessments referenced in the initial special assessment
2032      resolution on the property. Following the testimony and
2033      questions from the members of the board or any professional
2034      advisors to the district of the preparers of the engineer's cost
2035      report, the special assessment methodology, and the special
2036      assessment roll, the board of supervisors shall make a final
2037      decision on whether to levy and assess the particular special
2038      assessments. Thereafter, the board of supervisors shall meet as
2039      an equalizing board to hear and to consider any and all
2040      complaints as to the particular special assessments and shall
2041      adjust and equalize the special assessments to ensure proper
2042      assessment based on the benefit conferred on the property.
2043  4.      When so equalized and approved by resolution or
2044      ordinance by the board of supervisors, to be called the final
2045      special assessment resolution, a final special assessment roll
2046      shall be filed with the clerk of the board and such special
2047      assessment shall stand confirmed and remain legal, valid, and
2048      binding first liens on the property against which such special
2049      assessments are made until paid, equal in dignity to the first
2050      liens of ad valorem taxation of county and municipal governments
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2051      and school boards. However, upon completion of the systems,
2052      facilities, services, projects, improvements, works, or
2053      infrastructure, the district shall credit to each of the
2054      assessments the difference in the special assessment as
2055      originally made, approved, levied, assessed, and confirmed and
2056      the proportionate part of the actual cost of the improvement to
2057      be paid by the particular special assessments as finally
2058      determined upon the completion of the improvement; but in no
2059      event shall the final special assessment exceed the amount of
2060      the special and peculiar benefits as apportioned fairly and
2061      reasonably to the property from the system, facility, or service
2062      being provided as originally assessed. Promptly after such
2063      confirmation, the special assessment shall be recorded by the
2064      clerk of the district in the minutes of the proceedings of the
2065      district, and the record of the lien in this set of minutes
2066      shall constitute prima facie evidence of its validity. The board
2067      of supervisors, in its sole discretion, may by resolution grant
2068      a discount equal to all or a part of the payee's proportionate
2069      share of the cost of the project consisting of bond financing
2070      cost, such as capitalized interest, funded reserves, and bond
2071      discounts included in the estimated cost of the project, upon
2072      payment in full of any special assessments during such period
2073      prior to the time such financing costs are incurred as may be
2074      specified by the board of supervisors in such resolution.
2075  5.      District special assessments may be made payable in
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2076      installments over no more than 40 years from the date of the
2077      payment of the first installment thereof and may bear interest
2078      at fixed or variable rates.
2079  (b)     Notwithstanding any provision of this act or chapter
2080      170, Florida Statutes, that portion of s. 170.09, Florida
2081      Statutes, that provides that special assessments may be paid
2082      without interest at any time within 30 days after the
2083      improvement is completed and a resolution accepting the same has
2084      been adopted by the governing authority shall not be applicable
2085      to any district special assessments, whether imposed, levied,
2086      and collected pursuant to this act or other general laws,
2087      including, but not limited to, chapter 170, Florida Statutes.
2088  (c)     In addition, the district is authorized expressly in
2089      the exercise of its rulemaking power to adopt a rule or rules
2090      which provide for notice, levy, imposition, equalization, and
2091      collection of assessments.
2092  (14)        ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON
2093      ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.—
2094  (a)     The board may, after any special assessments or
2095      benefit special assessments for assessable improvements are
2096      made, determined, and confirmed as provided in this act, issue
2097      certificates of indebtedness for the amount so assessed against
2098      the abutting property or property otherwise benefited, as the
2099      case may be, and separate certificates shall be issued against
2100      each part or parcel of land or property assessed, which
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2101      certificates shall state the general nature of the improvement
2102      for which the assessment is made. The certificates shall be
2103      payable in annual installments in accordance with the
2104      installments of the special assessment for which they are
2105      issued. The board may determine the interest to be borne by such
2106      certificates, not to exceed the maximum rate allowed by general
2107      law, and may sell such certificates at either private or public
2108      sale and determine the form, manner of execution, and other
2109      details of such certificates. The certificates shall recite that
2110      they are payable only from the special assessments levied and
2111      collected from the part or parcel of land or property against
2112      which they are issued. The proceeds of such certificates may be
2113      pledged for the payment of principal of and interest on any
2114      revenue bonds or general obligation bonds issued to finance in
2115      whole or in part such assessable improvement, or, if not so
2116      pledged, may be used to pay the cost or part of the cost of such
2117      assessable improvements.
2118  (b)     The district may also issue assessment bonds, revenue
2119      bonds, or other obligations payable from a special fund into
2120      which such certificates of indebtedness referred to in paragraph
2121      (a) may be deposited or, if such certificates of indebtedness
2122      have not been issued, the district may assign to such special
2123      fund for the benefit of the holders of such assessment bonds or
2124      other obligations, or to a trustee for such bondholders, the
2125      assessment liens provided for in this act unless such
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2126      certificates of indebtedness or assessment liens have been
2127      theretofore pledged for any bonds or other obligations
2128      authorized hereunder. In the event of the creation of such
2129      special fund and the issuance of such assessment bonds or other
2130      obligations, the proceeds of such certificates of indebtedness
2131      or assessment liens deposited therein shall be used only for the
2132      payment of the assessment bonds or other obligations issued as
2133      provided in this section. The district is authorized to covenant
2134      with the holders of such assessment bonds, revenue bonds, or
2135      other obligations that it will diligently and faithfully enforce
2136      and collect all the special assessments, and interest and
2137      penalties thereon, for which such certificates of indebtedness
2138      or assessment liens have been deposited in or assigned to such
2139      fund; to foreclose such assessment liens so assigned to such
2140      special fund or represented by the certificates of indebtedness
2141      deposited in the special fund, after such assessment liens have
2142      become delinquent, and deposit the proceeds derived from such
2143      foreclosure, including interest and penalties, in such special
2144      fund; and to make any other covenants deemed necessary or
2145      advisable in order to properly secure the holders of such
2146      assessment bonds or other obligations.
2147  (c)     The assessment bonds, revenue bonds, or other
2148      obligations issued pursuant to this section shall have such
2149      dates of issue and maturity as shall be deemed advisable by the
2150      board; however, the maturities of such assessment bonds or other
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2151      obligations shall not be more than 2 years after the due date of
2152      the last installment which will be payable on any of the special
2153      assessments for which such assessment liens, or the certificates
2154      of indebtedness representing such assessment liens, are assigned
2155      to or deposited in such special fund.
2156  (d)     Such assessment bonds, revenue bonds, or other
2157      obligations issued under this section shall bear such interest
2158      as the board may determine, not to exceed the maximum rate
2159      allowed by general law, and shall be executed, shall have such
2160      provisions for redemption prior to maturity, shall be sold in
2161      the manner, and shall be subject to all of the applicable
2162      provisions contained in this act for revenue bonds, except as
2163      the same may be inconsistent with this section.
2164  (e)     All assessment bonds, revenue bonds, or other
2165      obligations issued under this section shall be, shall
2166      constitute, and shall have all the qualities and incidents of
2167      negotiable instruments under the law merchant and the laws of
2168      the state.
2169  (15)        TAX LIENS.—All taxes of the district provided for in
2170      this act, together with all penalties for default in the payment
2171      of the same and all costs in collecting the same, including a
2172      reasonable attorney fee fixed by the court and taxed as a cost
2173      in the action brought to enforce payment, shall, from January 1
2174      for each year the property is liable to assessment and until
2175      paid, constitute a lien of equal dignity with the liens for
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2176      state and county taxes and other taxes of equal dignity with
2177      state and county taxes upon all the lands against which such
2178      taxes shall be levied. A sale of any of the real property within
2179      the district for state and county or other taxes shall not
2180      operate to relieve or release the property so sold from the lien
2181      for subsequent district taxes or installments of district taxes,
2182      which lien may be enforced against such property as though no
2183      such sale thereof had been made. In addition to, and not in
2184      limitation of, the preceding sentence, for purposes of s.
2185      197.552, Florida Statutes, the lien of all special assessments
2186      levied by the district shall constitute a lien of record held by
2187      a municipal or county governmental unit. Sections 194.171,
2188      197.122, 197.333, and 197.432, Florida Statutes, shall be
2189      applicable to district taxes with the same force and effect as
2190      if such sections were expressly set forth in this act.
2191  (16)        PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE
2192      DISTRICT; SHARING IN PROCEEDS OF TAX SALE.—
2193  (a)      The district shall have the power and right to:
2194  1.      Pay any delinquent state, county, district, municipal,
2195      or other tax or assessment upon lands located wholly or
2196      partially within the boundaries of the district.
2197  2.      Redeem or purchase any tax sales certificates issued or
2198      sold on account of any state, county, district, municipal, or
2199      other taxes or assessments upon lands located wholly or
2200      partially within the boundaries of the district.
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2201  (b)     Delinquent taxes paid, or tax sales certificates
2202      redeemed or purchased, by the district, together with all
2203      penalties for the default in payment of the same and all costs
2204      in collecting the same and a reasonable attorney fee, shall
2205      constitute a lien in favor of the district of equal dignity with
2206      the liens of state and county taxes and other taxes of equal
2207      dignity with state and county taxes upon all the real property
2208      against which the taxes were levied. The lien of the district
2209      may be foreclosed in the manner provided in this act.
2210  (c)     In any sale of land pursuant to s. 197.542, Florida
2211      Statutes, as may be amended from time to time, the district may
2212      certify to the clerk of the circuit court of the county holding
2213      such sale the amount of taxes due to the district upon the lands
2214      sought to be sold, and the district shall share in the
2215      disbursement of the sales proceeds in accordance with this act
2216      and under the laws of the state.
2217  (17)        FORECLOSURE OF LIENS.—Any lien in favor of the
2218      district arising under this act may be foreclosed by the
2219      district by foreclosure proceedings in the name of the district
2220      in a court of competent jurisdiction as provided by general law
2221      in like manner as is provided in chapter 170 or chapter 173,
2222      Florida Statutes, and amendments thereto, and those chapters
2223      shall be applicable to such proceedings with the same force and
2224      effect as if those chapters were expressly set forth in this
2225      act. Any act required or authorized to be done by or on behalf
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2226      of a municipality in foreclosure proceedings under chapter 170
2227      or chapter 173, Florida Statutes, may be performed by such
2228      officer or agent of the district as the board of supervisors may
2229      designate. Such foreclosure proceedings may be brought at any
2230      time after the expiration of 1 year from the date any tax, or
2231      installment thereof, becomes delinquent; however, no lien shall
2232      be foreclosed against any political subdivision or agency of the
2233      state. Other legal remedies shall remain available.
2234  (18)        MANDATORY USE OF CERTAIN DISTRICT FACILITIES.—To the
2235      full extent permitted by law, the district shall require all
2236      lands, buildings, premises, persons, firms, and corporations
2237      within the district to use the facilities of the district.
2238  (19)        COMPETITIVE PROCUREMENT; BIDS; NEGOTIATIONS; RELATED
2239      PROVISIONS REQUIRED.—
2240  (a)     No contract shall be let by the board for any goods,
2241      supplies, or materials to be purchased when the amount thereof
2242      to be paid by the district shall exceed the amount provided in
2243      s. 287.017, Florida Statutes, as amended from time to time, for
2244      category four, unless notice of bids shall be advertised once in
2245      a newspaper in general circulation in Marion County. Any board
2246      seeking to construct or improve a public building, structure, or
2247      other public works shall comply with the bidding procedures of
2248      s. 255.20, Florida Statutes, as amended from time to time, and
2249      other applicable general law. In each case, the bid of the
2250      lowest responsive and responsible bidder shall be accepted
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2251      unless all bids are rejected because the bids are too high or
2252      the board determines it is in the best interests of the district
2253      to reject all bids. The board may require the bidders to furnish
2254      bond with a responsible surety to be approved by the board.
2255      Nothing in this subsection shall prevent the board from
2256      undertaking and performing the construction, operation, and
2257      maintenance of any project or facility authorized by this act by
2258      the employment of labor, material, and machinery.
2259  (b)     The provisions of the Consultants' Competitive
2260      Negotiation Act, s. 287.055, Florida Statutes, apply to
2261      contracts for engineering, architecture, landscape architecture,
2262      or registered surveying and mapping services let by the board.
2263  (c)     Contracts for maintenance services for any district
2264      facility or project shall be subject to competitive bidding
2265      requirements when the amount thereof to be paid by the district
2266      exceeds the amount provided in s. 287.017, Florida Statutes, as
2267      amended from time to time, for category four. The district shall
2268      adopt rules, policies, or procedures establishing competitive
2269      bidding procedures for maintenance services. Contracts for other
2270      services shall not be subject to competitive bidding unless the
2271      district adopts a rule, policy, or procedure applying
2272      competitive bidding procedures to said contracts. Nothing herein
2273      shall preclude the use of requests for proposal instead of
2274      invitations to bid as determined by the district to be in its
2275      best interest.
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2276  (20)        FEES, RENTALS, AND CHARGES; PROCEDURE FOR ADOPTION
2277      AND MODIFICATIONS; MINIMUM REVENUE REQUIREMENTS.—
2278  (a)     The district is authorized to prescribe, fix,
2279      establish, and collect rates, fees, rentals, or other charges,
2280      hereinafter sometimes referred to as "revenues," and to revise
2281      the same from time to time, for the systems, facilities, and
2282      services furnished by the district, including, but not limited
2283      to, recreational facilities, water management and control
2284      facilities, and water and sewer systems; to recover the costs of
2285      making connection with any district service, facility, or
2286      system; and to provide for reasonable penalties against any user
2287      or property for any such rates, fees, rentals, or other charges
2288      that are delinquent.
2289  (b)     No such rates, fees, rentals, or other charges for any
2290      of the facilities or services of the district shall be fixed
2291      until after a public hearing at which all the users of the
2292      proposed facility or services or owners, tenants, or occupants
2293      served or to be served thereby and all other interested persons
2294      shall have an opportunity to be heard concerning the proposed
2295      rates, fees, rentals, or other charges. Rates, fees, rentals,
2296      and other charges shall be adopted under the administrative
2297      rulemaking authority of the district, but shall not apply to
2298      district leases. Notice of such public hearing setting forth the
2299      proposed schedule or schedules of rates, fees, rentals, and
2300      other charges shall have been published in a newspaper of
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2301      general circulation in Marion County at least once and at least
2302      10 days prior to such public hearing. The rulemaking hearing may
2303      be adjourned from time to time. After such hearing, such
2304      schedule or schedules, either as initially proposed or as
2305      modified or amended, may be finally adopted. A copy of the
2306      schedule or schedules of such rates, fees, rentals, or charges
2307      as finally adopted shall be kept on file in an office designated
2308      by the board and shall be open at all reasonable times to public
2309      inspection. The rates, fees, rentals, or charges so fixed for
2310      any class of users or property served shall be extended to cover
2311      any additional users or properties thereafter served which shall
2312      fall in the same class, without the necessity of any notice or
2313      hearing.
2314  (c)     Such rates, fees, rentals, and other charges shall be
2315      just and equitable and uniform for users of the same class, and
2316      when appropriate may be based or computed either upon the amount
2317      of service furnished, upon the average number of persons
2318      residing or working in or otherwise occupying the premises
2319      served, or upon any other factor affecting the use of the
2320      facilities furnished, or upon any combination of the foregoing
2321      factors, as may be determined by the board on an equitable
2322      basis.
2323  (d)     The rates, fees, rentals, or other charges prescribed
2324      shall be such as will produce revenues, together with any other
2325      assessments, taxes, revenues, or funds available or pledged for
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2326      such purpose, at least sufficient to provide for the items
2327      hereinafter listed, but not necessarily in the order stated:
2328  1.      To provide for all expenses of operation and
2329      maintenance of such facility or service.
2330  2.      To pay when due all bonds and interest thereon for the
2331      payment of which such revenues are, or shall have been, pledged
2332      or encumbered, including reserves for such purpose.
2333  3.      To provide for any other funds which may be required
2334      under the resolution or resolutions authorizing the issuance of
2335      bonds pursuant to this act.
2336  (e)      The board shall have the power to enter into contracts
2337      for the use of the projects of the district and with respect to
2338      the services, systems, and facilities furnished or to be
2339      furnished by the district.
2340  (21)        RECOVERY OF DELINQUENT CHARGES.—In the event that any
2341      rates, fees, rentals, charges, or delinquent penalties are not
2342      paid when due and are in default for 60 days or more, the unpaid
2343      balance thereof and all interest accrued thereon, together with
2344      reasonable attorney fees and costs, may be recovered by the
2345      district in a civil action.
2346  (22)        DISCONTINUANCE OF SERVICE.—In the event the fees,
2347      rentals, or other charges for district services or facilities
2348      are not paid when due, the board shall have the power, under
2349      such reasonable rules and regulations as the board may adopt, to
2350      discontinue and shut off such services until such fees, rentals,
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2351      or other charges, including interest, penalties, and charges for
2352      the shutting off and discontinuance and the restoration of such
2353      services, are fully paid; and, for such purposes, the board may
2354      enter on any lands, waters, or premises of any person, firm,
2355      corporation, or body, public or private, within the district
2356      limits. Such delinquent fees, rentals, or other charges,
2357      together with interest, penalties, and charges for the shutting
2358      off and discontinuance and the restoration of such services and
2359      facilities and reasonable attorney fees and other expenses, may
2360      be recovered by the district, which may also enforce payment of
2361      such delinquent fees, rentals, or other charges by any other
2362      lawful method of enforcement.
2363  (23)        ENFORCEMENT AND PENALTIES.—The board or any aggrieved
2364      person may have recourse to such remedies in law and at equity
2365      as may be necessary to ensure compliance with this act,
2366      including injunctive relief to enjoin or restrain any person
2367      violating this act or any bylaws, resolutions, regulations,
2368      rules, codes, or orders adopted under this act. In case any
2369      building or structure is erected, constructed, reconstructed,
2370      altered, repaired, converted, or maintained, or any building,
2371      structure, land, or water is used, in violation of this act or
2372      of any code, order, resolution, or other regulation made under
2373      authority conferred by this act or under law, the board or any
2374      citizen residing in the district may institute any appropriate
2375      action or proceeding to prevent such unlawful erection,
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2376      construction, reconstruction, alteration, repair, conversion,
2377      maintenance, or use; to restrain, correct, or avoid such
2378      violation; to prevent the occupancy of such building, structure,
2379      land, or water; and to prevent any illegal act, conduct,
2380      business, or use in or about such premises, land, or water.
2381  (24)        SUITS AGAINST THE DISTRICT.—Any suit or action
2382      brought or maintained against the district for damages arising
2383      out of tort, including, without limitation, any claim arising
2384      upon account of an act causing an injury or loss of property,
2385      personal injury, or death, shall be subject to the limitations
2386      provided in s. 768.28, Florida Statutes.
2387  (25)        EXEMPTION OF DISTRICT PROPERTY FROM EXECUTION.—All
2388      district property shall be exempt from levy and sale by virtue
2389      of an execution, and no execution or other judicial process
2390      shall issue against such property, nor shall any judgment
2391      against the district be a charge or lien on its property or
2392      revenues; however, nothing contained herein shall apply to or
2393      limit the rights of bondholders to pursue any remedy for the
2394      enforcement of any lien or pledge given by the district in
2395      connection with any of the bonds or obligations of the district.
2396  (26)        TERMINATION, CONTRACTION, OR EXPANSION OF DISTRICT.—
2397  (a)     The board of supervisors of the district may ask the
2398      Legislature to repeal or amend this act to expand or to contract
2399      the boundaries of the district or otherwise cause the merger or
2400      termination of the district, and the district's consent may be
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2401      evidenced by a resolution or other official written statement of
2402      the district.
2403  (b)      The district shall remain in existence until:
2404  1.      The district is terminated and dissolved pursuant to
2405      amendment to this act by the Legislature.
2406  2.      The district has become inactive pursuant to s.
2407      189.062, Florida Statutes.
2408  (27)        MERGER WITH COMMUNITY DEVELOPMENT DISTRICTS.—The
2409      district may merge with one or more community development
2410      districts situated wholly within its boundaries. The district
2411      shall be the surviving entity of the merger. Any mergers shall
2412      commence upon each such community development district filing a
2413      written request for merger with the district. A copy of the
2414      written request shall also be filed with Marion County. The
2415      district, subject to the direction of its board of supervisors,
2416      shall enter into a merger agreement which shall provide for the
2417      proper allocation of debt, the manner in which such debt shall
2418      be retired, the transition of the community development district
2419      board, and the transfer of all financial obligations and
2420      operating and maintenance responsibilities to the district. The
2421      execution of the merger agreement by the district and each
2422      community development district constitutes consent of the
2423      landowners within each district. The district and each community
2424      development district requesting merger shall hold a public
2425      hearing within its boundaries to provide information about and
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2426      take public comment on the proposed merger in the merger
2427      agreement. The public hearing shall be held within 45 days after
2428      the initial consideration and approval of the merger agreement
2429      by all parties thereto. Notice of the public hearing shall be
2430      published at least 14 days before the hearing in a newspaper of
2431      general circulation in Marion County. At the conclusion of the
2432      public hearing, each district shall consider a resolution either
2433      approving or disapproving the proposed merger. If the district
2434      and each community development district which is a party to the
2435      merger agreement adopt a resolution approving the proposed
2436      merger, the resolutions and the executed merger agreement shall
2437      be filed with Marion County. Upon receipt of the resolutions
2438      approving the merger and the merger agreement, Marion County
2439      shall adopt a non-emergency ordinance dissolving each community
2440      development district pursuant to s. 190.046(10), Florida
2441      Statutes.
2442  (28)        INCLUSION OF TERRITORY.—The inclusion of any or all
2443      territory of the district within a municipality does not change,
2444      alter, or affect the boundary, territory, existence, or
2445      jurisdiction of the district.
2446  (29)        SALE OF REAL ESTATE WITHIN THE DISTRICT; REQUIRED
2447      DISCLOSURE TO PURCHASER.—Subsequent to the creation of this
2448      district under this act, each contract for the initial sale of a
2449      parcel of real property and each contract for the initial sale
2450      of a residential unit within the district shall include,
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2451      immediately prior to the space reserved in the contract for the
2452      signature of the purchaser, the following disclosure statement
2453      in boldfaced and conspicuous type which is larger than the type
2454      in the remaining text of the contract: "THE UPLANDS STEWARDSHIP
2455      DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES
2456      AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS
2457      PAY FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
2458      CERTAIN PUBLIC SYSTEMS, FACILITIES, AND SERVICES OF THE DISTRICT
2459      AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT.
2460      THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER
2461      LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND
2462      ASSESSMENTS PROVIDED FOR BY LAW."
2463  (30)        NOTICE OF CREATION AND ESTABLISHMENT.—Within 30 days
2464      after the election of the first board of supervisors creating
2465      this district, the district shall cause to be recorded in the
2466      grantor-grantee index of the property records in Marion County a
2467      "Notice of Creation and Establishment of the Uplands Stewardship
2468      District." The notice shall, at a minimum, include the legal
2469      description of the property covered by this act.
2470  (31)        DISTRICT PROPERTY PUBLIC; FEES.—Any system, facility,
2471      service, works, improvement, project, or other infrastructure
2472      owned by the district, or funded by federal tax exempt bonding
2473      issued by the district, is public; and the district by rule may
2474      regulate, and may impose reasonable charges or fees for, the use
2475      thereof, but not to the extent that such regulation or
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2476      imposition of such charges or fees constitutes denial of
2477      reasonable access.
2478  Section 7.  If any provision of this act is determined
2479      unconstitutional or otherwise determined invalid by a court of
2480      law, all the rest and remainder of the act shall remain in full
2481      force and effect as the law of this state.
2482  Section 8.  This act shall take effect upon becoming a law,
2483      except that the provisions of this act which authorize the levy
2484      of ad valorem taxation shall take effect only upon express
2485      approval by a majority vote of those qualified electors of the
2486      Uplands Stewardship District, as required by Section 9 of
2487      Article VII of the State Constitution, voting in a referendum
2488      election held during a general election at such time as all
2489      members of the board are qualified electors who are elected by
2490      qualified electors of the district as provided in this act.
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Creates Uplands Steward District; establishes legal boundaries; provides for jurisdiction & charter of district; provides for board of supervisors, district manager, personnel & treasurer; provides for selection of public depository, district budgets & financial reports; provides for general & special powers of district; provides for bonds, borrowing, trust agreements, future ad valorem taxation, special assessments, issuance of certificates of indebtedness & tax liens; provides for termination, contraction, expansion, or merger of district; provides for required notices to purchasers of residential units within district; provides severability & referendum.

Sponsors

Rep. Intergovernmental Affairs Subcommittee sponsors H 4079, and 1 member has co-sponsored it.

Committees

H 4079 went before 3 committees: Intergovernmental Affairs Subcommittee, Ways and Means Committee and State Affairs.

Intergovernmental Affairs Subcommittee
Intergovernmental Affairs Subcommittee
Referred to · Jan 12, 2026
Ways and Means Committee
Ways and Means Committee
Referred to · Jan 29, 2026
State Affairs
State Affairs
Referred to · Feb 2, 2026

History

H 4079 has taken 43 actions since Jan 7, 2026, the latest on Jul 1, 2026.

ChamberAction
Jul 1, 2026
—
Chapter No. 2026-217
Jun 25, 2026
—
Approved by Governor
Jun 15, 2026
—
Signed by Officers and presented to Governor
Mar 11, 2026
Senate
Withdrawn from Rules
Mar 11, 2026
Senate
Placed on Calendar, on 2nd reading

Votes

H 4079 went to 5 roll calls across both chambers, the latest on Mar 11, 2026 at 36–0.

ChamberQuestion
Yea
Nay
Mar 11, 2026
Senate
Senate: Third Reading RCS#52
36
0
Feb 25, 2026
House
House: Third Reading RCS#564
116
0
Feb 10, 2026
House
House State Affairs Committee
25
0
Feb 2, 2026
House
House Ways & Means Committee
18
0
Jan 28, 2026
House
House Intergovernmental Affairs Subcommittee
11
0

Source: flsenate.gov · legiscan.com