§ 10.5-63. General and special powers.

The district shall have all general and special powers as set forth in Chapter 190, Florida Statutes, and as provided in this division.

(1)

General powers. The district shall have, and the district's board of supervisors (hereinafter "board") may exercise all powers which can be granted to a community development district, pursuant to Chapter 190, Florida Statutes, or any other applicable law, except as may be limited herein. Such power shall include, but shall not be limited to, the following powers:

a.

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

b.

To apply for coverage of its employees under the state 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 state retirement fund.

c.

To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contract shall be subject to public bidding, competitive negotiation requirements as set forth in Section 190.033, Florida Statutes, as it may be amended from time to time.

d.

To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any the district purposes allowed by law, and enter into arrangements required in connection therewith; and to hold, use, and dispose of such monies or property for any the district purpose allowed by law in accordance with the terms of the gift, grant, loan, or agreement relating thereto.

e.

To adopt rules and orders including bylaws and resolutions pursuant to the provisions of Chapter 120, Florida Statutes, prescribing the powers, duties, and functions of the district; the conduct of the business of the district; the maintenance of records; and the form of certificate evidencing tax liens and all other documents and records of the district. The district may also adopt administrative rules with respect to any of the projects of the district and define the area to be included therein.

f.

To maintain an office at such place or places as it may designate within Hernando County which office must be reasonably accessible to the landowners.

g.

To hold, control, and acquire by donation, purchase, or condemnation any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this division or applicable law and to make use of such easements, dedications, or reservations for any of the purposes authorized by this division.

h.

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

i.

To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as is hereinafter provided; to levy such taxes and special assessments as may be authorized; to charge, collect, and enforce fees and other user charges.

j.

To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district's activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law.

k.

To exercise within the district, or beyond the district boundaries with prior approval by resolution of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of Chapters 73 and 74, Florida Statutes, over any property within the state, except municipal county, state, and federal property, for the uses and purposes permitted by law relating solely to water, sewer, roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another.

l.

To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.

m.

To assess and impose upon lands in the district ad valorem taxes as provided by this act.

n.

To determine, order, levy, impose, collect, and enforce special assessments pursuant to this act and Chapter 170, Florida Statutes. Such special assessments may, in the discretion of the district, be collected and enforced pursuant to the provisions of §197.3631, §197.3632, and §197.3635, or Chapter 170, Florida Statutes.

o.

To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this division.

p.

To exercise all special powers as may be authorized by this division.

(2)

Special Powers. Except as specifically restricted herein, the District shall have, and the board may exercise, subject to the regulatory jurisdiction and permitting authority of all applicable governmental bodies, agencies, and special districts having authority with respect to any area included therein, any or all of the following special powers relating to public improvements and community facilities authorized by this division.

a.

To finance, plan, fund, establish, acquire construct or reconstruct, enlarge, or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following:

1.

Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges.

2.

Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof; and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system.

3.

Notwithstanding anything to the contrary herein, the district shall not operate or provide, for fee or otherwise, any water supply, sewer or wastewater, reclamation or reuse services to residents within the district system unless the County is unable or unwilling to provide such services under generally applicable terms and conditions.

4.

Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut.

5.

District roads, streets and streetlights, which shall equal or exceed applicable specifications of Hernando County.

6.

Notwithstanding anything to the contrary herein, the district shall have no powers with regard to any roads, streets, or streetlights which have been dedicated to and accepted for maintenance by the county.

7.

Buses, trolleys, transit shelters, public transportation facilities and services, parking improvements, and related signage.

8.

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.

9.

Conservation areas, mitigation areas, and wildlife habitats, including the maintenance of any plant or animal species, and any related interest in any real or personal property.

b.

To undertake any other project within or without the boundaries of the District when a local government has issued a development order pursuant to §380.06 and §380.061 approving or expressly requiring the construction or funding of a project by the district, or when the project is the subject of an agreement between the district and a governmental entity as consistent with the comprehensive plan or the local government within which the project is to be located.

c.

After the board has obtained the consent of the local general purpose government within the jurisdiction of which the power specified in this subsection is to be exercised, to plan, acquire, construct, or reconstruct, enlarge or extend, equip, operate, maintain additional systems and facilities for.

1.

Parks and facilities for indoor and outdoor recreation, cultural, and educational uses.

2.

School buildings and related structures which may be leased, sold, or donated to the school district for use in the education system when authorized by the district school board.

3.

Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion-detection systems and patrol cars, when authorized by proper government agencies; except that the district may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the district.

4.

Control and elimination of mosquitoes and other arthropods of public health importance.

5.

Fire prevention and control, including fire stations, hydrants, and associated vehicles and equipment.

6.

Waste collection and disposal.

7.

Notwithstanding anything to the contrary herein, the district shall not operate or provide, for fee or otherwise, any fire prevention and control or any waste collection or disposal services to residents within the district unless the county or other applicable service provider is unable or unwilling to supply such services under generally applicable terms and conditions.

d.

To adopt and enforce appropriate rules following the procedures of Chapter 120, in connection with the provision of one or more services through its systems and facilities.

(3)

The district possesses no zoning or development permitting power. All Hernando County planning, building, environmental, and land development laws, regulations, and ordinances apply to all development of land within the district. The district shall take no action which is inconsistent with the applicable comprehensive plan, ordinances, or regulations of Hernando County.

(Ord. No. 2003-04, § 3, 3-12-03)