§ 262-727. Definitions; as used in this Act.

(a)

Ad valorem bonds means bonds which are payable from the proceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds.

(b)

Assessable improvements means, without limitation, any and all public improvements and community facilities that the district is empowered to provide in accordance with this Act, that provide a special benefit to property within the district.

(c)

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

(d)

Assessments means those nonmillage district assessments which include special assessments, benefit special assessments, and maintenance special assessments and a nonmillage, non-ad valorem maintenance tax if authorized by general law.

(e)

Ave Maria Stewardship Community District means the unit of special and single purpose local government created and character by this Act, including the creation of its charter, and limited to the performance, in implementing its single purpose, of those general and special powers authorized by its charter under this Act, the boundaries of which are set forth by the Act, the governing head of which is created and authorized to operate with legal existence by this Act, and the purpose of which is as set forth in this Act.

(f)

Benefit special assessments are district assessments imposed, levied, and collected pursuant to the provisions of subsection 262-742(b).

(g)

Board of supervisors or board means the governing board of the district or, if such board has been abolished, the board, body, or commission assuming the principal functions thereof or to whom the powers given to the board by this Act have been given by law.

(h)

Bond includes "certificate," and the provisions that are applicable to bonds are equally applicable to certificates. The term "bond" includes any general obligation bond, assessment bond, refunding bond, revenue bond, and other such obligation in the nature of a bond as is provided for in this Act.

(i)

Developed urban area means any reasonably compact urban area.

(j)

Cost or costs, when used with reference to any project, includes, but is not limited to:

(1)

The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction.

(2)

The cost of surveys, estimates, plans, and specifications.

(3)

The cost of improvements.

(4)

Engineering, fiscal, and legal expenses and charges.

(5)

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

(6)

The cost of all lands, properties, rights, easements, and franchises acquired.

(7)

Financing charges.

(8)

The creation of initial reserve and debt service funds.

(9)

Working capital.

(10)

Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine.

(11)

The cost of issuance of bonds pursuant to this Act, including advertisements and printing.

(12)

The cost of any bond or tax referendum held pursuant to this Act and all other expenses of issuance of bonds.

(13)

The discount, if any, on the sale or exchange of bonds.

(14)

Administrative expenses.

(15)

Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project, or to the financing thereof, or to the development of any lands within the district.

(16)

Payments, contributions, dedications, and any other exactions required as a condition of receiving any government approval or permit necessary to accomplish any district purpose.

(k)

District means the Ave Maria Stewardship Community District.

(l)

District manager means the manager of the district.

(m)

District roads means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds.

(n)

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.

(o)

Governing board member means any member of the board of supervisors.

(p)

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 F.S. Ch. 163, 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, implementation, and provision by the district of basic systems, facilities, services, works, improvements, projects, or infrastructure, including design criteria and standards, so long as they remain subject to and are not inconsistent with the Collier County Growth Management Plan and applicable land development regulations.

(q)

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, remainderman, 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 ground lease from a governmental entity, which leasehold interest has a remaining term, excluding all renewal options, in excess of 50 years.

(r)

General-purpose local government means a county, municipality, or consolidated city-county government.

(s)

Maintenance special assessments are assessments imposed, levied, and collected pursuant to the provisions of subsection 262-742(d).

(t)

Non-ad valorem assessment means an assessment levied and imposed by the Board of Supervisors of the Ave Maria Stewardship Community District that are not based 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:

(1)

If, pursuant to general law, nonmillage and non-ad valorem taxes, limited expressly and only to certain maintenance taxes provided for expressly in the District charter as created by this Act that are not ad valorem taxes and are not special assessments.

(2)

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.

(3)

If an assessment is levied, imposed, or equalized by the board of supervisors by rule of the district.

(u)

Powers means powers used and exercised by the board of supervisors to accomplish the single, limited, and special purpose of the district including:

(1)

General powers means those organizational and administrative powers of the district as provided in its charter in order to carry out its single special purpose as a local government public corporate body politic.

(2)

Special powers means those powers enumerated by the district charter to implement its specialized systems, facilities, services, projects, improvements, and infrastructure and related functions in order to carry out its single specialized purpose.

(3)

Any other powers, authority, or function set forth in this Act.

(v)

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.

(w)

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.

(x)

Refunding bonds means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as refinanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution.

(y)

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

(z)

Sewer system means any plant, system, facility, or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, but not limited to, industrial wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource. Sewer system also includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected therewith; 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 pursuant to the provisions of this Act, F.S. ch. 170, as amended from time to time, and the additional authority under F.S. § 197.3631, as amended from time to time, or other provisions of general laws, now or hereinafter enacted, which provide or authorize a supplemental means to impose, levy, and collect special assessments.

(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 may be:

(1)

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

(2)

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

(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 five 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 constructed or acquired as a part thereof, useful, necessary, or having the present capacity for future use in connection with the development of sources, treatment, purification, or distribution of water. Water system also includes dams, reservoirs, storage tanks, mains, lines, valves, pumping stations, laterals, and pipes for the purpose of carrying water to the premises connected with such system, and all rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof.

(Laws of Fla. ch. 2004-461, § 2)