2004 LAWS OF FLORIDA

Chapter 2004-461

Ave Maria Stewardship Community	District Act

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CHAPTER 2004-461

House Bill  No. 1625

An act relating to the Ave Maria Stewardship Community District, Collier County; providing a popular name; creating the Ave Maria Stewardship Community District; providing for findings, determina­ tions, ascertainments, intent, purpose, definitions, and policy; creat­ ing the charter of the District; providing for authority and jurisdic­ tion; creating the District as a special, limited, and single-purpose independent district, an independent local government and corpo­ rate body politic, to provide community development infrastructure to the Ave Maria community development in that certain portion of the unincorporated area of the Collier County political subdivision within and subject to the Growth Management Plan and the Rural Lands Stewardship Area Zoning Overlay District in Eastern Collier County; prescribing and fixing the boundaries of the District; provid­ ing for election of a Board of Supervisors and terms of office and powers and duties thereof; requiring certain financial reports; pro­ viding for disclosure of public financing information; authorizing and providing for the levy and collection of taxes; authorizing special powers relating to water management and control, roads and bridges, and other public facilities; providing for the issuance of bonds and short-term borrowing; providing procedures for competi­ tive procurement of goods, supplies, and materials; providing for enforcement of provisions of the Act and providing penalties for violation thereof; providing for the applicability of provisions of chapter 189, Florida Statutes, and other general laws; providing for severability; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1. Popular name.-This Act may be known by the popular  name the "Ave Maria Stewardship Community District Act."
Section 2. Preamble.-Legislative findings. ascertainments. determina­ tions. intent. purpose. definitions. and policy.-  
(1)	Legislative findings.-
The eastern area of unincorporated Collier County is unique and special with natural resources that need protection and with the need to retain a viable agricultural system while protecting private property rights and promoting a sound economy.
Collier County. with the approval of the Governor and members of the Cabinet. sitting as the Florida Land and Water Adjudicatory Commission. established a designated Rural Lands Stewardship Area Zoning Overlay District in order to implement an innovative. specialized. and incentive­ based Collier County Rural Lands Stewardship Area Overlay as part of the Collier County Growth Management Plan.

In implementing both protection  of natural resources  and  retention of viable agriculture. the Rural Lands Stewardship Area District Overlay promotes compact rural mixed-used development as an alternative to low­ density single use development and establishes a system of generating Stewardship Credits in a designated Stewardship Sending Area and trans­ ferring them to a designated Stewardship Receiving Area within which new town communities may be created and developed with a full range of hous­ ing types and a full mix of uses with urban level services and infrastructure which support specialized development that is compact. mixed-use. human­ scale. and balances land uses to reduce automobile trips and to increase livability.
This comprehensive system anticipates new land uses to include un­ incorporated new town community development and the related highly spe­ cialized provision of basic infrastructure systems. facilities. and services.
· Barron Collier Company has made available approximately 905 acres to the Ave Maria University Foundation for the  institution and operation of  a private university-known as Ave Maria University with a full slate of undergraduate, graduate. and professional programs with related cultural, recreational. and other activities. benefits. and programs for providing teaching. research. and public service to southwest Florida. the State of Florida. and the nation.
The initial landowners also own. immediately and adjacent to and surrounding the Ave Maria University. lands upon which they are  building a university-oriented new town community consistent with the Collier County Growth Management Plan and Land Development Code.
Within and subject to this the Growth Management Plan and Land Development Code and its Rural and Stewardship Area Zoning Overlay District within a designated Stewardship Receiving Area, the new town community surrounding the private university requires appropriate com­ pact. balanced, and rural mixed-use development at a human scale with the required innovative balance of such importance to the Stewardship Overlay Area.
In particular:
Creating a university new town community in the Stewardship Over­ lay Area of Eastern Collier County requires a critical coinciding of existing and future land use with provision of capital facilities and related systems and services. based upon timely. flexible. and specialized management of critical factors and sequential events. balancing between the interests of private enterprise. agriculture. private citizens. taxpayers. consumers. the environment, the economy, the initial landowners. and all applicable levels of government.
As evidenced by the Stewardship Overlay Program. all the applicable public and private persons and entities have invested and expended sub­ stantial time and moneys to generate both the Stewardship Overlay Area portions of the Growth Management Plan and the existing and future consistent specific regulatory and comprehensive planning entitlements and

consistent land development regulations for the identification. preparation. and development of a new town community.
Creating such a new town community around the university and using a single special purpose independent district constitute innovative planning and flexible development strategies pursuant to section 163.3177(11). Flor­ ida Statutes. as amended from time to time. and Rule 9J-5.006(5)(1), Florida Administrative Code. as amended from time to time. to minimize the conver­ sion of rural and agricultural lands to other uses to discourage urban sprawl and to protect environmentally sensitive areas. while maintaining the eco­ nomic viability of agricultural and other predominately rural land uses and providing for the cost-efficient delivery of public facilities and services as provided expressly in the Rural Lands Stewardship Area Land Development Regulations, section 2.2.27.10.C.
There is in particular a special need to use a specialized and limited single-purpose independent special district unit of local government for the Ave Maria Communi ty:
To prevent urban sprawl by providing. sustaining. and supporting freestanding infrastructure and by preventing needless and counterproduc­ tive community development when the existing urban area is not yet devel­ oped.
To prevent the needless duplication. fragmentation. and  proliferation of local government services in a proposed land use area.
Management of conservation. environmental. agricultural. and eco­ nomic challenges and opportunities in this area of Eastern Collier County transcends the boundaries and responsibilities of both private landowners and individual units of government so that no one single public or private entity or person can plan or implement policies to deal with the many issues which attend the provision of basis systems. facilities. and services to the area  to be managed  in Eastern  Collier County in  order to provide for both  a new university and a new town academic community in the Stewardship area.
It is the expressed set of findings of the Legislature furt er that:
There is a considerably long period of time during which there is an inordinate burden on the initial landowners of both the land area for the private Ave Maria University and its surrounding new town university community because of the innovative. special, and unique requirements in the Growth Management Plan for the Stewardship Receiving Area that deal specifically with flexible management and related sequencing, timing, and financing of the various systems. facilities. and services to be provided to the new town community and that take into consideration absorption rates. commercial viability. and related factors.
Even as the community matures. there is a continuing need for land­ owners. both initial and subsequent, to bear burdens that remain relatively inordinate in order to preserve such benefits for Eastern Collier County as

the unique environmental and economic purpose of the new  town  commu­ nity in this Stewardship Receiving Area.
Longer involvement of the initial landowner with regard to the provi­ sion of basic systems, facilities, and services in the Rural Lands Stewardship Overlay. coupled with a severely limited and highly specialized single pur­ pose of the District. is in the public interest.
Any public or private system to provide basic infrastructure improve­ ments. systems, facilities, and services to this new Ave Maria community in the Stewardship Overlay Area of Eastern Collier County must be focused on an unfettered, highly specialized, innovative, responsive. and accountable mechanism to provide the components of infrastructure at sustained levels of high quality over the long term only when and as needed for such a unique community in such a unique area.
There is a critical need to maintain such provision of such systems. facilities, and services to the Ave Maria community because of the unique location and attributes of the Stewardship Overlay Area, coupled with the unique purpose and location of this new academic community, subject to, and not inconsistent with, the state. regional, and local requirements which attend implementation of the state plan, the Stewardship Overlay for the Stewardship Receiving Area, and the Collier County Growth Management Plan.
This need is met by coinciding the use and special attributes of various public and private alternatives for the provision of infrastructure to such a community development, inclu ding:
The public policy and related implementing zoning, permitting, and planning expertise, interests. and capabilities of state and regional govern­ ment and of the Collier County general purpose local government:
The flexible, limited, focused. and locally accountable management and related financing capabilities of independent special purpose local gov­ ernment: and
The innovative development and  marketing  private  sector expertise  of th initial landowners, developers, and other components  of  private  enter­ pnse:
The specialized financing and revenue procedures for the levy and imposition of first-lien assessments, by a variety of names,  must  be  dis­ closed, followed, noticed. fair, nonarbitrary, informed. reasonable. and ac­ countable and that they must be set forth dispositively .
That the existence and use of such a limited specialized single purpose local government for the Ave Maria community. subject both to the Rural Lands Stewardship Overlay Area District and to the Collier County Growth Management Plan. will result in a high propensity:
To prevent urban sprawl. protect and to preserve environmental, con­ servation, and agricultural uses and assets and to enhance the high quality use of the applicable Stewardship Receiving Area.

To enhance the market value for both  present and future landowners  of the property consistent with  the  need to protect  private  property  rights in the Stewardship Overlay.
To enhance the net economic benefit to the Collier County area, includ­ ing an enhanced and well maintained tax base to the benefit of all  present and future taxpayers in Collier County.
To share the costs for providing such basic systems, facilities and services in an innovative, sequential, and flexible manner within the Ave Maria new town community to be serviced by the Stewardship Community District .
Ascer t ainme nt s.- Ba sed upon these findings, the Legislature has learned and ascertains:
There are two public government alternatives and one private alter­ native available to plan, construct, maintain, and finance the provision of systems, facilities, and services in and subject to the Stewardship Overlay:
One of the public or governmental alternatives is by the Board of County Commissioners within the Collier County political subdivision which can provide certain basic systems, facilities, and services directly, or with management by its staff with financing through either a municipal service taxing unit for ad valorem taxes or municipal service benefit for assessments. or indirectly, by nonemergency ordinance use of a dependent district.
The second public alternative is use of an independent special dist rict .
The private alternative is the private landowner. a private homeown­ ers' association. a private utility, a private business corporation or partner­ ship, or a combination of these various private alternatives.
Planning, permitting. and creating the Ave Maria University new town community and using the independent specialized single purpose Ave Maria Stewardship Community District created by this Act are consistent with and implement both the Collier County Growth Management Plan and Land Development Code and also the following long-standing and expressed policies of the state :
To allow the creation of independent special taxing districts which have uniform general law standards and procedures and which do not over­ burden other local governments and their taxpayers while preventing the proliferation of independent special taxing districts which do not meet the standards set forth in section 187.201(20)(b)2 ., Florida Statutes.
To encourage the development of local water supplies, pursuant to section 187.201(7)(b)3., Florida Sta tu tes.
To recognize the existence of legitimate and often competing public and private interests and land use regulations and other government action, pursuant to section 187.201(14)(a), Florida Statutes, as provided for ex­ pressly in the Stewardship Overlay Program.

Consistent with the Stewardship Overlay Program, to recognize the importance of preserving natural resources and enhancing quality of life by development in those areas where land and water resources, fiscal abilities, and service capacity can accommodate the land use and growth in a manner that is environmentally acceptable, pursuant to section 187.201(15)(a), Flor­ ida Statutes.
To allocate costs of new public facilities on the basis of benefits  re­ ceived by existing and future residents while planning for  the  management  and financing of new facilities to serve residents in a timely, orderly, and efficient manner, pursuant to section 187.201(17)(a) and (b)3., Florida Stat­ utes.
To encourage local government financial self-sufficiency in providing public facilities and in identifying and implementing physically sound, inno­ vative, and cost-effective techniques to provide and finance public facilities while encouraging development, use, and coordination of capital  improve­ ment plans by all levels of government, pursuant to section  187.201(17)(b)5., 6., and 7., Florida Statutes, and as provided in the Stewardship Overlay Program.
To increase access to, and to promote and provide access for, cultural. historical and educational resources and opportunities, pursuant to section 187.201(18)(a) and (b)l., Florida Statutes.
To enhance and diversify the economy of the Collier County area by promoting  partnerships  among  education,  business,  industry,  agriculture, and the arts, provide opportunities  for  training  skilled  employees  for  new  and expanding businesses,  and  promote  self-sufficiency  through  training and  educational  programs  that  result  in  productive   employment   pursuant to section 187.201(21)(a ) and (b)6 ., 7., and 8., Florida Statutes.
To encourage and to enhance cooperation among communities that have unique assets, irrespective of political boundaries, to bring the private and public sectors together for establishing an orderly, environmentally, and economically sound plan for current and future needs and growth, pursuant to section 187.201(b)8., Florida Statutes.
To create independent special districts by or pursuant to general law to ensure long-term management and related financing, to meet the need in Florida for timely, efficient, effective, responsive, innovative. accountable, focused, and economical ways to deliver basic services to new communities to solve the state's planning, management, and financing needs for delivery of capital infrastructure in order in turn to provide for projected growth only and to do so without overburdening other governments and their taxpayers, pursuant to section 189.402, Florida Statutes, so that providing to the Ave Maria community basic systems, facilities, and services by independent special districts remains pursuant to uniform general law and section 189.402(3)(a) and (c), Florida Statutes.
To ensure that those independent districts and the exercise of their powers are consistent and comply with applicable due process, disclosure. accountability, ethics, and government-in-the-sunshine requirements of

law, both to the independent districts and to their elected and appointed officials, pursuant to section 189.402(3)(b), Florida Statutes, because independent special districts are a legitimate alternative method  available for use by both the public and private sectors to manage, own; operate, construct, and finance basic capital infrastructure systems, facilities, and services, pursuant to section 189.402(4)(a ), Florida Stat utes .
To ensure that an independent special district is created to serve a special purpose to cooperate and to coordinate its activities with the applica­ ble general purpose local government because aspects of growth and devel­ opment transcend boundaries and responsibilities of individual units of government so that no single unit of government can plan or implement policies to deal with these issues unilaterally as effectively, pursuant to section 189.402(7) and (8), Florida Statutes.
Construction and operation of the Ave Maria University, the develop­ ment of the new town university community, and the use of the special and single purpose independent district are not inconsistent  with  the  Collier County Comprehensive Plan and the requirements of the  Stewardship  Over­ lay and implement both.
This land area for the private university and its new town community requires an independent, special, and single purpose local government,  in the form of an independent special district as defined in section 189.403(3), Florida Statutes, subject to all substantive and procedural limitations under Florida law, including this Act, in order to constitute the highly specialized alternative and viable growth management mechanism appropriate for this unique Stewardship Overlay available to both the private and public sectors.
Such a District requires timely, flexible, limited, and specialized man­ agement and related financing capabilities under its uniform state charter, created by this Act pursuant to general law, in order to produce those flexible, innovative, and highly specialized benefits to the new town univer­ sity community property in the Stewardship Receiving Area and to the Stewardship Overlay in Eastern Collier County.
Such a District must have management capabilities to provide pin­ pointed, focused, accountable, responsive, limited, specialized, and low­ overhead-based capability, authority, and power to provide basic systems, facilities, and services to the new university community development with economies of scale but at sustained high levels of quality over the long term.
In order to be responsive to the critical timing required through the exercise of its special management functions, an independent district re­ quires financing of those functions, including bondable lienable and non­ lienable revenue, with full and continuing public disclosure and accountabil­ ity, funded by landowners, both present and future, and funded also by users of the systems, facilities, and services provided to the land area by the District, without burdening the taxpayers and citizens of the state, of Collier County, or any municipality in Collier County.
(h ) The provision of services by  this  independent  district  must  imple­ ment, be subject to, and function not inconsistent with, any applicable provi-

sions of the Stewardship Overlay Area and related permitting and planning requirements of Collier County and of the Collier County  Comprehensive  Plan and Land Development Code.
The creation. existence. and operation of the Ave Maria Stewardship Community District. as limited and specialized to its single narrow purpose. will also :
Constitute a public mechanism to translate the anti-urban-spr awl re­ quirements of the Stewardship Overlay into reality:
Constitute a disincentive for premature or inappropriate municipal incorporation consistent with state law.
Provide a mechanism for full and continuing disclosure of how basic systems. facilities. and services are both managed and financed. including full and continuing disclosure to both prospective purchasers and all resi­ dents of public financing related to any burdens of land ownership and any related burdens on existing or future residents .
Implement Rural Land Stewardship Area Zoning Overlay District Regulation. section 2.2.27.10.L.4. because such an independent single pur­ pose special district is encouraged in the Stewardship Receiving Area where the new town community and university are located.
The Ave Maria Stewardship Community District is also a mechanism to implement the Collier County Concurrency Management System de­ signed to coincide with. and to implement. both the Collier County future land use element and the capital improvements element for basic systems. facilities. and services consistent with the best interests of the Ave Maria community in the Stewardship Overlay.
By serving its single specialized purpose. the District will not result in  needless  proliferation.  duplication.  and  fragmentation  of local  govern ­ ment systems. facilities. and  services in this area of Eastern  Collier County.
Subject to its substantive and procedural limitations. the Ave Maria Stewardship Community District will assist directly in public and combined public and private planning and coordination in order to achieve innovative solutions to the needs and requirements in this unique academic new town community located in this Stewardship Overlay Area of Eastern Collier County.
Management of the timing and phasing of critical sequential events. coordinated by the initial private landowner. the private university. and the Board of County Commissioners of Collier County is of fundamental impor­ tance and is the basis of the inordinate burden on the initial landowner developer and on the private university to enhance the Stewardship Overlay and to implement its requirements.
The critical single purpose of the Ave Maria Stewardship Community District to provide basic infrastructure systems. facilities. services, works. and improvements to the private Ave Maria university new town community is in the public interest because it:

Does not pass on taxes or profits to purchasers of property or to land­ owners and residents within their jurisdictions:
Decreases the tendency toward short-term planning. construction. and management considerations because the elections for members of the gov­ ernment board are staggered:
Is not influenced, guided. or limited by quarterly and annual profit statements:
Does not have police or regulatory powers;
Does not have larger general purpose overhead responsibilities;
Is not subject to legitimate but countervailing fiscal, economic, policy, and political considerations to which large general-purpose local govern­ ments and large landowners and developers would be subject in the natural course of events.
Does not constitute needless duplication, proliferation. or fragmenta­ tion of local government systems, facilities, and services in Collier County:
Shall operate and function subject to and not inconsistent with the county comprehensive plan and not inconsistent with, but rather shall en­ hance the purpose and requirements of, the Rural Lands Stewardship Over­ lay with the least overhead cost and the highest amount of public disclosure, accountability, responsiveness, and productivity.
Coincides its functions with the authority and best interests of general purpose local government. the private university, the private landowners, both  present  and future,  the taxpayers,  the future residents,  and  the state  in the provision of needed infrastructure to the community at sustained levels of quality over the long ter m.
Provides highly accountable innovative systems. facilities. and ser­ vices close to the land and close to the people to constitute expressly the stewardship of the lands of the new community within and subject to the Stewardship Overlay Area in Eastern Collier County and within its jurisdic­ tion:
Serves a land area that is amenable to separate special district gov­ ernment.
Serves a land area that is sufficiently compact and of size sufficient for the functionally interrelated Ave Maria new town community develop- men t.	·
Serves a land area in which there is no existing local or regional system, facility. or service with which creation and operation of this District and the provision of its systems, facilities, improvements, and infrastructure would be in compatible .
Will enhance the intrinsic value of the property and the new commu­ nity development. for the purpose of the Stewardship Overlay, and be a sustaining source of public revenue.

The independent district charter created in this Act involves innova­ tive general and special powers not otherwise available for this unique and highly specialized first ever academic Ave Maria new town community in  such a unique multi-faceted Rural Lands Stewardship Overlay.
The minimum requirements of general law or creation of this District by special act have been met as confirmed and set forth expressly in section
.filll
Determin a tions .- Based upon its findings and ascertainments, the Legislature states expressly and deter mines:
This Act represents the findings, ascertainments, and determinations of the Legislature that creating the Ave Maria Stewardship Community District, by special act, pursuant to general law, is the best alternative as required by section 189.404(2)(e)3., Florida Statutes, because it meets affir­ matively the findings and ascertainments of this Legislature set forth in this section.
The creation by this Act of the Ave Maria Stewardship Community District in the Stewardship Overlay Area of Collier County is consistent affirmatively with the Collier County local government comprehensive plan.
The authority for this Act is pursuant to section 189.404, Florida Statutes, and the State Comprehensive Plan pursuant to section 187.201, Florida Statutes.
The Board of County Commissioners of Collier County, on October 28, 2003, adopted Resolution 2003-381, expressing no objection to the creation  and establishment of the Ave Maria University Stewardship Community District and finding it consistent with the Collier County local government comprehensive plan as provided in section 189.404(a)(e)4 ., Florida Statutes.
Intent.-Based upon its findings, ascertainments, and determina­ tions. the Legislature expresses its int ent:
To ensure that the creation and operation of the Ave Maria Stewa rd ­ ship Community District by and pursuant to this Act, exercising its manage­ ment 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.
That the District operate and function subject to, and not inconsistent with. the Collier County Growth Management Plan and Land Development Code and any applicable development orders, zoning regulations, or other land development regulations.
That under this Act this special and single purpose Ave Maria Stew­ ardship Community District shall not have the power of a general purpose local government to adopt a comprehensive plan or related land develop-

ment regulation as those terms are defined in the Florida Local Government Comprehensive Planning and Land Development Regulation Act.
That the charter for this District in the Act is exclusive and may be amended only by the Legislature by subsequent special act. Any certain proposed amendment of this Act which deals specifically. expressly. and only with section 2(4)(a). (b). and (c) shall not be considered by the Legislature unless it is accompanied by a resolution of support by the  Collier  County Board of County Commissioners provided that any other amendment on any other subject or provision dealing with any subject or provision  in  this  Act  does not require such resolution .
That the Ave Maria Stewardship Community District created by this Act constitutes an innovative mechanism for long-term. sustained. quality public stewardship through the planning. implementation. construction. management. and related financing. of basic systems. facilities. services and infrastructure projects for the mixed-use new town academic com munity .
That. it is in the public interest that this limited. independent. special­ ized. and single-purpose District have perpetual existence subject only to legislative review as provided in  its  charter  as created  by this  Act so that  it is not in a position to outlive its usefulness .
That the exercise by this Ave Maria Stewardship Community District of its powers to carry out its single purpose under its charter as created by  this Act is consistent with applicable due process. disclosure. accountability. ethics, conflicts of laws. government in the sunshine, competitive procure­ ment. including the employees of consultants. competitive negotiation. and competitive bidding. both as to the government entity itself and as to its appointed or elected officials as required in this Act.
Purpose.-The limited. single. and specialized purpose of the Ave Maria Stewardship Community District is to provide community develop­ ment systems. facilities, services. projects. improvements. and infrastruc­ ture to the Ave Maria community by exercising its various management powers, with related financing powers. both general and special, as set forth by and limited by its charter as created by this Act.
Definitions .- As used in this Act:
"Ad valorem bonds" means bonds which are payable from  the  pro­ ceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds.
"Assessable improvements" means. without limitation. any and all public improvements and community facilities that the District is empow­ ered to provide in accordance with this Act, that provide a special benefit to property within the District.
"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 as sessa ble im provemen ts. the

District may issue revenue bonds for such purposes payable from special assessments.
"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.
"Ave Maria Stewardship Community District" means the unit of spe­ cial and single purpose local government created and chartered by this Act, including the creation of its charter, and limited to the performance, in implementing its single purpose, of those general and special powers author­ ized by its charter under this Act, the boundaries of which are  set forth by  the Act, the governing head of which is created and authorized to operate with legal existence by this Act, and the purpose of which is as set forth in this Act.
"Benefit special assessments" are District assessments  imposed,  lev­ ied, and collected pursuant to the provisions of section 4(14 )(b).
"Board of Supervisors" or "board" means the governing board of the District or. if such board has been abolished, the board. body. or commission assuming the principal functions thereof or to whom the powers given to the board by this Act have been given by la w.
"Bond" includes "certificate," and the provisions that are applicable to bonds are equally applicable to certificates. The term "bond" includes any general obligation bond, assessment bond. refunding bond. revenue bond, and other such obligation in the nature of a bond as is provided for in this Act.
(i) "Developed urban area" means any-reasonably compact urban area.
"Cost" or "costs." when used with reference to any project. includes, but is not limited to:
The expenses of determining the feasibility or practicability of acquisi- tion, constr uction, or reconstruction.
The cost of surveys, estimates, plans, and specifications.
The cost of improvements.
Engineering, fiscal, and legal expenses and charges.
The cost of all labor. materials. machinery, and equipment.
The cost of all lands. properties, rights. easements, and franchises acquired.
Financing charges.
The creation of initial reserve and debt service funds .

Working capital.
Interest charges incurred or estimated to be incurred on money bor­ rowed prior to and during construction and acquisition and for such reason­ able period of time after completion of construction or acquisition as the board may det er mine .
The cost of issuance of bonds pursuant to this Act. including adver­ tisements and printing.
The cost of any bond or tax referendum held  pursuant  to this Act and  all other expenses of issuance of bonds.
The discount, if any. on the sale or exchange of bonds .
Administrative expenses.
Such other expenses as may be necessary or incidental to the acquisi­ tion, construction, or reconstruction of any project, or to the financing thereof. or to the development of any lands within the District.
Payments, contributions, dedications. and any other exactions re­ quired as a condition of receiving any government approval or permit neces­ sary to accomplish any District purpose.
"District" means the Ave Maria Stewardship Community District.
"District manager" means the manager of the Dis trict .
"District roads" means highways, streets. roads, alleys, sidewalks, landscaping. storm drains. bridges, and thoroughfares of all kinds.
"General obligation bonds" means bonds which are secured by. or provide for their payment by, the pledge of the full faith and credit  and taxing power of the District, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, and for payment of which recourse may be had against the general fund of the District.
"Governing board member" means any member of the Board of Super­ visors.
"Land development regulations" means those regulations of general purpose local government, adopted under the Florida Local Government Comprehensive Planning and Land Development Regulations Act, Florida's Growth Management Act. and chapter 163, Florida Statutes. as amended from time to time. to which the District is subject and as to  which  the District may not doing anything that is inconsistent. Land development regulations shall not mean specific management engineering. planning, and other criteria and standards needed in the daily management, implementa­ tion, and provision by the District of basic systems. facilities, services, works, improvements, proiects. or infrastructure. including design criteria and standards, so long as they remain subject to and are not inconsistent

with the Collier County Growth Management Plan and applicable land development regulations.
(g) "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 . Landowner does not include a reversioner. remainder­ man. mortgagee, or any governmental entity who shall not be counted and need not be notified of proceedings under this Act. Landowner also means the owner of a gronnd lease from a governmental entity. which leasehold interest has a remaining term. excluding all renewal options. in excess of 50 years.
"General-purpose local government" means a county, municipality. or consolidated city-county governmen t.
"Maintenance special assessments" are assessments imposed, levied, and collected pursuant to the provisions of section 4(14)(d).
"Non-ad valorem assessment" means an assessment levied and im­ posed by the Board of Supervisors of the Ave Maria Stewardship Commu­ nity District that are notbased upon millage and that  constitutes,  pursuant to the provisions of this Act. first lien imposed on the property subject thereto, coequal with any lien imposed by the  state. county,  municipality, or school board:
If, pursuant to general law, nonmillage and non-ad valorem taxes. limited expressly and only to certain maintenance taxes provided for ex­ pressly in the District charter as created by this Act that are notadvalorem taxes and are not special assess men ts .
If an assessment that is not a  tax and is a  special  assessment  levied and imposed by the Board of Supervisors of the District pursuant to an informed and nonarbitrary determination by the Board of Supervisors that the system, facility, or service will provide. as a logical connection to the applicable parcels of property. a special benefit peculiar to the property. different in kind and degree than a general  benefit  and,  further,  that the  duty to pay per parcel will be apportioned in a manner that is fair and reasonable. and that may be known as an assessment, special assessment. maintenance assessment. or benefit assessment. The levy of a maintenance assessment to maintain a system or facility constructed and financed a by special assessment levied by the District may be based on the assessment methodology by which a construction special assessment is levied but upon a determination that a maintenance special assessment also provides a special and peculiar benefit to the property and is apportioned in a manner that is fair and reasonable.
If an assessment is levied, imposed, or equalized by the Board of Supervisors by rule of the District.
"Powers" means powers used and exercised by the Board of Supervi­ sors to accomplish the single, limited. and special purpose of the District including:

"General powers" means those organizational and administrative pow­ ers of the District as provided in its charter in order to carry out its single special purpose as a local government public corporate body politic.
"Special powers" means those powers enumerated by the District char­ ter to implement its specialized systems. facilities. services. projects. im­ provements, and infrastructure and related functions  in order  to carry  out  its single specialized purpose.
Any other powers. authority. or function set forth in this Act.
"Project" means any development. improvement. property, power, utility, facility. enterprise, service, system. works. or infrastructure now existing or hereafter undertaken or established under the provisions of this Act.
"Qualified  elector" means any  person  at  least 18 years of age  who  is  a citizen of the United States, a legal resident of Florida  and  of the  District and who registers to vote with the Supervisor of Elections in Collier County.
"Refunding bonds" means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. Re­ funding bonds shall be issuable and payable in the same manner as refi­ nanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution.
"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 Dist rict .
"Sewer system" means any plant, system. facility, or property, and additions, extensions, and improvements thereto at any future time con­ structed or acquired as part thereof. useful or necessary or having the pres­ ent capacity for future use in connection with the collection. treatment. purification. or disposal of sewage. including. but not limited to. industrial wastes resulting from any process of industry. manufacture, trade. or busi­ ness or from the development of any natural resource. Sewer system also includes treatment plants. pumping stations. lift stations. valves. force mains. intercepting sewers. laterals. pressure lines. mains, and all neces­ sary appurtenances and equipment; all sewer mains, laterals. and other devices for the reception and collection of sewage from premises connected therewith; and all real and personal property and  any  interest  therein. rights. easements, and franchises of any nature relating to any such system and necessary or convenient for operation thereof.
(aa) "Special assessments" shall mean assessments as imposed.  levied, and collected by the District for the costs of assessable improvements pursu­ ant to the provisions of this Act. chapter 170. Florida Statutes, as amended from time to time. and the additional authority under section 197.3631, Florida Statutes. as amended from time to time, or other provisions of

general law. now or hereinafter enacted, which provide or authorize a sup­ plemental means to impose, levy, and collect special assess me nts .
(bb) "Taxes" or "tax" means those levies and impositions of the Board of Supervisors that support and pay for government and the administration of law and that maybe:
Ad valorem or property taxes based upon both the appraised value of property and millage, at a rate uniform within the jurisdiction:
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.
(cc) "Urban area" means a developed and  inhabited  urban  area  within the District within a minimum acreage resident population density of least 1.5 persons per acre as defined by the  latest official census, special census. or population estimate, a minimum density of one single-family home per 2.5 acres with access to improved roads, or a minimum density of one single­ family home per 5 acres within a recorded plat subdivision. Urban areas  shall be designated by the Board of Supervisors with the assistance of all general purpose local governments having jurisdiction over the area within the jurisdiction of the District.
(dd) "Water system" means any plant, system, facility. or property, and any addition. extension. or improvement thereto at any future time con­ structed or acquired as a part thereof, useful, necessary, or having  the  present capacity for future use in connection with the development of sources, treatment, purification, or distribution of water. Water system also includes dams. reservoirs. storage tanks, mains, lines, valves, pumping sta­ tions. 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.
Policy.- Based upon its findings, ascertainments, determinations, in­ tent, purpose. and definitions, the Legislature states its policy expressly:
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 unique location and nature of the new community for academic, residential. commercial, and other community uses. projects, or functions in the Rural Lands Stewardship Area Overlay of eastern Collier County  consistent  with and designed to enhance the Stewardship Overlay Program and to  serve  a lawful public purpose.
The District which is a local government and a corporate body politic is limited to its single, narrow, and special purpose as expressed in this Act. with the power to provide, plan, implement. construct, maintain, and fi­ nance as a local government management entity its basic systems, facilities, services. improvements, infrastructure, and projects and possessing financ­ ing powers to fund its management power over the long term and with

sustained levels of high quality commensurate with the Stewardship Over-
@L

This Act may be amended only by special act of the  Legislature  in  whole or in part.
Section 3. Minimum general law requirements; creation and establish­ ment: boundaries: jurisdiction: construction: charter with legal descrip­ tion.-
Pursuant to section 189.404(3), Florida Statutes, the Legislature sets forth that the minimum requirements in paragraphs (a) through  (o)  have been met in the identified provisions of this Act as follows:
The purpose of the District is stated in the Act in section 2, subsection
fil
The powers, functions, and duties of  the  District  are  generally  in section 4, subsection (3) paragraphs (g) and (h) and subsections (5)-(16), (18 ), (19), (21), (25), and (32) as to which:
Taxation provisions are set forth in section 2. subsection (6), para­ graph (bb): section 4, subsection (3), paragraph (h), subsection (14), para­ graphs (a). (c). (f), (g) and (i), and subsections (17), (18). and (19).
Bond issuance provisions are  set  forth  generally  in  section  2; section 4, subsection (8), paragraph (d). subsections (10)-(13), and subsection (16). paragraphs (b) and (c).
Provisions regarding  the  other  revenue  raising  capabilities  are  set  forth in section 2. subsection (6). paragraphs (b), (d), (s), (t), and  (aa): section  4. subsection (10) and (11), subsection  (14),  paragraphs  (b). (d). (e). (h). (i), and (j), and subsections (15) and (16).
Provisions regarding fees, rentals, and charges are in section 2. sub­ section (6): and section 4, subsection (8). paragraph (i) and subsections  (22)­ (25 ).
Provisions regarding  budget  preparation  and  approval  are  in  section 4, subsections (5), (6). and (9).
Provisions regarding liens and foreclosures of liens are in section 4, subsection (14), paragraphs (f), (g). (h). and (i), and subsections  (15).  (17), (18), and (19).
Provisions regarding the use of tax deeds and tax certificates as appro­ priate for non-ad valorem assessments are set forth in section 4. subsection (8). paragraph (o), subsection (14), paragraphs (b), (c). (d). (e), (f). (h), and (i). and subsection (15).
Provisions regarding contractual agreements are in section 4.  subsec­ tion (8). paragraphs (c). (1), (p). and (r),  and  subsection  (9).  paragraphs  (k). (o), (p), (s), (t), (v). and (w).

The provisions for methods for establishing the  District  are  in section 2, subsection (2), paragraph (b): section 3: and effective as provided in sec­  tion 6.
(d ) The methods for amending the charter of the District are set forth in section 2, subsection (7), paragraph (c): section 3, subsection (4): and section  4, subsection  (28).	·
The provisions regarding aspects of the governing board are as  fol­  lows:
Provisions for the membership  of the  governing  board  are  in  section 4, subsection (3), paragraph (b) and subsection (4), paragraph (c).
Provisions regarding the organization of the governing board are in section 4, subsection (3), paragraphs (b)-(d) and subsection (4), paragraph hl
Provisions regarding the requirement of five board members are  in section 4, subsection (3), paragraph (b), and subsection (4), paragraph (c). subparagraph 1.
The provisions regarding the quorum of the governing board are in section 4, subsection (3), paragraph (b), and subsection (4) paragraph (c). subparagraph 1, sub-su bpa ragraph e.
The provisions regarding maximum compensation of each board mem­ ber are in section 4, subsection (4), paragraph (c), and in particular in subparagraph 1., sub-subparagraph h.:section 4,  subsection  (4),  paragraph (c). subparagraph 1., sub-subparagraph h.
The provisions regarding the administrative duties of the governing board are found in section 4, subsections (5)-(8) .
The provisions applicable to financial disclosure. noticing, and report­ ing requirements for:
Financial disclosure are in section 4, subsections (6) and (7).
The provisions regarding voting are found in section 4, subsections (3) and (4).
Reporting requirements are in section 4. subsections (5)-(7) and sub­ section (31).
(i) The provisions regarding procedures and requirements for issuing bonds are:
For issuing bonds are in section 4, subsection (12), particularly in paragraphs (a). (b), (i), (k), and (1), and related provisions regarding trust agreements are in subsection (13).
For issuing bonds are in section 4, subsection (12), particularly in paragraphs (c)-(q) and subsection (13).

The provisions regarding elections or referenda are:
For procedures for elections are in section 4. subsections (3) and (4). and provisions regarding referenda are in subsection (14). paragraph (a).
For qualifications of an  elector of the  District,  a qualified  elector. are  in section 2. subsection (6), paragraph (w); and section 4. subsection (3). paragraphs (b) and (c).
For referenda are in section 4. subsection (4), paragraph (b).
The provisions regarding methods for financing the District are gen­ erally in section 4. subsections (10). (11). (14). (15). (16). (17). (18). and (19).
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 is in section 4. subsection (14). paragraph (a) and subsection (3). paragraph (h); and section  2. subsection (6) paragraph (bb) subparagraph 1.
The authorized millage rate is in section 4. subsection (14). paragraph
hl
The provisions for the method or methods of collecting non-ad va­ lorem assessments. fees, or service charges are:
For collecting non-ad valorem assessments  in  section  4.  subsection (14). paragraphs (b), (c). (d), (e). (h). and (i) and subsection (15).
For collecting fees and service charges in section 4. subsection (22).
The provisions for planning requirements are as limited by the provi­ sions of section 2 and section 3, as limited further by section 4. subsections (8) and (9).
The provisions for geographic boundary limitations of the District are  set forth in section 3, subsection (2)-(4); and section 4. subsection (2).
Creation and establishment.-The Ave Maria Stewardship Commu­ nity District. which may also be referred to and be known as the "Steward­ ship Community District," "Ave Maria District." or "District" is created and incorporated as a public body, corporate and politic. an independent, limited. special. and single purpose local government. an independent special dis­ trict. under section 189.404, Florida Statutes. as amended from time to time, and as defined in this Act and in section 189.403(3). Florida Statutes. as amended from time to time. in and for eastern Collier County. Any amend­ ments to chapter 190. Florida Statutes, after January 1. 2004. granting additional general powers. special powers. authorities. or projects to a com­ munity development district by amendment to its uniform charter. sections 190.006-190.041, Florida Statutes. shall constitute a general power. special power. authority. or function of the Ave Maria Stewardship Community District. Because all notices for the enactment by the Legislature of this Act.

a 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. and because Collier County is not a charter county. no referendum subsequent to the effective date of this Act is requ ir ed. The District. as created by this Act. is established on the property pursuant to section 6 and section 4(3).
The territorial boundary of the District shall embrace and include. without reservation or enclave. all of that certain real property described legally in the following section 4(2).
The jurisdiction of this District. in the exercise of its general and special powers. and in the carrying out of its single. narrow. and special purpose. is both within the external boundaries of the legal description of this District and extraterritorially when limited to. and as authorized ex­ pressly elsewhere in. the charter of the District as created in this Act or applicable general law. This single purpose District is created as a public body corporate and politic and local government authority and power is limited by its charter. this Act. and subject to the provisions of other general laws. including chapter 189. Florida Statutes. except that an inconsistent provision in this Act shall control and the District has jurisdiction to perform such acts and exercise such projects. functions. and powers as shall be necessary. convenient. incidental. proper, or reasonable for the implementa­ tion of its limited. single. and specialized purpose regarding the sound plan­ ning. provision. acquisition, development, operation. maintenance, and re­ lated financing of those public systems, facilities. services. improvements. projects. and infrastructure works as authorized herein including those necessary and incidental thereto.
Exclusive charter.-The exclusive charter of the "Ave Maria Steward­ ship Community District" is this Act and may be amended only by special act of the Legislature.
Section 4. Disposition of sections 2 and 3; legal description; exclusive charter of the Ave Maria Stewardship Community District .-  
EXCLUSIVE CHARTER.-This Act constitutes the exclusive charter of the Ave Maria Stewardship Community District.
LEGAL DESCRIPTION . The metes and bounds legal description of  the District. within which there are no enclaves or parcels of property owned by those who do not wish their  property  to  be included  within  the  District. is as follows :
METES AND BOUNDS DESCRIPTION
DESCRIPTION OF PART OF SECTIONS 21. 22. 27. 28. 29. 30. AND 33 AND ALL OF SECTIONS 31 AND 32. TOWNSHIP 47 SOUTH. RANGE 29 EAST.
AND
PART OF SECTIONS 4. 9. 16. 17. AND 18 AND ALL OF SECTIONS 5. 6. 7. AND 8. TOWNSHIP 48 SOUTH. RANGE 29 EAST.

AND
PART OF SECTIONS 1, 12 AND 13. TOWNSHIP 48 SOUTH. RANGE
28 EAST.
AND
ALL OF SECTION 36, TOWNSHIP 47 SOUTH. RANGE 28 EAST. COL­ LIER COUNTY. FLORIDA
COMMENCING AT the NORTHWEST CORNER OF SECTION 27. TOWNSHIP 47 SOUTH. RANGE 29 EAST. COLLIER COUNTY, FLOR­ IDA.
THENCE ALONG THE NORTH LINE OF SAID SECTION 27 NORTH 89°42'22" EAST 40.00 FEET TO THE INTERSECTION WITH THE WESTRIGHT-OF-WAYLINE OF CAMPKEIAS ROAD (80' RIGHT-OF­ WAY) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED:
THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING TWENTY FOUR (24) DESCRIBED COURSES:
1)	SOUTH 00°15'32" EAST 4936.39 FEET:
2) 395.35 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCU­ LAR CURVE CONCAVE WEST HAVING A RADIUS OF 3,707.51 FEET THROUGH A CENTRAL ANGLE OF 06°05'35" AND BEING SUB­ TENDED BY A CHORD WHICH BEARS SOUTH 02°47'23" WEST 395.17 FEET:
3) SOUTH 05°50'40" WEST 101.17 FEET:
4) THENCE SOUTH 89°37'49" WEST 7.63 FEET; 5) SOUTH 00°14'32" EAST 73.58 FEET:
6) SOUTH 05°51'27" WEST 224.83 FEET:
7) 403.87 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCU­ LAR CURVE CONCAVE EAST HAVING A RADIUS OF 3,798.14 FEET THROUGH A CENTRAL ANGLE OF 06°05'33" AND BEING SUB­ TENDED BY A CHORD WHICH BEARS SOUTH 02°45'21" WEST 403.68 FEET;
8)   SOUTH 00°14'33" EAST 1,907.96  FEET;
9)   SOUTH 00°22'10" EAST  2,609.43 FEET;
10)    SOUTH 00°30'10" EAST 2,673.59 FEET;
11)   SOUTH  00°35'31" EAST 2,684.14 FEET:
12)   SOUTH 00°38'11" EAST 2,610.47  FEET;

13) SOUTH 00°30'34" EAST 200.03 FEET:
14) 202.91 FEET ALONG THE ARC OF A CIRCULAR CURVE CON­ CAVE EAST HAVING A RADIUS OF 2,702.95 FEET THROUGH CEN­ TRAL ANGLE OF 04°18'04" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 02°39'36" EAST 202.86 FEET:
15)	SOUTH 04°48'38" EAST 400.00 FEET:
16) SOUTH 05°08'04" EAST 95.99 FEET:
17) SOUTH 00°29'16" EAST 101.03 FEET:
18)	CONTINUE	ALONG SAID LINE SOUTH 00°29'16" EAST 1,609.23 FEET:
19)    SOUTH  00°59'03" EAST  2,660.06 FEET;
20)	SOUTH  00°56'00" EAST  2,246.44 FEET;
21) 104.19 FEET ALONG THE ARC OF A NON-TANGENTIAL CIR­ CULAR CURVE CONCAVE WEST HAVING A RADIUS OF 461.33 FEET THROUGH A CENTRAL ANGLE OF 12°56'25" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°33'57" WEST 103.97 FEET:
22)	SOUTH 12°02'43" WEST 100.00 FEET:
122.31 FEET ALONG THE ARC OF A CIRCULAR CURVE CON­ CAVE EAST HAVING A RADIUS OF 540.00 FEET THROUGH CEN­ TRAL ANGLE OF 12°58'40" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 05°33'23" WEST 122.05 FEET:
SOUTH 00°55'58" EAST 49.54 FEET TO THE NORTH RIGHT OF WAY LINE OF OIL WELL ROAD (100' RIGHT OF WAY)
THENCE ALONG SAID NORTH RIGHT OF WAY IN THE FOLLOW­ ING EIGHT (8) DESCRIBED COURSES:
1)    SOUTH  88°57'46" WEST  2,595.92 FEET:
2)    SOUTH  88°54'34" WEST  2,641.05 FEET:
3)    SOUTH  88°57'06" WEST  2,570.04 FEET;
4)    SOUTH  88°55'37" WEST  2,702.71 FEET:
5)    SOUTH  88°56'50" WEST  2,645.03 FEET:
6)    SOUTH  88°56'28" WEST  2,639.06 FEET:
7)    SOUTH  89°44'55" WEST  2,676.56 FEET:
8) SOUTH 89°44'33" WEST 0.82 FEET TO THE WEST LINE OF  THOSE LANDS DESCRIBED IN O.R. BOOK 2493, PAGE 2779-2796:

THENCE ALONG SAID LINE NORTH 01°11'28" WEST 2.637 .90 FEET TO THE NORTH LINE OF THOSE LANDS DESCRIBED IN  O.R. BOOK 2493. PAGE 2779-2796;
THENCE ALONG SAID LINE NORTH 89°32'26" EAST 1,332.28 FEET TO A NORTHWEST CORNER OF THOSE LANDS DESCRIBED IN O.R. BOOK 2009 PAGE 1554-1558;
THENCE ALONG THE NORTH LINE OF SAID LANDS NORTH 89°32'26" EAST 360.40 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2943 PAGE 2779-2796;
THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 01°11'02" WEST 2,688.15 FEET TO THE INTERSECTION WITH SOUTH LINE OF SECTION 12, TOWNSHIP 48 SOUTH. RANGE 28 EAST.
THENCE ALONG SAID LINE SOUTH 89°24'56" WEST 151.63 FEET TO THE INTERSECTION WITH THE WEST LINE OF THOSE LANDS DESCRIBED IN O.R. BOOK 2493 PAGE 2779-2796;
THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00°44'30" WEST 5,387.66 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID SECTION 12;
THENCE ALONG SAID NORTH LINE NORTH 89°00'09" EAST 23.81 FEET TO INTERSECTION WITH THE WEST LINE OF THOSE  LANDS DESCRIBED IN O.R. BOOK 2493 PAGES 2779-2796;
THENCE ALONG THE WEST LINE OF SAID LANDS NORTH 00°43'12" WEST 5,312.87 FEET TO THE SOUTH LINE OF SECTION
36. TOWNSHIP 47 SOUTH. RANGE 28 EAST;
THENCE ALONG SAID SOUTH LINE SOUTH 89°28'47" WEST 1.591.63 FEET;
THENCE CONTINUE ALONG SAID SOUTH LINE SOUTH 89°28'47" WEST 2.658.12 FEET TO THE SOUTH WEST CORNER OF SAID SEC­ TION 36;
THENCE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00°12'02" WEST 2,594.56 FEET;
THENCE CONTINUE ALONG THE WEST LINE OF SAID SECTION 36 NORTH 00°13'09" EAST 2,595.59 FEET TO THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE ALONG THE NORTH LINE OF SAID SECTION 36 NORTH 89°57'18 " EAST 2.678.23 FEET;
THENCE CONTINUE ALONG THE NORTH LINE OF SAID SECTION NORTH 89°57'18" EAST 2,678 .23 FEET TO THE NORTH EAST COR­ NER OF SAID SECTION 36;

THENCE ALONG THE WEST LINE OF SECTION 30. TOWNSHIP 47 SOUTH, RANGE 29 EAST. NORTH 00°13'04" WEST 2,580.06 FEET:
THENCE CONTINUE ALONG SAID WEST LINE OF SAID SECTION 30 NORTH 00°10'45" WEST 2,527.41 FEET  TO THE  SOUTH  RIGHT OF WAY LINE OF IMMOKALEE ROAD (100' RIGHT OF WAY)
THENCE ALONG SAID RIGHT OF WAY LINE FOR THE FOLLOW­ ING NINE (9) DESCRIBED COURSES:
1) SOUTH 89°43'35" EAST 0.74 FEET:
2)   NORTH 87°40'12" EAST 2.582.06 FEET:
3)   NORTH 87°38'44" EAST 2.630.49 FEET:
4)   NORTH 87°41'38" EAST 2.640.92 FEET:
5)   NORTH 87°46'05" EAST 2.645.58  FEET:
6)   NORTH 89°37'45" EAST 2.687.06 FEET:
7) NORTH 89°39 '06" EAST 780.08 FEET:
3.074.23 FEET ALONG THE ARC OF A NON-TANGENTIAL CIR­ CULAR CURVE CONCAVE NORTHWEST HAVING A RADIUS OF
1.960.26 FEET THROUGH A CENTRAL ANGLE OF 89°51'20" AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 44°42'37" EAST 2,768.73 FEET:
NORTH 00°27'14" WEST 663.14 FEET TO THE INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID CAMP KEIAS ROAD:
THENCE ALONG SAID RIGHT-OF-WAY LINE IN THE FOLLOWING SEVEN (7) DESCRIBED COURSES:
1) SOUTH 89°56'24" EAST 266.14 FEET:
2) 722.56 FEET ALONG THE ARC OF A NON-TANGENTIAL CIRCU­ LAR CURVE CONCAVE SOUTHWEST HAVING A RADIUS OF 460.00 FEET THROUGH A CENTRAL ANGLE OF 89°59'58" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°56'23" EAST 650 .54 FEET:
3) SOUTH 00°03 '36" WEST 600 .0 0 FEET:
4) 529.01 FEET ALONG THE ARC OF A CIRCULAR CURVE CON­ CAVE WEST HAVING A RADIUS OF 760.00 FEET THROUGH CEN­ TRAL ANGLE OF 39°52'53" AND BEING SUBTENDED by a chord which bears South 20°00'02" West 518.39 feet:
5) SOUTH 39°56'29" WEST 543.45 FEET:

589.90 FEET ALONG THE ARC OF A CIRCULAR CURVE CON­ CAVE EAST HAVING A RADIUS OF 840.00 FEET THROUGH CEN­ TRAL ANGLE OF 40°14'11" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 19°49'24" WEST 577.85 feet:
South 00°17'42" East 60.83 feet TO THE POINT OF BEGINNING. CONTAINING 10805.08 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD . BEARINGS ARE BASED ON THE WEST HALF OF THE SOUTH LINE OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLOR­ IDA BEING SOUTH 88°54'34" WEST.
BOARD OF SUPERVISORS; MEMBERS AND MEETINGS; ORGA­ NIZATION; POWERS: DUTIES: TERMS OF OFFICE: RELATED ELEC­ TON REQUIREME NTS .-  
The Board of Supervisors of the District shall exercise the powers granted to the District pursuant to this Act in order to implement its special­ ized single purpose.
There is hereby created the Board of Supervisors of the Stewardship Community District which shall be the governing board and body of the Dist rict . Except as otherwise provided in this Act, each member shall hold office for a term of 4 years and until a successor is chosen and qualifies. There shall be five members of the Board of Supervisors who shall, in order to be eligible, be residents of the state and citizens of the United States. Three members shall constitute a quorum.
Within in 45 days after the effective date of this Act, a noticed special meeting of the landowners of the Ave Maria Stewardship Community  Dis­ trict shall be held for the purpose of electing the  members  to the  first Board  of Supervisors for the District as provided in this Act. Notice of such special meeting of the landowners shall be given  by causing publication  thereof,  to be made once a week for 2 consecutive weeks prior to such meeting in a newspaper of general paid subscription and circulation in Collier County the last day of such publication not to be fewer than 14 or more  than  28 days before the day of the election. Such special meeting of the  landowners  shall be held in a public place in Collier County and the place, date. and hour of  holding such meeting and the purpose  thereof  shall  be  stated  expressly  in the notice. The landowners when assembled shall  organize  by  electing  a Chair, who shall preside at the meeting of the landowners, and a Secretary, who shall record the proceedings. At such meeting, for the election of each person to be elected, each and every acre of land, or any fraction  thereof, within the boundary of the  District shall represent  one vote and  each owner  of that acre or fraction thereof shall be entitled to one  vote  for  every  such acre or fraction thereof. Persons who qualify to serve as board members shall be nominated at the noticed meeting prior to  the  initial  election  at  the  noticed meeting. A landowner may vote in person or by proxy in writing . A landowner who sells land to a bona fide purchaser may by written lawful instrument retain the voting rights for that acreage.
At the landowners meeting for the election of the members of the Board of Supervisors on a one-acre, one-vote basis, the two candidates re-

ceiving the highest number of votes shall be elected for a term expiring November 30. 2006, and the three candidates receiving the  next  largest  number of votes shall be elected for a term expiring November 30. 2008. The members of the first board elected by the landowners shall serve their 4-year  or 2-year term; however. the  next election  by the  landowners  shall  be held  on the first Tuesday in November. Thereafter, there shall be an election of supervisors for the District every 2 years in  November  on a date established by the board and noticed pursuant to paragraph (c). The two candidates receiving the highest number of votes shall be elected to serve for a 4-year period and the remaining candidates shall serve for a 2-year period.
The landowners present at the meeting shall constitute a quorum.
(D All vacancies or expirations  on the  Board of Supervisors  shall be filled as provided by this Act.
In case of a vacancy in the office of any member of the Board of Supervisors, the remaining members of the Board of Supervisors shall by majority vote appoint a person to serve as a member of the Board of Supervi­ sors for the unexpired portion of the term.
If the board proposes to exercise its  limited  ad valorem  taxing power  as provided in the charter, the provisions of paragraph (14)(a) shall apply.
ELECTION; POPULAR ELECTIONS. REFERENDUM AND DES­ IGNATION OF URBAN AREAS.-
Elections of the members of the board shall be conducted on a  one­ acre, one-vote basis as provided in paragraph (3)(c), until and unless the provisions of paragraph (4)(b) apply. When and as applicable  and  required, the appropriate provisions of section 189.405. Florida Statutes, as amended from time to time. apply.
A referendum shall be called by the Board of Supervisors of the District. each member elected on a one-acre, one -vote basis. on the question of whether certain members of the board should be elected by qualified electors. providing each of the following conditions has been satisfied at least 60 days prior to the general or special election at which the  referendum  is to be held:
That the District has at least 500 qualified electors, based on the most recent state population estimate.
A petition signed by 10 percent of the qualified electors of the District shall have been filed with the Board of Supervisors of the Dist rict . The petition shall be submitted to the Supervisor of Elections of Collier County who shall, within 30 days after receipt  of the  petition,  certify  to  the  board the percentage of signatures of qualified electors contained on the petition.
Upon verification by the Supervisor of Elections that 10 percent of the qualified electors of the District have  petitioned  the  Board  of Supervisors, the next regularly scheduled election of governing board  members  shall  occur at least 60 days after verification of the petition.

If the gualified electors approve the  election procedure described  in  this section, the governing board of the District shall remain five members and elections shall be held pursuant to the criteria described in this section, beginning with the next regularly scheduled election of governing board members or at a special election called within 6 months following the refer­ endum and final unappealed approval of District urban area maps as pro­ vided in this section, whichever is earlier.
If the gualified electors of the District disapprove the election proce­ dure described in this section. elections of the members of the Board of Supervisors shall continue as described in this Act on a one-acre, one-vote basis. No further referendum on the question shall be held for a minimum period of 2 years following the referendum.
Within 30 days after approval of the election process described in this section by qualified electors of the District, the Board of Supervisors shall direct the District staff to prepare and to present maps of the District describing the extent and location of all urban areas  within  the  District. such determination shall be based upon the criteria contained in the defini­ tion of urban area, in this Act.
Within 60 days after approval of the election process described in this subsection by qualified electors of the District, the maps describing urban areas within the District shall be presented to the Board of Supervisors.
Any District landowner or elector may contest the accuracy of the urban area maps prepared by the staff of the District within 30 days after submission to the Board of Supervisors. Upon notice of objection to the maps, the governing board shall request the county engineer to prepare and present maps of the District describing the extent and location of all urban areas within the District. Such determination shall be based limitedly and exclusively upon the criteria contained in the definition in this Act of urban area. Within 30 days after the governing board requests. the county  engi­ neer shall present the maps to the governing board.
Upon presentation of the maps by the county engineer. the governing board shall compare the maps submitted by both the District staff and the county engineer and make a determination as to which set of maps to adopt. Within 60 days after presentation of all such maps, the governing board may amend and shall adopt the official maps at a regularly scheduled board meeting.
Any District landowner or qualified elector may contest the accuracy of the urban area maps adopted by the board after adoption in accordance with the provision for judicial review as provided in Florida Administrative Procedure Act. Accuracy shall be determined pursuant to the definition of urban area as contained in this Act.
Upon adoption by the Board of Supervisors or certification by the court, the District urban area maps shall serve as the official maps for determination of the extent of the urban area within the District and the number of members of the Board of Supervisors to be elected by qualified

electors and by the one-acre. one-vote principle at the next regularly sched­ uled election of governing board members.
Upon a deter mination of the percentage of urban area within the District as compared with total area within the District. the governing board shall determine the number of electors in accordance with the percentages pursuant to this paragraph. The landowners' meeting date shall be desig­ nated by the Board of Supervisors.
The map shall be updated and readopted every  5  years  or  sooner  at the discretion of the Board of S upe rvisors .
Governing board.-
Thecomposition of the governing board shall be as follows:
The five members of the governing board of the District shall be elected in accordance with the following determinations of urban area:
If urban areas constitute 25 percent or less of the District. one govern­ ing board member shall be elected by the qualified electors arid four govern­ ing board members shall be elected in accordance with the one-acre. one-vote principle contained in subsection (3) or the district's enabling legislation.
If urban areas constitute more than  25  percent  but  less  than  50  percent of the District. two governing board members shall be elected by the qualified electors and three governing board members shall be elected in accordance with the one-acre. one-vote principle  contained  in subsection  (3)  or the district 's enabling legislation.
If urban  areas constitute  at  least 50 percent  but  less than 70 percent  of the District. three governing board members shall be elected by the quali­ fied electors and two governing board members shall  be elected  in accord­ ance with the one-acre/one-vote principle contained in subsection (3) or the district 's enabling legislation.
If urban areas constitute at least 70 percent  but less than 90 percent of the District. four governing board members shall be elected by the quali­ fied electors and one governing board member shall be elected in accordance with the one-acre. one-vote principle contained in subsection (3) or the dis­ trict's enabling legislation.
If urban areas  constitute  at  least  90 percent  or  more  of the  District, all governing board members shall be elected by the qualified electors.
All members of the Board of Supervisors. 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 section 876.05. Florida Statutes. as amended from time to time. All members of the Board of Supervisors. regardless of how elected, and regardless of whether they are qualified electors themselves or not. shall be public offi­ cials and subject to ethics and conflict of interest laws of the state that apply to all public officers. They shall hold office for the terms for which they were elected and until their successors are chosen and qu a lified .

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 shall be filled by  the  Governor.  as  soon as practicable. unless filled by the board as provided in this Act.
All governing board members elected by qualified electors shall be qualified electors elected at large. Candidates seeking election as qualified electors shall conduct their campaigns in accordance with the provisions of chapter 106. Florida Statutes. as amended from time to time, and shall file petitions as required in section 99.021, Florida Statutes. as amended from time to time, and take the oath therein pr escribed .
All governing board members elected by qualified electors shall have   a term of 4 years except for governing board members elected at the first election and the first landowners' meeting following the referendum pre­ scribed in paragraph (b). Governing board members elected at the first election and the first landowners' meeting following the referendum shall serve as follows:
If one governing board member is elected by the qualified electors and four are elected on a one-acre. one-vote basis, the governing board member elected by the qualified electors shall be elected for a period of 4 years. Governing board members elected on a one-acre. one-vote basis shall  be  elected for a specified period of years. as prescribed by subsection (3 ).
If two governing board members are elected by the qualified electors and three are elected on a one-acre, one-vote basis, the governing board members elected by the qualified electors shall be elected for a period of 4 vears. Governing board members elected on a one-acre, one-vote basis shall be elected for periods of 1, 2, and 3 years. respectively. as prescribed by subsection (3).
If three governing board members are elected by the  qualified  elec­ tors and two are elected on a one-acre. one-vote basis. two of the governing board members elected  by the  qualified  electors shall  be elected  for a  term  of 4 years and the other governing board member elected by the qualified electors shall be elected for a term of 2 yea rs . Governing board members elected on a one-acre. one-vote basis shall be elected for periods of 1 year and    2 years. respectively. as prescribed by subsection (3).
If four governing board members are elected by the qualified electors and one is elected on a one-acre/one-vote basis. two of the governing board members elected by the qualified electors shall be elected for a term of 2 years and the other two for a term of 4 years. The governing board member elected on a one-acre. one-vote basis shall be elected for a term of 1 year as prescribed by subsection (3 ).
If five governing board members are elected by the qualified electors, three shall be elected  for  a  term  of  4  years  and  two for  a  term  of 2  years.
If any vacancy occurs in a seat occupied by a governing board mem­ ber elected by the  qualified electors, the  remaining members of the govern-

ing board shall. within 45 days after the vacancy occurs. appoint a person who would be eligible to hold the office for the unexpired term.
Each and every election, by qualified electors. of members of the Board of Supervisors pursuant to this Act shall be conducted in the manner and at a time prescribed by law for holding general elections or prescribed by the Supervisor of Elections in and for the Collier County political subdivi­ sion.
e.l. An annual landowners' meeting shall be held pursuant to subsection (3) and at least one governing board member shall be elected on a one-acre, one-vote basis pursuant to subsection (3) for so long as 10 percent or more  of the District is not contained in an urban area. In the event that all District governing board members are elected by qualified electors, there shall be no further landowners' meetings.
At any landowners' meeting called pursuant to this section. 50 percent of the District acreage shall not be required to constitute a quorum and each governing board member shall be elected by a majority of the acreage repre­ sented either by owner or proxy present and voting at said meeting.
All landowners' meetings of districts  operating  pursuant  to  this  sec­  tion shall be set by the board within the month preceding the month of the election of the governing board members by the electors.
Vacancies on the board shall be filled pursuant to subsection (3) and this subsection except as otherwise provided in this section.
Three of the members of the Board of Supervisors constitute a quorum  for the purpose of conducting its business and  exercising its  powers  and  for all other related purposes. Action taken by the District Board of Supervisors present shall be upon a vote of the majority of the members present, unless general law or rule of the  District  subsequently  promulgated  requires  a greater number.
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.
The board shall keep a permanent record book entitled "Record of Proceedings of Ave Maria Stewardship Community 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 shall at reasonable times be opened to inspection in the same manner as state. county. and municipal records  pursuant to chapter  119,  Florida Stat utes . The record book shall be kept at the  office or other regular place  of business maintained by the Board of Supervisors within Collier County.
Each supervisor shall be entitled to receive for his or her services an amount not to exceed $200 per meeting of the Board of Supervisors, not to exceed $4,800 per year per supervisor, or an amount established by the electors voting in a referendum. In addition, each supervisor shall receive

travel and per diem expenses as set forth in section 112.061, Florida Stat­ utes, as amended from time to time .
All meetings of the board shall be open  to the  public and  governed  by  the provisions of chapter 286, Florida Statutes.
2. The members of the Board of Supervisors of the District, whether elected on a one-acre, one-vote basis or a qualified elector basis, shall consti­ tute the members of the governing board of the District subject to the requirements of this Act.
BOARD OF SUPERVISORS; GENERAL DUT IES.- 
The board shall employ and fix the compensation of a District Man­ ager. The District Manager shall have charge and supervision of the works  of the District and shall be responsible for preserving and maintaining any improvement or facility constructed or erected pursuant to the provisions of this Act, for maintaining and operating the equipment owned by the Dis­  trict, and for performing such other duties as may be  prescribed  by  the board . It shall not be a conflict of interest under chapter 112, Florida Stat­ utes, as amended from time to time. for a board member. the District Man­ ager. or another employee of the District to be a stockholder. officer, or employee of a landowner. The District Manager may hire or otherwise em­ ploy and terminate the employment of such other persons. including. with­ out limitation. professional. supervisory, and clerical employees. as may be necessary and authorized by the board . The compensation and other condi­ tions of employment of the officers and employees of the District shall be as provided by the board .
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 Dist rict . Such funds shall be disbursed only upon the order or pursuant  to a resolu­ tion 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 du ties. The financial records of the board shall be audited by an independent certified public accountant at least once a year.
The board is authorized to select as a depository for its funds any qualified public depository as defined in section 280.02. Florida Statutes. as amended from time to time which meets all the requirements of chapter 280, Florida Statutes. as amended from time to time, and  has  been  designated  by the Treasurer as a qualified public depository upon such terms and conditions as to the payment of interest  by such depository upon the funds  so deposited as the board may deem just and reasonable.
BUDGET; REPORTS AND REVIEWS.-

The District shall provide financial reports in such form and such manner as prescribed pursuant to this Act and chapter 218, Florida  Stat­ utes. as amended from time to time.
On or before July 15 of each year,  the  District  Manager  shall  prepare a proposed budget for the  ensuing fiscal  year  to  be submitted  to  the  board for board approval. The proposed budget shall include at the direction of the board an estimate of all necessary expenditures of the  District for the  ensu­  ing fiscal year and an estimate of income to the District from the taxes and assessments provided in this Act. The board shall consider  the  proposed budget item by item and may either approve the budget as proposed by the District Manager or modify the same in part or in whole. The board shall indicate its approval of the budget by resolution, which  resolution  shall provide for a hearing on the  budget  as  approved.  Notice  of the  hearing  on the budget shall be published in a  newspaper  of general  circulation  in  the  area of the district once a week for 2 consecutive weeks. except that the first publication shall be not fewer than 15 days prior to the  date of the  hearing.  The notice shall further contain a designation  of the  day. time.  and  place of  the public hearing. At the time and place designated in the notice. the board shall hear all objections to the budget as proposed and  may  make  such changes as the board deems necessary. At the conclusion of the  budget hearing. the board shall. by resolution. adopt the budget  as  finally  approved  by the board. The budget shall be adopted prior to October 1 of each year.
At least 60 days prior to adoption, the Board of Supervisors of the District shall submit to the Collier County Board of County Commissioners. for purposes of disclosure and information only. the proposed annual budget for the ensuing fiscal year and the Board of County Commissioners may submit written comments to the Board of Supervisors solely for the assist­ ance and information of the Board of Supervisors of the District in adopting its annual District budget.
The Board of Supervisors of the District shall submit annually. to the Board of County Commissioners of Collier County. its District public facili­ ties report under section 189.415(2). Florida Statutes. as amended from time to time. addressing specifically shor t-ter m and long-term innovative sys­ tems. facilities. and services consistent with the unique nature of the new university town community in the Eastern Collier County Stewardship Area Overlay. as to which the Board of County Commissioners of Collier County shall use and rely on the District public facilities report in  the  preparation or revision of the Collier County Growth Management Plan. specifically under section 189.415(6). Florida Statutes. as amended from time to time.
DISCLOSURE OF -P UBLIC FINANCING.-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

32
CODING: Words s rieken are deletions; words underlined are additions.

provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. The Division of Florida Land Sales, Condomini­ ums. and Mobile Homes of the Department of Business and Professional Regulation shall ensure that disclosures made by developers pursuant to chapter 498, Florida Statutes, meet the requirements of section 190.009(1), Florida Statutes.
GENERAL POWERS.-The District shall have, and the board may exercise, the following general powers:
To sue and be sued in the name of the District: to adopt and use a seal and authorize the use of a facsimile thereof: to acquire, by purchase, gift, devise, or otherwise, and to dispose of real and personal property, or any estate therein: and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
To apply for coverage of its employees under the Florida Retirement System in the same manner as if such employees were state employees, subject to necessary action by the District to pay employer contributions into the Florida Retirement System Trust Fund.
To contract for the services of consultants to perform planning, engi­ neering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation re­ quirements as set forth in subsection (21).
To borrow money and accept gifts: to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any District purposes and enter into agree­ ments required in connection therewith; and to hold, use, and  dispose  of  such moneys or property for any District purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto.
To adopt rules and orders pursuant to the provisions of chapter 120, Florida Statutes. as amended from time to time, prescribing the powers, duties, and functions of the officers of the District: the conduct of the busi­ ness of the District: the maintenance of records: and the form of certificates evidencing tax liens and all other documents and records of the District. The board may also adopt administrative rules with respect to any of the projects of the District and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of District busi­ ness.
(D To maintain an office at such place or places as the Board of Supervi­ sors designates in Collier County, and within the District when facilities are available.
To hold, control, and acquire by donation, purchase. or condemnation, or dispose of, any public easements, dedications to public use, platted reser­ vations for public purposes, or any reservations for those purposes author­ ized by this Act other than public easements conveyed to or accepted by

Collier County and to make use of such easements, dedications. or reserva­ tions for the purposes mandated by this Act.
To lease as lessor or lessee to or from any person, firm, corporation, association, or body. public or private, any projects of the type that the District is authorized to undertake and facilities or property of any  nature for the use of the District to carry out the purposes mandated by this Act.
To borrow money and issue bonds. certificates. warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such tax and assessments as may be authorized: and to charge. collect. and enforce fees and other user charges subject as applicable to subsections (10)-(13).
To raise. by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of District activities and services and to enforce their receipt and collection in the manner pre­ scribed by resolution not inconsistent with law.
To exercise within the District, or beyond the District with prior approval by super majority vote of a resolution of the governing body of the county if the taking will occur in an unincorporated area. the right  and power of eminent domain. pursuant to the provisions of chapters 73 and 74. Florida Statutes. as they may be amended from time to time, over any property within the state. except municipal, county, state. and federal prop­ erty. for the uses and purpose of the District relating solely to water. sewer. District roads. and water management, specifically including, without limi­ tation, the power for the taking of easements for the  drainage  of the  land  of one person over and through the land of an ot her .
To cooperate with. or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties. or purposes authorized by this Act.
To assess and to impose upon lands in the District ad valorem taxes as provided and limited by this Act.
If and when authorized by general law, to determine, order, levy, impose, collect, and enforce maintenance taxes.
To determine, order. levy, impose, collect. and enforce assessments pursuant to this Act, which sets forth a detailed uniform procedure to imple­ ment chapter 170. Florida Statutes, and, as an alternative, to determine, order, levy, impose. collect, and enforce assessments under and pursuant to chapter 170, Florida Statutes, as amended from time to time. pursuant to authority granted in section 197.3631, Florida Statutes, as amended from time to time. or pursuant to other provisions of general law now or hereinaf­ ter enacted which provide or authorize a supplemental means to impose, levy, and collect special assessments. Such special assessments. in the dis­ cretion of the District. as provided in section 197.3631. Florida Statutes, as amended from time to time. may be collected and enforced pursuant to the provisions of sections 197.3632 and 197.3635. Florida Statutes, and chapters 170 and 173. Florida Statutes, as they may be amended from time  to time.  or as provided by this Act.

To exercise such special powers and other express powers as may be authorized and granted by this Act in the charter of the District including powers as provided in any interlocal agreement entered into pursuant to chapter 163. Florida Statutes. as amended from time to time. or which shall be required or permitted to be undertaken by the District pursuant to any development order or development of regional impact, including any interlo­ cal service agreement with Collier County for fair-share capital construction funding for any certain capital facilities or systems required of the developer pursuant to any applicable development order or agreement.
To exercise all of the powers necessary, convenient. incidental, or proper in connection with any other powers or duties or the  single  purpose of the District authorized by this Act.
The provisions of this section on general powers shall be construed liberally in order to carry out  effectively  the  single  specialized  purpose  of  this Act and to secure for the  District  its  ability  to be innovative  in  and  for the Rural Lands Stewardship Ove rlay.
SPECIAL POWERS.-The District shall have the following special powers to implement its lawful, single, and special purpose and to provide, pursuant to that purpose, basic systems, facilities. services, improvements, projects, works, and infrastructure in and subject to the Stewardship Over­ lay, each of which constitutes a lawful public purpose when exercised pursu­ ant to this charter, subject to. and not inconsistent with. the regulatory jurisdiction and permitting authority of all other applicable governmental bodies. agencies, and any special districts having authority with respect to any area included therein. and to plan. establish. acquire, construct or re­ construct. enlarge or extend, equip, operate, finance, fund, and maintain improvements, systems, facilities, services, works, projects, and infrastruc­ ture. Any or all of the following special powers are granted by this Act in order to implement the special requirements of this university new town community within the Stewardship Overlay and the single special  purpose of the Dist r ict:
Water management and control for the lands within the District  and to connect some or any of such facilities with roads and bridges. In the event that the board assumes the responsibility for providing water management and control for the District which is to be financed by a benefit special assessments, the board shall adopt  plans  and assessments  pursuant  to law or may proceed to adopt water management and control plans. assess for benefits, and apportion and levy special assessments, as follows :
The board shall cause to be made by the Distri ct's  engineer,  or such other engineer or engineers as the board may employ for  that  purpose. complete and comprehensive water management and control plans  for  the lands located within the District that will be  improved  in  any  part  or  in whole by any system of facilities that maybe outlined and adopted. and the engineer shall make a report  in  writing to the  board  with  maps  and  profiles of said surveys and an estimate of  the  cost of carrying  out  and  completing  the plans.

Upon the completion of such plans, the board shall hold a hearing thereon to hear objections thereto. shall give notice of the time and place fixed for such hearing by publication once each week for 2 consecutive weeks in a newspaper of general circulation in the general area of the District. and shall permit the inspection of the plan at the office of the District by all persons interested. All objections to the plan shall be filed at or before the time fixed in the notice for the hearing and shall be in writing.
After the hearing; the board shall consider the proposed plan and any objections thereto and may modify, reject, or adopt the plan or continue the hearing until a day certain for further consideration of the proposed plan or modifications thereof.
When the board approves a plan, a resolution shall be adopted and  a certified copy thereof shall be filed in  the  office of the  Secretary  and incorpo­ rated by him or her into the records of the District.
The water management and control plan may be altered in detail from time to time until the appraisal record herein provided is filed, but not in such manner as to affect materially the conditions of its adoption. After the appraisal record has been filed, no alteration of the plan shall be made. except as provided by this Act.
Within 20 days after the final adoption of the plan by the board. the board shall proceed pursuant to section 298.301. Florida Statutes, as amended from time to time.
Water supply, sewer. and wastewater management. reclamation, and reuse, or any combination thereof. and any irrigation systems, facilities, and services and to construct and operate connecting intercepting or outlet sew­ ers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway. or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system.
The District may not purchase or sell a water, sewer, or wastewater reuse utility that provides service to the public for compensation, or enter into a wastewater facility privatization contract for a wastewater facility, until the governing body of the  Stewardship Community District  has held  a public hearing on the purchase, sale, or wastewater facility privatization contract and made a determination that the purchase, sale, or wastewater facility privatization contract is in the public interest.
In determining if the purchase, sale, or wastewater facility privatiza­ tion contract is in the public interest, the Stewardship Community District shall consider, at a minimum, the following:
The most recent available income and expense statement for the util-
!k
The most recent available balance sheet for the utility, listing assets and liabilities and clearly showing the amount of contributions-in-aid-of­ construction and the accumulated depreciation thereon;

A statement of the existing rate base of the utility  for  regulatory purposes;
The physical condition of the utility facilities being purchased, sold, or subject to a wastewater facility privatization contract;
The reasonableness of the purchase, sales, or wastewater facility privatization contract price and terms;
The impacts of the purchase, sale, or wastewater facility privatization contract on utility customers, both positive and negative;
Any additional investment required and the ability and willingness of the purchaser or the private firm under a wastewater facility privatization contract to make that investment, whether the purchaser  is the  District  or the entity purchasing the utility from the District;
In the case of a wastewater facility privatization contract, the  terms  and conditions on which the private firm will provide capital investment and financing or a combination thereof for contemplated capital replacements, additions, expansions, and repairs. The District shall give significant weight to this criteria:
The alternatives to the purchase, sale, or wastewater facility privatiza­ tion contract and the potential impact on utility customers if the purchase, sale, or wastewater facility privatization contract is not made;
The ability of the purchaser or the private firm under a wastewater facility privatization contract to provide and maintain high-quality and cost­ effective utility service, whether the purchaser is the District or the entity purchasing the utility from the District;
In the case of a wastewater facility privatization contract, the District shall give significant weight to the technical expertise and experience of the private firm in carrying out the obligations specified in the wastewater facility privatization contract; and
All moneys paid by a private firm to a District pursuant  to a waste­ water facility privatization contract shall be used for the purpose ofreducing or offsetting property taxes, wastewater service rates, or debt reduction or making infrastructure improvements or capital asset expenditures or other public purpose; provided, however, nothing herein shall preclude the Dis­ trict from using all or part of the moneys for the purpose of the Dis trict 's qualification for relief from the repayment of federal grant awards associ­ ated with the wastewater system as may be required by federal law or regulation.

The District shall prepare a statement showing that the purchase, sale, or wastewater facility privatization  contract is in the public interest, including  a summary of the  purchaser's  or private firm's experience in water, sewer,  or wastewater reuse utility operation and a showing of financial ability to provide the service, whether the purchaser  or private firm is the District or  the entity purchasing the utility from the District .

Bridges or culverts that maybe needed across any drain, ditch, canal. floodway, holding basin. excavation. public highway, tract, grade, fill. or cut and roadways over levees and  embankments,  and  to construct any and all of such works and improvements across, through, or over any public right-of­ way, highway. grade, fill. or cut.
District roads equal to or exceeding the specifications of the  county in which such District roads are located, and street lights. including condi­ tions of development approval which sometimes may be different specifica­ tions then the normal specifications of the county. This special power in­ cludes construction. improvement, pavement, and maintenance of roadways and roads necessary and convenient for the exercise of the powers or duties of the District to:
Implement its single purpose;
Include as a component thereofroads. parkways, bridges, landscaping. irrigation, bicycle lanes. and jogging paths. street lighting. traffic signals, road striping, and all other customary elements of a modern road system in general or as tied to the conditions of development approval for the specific Ave Maria Community Development; and
Plan. implement, construct or reconstruct, enlarge or extend, finance. fund. equip, operate, and maintain  parking  facilities  that are freestanding or that may be related to any innovative strategic intermodal system of transportation pursuant to applicable federal, state, and local law and ordi­ nance.
Buses. trolleys. transit shelters. ridesharing facilities and services, parking improvements, and related signage.
Investigation and remediation costs associated with the cleanup of actual or perceived environmental contamination within the District under the supervision or direction of a competent governmental authority unless the covered costs benefit any person who is a landowner within the District and who caused or contributed to the contamination.
Conservation areas, mitigation areas. and wildlife habitat. including the maintenance of any plant or animal species, and any related interest in real or personal property.
Using its general and special powers as set forth in this Act, any other project within or without the boundaries of a District when the project is the subject of an agreement between the District and the Board of County Commissioners of Collier County or with any applicable other public or private entity. including a homeowners' association, and is not inconsistent with the Collier County Comprehensive Plan, the Growth Management Plan. and the Stewardship Overlay which implement the single special purpose of the District.
Parks and facilities for indoor and outdoor recreational, cultural, and educational uses.

Fire prevention and control, including fire stations. water mains and plugs, fire trucks, and other vehicles and equipment.
School buildings and related  structures. which may be leased,  sold,  or donated to the school district. for use in the educational system when authorized by the district school board. The Stewardship Community Dis­ trict is granted the special power to contract with the Collier County School Board and, as applicable, the Board of County Commissioners of Collier County, and with the applicable landowner developer of the lands within the jurisdiction of the District. to assess the school district educational facilities plan, and to implement a management and financing plan for timely con­ struction. maintenance, and acquisition. at the option of the Stewardship Community District, school facilities. including facilities identified in the facilities work programs or those proposed by charter schools. The Steward­ ship Community District is granted the special power to determine, order, levy, impose, collect. or arrange for the collection and enforcement of assess­ ments, as defined in and pursuant to this Act for such school facilities. The Stewardship Community District created under and by this Act is eligible for the financial enhancements available to educational facilities benefit districts to provide for financing the construction and maintenance of educa­ tional facilities pursuant to section 1013.356, Florida Statutes, and, if and when authorized by general law, to acquire such educational facilities. This Act. in the place of an educational facilities benefit district. authorizes the Collier County School Board to designate the Ave Maria Stewardship Com­ munity District. The Stewardship Community District is authorized to enter into an interlocal agreement with the Collier County School Board and, as applicable. the Board of County Commissioners of Collier County and appli­ cable private landowners and developers, and the Ave Maria University in order to provide for such construction, maintenance, and acquisition and in order to receive the applicable financial enhancements provided by section 1013.356, Florida Statutes. The interlocal agreement shall among other things consider absorption rates, sales rates, and related  data  of existing and projected schools. racial, ethnic. social, and economic balance within the Collier County School District under applicable state and federal law and the provision of school attendance zones to allow  students  residing within  a reasonable distance of the facilities constructed and financed through the interlocal agreement to attend such facilities. It is provided. because these facilities are funded by assessments and not by taxes of any type. that the provision of these facilities may be multiuse and, consistent with the provi­ sions of this Act. shall be first liens on the property upon a showing of special and peculiar benefits that flow to the applicable property as a logical connec­ tion from the systems, facilities. and services. resulting in added use. en­ hanced enjoyment, decreased insurance premiums, or enhanced value in marketability so that the Legislature finds that the provisions of the Florida Constitution for free public schools are implemented and enhanced.
Security, including, but not limited to. guardhouses, fences, and gates. electronic intrusion-detection systems. and patrol cars. when authorized by proper governmental agencies: except that the District may not exercise any powers of a law enforcement agency, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the District boundaries. Notwithstanding any provision of

general law. the District may operate guardhouses for the  limited  purpose of providing security for the residents of the District and which serve a predominate public. as opposed to private. purpose. Such guardhouses shall be operated by the District  or  any other  unit  of  local  government pursuant to procedures designed to serve such security  purposes  as  set forth in rules adopted by the board. from time to time. following the procedures set froth in chapter 120. Florida Statutes.  as  amended  from time to time.
Control and elimination of mosquitoes and other arthropods of public health importance.
Waste. waste collection. and disposal.
To enter into impact fee credit agreements with Collier Coun ty. Under such agreements. where the District constructs or makes contribu­ tions for public systems, facilities. services. projects. improvements. works. and infrastructures for which impact fee credits would be available to the landowner developer under the Collier County applicable impact fee ordi­ nance. the agreement authorized by this Act shall provide such impact fee credit shall inure to the landowners within the District in proportion to assessments or other burdens levied and imposed upon the landowners with respect to assessable improvements giving rise to such impact fee credits. and the District shall from time to time execute such instruments. such as assignments of impact fee credits. as may be necessary. appropriate. or desirable to accomplish or to confirm the foregoin g.
To establish and create. at noticed meetings. such government de­ partments of the Board of Supervisors of the District. as well as committees. task for ces. boards. or commissions. or other agencies under the supervision and control of the District. as from time to time the  members of the  Board of Supervisors may deem necessary or desirable in the performance of the acts or other things necessary to exercise its general or special powers to implement an innovative project to carry out the special purpose of the District as provided in this Act and to delegate the exercise of its powers to such departments. boards. task forces. committees. or other agencies such administrative duties and other powers as the Board of Supervisors may deem necessary or desirable but only if there is a set of expressed limitations for accountability. notice. and periodic written reporting to the Board of Supervisors which shall retain its powers.
(g) Consistent with stewardship of the Rural Lands Stewardship Area Zoning Overlay District and so long as not inconsistent with the applicable local government comprehensive plan and development en titlemen ts. the District may coordinate with the landowner developer and with the univer­ sity on the phasing of the delivery of infrastructure and may create phase entities or units for its charter pur pose. Toward this end. and so long as it implements the purpose of the District under this Act. the Board of Supervi­ sors may designate units of developmen t and adopt systems of progressive phased development by units with related management planning. imple­ mentation, construction, maintenance. and financing within its phased un it . If the Board of Supervisors proceeds to designate such phased units of development. it must adopt at a noticed meeting pursuant to chapter 120.

Florida Statutes. as amended from time to time. a rule setting forth detailed procedures and authorizations for such phase unit processes . A committee. department. or agency of the board shall be given express duty of oversight with monthly written reports to the Board of S u pe rvisors. No such phased units can begin or operate until or unless the required noticed rule has been adopted . With regard to any phased unit, there shall be no bonded indebted ­ ness and no levy of any lienable or nonlienable revenue. whether to amortize bonds or not. within the boundary of a phrased unit other than by the Board of Supervisors and pursuant to the powers. procedures. and provisions of this Act and other applicable laws.
To plan. establish, acquire, construct, or reconstruct. enlarge or ex­ tend. equip. operate. maintain, finance and fund  buildings  and  structures for District offices. maintenance facilities. meeting facilities. town  centers or any other  project authorized  or granted  by this Act upon a showing at    a noticed meeting of its efficacy to the  specialized  single purpose of this Dis­ trict for the new university town community in the Rural Lands Steward­ ship Zoning Overlay District.
To plan. establish, acquire, construct or reconstruct, enlarge or ex­ tend. equip. operate. maintain. finance. and fund edifices and  facilities for the provision of healthcare. and to include the operation of any one or more of such facilities when authorized by applicable public or private agencies providing healthcare and upon a showing of efficacy to carryout the purpose of the District in the Rural Lands Stewardship Zoning Overlay District.
To enter into an agreement with the Ave Maria University, upon a showing of efficacy in implementing the single specialized purpose of the District in the Stewardship  Overlay. for the  planning.  establishment. acqui­ sition. construction or reconstruction. enlarging or extending. equipping, operating. maintaining, financing, and funding of  any innovative system, facility, or service constituting a project as defined in this Act.
To adopt and enforce appropriate rules following the procedures of chapter 120, Florida Statutes, in connection with the provisions of one or more its systems. facilities. services, projects, improvements,  works. and infr astr ucture.
The enumeration of special powers herein shall not be deemed exclu­ sive or restrictive, but shall be deemed to incorporate all powers express or implied necessary or incident to carrying out such enumerated special pow­ ers, including also the general powers  provided  by this special  act charter to the District to implement its single purpose.
The provisions of this section on special powers shall be construed liberally in order to carry out effectively the single purpose of this District under this Act and to secure for the District its ability  to be innovative  in  and for the Rural Lands Stewardship Overlay.
ISSUANCE OF BOND A.1.-.JT I CIP AT IO N NOTES.-In addition to the other powers provided for in this Act. and not in limitation thereof. the District shall have the power. at any time. and from time to time after the issuance of any bonds of the District shall have been authorized. to borrow

money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal sum not in excess of the authorized maxi­ mum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the board  may determine not  to exceed the maximum rate  allowed  by general law, mature at  such time  or times not later than 5 years from the date of issuance, and be in such form and executed in such manner  as the board shall prescribe . Such notes may  be sold at either public or private sale or. if such notes shall be  renewal notes, may be exchanged for notes then outstanding on such terms as the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may, in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments levied for the payment of such bonds. but in such event a like amount of the bonds authorized shall not be iss ued.
SHORT-TERM BORROWING .- The District at any time may ob­ tain loans, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the District or any costs incurred or that maybe incurred in connection with any of the projects of the District, which loans shall bear interest as the board deter­ mines as not to exceed the maximum rate allowed by general law, and may be payable from and secured by a pledge of such funds, revenues. taxes, and assessments as the board may determine, subject. however, to the provisions contained in any proceeding under which bonds were theretofore issued and are then outstanding. For the purpose of defraying such costs and expenses, the District may issue negotiable notes. warrants, or other evidences of debt to be payable at such times, to bear such interest as the board may deter­ mine, not to exceed the maximum rate allowed by general law. and to be sold or discounted at such price or prices not less than 95 percent of par  value and on such terms as the board may deem advisable . The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds. revenues, taxes. and assessments of the District. The approval of the electors residing in the District shall not be necessary except when required by the State Const it u tion .
BONDS.- 
Sale ofbonds.-Bonds maybe sold in blocks or installments at differ­ ent times, or an entire issue or series  may be sold at  one time. Bonds  may be sold at public or private sale after such advertisement, if any, as the board may deem advisable but not in any event at less than 90 percent of the par value thereof, together with accrued interest thereon . Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the District as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof. or as the purchase price or exchange for any property. real, personal, or mixed, in­ cluding franchises or services rendered by any contractor, engineer. or other person, all at one time or in blocks from time to time. in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be:

The money paid for the bonds;
The principal amount. plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and
In the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or  the  fair value of any properties exchanged for the bonds. as determined by the board.
Authorization and form of bonds .- Any general obligation bonds. spe­ cial assessment bonds. or revenue bonds may be authorized by resolution or resolutions of the board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. The board may. by resolu t ion. authorize the issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes for which the moneys derived therefrom shall be expended, includ­ ing. but not limited to. payment of costs as defined in section 2 (6)(j): the rate or rates of interest, not to exceed the maximum rate allowed by general law; the denomination of the bonds; whether or not the bonds are to be issued in one or more series: the date or dates of maturity, which shall not exceed 40 years from their respective dates of issuance: the medium of payment: the place or places within or without the state where payment shall be made; registration privileges; redemption terms and privileges. whether with or without prem iu m: the manner of execution: the form of the bonds. including any interest coupons to be attached thereto: the manner of execution of bonds and coupons; and any and all other terms. covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the  contracts  authorized  by section 159.825(1)(£) and (g), Florida Statutes. as amended from time to time. regardless of the tax treatment of such bonds being authorized, subject to the finding by the board of a net saving to the District resulting by reason thereof. Such authorizing resolution may further provide that such bonds may be executed in accordance with the Registered Public Obligations Act. except that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the board. The seal of the District may be affixed. lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds. such signature or facsimile shall neverthe­ less be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.

Interim certificates; replacement certifica tes.- Pendin g the prepara­ tion of definitive bonds. the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine. exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds which become mutilated. lost. or destroyed.
Negotiability of bonds.-Any bond issued under this Act or any tem­ porary bond. in the absence of an express recital on the face thereof that it

is nonnegotiable, shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning and for all purposes of the law merchant and the laws of the st at e.
Defeasance.-The board may make such provision with respect to the defeasance of the right. title. and interest of the holders of any of the bonds and obligations of the District in any revenues. funds. or other properties by which such bonds are secured as the board deems appropriate and. without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and in ter est and premium, if any, due and payable upon the bonds or obligations then outstanding shall beheld in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right. title. and interest of the holders of the bonds in any reve­ nues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void: and the board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than moneys held for the redemption or payment of the bonds or other obligations to any lawful purpose of the District as the board shall deter­ mine.
Issuance of additional bonds .- If the proceeds of any  bonds  are  less  than the cost of completing the project in connection with which such bonds were issued, the board may authorize the issuance of additional bonds. upon such terms and conditions as the board may provide in the resolution autho­ rizing the issuance thereof. but only  in  compliance  with  the  resolution  or  other proceedings authorizing the issuance of the original bonds.
Refunding bonds.-  The  District  shall have  the  power  to issue  bonds  to provide for the retirement or refunding of any bonds or obligations of the District that at the time of such issuance  are  or  subsequent  thereto  become due and payable. or that at the time of issuance  have  been  called  or  are  or will be subject to call for redemption within 10 years  thereafter.  or  the  surrender of which can be procured from the holders thereof at prices satis­ factory to the board . Refunding bonds  may  be issued  at  any  time  when  in  the judgment of  the  board  such  issuance  will  be  advantageous  to  the  Dis­ tr ict . No approval of the qualified electors residing in the District shall be required for the issuance of refunding bonds except in cases in which such approval is required by the State Constitution. The board may by resolution confer upon the holders of such refunding bonds all rights, powers. and remedies to which the holders would be entitled if they continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds are  issued,  including,  but  not  limited  to,  the  preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment. impairment, or  diminution  thereof.  The  provisions of this Act pertaining to bonds of the District shall. unless  the  context otherwise requires. govern the issuance of refunding  bonds.  the  form  and other details thereof. the rights of the holders thereof. and the duties  of the board with respect to them.

Revenue bonds.-
TheDistrict shall have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from. the gross or net pledge of the revenues to be derived from any project or combination of projects: from the rates. fees. or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the District: from special as­ sessments: or from benefit special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the District. and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the Dist rict.
Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more of such projects. regardless of whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable. the proceedings authorizing such revenue bonds may provide that the District may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the District and that revenue bonds to be thereafter issued by the  District shall  be on parity with the revenue bonds then being issued. all on such terms. conditions. and limitations as shall have been provided in the proceeding which authorized the original bonds.
(i) General obligation bonds.- 
Subject to the limitations of this charter, the  District  shall  have  the power from time to time to issue general obligation bonds to  finance  or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of 35 percent of the assessed value of the taxable property within the District as shown on the pertinent tax records at the time of the authorization  of the general obligation bonds for which the full faith and credit of the District is pledged. Except for refunding bonds. no general obligation bonds shall  be issued unless the bonds are issued  to finance  or  refinance  a  capital  project and the issuance has been approved  at  an  election  held  in accordance  with  the requirements for such election as prescribed by  the  State  Constitution. Such elections shall be called to be held in the District by the board of county commissioners of the county upon the request of the  board  of the  District . The expenses of calling and  holding  an  election  shall  be at  the  expense  of the District. and the District shall reimburse the county for any expenses incurred in calling or holding such election.
The District may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefore and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the District. to the extent necessary for the payment thereof. without limitations as to rate or amount .

If the board determines to issue general obligation bonds for more than one capital project, the approval  of the  issuance  of the  bonds for  each  and  all such projects may be submitted to the electors on one and the same ballot. The failure of the electors to approve the issuance of bonds for  any  one or more capital projects shall not defeat the approval of bonds for any capital project which has been approved by the electors .
In a rr ivin g at the amount of general obligation bonds permitted to be outstanding at any one time  pursuant  to  subparagraph  1., there  shall  not be included any general obligation bonds which are additionally secured by the pledge of:
Any assessments levied in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured, which assessments have been equalized and confirmed by resolution of the board pursuant to this Act or section 170.08, Florida Statutes.
Water revenues, sewer revenues, or water and sewer revenues of the District to be derived from user fees in an amount sufficient to pay the principal and in terest on the general obligation bonds so additionally se­ cured.
Any combination of assessments and revenues described in sub­ subparagraphs a. and b.
Bonds as legal investment or security.-
Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this Act shall constitute legal invest­ ments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries and for any board, body, agency, instrumentality, county, municipalit y, or other political subdivision of the state and shall be and constitute security which may be deposited by banks or trust companies as security for deposits of state, county, municipal, or other public funds or by  insurance  companies as required or voluntary statutory deposits.
Any bonds issued by the  District  shall be incontestable  in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defect in the proceedings for the issue and sale thereof.
Covenants.-Any resolution authorizing the issuance of bonds may contain such covenants as the board may deem advisable, and all such covenants shall constitute valid and legally binding and enforceable con­ tracts between the District and the bondholders, regardless of the time of issuance thereof. Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds; the use and disposition of project revenues: the pledging of revenues, taxes, and assessments: the obligations of the District with respect to the operation of the project and the maintenance of adequate project revenues: the issuance of additional bonds: the appointment, powers. and duties of trustees and receivers: the acquisi­ tion of outstanding bonds and obligations: restrictions  on the  establishing  of competing projects or facilit ies; restrictions on the sale or disposal of the 

assets and property of the District: the priority  of  assessment  liens:  the  priority of claims by bondholders on the taxing power of the District: the maintenance of deposits to ensure the payment of revenues by  users  of District facilities and services: the discontinuance of District  services  by reason of delinquent payments: acceleration upon default; the execution of necessary instruments: the procedure for amending or abrogating covenants with the bondholders: and such other covenants  as  may  be  deemed  neces­ sary or desirable for the security of the bondholders.
Validation proceedin gs.- The power of the District to issue bonds under the provisions of this Act may be determined, and  any of the  bonds  of the District maturing over a period of more than 5 years shall be validated and confirmed, by court decree, under the provisions of chapter 75, Florida Statutes, and laws amendatory thereof or supplementary thereto.
Tax exemption.-To the extent allowed by general law, all bonds issued hereunder and interest paid thereon and all fees, charges, and other revenues derived by the District from the projects provided by this Act are exempt from all taxes by the state or by any political subdivision,  agency,  or instrumentality thereof: however. any interest. income, or profits on debt obligations issued hereunder are not exempt from the tax imposed by chap­ ter 220, Florida Statutes. Further, the District is not exempt from the provi­ sions of chapter 212, Florida Stat utes.
Application of section 189.4085, Florida Statutes.- Bonds issued by the District shall meet on the criteria set forth in section 189.4085, Florida Statutes, as amended from time to time.
· Act furnishes full authority for issuance of bonds .- Thi s Act consti­  tutes full and complete authority  for the  issuance of bonds  and  the exercise  of the powers of the District provided herein . No procedures or proceedings, publications, notices, consents, approvals, orders. acts. or  things  by  the board. or any board. officer, commission. department. agency, or instrumen­ tality of the  District. other  than  those required  by this Act. shall  be required to perform anything under this Act. except that the issuance or sale of bonds pursuant to the provisions of this Act shall comply with the general law requirements applicable to the issuance or sale of bonds by the  District. Nothing in this Act shall be  construed  to  authorize  the  District  to  utilize bond proceeds to fund the ongoing operations of the District.
Pledge by the state to the bondholders of the District .- The state pledges to the holders of any bonds issued under this Act that it will not limit or alter the rights of the District to own, acquire. construct, reconstruct. improve. maintain. operate, or furnish the projects or to levy and collect the taxes. assessments. rentals. rates, fees. and other charges provided for herein and to fulfill the terms of any agreement made with the holders of such  bonds  or  other  obligations  and  that  it  will  not  in·  any  way  impair  the rights or remedies of such holders.
Default.-A default on the bonds or obligations of a District shall not constitute a debt or obligation of the state or any general purpose local government or the sta te.

TRUST AGREEMENTS.-Any issue of bonds shall be secured by a trust agreement by and between the District and  a  corporate  trustee  or trustees. which may be any trust company or bank having  the  powers  of a  trust company within or without the state . The resolution authorizing the issuance of the bonds or such  trust  agreement  may  pledge  the  revenues  to  be received from any projects of the District and may contain such provisions for protecting and enforcing the rights  and  remedies  of the  bondholders  as  the board may  approve.  including.  without  limitation,  covenants  setting forth the duties of the District in relation to: the acquisition. construction. reconstruction. improvement. maintenance.  repair.  operation,  and  insur­ ance of any projects: the fixing and revising of the rates. fees. and  charges;  and the custody. safeguarding. and application of all moneys and for the employment of consulting engineers in connection with such acquisition. construction. reconstruction. improvement. maintenance. repair. or  opera­ tion. It shall be lawful for any bank or trust company within or without  the  state which may act as  a depository of the  proceeds  of bonds or of revenues  to furnish such indemnifying bonds or to pledge such securities as may be required by the District. Such  resolution  or  trust agreement  may  set  forth the rights and remedies of the bondholders and of the tru s tee.  if any. and may restrict the individual right of action by bondh olders . The board may provide for the payment of proceeds of the sale of the bonds and the revenues of any project to such officer, board. or depository as it may designate for the custody thereof and may provide for the  method  of  disbursement  thereof with such safeguards and restrictions as it may determine. All  expenses  incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which  such  trust agreement pertains.
ADV ALOREM TAXES: ASSESSMENTS. BENEFIT SPECIAL AS­ SESSMENTS. MAINTENANCE SPECIAL ASSESSMENTS. AND SPE­ CIAL ASSESSMENTS; MAINTENANCE TAXES.-
Ad valorem taxes.- An elected board shall have the power to levy and assess an ad valorem tax on all the taxable property in the Dist rict to construct. operate. and maintain assessable improvements:  to  pay  the prin­ cipal of. and interest on. any general  obligation  bonds  of the District: and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for  operating purposes. exclusive of debt service on bonds. shall not exceed 3 mills. The ad valorem tax provided for herein shall be in  addition  to county and all other ad valorem taxes provided for by law. Such  tax  shall be assessed. levied. and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the State Constitution.
Benefit special assessments.-The board annually shall determine. order. and levy the annual installment of the total benefit special assess­ ments for bonds issued and related expenses to finance assessable improve­ ments. These assessments may be due and collected during each year that county taxes are due and collected. in which case such annual installment and levy shall be evidenced to and certified to the property appraiser by the board not later than August 31 of each year. Such assessment shall be

entered by the property appraiser on the county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds thereof shall be paid to the District. However, this subsection shall not prohibit the District in its discre­ tion from using the method prescribed in either section 197.3632 or chapter 173, Florida Statutes, as each may be amended from time to time, for collect­ ing and enforcing these assessments. Each annual installment of benefit special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes . The amount of the assessment for the exercise of the District's powers under subsections (8) and (9) shall be determined by the board based upon a report of the District's engineer and assessed by the board upon such lands, which may be part or all of the lands within the District benefited by the improve­ ment, apportioned between benefited lands in proportion to the benefits received by each tract of land. The board may, if it determines it is in  the  best interests of the District, set forth in the proceedings initially levying such benefit special assessments or in subsequent proceedings a formula for the determination of an amount, which when paid by a taxpayer with re­ spect to any tax parcel. shall constitute a prepayment of all future annual installments of such benefit special assessments and that the payment of which amount with respect to such tax parcel shall relieve and discharge  such tax parcel of the lien of such benefit special assessments and any subsequent annual installment thereof. The board may provide further that upon delinquency in the payment of any annual installment of benefit spe­ cial assessments, the prepayment amount of all future  annual installments  of benefit special assessments as determined in the preceding sentence shall be and become immediately due and payable together with such delinquent annual installment .
Non-ad valorem maintenance taxes.-If and when authorized by gen­ eral law, to maintain and to preserve the physical facilities and services constituting the works, improvements, or infrastructure provided by the District pursuant to this Act, to repair and restore any one or more of them, when needed, and to defray the current expenses of the District, including any sum which may be required to pay state and county  ad  valorem  taxes  on any lands which may have been purchased and which are held by the District under the provisions of this Act, the Board of Supervisors may, upon the completion of said systems, facilities, services, works, improvements. or infrastructure, in whole or in part, as may be certified to the board by the engineer of the board. levy annually a non-ad valorem and non-millage tax upon  each  tract  or  parcel  of  land  within  the   District,  to  be  known  as a "main tenan ce tax ." This non-ad valorem maintenance  tax  shall  be appor­ tioned upon the basis of the net assessments of benefits assessed as accruing from the original construction and shall be evidence to, and certified by. the Board of Supervisors of the District not later than June 1 of each year to the property appraiser of Collier County and shall be extended by the property appraiser on the tax roll of the property appraiser. as certified by the prop­ erty appraiser to the  tax  collector. and collected by the tax collector on the merged collection roll of the tax collector in the same manner and time as county ad valorem taxes. and the proceeds therefrom shall be paid to the Dis tri ct. This non-ad valorem maintenance tax shall be a lien until paid on

the property against which assessed  and  enforceable  in  like manner  and  of  the same dignity as county ad valorem taxes.
Maintenance special assessments.-To maintain and preserve the facilities and projects of the District, the board may levy a maintenance special assessment. This assessment may be evidenced to and certified to the property appraiser by the Board  of Supervisors  not later  than  August 31 of each year and shall be entered by the property appraiser on th e county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds therefrom shall be paid to the District. However , this subsection shall not prohibit the District in its discretion from using the method prescribed in either section 197.363., section 197.3631, or section 197.3632, Florida Statutes, as any one or more may be amended from time to time. for collecting and enforcing these assessments. These maintenance special assessments shall be a  lien on the property against which assessed until  paid and  shall be enforceable in like manner as county tax es. The amount of the maintenance special assessment for the exercise of the District's powers under this section shall be det er mined by the board based upon a report of the District's engineer and assessed by the board upon such lands. which may be all of the lands within the District benefited by the maintenance thereof. apportioned be­ tween the benefited lands in proportion to the benefits received by each tract of land.
Special assessments.- To levy and impose anv snecial assessments pursuant to subsection (15).
Enforcement of taxes.-The collection and enforcement of all taxes levied by the District shall be at the same time and in like manner as county taxes. and the provisions of the Florida Statutes relating to the sale oflands for unpaid and delinquent county taxes: the issuance, sale. and  delivery of  tax certificates for such unpaid and delinquent county taxes: the redemption thereof; the issuance to individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the District to the same extent as if such statutory provisions were expressly set forth herein . All taxes shall be subject to the same discounts as county taxes.
When unpaid tax is delinquent; penalty.-All taxes provided  for  in  this Act shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes.
Status of assessments.-Benefit special assessments, maintenance special assessments, and special assessments are hereby found and deter­ mined to be non-ad valorem assessments as defined by section 197.3632, Florida Statutes. Maintenance taxes are non-ad valorem taxes and are not special assessments.
Assessments constitute liens; collection.-Any and all assessments including special assessments. benefit special assessments and mainte­ nance special assessments authorized by this section, and including special assessments as defined by section 2(6)(aa) and granted and authorized  by this subsection. and including maintenance taxes if authorized by general law. shall constitute a lien on the property against which assessed from the

date oflevy and imposition thereof until paid. coequal with the lien of state. county. municipal, and school board taxes. These assessments may be col­ lected. at the Distr ict's discretion, under authority of section 197.3631. Flor­ ida Statutes. as amended from  time to time. by the  tax  collector  pursuant  to the provisions of sections 197.3632 and 197.3635. Florida Statutes, as amended from time to time. or in accordance with other collection measures provided by law. In addition to. and not in limitation of any powers other­ wise set forth herein or in general law. these assessments may also be enforced pursuant to the provisions of chapter 173, Florida Statutes. as amended from time to time.
Land owned by governmental entity.-Except  as otherwise  provided by law. no levy of ad valorem taxes or non-ad valorem assessments under this Act or chapter 170 or chapter 197, Florida Statutes. as each may be amended from time to time, or otherwise, by a board of a District, on prop­ erty of a governmental  entity that is subject to a ground lease as described   in section 190.003(13), Florida Statutes. as amended from time to time. shall constitute a lien or encumbrance on the underlying fee interest of such governmental entity.
SPECIAL ASSESSMENTS.-
As an alternative method to the levy and imposition of special assess­ ments pursuant to chapter 170. Florida Statutes, as amended from time to time. pursuant to the authority of section 197.3631. Florida Statutes, as amended from time to time. or pursuant to other provisions of general law. now or hereinafter enacted. which provide a supplemental means or author­ ity to impose. levy, and collect special assessments as otherwise authorized under this Act, the board may levy and impose special assessments to fi­ nance the exercise of any of its powers permitted under this Act using the following uniform procedures:
At a noticed meeting consider and review an engineer's  report  on the costs of the systems, facilities, and services to be provided, a preliminary assessment methodology. and a preliminary roll based on acreage or platted lands. depending upon whether platting has occurred.
The assessment methodology shall address and discuss and the board shall consider whether the systems. facilities. and services being contem­ plated will result in special benefits peculiar to the  property.  different  in kind and degree than general benefits, as a logical connection between the systems. facilities, and services themselves and the property. and whether the  duty to pay the  assessments  by the  property owners  is apportioned  in       a manner that is fair and equitable and not in excess of the special benefit received. It shall be fair and equitable to designate a fixed proportion of the annual debt service. together with interest thereon. on the aggregate princi­ pal amount of bonds issued to finance such systems. facilities. and services which give rise to unique, special, and peculiar benefits to property of the same or similar characteristics under  the  assessment  methodology so long as such fixed proportion does not exceed the unique, special, and peculiar benefits enjoyed by such property from such syste ms. facilities. and services.

The engineer's cost report shall identify the nature of the proposed systems. facilities. and services. their location. a cost breakdown plus a total estimated cost. including cost of construction or reconstruction. labor. and materials. lands. property, rights, easements. franchises. or systems, facili­ ties. and services to be acquired. cost of plans and specifications, surveys of estimates of costs and revenues, cost of engineering. legal and other profes­ sional consultation services. and other expenses or costs necessary or inci­ dent to determining the feasibility or practicability of such construction. reconstruction. or acquisition. administrative expenses. relationship to the authority and power of the District in  its  charter.  and such other  expense or costs as may be necessary  or incident  to the  financing to be authorized by the Board of Supervisors.
The preliminary assessment roll to be prepared will be in accordance with the method of assessment provided for in the assessment methodology and as may be adopted by the Board of Supervisors: the assessment roll shall be completed as promptly as possible and shall show the acreage. lots. lands. or plats assessed and the amount of the fairly and reasonably apportioned assessment based on special and peculiar benefit to the property. lot. parcel. or acreage of land and. if the assessment against each such lot. parcel. acreage. or portion of land is to be paid in installments. the  number  of annual installments in which the assessment is divided shall be entered into and shown upon the assessment roll.
The Board of Supervisors of the District may determine  and declare by an initial assessment resolution to levy and assess the assessments with respect to assessable improvements stating the nature of the systems. facili­ ties. and services. improvements. projects. or infrastructure constituting such assessable improvements. the information in the engineer's cost report, the information in the assessment methodology as determined by the board at the noticed meeting and referencing and incorporating as part of the resolution the engineer's cost report, the preliminary assessment methodol­ ogy. and the preliminary assessment roll as referenced exhibits to the reso­ lution by reference: if the board determines to declare and levy the special assessments by the initial assessment resolution. the board shall also adopt and declare a notice resolution which shall provide and cause the initial assessment resolution to be published once a week for a period  of 2 weeks in a newspaper of general circulation published in Collier County and said board shall by the same resolution fix a time and place at which the  owner  or owners of the property to be assessed or any other persons interested therein may appear before said board and be heard as to the propriety and advisability of making such improvements, as to the costs thereof. as to the manner of payment therefore, and as to the amount thereof to be assessed against each property so improved. Thirty days' notice in writing of such time and place shall be given to such property owners. The notice shall include the amount of the assessment and shall be served by mailing a copy to each assessed property owner at his or her last known address. the names and addresses of such property owners to be obtained from the record of the property appraiser of the county political subdivision where the land is located or from such other sources as the District Manager or  engineer deems reliable. and proof of such mailing shall be made by the affidavit of the manager of the District or by the engineer. said proof to be filed with the

District Manager. provided that failure to mail said notice or notices shall not invalidate any of the proceedings hereunder. It is provided further that the last publication shall be at least 1 week prior to the date of the  hearing on the final assessment resolution. Said notice shall describe the general areas to be improved and advise all person  interested  that  the description of each property to be assessed and the amount to be assessed to each piece. parcel. lot. or acre of property may be ascertained at the office of the man­ ager of the District. Such service by publication shall be verified by the affidavit of the publisher and filed with the manager of the District. More­ over. the initial assessment resolution with its attached. referenced. and incorporated engineer's cost report. preliminary assessment methodology. and preliminary assessment roll. along with the notice resolution. shall be available for public inspection at the office of the manager and the office of the engineer or any other office designated by the Board of Supervisors in the notice resolution . Notwithstanding the foregoing. the landowners of all of the property which is proposed to be assessed may give the District written notice of waiver of any notice and publication provided for in this subparagraph and such notice and publication shall not be required; pro­ vided. however. that any meeting of the Board of Supervisors to consider such resolution shall be a publicly noticed meeting.
At the time and place named in  the  noticed  resolution  as  provided for in subparagraph 5.. the Board of Supervisors of the District  shall  meet and hear testimony from affected property owners as to the propriety and advis­ ability of making the systems. facilities. services. projects. works. improve­ ments. or infrastructure and  funding  them  with  assessments  referenced  in the initial assessment resolution on the  property.  Following  the  testimony  and questions from the  members  of the  board  or any  professional  advisors to the District of the preparers of the engineer's cost report. the assessment methodology. and  the  assessment  roll. the  Board of Supervisors  shall  make a final decision on whether to levy and assess the particular assessments. Thereafter. the Board of Supervisors shall meet  as  an  equalizing  board  to hear and to consider any and all complaints as to the particular  assessments  and shall adjust and equalize the assessments on  the  basis  of  justice  and  right .
When so equalized and approved by resolution or ordinance by the Board of Supervisors, to be called the final assessment resolution, a final assessment roll shall be filed with the clerk of the board and such assess­ ment shall stand confirmed and remain legal. valid, and binding first liens  on the property against which such assessments are made until paid. equal  in dignity to the first liens of ad valorem taxation of county governments and school boards; however, upon completion of the systems, facilities, service. project. improvement. works. or infrastructure. the District shall credit to each of the assessments the difference in the assessment as originally made. approved. levied. assessed. and confirmed and the proportionate part of the actual cost of the improvement to be paid by the particular special assess­ ments as finally determined upon the completion of the  improvement. but in no event shall the final assessment exceed the amount of the special and peculiar benefits as apportioned fairly and reasonably to the property from the system. facility. or service being provided as originally assessed. Promptly after such confirmation, the assessment shall be recorded by the

clerk of the District in the minutes of the proceedings of the District and the record of the lien in this set of minutes shall constitute prima facie evidence of its validity. The Board of Supervisors, in its sole discretion. may. by resolution grant a discount equal to all or a part of the payee's proportionate share of the cost of the project consisting of bond financing cost. such as capitalized interest. funded reserves, and bond discounts included in the estimated cost of the project, upon payment in full of any assessments during such period prior to the time such financing costs are incurred as may be specified by the Board of Supervisors in such resolution.
District assessments may be made payable in installments over no more than 30 years from the date of the payment of the first installment thereof and may bear interest at fixed or variable rates.
Notwithstanding any provision of this Act or chapter 170 or section 170.09, Florida Statutes. as amended from time to time. which provide that assessments may be paid without interest at any time within 30 days after the improvement is completed and a resolution accepting the same has been adopted by the governing authority. shall not be applicable to any District assessments. whether imposed. levied. and collected pursuant to the provi­ sions of this Act or other provisions of Florida law, including. but not limited to chapter 170. Florida Statutes.
In addition. the District is authorized expressly in the exercise of its rulemaking power to promulgate a rule or  rules  which  provides  or  provide for notice, levy. imposition. equalization. and collection of assessments.
ISSUANCE OF CERTIFICATES OF INDEBTEDNESS BASED ON ASSESSMENTS FOR ASSESSABLE IMPROVEMENTS; ASSESSMENT BONDS.-
The board may. after any special assessments or benefit special as­ sessments for assessable improvements are made. determined. and con­ firmed as provided in this Act, issue certificates of indebtedness for the amount so assessed against the abutting property or property otherwise benefited, as the case may be. and separate certificates shall be issued against each part or parcel of land or property assessed. which certificates shall state the general nature of the improvement for which the assessment  is made. The certificates shall be payable in annual installments in accord­ ance with the installments of the special assessment for which they are issued. The board may determine the interest to be borne by such certifi­ cates. not to exceed the maximum rate allowed by general law. and may sell such certificates at either private or public sale and determine the form. manner of execution. and other details of such certificates . The certificates shall recite that they are payable only from the special assessmen ts levied and collected from the part or parcel ofland or property against which they are issued. The proceeds of such certificates may be pledged for the payment of principal of and interest on any revenue bonds or general obliga tion bonds issued to finance in whole or in part such assessable improvement, or, if not so pledged, may be used to pay the cost or part of the cost of such assessable improvements .

The District may also issue assessment bonds. revenue bonds.  or other obligations payable from a special fund into which such certificates of indebtedness referred to in  the  preceding subsection  may  be deposited  or. if such certificates of indebtedness have not been issued. the District may assign to such special fund for the benefit of the holders of such assessment bonds or other obligations. or to a trustee for such bondholders. the assess­ ment liens provided for in this Act unless such certificates of indebtedness or assessment liens have been theretofore pledged for any bonds or other obligations authorized hereunder. In the event of the creation of such special fund and the issuance of such assessment bonds or other obligations. the proceeds of such certificates of indebtedness or assessment liens deposited therein shall be used only for the payment of the assessment bonds or other obligations issued as provided in this section . The District is authorized to covenant with the holders of such assessment bonds. revenue bonds. or other obligations that it will diligently and faithfully enforce and collect all the special assessments. and interest and penalties thereon. for which such certificates of indebtedness or assessment liens have been deposited in or assigned to such fund; to foreclose such assessment liens so assigned to such special fund or represented by the certificates of indebtedness deposited in the special fund. after such assessment liens have become delinquent. and deposit the proceeds derived from such foreclosure. including interest and penalties. in such special fund; and to make any other covenants deemed necessary or advisable in order to properly secure the holders of such assess­ ment bonds or other obligations.
The assessment bonds, revenue bonds. or other obligations issued pursuant to this section shall have such dates of issue and maturity  as shall be deemed advisable by the board; however. the maturities of such assess­ ment bonds or other obligations shall not be more than 2 years after the due date of the last installment which will be payable on any of the special assessments for which such assessment liens. or the certificates of indebted­ ness representing such assessment liens. are assigned to or  deposited  in such special fund.
Such assessment bonds. revenue bonds. or other obligations issued under this section shall bear such interest as the board  may  determine,  not to exceed the maximum rate allowed by genera l law. and shall be executed. shall have such provisions for redemption prior to maturity, shall be sold in the manner. and shall be subject to all of the applicable provisions contained in this Act for revenue bonds. except as the same may be inconsistent with the provisions of this section.
(e ) All assessment bonds. revenue  bonds.  or  other  obligations  issued  under the provisions of this section shall  be. shall  constitute,  and  shall  have all the qualities and incidents of negotiable  instruments  under  the  law  merchant and the laws of the st at e.
TAX LIE NS .- All taxes of the District provided for in this Act, ex­ cept together with all penalties for default in the  payment of the  same and  all costs in collecting the same. including a reasonable attorney's  fee fixed  by the court and taxed as a cost in the action brought to enforce payment. shall. from January 1 for each year the property is liable to assessment and

until paid, constitute a lien of equal dignity with the liens for  state and  county taxes and other taxes of equal dignity with state and county taxes upon all the lands against which such taxes shall be levied. A sale of any of the real property within the District for state andcounty or other taxes shall not operate to relieve or release the property so sold from the lien for subse­ quent District taxes or installments of District taxes, which lien may be enforced against such property as though no such sale thereof had been made. In addition to, and not in limitation of, the preceding sentence, for purposes of section 197.552, Florida Statutes, as amended from time to time, the lien of all special assessments levied by the district shall constitute a lien of record held by a municipal or county governmental unit. The provisions of sections 194.171, 197.122, 197 .333, and 197.432, Florida Statutes, as each may be amended from time to time, shall be applicable to District taxes with the same force and effect as if such provisions were expressly set forth in this Act.
PAYMENT OF TAXES AND REDEMPTION OF TAX LIENS BY THE DISTRICT; SHARING IN PROCEEDS OF TAX SALE.-
Ca) The District shall have the power and right to:
Pay any delinquent state, county, District, municipal, or other tax or assessment upon lands located wholly or partially within the boundaries of the District; and
Redeem or purchase any tax sales certificates issued or sold on account of any state, county, District, municipal, or other taxes or assessments upon lands located wholly or partially within the boundaries of the District.
Delinquent taxes paid, or tax sales certificates redeemed or pur­ chased, by the District, together with all penalties for the default in payment of the same and all costs in collecting the same and a reasonable attorney's fee, shall constitute a lien in favor of the District of equal dignity with the liens of state and county taxes and other taxes of equal dignity with  state and county taxes upon all the real property against which the taxes were levied. The lien of the District may be foreclosed in the manner provided in this Act.
In any sale of land pursuant to section 197.542, Florida Statutes, as may be amended from time to time, the District may certify to the  clerk of  the circuit court of the county holding such sale the amount of taxes due to the District upon the lands  sought  to be sold, and  the  District  shall  share in the disbursement of the sales proceeds in accordance with the provisions of this Act and under the laws of the state.
FORECLOSURE OF LIENS.- Any lien in favor of the  District aris­ ing under this Act may be foreclosed by the District by foreclosure proceed­ ings in the name of the District in a  court  of  competent  jurisdiction  asprovided by general law in like manner as is provided in chapter 173, Florida Statutes, and amendments  thereto  and  the  provisions  of  that  chapter  shall be applicable to such proceedings with the same force and effect as if those provisions were expressly set forth in this Act . Any act  required  or author­ ized to be done by or on behalf of a municipality in foreclosure proceedings

under chapter 173, Florida Statutes. may be performed by such officer or agent of the District as the Board of Supervisors may designate. Such fore­ closure proceedings may be brought at any time after the expiration of 1 year from the date any tax. or installment thereof. becomes delinquent: however. no lien shall be foreclosed against any political subdivision or agency of the state. Other legal remedies shall remain available.
MANDATORY USE OF CERTAIN DISTRICT SYSTEMS. FACILI­ TIES, AND SERV1CES.-To the full extent permitted by law, the District shall require all lands. buildings, premises, persons. firms, and corporations within the District to use the water management and control facilities and water and sewer facilities of the Dist rict.
COMPETITIVE PROCUREMENT: BIDS: NEGOTIATIONS: RE­ LATED PROV1SIONS REQUIRED.-
No contract shall be let by the board for any goods, supplies, or materials to be purchased when the amount thereof to be paid by the District shall exceed the amount provided in section 287.017, Florida Statutes. as amended from time to time, for category four, unless notice of bids shall be advertised once in a newspaper in general circulation in Collier County . Any board seeking to construct or improve a public building, structure, or other public works shall comply with the bidding procedures of section 255.20. Florida Statutes. as amended from time to time, and other applicable gen­ eral law. In each case, the bid of the lowest responsive and responsible bidder shall be accepted unless all bids are rejected because the bids are too high, or the board determines it is in the best interests of the District  to  reject all bids. The board may require the bidders to furnish bond with a responsible surety to be approved by the board. Nothing in this section shall prevent the board from undertaking and performing the construction, opera­ tion. and maintenance of any project or facility authorized by this Act by the employment of labor, material, and machinery.
The provisions of the Consultants' Competitive Negotiation Act, sec­ tion 287.055, Florida Statutes, as amended from time to time, apply to contracts for engineering. architecture, landscape architecture, or registered surveying and mapping services let by the board.
Contracts for maintenance services for any District facility or project shall be subject to competitive bidding requirements when the amount thereof to be paid by the District exceeds the amount provided in section 287.017, Florida Statutes, as amended from time to time, for category four. The District shall adopt rules, policies, or procedures establishing competi­ tive bidding procedures for maintenance services. Contracts for other ser­ vices shall not be subject to competitive bidding unless the  District  adopts a rule. policy, or procedure applying competitive bidding procedures to said con tracts .
FEES, RENTALS, AND CHARGES: PROCEDURE FOR ADOP­ TION  AND   MODIFICATIONS:   MINIMUM   REVENUE   REQUIRE­ ME NTS.-   

The District is authorized to prescribe. fix. establish. and collect rates, fees. rentals. or other charges, hereinafter sometimes referred to as "reve­ nues." and to revise the same from time to time. for the systems. facilities. and services furnished by the District. within the limits of the District. including. but not limited to. recreational facilities. water management and control facilities. and water and sewer systems: to recover the costs of mak­ ing connection with any District service. facility. or system: and to provide for reasonable penalties against any user or propertv for  any  such  rates. fees. rentals. or other charges that are delinquent.
No such rates, fees. rentals, or other charges for any of the facilities  or services of the District shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners. tenants. or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates. fees, rentals, or other charges. Rates. fees. rentals. and other charges shall be adopted under the administrative rulemaking authority of the District, but shall not apply to District leases. Notice of such public hearing setting forth the proposed schedule or schedules ofrates, fees, rentals, and other charges shall have been published in a newspaper of general circulation in Collier County at least once and at least 10 days prior to such public hearing. The rulemaking hearing may be adjourned from time to time. After such hear­ ing. such schedule or schedules. either as initially proposed or as  modified or amended, may be finally adopted . A copy of the schedule or schedules of such rates, fees, rentals. or charges as finally adopted  shall  be kept  on file  in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees. rentals. or charges so fixed for any class of users or property served shall be extended to cover any  additional  users or properties thereafter served which shall fall in  the  same class,  without the necessity of any notice or hea rin g.
Such rates. fees. rentals. and charges shall be just and equitable and uniform for users of the same class. and when appropriate may be based or computed either upon the amount of se rvice furnished. upon the number of average number of persons residing or  working  in  or  otherwise  occupying the premises served. or upon any other factor affecting the  use of the  facili­ ties furnished. or upon any combination of the foregoing factors. as may be determined by the board on an equitable basis.
The rates. fees. rentals. or other charges prescribed shall be such  as will produce revenues, together with any other assessments. taxes. reve­ nues. or funds available or pledged for such purpose. at least sufficient to provide for the items hereinafter listed. but not necessarily in the  order stated:
To provide for all expenses of operation and maintenance of such facility or service:
To pay when due all bonds and interest thereon for the payment of which such revenues are. or shall have been. pledged or encumbered. includ­ ing reserves for such purpose; and

To provide for any other funds which may be required under the resolution or resolutions authorizing the issuance of bonds pursuant to this Act.
The board shall have the power to enter into contracts for the use of  the projects of the District and with respect to the services. systems. and facilities furnished or to be furnished by the District.
RECOVERY OF DELINQUENT CHARGES .- In the event that any rates. fees, rentals. charges. or delinguent penalties shall not be paid as and when due and shall be in default for 60 days or more. the unpaid  balance thereof and all interest accrued thereon. together with reasonable  attorney's fees and costs, may be recovered by the District in a civil action.
DISCONTINUANCE OF SERVICE.-In the event the fees. rentals. or other charges for water and sewer services, or either of them. are not paid when due, the board shall have the power, under such reasonable rules and regulations as the board may adopt, to discontinue and shut off both water and sewer services until such fees, rentals, or other charges, including inter­ est, penalties, and charges for the shutting off and discontinuance and the restoration of such water and sewer services or both, are fully paid: and. for such purposes. the board may enter on any lands. waters. or premises of any person, firm, corporation. or body. public or private. within the District limits. Such delinguent fees, rentals, or other charges. together with inter­ est. penalties. and charges for the shutting off and discontinuance and the restoration of such services and facilities and reasonable attorney's fees and other expenses. may be recovered by the District. which may also enforce payment of such delinquent fees. rentals. or other charges by any other lawful method of enforcement.
ENFORCEMENT AND PENALTIES.-The board or any aggrieved person may have recourse to such remedies in law and at equity as may be necessary to ensure compliance with the provisions of this Act. including injunctive relief to enjoin or restrain any person violating the provisions of this Act or any bylaws, resolutions. regulations. rules. codes. or orders adopted under this Act. In case any building or structure is erected. con­ structed. reconstructed. altered. repaired. converted. or maintained. or any building, structure, land. or water is used, in violation of this Act or of any code, order, resolution. or other regulation made under authority conferred by this Act or under law. the board or any citizen residing in the District may institute any appropriate action or proceeding to prevent such unlawful erection, construction. reconstruction. alteration. repair. conversion. main­ tenance, or use: to restrain, correct. or avoid such violation: to prevent the occupancy of such building. structure. land. or water: and to prevent any illegal act. conduct. business. or use in or about such  premises.  land.  or water .
SUITS AGAINST THE DISTRICT.-Any suit or action brought or maintained against the District for damages arising out of tort. including, without limitation, any claim arising upon account of an act causing an injury or loss of property. personal injury. or death. shall be subject to the limitations provided in section 768.28. Florida Statutes. as amended from time to time.

EXEMPTION OF DISTRICT PROPERTY FROM  EXECUTION.­ All District property shall be exempt from levy and sale by virtue of an execution. and no execution or other judicial process shall issue against such property. nor shall any  judgment  against  the District  be a  charge or lien on its property or revenues:  however.  nothing  contained  herein  shall  apply  to or limit the rights of bondholders  to pursue any remedy for  the  enforcement  of any lien or pledge given by the District in connection with any of the bonds or obligations of the District.
TERMINATION. CONTRACTION. OR EXPANSION OF DIS­ TRICT.-
The board may ask the Legislature through its local legislative dele­ gation in and for Collier County to amend this Act to contract. to expand or to contract, and to expand the boundaries of the District by amendment of this section.
The District shall remain in existence until:
The District is terminated and dissolved pursuant to amendment  to  this Act by the Florida Legislature.
The District has become inactive pursuant to section 189.4044. Florida Stat utes .
INCLUSION OF TERRITORY-The inclusion of any or all territory of the District within a municipality does not change. alter. or affect the boundary. territory. existence. or jurisdiction of the District.
SALE OF REAL ESTATE WITHIN A DISTRICT: REQUIRED DIS­ CLOSURE TO PURCHASER-Subsequent to the creation of this  District under this Act. each contract for the initial sale of a  parcel  of real  property and each contract for the initial sale of a residential unit within  the District shall include. immediately prior to the space reserved in the contract for the signature of the purchaser. the following disclosure  statement  in boldfaced and conspicuous type which is larger  than  the type in the  remaining  text of the contract: "THE AVE MARIA STEWARDSHIP COMMUNITY DIS­ TRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS. ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY FOR THE CONSTRUCTION, OPERATION. AND MAINTENANCE COSTS OF CERTAIN PUBLIC SYSTEMS. FACILI­ TIES AND SERVICES OF THE DISTRICT AND ARE SET ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW."
NOTICE OF CREATION AND ESTABLISHMENT.-Within 30 days after the election of the first Board of Supervisors creating this District. the District shall cause to be recorded in the grantor-grantee index of the property records in the county in which it is located a "Notice of Creation and Establishment of the Ave Maria Stewardship Community District." The notice shall. at a minimum. include the legal description of the property of

the landowners who have consented to establishment of this  District  and  a copy of the disclosure statement specified in subsection (30 ).
Any system, facility, service, works, improvement, project, or other infrastructure owned by the District, or funded by federal tax exempt bond­ ing issued by the District, is public; the District by rule may regulate, and may impose reasonable charges or fees for, the use thereof but not to the extent that such regulation or imposition of such charges or fees constitutes denial of reasonable access.
Section 5. SEVERABLITY.-If any provision of this Act is determined unconstitutional or otherwise determined invalid by a court of law. all the rest and remainder of the Act shall remain in full force and effect as the law of Florida.
Section 6. This act shall take effect upon becoming a law. Approved by the Governor June 17, 2004.
Filed in Office Secretary of State June 17, 2004.