Storey Drive Community Development District

Agenda May 6, 2021

A GENDA

'  ""--+--9P".-'fl'f""i,j_4,i	..,_.,.•_•.,  ....:;'      .,.. .•.•

Storey Drive Community Developmen.t District
Organizational Meeting Agenda

Thursday May6,2021 9:30AM

Offices of GMS-CF 219 East Livingston Street Orlando, Florida 32801

Introduction
A Call to Order
Public Comment Period
Oath of Office
Organizational Matters
A Confirmation of Notice of Meeting
Information on Community Development Districts and Public Official Responsibilities and Florida Statues Chapter 190
Election of Officers
Consideration of Resolution 2021-01 Designating Officers
Consideration of Resolution 2021-02 Designating Treasurer &
Assistant Treasurer
Retention of District Staff
A Consideration of Contract for District Management Services
Consideration of Appointment of District Counsel
Consideration of Resolution 2021-03 Designating a Registered Agent and Office
Request Authorization to Issue RFQ for Engineering Services
Designation of Meetings and Hearing Dates
Designation of Regular Monthly Meeting Date, Time and Location
Designation of Landowner's Meeting Date, Time and Location
Designation of Date of Public Hearing to Adopt Rules of Procedure in accordance with Section 120.54, Florida Statutes
Consideration of Resolution 2021-04 Setting a Public Hearing to Consider the Proposed Rules of the District
Designation of Date of Public Hearing on the Budget for Fiscal Year 2021

Storey Drive CDD	2

Consideration of Resolution 2021-05 Setting the Public Hearing and Approving the Proposed Fiscal Year 2021 Budget
Approval of the Fiscal Year 2021 Developer Funding Agreement
Designation of Date of Public Hearing on the Budget for Fiscal Year 2022
Consideration of Resolution 2021-06 Setting the Public Hearing and Approving the Proposed Fiscal Year 2022 Budget
Designation of Date of Public Hearing Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments in accordance with Section 197.3632, Florida Statutes
Other Organizational Matters
Selection of District Depository
Authorization of Bank Account Signatories
Consideration	of	Resolution   2021-07   Relating   to Defense  of	Board Members
Consideration of Resolution 2021-08 Ratifying District Counsel's Actions in Recording the "Notice of Establishment" in the Property Records of Orange County in accordance with Chapter 190.0485, Florida Statutes
Consideration of Resolution 2021-09 Adopting Investment Guidelines
Consideration of Resolution 2021-10 Authorizing Execution of Public Depositor Report
Consideration of Resolution 2021-11 Designating a Policy for Public Comment
Consideration	of	Resolution	2021-12	Adopting	a	Travel	and Reimbursement Policy
Consideration of Resolution 2021-13 Adopting a Records Retention Policy
Consideration of Compensation of Board Members
Selection of District Records Office Within Orange County
Consideration of Website Services Agreement
Authorization to Prepare Public Facilities Report in Accordance with Chapter 189.08 Florida Statues to Coincide with Special District Filing Date for Orange County

Storey Drive CDD	3

Capital Improvements
Appointment of Financing Team
Bond Counsel
Interim Engineer
Underwriter
Assessment Administrator
Trustee
Approval of Financing Team Funding Agreement
Financing Matters
Consideration of Resolution 2021-14 Authorizing the Issuance of Bonds and Authorizing the Commencement of Validation Proceedings
Validation Report
Imposition of Assessments
Consideration of Master Engineers Report
Consideration of Master Assessment Methodology (To be Provided Under Separate Cover)
Consideration	of	Resolution	2021-15	Declaring	Special Assessments
Consideration of 2021-16 Setting a Public Hearing for Special Assessments
Business Items
A. Consideration of an Acquisition Agreement
Other Business
Staff Reports
Attorney
Manager
Supervisors Requests
Approval of Funding Request No. 1
Adjournment

S ECTION II

S ECTION A

Publication Date 2021-04-28

Subcategory Miscellaneous Notices

NOTICE OF ORGANIZATIONAL MEETING STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT The
organizational meeting of the Board of Supervisors of the Storey Drive Community Development District will be held on May 6, 2021 at 9:30 AM at the offices of GMS-CF, LLC, 219 E. Livingston Street, Orlando, FL 32801. The purpose of the meeting is to elect certain District officers, consider the appointment of staff to include but not limited to manager, attorney, engineer and others as deemed appropriate by the Board of Supervisors; to consider the services to be provided by the District and the financing plan for same; to appoint a team for purposes of issuing special assessment bonds and consider the associated funding agreement; and to conduct other business that may come before the Board.The meeting is open to the public and will be conducted in accordance with the provisions of Florida Law for Community Development Districts. A copy of the meeting agenda may be obtained from the District Manager at 219 E. Livingston Street, Orlando, FL 32801. The meeting may be continued to a date, time, and place as evidenced by motion of the majority of Board Members participating. There may be occasions when one or more Supervisors will participate by telephone. Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodation to participate in this meeting is asked to advise the District Office at (407) 841-5524 at least forty-eight (48) hours prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service (800) 955-8770, who can aid you in contacting the District Office. Each person who decides to appeal any action taken at these meetings is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. George S. Flint District Manager
Governmental Management Services Central Florida, LL OS 6940541 4/28/21

1/1

S ECTION B

COMMUNITY DEVELOPMENT DISTRICTS

Q:	What is a community development district?

A: A community development district (CDD) is an independent special- purpose unit of local government created pursuant to and governed by Chapter 190, Florida Statutes. CDDs offer an attractive and cost-effective means of providing for the financing and management of major infrastructure systems and services to support the development of new communities throughout the State. When used effectively, CDDs can help to spread out development costs, meet the concerns of  permitting agencies  with respect to long-term maintenance of infrastructure, provide access to sources of increasingly scarce capital, and work cooperatively with other local governments struggling to avoid politically unpopular tax increases.

Q:	What powers are CDDs permitted to exercise?

As special-purpose local governments, CDDs possess certain legal powers similar to cities and counties, such as the right to enter into contracts, to acquire and dispose of real and personal property, to adopt rules and regulations, and to obtain funds either by borrowing, issuing bonds, or levying non-ad valorem assessments and taxes. CDDs also have certain special powers relating to public improvements and community facilities.

All of these special powers, however, are authorized 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 within the district's external boundaries. Indeed, CDDs do not have zoning, permitting, or comprehensive planning powers. The creation of a CDD does not change any requirements for governmental approvals of any activities or construction within the district. Planning, environmental and land development regulations apply to all development and construction within the CDD regardless of who undertakes the activity.

Q:	How are CDDs governed?

A: CDDs are governed  by  a  five-member  board  of  supervisors  elected initially by district landowners on a one-acre/ one-vote basis. Any fraction of an acre is treated as one acre, entitling the owner to one vote. Commencing no sooner than six years following creation of the district, and only after there are at least 250 qualified electors, supervisors whose terms are expiring will begin to be elected by qualified electors of  the  district. A "qualified elector11   is any  person at least 18 years of age  who   is a United States citizen, a legal resident of Florida and of the district, and who is registered to vote with the supervisor of elections in the county  in  which the district land is located. Elections are held every two years on the first Tuesday in November.

Board meetings must be noticed in a local newspaper and are  always conducted in a public forum. Subject to the requirements of the public records law, CDDs must make district records available for public inspection during normal business hours. The supervisors, themselves, are subject to the same financial disclosure requirements as are other local elected officials. These and other requirements related to public oversight of district activities make CDDs particularly visible in the relation to other entities exercising responsibility for the development of community infrastructure and services.

District supervisors are statutorily entitled to receive for their services an amount not to exceed  $200  per  meeting.  Each supervisor's  maximum  annual compensation is
$4,800 plus standard state travel and per diem, unless a higher compensation is approved by a referendum of the district's electors. A district manager, who is appointed by the board of supervisors, oversees the day-to-day operation of the  district.

Q:	How is a CDD different than other kinds of special districts and homeowners' associations?

A: While other kinds of special districts and homeowners' associations may address certain issues, none of them have the range of powers and options accorded CDDs. In addition to their inability to effectively finance major capital improvements, homeowners' associations generally do not meet regulatory agency requirements for stable, perpetual entities for long-term maintenance of permitted infrastructure. Other kinds of districts have only a limited range of available powers. CDDs, on the other hand, are perpetual entities with extensive financing capabilities, and, as noted previously, are statutorily permitted to exercise a list of general and special powers.

Q:	How are district non-ad valorem special assessments determined?

A:     Each property  owner will pay an annual assessment  to the district based   on two component costs. One is the fixed amount required to amortize the debt assessed against each lot, parcel or acre for the facilities acquired or constructed by the district. The other is an annual assessment for district operations and maintenance of district facilities. The annual installment amount may vary in relation to the size and location of the property, and to the infrastructure benefit allocated to the property assessed. Each year, the district board of supervisors holds a public hearing to set its budget and the level of assessments. Consequently, district residents will know each year's assessment in advance.

Q:	How are defaults on CDD assessments handled?

A: The law governing CDDs permits districts to utilize special assessments in which the debt obligation is assigned to each lot, tract or parcel on a pro rata basis according to the benefit received from the facilities which are provided by the district. CDDs may use the procedure for levying and collecting assessments provided in either Chapter 170 or Chapter 197, Florida Statutes. The remedies available to the District

under each method are slightly different. However, in either case, if there is a default by an owner of property within a CDD the bond holders are permitted to look only to the defaulting property for recovery of the delinquent assessment. Chapter 190 specifically provides that the local general purpose  government  is not  responsible for  debt issued by a CDD. See 190.002(3) and 190.016(15), Florida Statutes.

Q:	Are CDDs permitted to issue general obligation bonds and levy ad valorem taxes?

A: District boards  have the power  to issue  general obligation  bonds and  to  levy and assess ad valorem taxes subject to referendum approval. Issuance of general obligation bonds is limited to financing or refinancing capital projects or to refunding 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. An ad valorem tax levied for operating purposes, exclusive of debt service on bonds, is limited to three mills. When authorized by a  local  general  purpose government to exercise one or more of the special powers noted previously,  districts may levy an additional two mills. In the event a CDD exercises its ad valorem taxing power, landowner election of supervisors will no longer be permitted. Prior  to  exercising such power, all board members must be elected by qualified electors of the district.

Q:	What about revenue bonds?

A: Districts  may  issue revenue  bonds  without  limitation  as  to amount  and may do so without referendum approval. Revenue bonds may be secured, 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 assessments, or from any other source or pledged security. All bonds issued by CDDs must be secured by a trust agreement, and any bonds maturing over a period of more than five years must be validated and confirmed by court decree (excluding refunding bonds).

Q:	What are district rates, fees and charges?

A: CDDs are authorized, after a public hearing, to prescribe fix, establish, and collect rates, fees, rentals, or other charges for the facilities and services furnished by the district. Florida law provides that these revenues must  be uniform,  just and  equitable for users of the same class. Additionally, if a CDD furnishes water management and control facilities or water and sewer and facilities, all lands, buildings, premises,  persons, firms, and corporations within the district will be required to use them.

Q:	What kinds of disclosures are required with respect to the sale of real property within CDDs?

A: · CDDs are required by statute to take affirmative steps to provide full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. This information  must  be made available to all existing residents of the district and to all prospective residents. Moreover, the CDD is required to furnish developers of any residential development within the district enough copies of this information for distribution to each prospective purchaser. In addition, developers of residential developments within the district, when required by law to provide a public offering statement, must include a copy of information relating to public financing and maintenance of improvements in the public offering statement. Finally, Florida law requires that all contracts for sale of  land within a CDD must include the following language:

THE (Name of District) COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN  PUBLIC FACILITIES 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 ALL OTHER LOCAL GOVERNMENTAL TAXES AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY LAW.

This disclosure language must appear in boldfaced and conspicuous  type  which  is larger than the type in the remaining text of the contract and must be situated immediately prior to the space reserved in the contract for the signature  of  the purchaser. Additionally, this language must be recorded in the property records of the county in which the CDD is located as part of the CDD's duty to give notice of establishment of the district.

Q:	Will the CDD continue indefinitely as a special-purpose local government responsible for the lands presently encompassed by the district?

A: Ordinarily, a CDD will remain in existence indefinitely less it is merged with another district, is dissolved, or unless all of the specific community development services it has been authorized to perform are transferred to a general-purpose unit of local government. A transfer of services is accomplished by adoption of an ordinance demonstrating the ability of the local general-purpose government to provide the service as efficiently and economically as the district, and at a level of quality equal to or higher than the level of quality actually delivered by the district.

Select Year:	2020 v

The 2020 Florida Statutes

Title XIII
PLANNING AND DEVELOPMENT

Chaj;!ter 190
COMMUNITY DEVELOPMENT DISTRICTS
CHAPTER 190 COMMUNITY DEVELOPMENT DISTRICTS

View Entire ChaP-ter

Short title.
Legislative findings, policies, and intent.
Definitions.
Preemption; sole authority.
Establishment of district.
Board of supervisors; members and meetings.
Board of supervisors; general duties.
Budget; reports and reviews.
Disclosure of public financing.
General powers.
Special powers; public improvements and community facilities.
190.0125	Purchase, privatization, or sale of water, sewer, or wastewater reuse utility by district.
Water management and control plan.
Issuance of bond anticipation notes.
Short-term borrowing.
Bonds.
Trust agreements.
Taxes; non-ad valorem assessments.
Special assessments.
Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds.
Tax liens.
Payment of taxes and redemption of tax liens by the district; sharing in proceeds of tax sale.
Foreclosure of liens.
190.031 Mandatory use of certain district facilities and services.
190.033	Bids required.
Fees,  rentals,  and charges;  procedure for  adoption and modifications; minimum revenue requirements.
Recovery of delinquent charges.
Discontinuance of service.
190.041	Enforcement and penalties.
Suits against the district.
Exemption of district property from execution.
Termination, contraction, or expansion of district.
Incorporation or annexation of district.
Sale of real estate within a district; required disclosure to purchaser.

190.0485	Notice of establishment.
Special acts prohibited.

Short title.-This act may be cited as the "Uniform Community Development District Act of 1980."
History. - s. 2, ch. 80-407.

Legislative findings, policies, and intent.-
The Legislature finds that:
There is a need for uniform, fo used, and fair procedures in state law to provide a reasonable alternative for the establishment, power, operation, and duration of independent districts to manage and finance basic community development services; and that, based upon a proper and fair determination of applicable facts, an independent district can constitute a timely, efficient, effective, responsive, and economic way to deliver these basic services, thereby providing a solution to the state's planning, management, and financing needs for delivery of capital infrastructure in order to service projected growth without overburdening other governments and their taxpayers.
It is in the public interest that any independent special district created pursuant to state law not outlive its usefulness and that the operation of such a district and the exercise by the district of its powers be consistent with applicable due process, disclosure, accountability, ethics, and government-in-the-sunshine requirements which apply both to governmental entities and to their elected and appointed officials.
It is in the public interest that long-range planning, management, and financing and long-term maintenance, upkeep, and operation of basic services for community development districts be under one coordinated entity.
It is the policy of this state:
That the needless and indiscriminate proliferation, duplication, and fragmentation of local general-purpose government services by independent districts is not in the public interest.
That independent districts are a legitimate alternative method available for use by the private and public sectors, as authorized by state law, to manage and finance basic services for community developments.
That the exercise by any independent district  of its powers as set forth by uniform general law comply  with  all applicable governmental laws, rules, regulations, and policies governing planning and permitting of the development to  be serviced by the district,  to ensure  that neither  the establishment  nor operation  of  such district is a development  order under  chapter 380 and that the district so established  does not have any zoning or permitting powers governing development.
That the process of establishing such a district pursuant to uniform general law be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant.
It is the legislative intent and purpose, based upon,  and consistent  with, its findings of  fact and declarations of policy, to authorize a uniform procedure by general law to establish  an independent  special district as an alternative method to manage and finance basic services for community development. It is  further  the legislative intent and purpose to provide by general law for the uniform operation, exercise of power, and procedure for termination of any such independent district. It is further the purpose and intent of the Legislature  that a district created under this chapter not have or exercise any  zoning or  development  permitting power,  that  the establishment of the independent  community  development  district as provided in  this act not be a development order within the meaning of chapter 380, and that  all applicable  planning and permitting  laws,  rules,  regulations, and policies  control the development  of  the land to  be serviced  by the district.  It  is further  the purpose and intent of the Legislature  that no debt or obligation  of  a district constitute a burden  on any local general-purpose government without its consent.
History.-s. 2, ch. 80-407; s. 1, ch. 84-360.

Definitfons.-As used in this chapter, the term:

"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.
"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.
"Assessment bonds" means special obligations of the district which are payable solely from proceeds of the special assessments levied for an assessable project.
"Board" or "board of supervisors" means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this act have been given by law.
"Bond" includes "certificate," and the provisions which 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, as the case may be.
"Community development district" means a local unit of special-purpose government  which is created pursuant to this act and limited to the performance of those specialized functions authorized by  this act;  the governing head of which is a body created, organized, and constituted and authorized to function specifically as prescribed in this act for the purpose of the delivery of urban community development services; and the formation, powers, governing body, operation, duration, accountability, requirements for disclosure,  and termination  of which are as required by general law.
"Compact, urban, mixed-use district" means a district  located  within a municipality  and within a community redevelopment area created pursuant to s. 163.356, that consists of a maximum of 75 acres, and has development entitlements of at least 400,000 square feet of retail development and 500 residential units.
"Cost," when used with reference to any project, includes, but is not limited to:
The expenses of determining the feasibility or practicability of acquisition, construction, 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 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.
The cost of issuance of bonds pursuant to this act, including advertisements and printing.
The cost of any election 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 acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the district.
Payments, contributions, dedications, fair share or concurrency  obligations,  and any other  exactions required as a condition to receive any government approval or permit necessary to accomplish any district purpose.
"District" means the community development district.
"District manager" means the manager of the district.
"District roads" means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds and descriptions.
"Elector" means a landowner or qualified elector.
"General obligation bonds" means bonds which are secured by, or provide for their payment by, the pledge, 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, of the full faith and credit and taxing power of the district and for payment of which recourse may be had against the general fund of the district.
"Landowner" means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium unit; it 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 shall also mean 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.
"Local general-purpose government" means a county, municipality, or consolidated city-county government.
"Project" means any development, improvement, property, utility, facility, works, enterprise,  or service 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 the  county in which the district land is located.
"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 the refinanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution.
"Revenue bonds" means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit, or general tax revenue of the district.
"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, without limitation, industrial wastes resulting from any process of  industry,  manufacture,  trade, or business or from the development of any natural resource.  Without  limiting the  generality of  the  foregoing,  the term "sewer system" 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.
"Water management and control facilities" means any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, curbs, gutters, pumping stations, or any other works, structures, or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes appurtenant, necessary, or incidental thereto. The term "water management and control facilities" includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such water management and control facilities or necessary or convenient for the acquisition, construction, reconstruction, operation, or maintenance thereof.
"Water 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 development of sources, treatment, or purification and distribution of water. Without limiting the generality of the foregoing, the term "water system" includes dams, reservoirs, storage, tanks, mains, lines, valves, hydrants, pumping stations, chilled  water distribution  systems, 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.
History.-s. 2, ch. 80-407; s. 2, ch. 84-360; s. 10, ch. 87-363; s. 2, ch. 91-308; s. 33, ch. 2000-364; s. 1, ch. 2007-160; s. 1, ch . 2009-142.

Preemption; sole authority.-

This act constitutes the sole authorization for the future establishment of independent community development districts which have any of the specialized functions and powers provided by this act.
The adoption of chapter 84-360, Laws of Florida, does not affect the validity of the establishment of any community development district or other special district existing on June 29, 1984; and existing community development districts will be subject to  the provisions  of chapter 190, as amended.  All  actions taken prior to July 1, 2000, by a community development district existing on June 29, 1984, if taken pursuant to  the authority contained in chapter 80-407, Laws of Florida, or this chapter are hereby deemed to have adequate statutory authority. Nothing herein shall affect the validity of any outstanding indebtedness of a community development district established prior to June 29, 1984, and such district is hereby authorized to continue  to comply  with all terms and requirements of trust indentures or loan agreements relating to such outstanding indebtedness.
The establishment of an independent community development district as provided in this act is not a development order within the meaning of chapter 380. All governmental planning, environmental, and land development laws, regulations, and ordinances apply to all  development  of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Community Planning Act. A district shall take no action which is inconsistent with applicable comprehensive plans,  ordinances, or regulations of the applicable local general-purpose government.
The exclusive charter for a community development district shall be the uniform community development district charter as set forth in ss. 190.006-190.041, including the special powers provided bys. 190.012.
History.-s. 2, ch. 80-407; s. 3, ch. 84-360; s. 27, ch. 85-55; s. 34, ch. 87-224; s. 34, ch. 99-378; s. 9, ch. 2000-304; s. 39, ch. 2011-139.

Establishment of district.-
The exclusive and uniform method for the establishment of a community development district with a size of 2,500 acres or more shall be pursuant to a rule, adopted under chapter 120 by the Florida Land and Water Adjudicatory Commission, granting a petition for the establishment of a community development district.
A petition for the establishment of a community development  district  shall be  filed by the petitioner  with the Florida Land and Water Adjudicatory Commission. The petition shall contain:
A metes and bounds description of the external boundaries of the district. Any real property within the external boundaries of the district which is to be excluded from the district shall be specifically described, and the last known address of all owners of such real property shall be listed. The petition shall also address the impact of the proposed district on any real property within the external boundaries of the district which is to be excluded from the district.
The written consent to the establishment of the district by all landowners whose real property is to be included in the district or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of 100 percent of the real property to be included in the district, and when real property to be included in the district is owned by a governmental entity and subject to a ground lease as described in s. 190.003(14), the written consent by such governmental entity.
A designation of five persons to be the initial members of the board of supervisors, who shall serve in that office until replaced by elected members as provided ins. 190.006.
The proposed name of the district.
A map of the proposed district showing current major trunk water mains and sewer interceptors and outfalls if in existence.
Based upon available data, the proposed timetable for construction of the district services and the estimated cost of constructing the proposed services. These estimates shall be submitted in good faith but are not binding and may be subject to change.
A designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the district by the future land use plan element of the effective local government comprehensive plan of which all mandatory elements have been adopted by the applicable general-purpose local government in compliance with the Community Planning Act.

A statement of estimated regulatory costs in accordance with the requirements of s. 120.541.
Prior to filing the petition, the petitioner shall:
Pay a filing fee of $15,000 to the county, if located within an unincorporated area, or to the municipality, if located within an incorporated area, and to each municipality the boundaries of which are contiguous with, or contain all or a portion of the land within, the external boundaries of the district.
Submit a copy of the petition to the county, if located within an unincorporated area, or to the municipality, if located within an incorporated area, and to each municipality the boundaries of which are contiguous with, or contain all or a portion of, the land within the external boundaries of the district.
If land to be included within a district is located partially within the unincorporated area of one or more counties and partially within a municipality or within two or more municipalities, pay a $15,000 filing fee to each entity. Districts established across county boundaries shall be required to maintain records, hold meetings and hearings, and publish notices only in the county where the majority of the acreage within the district lies.
Such county and each such municipality required by law to receive a petition may conduct a public hearing to consider the relationship of the petition to the factors specified in paragraph (e). The public hearing shall be concluded within 45 days after the date the petition is filed unless an extension of time is requested by the petitioner and granted by the county or municipality. The county or municipality holding such public hearing may by resolution express its support of, or objection to the granting of, the petition by the Florida Land and Water Adjudicatory Commission. A resolution must base any objection to the granting of the petition upon the factors specified in paragraph (e). Such county or municipality may present its resolution of support or objection at the Florida Land and Water Adjudicatory Commission hearing and shall be afforded an opportunity to present relevant information in support of its resolution.
A local public hearing on the petition shall be conducted by a hearing officer in conformance with the applicable requirements and procedures of the Administrative Procedure Act. The hearing shall include oral and written comments on the petition pertinent to  the  factors  specified  in  paragraph  (e).  The hearing shall be held at an accessible location in the county in which the community development  district is to  be located.  The petitioner shall cause a notice of the hearing to be published in a newspaper at least once a week for the 4 successive weeks immediately prior to the hearing. Such notice shall give the time  and place for  the hearing,  a  description  of  the area to be included in the district, which description shall include a map showing clearly  the area to  be covered by the district, and any other relevant information which the establishing governing bodies may require. The advertisement shall not be placed in that portion of the newspaper  where  legal notices  and classified advertisements appear. The advertisement shall be published in a newspaper of general paid circulation in  the county and of general interest and readership in the community, not one of limited subject matter,  pursuant  to chapter 50. Whenever possible, the advertisement shall appear in a newspaper that is published at least 5 days a week, unless the only newspaper in the community is published fewer than 5 days a week. In addition to being published in the newspaper, the map referenced above must be part of  the online advertisement  required pursuant to s. 50.0211. All affected units of general-purpose local government and the general public shall be given an opportunity to appear at the hearing and present oral or written comments on the petition.
The Florida Land and Water Adjudicatory Commission shall consider the entire record of the local hearing, the transcript of the hearing, resolutions adopted by local general-purpose governments as provided in paragraph (c), and the following factors and make a determination to grant or deny a petition for the establishment of a community development district:
Whether all statements contained within the petition have been found to be true and correct.
Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan.
Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community.
Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district.

Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities.
Whether the area that will be served by the district is amenable to separate special-district government.
The Florida Land and Water Adjudicatory Commission shall not adopt any rule which would expand, modify, or delete any provision of the uniform community development district charter as set forth in ss. 190.006-190.041, except as provided in s. 190.012. A rule establishing a community development district shall only contain the following:
A metes and bounds description of the external boundaries of the district and any real property within the
external boundaries of the district which is to be excluded.
The names of five persons designated to be the initial members of the board of supervisors.
The name of the district.
The Florida Land and Water Adjudicatory Commission may adopt rules setting forth its procedures for considering petitions to establish, expand, modify, or delete uniform community development districts or portions thereof consistent with the provisions of this section.
The exclusive and uniform method for the establishment of a community development district of less than 2,500 acres in size or a community development district of up to 7,000 acres in size located within a connected-city corridor established pursuant to s. 163.3246(13) shall be pursuant to an ordinance adopted by the county commission of the county having jurisdiction over the majority of land in the area in which the district is to be located granting a petition for the establishment of a community development district as follows:
A petition for the establishment of a community development  district  shall be  filed by the petitioner  with the county commission. The petition shall contain the same information as required in paragraph (1)(a).
A public hearing on the petition shall be conducted by the county commission in accordance with the requirements and procedures of paragraph (1)(d).
The county commission shall consider the record of the public hearing and the factors set forth in paragraph (1)(e) in making its determination to grant or deny a petition for the establishment of a community development district.
The county commission may not adopt any ordinance which would expand, modify, or delete any provision
of the uniform community development district  charter  as set  forth in ss.  190.006-190.041. An ordinance establishing a community development district shall only include the matters provided for in paragraph  (1)(f) unless the commission consents to any of the optional powers under s. 190.012(2) at the request of the petitioner.
If all of the land in the area for the proposed district is within the territorial jurisdiction of a municipal corporation, then the petition requesting establishment of a community development district under this act shall be filed by the petitioner with that particular municipal corporation. In such event, the duties of the county, hereinabove described, in action upon the petition shall be the duties of the municipal corporation. If any of the land area of a proposed district is within the land area of a municipality, the county commission may not create the district without municipal approval. If all of the land in the area for the proposed district, even if less than 2,500 acres, is within the territorial jurisdiction of two or more municipalities or two or more counties, except for proposed districts within a connected-city corridor established pursuant to s. 163.3246(13), the petition shall be filed with the Florida Land and Water Adjudicatory Commission and proceed in accordance with subsection (1).
Notwithstanding any other provision of this subsection, within 90 days after a petition for the establishment of a community development district has been filed pursuant to this subsection, the governing body of the county or municipal corporation may transfer the petition to the Florida Land and Water Adjudicatory Commission, which shall make the determination to grant or deny the petition as provided in subsection (1). A county or municipal corporation shall have no right or power to grant or deny a petition that has been transferred to the Florida Land and Water Adjudicatory Commission.
The governing body of any existing special district, created to provide one or more of the public improvements and community facilities authorized by this act, may petition for reestablishment of the existing district as a community development district pursuant to this act. The petition shall contain the information specified in subparagraphs (1)(a)1., 3., 4., 5., 6., and 7. and shall not require payment of a fee pursuant to

paragraph (1)(b). In such case, the new district so formed shall assume the existing obligations, indebtedness, and guarantees of indebtedness of the district so subsumed, and the existing district shall be terminated.
History.-s.  2, ch. 80-407; ss. 4,  5, ch. 84-360; s. 28, ch. 85-55; s. 35,  ch. 87-224; s. 34, ch. 96-410;  s. 6, ch. 98-146; s. 35, ch. 99-378;
s. 34, ch. 2000-364;  s. 2, ch. 2007-160;  s. 33, ch. 2008-4; s. 4, ch. 2009-142; s. 40, ch. 2011-139; s. 6,  ch. 2012-212; s. 13, ch. 2015-30; s.
1, ch. 2016-94; s. 10, ch. 2018-158.

Board of supervisors; members and meetings.-
(1)	The board of the district shall exercise the powers granted to the district pursuant to this act. The board shall consist of five members; except as otherwise provided herein, each member shall hold office for a term of 2 years or 4 years, as provided in this section, and until a successor is chosen and qualifies. The members of the board must be residents of the state and citizens of the United States.
(2)(a)	Within 90 days following the effective date of the rule or ordinance establishing the district, there shall be held a meeting of the landowners of the district for the purpose of electing five supervisors for the district.
Notice of the landowners' meeting shall be published once a week for 2 consecutive weeks in a newspaper  which is in general circulation in the area of the district,  the last day of such publication  to  be not  fewer  than 14 days or more than 28 days before the date of the election. The landowners, when assembled  at  such meeting,  shall organize by electing a chair who shall conduct the meeting. The chair may be any person present at the meeting. If the chair is a landowner or proxy holder of a landowner, he or she may nominate candidates and make and second motions.
(b)	At such meeting, each landowner shall be entitled to cast one vote per acre of land owned by him or her and located within the district for each person to be elected. A landowner may vote in person or by proxy in writing. Each proxy must be signed by one of the legal owners of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy; the street address, legal description of the property, or tax parcel identification number; and the number of authorized votes. If the proxy authorizes more than one vote, each property must be listed and the number of acres of each property must be included. The signature on a proxy need not be notarized. A fraction of an acre shall be treated as 1 acre, entitling the landowner to one vote with respect thereto. For purposes of determining voting interests, platted lots shall be counted individually and rounded up to the nearest whole acre. The acreage of platted lots shall not be aggregated for determining the number of voting units held by a landowner or a landowner's proxy. The two candidates receiving the highest number of votes shall be elected for a period of 4 years, and the three candidates receiving the next largest number of votes shall be elected for a period of 2 years, with the term of office for each successful candidate commencing upon election. The members of the first board elected by landowners shall serve their respective 4-year or 2-year terms; however, the next election by 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 (a). The second and subsequent landowners' election shall be announced at a public meeting of the board at least 90 days prior to the date of the landowners' meeting and shall also be noticed pursuant to paragraph (a). Instructions on how all landowners may participate in the election, along with sample proxies, shall be provided during the board meeting that announces the landowners' meeting. The two candidates receiving the highest number of votes shall be elected to serve for a 4- year period, and the remaining candidate elected shall serve for a 2-year period.
(3)(a)1.	If the board proposes to exercise the ad valorem taxing power authorized bys. 190.021, the district
board shall call an election at which the members of the board of supervisors will be elected. Such election shall be held in conjunction with a primary or general election unless the district bears the cost of a special election. Each member shall be elected by the qualified electors of the district for a term of 4 years, except that, at the first such election, three members shall be elected for a period of 4 years and two members shall be elected for a period of 2 years. All elected board members must be qualified electors of the district.
2.a.	Regardless of whether a district has proposed to levy ad valorem taxes, commencing 6 years after the initial appointment of members or, for a district exceeding 5,000 acres in area or for a compact, urban, mixed-use district, 10 years after the initial appointment of members, the position of each member whose term has expired

shall be filled by a qualified elector of the district, elected by the qualified electors of the district. However, for those districts established after June 21, 1991, and for those existing districts established after December 31, 1983, which have less than 50 qualified electors on June 21, 1991, sub-subparagraphs b. and d. shall apply. If, in the 6th year after the initial appointment of members, or 10 years after such initial appointment for districts exceeding 5,000 acres in area or for a compact, urban, mixed-use district, there are not at least 250 qualified electors in the district, or for a district exceeding 5,000 acres or for a compact, urban, mixed-use district, there are not at least 500 qualified electors, members of the board shall continue to be elected by landowners.
After the 6th or 10th year, once a district reaches 250 or 500 qualified electors, respectively, then the positions of two board members whose terms are expiring shall be filled by qualified electors of the district, elected by the qualified electors of the district for 4-year terms. The remaining board member whose term is expiring shall be elected for a 4-year term by the landowners and is not required to be a qualified elector. Thereafter, as terms expire, board members shall be qualified electors elected by qualified electors of the district for a term of 4 years.
Once a district qualifies to have any of its board members elected by the qualified electors of the district,
the initial and all subsequent elections by the qualified electors of the district shall be held at the general election in November. The board shall adopt a resolution if necessary to implement this requirement when the board determines the number of qualified electors as required by sub-subparagraph d., to extend or reduce the terms of current board members.
On or before June 1 of each year, the board shall determine the number of qualified electors in the district as of the immediately preceding April 15. The board shall use and rely upon the official records maintained by the supervisor of elections and property appraiser or tax collector in each county in making this determination. Such determination shall be made at a properly noticed meeting of the board and shall become a part of the official minutes of the district.
Elections of board members by qualified electors held pursuant to this subsection shall be nonpartisan and shall be conducted in the manner prescribed by law for holding general elections. The district shall publish a notice of the qualifying period set by the supervisor of elections for each election at least 2 weeks prior to the start of the qualifying period. Board members shall assume the office on the second Tuesday following their election. If no elector qualifies for a seat to be filled in an election, a vacancy in that seat shall be declared by the board effective on the second Tuesday following the election. Within 90 days thereafter, the board shall appoint a qualified elector to fill the vacancy. Until such appointment, the incumbent board member in that seat shall remain in office.
Candidates seeking election to office by qualified electors under this subsection shall conduct their campaigns in accordance with the provisions of chapter 106 and shall file qualifying papers and qualify for individual seats in accordance withs. 99.061.
The supervisor of elections shall appoint the inspectors and clerks of elections, prepare and furnish the ballots, designate polling places, and canvass the returns of the election of board members by qualified electors. The county canvassing board shall declare and certify the results of the election.
Members of the board shall be known as supervisors and, upon entering into office, shall take and subscribe to the oath of office as prescribed bys. 876.05. They shall hold office for the terms for which they were elected or appointed and until their successors are chosen and qualified. If, during the term of office, a vacancy occurs, the remaining members of the board shall fill the vacancy by an appointment for the remainder of the unexpired term.
A majority of the members of the board constitutes a quorum for the purposes of conducting its business and exercising its powers and for all other purposes. Action taken by the district shall be upon a vote of a majority of the members present unless general law or a rule of the district 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 _(name ot district!
Community Development 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. The record book shall be kept at the office or other regular place of business maintained by the board in the county or municipality in which the district is located or within the boundaries of a development of regional impact or Florida Quality Development, or combination of a development of regional impact and Florida Quality Development, which includes the district.
Each supervisor shall be entitled to receive for his or her services an amount not to exceed $200 per meeting of the board of supervisors, not to exceed $4,800 per year per supervisor, or an amount established by the electors at referendum. In addition, each supervisor shall receive travel and per diem expenses as set forth ins. 112.061.
All  meetings  of the board shall be open to  the public and governed by the provisions  of chapter 286.
History.-s.  2, ch. 80-407;  s. 6, ch. 84-360; s. 23, ch. 85-80; s. 3, ch. 91-308; s. 962, ch. 95-147; s.  36, ch. 99-378;  s. 19, ch. 2000-158; s.
35, ch. 2004-345; s. 32, ch. 2004-353; s. 3, ch. 2007-160; s. 33, ch. 2008-95; s. 2, ch.  2009-142.

Board of supervisors; general duties.-
The board shall employ, and fix the compensation of, a district manager. 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 district, and for performing  such other  duties as may be prescribed  by the board.  It shall not be a conflict of interest under chapter 112 for  a board member  or  the district  manager  or another employee of the district to be a stockholder, officer, or employee of a landowner or of an entity affiliated with a landowner. The district manager may hire or otherwise employ  and terminate  the employment  of  such other persons, including, without limitation, professional, supervisory, and clerical employees, as may be necessary and authorized by the board. The compensation and other conditions of employment  of  the  officers and employees  of the district shall be as provided by the board. For purposes of s. 8(h)(2), Art. II of the State Constitution, a board member or a public employee of a district does not abuse his or her public position if the board member or public employee commits an act or omission that is authorized under this subsection, s. 112.313(7), (12), (15), or (16), or
s. 112.3143(3)(b), and an abuse of a board member's public position does not include any act or omission in connection with a vote when the board member has followed the procedures required bys. 112.3143.
The board shall designate a person who is a resident of the state as treasurer of the district, who shall have charge of the funds of the district. Such funds shall be disbursed only upon the order,  or pursuant  to  the resolution, of the board by warrant or check countersigned by the treasurer and by such other person as may be authorized by the board. The board may give the treasurer such other or additional powers and duties as the board may deem appropriate and may fix his or her compensation. The board may require the treasurer to  give a bond in  such amount, on such terms, and with such sureties as may be deemed satisfactory to the board to secure the performance by the treasurer of his or her powers and duties.  The financial records  of  the  board  shall be audited by an independent certified public accountant at least once a year.
The board is authorized to select as a depository for its funds any qualified public depository as defined in
s. 280.02 which meets all the requirements of chapter 280 and has been designated by the Chief Financial Officer 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.
History.-s. 2, ch. 80-407; s. 7, ch. 84-360; s. 32, ch. 86-191; s. 963, ch. 95-147; s. 170, ch. 2003-261; s. 4, ch. 2007-160; s. 3, ch. 2020-
77.

Budget; reports and reviews.-
(1)	The district shall provide financial reports in such form and such manner as prescribed pursuant to this chapter and chapter 218.
(2)(a)	On or before each June 15, 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 ensuing fiscal year and an estimate of

income to the district from the taxes, assessments, and other revenues 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 district board shall submit to the local governing authorities having jurisdiction over the area included in the district, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year and any proposed long-term financial plan or program of the district for future operations.
The local governing authorities may review the proposed annual budget and any long-term financial plan or program and may submit written comments to the board for its assistance and information in adopting its annual budget and long-term financial plan or program.
History.-s. 2, ch. 80·407; s. 5, ch. 2007-160.

Disclosure of public 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 to all prospective residents, of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required  by law  to  provide a public  offering statement,  shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. The district shall file the disclosure  documents  required  by this  subsection  and any amendments thereto in the property records of each county in which the district is located.
The Department of Economic Opportunity shall keep a current list of districts and their disclosures pursuant to this act and shall make such studies and reports and take such actions as it deems necessary.
History.-s. 2, ch. 80-407; s. 17, ch. 81-167; s. 15, ch. 83-55; s. 1, ch. 85-60; s. 2, ch. 90-46; s. 9, ch. 94-218; s. 37, ch. 99-378; s. 6, ch.
2007-160; s. 10, ch. 2008-240; s. 70, ch. 2011-142.

General powers.- The district shall have, and the body may exercise, the following 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 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.
To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth ins. 190.033.
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 agreements 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 prescribing the powers, duties, and functions of the officers of the district; the conduct of the business of the district; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the district. The board may also adopt administrative rules with respect to  any of the projects of the district and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of district business.
To maintain an office at such place or places as it may designate within a county in which the district is
located or within the boundaries of a development of regional impact or a Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, which includes the district, which office must be reasonably accessible to the landowners. Meetings pursuant to  s. 189.015(3) of a district within the boundaries of a development of regional impact or Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, may be held at such office.
(7)(a)	To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this act and to make use of such easements, dedications, or reservations for any of the purposes authorized by this act.
(b)	When real property in the district is owned by a governmental entity and subject to a ground lease as
described ins. 190.003(14), to collect ground rent from landowners pursuant to a contract with such governmental entity and to contract with the county tax collector for collection of such ground rent using the procedures authorized ins. 197.3631, other than the procedures contained ins. 197.3632.
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 act.
To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such tax and special assessments as may be authorized; and to charge, collect, and enforce fees and other user charges.
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 activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law.
To exercise within the district, or beyond the district with prior approval by resolution of the governing body 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, over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to water, sewer, district 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.
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 impose upon lands in the district ad valorem taxes as provided by this act.
To determine, order, levy, impose, collect, and enforce special assessments pursuant to this act and chapter 170. Such special assessments may, in the discretion of the district, be collected and enforced pursuant to the provisions of ss. 197.3631, 197.3632, and 197.3635, chapter 170, or chapter 173.
To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.
To exercise such special powers as may be authorized by this act.
History.-s. 2, ch. 80-407; s. 8, ch. 84-360; s. 46, ch. 89-169; s. 4, ch. 91-308; s. 38, ch. 99-378; s. 1, ch. 2003-39; s. 7, ch. 2007-160; s.
5, ch. 2009-142; s. 69, ch. 2014-22.

Special powers; public improvements and community facilities.- 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 act:
To finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain systems, facilities, and basic infrastructures for the following:
Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges.
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.
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.
1.	District roads equal to or exceeding the  applicable  specifications of  the  county in which such district roads are located; roads and improvements to existing public roads that are owned by or conveyed to the local general-purpose government, the state, or the Federal Government; street lights; alleys; landscaping;  hardscaping; and the undergrounding of electric utility lines. Districts may request the underground placement of  utility lines by the local retail electric utility provider in accordance with the utility's tariff on file with the  Public Service Commission and may finance the required contribution.
2.	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.
Any other project within or without the boundaries of a district when a local government issued  a development order pursuant to s. 380.06 approving or expressly requiring the construction or funding of the  project by the district, or when the project is the subject of  an agreement  between  the  district and a governmental  entity and is consistent with the local government comprehensive  plan of  the  local government within which  the  project is to be located.
Any other project, facility, or service required by a development approval, interlocal agreement, zoning condition, or permit issued by a governmental authority with jurisdiction in the district.
After the local general-purpose government within the jurisdiction of which a power specified in this subsection is to be exercised consents to the exercise of such power by the district, the district shall have the power to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities for:
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 and site improvements, which may be leased, sold, or donated to the school district, for use in the educational system when authorized by the district school board.
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 police power, but may contract with the appropriate local general-purpose government agencies for an increased level of such services within the district boundaries. However, this paragraph does not prohibit a

district from contracting with a towing operator to remove a vehicle or vessel from a district-owned facility or property if the district follows the authorization and notice and procedural requirements in s. 715.07 for an owner or lessee of private property. The district's selection of a towing operator is not subject to public bidding if the towing operator is included in an approved list of towing operators maintained by the local government that has jurisdiction over the district's facility or property.
Control and elimination of mosquitoes and other arthropods of public health importance.
Waste collection and disposal.
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.
(4)(a)	To adopt rules necessary for the district to enforce certain deed restrictions pertaining to the use and operation of real property within the district and outside the district pursuant to an interlocal agreement under chapter 163 if within another district or, if not within another district, with the consent of the county or municipality in which the deed restriction enforcement is proposed to occur. For the purpose of this subsection, the term "deed restrictions" means those covenants, conditions, restrictions, compliance mechanisms, and enforcement remedies contained in any applicable declarations of covenants and restrictions that govern the use and operation of real property and, for which covenants, conditions, and restrictions, there is no homeowners' association or property owner's association having respective enforcement powers unless, with respect to a homeowners' association whose board is under member control, the association and the district agree in writing to enforcement by the district. The district may adopt by rule all or certain portions of the deed restrictions that:
Relate to limitations, prohibitions, compliance mechanisms, or enforcement remedies that apply only to external appearances or uses and are deemed by the district to be generally beneficial for the district's landowners and for which enforcement by the district is appropriate, as determined by the district's board of supervisors; or
Are consistent  with the requirements  of a development  order or regulatory  agency permit.
The board may vote to adopt such rules only when all of the following conditions exist:
The district was in existence on the effective date of this subsection, or is located within a development that consists of multiple developments of regional impact and a Florida Quality Development.
For residential districts, the majority of the board has been elected by qualified electors pursuant to the provisions of s. 190.006.
For residential districts, less than 25 percent of residential units are in a homeowners' association.
The declarant in any applicable declarations of covenants and restrictions has provided the board with a written agreement that such rules may be adopted. A memorandum of the agreement shall be recorded in the public records.
Within 60 days after such rules take effect, the district shall record a notice of rule adoption stating generally what rules were adopted and where a copy of the rules may be obtained. Districts may impose fines for violations of such rules and enforce such rules and fines in circuit court through injunctive relief.
The owners of property located outside the boundary of the district shall elect an advisor to the district board pursuant to paragraph (e). The sole responsibilities of the district board advisor are to review enforcement actions proposed by the district board against properties located outside the district and make recommendations relating to those proposed actions. Before the district board may enforce its rules against any owner of property located outside the district, the district board shall request the district board advisor to make a recommendation on the proposed enforcement action. The district board advisor must render a recommendation within 30 days after receiving a request from the district board or is deemed to have no objection to the district board's proposed decision or action.
1.	Whenever an interlocal agreement is entered into pursuant to paragraph (a), a district board advisor seat shall be created for one elected landowner whose property is within the jurisdiction of the governmental entity entering into the interlocal agreement but not within the boundaries of the district. The district board advisor shall be elected by landowners whose land is subject to enforcement by the district but whose land is not within the boundaries of the district. The district board advisor shall be elected for a 2-year term. The first election for a

district board advisor shall be within 90 days after the effective date of the interlocal agreement between the district and the government entity.
The election of the district board advisor shall occur at a meeting  of  eligible  landowners.  The district  shall publish notice of the meeting and election  once  a  week  for  2  consecutive  weeks  in  a  newspaper  of  general circulation in the area of the parties to the interlocal agreement. The notice must include instructions on how  all landowners may participate in the election and  how to  obtain a  proxy form. The last  day of  publication  may  not  be  less than 14 days or more than 28 days before the date of  the  election.  The  landowners,  when  assembled  at  the meeting, shall organize by electing a  chair  who shall  conduct  the  meeting.  The chair  may  be any  person  present  at the meeting. If the chair is a landowner  or  proxy  holder  of  a  landowner,  he or she  may  nominate  candidates  and make and second motions.
At the meeting, each landowner  is  entitled  to  cast  one  vote  per  acre  of  land  owned  by  him  or  her  and located within the district for each person  to  be elected.  A  landowner  may  vote in  person  or  by  proxy  in  writing. Each proxy must  be signed  by one of  the  legal  owners  of  the  property  for which  the  vote is cast  and  must  contain the typed or printed name  of  the  individual  who signed  the  proxy;  the  street  address,  legal description  of  the property, or  tax  parcel  identification  number;  and  the  number  of  authorized  votes.  If  the  proxy  authorizes  more than one vote, each property  must  be  listed  and  the  number  of  acres of  each  property  must  be included.  The signature on a proxy  need  not  be  notarized.  A fraction  of  an  acre shall  be treated  as 1  acre,  entitling  the  landowner to one vote with respect thereto.  For  purposes  of  determining  voting  interests,  platted  lots  shall  be counted individually and rounded up to  the  nearest  whole  acre.  The acreage  of  platted  lots  may  not  be aggregated  for purposes of determining the number of voting units held by a landowner or a landowner's proxy.
If a vacancy occurs in the district advisor seat, a special landowner election shall be held within 60 days after the vacancy using the notice, proxy, and acreage voting provisions of this subsection.
History.-s. 2, ch. 80-407; s. 51, ch. 83-217; s. 9, ch. 84-360; s. 47, ch. 89-169; s. 8, ch. 93-51; s. 39, ch. 99-378; s. 15, ch. 2000-317; s.
47, ch. 2000-364; s. 33, ch. 2004-345; s. 30, ch. 2004-353; s. 8, ch. 2007-160; s. 9, ch. 2009-142; s. 2, ch. 2016-94; s. 11, ch. 2018-158.

190.0125	Purchase, privatization, or sale of water, sewer, or wastewater reuse utility by district.-No community development district may 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 community development 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 privatization contract is in the public interest, the community  development  district  shall consider, at a minimum, the following:
The most recent available income and expense statement for the utility;
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;
(7)(a)	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 community development district or the entity purchasing the utility from the community development district;
(b)	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 community  development  district shall give significant  weight  to  this criteria.

(8)	The alternatives to the purchase, sale, or wastewater facility privatization contract and the potential impact on utility customers if the purchase, sale, or wastewater facility privatization contract is not made;
(9)(a)	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 community development district or the entity purchasing the utility from the community development district;
(b)	In the case of a wastewater facility privatization contract, the community development 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
(10)	All moneys paid by a private firm to a community development district pursuant to a wastewater facility privatization contract shall be used for the purpose of reducing or offsetting property taxes, wastewater service rates, or debt reduction or making infrastructure improvements or capital asset expenditures or other public purpose; provided, however, nothing herein shall preclude the community development district from using all or part of the moneys for the purpose of the community development district's qualification for relief from the repayment of federal grant awards associated with the wastewater system as may be required by federal law or regulation.
The community development 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 community development district or the entity purchasing the utility from the community development district.
History.-s. 3, ch. 84-84; s. 9, ch. 93-51; s. 9, ch. 96-202.

Water management and control plan.-ln the event that the board assumes the responsibility for providing water management and control for the district as provided ins. 190.012(1 )(a) which is to be financed by benefit special assessments, the board shall 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 district's engineer, or such other engineer or engineers as the board may employ for that purpose, complete and comprehensive water management and control plans for the lands located within the district that will be improved in any part or in whole by any system of facilities that may be outlined and adopted, and the engineer shall make a report in writing to the board with maps and profiles of said surveys and an estimate of the cost of carrying out and completing the plans.
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 to 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 incorporated 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 s. 298.301.
Hlstory.-s. 2, ch. 80-407; s. 5, ch. 91-308; s. 964, ch. 95-147; s. 26, ch. 97-40.

Issuance of bond anticipation notes.-ln 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 maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate as the board may determine in compliance with s. 215.84, mature at such time or times not later than 5 years from the date of issuance, and be in such form and executed in such manner as the board shall prescribe. Such notes may be sold at either public or private sale or, if such notes shall be renewal notes, may be exchanged for notes then outstanding on such terms as the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may, in its  discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any taxes or assessments  levied for the payment  of such bonds; but in such event a like amount  of  the bonds authorized shall not be issued. Non-ad valorem assessments levied to pay interest on bond anticipation notes shall not constitute an installment of assessments under s. 190.022.
History.-s. 2, ch. 80-407; s. 9, ch. 83-215; s. 9, ch. 2007-160.

Short-term borrowing.-The district at any time may obtain loans,  in  such amount  and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the district or any costs incurred or that may be incurred in connection with any of the projects of  the district,  which loans shall bear such interest as the board may determine in compliance withs. 215.84, 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 determine in  compliance with s. 215. 84, and to  be sold or discounted at  such price or prices not less than 95 percent  of par value and on such terms as the board may deem advisable. The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, taxes, and assessments of the district. The approval of the electors residing in the district shall not be necessary except when required by the State Constitution.
History.-s. 2, ch. 80-407; s. 80, ch. 81-259; s. 10, ch. 83-215.

Bonds.-
SALE OF BONDS.-Bonds may be sold in blocks or installments at different 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, including 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, benefit bonds, or revenue bonds may be authorized by resolution or resolutions of the board which shall be adopted  by a majority of all  the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at  which they are introduced and need not be published or posted. The board may, by resolution, authorize the issuance of bonds and

fix the aggregate amount of bonds to be issued; the purpose or purposes for which the  moneys derived therefrom shall be expended, including, but not limited to, payment of costs as defined ins. 190.003(8); the rate or rates of interest, in compliance withs. 215.84; 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  premium;  the manner  of execution;  the form of  the bonds,  including any interest coupons to  be attached  thereto;  the manner  of execution of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the contracts  authorized bys. 159.825(1 )(f) and (g) 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 nevertheless  be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.
INTERIM CERTIFICATES; REPLACEMENT CERTIFICATES.-Pending the preparation 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 temporary 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 state.
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 interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in  such  event  the  right,  title, and interest  of the holders of the bonds in any revenues, 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 money held for the redemption or payment of the bonds or other obligations to  any lawful purpose of the district  as the board shall determine.
ISSUANCE OF ADDITIONAL BONDS.-lf 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 authorizing 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 subsequently 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 satisfactory 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 district. 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.-
The district shall have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from, the gross or net pledge of  the revenues to  be derived from any project or combination of projects;  from the rates,  fees,  or other  charges  to  be collected  from the users of any project or projects; from any revenue-producing undertaking or activity of the district;  from  special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the district, and the approval of the qualified electors  shall not be required unless such  bonds are additionally  secured by the full faith and credit and taxing power of the district.
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.
GENERAL OBLIGATION BONDS.-
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 therefor and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the district, to the extent necessary for the payment thereof, without 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 arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to paragraph (a), there shall not be included any general obligation bonds which are additionally secured by the pledge of:
Special 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 or ordinance of the board pursuant to s. 170.08.
Water revenues, sewer revenues, or water and sewer revenues of the district to be derived from user fees in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured.

Any combination of assessments and revenues described in subparagraphs 1. and 2.
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 investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries and for any board, body, agency, instrumentality, county, municipality, or other political subdivision of the state and shall be and constitute security which may be deposited by banks or trust companies as security for deposits of state, county, municipal, or other public funds or by insurance companies as required or voluntary statutory deposits.
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 contracts 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 acquisition of outstanding bonds and obligations; restrictions on the establishing of competing projects or facilities;  restrictions  on the sale or disposal of the assets and property of the district; the priority of assessment  liens;  the priority of  claims by bondholders  on the taxing power of the district; the maintenance of deposits to  assure 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 necessary or desirable for the security of the bondholders.
VALIDATION PROCEEDINGS.-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 and laws amendatory thereof or supplementary thereto.
ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF BONDS.-This act constitutes 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, officers, commission, department, agency, or instrumentality 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 iii 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 a local general-purpose government or the state.
History.-s. 2, ch. 80-407; s. 11, ch. 83-215; s. 10, ch. 84-360; s. 24, ch. 85-80; s. 6, ch. 91-308; s. 965, ch. 95-147; s. 8, ch. 98-47; s. 6,
ch. 2009-142.

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 insurance 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 operation. It shall be lawful for any bank or trust company within or without the state which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the district. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders. The board may provide for the payment of proceeds of the sale of the bonds and the revenues of any project to such officer, board, or depository as it may designate for the custody thereof and may provide for the method of disbursement thereof with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of operation of the project to which such trust agreement pertains.
History.-s. 2, ch. 80-407.

Taxes; non-ad valorem assessments.-
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 district to construct, operate, and maintain  assessable  improvements;  to  pay  the principal 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, except that a district authorized by a local general­ purpose government to exercise one or more powers specified ins. 190.012(2) may levy an additional 2 mills for operating purposes, exclusive of debt service on bonds. 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 shall annually determine, order, and levy the annual installment of the total benefit special assessments for bonds issued and related expenses to finance district  facilities and projects which are levied under this act. 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, and 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 discretion  from using the method prescribed  in  either  s. 197.363  or s.
197.3632 for collecting and enforcing these assessments. Notice of the proposed amount of the assessment pursuant to s. 200.069 that includes the date and time of the hearing may be used in lieu of the notice provisions of
s. 197.3632(4)(b). These 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 ss.  190.011 and 190.012 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 improvement, apportioned  between benefited  lands in  proportion to  the benefits  received by each tract of land.
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 the county tax rolls and shall be collected and enforced by the tax collector in the same

manner and at the same time as county taxes,  and the proceeds  therefrom  shall be paid to the district.  However, this subsection shall not prohibit  the district  in its discretion  from using the method  prescribed in  either  s. 197.363 or s. 197.3632 for collecting and enforcing these assessments. Notice of the proposed amount of the assessment pursuant to s. 200.069 that includes the date and time of the hearing may be used in lieu of the notice provisions of
s. 197.3632(4)(b). 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 taxes. The amount of the  maintenance  special assessment for the exercise of  the district's powers  under ss. 190.011 and 190.012  shall be determined  by the board based upon a report of the district's engineer and assessed by the board upon such lands, which may be all of the lands within the district benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the benefits received by each tract of land.
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 of lands for unpaid and delinquent county taxes; the issuance, sale,  and delivery  of tax certificates  for such unpaid and delinquent county taxes; the redemption thereof;  the issuance to  individuals of tax deeds based thereon;  and all other procedures in connection therewith shall be applicable to  the district  to the same extent  as if  such statutory provisions were expressly set forth herein. All taxes shall be subject to  the  same discounts as county taxes.
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.
TAX EXEMPTION.-All bonds is_sued 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 chapter  220.  Further,  districts are not exempt from the provisions of chapter 212.
TRANSITIONAL PROVISIONS.-Nothing in this act shall be deemed to affect any benefit tax, maintenance tax, non-ad valorem assessment, ad valorem tax, or special assessment  imposed by a community development  district as of June 21, 1991. Nothing in this act shall be construed to affect any tax or assessment pledged to secure or authorized pursuant to a trust indenture under this chapter, and the district imposing such tax or assessment  is hereby authorized to impose such tax or assessment under the terms required by the trust indenture. The terms benefit taxes or maintenance taxes used in this chapter prior to June 21, 1991, are redesignated as benefit or maintenance special assessments pursuant to  this act, and such terms may be used interchangeably under  the terms of an existing trust indenture.
STATUS OF ASSESSMENTS.-Benefit special assessments, maintenance special assessments, and special assessments are non-ad valorem assessments as defined bys. 197.3632.
ASSESSMENTS CONSTITUTE LIENS; COLLECTION.-Benefit special assessments and maintenance special assessments authorized by this section, and special assessments authorized bys. 190.022 and chapter 170, shall constitute a lien on the property against which assessed from the date of imposition  thereof  until paid,  coequal with the lien of state, county, municipal, and school board taxes. These non-ad valorem assessments may be collected, at the district's discretion, by the tax collector  pursuant  to  the provisions  of s. 197.363  ors. 197.3632, or in accordance with other collection measures provided by law.
LAND OWNED BY GOVERNMENTAL ENTITY.-Except as otherwise provided by law, no levy of ad valorem taxes or non-ad valorem assessments under this chapter, or chapter 170, chapter 197, or otherwise, by a board of a district on property of a governmental entity that is subject to a ground lease as described in s. 190.003(14 ), shall constitute a lien or encumbrance on the underlying fee interest of such governmental entity.
History.-s. 2, ch. 80-407; s. 11, ch. 84-360; s. 48, ch. 89-169; s. 7, ch. 91-308; s. 40, ch. 99-378; s. 35, ch. 2000-364; s. 10, ch. 2007-
160; s. 7, ch. 2009-142.

Special assessments.-

The board may levy special assessments for the construction, reconstruction, acquisition, or maintenance of district facilities authorized under this chapter using the procedures for levy and collection provided in chapter 170 or chapter 197.
Notwithstanding the provisions of s. 170.09, district assessments may be made payable in no more than 30 yearly installments.
Hlstory.-s. 2, ch. 80-407; s. 12, ch. 84-360; s. 8, ch. 91-308; s. 41, ch. 99-378.

Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds.-
The board may, after any assessments for assessable improvements are made, determined, and confirmed as provided ins. 190.022, 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 accordance with the installments of  the special assessment  for which  they are issued.  The board may determine the interest to be borne by such certificates, in compliance with s. 215.84, and may sell such certificates at either private or public sale and determine the form, manner of execution, and other details of such certificates. The certificates shall recite that they are payable only  from the special assessments  levied and collected  from  the part or parcel of land or property against  which  they are issued. The proceeds  of such certificates may be pledged for the payment of principal of and interest  on any revenue bonds or general  obligation bonds issued  to finance in whole or in part such assessable improvement, or, if  not so pledged,  may be used to  pay the cost or part of  the cost of such assessable improvements.
The district may also issue assessment  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 assessment  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 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 assessment bonds or other obligations.
The assessment 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 assessment 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 indebtedness representing such assessment liens, are assigned to or deposited in such special fund.
Such assessment bonds or other obligations issued under this section shall bear such interest as the board may determine, not to exceed a rate which is in compliance withs. 215.84, and shall be executed, shall have such provisions for redemption prior to maturity, shall be sold in the manner and 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.

All assessment bonds or other obligations issued under the provisions of this act, except certificates of indebtedness issued against separate lots or parcels of land or property as provided in this section, shall be and constitute and shall have all the qualities and incidents of negotiable instruments under the law merchant and the laws of the state.
History.-s. 2, ch. 80-407; s. 81, ch. 81-259; s. 12, ch. 83-215.

Tax liens.-All taxes of the district  provided  for in this act,  together  with all penalties for default in the payment of the same and all costs in collecting  the  same, including  a  reasonable attorney's fee fixed  by the court and taxed as a cost in the action brought  to  enforce  payment,  shall,  from  January 1 for each  year  the property is liable to assessment and until paid, constitute a lien of equal dignity with the liens for state and county taxes and other taxes of equal dignity with state and county taxes upon  all the  lands against which such  taxes shall  be levied. A sale of any of the  real  property within  the district for state and  county or other taxes shall  not operate to relieve or release the property so sold from  the  lien  for subsequent  district  taxes or  installments  of  district taxes, which lien may be enforced against such property as though no such sale thereof had been  made.  The provisions of ss. 194.171, 197.122, 197.333, and  197.432 shall  be applicable  to  district  taxes with  the same force and effect as if such provisions were expressly set forth in this act.
History.-s. 2, ch. 80-407; s. 33, ch. 82-226; s. 202, ch. 85-342; s. 27, ch. 95-280.

Payment of taxes and redemption of tax liens by the district; sharing in proceeds of tax sale.-
The district has the 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
To 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 purchased, 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 s. 197.542 and  amendments  thereto,  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.
History.-s. 2, ch. 80-407; s. 203, ch. 85-342.

Foreclosure of liens.-Any lien in favor of  the  district arising  under this act may be foreclosed  by the district by foreclosure proceedings in the  name of  the  district in a court of  competent  jurisdiction  as provided by general law in like manner as is provided in  chapter 170 or chapter 173 and amendments  thereto;  the  provisions of those chapters 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 authorized to be done by or on behalf of a municipality in foreclosure proceedings under  chapter 170 or chapter 173 may be performed  by such  officer or agent of  the district as the board of supervisors may designate. Such foreclosure 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.
History.-s. 2, ch. 80-407; s. 11, ch. 2007-160.

190.031	Mandatory use of certain district facilities and services.-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 district.
History.-s. 2, ch. 80-407.

190.033	Bids 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 ins. 287.017 for category four,  unless  notice of bids or other competitive solicitation, including requests for proposals or qualifications, is advertised once in a newspaper in general circulation in the  county and in the  district. Any board seeking  to  construct  or improve a public building, structure, or other public works shall comply with the bidding procedures of s. 255.20 and other applicable general 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. In each case in which requests for  proposals,  qualifications,  or other competitive solicitations are used, the district shall determine  which  response  is most advantageous  for the  district and award the contract to that proposer. The board may require the bidders or proposers to furnish bond with  a  responsible surety to be approved by the board. If the district does not receive a response to its competitive  solicitation,  the district may proceed to purchase such  goods,  supplies,  materials,  or construction  services in  the  manner  it deems in the best interests of the district. Nothing in this section shall prevent the board from undertaking and
performing the construction, operation, 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, s. 287.055, 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 solicitation requirements when the amount thereof to be paid by the district exceeds the amount provided in s.
287.017 for category four. The district shall adopt rules, policies, or procedures establishing competitive solicitation procedures for maintenance services. Contracts for other services shall not be subject to competitive solicitation unless the district adopts a rule, policy, or procedure applying competitive solicitation procedures to said contracts.
History.-s. 2, ch. 80-407; s. 9, ch. 91-308; s. 113, ch. 94-119; s. 42, ch. 99-378; s. 12, ch. 2007-160.

Fees, rentals, and charges; procedure for adoption and modifications; minimum revenue
requirements. -
The district is authorized to prescribe, fix, establish, and collect rates, fees, rentals, or other charges, hereinafter sometimes referred to as "revenues," and to revise the same from time to time, for the 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 making connection with any district facility or system; and to provide for reasonable  penalties against any user or property for any such rates, fees, rentals, or other charges that are delinquent.
No such rates, fees, rentals, or other charges for any of the facilities or services of the district shall be fixed until after a public hearing at which all the users of the proposed facility or services or owners, tenants, or occupants served or to be served thereby and all other interested persons shall have an opportunity to be heard concerning the proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and other charges shall be adopted under the administrative rulemaking authority of the district, but shall not apply to district leases. Notice of such public hearing setting forth the proposed schedule or schedules of rates, fees, rentals, and other charges shall have.bee n published in a newspaper in the county and of general circulation in the district at least once and at least 10 days prior to such public hearing. The rulemaking hearing may be adjourned from time to time. After such hearing, such schedule or schedules, either as initially proposed or as modified or amended, may be finally adopted. A copy of the schedule or schedules of such rates, fees, rentals, or charges as finally adopted shall be kept on file in an office designated by the board and shall be open at all reasonable times to public inspection. The rates, fees, rentals, or charges so fixed for any class of users or property served shall be extended to cover any additional users or properties thereafter served which shall fall in the same class, without the necessity of any notice or hearing.

Such rates, fees, rentals, and charges shall be just and equitable and uniform for  users of the same class, and when appropriate may be based or computed either upon the amount of service furnished, upon the 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 facilities 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, revenues, 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, including 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 and facilities furnished or to be furnished by the district.
History.-s. 2, ch. 80-407; s. 10, ch. 91-308.

Recovery of delinquent charges.-ln the event that any rates, fees, rentals, charges, or delinquent penalties shall not be paid as and when due and shall be in default for 60 days or more, the unpaid balance thereof and all interest accrued thereon, together with reasonable attorney's fees and costs, may be recovered by the district in a civil action.
History.-s. 2, ch. 80-407.

Discontinuance of service.-ln 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 interest, penalties, and charges for the shutting off and discontinuance and the restoration of such water and sewer services  or both,  are fully paid;  and,  for such purposes,  the board may enter on any lands, waters, or premises of any person, firm, corporation, or body,  public  or  private,  within the district limits. Such delinquent fees, rentals, or other charges, together  with interest,  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.
History.-s. 2, ch. 80-407; s. 82, ch. 81-259.

190.041	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, constructed, 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, maintenance, 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.
History.- s. 2, ch. 80-407; s. 83, ch. 81-259.

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 ins. 768.28.

History.-s. 2, ch. 80-407.

Exemption of district property from execution.-All district property shall be exempt from levy and sale by vfrtue 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.
History.-s. 2, ch. 80-407.

Termination, contraction, or expansion of district.-
A landowner or the board may petition to contract or expand the boundaries of a community development district in the following manner:
The petition shall contain the same information required bys. 190.005(1 )(a)1. and 8. In addition, if the petitioner seeks to expand the district, the petition shall describe the proposed timetable for construction  of  any district services to the area, the estimated cost of constructing the proposed services, and  the designation  of the future general distribution, location, and extent of public  and private uses  of  land proposed  for  the area by  the future land use plan element of the adopted local government local comprehensive plan. If the petitioner seeks to contract the district, the petition shall describe what services  and facilities  are currently  provided  by the district  to the area being removed, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for  the area by the future land element  of the adopted  local government comprehensive plan.
For those districts initially established by county ordinance, the petition for ordinance amendment shall be filed with the county commission. If the land to be included or excluded is, in whole or in part, within the boundaries of a municipality, then the county commission shall not amend the ordinance without municipal approval. A public hearing shall be held in the same manner and with the same public notice as other ordinance amendments. The county commission shall consider the record of the public hearing and the factors set forth in s. 190.005(1)(e) in making its determination to grant or deny the petition for ordinance amendment.
For those districts initially established by municipal ordinance pursuant to s. 190.005(2)(e), the municipality shall assume the duties of the county commission set forth in paragraph (b); however, if any of the land to be included or excluded, in whole or in part, is outside the boundaries of the municipality, then the municipality shall not amend its ordinance without county commission approval.
1.	For those districts initially established by administrative rule pursuant to s. 190.005(1), the petition shall be filed with the Florida Land and Water Adjudicatory Commission.
Prior to filing the petition, the petitioner shall pay a filing fee of $1,500, to the county if the district or the land to be added or deleted from the district is located within an unincorporated area or to the municipality if the district or the land to be added or deleted is located within an incorporated area, and to each municipality the boundaries of which are contiguous with or contain all or a portion of the land within or to be added to or deleted from the external boundaries of the district. The petitioner shall submit a copy of the petition to the same entities entitled to receive the filing fee. In addition, if  the  district is not the petitioner,  the petitioner  shall file the petition with the district board of supervisors.
Each county and each municipality shall have the option of holding a public hearing as provided by s.
190.005(1)(c). However, the public hearing shall be limited to consideration of the contents of the petition and whether the petition for amendment should be supported by the county or municipality.
The district board of supervisors shall, in lieu of a hearing officer, hold the local public hearing provided for bys. 190.005(1)(d). This local public hearing shall be noticed in the same manner as provided ins. 190.005(1)(d). Within 45 days of the conclusion of the hearing, the district board of supervisors shall transmit to the Florida Land and Water Adjudicatory Commission the full record of the local hearing, the transcript  of  the hearing,  any resolutions adopted by the local general-purpose governments, and its recommendation whether to  grant the petition for amendment. The commission shall then proceed in accordance withs. 190.005(1 )(e).
A rule amending a district boundary shall describe the land to be added or deleted.

1. During the existence of a district initially established by administrative rule, the process to amend the boundaries of the district pursuant to paragraphs (a)-(d) shall not permit a cumulative net total greater than 50 percent of the land in the initial district, and in no event greater than 1,000 acres on a cumulative net basis.
2.	During the existence of a district initially established by county or municipal ordinance, the process to amend the boundaries of the district pursuant to paragraphs (a)-(d) shall not permit a cumulative net total greater than 50 percent of the land in the initial district, and in no event greater than 1,000 acres on a cumulative net basis.
Petitions to amend the boundaries of the district that exceed the amount of land specified in paragraph (e) shall be processed in accordance with s. 190.005, and the petition shall include only the elements set forth in s. 190.005(1 )(a)1. and 5.-8. and the consent required by paragraph (g). However, the resulting administrative rule or ordinance may only amend the boundaries of  the district  and may not establish a new district or cause a new 6- year or 10-year period to begin pursuant to s. 190.006(3)(a)2. The filing fee for such petitions shall be as set  forth ins. 190.005(1 )(b), as applicable.
In all  cases of a petition to amend the boundaries of a district, the filing of  the petition by the district board of supervisors constitutes consent of the landowners within the district. In all cases, written consent of those landowners whose land is to be added to or deleted from the district as provided ins. 190.005(1 )(a)2. is required.
For a petition to establish a new community development district of less than 2,500 acres on land located solely in one county or one municipality, sufficiently contiguous lands located  within  the county  or  municipality which the petitioner anticipates adding to the boundaries of  the district  within 10 years  after  the effective  date of the ordinance establishing the district may also be identified. If such sufficiently contiguous land is identified, the petition must include a legal description of each  additional  parcel within  the sufficiently  contiguous  land,  the current owner of the parcel, the acreage of the parcel,  and the current  land use designation  of the parcel.  At least 14 days before the hearing required under s.  190.005(2)(b),  the petitioner  must give the current  owner of  each such parcel notice of filing the petition to establish the  district,  the date and time  of  the public hearing on the petition, and the name and address of the petitioner.  A parcel may  not  be included in  the district  without  the written consent of the owner of the parcel.
After establishment of the district, a person may petition the county or municipality to amend the boundaries of the district to include a previously identified parcel that was a proposed addition to the district before its establishment. A filing fee may not be charged for this petition. Each such petition must include:
A legal description by metes and bounds of the parcel to be added;
A new legal description by metes and bounds of the district;
Written consent of all owners of the parcel to be added;
A map of the district including the parcel to be added;
A description of the development proposed on the additional parcel; and
A copy of the original petition identifying the parcel to be added.
Before filing with the county or municipality, the person must provide the petition to the district and to the owner of the proposed additional parcel, if the owner is not the petitioner.
Once the petition is determined sufficient and complete, the county or municipality must process the addition of the parcel to the district as an amendment to the ordinance that establishes the district. The county or municipality may process all petitions to amend the ordinance for parcels identified in the original petition, even if, by adding such parcels, the district exceeds 2,500 acres.
The petitioner shall cause to be published in a newspaper of general circulation in the proposed district a notice of the intent to amend the ordinance that establishes the district. The notice must be in addition to any notice required for adoption of the ordinance amendment. Such notice must be published at least 10 days before the scheduled hearing on the ordinance amendment and may be published in the section of the newspaper reserved for legal notices. The notice must include a general description of the land to be added to the district and the date and time of the scheduled hearing to amend the ordinance. The petitioner shall deliver, including by mail or hand delivery, the notice of the hearing on the ordinance amendment to the owner of the parcel and to the district at least 14 days before the scheduled hearing.

The amendment of a district by the addition of a parcel pursuant to this paragraph does not alter the transition from landowner voting to qualified elector voting pursuant to s. 190.006, even if the total size of the district after the addition of the parcel exceeds 5,000 acres. Upon adoption of the ordinance expanding  the district, the petitioner must cause to be recorded a notice of boundary amendment which reflects the new boundaries of the district.
This paragraph is intended to facilitate the orderly addition of lands to a district under certain circumstances  and does not preclude the addition of lands to any district using the procedures in  the  other provisions of  this section.
The district shall remain in existence unless:
The district is merged with another district as provided in subsection (3) or subsection (4);
All of the specific community development systems, facilities, and services that it is authorized to  perform have been transferred to a general-purpose unit of local government in the manner provided in subsections (5), (6), and (7); or
The district is dissolved as provided in subsection (8), subsection (9), or subsection (10).
The district may merge with other community development districts upon filing a petition for merger, which petition shall include the elements set forth ins. 190.005(1)  and  which  shall be  evaluated  using  the  criteria  set forth ins. 190.005(1)(e). The filing fee shall be as set forth ins. 190.005(1)(b). In addition, the petition shall state whether a new district is to be established or whether one district shall be the surviving district. A community development district may also merge with another type of  special district  created by special act pursuant  to  the terms of that special act or by filing a petition for establishment of a new district pursuant to s. 190.005. The government formed by a merger involving a community development  district  pursuant  to  this section shall assume all indebtedness of, and receive title to, all property owned by the preexisting special districts, and the rights of creditors and liens upon property are not impaired by such merger.  Any claim existing or action or proceeding  pending by or against any district that is a party to the merger  may be continued as if  the merger  had not occurred, or the surviving district may be substituted in the proceeding for the district that ceased to exist. Prior to  filing a petition, the districts desiring to  merge shall enter into a merger  agreement  and shall provide for  the proper allocation of the indebtedness so assumed and the manner in which such debt shall be retired. The approval of the merger agreement and the petition by the board of supervisors of the district shall constitute consent of  the landowners within the district. A community development  district merging with another  type of  district  may  also enter into a merger agreement to address issues of  transition,  including the allocation of indebtedness  and retirement of debt.
(4)(a)	To achieve economies of scale, reduce costs to affected district residents and businesses in areas with
multiple existing districts, and encourage the merger of multiple districts, up to five districts that were established by the same local general-purpose government and whose board memberships are composed entirely of qualified electors may merge into one surviving district through adoption of an ordinance by the local general-purpose government, notwithstanding the acreage limitations otherwise set forth for the establishment of a district in this chapter. The filing of a petition by the majority of the members of each district board of supervisors seeking to merge constitutes consent of the landowners within each applicable district.
In addition to meeting the requirements of subsection (3), a merger agreement entered into between the district boards subject to this subsection must also:
Require the surviving merged district board to consist of five elected board members.
Require each at-large board seat to represent the entire geographic area of the surviving merged district.
Ensure that each district to be merged is entitled to elect at least one board member from its former boundary.
Ensure a fair allocation of board membership to represent the districts being merged. To that end:
If two districts merge, two board members shall be elected from each of the districts and one member shall be elected at-large.
If three districts merge, one board member shall be elected from each of the three districts and two board members shall be elected at-large.

If four districts merge, one board member shall be elected from each of the four districts and one board member shall be elected at-large.
If five districts merge, one board member shall be elected from each of the five districts.
Require the election of board members for the surviving merged district to be held at the next general election following the merger, at which time all terms of preexisting board members shall end and the merger shall be legally in effect.
Before filing the merger petition with the local general-purpose government under this subsection, each district proposing to merge must hold a public  hearing within its  district  to provide information  about  and take public comment on the proposed merger, merger agreement, and assignment of board seats. Notice of the hearing shall be published at least 14 days before the hearing.  If,  after  the public hearing,  a district  board decides  that it no longer wants to merge and cancels the proposed merger agreement, the remaining districts must each hold another public hearing on the revised merger agreement. A petition to merge may not be filed for at least 30 days after the last public hearing held by the districts proposing to merge.
The local general-purpose government within the geographical boundaries of which the district lies may adopt a nonemergency ordinance providing for a plan for the transfer of a specific community development service from a district to the local general-purpose government. The plan must provide for the assumption and guarantee of the district debt that is related to the service by the local general-purpose government and must demonstrate the ability of the local general-purpose government to provide such service:
As efficiently as the district.
At a level of quality equal to or higher than the level of quality actually delivered by the district to the users of the service.
At a charge equal to or lower than the actual charge by the district to the users of the service.
No later than 30 days following  the adoption of a transfer  plan ordinance,  the board of supervisors may file, in the circuit court for the county in which the local general-purpose government that adopted the ordinance  is located, a petition seeking review by certiorari of the factual and legal basis for the adoption of the transfer plan ordinance.
Upon the transfer of all of the community development services of the district  to a general-purpose unit of local government, the district shall be terminated in accordance  with a plan of  termination  which  shall be adopted by the board of supervisors and filed with the clerk of the circuit court.
If, within 5 years after the effective date of the rule or ordinance establishing the district, a landowner has not received a development permit, as defined in chapter 380, on some part or all of the area covered by the district, then the district will be automatically dissolved and a judge of the circuit court shall cause a statement to that effect to be filed in the public records.
In the event the district has become inactive pursuant to s. 189.062, the respective board of county commissioners or city commission shall be informed and it shall take appropriate action.
If a district has no outstanding financial obligations and no operating or maintenance responsibilities, upon the petition of the district, the district may be dissolved by a nonemergency ordinance of the general-purpose local governmental entity that established the district or, if the district was established by rule of the Florida Land and Water Adjudicatory Commission, the district may be dissolved by repeal of such rule of the commission.
History. - s. 2, ch. 80-407; ss. 13, 19, ch. 84-360; s. 49, ch. 89-169; s. 11, ch. 91-308; s. 43, ch. 99-378; s. 34, ch. 2004-345; s. 31, ch.
2004-353; s. 10, ch. 2009-142; s. 22, ch. 2013-15; s. 70, ch. 2014-22; s. 3, ch. 2016-94; s. 4, ch. 2017-3; s. 1, ch. 2019-164.

Incorporation or annexation of district.-
Upon attaining the population standards for incorporation contained in s. 165.061 and as determined by the Department of Economic Opportunity, any district wholly contained within the unincorporated area of a county that also meets the other requirements for incorporation contained in s. 165.061 shall hold a referendum at a general election on the question of whether to incorporate. However, any district contiguous to the boundary of a municipality may be annexed to such municipality pursuant to the provisions of chapter 171.

The Department of Economic Opportunity shall annually monitor the status of the district for purposes of carrying out the provisions of this section.
History. - s. 14, ch. 84-360; s. 13, ch. 2007-160; s. 71, ch. 2011-142.

Sale of real estate within a district; required disclosure to purchaser.-Subsequent to the establishment of a district under this chapter, 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 (Name of DistrictL COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITIES 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."
History. - s. 15, ch. 84-360; s. 3, ch. 90-46; s. 44, ch. 99-378.

190.0485	Notice of establishment.-Within 30 days after the effective date of a rule or ordinance establishing a community development district under this act, the district shall cause to be recorded in the property records in the county in which it is located a "Notice of Establishment of the	Community Development District." The notice shall, at a minimum, include the legal description of the district and a copy of the disclosure statement specified ins. 190.048.
History.-s. 45, ch. 99-378.

Special acts pr ohibi t ed. - Pursu ant to s. 11(a)(21), Art. Ill of the State Constitution, there shall be no special law or general law of local application creating an independent special district which has the powers enumerated in two or more of the paragraphs contained ins. 190.012, unless such district is created pursuant to the provisions of s. 189.031.
Hist ory.- s. 2, ch. 80-407; s. 16, ch. 84-360; s. 47, ch. 99-378; s. 71, ch. 2014-22.

Copyright© 1995-2021 The Florida Legislature • PrivacY. Statement • Contact Us

S ECTION C

S ECTION 1

RESOLUTION 2021-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT  AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Storey Drive Community Development District (the "District")  is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District ("Board") desires to elect the Officers of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

Section 1.

Section 2.

The following persons are elected to the offices shown:

Chairman		 Vice Chairman	 	 Secretary		 Assistant Secretary      	 Assistant Secretary      	  Assistant Secretary      	 Assistant Secretary      	

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 6th day of May, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

S ECTION 2

RESOLUTION 2021-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT DESIGNATING A TREASURER AND ASSISTANT TREASURER OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Storey Drive Community Development District (the "District")  is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

WHEREAS, the Board of Supervisors of the District ("Board") desires to appoint a Treasurer and Assistant Treasurer.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

Section 1.

Section 2.

_   _   _

_   _   _

_   _   _   _

_   _   _   _

_ _ _ is appointed Treasurer.

_ _ _ is appointed Assistant Treasurer.

Section 3.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 6th day of May, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman

S ECTIO N Ill

S ECTION A

AGREEMENT FOR DISTRICT MANAGEMENT SERVICES BETWEEN STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT AND GOVERNMENTAL MANAGEMENT SERVICES - CENTRAL FLORIDA, LLC

Date of  Agreement: 	day of _ 	__, 2021.

Between:	Governmental Management Services - Central Florida, LLC 219 E. Livingston Street
Orlando, Florida 32801

(Hereinafter referred to as "Manager");

And:

Storey Drive Community Development District
A unit of special purpose local government located in City of Orlando, Orange County, Florida

(Hereinafter referred to as "District").

GENERAL MANAGEMENT, ADMINISTRATIVE, AND ACCOUNTING SERVICES

This engagement is for the Manager to provide District Management Services for the District. The duties and responsibilities include, but are not  limited  to  the  following:

Meet ings, He arings, W orkshops, Etc.

The Manager will organize, conduct, and provide minutes for all meetings of the District. This includes, but is not limited to, scheduling meetings, providing agenda packages and meeting materials in the form requested by the District Board of Supervisors, and publishing Board meeting, public hearing notices, and landowner election notices pursuant to Florida law.

The Manager will consult with the District Board of Supervisors and its designated representatives, and when necessary, organize such meetings, discussions, project site visits, workshops, and hearings as may pertain to the administration and accomplishment of the  various  projects  and  services provided by the District.

Records

The Manager will maintain "Record of Proceedings" for the District within the boundaries of the local government in which the District is located and include meeting minutes, agreements, resolutions and other records required by law or contract and provide access to such records as necessary for proper District function or compliance with Florida's public records laws.

District Operations

The Manager will act as the primary point of contact for District-related matters.

The Manager will consult with and advise the District on matters related to the operation and maintenance of the District's public infrastructure.

The Manager will make recommendations and assist in matters relating to solicitation, approval, rejection, amendment, renewal, and cancellation of contracts for services to the District. In advance of expiration of contracts, the Manager will advise the Board as to need for renewal or additional procurement activities and implement same.

On or before October 1st of every year, the Manager will prepare an annual inventory of all District owned tangible personal property and equipment in accordance with all applicable rules and standards.

The Manager will recommend and advise the Board, in consultation with the District Engineer of the appropriate amount and type of insurance and be responsible for procuring all necessary insurance.

The Manager will ensure compliance with all statutes affecting the District by performing the following tasks (and such other tasks required by law but not specifically identified herein):

File name and location of the Registered Agent and Office location annually with Department of Community Affairs and the County.
Provide legal description and boundary map as provided by District Engineer to the Supervisor of Elections
Provide the regular meeting schedule of the Board to County.
File all required financial reports to the Department of Revenue, Auditor General, the County, and other governmental agencies with jurisdiction in compliance with Florida law.

File request letter to the Supervisor of Election of the County for number of registered voters as of April 15, each year. Report annually the number of registered voters in the District by June 1, of each year.
Transmit Public Facilities Report and related updates to appropriate agencies.
Prepare and file annual public depositor report.

Accounting and Reporting

The Manager will implement an integrated management reporting system compliant with Generally Accepted Accounting Principles (GAAP) for government and fund accounting which will allow the District to represent fairly and with full disclosure the financial position of the District. The District's accounting activities will be overseen by a degreed accountant.

The Manager will prepare reports as appropriate under applicable law, accounting standards, and bond trust indenture requirements. The Manager will track the District's general fund and bond fund activities and provide monthly and annual financial statements (including budget to actual summary).

The Manager will administer the processing, review and approval, and timely payment of all invoices and purchase orders.

The Manager will oversee District's capital and general fund accounts.

The Manager will recommend and implement invesbnent policies and procedures pursuant to State law, and provide Cash Management services to obtain maximum earnings for District operations through investment of surplus funds to the State Board of Administration.

Audits

The Manager will provide audit support to auditors for the required  Annual Audit, and will ensure completion and submission of audit and Annual Financial Statements to the County, Auditor General, and other appropriate government entities in compliance with Florida law.

Budgeting

The Manager will prepare and provide for a  proposed  budget  for  Board approval and submission to County in compliance with state law. The Manager will prepare final budget and backup material for and present the budget at all budget meetings, hearings and workshops. The Manager will ensure that all budget meetings, hearings, and work hops are properly noticed.

The  Manager	will	administer	the  adopted	budget	and	prepare	budget amendments on an ongoing basis as necessary.

Capital Program Administration

The Manager will maintain proper capital fund and project fund accounting procedures and records.

The Manager will coordinate with District staff to provide  for appropriate  bid and or proposal/ qualification processes for Capital Project Construction.

The Manager will oversee and implement bond issue related compliance, i.e., coordination of annual arbitrage report, transmittal  of  annual  audit and  budget to the trustee, transmittal of annual audit to bond holders and  underwriters, annual/ quarterly disclosure reporting, etc.

Maintenance Contract Administration

Upon direction by the District's Board of Supervisors and upon mutual agreement of the parties hereto, Manager will provide Maintenance Contract Administration for District in general accordance with the fees outlined in Exhibit A. The parties further understand and recognize that the scope and number of contracts to be administered under said fee may be limited and/or multiple fees may be required. Any Maintenance Contract Administration shall be by separate agreement between the parties.

FINANOAL SERVICES

Assessments & Revenue Collection

The Manager will develop and administer the annual assessment roll for the District. This includes administering the tax roll for the District for assessments collected by the County and administering assessments for Off Tax Roll parcels/lots.

The Manager will provide payoff information and pre-payment amounts as requested by property owners, and collect prepayment of assessments as necessary.

The Manager will monitor development of the District and perform Assessment True-up Analysis when appropriate.

The Manager will issue estoppel letters as needed for property transfers.

The Manager will maintain the District's Lien Book, in which is recorded the details of any District debt and the related debt service assessments. The Lien Book will account for all District debt and show the allocation of debt principal to assessed properties within the District.

FEES AND TERM OF SERVICES

All services will be completed on a timely basis in accordance with the District needs and statutory requirements.

The District agrees to compensate the Manager in accordance with the fee schedule set forth in the attached Exhibit A. Payment shall be made in equal monthly installments at the beginning of each month, and may be amended annually  as  evidenced by the budget approved by the Board.

This Agreement shall automatically renew each Fiscal Year of the District, unless otherwise terminated by either party. The District will consider price adjustments each twelve (12) month period to compensate for market conditions and the  planned workload of the District to be performed during the next twelve (12) month period. Evidence of price or fee adjustments will be approved by the Board in its adopted or amended Fiscal Year Budget.

DISTRICT RESPONSIBILITIES

The District shall provide for the timely services of its legal counsel, engineer and any other consultants, contractors or employees, as required, for the Manager to perform the duties outlined in this Contract. Expenses incurred in providing this support shall be the sole responsibility of the District.

TERMINATION OF THIS CONTRACT

This Contract may be terminated as follows:

By the District for "good cause," which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by the Manager which termination may be immediate; or

By the Manager or District, for any reason, upon 60 days written notice.

In the event this Contract is terminated in either manner above stated,  the Manager will make all reasonable effort to provide for an orderly transfer of the books and records of t e District to the District or its designee.

GENERAL TERMS AND CONDITIONS

All invoices are due and payable when received.

This Contract shall be interpreted in accordance with and shall  be governed  by the laws of the State of Florida.

In the event that any provision of this contract shall be determined to be unenforceable or invalid by a court such unenforceability or invalidity shall not affect the remaining provisions of the Contract which shall remain in full force and effect.

The rights and obligations of the District as defined by  this Contract  shall inure to the benefit of and shall be binding upon the successors and assigns of the District. There shall be no assignment of this Contract by the Manager, without the approval of the District.

Nothing contained in this Contract shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes or other statute, and nothing in this Contract shall inure to the benefit of any third party for the purpose of  allowing any  claim which would otherwise be barred under the Doctrine of Sovereign Immunity  or by operation of law.

Any amendment or change to this Contract shall be in writing and executed by all parties.

COMPLIANCE WITHE-VERIFY SYSTEM

The Manager shall comply with and perform all  applicable  provisions and requirements of Section 448.095, Florida Statutes and Section 448.09(1), Florida Statues. Accordingly, beginning on the Effective Date, to the extent required by Section 448.095, Florida Statutes, the Manager shall enroll with and use the United States Department of Homeland Security's E-Verify system to verify the work authorization status of all newly hired employees. The  District  may  terminate this Agreement immediately for cause if there is a good faith belief that the Manager has knowingly violated Section 448.091, Florida Statutes.

If the Manager anticipates entering into agreements with a subcontractor for the work, Manager will not enter into the subcontractor agreement  without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Manager shall

maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request. In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Manager has otherwise complied with its obligations hereunder, the District shall promptly notify the Manager. The Manager agrees to immediately terminate the agreement with the subcontractor  upon  notice from the District. Further, absent such notification from the District, the Manager  or any subcontractor who has a good faith belief that a person  or entity with which  it is contracting has knowingly violated Section 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Manager represents that no public employer has terminated a contract with the Manager under  Section  448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

NOTICES

All notices required in this Agreement shall be sent by certified mail, return receipt requested, or express mail with proof of receipt. If sent to the District, notice  shall be to:

Storey Drive Community Development District 219 E. Livingston Street
Orlando, Florida 32801
Attn: Chairman With a copy to:
Latham, Luna, Eden & Beaudine, LLP
201 S. Orange Avenue, Suite 1400
Orlando, Florida 32801 Attn: Jan A. Carpenter

If notice is sent to Manager, it shall be sent to:

Governmental Management Services - Central Florida, LLC 219 E. Livingston Street
Orlando, Florida 32801 Attn: George S. Flint

This Contract shall represent the entire agreement between the Manager  and  the  District. Both Manager and District understand and agree with  the  terms  and  conditions as set forth herein.

Approved by:
Board of Supervisors Storey Drive Community Development District

Secretary/ Assistant Secretary

By :

_

Chairman

Governmental Management Services
- Central Florida, LLC

Witness	George S. Flint, Vice-President

EXHIBIT A
DISTRICT MANAGEMENT FEE SCHEDULE May2020

Management, Administrative, and Accounting Services

Annual Fee paid in equal monthly payments (plus reimbursables)

$ 35,000

Annual Assessment Administration	$ 5,000 (Beginning with the first assessment to individual
unit owners, direct assessment or utilizing tax collector)

Other Services*
Maintenance Contract Administration
Pre-paid Assessment Collection Fee
Bond Issuance Cost
Annual Dissemination Agent Fee
SERC Preparation & Assistance w/ Petition
Assessment Methodology Preparation

Negotiated
$	75 (per lot/ unit)
$  15,000 (per bond issue)
$	3,500 (per bond issue)
$	2,500
$ 15,000

*Costs for other services shall be by separate agreement or work authorization and may be adjusted based upon the scope of services provided.

SECTION B

LATHAM, LUNA,
EDEN& BEAUDINE, LLP

•

---	Celebrating 25 Years --­
ATTORNEYS	AT LAW

MICHAEL J. BEAUDINE MICHAEL G.  CANDJOITI JAN ALBANESE CARPENTER DANIEL H. COULTOFF
JENNIFER S. EDEN
DOROTHY F. GREEN JOSHUA L.HAWES
BRUCE D. KNAPP PETERG. LATHAM

111 NORTH MAGNOLIA AVENUE, SUITE 1400
ORLANDO, FLORIDA 32801 POST OFFICE BOX 3353 ORLANDO, FLORIDA 32802
TELEPHONE: (407) 481-5800
FACSIMILE: (407) 481-5801
WWW.LATHAMLUNA.COM

May 6, 2021

MARC L. LEVINE JUSTIN M.  LUNA
LORI T. MILVAIN BENJAMIN R. TAYLOR CHRISTINA Y. TAYLOR
KRISTEN E. TRUCCO DANIEL A. VELASQUEZ FRANK M. WOLFF

DIRECT DIAL: (407) 481-5872 EMAIL JCARPENTER@LATHAMLUNA.COM

Board of Supervisors
Storey Drive Community Development District c/o George Flint, District Manager
Governmental Management Services - Central Florida, LLC 219 E. Livingston Street
Orlando, Florida 32801 gflint@gmscfl.com

Re:	Engagement of Latham, Luna, Eden & Beaudine, LLP to Provide Legal Services to Storey Drive Community Development District

Dear Board of Supervisors:

This letter sets forth the terms and conditions under which Latham, Luna, Eden & Beaudine, LLP (the "Firm") offers to serve as District Counsel to the Storey Drive Community Development District (the "District"). We thank you for the opportunity to provide you with services and look forward to working with you and the other supervisors on the board of the District. Unless otherwise specifically indicated in this letter, for purposes of the engagement described herein, no person or entity other than the District shall be a client of the Firm for any purpose.

The scope of the services which the Firm will provide, the basis upon which it will charge fees therefor, and the other terms of this engagement are as follows:

Scope of Legal Services as District Counsel. The Firm will provide the District with services to include (but not be limited to) the following:

Advise the District regarding general matters which come before the
District.

LATHAM, LUNA, EDEN & BEAUDINE. LLP
Board of Supervisors
Storey Drive Community Development District May 6, 2021
Page2

Review of financing and re-financing transactions proposed for the District.

Review of financing and disclosure documents prepared in connection with bonds to be issued or re-structured by the District, as well as preparation of any issuer documents and due diligence review.

Provide required legal opm1ons in connection with the issuance or re- structuring of bonds by the District; covering the organization and existence of the District; its authority to issue bonds and to enter into other related transactions; the authorization and execution of certain documents to be delivered by the District in connection with the issuance or restructuring of bonds; the enforceability of the agreements entered into by the District; to our actual knowledge, the absence or existence of any litigation affecting the District; and to our knowledge, the accuracy of information concerning the District contained in offering documents prepared in connection with the sale of bonds of the District.

Attend District board meetings; supply such staff support for the District as may be requested; advise the District on matters such as public records, sunshine law matters and public ethics matters; assist in the annual audit of the District, as requested; and otherwise assist and advise the District and its staff, as appropriate, in matters properly before or relating to the District.

In addition to the above, the Firm will be available to consult with the District's board of supervisors, the District Manager, the District Engineer, and with representatives of the City of Orlando, Orange County, with regard to questions that may arise with regard to any District business, financing or outstanding or re-issued debt. Work performed hereunder shall be generally by direction of the chairman of the board of supervisors of the District or by the District Manager. Unless the Firm is directed otherwise with respect to a particular matter, all communications pertaining to the progress of any work performed hereunder shall be addressed to the chairman of the District or the District Manager, with copies to the other members if necessary or desirable. Flat fee billing arrangements may be negotiated for bond issues and refinancing/restructuring transactions.

Billing Practices and Fees. Our fees will be based upon the ethical rules governing our practice. The amount of each fee will be the fair value of the services provided, taking into account the time spent, the nature of the services performed, the expertise required, the size and scope of the matter, the results obtained, the emergency nature of any request for services by the District, and other relevant considerations. For most services rendered by the Firm, a primary determinant offees will be the internally established hourly rates for each of the Firm's attorneys and paralegals. These hourly rates may be adjusted annually (no more than 5% per year) as

LATHAM. L UNA, EDEN & B EAUDINE, LLP 
Board of Supervisors
Storey Drive Community Development District May 6, 2021
Page 3

determined by the Firm without notice to District. Currently, the Firm's hourly rates range from
$90 per hour for our most junior paralegals to $595 per hour for our most experienced, specialized partners. I, along with a junior associate, will be the attorneys primarily responsible for providing the services to the Petitioner, although we will avoid performing duplicative services. My current rate for this governmental work is $385 per hour. I will be assisted by an associate, Kristen E. Trucco, whose current rate is $275 per hour. The public finance paralegals in our department have a current rate of $115 per hour. Others within the Firm may assist us in the future at their normal hourly rates, if expertise in litigation, real estate, etc., or other legal areas is required. All fees for the District's bond validation proceedings will be billed hourly and shall be due from the District, regardless of a closing of any bond issue. Fees for bond financing and related work that is expected to be reimbursable by the proceeds of the financing, shall not be billed at customary rates at the time such financing is closed.

Costs and Expenses. In providing services to the District, the Firm will necessarily incur out of pocket expenses. The District will be required to reimburse the Firm for these expenses which may include, among others, communication costs (i.e., courier, long distance telephone charges, facsimile charges, etc.), document reproduction charges, filing fees, secretarial overtime when required by the matter's timing, and charges incurred in connection with computer research facilities. Internal Firm costs are invoiced at rates established by the Firm from time to time. A list of the current internal Firm cost rates is available upon request. It is Firm policy that any invoice from a third-party vendor incurred on behalf of the District will be forwarded to you for direct payment by the District to the vendor.

The Firm and the District expects this engagement to remain in effect for a period of time beginning at the date of the District's execution of this letter. The Firm will serve under this engagement letter at the pleasure of the District and/or the Firm, and the engagement may be terminated by the District or by the Firm at any time. The Firm shall be paid for all work performed through the date of termination and shall be paid for work on any and all bond issues (and/or re­ structuring of bond issues) upon which it has rendered services (whether or not such issue or re­ structuring has closed).

Payment of Invoices. Unless otherwise agreed in writing with the District, the Firm renders monthly invoices specifying the services performed and expenses incurred. The amount reflected as due in each invoice is payable within thirty (30) days following receipt by the District. The Firm attempts to include disbursements in each invoice for the month following which such disbursements are incurred. However, given the nature of disbursements, some may not be immediately available, in which case they will be included within a subsequent invoice. The Firm also reserves the right to charge interest on past due invoice balances at an amount not to exceed one and one-half percent (1.5%) per month. Any questions concerning an invoice rendered by the

L ATHAM, L UNA, EDEN & B EAUDINE, LLP
Board of Supervisors
Storey Drive Community Development District May 6, 2021
Page4

Firm should be referred to me as the account billing attorney or to the Managing Partner of the Firm.

Adverse Representation. As you may know, the Firm has represented, currently represents, and will in the future represent, numerous other districts and state and local governments, as well as other private and governmental clients in real estate, bankruptcy, litigation, public finance matters and the like. Such other matters are unrelated to the representation described in this engagement letter. The Firm does not believe that its representation of such other districts would interfere with its current representation of the District as specified herein. However, because of the large number of such other clients, it is important to have a clear understanding which will govern our relationship. Our representation is based on the understanding that the Firm may undertake representation in the future of other clients in matters, including litigation, which may be adverse to the District or its primary developer, and that the District hereby consents to such representation.

Subject to Sunshine Law constraints, the Firm is subject to ethical rules which prohibit the disclosure of confidential information obtained in representing the District which could be used to the District's disadvantage in any such other representation, and the Firm will not take a position adverse to the District in any litigation or dispute arising directly out of any specific representation of the District. The Firm will advise the District, and withdraw from representation of the District, if representation of the District could adversely affect the judgment or quality of services to be rendered by the Firm in its representation of the District and/or result in a material, actual or perceived conflict of interest and/or if such representation has violated, violates, will violate or threatens to violate traditional ethical standards imposed by the Rules Regulating the Florida Bar, especially Rule 4-1.7, or violates any provisions of the Florida Statutes.

Scope of Services. You have retained the Firm to provide general legal representation in connection with the ongoing matters of the District. The District has not retained the Firm to provide legal representation or advice in any other area oflaw unrelated to the specific representation which the Firm hereby undertakes (for example, we are not providing litigation, bankruptcy or bond counsel services at this time). In the event a need arises in any other area, the Firm would be happy to discuss with you expanding the scope of its services consistent with the terms of this letter or recommending that special counsel be retained to advise the District on such matters.

We apologize for the formality of this letter. However, we believe it is essential for the protection of both the District and the Firm to clearly specify the terms of our ongoing relationship. In light of the fact that we are requesting the District to signify its concurrence with the terms of this letter by signing below, the District is certainly welcome and is encouraged to have the terms of this letter reviewed by separate counsel.

L ATHAM. L UNA, EDEN & B EAUDINE, LLP
Board of Supervisors
Storey Drive Community Development District May 6, 2021
Page 5

If the terms of this letter are acceptable to you, please sign this letter below and return this letter to my attention via email or facsimile.

We at the Firm look forward to serving as legal counsel for the Storey Drive Community Development Direct.

Very truly yours,

Jan Albanese Carpenter, Esquire For the Finn

ACCEPTED AND AGREED TO:
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

By:_ _ _

_ _ _ _ _

_ _ _ _

_ _ _ _

Print Name: _ _

_ _ _

_ _ _ _

_ _ _

_ _ _ _

Title: - - - - - - - - - - - - - - - - - - -

Dated:_

_ _ _

_ _ _ _

_ _ _ _ _ _

_ _ _ _

S ECTION C

RESOLUTION 2021-03

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND DESIGNATING A REGISTERED AGENT AND REGISTERED AGENT'S OFFICE FOR THE PURPOSE OF ACCEPTING SERVICE OF PROCESS, NOTICE OR DEMAND ON BEHALF OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT.

WHEREAS, The Storey Drive Community Development District (hereinafter the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Orange County, Florida; and

WHEREAS, the District is statutorily required to designate a registered agent and a registered office location for the purposes of records keeping and accepting any process, notice or demand required or permitting by law to be served upon the District in accordance with section 189.416(1), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

Section 1.	Jan A. Carpenter of Latham, Luna, Eden & Beaudine, LLP is hereby designated as registered agent for the Storey Drive Community Development District.

Section 2.	The District's Registered Office shall be 201 S. Orange Avenue, Suite 1400, Orlando, FL 32801 and whose telephone number is 407-481-5800.

Section 3. In accordance with section 189.416,  Florida  Statutes,  the  District's Secretary is hereby directed to file certified copies of this Resolution to City of Orlando, Orange County and to the Florida Department of Economic Opportunity.

Section 4,	This Resolution shall become effective on May 6, 2021.

PASSED AND ADOPTED THIS 6th DAY OF MAY, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	ChairmanNice Chairman

S ECTION D

.

.

· =-	·-- '---"--"	--··--- -

REQUEST FOR QUALIFICATIONS FOR ENGINEERING SERVICES FOR THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

RFQfor Engineering Services

The Storey Drive Community Development District ("District"), located in the City of Orlando, Orange County, Florida announces that professional engineering services will be required on a continuing basis for the District's capital improvements which may include work related to stormwater management system, stormwater retention ponds, stormwater collection infrastructure, lift stations, public roadways and other public improvements authorized by Chapter 190, Florida Statutes. The engineering finn selected will act in the general capacity of District Engineer and provide District engineering services, as required.

Any firm or individual ("Applicant") desiring to provide professional services to the District must:
hold applicable federal, state and local licenses; 2) be authorized to do business in Florida in accordance with Florida law; and 3) furnish a statement ("Qualification Statement") of its qualifications and past experience on U.S. General Service Administration's"Architect-Engineer Qualifications, Standard Fonn No. 330," with pertinent supporting data. Among other things, Applicants must submit information relating to:
the ability and adequacy of the Applicant's professional personnel; b) whether the Applicant is a certified minority business enterprise; c) the Applicant's willingness to meet time and budget requirements; d) the Applicant's past experience and perfonnance, including but not limited to past experience as a District Engineer for any community development districts and past experience with Orange County; e) the geographic location of the Applicant's headquarters and offices; f) the current and projected workloads of the Applicant; and g) the volume of work previously awarded to the Applicant by the District. Further, each Applicant must identify the specific individual affiliated with the Applicant who would be handling District meetings, construction services, and other engineering tasks.

The District will review all Applicants and will comply with Florida law, including the Consultant's Competitive Negotiations Act, Chapter 287, Florida Statutes  ("CCNA").  All  applicants  interested  must submit one (1) original and one (1) electronic version of Standard Fonn No. 330 and Qualification Statement by 12:00 PM on  	,2021 to the attention  of Mr. George S. Flint, c/o Governmental Management Services-Central Florida, LLC, 219 E. Livingston Street, Orlando, Florida 32801 ("District Manager's Office").

The Board shall select and rank the Applicants using the requirements set forth in the CCNA and the evaluation criteria on file with the District Manager, and the highest ranked Applicant will be requested to enter into contract negotiations. If an agreement cannot be reached between the District and the highest ranked Applicant, negotiations will cease and begin with the next highest ranked Applicant, and if these negotiations are unsuccessful, will continue to the third highest ranked Applicant.

The District reserves the right to reject any and all Qualification Statements. Additionally, there is no express or implied obligation for the District to reimburse Applicants for any expenses associated with the preparation and submittal of the Qualification Statements in response to this request.

Any protest regarding the terms of this Notice, or the evaluation criteria on file with the District Manager, must be filed in writing, within seventy-two (72) hours (excluding weekends) after the publication ofthis Notice. The fonnal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a fonnal written protest shall constitute a waiver of any right to object or protest with respect to aforesaid Notice or evaluation criteria provisions. Any person who files a notice of protest shall provide to the District, simultaneous with the filing of the notice, a protest bond with a responsible surety to be approved by the District and in the amount of Ten Thousand Dollars ($10,000.00). Additional infonnation and requirements regarding protests are set forth in the District's Rules of Procedure, which are available from the District Manager.

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT
DISTRICT ENGINEER PROPOSALS COMPETITIVE SELECTION CRITERIA
Ability and Adequacy of Professional Personnel	(Weight: 25 Points)

Consider the capabilities and experience of key personnel within the firm including certification, training, and education; affiliations and memberships with professional organizations; etc.

Consultant's Past Performance	(Weight: 25 Points)

Past performance for other Community Development Districts in other contracts; amount of experience on similar projects; character, integrity, reputation, of respondent; etc.

Geographic Location	(Weight: 20 Points)

Consider the geographic location of the firm's headquarters, offices and personnel in relation to the project.

Willingness to Meet Time and Budget Requirements	(Weight: 15 Points)

Consider the consultant's ability and desire to meet time and budget requirements including rates, staffing levels and past performance on previous projects; etc.

Certified Minority Business Enterprise	(Weight: 5 Points)

Consider whether the firm is a Certified Minority Business Enterprise. Award either all eligible points or none.

Recent, Current and Projected Workloads

Consider the recent, current and projected workloads of the firm.

Volume of Work Previously Awarded to Consultant by District

(Weight: 5 Points)

(Weight: 5 Points)

Consider the desire to diversify the firms that receive work from the District; etc.

S ECTION C

SECTION 1

RESOLUTION 2021-04

RESOLUTION TO DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING UNIFORM RULES OF PROCEDURE FOR THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

WHEREAS, the Storey Drive Community Development District (hereinafter the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Orange County, Florida; and

WHEREAS, the Board of Supervisors (hereinafter the "Board") is authorized by Section 190.011(5), Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes; and

WHEREAS, the Board has reviewed the attached draft Rules of Procedure and desires hold the necessary public hearing regarding the adoption of the Rules of Procedure.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

A public hearing will be held for the adoption of Uniform Rules of Procedure on:
Date:		 Hour:		 Place:	 	

The District Secretary is directed to publish a notice of rule development and a notice of rule making in accordance with Section 120.54, Florida Statutes.

PASSED AND ADOPTED THIS 6th DAY OF MAY, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

Secretary/ Assistant Secretary	Chairman/Vice Chairman

RULES OF PROCEDURE
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT EFFECTIVE AS OF  	,2021

TABLE OF CONTENTS
Rule 1.0	General	2

Rule 1.1

Rule 1.2

Rule 1.3

Rule 1.4

Board of Supervisors; Officers and Voting	3
District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination	7
Public Meetings, Hearings, and Workshops	10
Internal Controls to Prevent Fraud, Waste and Abuse	15

Rule 2.0	Rulemaking Proceedings	16
Rule 3.0	Competitive Purchase	22

Rule 3.1

Rule 3.2

Rule 3.3

Rule 3.4

Rule 3.5

Rule 3.6

Rule 3.7

Rule 3.8

Rule 3.9

Rule 3.10

Rule 3.11

Procedure Under the Consultants' Competitive Negotiations Act.	27
Procedure Regarding Auditor Selection	31
Purchase of Insurance	35
Pre-qualification	37
Construction Contracts, Not Design-Build	42
Construction Contracts, Design-Build	46
Payment and Performance Bonds	51
Goods, Supplies, and Materials	52
Maintenance Services	56
Contractual Services	59
Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9	60

Rule 4.0	Effective Date	63

Rule  1.0	General.

The Storey Drive Community Development District (the "District") was created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was established to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the "Rules") is to describe the general operations of the District.

Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary.

Unless specifically permitted by a written agreement with the District, the District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

A Rule of the District shall be effective upon adoption by affirmative vote of the District Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified in these Rules. Notwithstanding, the District may immediately suspend the application of a Rule if the District determines that the Rule conflicts with Florida law. In the event that a Rule conflicts with Florida law and its application has not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

Rule 1.1

(1)

(2)

Board of Supervisors; Officers and Voting.

Board of Supervisors. The Board of Supervisors of the District (the "Board") shall consist of five (5) members. Members of the Board ("Supervisors") appointed by ordinance or rule or elected by landowners must be citizens of the United States of America and residents of the State of Florida. Supervisors elected or appointed by the Board to elector seats must be citizens of the United States of America, residents of the State of Florida and of the District and registered to vote with the Supervisor of Elections of the county in which the District is located and for those elected, shall also be qualified to run by the Supervisor of Elections. The Board shall exercise the powers granted to the District under Florida law.

Supervisors shall hold office for the term specified by Section 190.006 of the Florida Statutes. If, during the term of office, any Board member(s) vacates their office, the remaining member(s) of the Board shall fill the vacancies by appointment for the remainder of the term(s). If three or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Board members.

Three (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other purposes. A Board member shall be counted toward the quorum if physically present at the meeting, regardless of whether such Board member is prohibited from, or abstains from, participating in discussion or voting on a particular item.

Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in the Rules or required by law. Subject to Rule 1.3(10), a Board member participating in the Board meeting by teleconference or videoconference shall be entitled to vote and take all other action as though physically present.

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (1)(c) of this Rule.

Officers. At the first Board meeting held after each election where the newly elected members take office, the Board shall select a Chairperson, Vice­ Chairperson, Secretary, Assistant Secretary, and Treasurer.

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District's behalf. The Chairperson shall convene and conduct all meetings of the Board. In the event the Chairperson is unable

to attend a meeting, the Vice-Chairperson shall convene and conduct the meeting. The Chairperson or Vice-Chairperson may delegate the responsibility of conducting the meeting to the District's  manager ("District Manager") or District Counsel, in whole or in part.

The Vice-Chairperson shall be a member of the Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice-Chairperson has the authority to  execute resolutions and contracts on the District's behalf in the absence of the Chairperson. If the Vice-Chairperson resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairperson. The Vice-Chairperson serves at the pleasure of the Board.

The Secretary of the Board serves at the pleasure of the Board and need  not be a member of the Board. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. An employee of the District Manager may serve as Secretary. The Secretary shall be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

The Treasurer need not be a member of the Board but must be a resident  of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3) of the Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasurer shall either be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000,) or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, resolutions, and other documents approved by the Board at such meeting. In the event that the Chairperson and Vice-Chairperson are both unavailable to execute a document previously approved by the Board, the Secretary or any  Assistant Secretary may execute such document.

The Board may assign additional duties to District officers from time to time, which include, but are not limited to, executing documents on behalf of the District.

The Chairperson, Vice-Chairperson, and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board.

Committees. The Board may establish committees of the Board, either on a permanent or temporary basis, to perform specifically designated functions. Committees may include individuals who are not members of the Board. Such functions may include, but are not limited to, review of bids, proposals, and qualifications, contract negotiations, personnel matters, and budget preparation.

Record Book. The Board shall keep a permanent record book entitled "Record of Proceedings," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, and corporate acts. The Records of Proceedings shall be located at a District office and shall be available for inspection by the public.

Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation in the county in which the District is located and filed with the local general-purpose governments within whose boundaries the District is located. All meetings of the Board and Committees serving an advisory function shall be open to the public in accord with the provisions of Chapter 286 of the Florida Statutes.

Voting Conflict of Interest. The Board shall comply with Section 112.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida Constitution and Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member's special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

When a Board member knows the member has a conflict of interest on a matter coming before the Board, the member should notify the Board's Secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes.

If the Board member was elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner's election, the Board member may vote or abstain from voting on the matter at issue. If the Board member was elected by electors residing within the District, the Board member is prohibited from voting on the matter at issue.  In the event that the Board member intends to abstain or is prohibited from voting, such Board member shall not participate in the discussion on the item subject to the vote.

The Board's Secretary shall prepare a Memorandum of Voting Conflict (Form 8B) which shall then be signed by the Board member, filed with the Board's Secretary, and provided for attachment to the minutes of the meeting within fifteen (15) days of the meeting.

If a Board member inadvertently votes on a matter and later learns he or she has a conflict on the matter, the member shall immediately notify the Board's Secretary. Within fifteen (15) days of the notification, the member shall file the appropriate Memorandum of Voting Conflict, which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The Memorandum of Voting Conflict shall immediately be provided to other Board members and shall be read publicly at the next meeting held subsequent to the filing of the Memorandum of Voting Conflict. The Board member' s vote is unaffected by this filing.

It is not a conflict of interest for a Board member, the District Manager, or an employee of the District to be a stockholder, officer or employee of a landowner or of an entity affiliated with a landowner.

In the event that a Board member elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner's  election, has a continuing conflict of interest, such Board member is permitted to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the continuing conflict. Only one such continuing Memorandum of Voting Conflict shall be required to be filed  for each term the Board member is in office.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 112.3143, 190.006, 190.007, Fla. Stat.

Rule 1.2

(1)

District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.

District Offices. Unless otherwise designated by the Board, the official District office shall be the District Manager's office identified by the District Manager. If the District Manager's office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain, but not be limited to, the following documents:

Agenda packages for prior 24 months and next meeting;

Official minutes of meetings, including adopted resolutions of the Board;

Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;

Adopted engineer's reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

Proceedings, certificates, bonds given by all employees, and any and all corporate acts;

District policies and rules;
G)	Fiscal year end audits; and
(k)	Adopted budget for the current fiscal year.

The District Manager shall ensure that each District records office contains the documents required by Florida law.

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business of the District. All District public records not otherwise restricted by law may be copied or inspected at the District Manager's office during regular business hours. Certain District records can also be inspected and copied at the District's local records office during regular business hours. All written public records requests shall be directed to the Secretary who by these rules is appointed

as the District's records custodian. Regardless of the form of the request, any Board member or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response.· The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.

Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all contract provisions related to a contractor's duty to comply with public records laws.

Fees: Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches. For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of the individual(s) who is/are qualified to perform the labor, taking into account the nature or volume of the public records to be inspected or copied. The charge may include the labor costs of supervisory and/or clerical staff whose assistance is required to complete the records request, in accordance with Florida law. For purposes of this Rule, the word "extensive" shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in this section shall apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. Should the person fail to pay the estimate, the District is under no duty to produce

the requested records. After the request has been fulfilled, additional payments or credits may be due. The District is under no duty to produce records in response  to future records requests if the person making the request owes the District for past unpaid duplication charges, special service charges, or other required payments or credits.

Records Retention. The Secretary of the District shall be responsible for retaining the District's records in accordance with applicable Florida law.

Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.

Financial Disclosure Coordination. Unless specifically designated by Board resolution otherwise, the Secretary shall serve as the Financial Disclosure Coordinator ("Coordinator") for the District as required by the Florida Commission on Ethics ("Commission"). The Coordinator shall create, maintain and update a list of the names, e-mail addresses, physical addresses, and names of the agency of, and the office or position held by, all Supervisors and other persons required by Florida law to file a statement of financial interest due to his or her affiliation with the District ("Reporting Individual"). The Coordinator shall provide this list to the Commission by February 1 of each year, which list shall be current as of December 31 of the prior year. Each Supervisor and Reporting Individual shall promptly notify the Coordinator in writing if there are any changes to such person's name, e-mail address, or physical address. Each Supervisor and Reporting Individual shall promptly notify the Commission in the manner prescribed by the Commission if there are any changes to such person's e­ mail address.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 112.31446(3), 112.3145(8)(a)l., 119.07, 119.0701, 190.006, Fla. Stat.

Rule 1.3

(1)

Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. "General circulation" means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. The annual meeting notice required to be published by Section
189.015 of the Florida Statutes, shall be published in a newspaper not of limited subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a week. Each Notice  shall state, as applicable:

The date, time and place of the meeting, hearing or workshop;

A brief description of the nature, subjects, and purposes of the meeting, hearing, or workshop;

The District office address for the submission of requests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and

The following or substantially similar language: "Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (904) 940-5850. If you are hearing or speech impaired, please contact  the Florida Relay Service at 1 (800) 955-8770 or 1 (800) 955-8771, who can aid you in contacting the District Office."

The following or substantially similar language: "A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based."

The following or substantially similar language: "The meeting [or hearing or workshop] may be continued in progress without additional notice to a time, date, and location stated on the record."

Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board at its next properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare an agenda of the meeting/hearing/workshop. The agenda and any meeting materials available in an electronic format, excluding any confidential and any confidential and exempt information, shall be available to the public at least seven days before the meeting/hearing/workshop, except in an emergency. Meeting materials shall be defined as, and limited to, the agenda, meeting minutes, resolutions, and agreements of the District that District staff deems necessary for Board approval. Inclusion of additional materials for Board consideration other than those defined herein as "meeting materials" shall not convert such materials into "meeting materials." For good cause, the agenda may be changed after it is first made available for distribution, and additional materials may be added or  provided under separate cover at the meeting. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.

The District may, but is not required to, use the following format in preparing its agenda for its regular meetings:

Call to order Roll call
Public comment Organizational matters Review of minutes
Specific items of old business Specific items of new business Staff reports
District Counsel·
District Engineer
District Manager
Financial Report
Approval of Expenditures Supervisor's requests and comments Public comment
Adjournment

Minutes. The Secretary shall be responsible for preparing and keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. The Secretary may work with other staff members in preparing draft minutes for the Board's consideration.

Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre-pay the cost of the copying and postage.

Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable, upon consultation with the District Manager and District Counsel, if available, may convene an emergency meeting of the Board without first having complied with sections (1) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District's website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary, and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The portion of the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.

Bud2:et Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
190.008 of the Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.

Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and

published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.

Participation by TeleconferenceNideoconference. District  staff  may  participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.

Board Authorization. The District has not adopted Robert's Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting. Unless such procedure is waived by the Board, approval or disapproval of resolutions and other proposed Board actions shall be in the form of a motion by one Board member, a second by another Board member, and an affirmative vote by the majority of the Board members present. Any Board member, including the Chairperson, can make or second a motion.

Continuances. Any meeting or public hearing of the Board may be continued without re-notice or re-advertising provided that:

The Board identifies on the record at the original meeting a reasonable need for a continuance;

The continuance is to a specified date, time, and location publicly announced at the original meeting; and

The public notice for the original meeting states that the meeting may be continued to a date and time and states that the date, time, and location of any continuance shall be publicly announced at the original meeting and posted at the District Office immediately following the original meeting.

( Attorney-Client Sessions. An Attorney-Client Session is permitted when the District's attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District's attorney must request such session at a public meeting. Prior to holding the Attorney-Client Session, the District must give reasonable public notice of the time and date of the session and the names of the persons anticipated to attend the session. The session must commence at an open meeting in which the Chairperson or Vice-Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session. The discussion during the session is confined to settlement negotiations or strategy related to

litigation expenses or as may be authorized by law. Only the Board, the District's attorneys (including outside counsel), the District Manager, and the court reporter may attend an Attorney-Client Session. During the session, no votes may be taken and no final decisions concerning settlement can be made. Upon the conclusion of the session, the public meeting is reopened, and the Chairperson or Vice-Chairperson must announce that the session has concluded. The session must be transcribed by a court-reporter and the transcript of the session filed with the District Secretary within a reasonable time after the session. The transcript shall not be available for public inspection until after the conclusion of the litigation.

Security and Firesafety Board Discussions. Portions of a meeting which relate to or would reveal a security or firesafety system plan or portion thereof made confidential and exempt by section 119.071(3)(a), Florida Statutes, are exempt from the public meeting requirements and other requirements of section 286.011, Florida Statutes, and section 24(b), Article 1 of the State Constitution. Should the Board wish to discuss such matters, members of the public shall be required to leave the meeting room during such discussion. Any records of the Board's discussion of such matters, including recordings or minutes, shall be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.069(2)(a)16, 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0113, 286.0114, Fla. Stat.

Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse

ill Internal Controls. The  District  shall  establish  and  maintain  internal controls designed to:

Prevent and detect "fraud," "waste" and "abuse" as those terms are defined in section 11.45(1), Florida Statutes; and
Promote and encourage compliance with applicable laws, rules contracts, grant agreements, and best practices; and
Support economical and efficient operations; and
Ensure reliability of financial records and reports; and
Safeguard assets.
ill Adoption. The internal controls to prevent fraud, waste and abuse shall be adopted and amended by the District in the same manner as District policies.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 218.33(3), Fla. Stat.

Rule 2.0

(1)

(2)

Rulemaking Proceedings.

Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A "rule" is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the District ("Rule"). Nothing herein shall be construed as requiring the District to consider or adopt rules unless required by Chapter 190 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice of Rule Development.

Except when the intended action is the repeal of a Rule, the District shall provide notice of the development of a proposed rule by publication of a Notice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section
of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subject area to be addressed by rule development, provide a short, plain  explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

All rules  as drafted  shall  be consistent  with  Sections  120.54(1)(g)  and  l 20.54(2)(b) of the Florida Statutes.

Notice of Proceedings and Proposed Rules.

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.541(2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within twenty­ one (21) days after publication of the notice. The notice shall additionally include a statement that any affected person may request a public hearing

by submitting a written request within twenty-one (21) days after the date of publication of the notice. Except when intended action is the repeal of  a rule, the notice shall include a reference to both the date on which and the place where the Notice of Rule Development required by section (2) of this Rule appeared.

The notice shall be published in a newspaper of general circulation in the District and each county in which the District is located not less than twenty-eight (28) days prior to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication of notice.

The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its rulemaking proceedings. Any person may file a written request with the District Manager to receive notice by mail of District proceedings to adopt, amend, or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing.

Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the Chairperson must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so.

Petitions to Initiate Rulemaking;. All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District or has a substantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to consider whether the public interest is served adequately by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rule. However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

Rulemaking Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:

The text of the proposed rule, or any amendment or repeal of any existing rules;

A detailed written statement of the facts and circumstances justifying the proposed rule;

A copy of the statement of estimated regulatory costs if required by Section 120.541 of the Florida Statutes; and

The published notice.

Hearing. The District may, or, upon the written request of any affected person received within twenty-one (21) days after the date of publication of the notice described in section (3) of this Rule, shall, provide a public hearing for the presentation of evidence, argument, and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings. The District shall publish notice of the public hearing in a newspaper of general circulation within the District either in the text of the notice described in se.ction (3) of this Rule or in a separate publication at least seven (7) days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can provide information about the public hearing. Written statements may be submitted by any person prior to or at the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record.

Emergency Rule Adoption. The Board may adopt an emergency rule if it finds that immediate danger to the public health, safety, or welfare exists  which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the District.  The District may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.

Negotiated Rulemaking,. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120.54(2)(d) of the Florida Statutes, except that any notices required under Section 120.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the county in which the District is located.

Rulemakim.!. Record. In all rulemaking proceedings, the District shall compile and maintain a rulemaking record. The record shall include, if applicable:

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

A written summary of hearings, if any, on the proposed rule;

All written comments received by the District and responses to those written comments; and

All notices and findings pertaining to an emergency rule.

Petitions to Challenge Existing Rules.

Any person substantially affected by a rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of the District's authority.

The petition seeking an administrative determination must state with particularity the provisions alleged to be invalid with sufficient explanation of the facts or grounds for the alleged invalidity and facts sufficient to show that the person challenging a rule is substantially affected by it.

The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agreement of the parties. The failure of the District to follow the applicable rulemaking procedures or requirements in this Rule shall be presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner and the fairness of the proceedings have not been impaired.

Within 30 days after the hearing, the hearing officer shall render a decision and state the reasons therefor in writing.

Hearings held under this section shall be de novo in nature. The petitioner has a burden of proving by a preponderance of the evidence that the existing rule is an invalid exercise of District authority as to the objections raised. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The petitioner and the District shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Variances and Waivers. A "variance" means a decision by the District to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. A "waiver" means a decision by the District not to apply all or part of a rule to a person who is subject to the rule. Variances and waivers from District rules may be granted subject to the following:

Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person, and when application of the rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

A person who is subject to regulation by a District Rule may file a petition with the District, requesting a variance or waiver from the District's Rule. Each petition shall specify:

The rule from which a variance or waiver is requested;

The type of action requested;

The specific facts that would justify a waiver or variance for the petitioner; and
The reason why the variance or the waiver requested would serve the purposes of the underlying statute.

The District shall review the petition and may request only that information needed to clarify the petition or to answer new questions

raised by or directly related to the petition. If the petitioner asserts that any request for additional information is not authorized by law or by Rule of the District, the District shall proceed, at the petitioner's written request, to process the petition.

The Board shall grant or deny a petition for variance or waiver and shall announce such disposition at a publicly held meeting of the Board, within ninety (90) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. The District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

Rates. Fees. Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings. Policies adopted by the District which do not consist of rates, fees, rentals or other charges may be, but are not required to be, implemented through rulemaking proceedings.

Specific Authority: §§ 190.011(5), 190.011(15), 190.035, Fla. Stat. Law Implemented: §§ 190.011(5), 190.035(2), Fla. Stat.

Rule3.0

(1)

Competitive Purchase.

Purpose and Scope. In order to comply with Sections 190.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply to the purchase of Professional Services, insurance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.

Board Authorization. Except in cases of an Emergency Purchase, a competitive purchase governed by these Rules shall only be undertaken after authorization by the Board.

Definitions.

"Competitive Solicitation" means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

"Continuing Contract" means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed two million dollars ($2,000,000), for a study activity when the fee for such Professional Services to the District does not exceed two  hundred thousand dollars ($200,000), or for work of a specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

"Contractual Service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes, and these  Rules.  Contractual Services also do not include any contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of any facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.

"Design-Build Contract" means a single contract with a  Design-Build Firm for the design and construction of a public construction project.

"Design-Build Firm" means a partnership, corporation or other legal entity that:

Is certified under Section 489.119 of the Florida Statutes,  to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

Is certified under Section 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section
481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 of the Florida Statutes, to practice or to offer to practice landscape architecture.

"Design Criteria Package" means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit Design-Build Firms to prepare a bid or a response to the District's Request for Proposals, or to permit the District to enter into a negotiated Design­ Build Contract. The Design Criteria Package must specify performance­ based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and  past work of the firms, including the partners and members thereof.

"Design Criteria Professional" means a firm who holds a current  certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a finn who holds a current certificate as a registered engineer under Chapter 471 of the  Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect  services, landscape architect services, or engineering services in connection  with the preparation of the Design Criteria Package.

"Emergency Purchase" means a purchase necessitated by a sudden unexpected tum of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds

that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

	"Invitation to Bid" is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and defining the commodity or service involved. It includes printed instructions prescribing conditions for bidding, qualification, evaluation criteria, and provides for a manual signature of an authorized representative. It may include one or more bid alternates.

"Invitation to Negotiate" means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or services.

	"Negotiate" means to conduct legitimate, arm's length discussions and conferences to reach an agreement on a term or price.

(1) "Professional Services" means those services within  the  scope  of  the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of Florida, or those services performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice.

"Proposal (or Reply or Response) Most Advantageous to the District" means, as determined in the sole discretion of the Board, the proposal, reply, or response that is:

Submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;

The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and

For a cost to the District deemed by the Board to be reasonable.

"Purchase" means acquisition by sale, rent, lease, lease/purchase, or installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State of Florida.

"Request for Proposals" or "RFP" is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, qualifications, proposal instructions, work detail analysis, and evaluation criteria as necessary.

"Responsive and Responsible Bidder" means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. "Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response that conforms in all material respects to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In determining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:

The ability and adequacy of the professional personnel employed by the entity/individual;

The past performance of the entity/individual for the District and in other professional employment;

The willingness of the entity/individual to meet time and budget requirements;

The geographic location of the entity's/individual's headquarters  or office in relation to the project;

The	recent,	current,	and	projected	workloads	of	the entity/individual;

The volume of work previously awarded to the entity/individual;

Whether	the cost components of the bid or proposal are appropriately balanced; and

Whether the entity/individual 1s a certified minority business enterprise.

"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these Rules, and the cost components of which, if any, are appropriately balanced. A bid, proposal, reply or response is not responsive if the person or firm submitting it fails to meet any material requirement relating to the qualifications, financial stability, or licensing of the bidder.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

Rule 3.1

(1)

(2)

(3)

Procedure Under the Consultants' Competitive Negotiations Act.

Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

Qualifying Procedures. In order to be eligible to provide Professional Services to the District, a consultant must, at the time of receipt of the firm's qualification submittal:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the consultant is a corporation; and

Meet any qualification requirements set forth in the District's Request for Qualifications.

Evidence of compliance with this Rule may be submitted with the qualifications, if requested by the District. In addition, evidence of compliance must be submitted any time requested by the District.

Public Announcement. Except in cases of valid public emergencies as certified by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply for consideration. The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate. The notice must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. The District shall make reasonable efforts to provide copies of any notices to such consultants, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process. The Board has the

right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.

Competitive Selection.

The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and performance ability, as well as any statements of qualifications on file.  The Board shall conduct discussions with, and may require public presentation by consultants regarding their qualifications, approach to the Project, and ability to furnish the required services. The Board shall then select and list the consultants, in order of preference, deemed to be the most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:

The ability and adequacy of the professional personnel employed by each consultant;

Whether a consultant is a certified minority business enterprise;

Each consultant's past performance;

The willingness of each consultant to meet time and budget requirements;

The geographic location of each consultant's headquarters, office and personnel in relation to the project;

The recent, current, and projected workloads of each consultant; and

The volume of work previously awarded to each consultant by the District.

Nothing in these Rules shall prevent the District from evaluating and eventually selecting a consultant if less than three (3) Responsive qualification packages, including packages indicating a desire not to provide Professional Services on a given Project, are received.

If the selection process is administered by any person or committee other than the full Board, the selection made will be presented to the full Board with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed.

Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following  statement:  "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's ranking decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Competitive Negotiation.

After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm listed as most qualified to perform the required Professional Services at a rate or amount of compensation which the Board determines is fair, competitive, and reasonable.

In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract for more than the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time  of contracting."  In addition, any professional service contract under which such a certificate  is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs."

Should the District be unable to negotiate a satisfactory agreement  with the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory agreement with the second firm cannot be reached, those negotiations  shall be terminated and negotiations with the third most qualified firm shall be undertaken.

Should the District be unable to negotiate a satisfactory agreement with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Continuing Contract. Nothing in this Rule shall prohibit a Continuing Contract between a consultant and the District.

Emergency Purchase. The District may make an Emergency Purchase without complying with these Rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

Rule 3.2	Procedure Regarding Auditor Selection.

In order to comply with the requirements of Section 218.391 of the Florida Statutes, the following procedures are outlined for selection of firms or individuals to  provide Auditing Services and for the negotiation of such contracts. For audits required under Chapter 190 of the Florida Statutes but not meeting the thresholds of Chapter 218 of the Florida Statutes, the District need not follow these procedures but may proceed with the selection of a firm or individual to provide Auditing Services and for the negotiation of such contracts in the manner the Board determines is in the best interests of the District.

Definitions.

"Auditing Services" means those services within the scope of the practice of a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

"Committee" means the auditor selection committee appointed by the Board as described in section (2) of this Rule.

Establishment of Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an auditor selection committee ("Committee"), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee shall include at least three individuals, at least one of which must also be a member of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must be a member of the Board. An employee, a chief executive officer, or a chief financial officer of the District may not serve as a member of the Committee; provided however such individual may serve the Committee in an advisory capacity.

Establishment of Minimum Qualifications and Evaluation Criteria. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Committee shall meet at a publicly noticed meeting to establish minimum qualifications and factors to use for the evaluation of Auditing Services to be provided by a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

Minimum Qualifications. In order to be eligible to submit a proposal, a firm must, at all relevant times including the time of receipt of the proposal by the District:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or  be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is  a corporation; and

Meet   any	pre-qualification   requirements	established	by	the Committee and set forth in the RFP or other specifications.

If requested in the RFP or other specifications, evidence of compliance with the minimum qualifications as established by the Committee must be submitted with the proposal.

Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:

Ability of personnel;

Experience;

Ability to furnish the required services; and

Such other factors as may be determined by the Committee to be applicable to its particular requirements.

The Committee may also choose to consider compensation as a factor. If the Committee establishes compensation as one of the factors, compensation shall not be the sole or predominant factor used to evaluate proposals.

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one (1) newspaper of general circulation in the District and the county in which the District is located. The public announcement shall allow for at least seven (7) days for the submission of proposals.

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals ("RFP"). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee

determines is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

Committee's Evaluation of Proposals and Recommendation.  The  Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals and may, as part of the evaluation, require that each interested firm provide a public presentation where the Committee may conduct discussions with the firm, and where the firm may present information, regarding the firm's qualifications. At the public meeting, the Committee shall rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to subsection (3)(b) of this Rule. If fewer than three firms respond to the RFP or if no firms respond to the RFP, the Committee shall recommend such firm as it deems to be the most highly qualified. Notwithstanding the foregoing, the Committee may recommend that any and all proposals be rejected.

Board Selection of Auditor.

Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shall immediately begin negotiations with the second ranked firm. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shall be terminated and negotiations with the third ranked finn shall be undertaken. The Board may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms' respective competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Where compensation was selected as a factor used in evaluating the proposals, the Board shall select the highest-ranked qualified firm or document in its public records the reason for not selecting the highest­ ranked qualified firm.

In negotiations with firms under this Rule, the Board may allow the District Manager, District Counsel, or other designee to conduct negotiations on its behalf.

Notwithstanding the foregoing, the Board may reject any or all proposals. The Board shall not consider any proposal, or enter into any contract for Auditing Services, unless the proposed agreed-upon compensation is reasonable to satisfy the requirements of Section 218.39 of the Florida Statutes, and the needs of the District.

Contract. Any agreement reached under this Rule shall be evidenced by a written contract, which may take the form of an engagement letter signed and executed by both parties. The written contract shall include all provisions and conditions of  the procurement of such services and shall include, at a minimum, the following:

A provision specifying the services to be provided and fees or other compensation for such services;

A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract;

A provision setting forth deadlines for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;

A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. The maximum contract period including renewals shall be five (5) years. A renewal may be done without the use of the auditor selection procedures provided in this Rule but must be in writing.

Provisions required by law that require the auditor to comply with public records laws.

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11  of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests regarding the award of contracts under this Rule shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 119.0701, 218.33, 218.391, Fla. Stat.

Rule 3.3	Purchase of Insurance.

Scope. The purchases of life, health, accident, hospitalization, legal expense, or annuity insurance, or all of any kinds of such insurance for the officers and employees of the District, and for health, accident, hospitalization, and legal expenses upon a group insurance plan by the District, shall be governed by this Rule. This Rule does not apply to the purchase of any other type of insurance by the District, including but not limited to liability insurance, property insurance, and directors and officers insurance. Nothing in this Rule shall require the District to purchase insurance.

Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed:

The Board shall cause to be prepared a Notice oflnvitation to Bid.

Notice of the Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least fourteen (14) days for submittal of bids.

The District may maintain a list of persons interested in receiving notices of Invitations to Bid. The District shall make reasonable efforts to provide copies of any notices to such persons, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process.

Bids shall be opened at the time and place noted in the Invitation to Bid.

If only one (1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase.

The Board has the right to reject any and all bids and such reservations shall be included in all solicitations and advertisements.

Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies that have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, the cost, if any, to the District officers, employees, or their dependents, the geographic location of the company's headquarters and offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase

insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the following statement:  "Failure to file a protest within the time prescribed  in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 112.08, Fla. Stat.

Rule 3.4

(1)

(2)

Pre-qualification

Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to provide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.

Procedure.	When the District seeks to pre-qualify vendors, the following procedures shall apply:

The Board shall cause to be prepared a Request for Qualifications.

For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed pre­ qualification criteria and procedures and allow at least seven (7) days notice of the public hearing for comments on such pre-qualification criteria and procedures. At such public hearing, potential vendors may object to such pre-qualification criteria and procedures. Following such public hearing, the Board shall formally adopt pre-qualification criteria and procedures prior to the advertisement of the Request for Qualifications for construction services.

The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall allow at least seven (7) days for submittal of qualifications for goods, supplies and materials, Contractual Services, maintenance services, and construction services under two hundred fifty thousand dollars ($250,000). The notice shall allow at least twenty-one (21) days for submittal of qualifications for construction services estimated to cost over two hundred fifty thousand dollars ($250,000) and thirty (30) days for construction services estimated to cost over five hundred thousand dollars ($500,000).

The District may maintain lists of persons interested in receiving notices of Requests for Qualifications. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any pre-qualification determination or contract awarded in accordance with these Rules and shall not be a basis for a protest of any pre-qualification determination or contract award.

If the District has pre-qualified vendors for a particular category of purchase, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies or

responses in response to the applicable Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

In order to be eligible to submit qualifications, a firm or individual  must, at the time of receipt of the qualifications:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or  be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Request for Qualifications.

Evidence of compliance with these Rules must be submitted with the qualifications if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the qualifications.

Qualifications shall be presented to the Board, or a committee appointed by the Board, for evaluation in accordance with the Request for Qualifications and this Rule. Minor variations in the qualifications may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature.

All vendors determined by the District to meet the pre-qualification requirements shall be pre-qualified. To assure full understanding of the responsiveness to the requirements contained in a Request for Qualifications, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion and revision  of qualifications. For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the project.

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of qualification preparation or submittal from the District.

G) Notice of intent to pre-qualify, including rejection of some or all  qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail, hand delivery, facsimile, or overnight delivery  service.  The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's pre-qualification decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11; provided however, protests related to the pre-qualification criteria and procedures for construction services shall  be resolved in accordance with section (2)(b) of this Rule and Section 255.20(l)(b)  of the Florida Statutes.

Suspension. Revocati,on or Denial of Qualification
The District, for good cause, may deny, suspend, or revoke a prequalified vendor's pre-qualified status. A suspension, revocation, or denial for good cause shall prohibit the vendor from bidding on any District construction contract for which qualification is required, shall constitute a determination of non-responsibility to bid on any other District construction or maintenance contract, and shall prohibit the vendor from acting as a material supplier or subcontractor on any District contract or project during the period of suspension, revocation, or denial. Good cause shall include the following:

One of the circumstances specified under Section 337.16(2), Fla. Stat., has occurred.

11. Affiliated contractors submitted more than one proposal for the same work. In this event the pre-qualified status of all of the affiliated bidders will be revoked, suspended, or denied. All bids of affiliated bidders will be rejected.

111. The vendor made or submitted false, deceptive, or fraudulent statements, certifications, or materials in any claim for payment or any information required by any District contract.

The vendor or its affiliate defaulted on any contract or a contract surety assumed control of financial responsibility for any contract of the vendor.

The vendor's qualification to bid is suspended, revoked, or denied by any other public or semi-public entity, or the vendor has been the subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.
v1. The vendor failed to comply with contract or warranty requirements or failed to follow District direction in the performance of a contract.

vii. The vendor failed to timely furnish all contract documents required by the contract specifications, special provisions, or by any state or federal statutes or regulations. If the vendor fails to furnish any of the subject contract documents by the expiration of the period of suspension, revocation, or denial set forth above, the vendor's pre­ qualified status shall remain suspended, revoked, or denied until the documents are furnished.
v111. The vendor failed to notify  the District  within  10  days of the vendor,  or any of its affiliates, being declared in default or otherwise not completing work on a contract  or  being  suspended  from qualification  to bid or denied qualification to bid by any other public or semi-public agency.

1x. The vendor did not pay its subcontractors or suppliers in a timely manner or in compliance with contract documents.

The vendor has demonstrated instances of poor or unsatisfactory performance, deficient management resulting in project delay, poor quality workmanship, a history of payment of liquidated damages, untimely completion of projects, uncooperative attitude, contract litigation, inflated claims or defaults.
x1. An affiliate of the vendor has previously been determined by the District to be non-responsible, and the specified period of suspension, revocation, denial, or non-responsibility remains in effect.

xn. The vendor or affiliate(s) has been convicted of a contract crime.

The term "contract crime" means any violation of state or federal antitrust laws with respect to a public contract or any violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract.

The term "convicted" or "conviction" means a finding of guilt or a conviction of a contract crime, with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

A denial, suspension, or revocation shall prohibit the vendor from being a subcontractor on District work during the period of denial, suspension, or revocation, except when a prime contractor's bid has used prices of a subcontractor who becomes disqualified after the bid, but before the request for authorization to sublet is presented.

The District shall inform the vendor in writing of its intent to deny, suspend, or revoke its pre-qualified status and inform the vendor of its right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days after the receipt of the notice of intent, the hearing shall be held within 30 days after receipt by the District of the request for the hearing. The decision shall be issued within 15 days after the hearing.
Such suspension or revocation shall not affect the vendor's obligations under any preexisting contract.
In the case of contract crimes, the vendor's pre-qualified status under this  Rule shall be revoked indefinitely. For all violations of Rule 3.4(3)(a) other than for the vendor's conviction for contract crimes, the revocation, denial, or suspension of a vendor's pre-qualified status under this Rule shall be for a specific period of time based on the seriousness of the deficiency.

Examples of factors affecting the seriousness of a deficiency are:

Impacts on project schedule, cost, or quality of work;

11. Unsafe conditions allowed to exist;

111. Complaints from the public;

Delay or interference with the bidding process;

The potential for repetition;

v1. Integrity of the public contracting process;

v11. Effect on the health, safety, and welfare of the public.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

Rule 3.5

(1)

(2)

Construction Contracts, Not Design-Build.

Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 190 of the Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20 of the Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and the procedures of Section 255.20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.

Procedure. When a purchase of construction services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the District and in the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, proposals, replies, or responses, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of bids, proposals, replies, or responses. If the Board has previously pre-qualified contractors pursuant to Rule 3.4 and determined that only the contractors that have been pre-qualified will be permitted to submit bids, proposals, replies, and responses, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation need not be published. Instead, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or  be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the bidder is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to, reemployment assistance, safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response, if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid  shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. Bids, proposals, replies, and responses shall be evaluated in

accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and these  Rules. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid shall be accepted.  In relation to a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No contractor shall be entitled to recover any costs of bid, proposal, response, or reply preparation or submittal from the District.

The Board may require potential contractors to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.
G) Notice of intent to award, including  rejection  of  some  or  all  bids, proposals, replies, or responses, shall be provided in writing to all contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement:  "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

(k)   If less than  three (3) Responsive  Bids, Proposals,  Replies,  or Responses  are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the construction services without further competitive selection processes.

Sole Source: Government. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by governmental agencies are exempt from this Rule. This Rule shall not apply to  the purchase of construction services, which may include goods, supplies, or materials, that are purchased under a federal, state, or local government contract that has been competitively procured by such federal,  state, or local government in a manner consistent with the material procurement requirements of these Rules. A contract for construction services is exempt from this Rule  if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergenc Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contract; or

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.6

(I)

(2)

Construction Contracts, Design-Build.

Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

The District shall utilize a Design Criteria Professional meeting the requirements of Section 287.055(2)(k) of the Florida Statutes, when developing a Design Criteria Package, evaluating the proposals and qualifications submitted by Design-Build Firms, and determining compliance of the project construction with the Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be the District Engineer selected by the District pursuant to Section
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.1. The Design Criteria Professional is not eligible to render services under a Design-Build Contract executed pursuant to the Design Criteria Package.

A Design Criteria Package for the construction project shall be prepared and sealed by the Design Criteria Professional. If the project utilizes existing plans, the Design Criteria Professional shall create a Design Criteria Package by supplementing the plans with project specific requirements, if any.

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications-based selection process pursuant to Rule 3.1.

Qualifications-Based Selection. If the process set forth in Rule 3.1 is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.

Competitive Proposal-Based Selection. If the competitive proposal selection process is utilized, the Board, in consultation with the Design Criteria Professional, shall establish the criteria, standards and procedures for the evaluation of Design-Build Proposals based on price, technical, and design aspects of the project, weighted for the project. After a Design Criteria Package and the standards and procedures for evaluation of proposals have been developed, competitive proposals from qualified firms shall be solicited pursuant to the design criteria by the following procedure:

A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least twenty-one (21) days for submittal of sealed proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of proposals.

The District may maintain lists of persons interested in receiving notices of Requests for Proposals. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule  and shall not be a basis for a protest of any contract award.

In order to be eligible to submit a proposal, a firm must, at the time of receipt of the proposals:

Hold the required applicable state professional licenses in good standing, as defined by Section 287.055(2)(h) of the Florida Statutes;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation;

Meet any special pre-qualification requirements set forth in the Request for Proposals and Design Criteria Package.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to reemployment assistance, safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may

47

be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must  be submitted with the proposal if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the proposal.

The proposals, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. In consultation with the Design Criteria Professional, the Board shall evaluate the proposals received based on evaluation criteria and procedures established prior to the solicitation of proposals, including but not limited to qualifications, availability, and past work of the firms and the partners and members thereof. The Board shall then select no fewer than three (3) Design­ Build Firms as the most qualified.

The Board shall have the right to reject all proposals if the proposals are too high, or rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of proposal preparation or submittal from the District.

If less than three (3) Responsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no Responsive Proposals are received, the District may proceed with the procurement of design-build services in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the design-build services without further competitive selection processes.

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure  to file a protest within the time prescribed in Rule 3.11 of the

Rules of the District shall constitute a waiver  of proceedings under those Rules," or wording to that effect. Protests of the District's rankings under this Rule shall  be in accordance with the procedures set forth in Rule 3.11.

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the second most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the third most qualified firm. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the third most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

After the Board contracts with a firm, the firm shall  bring to the Board for approval, detailed working drawings of the project.

The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and project construction with the Design Criteria Package and shall provide the Board with a report of the same.

Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified

Design-Build Firm available at the time. The fact that an Emergency Purchase  has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.7

(1)

(2)

(3)

Payment and Performance Bonds.

Scope. This. Rule shall apply to contracts for the construction of a  public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work and shall be construed in addition to terms prescribed by any other Rule that may also apply to such contracts.

Required Bond. Upon entering into a contract for any of the services described in section (1) of this Rule in excess of $200,000, the Board should require that the contractor, before commencing the work, execute and record a payment and performance bond in an amount equal to the contract price. Notwithstanding the terms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.

Discretionary Bond. At the discretion of the Board, upon entering into a contract for any of the services described in section (1) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 255.05, Fla. Stat.

Rule 3.8

(1)

(2)

Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, shall be purchased under the terms of this Rule. Contracts for purchases of "goods, supplies, and materials" do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure. When a purchase of goods, supplies, or materials is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified suppliers of goods, supplies, and materials, then, at the option of the District, only those persons who have been pre­ qualified will be eligible to submit bids, proposals, replies, or responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses m good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Any firm or individual whose principal place of business is outside the State of Florida must also submit a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that foreign state to business entities whose principal places of business are in that foreign state, in the letting of any or all public contracts. Failure to submit such a written opinion or submission of a false or misleading written opinion may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and this Rule. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non­ material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid, after taking into account the preferences provided for in this subsection, submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be accepted. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which does not grant a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the

lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference of five (5) percent. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which grants a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference equal to the preference granted by such foreign state.

To assure full understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded  fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

G) Notice of intent to award, including  rejection  of  some  or  all  bids,  proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following  statement:  "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of goods, supplies, and materials under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

(k)   If  less than three (3) Responsive  Bids, Proposals,  Replies, or Responses   are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of goods, supplies, and materials, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct

purchase of the goods, supplies, and materials without further competitive selection processes.

Goods, Supplies. and Materials included in a Construction Contract Awarded Pursuant to Rule 3.5 or 3.6. There may be occasions where the District has undergone the competitive purchase of construction services which contract may include the provision of goods, supplies, or materials. In that  instance,  the District may approve a change order to the contract and directly purchase the goods, supplies, and materials. Such purchase of goods, supplies, and materials deducted from a competitively purchased construction contract shall be exempt from this Rule.

Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from this Rule. A contract for goods, supplies, or materials is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process. This Rule shall not apply to the purchase of  goods, supplies or materials that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules.

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a maximum period of five (5) years.

Emernency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.053, 190.033, 287.017, 287.084, Fla. Stat.

Rule 3.9	Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule if the cost exceeds the amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure. When a purchase of maintenance services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located.  The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

The District may maintain lists of persons interested in receiving  notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure  of  a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

If the District has pre-qualified suppliers of maintenance services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, and responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold all required applicable state professional licenses m good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance  with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and these Rules. Minor variations in the bids, proposals, replies, and responses may be waived by the Board.  A variation  is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted in response to an Invitation to Bid by a Responsive and Responsible  Bidder shall be accepted.  In relation to a Request for Proposals, Invitation to Negotiate or  Competitive Solicitation the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, or responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No Vendor shall be

entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

G) Notice of intent to award, including  rejection  of  some  or  all  bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

(k)  If  less than three (3) Responsive  Bids, Proposals,  Replies,  or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the maintenance services without further competitive selection processes.

Exemptions. Maintenance services that are only available from a single source are exempt from this Rule. Maintenance services provided by governmental agencies are exempt from this Rule. A contract for maintenance services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for a maximum period of five (5) years.

Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emernency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), 190.033, Fla. Stat.
Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

Rule 3.10	Contractual Services.

Exemption from Competitive Purchase. Pursuant to Section 190.033(3) of the Florida Statutes, Contractual Services shall not be subject to competitive purchasing requirements. If an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to competitive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, no rights or remedies under these Rules, including but not limited to protest rights, are conferred on persons, firms, or vendors proposing to provide Contractual Services to the District.

Contracts: Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the contractor to comply with public records laws.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, Fla. Stat.

Rule 3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6,
3.8, and 3.9.

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.

Filing.

With respect to a protest regarding qualifications, specifications, documentation, or other requirements contained in a Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation issued by the District, the notice of protest shall be filed in writing within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after the first advertisement  of the Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7)  calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's intended decision. Failure to  file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

Except for those situations covered by subsection (1)(a) of this Rule, any firm or person who is affected adversely by a District's ranking  or intended award under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9 and desires to contest the District's ranking or intended award, shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of the notice of the District's ranking or intended award. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed.  For purposes of this Rule, wherever applicable, filing will  be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's ranking or intended award. Failure to file a  formal  written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

If the requirement for the posting of a protest bond and the amount of the protest bond, which may be expressed by a percentage of the contract to  be awarded or a set amount, is disclosed in the District's competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3,

3.4, 3.5, 3.6, 3.8, or 3.9, any person who files a notice of protest must post the protest bond. The amount of the protest bond shall be determined by District staff after consultation with the Board and within the limits, if any, imposed by Florida law. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.

The District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

Contract Execution. Upon receipt of a notice of protest which has been timely filed, the District shall not execute the contract under protest until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances showing that delay incident to protest proceedings will jeopardize the funding for the project, will materially increase the cost of the project, or will create an immediate and serious danger to the public health, safety, or welfare, the contract may be executed.

Informal Proceeding. If the Board determines a protest does not involve a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest. Such informal proceeding shall be at a time and place determined by the Board. Notice of such proceeding shall be sent via facsimile, United States Mail, or hand delivery to the protestor and any substantially affected persons or parties not less than three (3) calendar days prior to such informal proceeding. Within thirty (30) calendar days following the informal proceeding, the Board shall issue a written decision setting forth the factual, legal, and policy grounds for its decision.

Formal Proceeding. If the Board determines a protest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process provided for in section (3) of this Rule, the District shall schedule a formal hearing to resolve the protest. The Chairperson shall designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer to conduct the hearing. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. The District shall  allow  each party fifteen (15) days in which to submit written exceptions to the recommended order. The District shall issue a final order within sixty  (60) days after the filing of the recommended order.

Intervenors. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Rejection of all Qualifications. Bids. Proposals, Replies and Responses after Receipt of Notice of Protest. If the Board determines there was a violation of law, defect, or an irregularity in the competitive solicitation process, the Bids, Proposals, Replies, and Responses are too high, or if the Board determines it is otherwise in the District's best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.

Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 190.033, Fla. Stat.

Rule 4.0	Effective Date.

These Rules shall be effective _ _

_ _ _

_ _ , 2021, except that no election of

officers required by these Rules shall be required until after the next regular election for the Board.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

S ECTION D

=:=:=;=== =::::--     -=	-

S	E CTION 1

RESOLUTION 2021-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2021 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICTION REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Storey Drive Community Development District ("District") was recently established by the City Council of Orlando, Florida effective March 22, 2021; and

WHEREAS, the District Manager has prepared and submitted to the Board of Supervisors of the Storey Drive Community Development District (the "Board") a proposed operating budget for the Fiscal Year 2021; and

WHEREAS, the Board has considered the proposed budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

The operating budget proposed by the District Manager for the Fiscal Year 2021 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said budget.

A public hearing on said approved budget is hereby declared and set for the following date, hour and location:

DATE:	 	,2021

HOUR:		 LOCATION :    	 

The District Manager is hereby directed to submit a copy of the proposed budget to the City of Orlando and Orange County at least 60 days prior to the hearing set above.

In accordance with Section 189.016, Florida Statutes, the District's Secretary is further directed to post the approved budget on the District's website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

Notice of this public hearing shall be published in the manner prescribed in Florida law.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 6th DAY OF MAY, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

By:_

_ _ _

_ _ _ _

_ _ _

_ _ _

Secretary/Assistant Secretary

Exhibit A: Proposed Fiscal Year 2021 Budget

Chairman/Vice Chairman

•

•

•	•

•

•

•

•

•

•

•	•	•	•	•	•	•

•••••••••

Storey Drive
Community Development District

Proposed Budget
FY 2021-2022

•

Table of Contents

1	 	General Fund 

 	General Fund Narrative 

Storey Drive
Community Development District

Fiscal Year 2021-202 2 General Fund

Proposed
Budget FY2022

Proposed Budget
FY2021*

Revenues

Developer Contribtuions	$51,630	$117,118
Total Revenues	 	$51,630	$117,118 I

Expenditures
Administrative

Supervisor Fees	$5,000	$12,000
FICA Expense	$383	$918
Engineering	$5,000	$12,000
Attorney	$10,417	$25,000
Dissemination	$0	$3,500
Arbitrage	$0	$450
Annual Audit	$0	$2,500
Trustee Fees	$0	$5,000
Assessment Administration			$0		$5,000 Management Fees	$14,583	$35,000 Information Technology		$438		$1,050
Website Creation	$1,750	$0
Website Maintenance	$250	$600
Telephone	$125	$:ID
Postage	$417	$1,000
Printing & Binding	$417	$1,000
Insurance	$2,025	$5,000
Legal Advertising	$10,000	$5,000
Other Current Charges	$417	$1,000
Office Supplies	$260	$625
Dues, Licenses & Subscriptions	$15 0	$175
Total Expenditures	 $51,630	$117,118 I
Excess Revenues/(Expenditures) 	$0		$0 I
*FY2021 expenses have been prorated for 5 months of the fiscal year.

Storey Drive
Community Development District
GENERAL FUND BUDGET

REVENUES:

Developer Contributions

The District will enter into a funding agreement with the developer to fund the general fund expenditures for the fiscal year.

EXPENDITURES:

Administrative:

Supervisor Fees

Chapter 190, Florida Statutes, allows for each Board member to receive $200 per meeting, not to exceed $4,800 per year paid to each Supervisor for the time devoted to District business and meetings. Amount is based on 5 supervisors attending 12 meetings during the fiscal year.

FICA Expense

Represents the Employer's share of Social Security and Medicare taxes withheld from Board of Supervisor checks.

Engineering

The District's engineer will be providing general engineering services to the District, e.g. attendance and preparation for monthly board meetings, review invoices, etc.

Attorney

The District's legal counsel will be providing general legal services to the District, e.g. attendance and preparation for monthly meetings, preparation and review of agreements, resolutions, etc.

Dissemination

The District is required by the Security and Exchange Commission to comply with Rule 15c2- 12(b)(5) which relates to additional reporting requirements for unrated bond issues.

Arbitrage

The District will contract with an independent certified public accountant to annually calculate the District's Arbitrage Rebate Liability on any bonds the District may issue.

Annual Audit

The District is required by Florida Statutes to arrange for an independent audit of its financial records on an annual basis.

Storey Drive
Community Development District
GENERAL FUND BUDGET

Trustee Fees

The District will pay annual trustee fees for any bonds it may issue.

Assessment Administration

The District will contract to levy and administer the collection of non-ad valorem assessment on all assessable property within the District.

Management Fees

The District has contracted with Governmental Management Services-Central Florida, LLC to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, budget preparation, all financial reporting, annual audit, etc.

Information Technology

Represents costs related to the District's information systems, which include but are not limited to video conferencing services, cloud storage services and servers, security, accounting software, etc.

Website Creation

Represents cost to create the initial District website and ensure District meets ADA compliance guidelines.

Website Maintenance

Represents the costs associated with monitoring and maintaining the District's website created in accordance with Chapter 189, Florida Statues. These services include site performance assessments, security and firewall maintenance, updates, document uploads, hosting and domain renewals, website backups, etc.

Telephone

Telephone and fax machine.

Postage

Mailing of agenda packages, overnight deliveries, correspondence, etc.

Printing & Binding

Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc.

Insurance

The District's general liability and public officials liability insurance coverage is provided by Florida Insurance Alliance (FIA). FIA specializes in providing insurance coverage to governmental agencies.

Storey Drive
Community Development District
GENERAL FUND BUDGET

Legal Advertising

The District is required to advertise various notices for monthly Board meetings, public hearings, etc in a newspaper of general circulation.

Other Current Charges

Bank charges and any other miscellaneous expenses incurred during the year.

Office Supplies

Miscellaneous office supplies.

Dues. Licenses & Subscriptions

The District is required to pay an annual fee to the Florida Department of Economic Opportunity for
$175. This is the only expense under this category for the District.

SECTION 2

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2020-2021 DEVELOPER FUNDING AGREEMENT

THIS FISCAL YEAR 2020-2021 DEVELOPER FUNDING AGREEMENT (the
"Agreement") is made and entered into this 5th day of May, 2021, by and between:

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special-purpose government, established pursuant to Chapter 190, Florida Statutes, and located in the City of Orlando, Orange County, Florida (hereinafter "District"), and

LENNAR HOMES, LLC, a Florida limited liability company and the owner of a majority of the real property in the District (hereinafter "Developer").

Recitals

WHEREAS, the District was established by Ordinance Number 2021-10 of the City Council of Orlando, Florida (the "City Council"), pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, (the "Act") for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including a storm water management system, roadways, water distribution and sewer collection systems, landscaping, recreational facilities and other infrastructure; and

WHEREAS, the District, pursuant to the Act, is authorized to levy such taxes, special assessments, fees and other charges as may be necessary in furtherance of the District's activities and services; and

WHEREAS, Developer presently owns and/or is developing the majority of the real property within the District (the "Property"), which Property will benefit from the timely construction and acquisition of the District's facilities, activities and services and from the continued operations of the District; and

WHEREAS, the District has adopted or anticipates adopting its general fund budget for the fiscal year 2020-2021 ("FY 21"), which year commences on October 1, 2020, and concludes on September 30, 2021 (the "Budget"); and

WHEREAS, the Budget, which both parties recognize may be amended from time to time in the sole discretion of the District, are attached hereto and incorporated herein by reference as Exhibit "A"; and

WHEREAS, the District has or will levy non ad valorem special assessments on all land within the District that will benefit from the District activities, operations and services set forth in Exhibit "A"; and

Storey Drive COD
FY2020-2 l Budget Funding Agmt Pagel of7

WHEREAS, the Developer agrees that the activities, operations and services by the District during FY 21 provide a special and peculiar benefit equal to or in excess of the costs reflected on Exhibit "A" to the property owned by the Developer within the District (the "Property"); and

WHEREAS, in lieu of initially certifying for collection special assessments on the Property to fund the Budget, the District is willing to allow the Developer to provide such funds as are necessary to allow the District to proceed with its FY 21 operations as described in Exhibit "A" so long as payment is timely provided; and

WHEREAS, the District desires to secure the funding of the Budget through the imposition of a continuing lien against the Property and otherwise as provided herein and in any resolutions of the District pertaining to the imposition of a lien for special assessments.

WHEREAS, the Developer agrees to enter into the Agreement in lieu of having the District collect any non-ad valorem assessments related to the Budget as authorized by law against the Property located within the District for the activities, operations, and services set forth in the Budget.

NOW THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the parties agree as follows:

The Developer agrees to make available to the District the monies necessary for the operation of the District based on actual expenditures of the District as called for in the Budget attached hereto as Exhibit "A" (and as Exhibit "A" may be amended from time to time), within thirty (30) days of written request by the District. Amendments to the Budget as shown in Exhibit "A" adopted by the District at a duly noticed meeting shall have the effect of amending this Agreement without further action of the parties. The funds provided under this Agreement shall be placed in the District's general checking account. These payments are made by the Developer in lieu of the collection of special assessments that might otherwise be collected by the District related to the Budget for FY 21.

District shall have the right to file a continuing lien upon the Property described in Exhibit "A" for all payments due and owing under the terms of this Agreement and for interest thereon, and for reasonable attorneys' fees, paralegals' fees, expenses, and court costs incurred by the District incident to the collection of funds under this Agreement and for enforcement of this lien, and all sums advanced and paid by the District for taxes and payment on account of superior interests, liens, and encumbrances on the Property in order to preserve and protect the District's lien. The lien shall be effective as of the date and time of the recording of a "Notice of Lien for FY 2020-2021 Budget" in the public records of St. Cloud, Florida, stating among other things, the description of the Property and the amount due as of the recording of the Notice, and the existence of this Agreement. The District Manager, in its sole discretion, is hereby authorized by the District to file the Notice of Lien for the Budget on behalf of the District, without need of further Board
Storey Drive CDD
FY2020-21 Budget Funding Agrnt Page 2 of7

action authorizing or directing such filing. At the District Manager's direction, the District may also bring an action at law against the record title holders to the Property to pay the amount due under this Agreement, or may foreclose the lien against the Property in any manner authorized by law. In the event the Developer sells any of the Property after the execution of this Agreement, the Developers' rights and obligations under this Agreement shall remain the same, provided however that the District shall only have the right to file a lien upon the remaining Property owned by the Developer.

The District has found that the activities, operations and services set out in the Budget on Exhibit "A" provide a special and peculiar benefit to the Property, which benefit is allocated as provided in the assessment roll attached hereto and incorporated herein as Exhibit "B". The Developer agrees that the activities, operations and services set forth in the Budget on Exhibit "A" provide a special and peculiar benefit to the Property equal to or in excess of the costs set out in Exhibit "A", as allocated in Exhibit "B". Therefore, in the alternative or in addition to the other methods of collection set forth in this Agreement, or in any resolution of the District regarding the imposition and collection of special assessments, the District, in its sole discretion, and upon failure of the Developer to make payment as provided for in this Agreement, may choose to certify for collection amounts due hereunder as a non ad valorem assessment on all or any part of the Property for collection, either through the Uniform Method of Collection set forth in Chapter 197 or under any method of direct bill and collection on a future years tax roll and collected by the Osceola County Tax Collector, collected pursuant to a foreclosure action, or, at the District's discretion, collected in any other method authorized by law.

In the event the District is required to certify non ad valorem special assessments for collection as a result of the Developer's failure to provide the funds as required under this Agreement, the amount of funds received by the District from Developer under this Agreement shall be credited pro-rata to all of the Property subject to special assessments in the manner provided in the District's assessment methodology of operation and maintenance.

District and Developer agree that the Budget shall be revised, after due notice, at the end of the fiscal year to reflect the actual expenditures for the District for FY 21. Developer shall not be responsible for any costs other than those costs provided for in the Budget, as so amended.

This instrument shall constitute the final and complete expression of the agreement between the parties relating to the subject matter of this Agreement. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing that is executed by both of the parties hereto.

The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law and each party has full power and authority to comply with the terms and provisions of this instrument.

This Agreement may be assigned, in whole or in part, by either party only upon the

written consent of the other, which consent shall not be unreasonably withheld.

A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance and specifically including the ability of the District to enforce any and all payment obligations under this Agreement through the imposition and enforcement of a contractual or other lien on property owned by the Developer, and in the manner described in paragraph 3 above.

In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution or appellate proceedings.

This Agreement is solely for the benefit of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.

This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.

This Agreement has been negotiated fully between the parties as an arm's length transaction. The parties participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen and elected the language, and the doubtful language will not be interpreted or construed against any party.

The Agreement shall be effective after execution by both parties. The enforcement provisions of this Agreement shall survive its termination until all payments due under this Agreement are paid in full.

[SIGNATURES ON FOLLOWING PAGE]

SIGNATURE PAGE TO STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT FY 2020-2021 DEVELOPER FUNDING AGREEMENT

IN WITNESS WHEREOF, the parties execute this agreement the day and year first written above.

Attest:	STOREY	DRIVE	COMMUNITY DEVELOPMENT	DISTRICT,	a	Florida
community development district.

- - - - - - - - - - - - - -

By  :	­

By: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

- - - - - - - - - -

Name:
Title: Assistant Secretary

Name:
Title: Chairman, Board of Supervisors

LENNAR HOMES, LLC, a Florida limited liability company

By: _   _	_	_	_	_	_

_	_	_

By: -   -	-	-	-	-	-	-	-	-	-	-	-	-	-	-

- - - - - - - - - -

Name:
Title: Witness

Name: - - - - - - - - - - - - - - -
Title:- - - - - - - - - - - - - - -

EXHIBIT "A"

(Fiscal Year 2020-2021 Budget)

[SEE ATTACHED]

EXHIBIT "B"

(Assessment Roll)

[SEE ATTACHED]

S ECTION E

SECTION 1

RESOLUTION 2021-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2022 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW; ADDRESSING TRANSMITTAL, POSTING AND PUBLICTION REQl)IREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Storey Drive Community Development District ("District") was recently established by the City Council of Orlando, Florida effective March 22, 2021; and

WHEREAS, the District Manager has prepared and submitted to the Board of Supervisors of the Storey Drive Community Development District (the "Board") a proposed operating budget for the Fiscal Year 2022; and

WHEREAS, the Board has considered the proposed budget and desires to set the required public hearing thereon.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

The operating budget proposed by the District Manager for the Fiscal Year 2022 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said budget.

A public hearing on said approved budget is hereby declared and set for the following date, hour and location:

DATE:

-	-	-	-	-	-	-	-	- ' 2021

HOUR:		 LOCATION:    	

The District Manager is hereby directed to submit a copy of the proposed budget to the City of Orlando and Orange County at least 60 days prior to the hearing set above.

In accordance with Section 189.016, Florida Statutes, the District's Secretary is further directed to post the approved budget on the District's website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least 45 days.

Notice of this public hearing shall be published in the manner prescribed in Florida law.

This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 6th DAY OF MAY, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

By:_ _ _ _

_ _ _ _

_ _ _

_ _ _

Secretary/Assistant Secretary

Exhibit A: Proposed Fiscal Year 2022 Budget

ChairmanNice Chairman

•

•	•

•••••••••

Storey Drive
Community Development District

Proposed Budget
FY 2021-2022

•	•	•	•	•	•	•	•	•	•

Governmental

GMS

Mamg•mentServk:es...

Table of Contents

1	 	General Fund 

 	General Fund Narrative 

Storey Drive
Community Development District

Fiscal Year 2021-202 2 General Fund

Proposed Budget
FY2022

Proposed Budget
FY2021*

Revenues

Developer Contribtuions	$51,630	$117,118
Total Revenues	 	$51,630	$117,118 I

Expenditures
Administrative

Supervisor Fees	$5,000	$12,000
FICA Expense	$383	$918
Engineering	$5,000	$12,000
Attorney	$10,417	$25,000
Dissemination	$0	$3,500
Arbitrage	$0	$450
Annual Audit	$0	$2,500
Trustee Fees	$0	$5,000
Assessment Administration			$0		$5,000 Management Fees	$14,583	$35,000 Information Technology		$438		$1,050
Website Creation	$1,750	$0
Website Maintenance	$250	$600
Telephone	$125	$:m
Postage	$417	$1,000
Printing & Binding	$417	$1,000
Insurance	$2,025	$5,000
Legal Advertising	$10,000	$5,000
Other Current Charges	$417	$1,000
Office Supplies	$260	$625
Dues, Licenses & Subscriptions	$15 0	$175
Total Expenditures	 $51,630            $117,118 I
Excess Revenues/(Expenditures) 	$0	$0 I
*FY2021 expenses have been prorated for 5 months of the fiscal year.

Storey Drive
Community Development District
GENERAL FUND BUDGET

REVEMJES:

DevelooerConrtibuaons
The District will enter into a funding agreement with the developer to fund the general fund expenditures for the fiscal year.

EXPENDITURES:

Administrative:

Supervisor Fees

Chapter 190, Florida Statutes, allows for each Board member to receive $200 per meeting, not to exceed $4,800 per year paid to each Supervisor for the time devoted to District business and meetings. Amount is based on 5 supervisors attending 12 meetings during the fiscal year.

FICA Expense

Represents the Employer's share of Social Security and Medicare taxes withheld from Board of Supervisor checks.

Engineering

The District's engineer will be providing general engineering services to the District, e.g. attendance and preparation for monthly board meetings, review invoices, etc.

Attorney

The District's legal counsel will be providing general legal services to the District, e.g. attendance and preparation for monthly meetings, preparation and review of agreements, resolutions, etc.

Dissemination

The District is required by the Security and Exchange Commission to comply with Rule 15c2- 12(b)(5) which relates to additional reporting requirements for unrated bond issues.

Arbitrage

The District will contract with an independent certified public accountant to annually calculate the District's Arbitrage Rebate Liability on any bonds the District may issue.

Annual Audit

The District is required by Florida Statutes to arrange for an independent audit of its financial records on an annual basis.

Storey Drive
Community Development District
GENERAL FUND BUDGET

Trustee Fees

The District will pay annual trustee fees for any bonds it may issue.

Assessment Administration

The District will contract to levy and administer the collection of non-ad valorem assessment on all assessable property within the District.

Management Fees

The District has contracted with Governmental Management Services-Central Florida, LLC to provide Management, Accounting and Recording Secretary Services for the District. The services include, but not limited to, recording and transcription of board meetings, budget preparation, all financial reporting, annual audit, etc.

Information Technology

Represents costs related to the District's information systems, which include but are not limited to video conferencing services, cloud storage services and servers, security, accounting software, etc.

Website Creation

Represents cost to create the initial District website and ensure District meets ADA compliance guidelines.

Website Maintenance

Represents the costs associated with monitoring and maintaining the District's website created in accordance with Chapter 189, Florida Statues. These services include site performance assessments, security and firewall maintenance, updates, document uploads, hosting and domain renewals, website backups, etc.

Telephone

Telephone and fax machine.

Postage

Mailing of agenda packages, overnight deliveries, correspondence, etc.

Printing & Binding

Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc.

Insurance

The District's general liability and public officials liability insurance coverage is provided by Florida Insurance Alliance (FIA). FIA specializes in providing insurance coverage to governmental agencies.

Storey Drive
Community Development District
GENERAL FUND BUDGET

Le q al Advertising

The District is required to advertise various notices for monthly Board meetings, public hearings, etc in a newspaper of general circulation.

Other Current Charges

Bank charges and any other miscellaneous expenses incurred during the year.

Office Sup_p_lies

Miscellaneous office supplies.

Dues, Licenses & Subscriptions

The District is required to pay an annual fee to the Florida Department of Economic Opportunity for
$175. This is the only expense under this category for the District.

SECTION V

S ECTION C

RESOLUTION 2021-07

A RESOLUTION SETTING FORTH THE POLICY OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS WITH REGARD TO THE SUPPORT AND LEGAL DEFENSE OF THE BOARD OF SUPERVISORS AND DISTRICT OFFICERS AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors ("Board") and the officers of the Storey Drive Community Development District ("District") are constantly presented with the necessity for making decisions regarding various phases of District policy and management; and

WHEREAS, it is absolutely essential to the effective operation of the District that such decisions be made in an environment where the threat of personal liability for the Board and its officers is maintained at a minimum; and

WHEREAS, the Board wishes to formalize a policy with regard to the support and legal protection of the Board and its officers so as to reduce the threat of personal liability to such individuals and allow for an effective decision-making environment.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT THAT:

As set forth in this Resolution, the District, in accordance with Florida law, agrees that the following Board members and officers of the District shall be provided the benefit of the indemnification, support and legal defense provisions provided in this Resolution:

All members of the Board of Supervisors; and

The District Manager, Secretary and Assistant Secretaries, Treasurer  and Assistant Treasurers, and other District officers.

As set forth in this Resolution and in accordance with Sections  111.07  and 768.28, Florida Statutes, the District hereby agrees to provide legal representation to defend any and all civil actions, including federal civil rights and other federal civil claims, arising from a complaint for damages or injuries suffered as a result of any action or omission of action of all Board members and officers, present or former, arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the Board member or officer acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Defense of such civil actions includes,  but is not limited to,  any civil rights lawsuit seeking relief personally against any Board member or officer for an act or omission under color of state law, custom or usage, wherein it is alleged that such Board member or officer has deprived another person of rights secured under the Federal Constitution  or laws, including, by way of example, actions under 42 U.S.C. § 1983 or other federal statute.

The District hereby further agrees to provide legal representation to defend against any other litigation arising against a Board member or officer from the performance of their official duties while serving a public purpose, including civil, administrative or criminal actions as permitted by law. By these provisions, the District does not waive any immunity from liability or limited waiver of such immunity as granted under Florida law. Rather, the District is stating that to the extent the State does not through its laws protect the Board and its officers from liability, the District is committed to doing so to the extent described in this Resolution and as permitted by law.

The District may insure itself in order to cover all reasonable costs and fees directly arising out of or in connection with any legal claim or suit that directly results from a decision or act made by a Board member or officer while performing the duties and functions of his or her position.

This Resolution is intended to evidence the District's support of Board members and officers who perform acts and render decisions in the good faith performance of their duties and functions. The District will neither support nor defend those actions or omissions committed by an individual outside the scope of his or her office or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. By adoption of this Resolution, the District Board member(s) and/or officer(s) in question are each presumed to have acted within the scope of his or her office and are presumed to be acting in good faith, without a malicious purpose and not in a manner exhibiting wanton  and willful disregard of human rights, safety or property. The District's  Board  of Supervisors may overcome this presumption only by unanimous vote of those participating and voting, in accordance with Section 7 herein.

In the event that the District has expended funds to provide an attorney  to defend  a Board member or officer who is found to be personally liable by virtue of actions outside the scope of his or her employment or function, or is found to have acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, the individual shall be required to reimburse the District for funds so expended. The District may recover such funds in a civil action against such individual.

The District agrees to pay any final judgment, including damages, fines, penalties or other damages, costs, and attorney's fees and costs, arising from any complaint for damages or injuries suffered as a result of any action or omission of action of any Board member  or officer  as described in Section 111.07, Florida Statutes. If the action arises under  Section  768.28, Florida Statues, as a tort claim, the limitations and provisions of that section governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. § 1983, or similar federal statutes, payment for the full amount of judgment may be made unless the individual has been determined in the final judgment to have caused the harm intentionally. The District agrees  to pay any compromise or settlement of any claim or litigation described in this paragraph,  provided, however, that the District determines such compromise or settlement to be in the District's best interest.

To rebut the presumption of the automatic payment of judgments or provision of legal representation pursuant to this Resolution, at least one of the following determinations shall be made by a unanimous decision of the District's Board of Supervisors participating and voting:

The actions of the Board member and/or officer were outside the scope of his or her duties and authority; or

The acts or omissions of the Board member and/or officer constituted bad faith, malicious purpose, intentional infliction of harm or were done in a manner exhibiting wanton and willful disregard of human rights, safety or property; or

The Board member and/or officer received financial profit or advantage to which he or she was not legally entitled.

To ensure the provision of legal representation pursuant to this Resolution, the following must be met:

A copy of the summons, complaint, notice, demand letter or other document or pleading in the action, or a letter setting forth the substance of any claim or complaint, must be delivered to the District Chairman, Vice Chairman, District Manager or District Attorney within fourteen (14) calendar days after actual receipt of any such document together with a specific request in writing that the District defend or provide representation for the Board member and/or  officer;  and

The Board member and/or officer must cooperate continuously and fully with the District in the defense of the action.

Any indemnification, legal defense or other protection provided pursuant to this representation shall not extend to:

Consulting or other outside professional or business activities for which the Board member and/or officer received financial or other material compensation, which are outside the scope of his or her District duties and authority; and

Any independent contractor for whom defense or indemnification is  not authorized pursuant to Section 1(b) of this Resolution, unless the Board votes to authorize such indemnification, legal defense, or other protection; and

Any fine, penalty or other punishment imposed as a result of conviction for a criminal offense, and any legal fees and costs incurred to defend criminal prosecution in which a conviction is obtained; and

Any indemnification or defense prohibited by law.

In the event legal representation or defense 1s provided pursuant to this Resolution, the Board member and/or officer may either:

Retain legal counsel appointed by the District, in which case legal counsel  shall be paid directly by the District; or

Retain legal counsel chosen by the Board member and/or officer, in which case the District shall have the right to:

1.	Approve, in advance, any agreement for legal fees or disbursements; and

Pay all or part of the legal fees, costs and other disbursements and to set a maximum for legal fees, costs and other disbursements; and
111.	Direct the defense and settle or compromise the action or claim; and  1v.	Reduce or offset any monies that may be payable by the District by any
court costs or attorneys' fees awarded to the Board member or officer.

The benefits of the policy adopted in this Resolution shall not enlarge the rights that would have been available to any third-party plaintiff or claimant in the absence of this policy.

To the extent permitted by law, this policy shall inure to the benefit of the heirs, personal representatives and estate of the Board member and/or officer.

The District reserves the right to change, modify or withdraw this Resolution in  its sole discretion, except as to actions, demand or other claims based on acts or omissions that occurred before the effective change, modification or withdrawal of this Resolution.

This Resolution shall be effective as of its adoption on the date listed below and shall apply to any acts or omissions occurring after that date.

Adopted this 6th day of May, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

SecretaryIAssistant Secretary	Chairman/Vice Chairman

S ECTION D

 	   -	-	·-··--·	.

RESOLUTION 2021-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT RATIFYING THE FILING OF  THE  NOTICE  OF ESTABLISHMENT FOR THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT.

WHEREAS, the Storey Drive Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Orlando, Florida;

WHEREAS, the District was established by City of Orlando, Florida, Ordinance No.
2021-10, dated March 22, 2021; and

WHEREAS, the District is required to file a "Notice of Establishment" within  the property records of Orange County, Florida pursuant to Chapter 190.0485, Florida Statutes and such notice was recorded on April 19, 2021, at Doc. No. 20210235180, in the Public Records of Orange County.

WHEREAS, the District's Board of Supervisors (the "Board"), in  accordance  with Florida Statutes, desire to approve the filing of such notice.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

The District ratifies the actions of the District Manager and District Counsel in preparing, executing and recording the Notice of Establishment attached hereto as Exhibit A within the property records of the Orange County, Florida.

PASSED AND ADOPTED THIS 6th DAY OF MAY, 2021.

ATTEST:	STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice-Chairperson

Exhibit "A": Notice of Establishment

nns INSTRUMENT PREPARED BY AND RETURN TO:
Jan A. Caipenter, Esq.
Latham, Luna, Eden & Beaudine, LLP
P.O. Box 3353 Orlando, Florida 32802

DOC# 20210235180
04/19/2021 15:30 PM Page 1 of 3
Rec Fee: $27 .00
Deed Doc Tax: $0.00 Mortgage Doc Tax: $0.00 Intangible Tax: $0.00
Phil Diamond, Comptroller Orange County, FL
Ret To: SIMPLIFILE LC

ABOVE SPACE RESERVED FOR
RECORDING PURPOSES ONLY

NOTICE OF ESTABLISHMENT OF THE
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

This Notice of Establishment of the Storey Drive Community Development District is recorded pursuant to the requirements of Section 190,0485, Florida Statutes. The Storey Drive Community Development District (the "District") was established pursuant to the Council for the City of Orlando Ordinance Number 2021-10 of the City of Orlando, Florida, adopted March 22, 2021.
The legal description of external boundaries of the Storey Drive Community Development District, is attached hereto as Exhibit "A" and incorporated by reference herein.
THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS, OR BOTH TAXES AND ASSESSMENTS, ON TffiS PROPERTY. THESE TAXES AND ASSESSMENTS PAY THE CONSTRUCTION, OPERATION AND MAINTENANCE COSTS OF CERTAIN PUBLIC FACILITms 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 BYLAW,
For information about the District, the District's Manager may be contacted at:
Storey Drive Community Development District
c/o Governmental Management Services - Central Florida, LLC 219 E. Livingston Street
Orlando, Florida 32801
Phone: 407.841.5524

20210235180 Page 2 of 3

NOTICE OF ESTABLISHMENT OF THE
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT, a
Florida community development district

By:	 	 		 	!'--
Print: George S. Flint Title: Secretary

STATE OF FLOKU>A COUNTYOF	(..,tf; <
The foregoing instrument was acknowledged before me by means of £6Physical presence or LJ online notarization, this day of April, 2021, by George S. Flint, as Secretary of the Storey Drive Community Development District, on its behalf. Said person is [ ] personally known to me or [ ] has produced a valid driver's license as identification.

( 
No	Public; Slate of.J.:lorida
Print""  ame:  V l\   l t<A  ) or- S	. My Commission Expires: 7 - h- d'-:-;:, My Commission No.: 6tG 3,1..r71q1,

20210235180   Page 3 of 3

EXIIlBIT "A"

Metes and Bounds Legal Description oftbe External Boundaries of the Storey Drive Community Development District

A Parcel of land In the North Half of Section 30, Township 23 South, Range 29 East lying in Orange County, Florida,

Being more particularly described as:

BEGINNING at the Northeast corner of Section 30, Township 23 South, Range 29 East; thence run South 00°13'22" East along the East llne of the Northeast Quarter of said Section 30 for a distance of 1306.93 feet to the Northeast corner of Block 6, Tangelo Park Section Five as recorded In Plat Book Y, Page 61 of the Public Records of Orange County, Florida; thence run South 89°50'55" West along the North line of said Block 6 for a distance of 136.58 feet to the Northwest corner of said Block 6 and a point on the East right of way line of Pomelo Drive as recorded in the aforesaid Plat of Tangelo Park Section Five; thence run North 00°10'19" West along said East right of way line for a distance of 30.00 feet to the intersection with the North right of way llne of Vanguard Street as recorded in the aforesaid Plat of Tangelo Park Section Five; thence departing the East right of way line of said Pomelo Drive run South 89°50'55" West along the North right of way line of said Vanguard Street for a distance of 2519.04 feet to the Northwest corner of aforesaid Plat of Tangelo Park Section Five and a point on the West line of the Northeast Quarter of aforesaid Section 30; thence run North 00°10'19" West along the West line of the Northeast Quarter of said Section 30 for a distance of 735.81 feet to a point on the Easterly right of way line of International Drive as recorded in Official Records Book 10665, Page 606 of the Public Records of Orange County, Florida, said point being on a non tangent curve, concave Northwesterly having a radius of 687.53 feet and a central angle of 07°59'43" with a chord bearing of North 24°17'28" East, and a chord distance of
feet; thence run Northeasterly along the arc of said curve and along said Easterly right of way line for a distance of 95.94 feet to a point on a non tangent line; thence departing said Easterly right of way line run South 65°01'32" East for a distance of 50.81 feet to the point of curvature of a curve, concave Northeasterly having a radius of 1451.00 feet and a central angle of 25°03'23" with a chord bearing of South 77°33'45" East, and a chord distance of 629.50 feet; thence run Southeasterly along the arc of said curve for a distance of 634.55 feet to the point of tangency; thence run North 89°54'33" East for a distance of 90.91 feet; thence run North 00°12'35" West for a distance of 619.60 feet to a point on the North line of the Northeast Quarter of aforesaid Section 30; thence run South 89°56'24" East along said North line for a distance of 1863.96 feet to the POINT OF BEGINNING.

Containing 2,955,246 square feet or 67.84 acres more or Jess.

S ECTION E

RESOLUTION 2021-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT, ADOPTING THE ALTERNATIVE INVESTMENT GUIDELINES FOR INVESTING PUBLIC FUNDS IN EXCESS OF AMOUNTS NEEDED TO MEET CURRENT OPERATING EXPENSES, IN ACCORDANCE WITH SECTION 218.415(17), FLORIDA STATUTES

WHEREAS, the Board of Supervisors, hereinafter referred to as the "Board" of the Storey Drive Community Development District, hereinafter referred  to as "District" is required to adopt an investment policy in accordance with Section 218.415, Florida Statutes, and

WHEREAS, the Board desires to adopt the alternative investment guidelines for the investment of public funds in excess of amounts needed to meet current operating expenses, in accordance with Section 218.415, Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

The District hereby adopts the alternative investment guidelines for the investment of public funds in excess of the amounts needed to meet current operating expenses, in accordance with Section 218.415(17), Florida Statutes. The District may invest in the following instruments and may divest itself of investments, at prevailing prices or rates:
The	Local	Government	Surplus	Trust	Fund,	or	any
intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act, as provided in Section 163.01, Florida Statutes.
Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency.
Interest-bearing time deposits or savings accounts in qualified public depositories, as defined in Section 280.02, Florida Statutes.
Direct obligations of the U.S. Treasury.

Securities listed in paragraphs c and d shall be invested to provide sufficient liquidity to pay obligations as they come due.

This Resolution shall become effective this 6th day of May, 2021.

Secretary/ Assistant Secretary	Chairman/Vice Chairman

S ECTION F

RESOLUTION 2021-10

A	RESOLUTION				OF		THE		STOREY		DRIVE COMMUNITY				DEVELOPMENT		DISTRICT AUTHORIZING			THE	DISTRICT	MANAGER, TREASURER	TO		EXECUTE		THE		PUBLIC DEPOSITORS		REPORT,	AND		FURTHER AUTHORIZING THE EXECUTION OF ANY AND ALL OTHER FINANCIAL REPORTS; PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Storey Drive Community Development District has established the position of Treasurer for the purpose of maintaining the financial records of the District.

NOW, THEREFORE, BE IT RESOLVED BY THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS AS FOLLOW:

The District Manager or Treasurer are hereby authorized on behalf of Storey Drive Community Development District to execute the public depositor report to the Office of the Treasurer as required by Chapter 280, Florida Statutes, and any and all other financial reports required by any other rule, statute, law ordinance or regulation.

This Resolution shall be effective immediately upon adoption.

THIS	RESOLUTION	INTRODUCED	and	ADOPTED	by	the
BOARD OF SUPERVISORS at their organizational meeting on the 6th day of May, 2021.

Chairman/Vice Chairman

Secretary/ Assistant Secretary

S ECT-I ON G

RESOLUTION 2021-11

A RESOLUTION OF THE BOARD OF SUPERVISORS OF STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE PUBLIC'S OPPORTUNITY TO BE HEARD; DESIGNATING PUBLIC COMMENT PERIODS; DESIGNATING  A  PROCEDURE TO IDENTIFY INDIVIDUALS SEEKING TO BE HEARD; ADDRESSING PUBLIC DECORUM; ADDRESSING EXCEPTIONS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the Storey Drive Community Development District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in the City of Orlando, Orange County, Florida; and

WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt resolutions as may be necessary for the conduct of District business; and

WHEREAS, Section 286.0114, Florida Statutes, requires that members of the public be given a reasonable opportunity to be heard on a proposition before a board or commission; and

WHEREAS, Section 286.0114, Florida Statutes, sets forth guidelines for rules and policies that govern the public's opportunity to be heard at a public meeting; and

WHEREAS, the District's Board of Supervisors ("Board") finds that it is in the best interests of the District to adopt by resolution a policy (the "Public Comment Policy") for immediate use and application.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

SECTION  1.	DESIGNATING   PUBLIC COMMENT  PERIODS.	The District's
Chairperson, his or her designee, or such other person conducting a District meeting ("Presiding Officer"), shall ensure that there is at least one period of time ("Public Comment Period") in the District's meeting agenda whereby the public has an opportunity to be heard on propositions before the Board, as follows:

An initial Public Comment Period shall be provided at the start of each Board meeting before consideration of any propositions by the Board. In the event there are propositions that come before the Board that are not listed on the agenda, the Presiding Officer shall announce a Public Comment Period on such proposition prior to the Board voting on the matter.

Storey Drive CDD Resolution 2021-11
Setting Public Comment Period

Speakers shall be permitted to address any agenda item or non-agenda matter(s)  of personal or general concern, during the initial Public Comment Period.

Individuals wishing to make a public comment are limited to three (3) minutes per person. Potential speakers may not assign his/her three (3) minutes to extend another speaker's time.

The Presiding Officer may extend or reduce the time periods set forth herein in order to facilitate orderly and efficient District business, provided however that a reasonable opportunity for public comment shall be provided consistent with the requirements of Section 286.0114, Florida Statutes. The Presiding Officer may also elect to set and announce additional Public Comment Periods if he or she deems it appropriate.

SECTION 2.	DESIGNATING A PROCEDURE TO IDENTIFY INDIVIDUALS
SEEKING TO BE HEARD. Unless otherwise directed and declared by the Presiding Officer, individuals seeking to be heard on propositions before the Board shall identify themselves by a show of hands at the beginning of each Public Comment Period, as announced by the Presiding Officer. Alternatively, in the event that public attendance is high, and/or if otherwise in the best interests of the District in order to facilitate efficient and orderly District business, the Presiding Officer may require individuals to complete speaker cards that include the individual's name, address, the proposition on which they wish to be heard, the individual's position on the proposition (i.e., "for," "against," or "undecided"), and if appropriate, to indicate the designation of a representative to speak for the individual or the individual's group. In the event large groups of individuals desire to speak, the Presiding Officer may require each group to designate a representative to speak on behalf of such group. Any attorney hired to represent an individual or company's interests before the Board shall notify the Board of such representation prior to proving any public comment.

Sections 1 and 2 herein shall be deemed to apply only to District Board meetings, but the Presiding Officer of a District workshop in his or her discretion may elect to apply such Sections to District workshops.

SECTION 3. PUBLIC DECORUM. The following policies govern public decorum at public meetings and workshops:

Each person addressing the Board shall proceed to the place assigned  for speaking, and should state his or her name and address in an audible tone of voice for the public record.

All remarks shall be addressed to the Board as a body and not to any member thereof or to any staff member. No person other than a Board Supervisor or District staff member shall be permitted to enter into any discussion with an individual speaker while he or she has the floor, without the permission of the Presiding Officer.

Nothing herein shall be construed to prohibit the Presiding Officer from maintaining orderly conduct and proper decorum in a public meeting. Speakers shall refrain from disruptive behavior, and from making vulgar or threatening remarks. Speakers shall refrain from launching personal attacks against any Board Supervisor, District staff member, or member of the public. The Presiding Officer shall have the discretion to remove any speaker who disregards these  policies from the meeting.

In the case that any person is declared out of order by the Presiding Officer and ordered expelled, and does not immediately leave the meeting facilities, the following steps may be taken:

1.	The Presiding Officer may declare a recess.
11.	The Presiding Officer may contact the local law enforcement authority.
111.    In case the person does not remove himself or herself from the meeting,    the Presiding Officer may request that he or she be placed under arrest by local law enforcement authorities for violation of Section 871.01, Florida Statutes, or other applicable law.

SECTION 4. EXCEPTIONS. The Board recognizes and may apply all applicable exceptions to Section 286.0114, including those set forth in Section 286.0114(3) and other applicable law. Additionally, the Presiding Officer may alter the procedures set forth in this Public Comment Policy for public hearings and other special proceedings that may require a different procedure under Florida law.

SECTION 5. SEVERABILITY.  If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. Furthermore, upon its passage this Resolution supersedes any Public Comment Policy previously adopted by the District.

PASSED AND ADOPTED this 6th day of May, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

 	

Print Name:- - - - - - - - -
SecretaryIAssistant Secretary

Chairperson/Vice Chairperson

S ECTION H

RESOLUTION 2021-12

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT PROVIDING A POLICY FOR THE REIMBURSEMENT OF DISTRICT TRAVEL EXPENSES; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, Storey Drive Community Development District (the "District")  is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in City of Orlando, Orange County, Florida; and
WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt resolutions as may be necessary for the conduct of District business; and
WHEREAS, the District recognizes that its board members, employees, consultants, or advisors may undergo travel in connection with the performance of their official duties, and that they may incur usual, ordinary, and incidental expenses in relation to such travel; and
WHEREAS, the District's Board of Supervisors (the "Board") finds that it is in the best interest of the District to adopt by resolution a policy (the "Travel and Reimbursement Policy") for immediate use and application.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. GENERAL PROVISIONS.

The usual, ordinary, and incidental travel expenditures necessarily incurred by District board members, employees, consultants, or advisors in the performance  of their official duties shall be reimbursed by the District. Each board member's city of residence shall be his or her official headquarters for purposes of travel expense reimbursement.
Except as otherwise provided, prior authorization for travel is not required, but reimbursable expenses will be limited to those expenses incurred in the performance of official duties undertaken in connection with such public purposes as the District has been authorized by law to perform.

All claims submitted for reimbursement must be accompanied by a written statement that they are true and correct as to every material matter.

SECTION 2. TRANSPORTATION.

All travel must be by a reasonably direct or usually traveled route. In the event a person travels by an indirect route for his own convenience, any additional cost shall be borne by the traveler and reimbursement for expenses shall be based on the usually traveled route.

Commercial travel shall be by the most economical method, tourist or coach class. First class rates will be paid only in the event that a statement is attached to the claim certifying that tourist or coach seating was unavailable.

When available without penalty for cancellation, travelers should take advantage of discount fares.

Transportation by common carrier when traveling on official business and paid for by the traveler shall be substantiated by a receipt.

Rental car expenses shall be substantiated by a copy of the rental agreement.

Whenever travel is by a privately-owned vehicle, the traveler shall be entitled to a mileage allowance at the fixed rate per mile as established by the legislature in Section 112.061, Florida Statutes. Should the State increase the mileage allowance specified in Section 112.061, Florida Statutes, the District shall, without further action by the Board, be permitted to reimburse travelers at the increased rate.

	All mileage shall be from point of origin to point of destination. When travel commences from a location other than the traveler's official headquarters, mileage shall be calculated on the basis of the distance from the headquarters city to the point of destination, unless the actual distance is shorter. Vicinity  mileage necessary for conduct of official business is allowable, but must be identified as a separate item on the claim for reimbursement of expenses.

No traveler shall be allowed either mileage or transportation expense whens/he is gratuitously transported by another person, or when he is transported by another traveler who is entitled to mileage or transportation expense. However, a traveler  on a private aircraft shall be reimbursed the actual amount charged and paid for her/his fare for such transportation up to the cost of a commercial airline ticket for the same flight if one is available, even though the owner or pilot of the aircraft is also entitled to transportation expense for the same flight.

SECTION 3. INCIDENTAL EXPENSES

Reasonable travel-related expenses for meals, lodging, gratuities, taxi fares, tolls, parking fees, and business-related telephone, telegraph, and facsimile  charges shall also be reimbursed if substantiated by receipts.

Reimbursement for meals shall not exceed $6 for breakfast, $11 for lunch, and
$19 for dinner. Should the State increase the meal allowances specified in Section 112.061, Florida Statutes, the District shall, without further action by the Board,  be permitted to reimburse travelers based on the increased limits.

Registration fees and other actual and necessary expenses for conventions, conferences and seminars which will serve a direct public purpose related to District activities will be considered reimbursable if persons attending such meetings receive prior approval. In the event room or meal expenses are included in the registration fee, reimbursement for these expenses will be reduced accordingly.

SECTION 5. SEVERABILITY. If any provision of this resolution is held  to  be  illegal  or  invalid, the other provisions shall remain in full force and effect.

SECTION 6. EFFECTIVE DATE. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.
PASSED AND ADOPTED THIS 6th DAY OF MAY, 2021.

ATTEST:	STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

Secretary/ Assistant Secretary	Chairman/Vice Chairman

SECTION I

RESOLUTION 2021-13

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT PROVIDING FOR THE APPOINTMENT OF A RECORDS MANAGEMENT LIAISON OFFICER; PROVIDING THE DUTIES OF THE RECORDS MANAGEMENT LIAISON OFFICER; ADOPTING A RECORDS RETENTION POLICY; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE.

WHEREAS, the Storey Drive Community Development District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 190,  Florida Statutes, being situated in the City of Orlando, Orange County, Florida; and

WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt rules to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of district business; and

WHEREAS, Section 1.2(2) of the District's Proposed Rules of Procedure appoints the Secretary of the District as the District's records custodian; and

WHEREAS, Section 257.36(5), Florida Statutes, requires the District to establish and maintain an active and continuing program for the economical and efficient management of records and to provide for the appointment of a records management liaison officer ("Records Management Liaison Officer"); and

WHEREAS, the District desires for the Records Management Liaison Officer to be an employee of the District or an employee of the District Manager; and

WHEREAS, the District desires to authorize the District's records custodian to appoint a Records Management Liaison Officer, which may or may not be the District's records custodian; and

WHEREAS, the District desires to prescribe duties of the Records Management Liaison Officer and provide for the assignment of additional duties; and
WHEREAS, the District's Board of Supervisors ("Board") finds that it is in the best interests of the District to adopt by resolution a Records Retention Policy (the "Policy") for immediate use and application; and

WHEREAS, the District desires to provide for future amendment of the Records Retention Policy.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The District hereby authorizes the District's records custodian to appoint a Records Management Liaison Officer and report such appointment to the appropriate State of Florida agencies. A Records Management Liaison Officer shall be an employee of the District or the District Manager. The Board, and the District's records custodian, shall each have the individual power to remove the Records Management Liaison Officer at any time for any reason. Immediately following the removal or resignation of a Records Management Liaison Officer, the District's records custodian shall appoint a replacement Records Management Liaison Officer.

SECTION 2. The duties of the Records Management Liaison Officer shall include the following:
serve as the District's contact with the Florida Department of State, State Library and Archives of Florida; and
coordinate the District's records inventory; and
maintain records retention and disposition forms; and
coordinate District records management training; and
develop records management procedures consistent with the attached Records Retention Policy, as amended; and
participate in the development of the District's development of electronic record keeping systems; and
submit annual compliance statements; and
work with the Florida Department of State, State Library and Archives of Florida to establish individual retention schedules for the District, from time to time and as may be necessary; and
such other duties as may be assigned by the Board or the District's records custodian in the future.

SECTION 3. The District hereby adopts as its Records Retention Policy the applicable provisions of Section 257.36(5), Florida Statutes, the rules adopted by the Division of Library and Information Services of the Department of State ("Division") pursuant to Section 257.36, Florida Statutes, and the General Records Schedules established by the Division. However, the District hereby extends the minimum retention guidelines contained in the General Records Schedules so that the District will retain all public records relating to District business until the Board of Supervisors amends the Records Retention Policy to address the disposition of the same. To the extent the above statute, rules, or schedules are amended or supplemented in the future, the District's Records Retention Policy shall automatically incorporate such amendment or supplement provided that such automatic amendment does not permit the disposition of District records without further action of the Board. The Records Retention Policy shall remain in full force and effect until such time as the Board amends the Policy.
SECTION 4. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.
SECTION 5. This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed. Furthermore, upon its passage this resolution supersedes any Records Retention Policy previously adopted by the District.

PASSED AND ADOPTED this 6th day of May, 2021.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

 	

Print Name:-	-	-	-	-	-	-	-
SecretaryIAssistant Secretary

Chairman/Vice Chairman

S ECTION M

Customized ADA Compliant Website Proposal
for:
Storey Drive
Community DevelopmentDistrict
April 27, 2021

R	ALIGN
WEB DESIGN
Project Scope

Website Design Overview
Project Background and Description
Storey Drive COD (the client) is seeking an ADA compliant website.

Project Scope
ReAlign Web Design (the company) will create and design a new website for the client. The website will aim to portray the CDD in a professional image while serving several functions such as; district information center, document storage, Florida statute requirement fulfillment, and ADA compliance.

The website will have standard security including antivirus, firewall and SSL encryption. The website will be compliant with Section 508 of the Americans with Disabilities Act (ADA) and will maintain a conformance level of AA with the Web Content Accessibility Guidelines 2.0 (WCAG 2.0).

The project is considered finished when the client is satisfied with the implementation of the website provided, within reason. The company will provide an invoice upon completion and implementation of the website. Any further revisions beyond the finished website may be subject to a fee.

Deliverables
The company: One completed website, site content and images, website security, antivirus and firewall, SSL implementation, domain transfer (if necessary), DNS and hosting setup, ADA Section 508 compliance and WCAG 2.0 AA conformity.

The client: Payment upon completion and invoice receipt and any content required to complete the project within the scope of work including proprietary property.

Price - $1,750 Upon Completion
The company will bill $1,750 upon completion of the finished website and acceptance by the client.

High-Level Timeline/Schedule
The company will utilize best efforts to deliver the completed website within one month of an executed agreement and authority to proceed.

R	ALIGN.
WEB DESIGN
Demo Content - Everything is Customized
Custom Website Design
Featuring a welcome page with public information, community features and documents.

Your Custom
Cornmunity Developrnent District

COD Infonnation
This Comn-.,nity o-lopment District is a loc.al. special purpose _,..,....,i entity authorized by Oiapter 190 of tho Florida Statutes as -.	and Cl'Mted by ordinance ol true City ol Oavenpo,t as an alternative ffllll1od al plannin!l, _,..._ opentlng and mainlaining community-Irids imprc,,ements In plAnned CO<'M1Ullities. A COO Jl(ouides tho
•-	lo florida's need lo pro,;de valuable mmrnunlty ln!raotructure	by
c,owth. ultimale!y wilhoul overbwdening other	and their ta>paying residents.

F«..-lnformationrepr<linsthoCDD, pl-     -	The ManapmontSo!vitt:

w,..,Sttttt
°""""', florido3212t!
T<!:lt07J55S-SSSS

COlnnu1lty DewlopmOnl Districts repment • major-"

in Flor1da's effort lo

F.n:(407).SSS-SSSS

manatll'! ils g,owth ello<wely and effidently. '1111s allo111s a	to etalllish highor
mnstruction -n:ts-,	p,,,idi •  lorg-tenn-	1D  the   oporation  and

moin11!nancecif thea,mmunity's fllalities.

DISTRICT DOC.iH,ttNTs.

Document Storage
Quickly search, find, and download community documents like budgets, notices, and more.

RESIDOl'I INFORMIITION    a»ITACT ACCES5111UTV	 	

Document Ubrary

Community Calendar
< 2020 >
November

>

SUMoTuW•Th

I
a

2      3
,     10

Fr    SI
5      I	1

11 12

11 ,.

V ARCForms

IS !& 17 1! 19

ll

29 30

v ARC Ai,pllcationsFAQ

I

R	ALIGN
WEB DESIGN

Community Information
Display the current board, meeting notices, and other important information.

BOARD OF DIRECTORS
CDDBoard

TROY GRAY	JULY WOOD	NICO VULTURE	RICHY LACE
BOA.RO ME"'6ER	BOARO MEMBER	BOARD MEMBER	BOARD  MEMBER
fWSr:I	f W SCI	fWISICI	f  w s  Cl
l0<em lp$um dolor alt amet.	lorem ipsun<IOIO< Sit ernet,	Lorem lpsum dolor sit omet,	lo,em fpsum dolor sit amet, consectetuer edipisclnc ellt.	consi,ctetuer adiplsclnc ef1t,	conaectetuer adiploc:ine eit,	consectetuer edlpbcfnc elit, Mddlamnor.ummynlbh.	led diam norunmy nlbh.	Hd diam nonummy ni>h.	seo diam nonummy nlbh

Easy Contact

Custom contact options that notify the board and/or management company.

GET IN TOUCH

q
North Meadow
Softball Field 12

l -

Parkft
tr1tl'II T

Sesam Street 323b, 4010,
We're open Monday- Friday. 8 am. - 7:30 p.rr.
EST

Page 4 of 6

R	ALIGN
WEB DESIGN

ADA Compliance Testing (Optional)
Testing Methodology
All tests are conducted in accordance with Section 508 of the Americans with Disabilities Act (ADA) and a conformance level of AA with the Web Content Accessibility Guidelines
(WCAG 2.0) and for both desktop and mobile versions of each website.

The automated tests incorporate the world's most comprehensive audit accessibility rule engine and remediation service which is continuously updated to reflect the latest WCAG and Section 508 requirements set forth by the US Government and regulatory bodies. Criteria includes usage of the following: Screen readers, screen magnifiers, speech to text software, keyboard only navigation, text and link adaptability, color contrast analyzers, and other automated scanning software.

Our four-point testing methodology:
Perceivable: Ensuring content and information are available for all users.
Operable: User interface and navigation must be operable and compatible with keyboard or mouse inclusive of those with various disabilities.
Understandable: User-friendly and easy to comprehend.
Structure: The website's coding provides an accessible end-user experience.

Upon satisfactorily completing the test for ADA compliance, we will provide the following:

ADA Website Compliance Seal
ADA Website Testing Report of Automated Audit

Price - $960 Annually
Includes quarterly (four annual) automated audit tests with a summary report for each test.

Failed audits can be retested at $325 per test. The fee includes a one-hour digital consultation to review the failed report. All issues identified are described and include appropriate remediation suggestions detailed with supporting documents such as screenshots of violations, html code snippets, and context to relevant ADA guidelines for immediate resolution and retesting.

R	ALIGN
WEB DESIGN

Indemnification: The Company warrants that all accessibility compliance seals warrant a passing grade from the UserWay accessibility testing widget at the time of testing according to the standards set forth by UserWay. The Company does not independently verify the accuracy of accessibility tests. The Client specifically recognizes and acknowledges that ADA Section 508 guidelines and WCAG 2.0 guidelines are constantly changing and that at the time of this Agreement there is no single definitive authority on digital accessibility standards. Upon acceptance of the completed website, the Client assumes title to the website along with all responsibility for maintaining ADA 508 and WCAG 2.0 conformity and compliance. At the moment of transfer of title of the website to the Client and thereafter in perpetuity, the Client shall indemnify, defend and hold Company and its owners, shareholders, officers, directors, partners, partnerships, affiliates, subsidiaries, divisions or employees, authorized agents, independent contractors and permitted assigns ("Company Indemnified Parties") harmless from and against any and all claims, suits, actions, demands, and proceedings of any kind ("Claims"), threatened, asserted or filed against Company or any and all Company Indemnified Parties by any third party, and any damages, losses, expenses, liabilities or costs of any kind (including but not limited to reasonable attorneys' fees, witness fees and court costs) which may be incurred in connection with such Claims (including those necessary to successfully establish the right to indemnification), regarding non-compliance with any ADA Section 508 guidelines and WCAG 2.0 guidelines or similar regulations and cannot be held liable for any lawsuits arising therefrom.

SECTION A

S ECTION 1

IIGreenbergTraurig
STEPHEN  D. SANFORD, ESQ.
WEST PALM BEACH OFFICE
DIRECT DIAL: 561-650-7945
E-MAIL: sanfords@gtlaw.com

April 14, 2021

Board of Supervisors of Storey Drive Community Development District
c/o Governmental Management Services - Central Florida, LLC 219 East Livingston Street
Orlando, FL 32801 Attention: George Flint

Re:	Storey Drive Community Development District Special Assessment Bonds, Series 2021

Dear Board of Supervisors:
Greenberg Traurig, P.A. would be pleased to serve as Bond Counsel to the Storey Drive Community Development District (the "District") in connection with the above-referenced proposed special assessment bond issue (the "Bonds") to be issued to finance certain public infrastructure improvements (herein, the "Project") and the costs of issuance of the Bonds.

We would propose to perform all of the services customarily performed by bond counsel, including necessary tax analysis in connection with the issuance of the above-referenced Bonds under a master trust indenture and one or more supplemental trust indentures (which we shall prepare), the preparation of all bond resolutions, the drafting of all closing papers, the delivery of our tax opinion to the investors, providing assistance in the preparation of a preliminary and final limited offering memorandum and the validation of the Bonds. For our services, we would propose a legal fee of $55,000 per issue.  We would like to point out that our Firm will provide  an unqualified tax opinion subject to additional tax diligence in light of the Villages TAM. We would also assist District Counsel in the validation of the Bonds. In addition,  we would review all required assessment proceedings prepared by District Counsel on the District Manager.
We will also seek reimbursement of our reasonable documented expenses; such fees and expenses payable at, and contingent upon, the closing of the Bond issue (other than our expenses which are not contingent on the closing of the Bonds). Our out-of-pocket expenses,  for which  we will bill the District at the time of delivery of the Bonds, will not include the cost of preparing the final bond transcripts. Such item will be a post-closing matter and will be billed to the  District at cost. Our fees assume that the requirements of Circular 230 will not be applicable to the Bonds; but in any event could not exceed the above stated amounts without notice to the Board of Supervisors.

Greenberg Traurig, P.A. I Attorneys at Law
777 South Flagler Drive I Suite 300  I West Palm Beach, Florida 33401  ! T +1 561.650.7900 I F +1 561.655.6222	
www.gtlaw.com

If for any reason the District is unable to complete its financing or shall abandon issuing the Bonds utilizing special assessment bonds to finance the costs of the Project, our proposed bond counsel fee would be payable in the amount described below on or before the close of calendar year 2021. Such amount due would be equal to our normal hourly rates, discounted by 10%, plus our reasonable documented out-of-pocket expenses. In all cases, if we were to be paid under such formula, our total fee for services provided as bond counsel would not exceed
$55,000 per issue. We presume that under that scenario, where there are no bond proceeds available to pay our fees, payment would be made from general fund moneys of the District or moneys provided by the primary landowner/developer.

If our fee quote is acceptable to you, please indicate by signing below  and  return  the same to me.
If you have any questions, please feel free to give me a call. We look forward to the opportunity to work with you on this financing.

Very truly yours,

GREENBERG TRAURIG, P.A.

Stephen D. Sanford, Shareholder

Agreed and Accepted:

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

By:_ _ _

_ _ _

_ _ _

_ _ _

Name:_  _   _  _
Title:_  _   _  _

_   _   _ _
_   _   _ _

_ _ _
_ _ _ _

Date:    	

50481401v1/192721.010100

2

SECTION 2

AGREEMENT BETWEEN THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT AND POULOS & BENNETT, LLC FOR INTERIM PROFESSIONAL ENGINEERING SERVICES

THIS AGREEMENT made and entered into this_ day of _ _ _ _ _ _
2021, by and between:

_ _ _ ,

Storey Drive Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of Orlando, Orange County, Florida ("District"); and

Poulos & Bennett, LLC, a Florida corporation, with a mailing address of 2602 East Livingston Street, Orlando, FL 32803 ("Engineer").

WHEREAS, the District is a local unit of special-purpose government established pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes ("Uniform Act"), by ordinance of the City of Orlando, Florida; and

WHEREAS, the District is authorized to plan, finance, construct, install, acquire and/or maintain improvements, facilities and services in conjunction with the development of the lands within the District; and

WHEREAS, the District intends to employ Engineer on an interim basis to perform engineering, surveying, planning, landscaping, construction administration, environmental management and permitting, financial and economic studies, as defined by a separate work authorization; and

WHEREAS, the Engineer shall serve as District's professional representative in each service or project to which this Agreement applies and will give consultation and advice to the District during performance of his services.

NOW, THEREFORE, for and in consideration of the mutual  covenants  herein  contained, the acts and deeds to be performed by the parties and the payments by the District to the Engineer of the sums of money herein specified, it is mutually covenanted and agreed as follows:

Article 1.	Scope of Services

The Engineer will provide general engineering services, including:

Preparation of any necessary reports and attendance at meetings of the District's Board of Supervisors.
Assistance in meeting with necessary parties involving bond  issues, special reports, feasibility studies, or other tasks.

Any other items requested by the Board of Supervisors.

Article 2. Method of Authorization. Each service or project shall be authorized in writing by the District. The written authorization shall be incorporated in a Work Authorization which shall include the scope of work, compensation, project schedule, and special provisions or conditions specific to the service or project bring authorized. Authorization of services  or projects under the contract shall be at the sole option of the District.

Article 3. Compensation. It is understood and agreed that the services rendered by Engineer under this contract shall not exceed $25,000. It is further understood and agreed  that  the payment of compensation for services under this contract shall be stipulated in each Work Authorization. One of the following methods will be utilized:

Lump Sum Amount - The District and Engineer shall mutually agree to a lump sum amount for the services to be rendered payable monthly in direct proportion to the work accomplished.

Hourly Personnel Rates - For services or projects where scope of services is not clearly defined, or recurring services or other projects where the District  desires the use of the hourly compensation rates outlined in Schedule "A."

Article 4. Reimbursable Expenses. Reimbursable expenses consist of actual expenditures made by Engineer, its employees, or its consultants in the interest of the project for the incidental expenses as listed as follows:

Expenses of transportation and living when traveling in connection with a project, for long distance phone calls and telegrams, and fees paid for securing approval of authorities having jurisdiction over the project. All expenditures shall be made m accordance with Chapter 112, Florida Statutes, and with the District's travel policy.

Expense of reproduction, postage and handling of drawings and specifications.

Article 5. Term of Contract. It is understood  and  agreed  that this contract  is for interim engineering services. It is further understood  and agreed that the term of this contract  will be from the time of execution of this contract by the parties until such time as the District notifies Engineer that is has entered into a subsequent agreement for engineering services.

Article 6. Special Consultants.  When  authorized  in  writing  by  the  District, additional special consulting services may be utilized by Engineer and paid for on a cost basis.

Article 7. Books and Records. Engineer shall maintain comprehensive  books and records relating to any services performed under this Agreement, which shall be retained by Engineer for a period of at least four (4) years from and after completion of any services hereunder. The District, or its authorized representative, shall have the right to audit such books and records at all reasonable times upon prior notice to Engineer.

Article 8.	Ownership of Documents.

All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Engineer pursuant to this Agreement (the "Work Product") shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.

The Engineer shall deliver all Work Product to the District upon completion thereof unless it is necessary for Engineer in the District's sole discretion, to retain possession for a longer period of time. Upon early termination of Engineer's services hereunder, Engineer shall deliver all such Work Product whether complete or not. The District shall have all rights to use any and all Work Product. Engineer shall retain  copies of the Work Product for its permanent records, provided the Work Product is not used without the District's prior express written consent. Engineer agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise materialized, would be reasonably identifiable with the Project. If said work product is used by the District for any purpose other than that purpose which is intended by this Agreement, the District shall indemnify Engineer from any and all claims and liabilities which may result from such re-use, in the event Engineer does not consent to such use.

The District exclusively retains all manufacturing rights to all materials or designs developed under this Agreement. To the extent the services performed under this Agreement produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the District as the author, creator, or inventor thereof upon creation, and the District shall have all rights therein including, without limitation, the right of reproduction, with respect to such work. Engineer hereby assigns to the District any and all rights Engineer may have including, without limitation, the copyright, with respect to such work. The Engineer acknowledges that the District is the motivating factor for, and for the purpose of copyright or patent, has the right to direct and supervise the preparation of such copyrightable or patentable materials or designs.

Article 9. Accounting Records. Records of Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times.

Article 10. Reuse of Documents. All documents including drawings and specifications furnished by Engineer pursuant to this Agreement are instruments of  service. They are not intended or represented to be suitable for reuse by District or others on extensions of the work for which they were provided or on any other project. Any reuse without specific written consent by Engineer will be at the District's sole risk and without liability or legal exposure to Engineer.

Article 11. Estimate of Cost. Since Engineer has no control over the cost of labor, materials or equipment or over a contractor's(s') methods of determining prices, or over competitive bidding or market conditions, his opinions of probable cost provided as a service hereunder are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost prepared by him. If the District wishes greater assurance as to the construction costs, it shall employ an independent cost estimator at its own expense. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and justify additional fees.

Article 12.  Insurance.   Engineer shall, at its own expense, maintain insurance during the performance of its services under this Agreement, with limits of liability not less than the following:

Bodily Injury
(including Contractual)	$500,000/$1,000,000	
Property Damage	$500,000/$1,000,000	
(including Contractual)		
Automobile Liability		
Bodily Injury	$500,000/$1,000,000	
Property Damage	$100,000	

Workers Compensation	Statutory General Liability

Professional Liability for Errors and Omissions

$1,000,000

Engineer shall provide District with a certificate evidencing compliance with the above terms and naming the District and its supervisors, employees, agents and staff as additional insureds. Engineer shall provide the District with thirty (30) days notice of cancellation. At no time shall Engineer be without insurance in the above amounts.

Article 13. Contingent Fee. The Engineer warrants that it  has  not  employed  or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely  for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

Article 14. Audit. The Engineer agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any books, documents,  papers, and records of the Engineer involving transactions related to the Agreement. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto  that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of all work under the Agreement.

Article 15. Indemnification. The Engineer  agrees, to the fullest extent  permitted  by law, to indemnify, defend, and hold the District harmless of and from any and all liabilities, claims, causes of action, demands, suits, or losses arising from the negligent acts, errors or omissions of the Engineer, Engineer's agents or employees, in the performance of professional services under this Agreement. Engineer agrees and covenants that nothing herein  shall constitute or be construed as a waiver of the District's sovereign immunity pursuant to Section 768.28, Florida Statutes.

The District agrees, to the extent permitted by Section 768.28, Florida Statutes, and other applicable law, to indemnify and hold the Engineer harmless from any  damage, liability or cost to the extent caused by the District's own negligent acts, errors or omissions and those of the District's agents or employees arising from the obligations and duties of the District under this Agreement.

Article 16. Public Records. The Engineer agrees and understands that Chapter 119, Florida Statutes, may be applicable to documents prepared in connection with work provided to the District and agrees to cooperate with public record requests made thereunder. In connection with this Agreement, Engineer agrees to comply with all provisions of Florida's public records laws, including but not limited to Section 119.0701, Florida Statutes, the terms of which are incorporated herein. Among other requirements, Engineer must:

Keep and maintain public records required by the District to perform the service.
Upon request from the District's custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law.
Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Engineer does not transfer the records to the District.
Upon completion of this Agreement, transfer, at no cost, to the District all public records in possession of the Engineer or keep and maintain public records required by the District to perform the service. If the Engineer transfers all public records to the District upon completion of this Agreement, the Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Engineer keeps and maintains public records upon

completion of the Agreement, the Engineer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District's custodian of public records, in a format that is compatible with the information technology systems of the District.

IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ENGINEER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, GEORGE FLINT, DISTRICT   MANAGER,    219    E.    LIVINGSTON    STREET, ORLANDO, FLORIDA, GFLINT@GMSCFL.COM, (407) 841-5524.

Article 17. Employment Verification. The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement.

Article 18.	Compliance with E-Verify System.

The Engineer shall comply with and perform all applicable provisions and requirements of Section 448.095, Florida Statutes and Section 448.09(1), Florida Statues. Accordingly, beginning on the Effective Date, to the extent required by Section 448.095, Florida Statutes, the Engineer shall enroll with and use the United States Department of Homeland Security's E-Veri:fy system to verify the work authorization status of all  newly  hired  employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Engineer has knowingly violated Section 448.091, Florida Statutes.

If the Engineer anticipates entering into agreements with a subcontractor for the work, Engineer will not enter into the subcontractor agreement without first receiving  an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Engineer shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request. In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Engineer has otherwise complied with its obligations hereunder, the District shall promptly notify the Engineer. The Engineer agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Engineer or any subcontractor who has a good faith belief that a person or entity  with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Engineer represents that no public employer has terminated a contract with the Engineer under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

Article 19. Controlling Law.  Engineer  and  the District  agree that  this  Agreement shall be controlled and governed by the laws of the State of Florida.

Article 20. Assignment. Neither the District nor the Engineer shall assign, sublet, or transfer any rights under or interest in this Agreement without the express written consent of the other. Nothing in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as Engineer deems appropriate, pursuant to Article 5 herein.

Article 21. Termination. The  District  and  the  Engineer  may  terminate  this Agreement without cause upon notice. At such time as Engineer receives notification by the District to terminate the contract, Engineer shall not perform any further services unless directed to do so by the Board of Supervisors. In the event of any termination, Engineer will be paid for services rendered to the date of termination and all reimbursable expenses incurred to the date of termination.

Article 22. Recovery of Costs and Fees. In the event  either  party  is required  to  enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys' fees.

Article 23.   Acceptance.   Acceptance  of this Agreement  is indicated  by the signature of the authorized representative of the District and the Engineer in the spaces provided below.

IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written.

STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

Secretary	Chairperson, Board of Supervisors

POULOS & BENNETT, LLC

Witness	By :	-	-	-	-	-	-	-	-	-	-	-	-	-	-

SCHEDULE "A"

EXHIBIT"B" POULOS & BENNETT, LLC
2021 HOURLY RATE SCHEDULE

EXPERT WITNESS	$350

PRINCIPAL	$235

DIRECTOR OF ENGINEERING	$225

PLANNING GROUP LEADER	$225

PRACTICE TEAM LEADER	$210

DEVELOPMENT MANAGER	$190

SR. PROJECT MANAGER	$185

SENIOR PROJECT ENGINEER	$165 PROJECT MANAGER - DEVELOPMENT SERVICES	$150 PROJECT MANAGER	$150
SENIOR PLANNER	$145

ASSISTANT DEVELOPMENT MANAGER	$140

GIS MANAGER	$135

CAD MANAGER	$130

PROJECT ENGINEER	$130

SENIOR COMMUNITY DESIGNER	$125

PROJECT PLANNER	$125

PLAT MANAGER	$125

SENIOR CAD DESIGNER	$125

DEVELOPMENT COORDINATOR	$125

STAFF ENGINEER	$110

CAD TECHNICIAN	$100

STAFF PLANNER	$95

PROJECT COORDINATOR	$85

ADMINISTRATIVE ASSISTANT    ----	$75

POULOS ENNETT

Poulos & Bennett, LLC • 2602 East Livingston Street • Orlando, Florida 32803 • (407) 487-2594 • www.poulosandbennett.com

- - - - - - - - -
Storey Drive Community Development District Orange County, Florida

, 2021

Subject:	Work Authorization Number 1
Storey Drive Community Development District

Dear Chairman, Board of Supervisors:

Poulos & Bennett, LLC, is pleased to submit this work authorization to provide interim engineering services for the Storey Drive Community Development District. We will provide

these services pursuant to our current agreement dated _ _ ("Engineering Agreement") as follows:
Scope of Work

_ _ _

_ _ _ _

_  _	, 2021

Storey Drive Community Development District will engage the services of Poulos & Bennett, LLC, as Interim Engineer to perform those services as necessary for the preparation of a District Improvement Plan and attendance at meetings and bond validation proceedings regarding the District's issuance of bonds.

Fees
Storey Drive Community Development District will compensate Poulos & Bennett, LLC, pursuant to the hourly rate schedule contained in the Engineering Agreement. The District will reimburse Poulos & Bennett, LLC, all direct costs which include items such as printing, drawings, travel, deliveries, et cetera, pursuant to the Agreement.

This proposal, together with the Engineering Agreement, represents the entire understanding between the Storey Drive Community Development District and Poulos & Bennett, LLC with regard to the referenced work authorization. If you wish to accept this work  authorization, please sign both copies where indicated, and return one complete copy to our office. Upon receipt, we will promptly schedule our services.

Thank you for considering Poulos & Bennett, LLC We look forward to helping you create a quality project.
APPROVED AND ACCEPTED	Sincerely,

By: _   _	_	_	_

_	_	_

_	_	_	_

Authorized Representative of
Storey	Drive	Community	Development	Date: _ _ District

Page 10 of 10

_ _ _ _ _

_ _ _ _

_ _ _

S ECTION 3

f l t l !llbonds
M unicipal	Bond Specialists
20660 W. Dixie Highway North Miami Beach, FL 33180
April 12, 2021

Storey Drive Community Development District c/o Governmental Management Services, Inc. 219 East Livingston Street
Orlando, Florida  32801
Attn:  Mr. George Flint

Re:	Agreement for Underwriter Services & Rule G-17 Disclosure Dear Mr. Flint:
Thank you for the opportunity to work with the Storey Drive Community Development District (the "District") regarding the underwriting of the District's Special Assessment Bonds, Series 2021 (the "Bonds"). The District and FMSbonds, Inc. ("PMS"), solely in its capacity as Underwriter, agree to the proposed tenns set forth herein in Attachment I. By executing this letter both parties agree to the terms set forth herein.
FMS's role is limited to act as Underwriter within the Scope of Services set forth herein as Attachment I, and not as a financial advisor or municipal advisor. PMS is not acting as a municipal advisor for the developer in connection with the subject transaction. Any  information  that PMS has previously provided was solely for discussion purposes in anticipation of being retained  as your underwriter. Attachment II, attached hereto, contains the Municipal Securities Rulemaking Rule Board Rule G-17 Disclosure that the District should read in its entirety and acknowledge by signing below.

We look forward to working with you.

Yours truly,

Agreed to and accepted as of the date first written above:

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

By:	 	
Name: _ _ _ _ _ _ _ _ _ _ _
Title:    	

ATTACHMENT I

Section 1	Scope of Services of FMS: FMS proposes that its duties as Underwriter shall be limited to the following:

To provide advice to the District on the structure, timing and terms of the Bonds;

To coordinate the financing process;

To conduct due diligence;
To assist in the preparation of an offering memorandum;

To reviewthe assessment methodology and Bond documents;

To market and offer Bonds to investors.

Section 2	Terms and Conditions:
Underwriter Fee ("Underwriting Fee"). FMS shall act as sole lead underwriter. The Underwriting Fee to FMS for acting as Underwriter shall be 2% of the Par Amount of any Bonds issued. The· Underwriting Fee shall be due and payable only upon the closing of the Bonds. The Underwriting Fee may be modified pursuant to a bond delegation or award resolution approved by the Board and consented to by the Underwriter.

Price and Interest Rates: .The offering price and interest rates are expected to be based on recent comparable transactions in the market, if any. FMS and the District will jointly determine the offering price and interest rates immediately prior to the start of the order period, based on market conditions then prevailing.

Bond Purchase Agreement. The obligations of the Underwriter and those of the District would be subject to the satisfactory completion of due diligence and to the customary representations, warranties, covenants, conditions, including provisions respecting its termination contained in the form of a bond purch e agreement FMS will prepare and as generally used in connection with the offering of Bonds for this type of transaction.

Costs of Issuance. The District shall be responsible for the payment of all expenses relating to the offering, including but not limited to, attorney fees, consultant fees, costs associated with preparing offering documents, if any, the purchase agreement, regulatory fees and filing fees and expenses for qualification under blue sky laws designated by FMS and approved by the District.

Assumptions. The proposed terms and statements of intention set forth in this agreement are based on information currently available to FMS about the District and the market for special assessment bonds similar to the Bonds and the assumptions that:

the financial condition and history of the project shall be substantially as understood, and the financial information for the relevant and appropriate period ended to be included in the final offering memorandum will not vary materially from those set forth in the material furnished to FMS;

no adverse developments shall occur which materially and adversely affect the underlying security and financial condition of the district;

the offering memorandum will comply with all applicable laws and regulations;

there will not be any unanticipated substantial delays on the part of the District in completing the transaction; and

all conditions of the Underwriter to purchase Bonds will be included in the bond purchase agreement and conditions shall be satisfied or waived, in the sole discretion of the Underwriter.

Information. The District agrees to· reasonably and actively assist FMS in achieving an underwriting that is satisfactory to FMS and the District. To assist FMS in the underwriting the District will (a) provide and cause the District's staff and its professionals to provide FMS upon request with all information reasonably deemed necessary by FMS to complete the underwritings, included but not limited to, information and evaluations prepared by the District and its advisors; and (b) otherwise assist FMS in its underwriting efforts.

Term of Engagement. The term of this Agreement shall commence  as of the date of this Agreement and continue in full force and effect unless terminated by either party. In event of termination by the District without cause, FMS shall be entitled to recover its reasonable out of pocket expenses incurred up to the date of termination.

No Commitment. Notwithstanding the foregoing, nothing herein shall constitute an agreement to provide a firm commitment, underwriting or placement or arrangement of any securities by FMS or its affiliates. Any such commitment, placement or arrangement shall only be made a part of an underwriting agreement or purchase agreement at the time of the sale of the bonds.

The engagement contemplated hereby and this agreement are solely for the benefit of the District and FMS and their respective successors, assigns and representatives and no other person or entity shall acquire or have any right under or by virtue hereof.

This Agreement contains the entire understanding of the parties relating to the transactions contemplated hereby and this Agreement supersedes all prior agreements, understandings and negotiations with respect thereto. This Agreement  may  be executed in counterparts each of which shall be an original but all of such counterparts shall constitute one and the same instrument.

No Financial Advisor. FMS's role is limited to that of an Underwriter and not a Financial Advisor or Municipal Advisor.

2

ATTACHMENT II

MSRB Rule G-17 Disclosure --- The District  has engaged  FMS to serve as underwriter,  and not as a financial advisor or municipal advisor, in connection with the issuance of  the Bonds. As part of our services as underwriter, FMS may provide advice concerning the structure, timing, terms, and other similar matters concerning the issuance of the Bonds. We may also have provided such advice as part of the process of seeking to be selected to serve as your underwriter.  Any such advice was provided by FMS as an underwriter and not as your financial advisor in this transaction.

Pursuant to the Notice, we are required by the MSRB to advise you that:

MSRB Rule G-17 requires an underwriter to deal fairly at all times with both municipal issuers and investors.

The underwriter's primary rqle is to purchase the Bonds with a view to distribution in an arm's-length commercial transaction with the Issuer. As such, the underwriter has financial and other interests that differ from those of the Issuer.

Unlike a municipal advisor, the underwriter does not have a fiduciary duty to the Issuer under the federal securities laws and are, therefore, not required by federal law to act in the best interests of the Issuer without regard to their own financial or other interests.

The underwriter has a duty to purchase the Bonds from the Issuer at a fair and reasonable price, but must balance that duty with its duty to sell the Bonds to investors at prices that are fair and reasonable.

As underwriter, we will review the disclosure document for the Bonds in accordance with, and as part of, our responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of this transaction.'

The underwriter will be compensated by a fee and/or a fee that will be set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of the Bonds. Payment or receipt of the underwriting fee or discount will be contingent on the closing of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the Bonds. While this. form of compensation is customary in the municipal securities market, it presents a conflict of interest since an underwriter may have an incentive to recommend a transaction that is unnecessary or to recommend that the size of a transaction be larger than is necessary. The District acknowledges no such recommendation has been made by FMS.

Please note nothing in this letter is an expressed nor an implied commitment by us to provide financing or to purchase or place the Bonds or any other securities. Any such commitment shall

1 Under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors. The review of the offering document by the underwriters is solely for purposes of satisfying the underwriters' obligations under the federal securities laws and such review should not be construed by an issuer as a guarantee of the accuracy or completeness of the information in the offering document.

only be set forth irt a bond purchase agreement or other appropriate fo1m of agreement for the type of transaction undertaken by you.
Further, our participation in the transaction contemplated herein remains subject to, among other things, the execution of a bond purchase agreement (or other appropriate form of agreement), further internal review and approvals, satisfactory completion of our due diligence investigation and market conditions.

FMS is acting independently in seeking to act as an underwriter in the transactions contemplated herein and shall not be deemed for any purpose to be acting as an agent, joint venturer or partner of any otherprincipal involved in the proposed financing. FMS assumes no responsibility, express or implied, for any actions or omissions of, or the performance of services by, the other underwriters in connection with the transactions contemplated herein or otherwise.

If you or any other Issuer representatives have any questions or concerns about these disclosures, please make those questions or concerns known immediately to FMS. In addition, Issuer should consult with its own financial, municipal, legal, accounting, tax and other advisors,  as applicable, to the extent it deems appropriate. Depending on the final structure of the transaction that the District and FMS decide to pursue, or if additional actual or perceived material conflicts are identified, we may be required to send you additional disclosures.

2

S ECTION 5

r!ljbank.
US.	Bank National Association Global Corporate Trust
225 E. Robinson Street, Suite 250
Orlando, Florida 32801

April 16, 2021

Governmental Management Services, LLC Attn: George Flint
219 E. Livingston St. Orlando, FL 32801

Re: Proposal to serve as Trustee, Paying Agent and Registrar for Storey Drive Community Development District

Dear George,

On behalf of U.S. Bank National Association, we are pleased to submit our fees to serve as Trustee, Paying Agent & Registrar for the Storey Drive Community Development District.

Recognized as a premier global provider of corporate trust services, U.S. Bank Global Corporate Trust provides expert trust services to both corporate and municipal clients. We have established a solid position as a responsive specialist that promises and delivers premium performance and service over the life of your bond programs - coupled with a steadfast commitment to integrity.

U.S. Bank has made a long-term commitment to remain in the corporate trust business and to expand its services through acquisitions and establishing new offices in key areas. We have southeast regional corporate trust offices in Orlando, Fort Lauderdale, Miami and Jacksonville, Florida, to meet the needs of the bank's growing line of business in this area. The following are just a few of the many advantages that make U.S. Bank Global Corporate Trust Services an excellent choice for corporate trust services:

Trust officers with extensive experience in working with all parties of the financing team.
Local presence through to ensure responsiveness for you and the bondholders.

We appreciate your business and look forward to this opportunity to serve as your trustee as well as any future banking or corporate trust needs.

Should you have any questions, please do not hesitate to call me at (407)835-3805.

Best regards,
"	\
\	I '

1'	.0

'	• f   .	'
i \	' y\ \ \. ,
S'tacey L: Jo'mlson
Vice President

I

J:

Relationship Manager I Southeast Region

[!Libank.
Fee Schedule -Storey Drive Community Development District

Acceptance Fee	$1,975.00 One Time, Per Series, Payable in Advance Covers review of documents, participation in document conferences, establishing records/accounts, authentication/delivery of bonds, receipt of funds, establishment of procedures and ticklers necessary to perform our duties and monitor the various terms and covenants in the financing documents.

Annual Administration Fee	$3,750.00 Per Series, Payable in Advance
$2,750.00 Per Series, if any, issued at closing

Maintenance of records in connection with the control of the bonds outstanding; review and compliance of document provisions; receive, pay out and control the movement of funds; pay periodic interest and principal; and prepare periodic accountings and reports. Bond Registrar and Paying Agent services are included. Standard Trustee disclosure information is provided in our services.

Trustee Counsel Fees
Any additional ongoing legal fees and expenses would be billed at cost.

Not to exceed $6,000

Investment Administration	*$500 Per Contract
The investment fee includes the activities associated with establishing the account, manual processing of transactions, reconciliation ofbalances, wiring of funds, etc. Payable at time of initial investment and annually in advance. *Does not include U.S. Bank investment products.

Out of Pocket Expenses
Includes, but are not limited to, travel expenses to attend closing.

Billed at Cost

Incidental Expenses	7.75% of Annual Admin. Fee
Incidental expenses, such as wires, postage, copies, mailings, courier expenses, etc.

Extraordinary Expenses / Other Services	Billed at Cost Extraordinary services are responses to requests, inquiries or developments, or the carrying out of duties or responsibilities of an unusual nature, including termination, which may or may not be provided for in the governing documents, are not routine or undertaken in the ordinary course of business. Payment of fees for extraordinary services is appropriate where particular requests, inquiries or developments are unexpected, even if the possibility of such things could have been foreseen at the inception of the transaction. This would include but is not limited to document amendments and substitutions, mandatory tenders, optional redemptions, UCC filings, investment agreements, outside held money market funds, default administration, travel expense (if any outside the city), etc. A reasonable charge will be assessed and collected by the trustee based on the nature of the extraordinary service. At our option, these charges will be billed at a flat fee or at our hourly rate then in effect.

* The quoted fee does not include services as Disclosure/Dissemination Agent pursuant to Securities & Exchange commission Rule
J 5cl2-12, as amended. U.S. Bank will discuss this service with the Obligor if applicable pursuant to the terms of the bond issue.

Account approval is subject to review and qualification. Fees are subject to change at our discretion and upon written notice. Fees paid in advance will not be prorated. The fees set forth above and any subsequent modifications thereof are part of your agreement. Finalization of the transaction constitutes agreement to the above fee schedule, including agreement to any subsequent changes upon proper written notice. In the event your transaction is not finalized, any related out-of pocket expenses will be billed to the client directly. Absent your written instructions to sweep or otherwise invest, all sums in your account will remain uninvested and no accrued interest or other compensation will be credited to the account. Payment of fees constitutes acceptance of the terms and conditions set forth.
To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a nonindividua/ person such as a business entity, a charity, a trust or other legal entity, we ask for documentation to verify its formation and existence as a legal entity. We may also ask to see financial statements, licenses, identification and authorization documents from individuals claiming authority to represent the entity or other relevant documentation.

U.S. Bank Global Corporate Trust	Storey Drive CDD

S ECTION B

BOND FINANCING TEAM FUNDING AGREEMENT
BETWEEN STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT AND LENNAR HOMES, LLC

This Agreement is made and entered into this_ day of May, 2021, by and between:

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in the City of Orlando, Orange County, Florida (hereinafter "District"), and

LENNAR HOMES, LLC, a Florida limited liability company, the primary  landowner and developer in the District (the "Developer").

RECITALS

WHEREAS, the Storey Drive Community Development District was established by Ordinance 2021-10 of the City Council of the City of Orlando, Florida, for the purpose of financing roadway improvements, utility distribution and collections systems, the master stormwater management system, lighting, landscaping, signage, parks and other public infrastructure; and

WHEREAS, the District presently expects to access the public bond market to provide  for the financing of certain capital improvements, facilities, and services to benefit the lands within the district; and

WHEREAS, the Developer is developing the majority of the lands within the district which will benefit from such improvements, facilities, and services and desires to assist the District with its financing program; and

WHEREAS, the District and the Developer desire to enter into this agreement to provide funds to enable the District to commence its financing program.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the parties agree as follows:

Provision of Funds. Developer agrees to make available to the District such monies as are necessary to proceed with the issuance of bonds or other indebtedness to fund the District's improvements, facilities and services.

Developer agrees to provide to the District any such monies upon receipt of an invoice from the District requesting such funds. Such funds, and all future funds provided pursuant to this Agreement, may be supplied by check, cash, wire transfer or other form of payment deemed satisfactory in the sole discretion of the District as determined by the District Manager. The District agrees to authorize District staff, including the District

Engineer, District Manager, and District Counsel to proceed with the work contemplated by this Agreement, and to retain a Bond Counsel and Financial Advisor and other professional assistance as may be necessary to proceed with the work contemplated by this Agreement.

Developer and the District agree that all fees, costs or other expenses incurred by the District for the services of the  District's  Engineer, Counsel, Financial Advisor or other professionals, for the work contemplated by this Agreement shall be paid solely from the funds provided by Developer pursuant to this Agreement. Such payments  shall be made in accordance with the District's normal invoice and payment procedures. The District agrees that any funds provided by Developer pursuant to this Agreement shall be used solely for fees, costs, and expenses ansmg from or related to the work contemplated by this Agreement.

The District agrees to provide to Developer, on a monthly basis, copies of all invoices, requisitions, or other bills for which payment is to be made from the funds provided by Developer. The District agrees to provide to Developer, monthly, a statement from the District Manager showing funds on deposit prior to payment, payments made, and funds remaining on deposit with the District.

Developer agrees to provide additional funds within fourteen (14) days of receipt of written notification from the District Manager of the need for such funds.

In the event that Developer fails to provide any such funds pursuant to this Agreement, Developer and the District agree the work may be halted until such time as sufficient funds are provided by Developer to ensure payment of the costs, fees or expenses which may be incurred in the performance of such work.

Termination. Developer and District agree that Developer may terminate this Agreement without cause by providing ten (10) days written notice of termination to the District. Any such termination by Developer is contingent upon Developer's provision of sufficient funds to cover any and all fees, costs or expenses incurred by the District in connection with the work  to be performed under this Agreement as of the date by when notice of termination is received. Developer and the District agree that the District may terminate this Agreement due to a failure  of Developer  to provide funds in accordance  with Section 1 of this Agreement, by providing ten
days written notice of termination to Developer; provided, however, that the Developer shall be provided a reasonable opportunity to cure any such failure. Any excess funds  shall  be returned to the Developer in accordance with section 1 of this Agreement.

Default. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages, injunctive relief and/or specific performance.

Enforcement of Agreement. In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

Agreement. This instrument shall constitute the final and complete expression of this Agreement between the parties relating to the subject matter of this Agreement.

Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both of the parties hereto.

Authorization. The execution of this Agreement has been duly authorized by the appropriate body or official of all parties hereto, each party has complied with all the requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

Notices. All notices, requests, consents and other communications hereunder ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Developer:

If to District:

With a copy to:

Lennar Homes, LLC
6675 Westwood Blvd., 5th Floor Orlando, Florida 32821
Attn: Brock Nicholas Brock.nicholas@lennar.com

Storey Drive Community Development District Governmental Management Services -
Central Florida, LLC 219 E. Livingston Street Orlando, FL 32801 Attn: District Manager gflint@gmscfl.com

Latham, Luna, Eden & Beaudine, LLP 201 S. Orange Avenue, Suite 1400
Orlando,  Florida   32801 Attn: Jan A. Carpenter,  Esq. jcar penter@lseblaw.com 

Except as otherwise provided herein, any Notice shall be deemed received only upon actual delivery at the address set forth herein. Notices delivered after  5:00  p.m. (at the place of delivery) or on a non-business day, shall be deemed received  on the next business day.  If any time for giving Notice contained in this Agreement would otherwise expire on a non­ business day, the Notice period shall be extended to the next succeeding  business  day. Saturdays, Sundays and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the parties may deliver Notice on behalf of the parties. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

Third Party Beneficiaries. This Agreement is solely for the  benefit  of the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.

Assignment. Neither party may assign this Agreement or any monies to become due hereunder without the prior written approval of the other party.

Controlling Law. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida.

Effective Date. The Agreement shall be effective after execution by both parties hereto and shall remain in effect unless terminated by either of the parties hereto.

Public Records. Developer understands and agrees that all documents of any kind provided to the District or to District Staff in connection with the work contemplated under this Agreement are public records and are treated as such in accordance with Florida law.

Capitalization. The parties agree that all funds provided by Developer pursuant to this Agreement are properly reimbursable from proceeds of District financing for capital improvements, and that within 45 days of receipt of the proceeds by the District of bonds or notes for the District's capital projects, the District shall reimburse Developer in full, exclusive of interest, for these advances; provided, however, that in the event bond counsel determines that any such monies are not properly reimbursable, such funds shall be deemed paid in lieu of taxes or assessments. In the event that District bonds are not issued within two (2) years of the date of this agreement, all funds provided by Developer pursuant to this Agreement shall  be deemed paid in lieu of taxes or assessments.

[Signatures contained  on next page.]

IN WITNESS WHEREOF, the parties execute this agreement the day and year first written above.

ATTEST:	STOREY	DRIVE	COMMUNITY DEVELOPMENT DISTRICT

By  :	­

By: _ _

_ _ _ _ _

_ _ _ _ _

Print Name: -  -	-	-	-	-	-	-	-
SecretaryIAssistant Secretary

WITNESSES:

Print Name:

- - - - - - - - -

ChairmanN ice Chairman, Board of Supervisors

LENNAR HOMES, LLC, a Florida limited liability company

x _ _ _ _

_ _ _ _ _ _ _

By: _ _

_ _ _ _ _

_ _ _ _ _

Print Name: -	-	-	-	-	-	-	-

X- - - - - - - - - - -
Print Name: --------

Print Name:- - - - - - - - -
Title: - - - - - - - - - - -

SECTION VII

S ECTION A

RESOLUTION NO. 2021-14

A RESOLUTION OF THE BOAR]) OF SUPERVISORS OF STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT  AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $14,020,000 AGGREGATE PRINCIPAL AMOUNT OF STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT BONDS, IN ONE OR MORE SERIES, TO PAY ALL OR A PORTION OF THE DESIGN, ACQUISITION, CONSTRUCTION COSTS OF CERTAIN PUBLIC INFRASTRUCTURE IMPROVEMENTS, INCLUDING, BUT NOT LIMITED TO, STORMWATER MANAGEMENT AND CONTROL FACILITIES, INCLUDING, BUT NOT LIMITED TO, RELATED EARTHWORK AND ACQUISITION OF LANDS RELATING THERETO; ROADWAY IMPROVEMENTS; WATER AND WASTEWATER SYSTEMS, INCLUDING CONNECTION CHARGES, LANDSCAPING, HARDSCAPING AND IRRIGATION IN PUBLIC RIGHTS-OF-WAY, ENTRANCE FEATURES; UNDERGROUNDING DIFFERENTIAL COST OF UTILITIES, AND ALL RELATED SOFT AND INCIDENTAL COSTS (COLLECTIVELY, THE "PROJECT"), PURSUANT TO CHAPTER 190, FLORIDA STATUTES, AS AMENDED; APPOINTING U.S. BANK NATIONAL ASSOCIATION TO SERVE AS TRUSTEE; APPROVING THE EXECUTION AND DELIVERY OF A MASTER  TRUST INDENTURE AND A SUPPLEMENTAL TRUST INDENTURE IN SUBSTANTIALLY THE FORMS ATTACHED HERETO; PROVIDING THAT SUCH BONDS SHALL NOT CONSTITUTE A DEBT, LIABILITY OR OBLIGATION OF STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT (EXCEPT AS OTHERWISE PROVIDED HEREIN), ORANGE COUNTY, FLORIDA, OR OF THE STATE OF FLORIDA OR OF ANY OTHER POLITICAL SUBDIVISION THEREOF, BUT SHALL BE PAYABLE SOLELY FROM SPECIAL ASSESSMENTS ASSESSED AND LEVIED ON THE PROPERTY WITHIN THE  DISTRICT  BENEFITED BY THE PROJECT AND SUBJECT TO ASSESSMENT;  PROVIDING FOR THE JUDICIAL VALIDATION OF SUCH BONDS; AND PROVIDING FOR OTHER RELATED MATTERS.
WHEREAS, Storey Drive Community Development District (the "District"), is a local unit of special-purpose government organized and existing in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act"), created by Ordinance No. 2021-10 of the City Council of the City of Orlando, Florida Commissioners, enacted on March 22, 2021;
WHEREAS, the District was created for the purpose of delivering certain community development services and facilities within and outside its jurisdiction, and the District  has decided to undertake the design, acquisition, construction costs of certain public infrastructure improvements to be located in or to benefit  of developable  lands within the District including, but not limited to, stormwater management and control facilities, including, but not limited to, related earthwork and acquisition of lands relating thereto; roadway improvements; water and

wastewater systems, including connection charges, undergrounding differential cost of electric utilities, irrigation and landscaping and hardscaping in public rights-of-way; entrance features; and related soft and incidental costs, pursuant to the Act (collectively, the "Project"), all as set forth in Schedule "I" hereto;

WHEREAS, the District desires to authorize the issuance of not to exceed $14,020,000 aggregate principal amount of its Storey Drive Community Development District Special Assessment Bonds, in one or more series (collectively, the "Bonds"), in order to pay all or a portion of the design, acquisition and construction costs of the Project;

WHEREAS, the District desires to provide the terms and conditions under which the District will acquire and cause to be constructed the public infrastructure improvements on District lands and certain adjacent lands the improvement of which will specially benefit certain District lands known as Storey Drive;

WHEREAS, authority is conferred upon the District by the Constitution and laws of the State of Florida, specifically including, but not limited to, Sections 190.011(9), 190.011(14), 190.014, 190.016(1), 190.016(2), 190.016(5), 190.016(8), 190.016(11), 190.016(13), 190.022
and 190.023 of the Act, to issue the Bonds; and

WHEREAS, the District desires to authorize and approve various instruments to be executed and delivered in connection with the Bonds and to provide for the judicial validation of the Bonds pursuant to Section 190.016(12), Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED by Storey Drive Community Development District, as follows:
Section 1.  Authorization  of Bonds.  The District  hereby  authorizes  the issuance of not to exceed $14,020,000 aggregate principal amount of the Bonds in one or more series to (i) finance all or a portion of the costs of the Project; (ii) fund debt service reserve accounts for each series of bonds so issued; and (iii) pay the costs of issuing the Bonds. Pursuant to Section 190.016(1) of the Act, the Bonds may be issued and delivered by the District in payment of all or a portion of the purchase price of the Project or may be sold at public or private sale.
Section 2. Certain  Details of the Bonds.   The Bonds and the interest thereon,  shall not be deemed to constitute a debt, liability or obligation of the District (except as provided herein), the City of Orlando, Florida (the "City") Orange County, Florida (the "County"), or of the State of Florida (the "State"), or of any other political subdivision thereof, but shall be payable solely from the Special Assessments (as defined in the form of Indenture hereinafter referred to) levied by the District on property within the District benefited by the Project and subject to assessment, as set forth in the Indenture, and neither the faith and credit nor any taxing power of the District, the City, the County or the State, or of any other political subdivision thereof, is pledged to the payment of the principal of or interest on the Bonds, except for Special Assessments to be assessed and levied by the District to secure and pay the Bonds.

The Bonds shall:

be issued in one or more series and may be delivered in payment of the purchase price of the Project or sold at public or private sale, as provided in Section 190.016(1), Florida Statutes, each series in an aggregate principal amount to be determined by subsequent resolution or resolutions of the District; provided, however, that the total aggregate principal amount of the Bonds issued may not exceed $14,020,000 unless this Resolution is amended prior to the validation of the Bonds authorized herein;
be issued in fully registered form in a minimum principal denomination of
$5,000 and any integral multiple of $5,000 in excess thereof, except as otherwise' provided in the herein defined Indenture;

bear interest at an average annual rate not exceeding the maximum rate as may then be permitted by the laws of the State as more particularly provided in one or more resolutions adopted by the District prior to the issuance and delivery of the Bonds of any series;
the Bonds of each series shall be payable in not more than 30 annual installments of principal; and
be dated as provided in a resolution adopted by the District prior to the issuance and delivery thereof.
The final maturity date or dates of the Bonds and the interest rate or rates thereon shall be determined, within the foregoing limits, and any optional, mandatory and extraordinary redemption provisions thereof shall be fixed, by the Indenture hereinafter referred to or by one or more resolutions of the District to be adopted prior to the delivery of the Bonds of any series. In other respects, the Bonds shall be in the form, shall be executed and authenticated, shall be subject to replacement and shall be delivered as provided in the Indenture hereinafter referred to, the form of which is set out as composite Exhibit "A" attached hereto.
Prior to the issuance and delivery of the Bonds, the District shall have undertaken and, to the extent then required under applicable law, completed all necessary proceedings, including, without limitation, the approval of assessment rolls, the holding of public hearings and the adoption of resolutions in order to levy and collect Special Assessments  upon the lands within the District subject to assessment, all as more specifically required and provided for by the Act and Chapters 170, 190 and 197, Florida Statutes, as the same may be amended from time to time, or any successor statutes thereto.
Section 3. Designation of  Attesting  Members.  Each  Assistant  Secretary  of  the Board of Supervisors (the "Board") of the District (each individually a "Designated  Member") and the Secretary, or any other appointed Assistant Secretary, are hereby designated and authorized on behalf of the Board to attest to the seal of the Board and to the signature of the Chairperson or Vice Chairperson of the Board as they appear on the Bonds, the Indenture  and any other documents which may be necessary or helpful in connection with the issuance and delivery of the Bonds and in connection with the application of the proceeds thereof.

Section 4. Authorization of Execution  and  Delivery  of Master  Trust  Indenture and Supplemental Trust Indenture. The District does hereby authorize and approve the execution by the Chairperson or Vice Chairperson and any Designated Member and the delivery of a Master Trust Indenture and a Supplemental Trust Indenture  (collectively, the "Indenture") for the Bonds, each between the District and the Trustee named in Section 6 of this Resolution. The Indenture shall provide for the security of the Bonds and express the contract between the District and the owners of such Bonds. The Indenture shall be in substantially the forms thereof attached hereto and marked composite Exhibit "A" and hereby approved, with such changes therein as are necessary or desirable to reflect the terms of the sale of the Bonds as shall be approved by the Chairperson (or in his or her absence, the Vice Chairperson) executing the same, with such execution to constitute conclusive evidence of such officer's approval  and  the District's approval of any changes therein from the form oflndenture attached hereto.
Section 5.  Sale  of Bonds.  Pursuant  to the  provisions  of Section  190.016(1)  of the Act, the Bonds may be delivered in payment of all or a portion of the purchase price of the  Project or 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, in conformance with the provisions of the Act.
Section 6. Appointment of  Trustee.  The  District  hereby  appoints  U.S.  Bank National Association to act as trustee under the Indenture (the "Trustee"). The Trustee shall also serve as the Paying Agent and Registrar under the Indenture.

Section 7. Bond Validation. District Counsel and Bond Counsel  to the District are hereby authorized and directed to take appropriate proceedings in the Circuit Court of the Ninth Judicial Circuit of Florida, in and for Orange County, Florida, for validation and the proceedings incident thereto for the Bonds to the extent required by and in accordance with Section 190.016(12), Florida Statutes. The Chairperson, Vice Chairperson or any Designated Member is authorized • to sign any pleadings and to offer testimony in any such proceedings for and on behalf of the District. The other members of the Board, the officers of the District and the agents and employees of the District, including, without limitation,  the District Manager, the engineer  or engineering firm serving as engineer to the District and the District's underwriter are hereby also authorized to offer testimony for and on behalf of the District in connection with any such validation proceedings.
Section 8. Further  Official  Action;  Ratification  of Prior and  Subsequent  Acts. The Chairperson, the Vice Chairperson, the Secretary and each Designated Member and any other proper official of the District are each hereby authorized and directed to execute  and deliver any and all documents and instruments (including, without limitation, any documents required by the Trustee to evidence its rights and obligations with respect to the Bonds, any documents required in connection with implementation of a book-entry system of registration, any funding agreements, acquisition agreements, true-up agreements and/or completion agreements with the Developer (as such term is defined in the Indenture), and investment agreements relating to the investment of the proceeds of the Bonds and any agreements in connection with maintaining the exclusion of interest on the Bonds from gross income of the holders thereof) and to do and cause to be done any and all acts and things necessary or desirable for carrying out the transactions contemplated by this Resolution. In the event that the

Chairperson or the Secretary is unable to execute and deliver the documents herein contemplated, such documents shall be executed and delivered by the respective  designee of such officer or official or any other duly authorized officer or official of the District. The Secretary or any Designated Member is hereby authorized and directed to apply and attest the official seal of the District to any agreement or instrument authorized or approved herein that requires such a seal and attestation. All of the acts and doings of such members of the Board, the officers of the District, and the agents and employees of the District, which are in conformity with the intent and purposes of this resolution, whether heretofore or hereafter taken or done, shall be and are hereby ratified, confirmed and approved.
Section 9. Bond Anticipation Notes. The District may, if it determines it to be in its best financial interest, issue Bond Anticipation Notes ("BANs") in order to temporarily finance the costs of all or a portion of the Project. The District shall by proper proceedings authorize the issuance and establish the details of such BANs pursuant to the provisions of Section 190.014, Florida Statutes, as amended other applicable provisions of laws.
Section 10. Subsequent Resolution(s) Required. Notwithstanding anything to the contrary contained herein, no series of Bonds may be issued or delivered until the District adopts a subsequent resolution and/or supplemental indenture for each such series of Bonds, fixing the details of such series of Bonds remaining to be specified or delegating to the Chairperson, the Vice Chairperson or a Designated Member the authority to fix such details.
Section 11. Severabilitv. If any section, paragraph, clause or prov1s1on of this resolution shall be held to be invalid or ineffective for any reason, the remainder of  this resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.
Section 12. Effective Date. This resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded.

PASSED in Public Session of the Board of Supervisors of Storey Drive Community Development District, this 6th day of May, 2021.

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

By:		 Name: George Flint
Title: Secretary. Board of Supervisors

By:		 Name:

- - - - - - - - - - - -

Title:	Chairperson. Board of Supervisors

SCHEDULE I DESCRIPTION OF THE PROJECT
The Project includes, but is not limited to, the following improvements:

Storm.water management and control facilities, including, but not limited to, related earthwork and acquisition of lands relating thereto;
Water and wastewater systems, including connection charges; Roadway improvements;
Undergrounding differential cost of electric utilities;
Irrigation, landscaping and hardscaping in public rights-of-way; Entrance feature; and
Related soft and incidental costs.

EXHIBIT A

FORM OF MASTER TRUST INDENTURE AND
SUPPLEMENTAL TRUST INDENTURE

56601487v3/198566.010100

A-1

VALIDATION REPORT FOR THE STOREY DRIVE
COMMUNITY DEVELOPMENT DISTRICT

May 6, 2021

Prepared for: Board of Supervisors
Storey Drive Community Development District

Prepared by:

GMS – Central Florida, LLC 219 East Livingston Street Orlando, Florida 32801

Executive Summary

This report presents the Assessment Consultant’s estimate of the total par amount of bonds needed to fund the public infrastructure, services and facilities provided by the Storey Drive Community Development District (the “District”) and recommends the amount to be validated.

The par estimate is based on two factors:
Poulus and Bennett as the Interim District Engineer estimated the probable cost of the District’s capital improvement program.

The Assessment Consultant’s estimate for the bond size needed to produce the required construction funding.

The capital improvement program has an estimated total cost of $10,816,931. On a per acre basis, this equates to approximately $159,448 over the 67.84 +/- acres in the District, which is typical for similar dense urban communities currently being developed in Florida.

To generate the capital funding of $10,816,931, the Assessment Consultant estimates that the District may need to issue up to a total of $14,020,000 in bonds.

Therefore, the District’s Assessment Consultant recommends that the Board of Supervisors authorize the District staff to proceed with the validation of
$14,020,000 in bond debt. The validated amount of bond debt capacity will provide a prudent cushion for the District in light of the time period over which the District will construct and fund its capital improvement program.

1.0	Background

The Storey Drive Community Development District (the “District”) was established by the City of Orlando, Florida Ordinance 2021-10, to provide public infrastructure, services and facilities to the lands located within the District. The District includes 67.84 +/- acres within its boundaries planned to contain 70 single family units, 200 townhome units, and 240 condominium units. The improvements contemplated to be funded by the District include roadways, master stormwater system, potable water distribution system, wastewater system, the differential costs of undergrounding electrical utilities, landscape and hardscape improvements, and softs costs and contingencies.

2.0	Land Development Plan

Lennar Homes, LLC., a Florida limited liability company, hereinafter referred to as the Developer, the owner of 100% of the lands within the District, petitioned the City of Orlando to create the District. The Developer has devised a land development program for the property located within the District. The plan is summarized in Table 1.

Table 1
Development Program – Storey Drive CDD

Type	Units	
Single-Family	70	
Townhomes	200	
Condominium	240	

3.0	Capital Improvement Program

The Interim District Engineer has developed a cost estimate for the capital improvement program (“CIP”) necessary to provide the District with infrastructure necessary to support the development program outlined in Table 1. The District Engineer estimates the cost for the CIP at $10,816,931, as reflected in Table 2 below.

Table 2
Capital Improvement Program – Storey Drive CDD

Facility	Estimated Cost	
Roadways	$422,493	
Master Stormwater System	1,862,009	
Potable Water Distribution System	678,164	
Wastewater System	1,412,136	
Differential Cost of Undergrounding Electrical Utilities	
1,155,000	
Landscape and Hardscape	2,603,056	
Offsite Improvements	881,250	
Professional Fees/Contingencies	 	1,802,823 	
Total Projected Cost of Improvements	 	$10,816,931 	

4.0	Bond Financing Plan

The District plans to fund all or a portion of its CIP cost of $10,816,931 by issuing tax-exempt bonds secured by special assessments on all benefiting property within the District. The bonds may be issued in one or more series from time-to-time to fund the phased construction of the CIP. Table 3 provides the bond sizing needed to generate the funds needed for the CIP.

Table 3
Bond Sizing – Storey Drive CDD
Construction Fund	$10,816,931	
Capitalized Interest	1,682,400	
Debt Service Reserve	1,018,538	
Cost of Issuance	200,000	
Underwriter’s Discount	280,400	
Contingency	21,731	
Total	$14,020,000	

The Assessment Consultant estimates that the District will issue a total of
$14,020,000 in bonds to generate the needed construction funding. The bonds will fund a debt service reserve equal to one year of maximum annual debt service. The bond proceeds will also fund capitalized interest for up to 24 months. The underwriter’s discount is set at a rate of 2.0% and the interest rate is estimated at 6%.

5.0	Recommended Validation Amount

The Assessment Consultant recommends the Board validate $14,020,000. This increment of bonds is prudent in light of the size and complexity of the District’s capital improvement program.

S ECTION B

SECTION 1

Storey Drive Com.m.unity Developm.ent	District ENGINEER'S	REPORT

Prepared For Storey Drive Community Development District

Date
May 5th, 2021

POULOS ENNETT
2602 East Livingston Street I Orlando, Rorida 32803 I Tel: 407.487.2594 I www.poulosandbennett.com FBPE Certificate of Authorization No. 28567

Storey Drive Community Development District Engineer's Report for Capital Improvements

Storey Drive
Cotntnunity Developtnent	District
ENGINEER'S REPORT FOR CAPITAL IMPROVEMENTS
City of Orlando, Florida

Prepared For:

Storey Community Development District

Date:
May 5th, 2021

POULOS ENNETT
2602 East Livingston Street I Orlando, Florida 32803 I Tel: 407.487.2594 I Fax: 407.487.2594 I www.poulosandbennett.com FBPE Certificate of Authorization No. 28567

Storey Drive Community Development District Engineer's Report for Capital Improvements

TABLE OF CONTENTS

Section 1	Introduction
Background
Location & General Description
District Purpose and Scope
Description of Land Use

Section2	Government Actions

Section3	Infrastructure Bene.it

Section 4	Capital Improvement Plan

Sections	Description of Capital Improvement Plan
Roadway  Improvements
Stormwater Management
100-Year Floodplain
Master Infrastructure
Primary Roadways
Potable Water Distribution System
Wastewater System
Landscape and Hardscape
Electrical Distribution and Street Lighting
Professional and Inspection Fees

Section6	Ownership & Maintenance

Section 7		Roadway Rights-of-Way, Stormwater Management Ponds & Other Open Spaces

Section 8	Estimate of Probable Capital Improvement Costs Section 9	Conclusions and Summary Opinion

Storey Drive Community Development District Engineer's Report for Capital Improvements

Appendices

Exhibit 1 Exhibit2 Exhibit3

Exhibit4 Exhibit5 Exhibit6

Location Map Vicinity Map
District Boundary Map/ Sketch & Legal Description of District
Boundary

Lennar Owned Property Map Post-Development Basin Map FEMA 100-Year Floodplain

Exhibit 7 ExhibitB Exhibit9 Exhibit 10
Exhibit 11

Exhibit 12

Potable Water Distribution System Map Wastewater System Map
Future Land Use Plan

Future Public & Private Uses within CDD Estimate of Probable Capital Improvement Costs
Conceptual Site Plans with Assessment Area Exhibit

Storey Drive Community Development District Engineer's Report for Capital Improvements

Section 1	Introduction

Background
The Engineer's Report for Capital Improvements (the "Report'') for the Storey Drive Community Development District (the "District") has been prepared to assist with financing and construction of the capital improvements contemplated to be constructed, acquired and/or installed within the District or outside of the District (the "Capital Improvement Plan'') pursuant to requirements of the City of Orlando, Florida.

Capital Improvements reflected in the Report represent the current Capital Improvement Plan for the District. Many of the necessary regulatory approvals have been obtained for the Development (hereinafter defined). The remaining permits necessary to complete the Development are expected to be obtained during the normal design and permitting processes. We are confident that the balance of the required permits are obtainable as needed. For reference, a permit matrix for the Development is included herein. The implementation of any improvements discussed in this plan requires the final approval by many regulatory and permitting agencies as outlined in Section 2 below. This report, therefore, may be amended from time to time.

Cost Estimates contained in this report have been prepared based on the best available information at this time. The actual costs of construction, final engineering design, planning, approvals and permitting may vary from the cost estimates presented.

Location and General Description
The land for the District is located entirely within the boundaries of The City of Orlando (the "City'') and is not contiguous to any other City or municipality. Exhibit 1, attached hereto, depicts the general location of the District within the City of Orlando, Florida. The proposed District covers approximately 67.84 acres of land, more or less. The metes and bounds description of the proposed external boundaries of the District is set forth in Exhibit 3 attached hereto.

The Storey Drive Community Development District (the "District") encompasses the Development and includes approximately 67.84acres of land, more or less (see Exhibits 3 and 10).

District Purpose and Scope
The District was established for the purpose of financing, acquiring or constructing, maintaining and operating a portion of the public infrastructure necessary for community development within the District. The purpose of this report is to provide a description of the public infrastructure improvements to be financed by the District. The District will finance, acquire and/or, construct, operate, and maintain certain public infrastructure improvements that are needed to serve the Development. A portion of the infrastructure improvements will be financed with the proceeds of bonds issued by the District.

The proposed public infrastructure improvements, as outlined herein, are necessary for the development of the District as required by the applicable independent unit of local government.

Description of Land Use
The lands within the District encompass approximately 67.84acres. The current development plan for the proposed lands within the District includes approximately 510 commercial dwelling units (including a mixture of condominium, townhome and single-family home units, with appropriate code-consistent parking). The authorized uses for the land included within the District are consistent with the City of Orlando Comprehensive Land Use Plan (the "City Comprehensive Plan").

Storey Drive Community Development District Engineer's Report for Capital Improvements

The approved land uses within the District include the following areas. Exhibits included herein provide detail on land use locations and the development program.

Proposed Development	Approximate Acres
I	
Private	37.67	
Stormwater	12.06	
Open Space	5.32	
Roads & Utility Tracts	12.79	
Total Acres	67.84	

Section2	Government Actions

The following are the permitting agencies that will have jurisdiction for approval of construction within the District. Depending on the location and scope of each project design, the individual permits that need to be obtained will need to be evaluated; not all will necessarily apply to every sub-phasewithin the District.
Permitting Agencies & Permits Required
City of Orlando
SPMP
Mass Grading (optional)
Site Development Plan
Final Plat
South Florida Water Management District (SFWMD)
Environmental Resource Permit
Mass Grading/Master Stormwater Construction
Final Engineering for Onsite Improvements
Water Use Permit (Dewatering)
Mass Grading/Master Storm
Final Engineering for Onsite Improvements
Orlando Utilities Commission Water (OUC)
Final Engineering Construction Plans -Water and Irrigation Systems
Orange County Utilities (OUC)
Gravity Sewer Lines and Pump Station with Onsite and Offsite Force Main
Florida Department of Environmental Protection (FDEP)
Water Distribution System
Sanitary Sewer Collection and Transmission System
National Pollutant Discharge Elimination System (NPDES)
Army Corp of Engineers
Florida Fish and Wildlife Conservation Commission (FWC)

Storey Drive Community Development District Engineer's Report for Capital Improvements

Section3	Infrastructure Benefit

The District will fund, and in certain cases maintain and operate public infrastructure yielding two types of public benefits. These benefits include:
Project wide public benefits
Incidental public benefits
The project wide public benefits are provided by infrastructure improvements that serve all lands in the District. These public infrastructure improvements include construction of the master stormwater management system, the sanitary sewer, potable water, and reclaimed water mains, roadway network, offsite roadway and utility improvements, perimeter landscape and irrigation improvements within the District boundary. However, some incidental public benefits include those benefits received by the general public who do not necessarily reside on land owned or within the District.

The proposed capital improvements identified in this report are intended to provide specific benefit to the assessable real property within the boundaries of the District. As much of the property is currently undeveloped, the construction and maintenance of the proposed infrastructure improvements are necessary and will benefit the property for the intended use as a residential community. The District can construct, acquire, own, operate and/or maintain any or all of the proposed infrastructure. The Developer or other party/ parties will construct and fund the infrastructure outside of the District and/or not funded by the District.

Section 4	Capital Improvement Plan

The District capital improvements will connect and interact with the adjacent offsite roads, stormwater management systems, potable water, reclaimed water, and sewer systems. The proposed infrastructure improvements addressed by this Report include elements internal and external to the District. The elements include the master stormwater management and drainage systems, roadway improvements, landscaping, street lighting, pavement markings and signage, as well as potable watermain, reclaimed watermain and sewer extensions required to provide utility service to the District. Detailed descriptions of the proposed capital improvements are provided in the following sections and Exhibits 5 through 10. Exhibit 11, details the Cost Opinion for the District's capital improvement plan.

The Improvement Plan will be constructed and financed in logical segments, as property within the District is developed by the Developer. The District anticipates issuing multiple series of bonds to fund all or a portion of the Capital Improvement Plan.

Storey Drive Community Development District Engineer's Report for Capital Improvements

Secdon5	Description of Capital Improvement Plan

Roadway Improvements
As indicated above, the District will fund roadway construction internal to the District consisting of local roadways. Exhibit 4, Roadway Ownership Map, provides a graphical representation of the proposed improvements. All such local roadways will be open to the public.

Stormwater Management
As indicated above, the District will fund the construction of the master stormwater management system for the lands within the District. This system is made up of wet detention stormwater treatment ponds, control structures, spreader swales, inlets, manholes and storm pipes. The proposed ponds and outfall structures have been designed to provide water quality treatment and attenuation in accordance with City of Orlando and the South Florida Water Management District regulations. The stormwater management system has been designed to accommodate on-site runoff in addition to offsite flows which have historically entered the project site. Exhibit 5, Post-Development Basin Map provide graphical representations of the proposed stormwater management system.

5.3100-Year Floodplain
Pursuant to the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Map (FIRM) panels 12095C0405F dated September 25, 2009, This site is predominantly within Zone X that is defined as "Areas of minimal or no flooding". A portion of the site along the surrounding canal system is within Zone AE, with determined base flood elevations.. Exhibit 6, FEMA 100-Year Floodplain details the floodplain limits relative to the District boundaries.

The lack ofFEMA FHA does not preclude of any Jurisdiction having permitting authority from requiring the establishment of Base Flood Elevations (BFE) nor to avoid measures resulting from any filled areas below the BFE which will require mitigation in the form of a volume-for-volume match between BFE impacts and compensating storage.

Master Infrastructure

Primary Roadways
The primary roadway improvements include approximately 995 linear feet of road and will define the major ingress and egress points throughout the Development as well as serve as the collector roads to support future residential development. The roadways will also serve as locations for the placement of utility infrastructure needed to serve the development of the project, see Exhibit 4.

Potable Water Distribution System
The District will fund the construction of the water distribution system within the District and those portions required to connect to existing or proposed offsite facilities. The potable water system will be conveyed to, and owned and maintained by OUC once it has been certified complete. The main sizing within the District, sized to provide water to residents of the District, will be required to be designed and constructed based on the Master Utility Plan (MUP). Exhibit 7, Potable Water Distribution System Map, provides a graphical representation of the water mains to be constructed within the District.

Storey Drive Community Development District Engineer's Report for Capital Improvements

Wastewater System
The District will fund the construction of the gravity sewer, force main, and lift station infrastructure within the District and those portions required to connect to existing or proposed offsite facilities. The wastewater system will be conveyed to, and owned and maintained by OCU once it has been certified complete by the District. The main sizing and lift stations within the District, sized to provide wastewater service to the residents of the District, will be required to be designed and constructed based on the MUP. Exhibit 8, Wastewater System Map, provides a graphical representation of the proposed system within the District.

Landscape & Hardscape
The landscaping and irrigation of the primary roadways will provide the "first impression" of the Development. The District will fund landscape and hardscape construction and maintenance within common areas which may include perimeter landscape buffers, master signage, way finding signage, entry hardscape features, entry landscape, amenity area landscape and hardscape, pedestrian/multi-purpose trails, and street trees. The District will own and maintain foregoing improvements.

Electrical Distribution and Street lights
Most, if not all, District constructed Master Infrastructure will include underground electric and street lighting. The street lighting system will be constructed in cooperation with Osceola County, Duke Energy and the Developer. The District will fund the cost to trench the underground installation only. Leasing and monthly service charges associated with the upgraded street lighting fixtures along District owned and maintained roadways within the District are the responsibilities of others. Duke Energy and the appropriate community entity will own and maintain the electric and street light infrastructure.

Professional and Inspection Fees
Design, permitting and construction for the proposed District Capital Improvement Plan, professional services are required by various consultants. The consultants required are: civil engineer, geotechnical, planner, environmental, surveying, and landscape architect. During construction, the various permitting agencies will observe and inspect the project. Each of the agencies will charge an inspection fee to cover the costs associated with an inspector visiting the site to observe construction progress and confirm that the project is constructed in accordance with their respective approved plans, permits, rules, and regulations. The Professional Services and Inspections Fees are included as Soft Costs for the District Capital Improvement Plan.

Storey Drive Community Development District Engineer's Report for Capital Improvements

Section 6 Ownership and Maintenance

Proposed District Capital	Ownership	Maintenance
Improvements Plan	

Onsite Roadway & Alley Improvements Offsite Roadway Improvements
Master Stormwater Management System Potable Water Distribution System Sanitary Sewer System
Landscaping, Irrigation and Signage Electrical Distribution & Street Lights

City/District County
District
ouc ocu
District
Duke Energy/District

City/District County District
ouc
ocu
District
Duke Energy/District

Section 7 Roadway Rights-of-Way, Stormwater Management Ponds and Other Open Spaces

Real property interests for lands within the District needed for construction, operation, and maintenance of District facilities will be conveyed and/or dedicated by the owner thereof to the District or other Public entity at no cost.

Section 8 Estimate of Probable Capital Improvement Costs

The Estimate of Probable Capital Improvement Plan Costs is provided in Exhibit 11. Design costs associated with the improvements herein before described have been estimated based on the best available information. Other soft costs include portions of the wetland/permit surveying, design and engineering for all of the described work, regulatory permitting and materials testing. Last, a reasonable project contingency estimate has been included utilizing rounding factors.
Please note that the costs are preliminary in nature and subject to change based on final engineering, permitting, and changes in construction cost due to market fluctuation.

Section 9 Condusions and Summary Opinion

The Capital Improvement Plan as described are necessary for the functional development of the property within the District as required by the applicable local governmental agencies. The planning and design of the infrastructure will be in accordance with current governmental regulatory requirements. The public infrastructure as described in this Report will serve its intended function provided the construction is in substantial compliance with the future design and permits which will be required by the District. In addition to the annual non-ad valorem assessments to be levied and collected to pay debt service on the proposed bonds, the District will levy and collect an annual "Operating and Maintenance" assessment to be determined, assessed and levied by the District's Board of Supervisors upon the assessable real property within the District, for the purpose of defraying the cost and expenses of maintaining District-owned improvements.

The construction costs for the District's Capital Improvement Plan in this report are based on the concept plans for the District as currently proposed. In our professional opinion, and to the best of our knowledge and belief, the costs provided herein for the District are reasonable to complete the construction of the infrastructure improvements described herein. All of the proposed infrastructure Capital Improvement Plan

Storey Drive Community Development District Engineer's Report for Capital Improvements

costs are public improvements or community facilities as set forth in sections 190.012(1) and (2) of the Florida Statutes.

The summary of probable infrastructure construction costs is only an opinion and not a guaranteed maximum price. Historical costs, actual bids and information from other professionals or contractors have been used in the preparation of this report. Contractors who have contributed in providing the cost data included in this report are reputable entities with experience in Central Florida. It is therefore our opinion that the construction of the proposed District Capital Improvement Plan can be completed at the costs as stated.

The labor market, future costs of equipment and materials, increased regulatory actions and requirements, and the actual construction process are all beyond our control. Due to this inherent opportunity for fluctuation in cost, the total final cost may be more or less than this opinion.

As District Engineer:
Poulos & Bennett, LLC

Darin A. Lockwood, P. E., NCEES
State of Florida Professional Engineer No. 63504

Storey Drive Community Development District Engineer's Report for Capital Improvements

Appendix

CDD BOUNDARY

i
sl

 ,w,, 	    

I

--	--	--

AREA

1 1½:s	AMENITY

- 1f	

::s::  >	!
0  Ml2·  .	'>
-	-

11 lr---iD,	I	I-'	.L,       _;._    I	r- 'I'   I    I    I    I     '-'   '?
1¥1r=:::=:1	-      r-y-   @..Q	I  I  111   T"  I  I  I  I     I  I    b---& I   I   I   I   I   I	"ti        11	rT      rll          I  -    fa     =G   1     11 11      1	r,

,so·	o *,so·

Conceptual Site Plan

Storey Drive CDD	
....,.	M

300'
!

April 26, 2021
P& O Jo b No.: 1'>-060
l:\2!0l1\1t-oe0 l.1llMA -	DllfiiE\aiiii'ijiM,a fl:S\Clll OIBJ i-- - !'WJC" #Cl l'IIWC t.m

2602E.Ll,fog,maSc     POU LO-Sc	EN N ET T .,.,.,,poulouadb<M«coom
Orbndo, Ronda 3280}. 407.4ff72594	Qniiia.tc ofAuthoriz;ation No. 2.8567

SCALE IN FEET
Exhibitl2

'-.._

J	.	-- -·

I	- -

/p   ROJECT  BOUNOAR Y

....	.w;.-		 ----

...

---

--
--......	....	.....,.:;....
......	-w-
1:.W.-- -- -.  -w-s'A'ito, .u..Jit.E"
.. ...... ◄•

....

._
,,.:._

--­

-.-

,- -

v	.--·

1-

;--

-
-c:  .

...

- l : ! ?	·

'  ........, \
'	'
\ '.,
L

Location Map

..,...

 	Store	Drive CDD	
1000·
2602Ei;.,,,g,umSt POULOS ENNETT www.pouloundb,M<tt.<om
Oi::b.ndo, P1orida. 32803- 407.4872594	Cert:ifk1U: of Authorization No. 28567

o -*.coo·
SCALE IN FEET
Exhibit 1

200·0

Vicinity Map
Storey Drive CDD

 	,  _

POU LOS -=ilEN N ETT www.powo,... bconttt.oom
CcmficaU! of Authorlution No. 28567

500·	o *	5 00'
SCALE IN FEIT
2

m-.cT e rtsnv.1,L a,.y ll!PL,.1
P.e.   eo.  PCS.  515-59     --

TRACT e ttsnv.\l. B.&Y T
P  .e ,  eo,  PCS. .5&-5t

...A,_,,: :':,	- -

_ ,.· . _._...

lL'SS OUT fOMCQ.
IW IU'I

;.,;·.-    ··:....•.-
,;.·.- ·i

....
.;.

:  -	...	-i	'

w,

: v--,:-.._  ./·_-·--·,, _;.;

·-:::   -.:.:c.:.  .:>·1./J•.···• ' ""
·-, ·

;...

...-...•·· / ',// -

..--.....,-· .-:!:!- .·.-..· ::.- .

if- ..;;sl'.,;. ·: .:.. : -:'.'· - :::: -

=e. ,;

      .      !  F.:--           .-! :•K·    - --.ial:·· ..  :-r:1·	a :·.---16· .:. ..a .---·- -.. .-

;
·- !

.. I

-- --­	 	

(/--·

··\

"(l"'
- :!
ffi­
ffi ii

- ":,:;"":, =

,J, _ •..

,;.'!,_... ·
,/

-,:  ....   ....._.,  ..... :.;;,;

HC.COIMlllll.OO!f l f,IC(l,o f' M!I

'-.:. ::i::£	· .w ..

5'C:n-O.ll.f:l',:('-l',G,  V.

=•_7j:

·-•- m•	G..J"6 .i, - -

, j),

;5 	 	;; -;:

,· r:.

f:i-. ,-·1 :· .·

1 j·

l? E.

t   f :: r"	'

;:t·""·'·· :[·.y  :.	:tJ J J: ;r:.:

·••·••·······1+· .·

1·  --.=1::1£di	'.

t

2

1

•	1	I	·····    ····    ..P  t ·· Y. .•   PC. ,  ·,	1	!	i	i	·

.. -L-=.. -.-..	,           :     -.1..       ,	:	1	1	TAHc:no PARK   SECT!Of   Fl	,	I	I   w1   =•         -=

z	.r

....T..A.H..G...O..o  PNtk  SEcTK»il  n...:	1	I d    i    \i  D,: IIF.cDOI'  n-<

.:  :8..•..,.  :   61	....	• 	i ··

..r 	;. --.,-i"'..,_

THE NORTH J/2 OF THE NORTHEAST l/4 LESS THE SOUTH 30 FEET OF THE WEST 251',04 FEET OF SECTION 30, TOWNSHIP 23 SAID POINT ALSO BEING ON THE EASTERLY RIGHT-Of-WAY LINE Of POMELO DRIVE AS RECORDED ON THE PLAT OF SA!D Of ORANGE COUNTY, FLORIDA; THENCE LfAVING THE WEST LINE OF SAID NORTHEAST 1/4 ALONG A NON•TANGENT OJRVETO

3	1

SOUTH, RANGE 29EAST, ORANGE COUNTY, FLORIDA.	TANGELO PARK SECTION FNE; THENCE LEAVING THE NORTHERLY UNE OF SAID BLOCJ: 6. NORTH 00-07'50" WEST ALONG THE THE LEFT, Al50 BEING ALONG THE EASTERLY RIGHT·OF•WAY LINE OF SAlO INTERNA.TIONAL DIIIVE, AN ARC O!STAIIICE OF 279.31

:USS=ANMD EXoCE:Pf  lHERtfftOM.  THAT  PORTION  Of  INTERNATIONAL  DfU\IE  EXTENSION  AS  DESCRIBED  IN l  HAl    CEllfNN   EASTERll' RIGHT-Of-WAY UNE Of SAO POMElD DRIVE ADtSTANCE Of 30.00 FEET TO USINTERSECTION WITH THE NOKTHERLY    FEET (SAk'.> CUftVE HAVING A RAOilrS Of 662 FEET, A DELTA Of z,4•09•1,• AND A CHORD BEARING ANO DISTANCE Of NORTH

9	:F t   !        3'   ! \    G	e	o	:     =	R1:      ·   i: :v  if  ='     w   e"SOFR   ;     OT	T	:        H:   R        : t :n v:.•r::-J  0•: ':   is	J  A	N     't	i     o   ASP ::o       OF        :       :g

:; e:: d:i :	A:1	: 1	:_.v	IO :ir·:·:sr !

'	'	'	'	. RIGHT-OF•WAY UNE OF VANGUARD STREET A OISTANCE OF 1344.60 FEET TO A POINT; THENCE CONllNUING ALONG THE NORTHEAST l/4·THENCE LEAi/iNG THE EASTERLY RIGHT-Of.WAY LINE Of SAID INTERNATIONAL DRIVE, SOUTH 89"SS'22" EAST MORE PARTICULARLY DESCRIBED AS FOLLOWS:					NORTHERLV RIGHT-OF-WAY LINE OF SAID VANGUAROSTREET,SOUTH 89'55'18" WEST A DISTANCE OF 1174.iO FEET TO A POINT  ALONG THE NORTHERLY LINE OF SAID NORTHEAST COICNER A DISTANCE OF 2594.93 FEET TOTHE POINT OF BEGINNING.	' BEGINNING Af THE NORTHEAST CORNER Of SECOON 30, TOWNSHIP 23 SOUTH, RANGE 29 EAST, ORANGE COUNTY, FLORIDA,:   ON THE WEST UNE OF THE NORTHEAST 1/4 OF SAID SECTION 30, 5AIO POINT ALSO BEING THE NORTHWEST CORNER Of SAID   LESS AND l:XCEPl THAT PORTION CON\IEl'ED TO TME OTY OF ORI.ANDO  BV THAT WARAANTY  DEED ftECORDED IN OFRCIAI.
:   R5r°	o	T   :       E	!,_     L	':    H	t!     L     :1  :5	RECORDS B001( 10665, PAGE 60, 6 0FT     P U8LIC REOJROSOFOMNGE COUNTY,F  lOfU0.4

 	*	

d B	d	gal

RECCRDS Of ORANGE COUN'TY, FLO!tlOA: THEtKl L!AV1MG Tl-IE EAST UNf Of SAID NOIUHEASI 1/ 4, NORTH 89'42'06"" WtST RIGHT-Of-WAY LINE ON INTERNATIONAL OJWE "'5 RECORDfD IN OFftOAL RECORDS SOOX 3616, PAGE 1420, PUBUC R(COf!DS lES5ANOEXCEf'TTHAT PORTIONf 0 8£PftO\/OED:

Metes an	oun s & Le

ALONG THE NOIHHERLY UNE OF SAID BLOCK 6,,._ DISTANCE OF 13S.OS FEET TO THE NOAniWEST CORNER Of SAID BLOCK G,	TWE ABOVEOESCRIBEDTRACTOFLAND CONTA!NS2,955,2465QUARE FEET.OR G7.84ACF:E5 MORE OR LESS.

·

soum;

SUIMY & IIGAL OESCRIPTION PREPARED
BY AllEN  & COMPANY

April26,2021 P&BJob No.: 1'-060
B.»11\1..-  WtM• INElll'OM.	--

Store,r Drive COD

Orbnda,Aoridal2803--40US7.159'1

2(,()2E.. Living1ton Sc. POULoscSarnNNETT ;::-:;:..'!':;.-;:-,::;N,.l0567

0	100	200

SCMi. lNllll
Exhibit3

-	..... -,,,,,,,,,,-,I#/£

l
·1

Basin POST-1
(10.34 Ac.) ,-
/
I

r-.   B- 1
Basin POST-3

,

(1,.7..0. 2Ac.)

'.S:
·t

I	---- -

.

.

.

.• I • I •
I

"

•l•l•I • l n  l •	•	N	•lnla w

.. "	. •  .	I

- I

 	*	

-i	"

100'	0	100'	200'

,..,._i.,;,,..,.s, POU L OSW	EN NE TT -•ro--•-m
Orllndo, PJorida »803-..o7A87.2!5M     ----	-----      Catir.:.ll!ofA IIUIQ.iu  ti1111No.    28567

LINFEET
Exhibit 5

FEMAMap
Store	Drive COD

 	*	

25_0' ,.---0	250'
SCALE IN FEEr
Exhibit 6

500'
I

It------/// (( 

 	r-=-==:===

]§[   	       	

AMENITY
AREA

POND3

 	    "'7;  1     1 ,	1  ,     ,     ,	1     ,     1    1   ;1/  11  r..,, , °:: 91       ,    .

, , , , , , , , :

,, , .

, , , 1

......   ,   .._  ,    ••    H, ,!'.      n r

L	r'
,.. r-t5.b;	 7  :=e=i  .._  	,.._P.o  tab le   Water Distribution System

Storey Drive COD
----r,·-	-	-
260ZB.u,,;,,g,...   s,   POU LOS	EN N ET T	.

150 '
liiiiiiil

SCALE IN FEEr

0     *	,so·

Odando, Aorida l2803- «Tl.487.l594 - - - - -

:-- -      -      -    -     -	Cmifbteo(AuthoriutionNo.23567

E xhi bit 7

':\201e\1t-<10D-1..DM1 - IIIJDIMTIOIW. DIIM\l'JO\EXH • ,i;s:'\Cm

- au• :IIJOI NTIRCuftiR5

1	11.11(1	If

,,--1;-;.,r,4'..,'   "I I.

AMENITY
AREA

- - -	 -=-l111 ,1 14  --7crp-{_r	9	i 1 •  .--:ap,,  J&	l 	I
I	u	I         I  I	J J
)	f;	0	 n		m	O	0	1    nt1111	,   , l	I  , •	I

Wastewater Distribution Sytem

300'
I

 		Storey Drive COD
-	-	-,   tr,  -	-	-
U02B.lmng,<onSL POULOS""(" ENNETT .-dbmneiL-

150'
liiiiil

SCALE IN FEEl

O*

150'

Orlando. Flori<h 32803- 407.487.259-4

I

Certificate of Authoriz:mon.No. 28567

Exhibit 8

10\lo-oeGlfltM- IMDIWION,l,L	6 ms\Clll	IT 4"• 'Wll'Ellt. .-iJ tntltCU'IQIS

Future Land Use Plan
Storev Drive COD

250'
liiiiiil

-*0

250•

500'

April 26, 2021
P & BJob No.: 19-060
i:\:l01f\1t=oe0-LSf'Wt ..  INIDIIMllJIW. UMW(I\CII' ,t ft:S\CllO -	I .. w;HTY llff

2"02E.1mng,.,.s,. POULOS ENNETT .poo1ounabamcu.<om
Orh.ndo, floddt.32B03- 407 .487. 2594    ------'	,	rti&catc u! Authorization No.28567

SCALE IN FEET
Exhibit9

-	CDD--Porll	- ax>-Entnn:e Rood

 --

--

Road

COD Utiltin Under Private	D	OCU-Uft. station
D

Public-Pond
CDD BOUNDARY	1	Pubic  ""'-8 to ax> land	D

I
l

I

·

AMENITY
AREA

P"'111e

 	Future Public and Private Uses Within CDD	

150'

 	Storev Drive CDD	
liiiiiiiZ5iiiii

0- ♦

s,o ·

300'
!

April 26, 2021
P &: BJob No.: 19,-060
Z:\2011\19--0IIO   -tf1tR'M110tW.	6:   ,i:np    -	f-    111M1.	#0   """'TE USES

2602!Um,g,mnS• POULOS-{" ENNETT .po,,1-abennctt.oom
Orundo.Aorldt3280l-407.487.2594	·	Ccrtific:atcorAuthorizationNo.28567

SCALE IN F'ECT
Exhibit 10

EXHIBIT
Storey Drive CDD
Estimate of Probable Capital Improvement Costs December 2, 2020

	Facility	Estimated Cost	
	
Roadways (Entrance Road, Pavers, Curb)	
$	422,492.68	
	Master Stormwater System (Pipes, Structures & Ponds)	$	1,862,009.02	
	Potable Water System (Pipes, Fittings, Valves, etc.)	$	678,164.45	
	Wastewater System (Pipes, Structures & Lift Station)	$	1,412,136.24	
	Electrical Undergrounding (Power & Streetlighting)	$	1,155,000.00	
	Landscape & Hardscape (Landscaping, Walls, Fencing, Sidewalk & Sod)	$	2,603,056.47	
	Offsite Improvements (Traffic Signal, Box Culvert, Forcemain)	$	881,250.00	
	
Subtotal	
$	9,014,108.84	
	Professional Fees (10%)	$	901,410.88	
	Subtotal	$	9,915,519.73	
	Contingency (10%)	$	901,410.88	
	
Total	
$ 10,816,930.61	

S ECTION 2

MASTER
ASSESSMENT METHODOLOGY

FOR STOREY DRIVE
COMMUNITY DEVELOPMENT DISTRICT

Date: May 5, 2021

Prepared by

Governmental Management Services – Central Florida, LLC 219 E. Livingston Street
Orlando, FL 32801

Table of Contents

Introduction	3
Purpose	3
Background	3
Special Benefits and General Benefits	4
Requirements of a Valid Assessment Methodology	5
Special Benefits Exceed the Costs Allocated	5
Assessment Methodology	5
Overview	5
Allocation of Debt	6
Allocation of Benefit	6
Lienability Test: Special and Peculiar Benefit to the Property	7
Lienability Test: Reasonable and Fair Apportionment of the Duty to Pay Non-Ad Valorem Assessments	7
3.0 True-Up Mechanism	8
4.0 Assessment Roll	8
5.0 Appendix	9
Table 1: Development Program	9
Table 2: Infrastructure Cost Estimates	10
Table 3: Bond Sizing	11
Table 4: Allocation of Benefit	12
Table 5: Allocation of Benefit/Total Par Debt to Each Product Type	13
Table 6: Par Debt and Annual Assessments	14
Table 7: Preliminary Assessment Roll	15
GMS-CF, LLC does not represent the Storey Drive Community Development District as a Municipal Advisor or Securities Broker nor is GMS-CF, LLC registered to provide such services as described in Section 15B of the Securities and Exchange Act of 1934, as amended. Similarly, GMS-CF, LLC does not provide the Storey Drive Community Development District with financial advisory services or offer investment advice in any form.

Introduction

The Storey Drive Community Development District is a local unit of special-purpose government organized and existing under Chapter 190, Florida Statutes (the “District”), as amended. The District plans to issue up to $14,020,000 of tax exempt bonds in one or more series (the “Bonds”) for the purpose of financing certain infrastructure improvements within the District, more specifically described in the Master Engineer’s Report dated May 5, 2021 prepared by Poulos & Bennett, Inc. as may be amended and supplemented from time to time (the “Engineer’s Report”). The District anticipates the construction of public infrastructure improvements consisting of improvements that benefit property owners within the District.

Purpose

This Master Assessment Methodology Report (the “Assessment Report”) provides for an assessment methodology for allocating the debt to be incurred by the District to benefiting properties within the District. This Assessment Report allocates the debt to properties based on the special benefits each receives from the District’s capital improvement plan (“CIP”). This Assessment Report will be supplemented with one or more supplemental methodology reports to reflect the actual terms and conditions at the time of the issuance of each series of Bonds. This Assessment Report is designed to conform to the requirements of Chapters 190 and 170, Florida Statutes with respect to special assessments and is consistent with our understanding of case law on this subject.

The District intends to impose non ad valorem special assessments on the benefited lands within the District based on this Assessment Report. It is anticipated that all of the proposed special assessments will be collected through the Uniform Method of Collection described in Chapter 197.3632, Florida Statutes or any other legal means of collection available to the District. It is not the intent of this Assessment Report to address any other assessments, if applicable, that may be levied by the District, a homeowner’s association, or any other unit of government.

Background

The District currently includes approximately 67.84 acres within the City of Orlando, Orange County, Florida. The development program currently envisions approximately 510 residential dwelling units consisting of single-family homes, townhomes, and condominiums (herein the “Development”). The proposed Development program is depicted in Table 1. It is recognized that such land use plan may change, and this Assessment Report will be modified accordingly.

The public improvements contemplated by the District in the CIP will provide facilities that benefit certain property within the District. The CIP is delineated in the Engineer’s Report. Specifically, the District will construct and/or acquire certain

roadways, master stormwater systems, potable water systems, wastewater systems, electrical undergrounding, landscape & hardscape, offsite improvements, professional fees, and contingencies. The acquisition and construction costs are summarized in Table 2.

The assessment methodology is a four-step process.

The District Engineer must first determine the public infrastructure improvements that may be provided by the District and the costs to implement the CIP.
The District Engineer determines the assessable acres that benefit from the District’s CIP.
A calculation is made to determine the funding amounts necessary to acquire and/or construct CIP.
This amount is initially divided equally among the benefited properties on a prorated gross acreage basis. Ultimately, as land is platted, this amount will be assigned to each of the benefited properties based on the number of platted units.

Special Benefits and General Benefits

Improvements undertaken by the District create special and peculiar benefits to the assessable property, different in kind and degree than general benefits, for properties within it’s borders as well as general benefits to the public at large.

However, as discussed within this Assessment Report, these general benefits are incidental in nature and are readily distinguishable from the special and peculiar benefits, which accrue to the assessable property within the District. The implementation of the CIP enables properties within its boundaries to be developed. Without the District’s CIP, there would be no infrastructure to support development of land within the District. Without these improvements, development of the property within the District would be prohibited by law.

There is no doubt that the general public and property owners outside the District will benefit from the provision of the District’s CIP. However, these benefits will be incidental to the District’s CIP, which is designed solely to meet the needs of property within the District. Properties outside the District boundaries do not depend upon the District’s CIP. The property owners within the District are therefore receiving special benefits not received by those outside the District’s boundaries.

Requirements of a Valid Assessment Methodology

There are two requirements under Florida law for a valid special assessment:

The properties must receive a special benefit from the improvements being paid for.
The assessments must be fairly and reasonably allocated to the properties being assessed.

Florida law provides for a wide application of special assessments that meet these two characteristics of special assessments.

Special Benefits Exceed the Costs Allocated

The special benefits provided to the property owners within the District are greater than the costs associated with providing these benefits. The District Engineer estimates that the District’s CIP that is necessary to support full development of property will cost approximately $10,816,931. The District’s Underwriter projects that financing costs required to fund the infrastructure improvements, including project costs, the cost of issuance of the Bonds, the funding of debt service reserves and capitalized interest, will be approximately $14,020,000. Additionally, funding required to complete the CIP which is not financed with Bonds will all or a portion of be funded by Developer. Without the CIP, the property would not be able to be developed and occupied by future residents of the community.

Assessment Methodology

Overview

The District is planning to issue up to $14,020,000 in Bonds to fund the District’s CIP, provide for capitalized interest, a debt service reserve account and cost of issuance. It is the purpose of this Assessment Report to allocate the $14,020,000 in debt to the properties benefiting from the CIP.

Table 1 identifies the proposed land uses as identified by the Developer and current landowners of the land within the District. The District has relied on the Engineer’s Report to develop the costs of the CIP needed to support the Development, these construction costs are outlined in Table 2. The improvements needed to support the Development are described in detail in the Engineer’s Report and are estimated to cost
$10,816,931. Based on the estimated costs, the size of the bond issue under current market conditions needed to generate funds to pay for the CIP and related costs was determined by the District’s Underwriter to total approximately $14,020,000. Table 3 shows the breakdown of the bond sizing.

Allocation of Debt

Allocation of debt is a continuous process until the development plan is completed. The CIP funded by District Bonds benefits all developable acres within the District.

The initial assessments will be levied on an equal basis to all acres within the District. A fair and reasonable methodology allocates the debt incurred by the District proportionately to the properties receiving the special benefits. At this point all of the lands within the District are benefiting from the improvements.

Once platting or the recording of declaration of condominium, (“Assigned Properties”) has begun, the assessments will be levied to the Assigned Properties based on the benefits they receive. The Unassigned Properties, defined as property that has not been platted, assigned development rights or subjected to a declaration of condominium, will continue to be assessed on a per acre basis (“Unassigned Properties”). Eventually the development plan will be completed and the debt relating to the Bonds will be allocated to the planned 510 residential dwelling units consisting of single-family homes, townhomes and condominiums, within the District, which are the beneficiaries of the CIP, as depicted in Table 5 and Table 6. If there are changes to the development plan, a true up of the assessment will be calculated to determine if a debt reduction or true-up payment from the Developer is required. The process is outlined in Section 3.0

The assignment of debt in this Assessment Report sets forth the process by which debt is apportioned. As mentioned herein, this Assessment Report will be supplemented from time to time.

Allocation of Benefit

The CIP consists of roadways, master stormwater systems, potable water systems, wastewater systems, electrical undergrounding, landscape & hardscape, offsite improvements, professional fees, and contingency. There are three residential product types within the planned development. The single-family home has been set as the base unit and has been assigned one equivalent residential unit (“ERU”). Table 4 shows the allocation of benefit to the particular land uses. It is important to note that the benefit derived from the improvements on the particular units exceeds the cost that the units will be paying for such benefits.

Lienability Test: Special and Peculiar Benefit to the Property

Construction and/or acquisition by the District of its proposed CIP will provide several types of systems, facilities and services for its residents. These include roadways, master stormwater systems, potable water systems, wastewater systems, electrical undergrounding, landscape & hardscape, offsite improvements,

professional fees, and contingency. These improvements accrue in differing amounts and are somewhat dependent on the type of land use receiving the special benefits peculiar to those properties, which flow from the logical relationship of the improvements to the properties.

Once these determinations are made, they are reviewed in the light of the special benefits peculiar to the property, which flow to the properties as a result of their logical connection from the improvements in fact actually provided.

For the provision of CIP, the special and peculiar benefits are:

the added use of the property,
added enjoyment of the property, and
the probability of increased marketability and value of the property.

These special and peculiar benefits are real and ascertainable, but are not yet capable of being calculated as to value with mathematical certainty. However, each is more valuable than either the cost of, or the actual non-ad valorem special assessment levied for the improvement or the debt as allocated.

Lienability Test: Reasonable and Fair Apportionment of the Duty to Pay Non-Ad Valorem Assessments

A reasonable estimate of the proportion of special and peculiar benefits received from the public improvements described in the Engineer’s Report is delineated in Table 5 (expressed as Allocation of Par Debt per Product Type).

The determination has been made that the duty to pay the non-ad valorem special assessments is fairly and reasonably apportioned because the special and peculiar benefits to the property derived from the acquisition and/or construction of the District’s CIP have been apportioned to the property according to reasonable estimates of the special and peculiar benefits provided consistent with the land use categories.

Accordingly, no acre or parcel of property within the boundaries of the District will have a lien for the payment of any non-ad valorem special assessment more than the determined special benefit peculiar to that property and therefore, the debt allocation will not be increased more than the debt allocation set forth in this Assessment Report.

In accordance with the benefit allocation suggested for the product types in Table 4, a total debt per unit and an annual assessment per unit have been calculated for each product type (Table 6). These amounts represent the preliminary anticipated per unit debt allocation assuming all anticipated units are built and sold as planned, and the entire proposed CIP is developed or acquired and financed by the District.

3.0	True Up Mechanism

Although the District does not process plats, declaration of condominiums, site plans or revisions thereto for the Developer, it does have an important role to play during the course of platting and site planning. Whenever a plat, declaration of condominium or site plan is processed, the District must allocate a portion of its debt to the property according to this Assessment Report outlined herein. In addition, the District must also prevent any buildup of debt on Unassigned Property. Otherwise, the land could be fully conveyed and/or platted without all of the debt being allocated. To preclude this, at the time Unassigned Properties become Assigned Properties, the District will determine the amount of anticipated assessment revenue that remains on the Unassigned Properties, taking into account the proposed plat, or site plan approval.  If the total anticipated assessment revenue to be generated from the Assigned and Unassigned Properties is greater than or equal to the maximum annual debt service then no adjustment is required. In the case that the revenue generated is less than the required amount then a debt reduction or true-up payment by the landowner in the amount necessary to reduce the par amount of the outstanding Bonds plus accrued interest to a level that will be supported by the new net annual debt service assessments will be required.

4.0	Assessment Roll

The District will initially distribute the liens across the property within the District boundaries on a gross acreage basis. As Assigned Property becomes known with certainty, the District will refine its allocation of debt from a per acre basis to a per unit basis as shown in Table 6. If the land use plan changes, then the District will update Table 6 to reflect the changes. As a result, the assessment liens are neither fixed nor are they determinable with certainty on any acre of land in the District prior to the time final Assigned Properties become known. At this time the debt associated with the District’s CIP will be distributed evenly across the acres within the District. As the development process occurs, the debt will be distributed against the Assigned Property in the manner described in this Assessment Report. The current assessment roll is depicted in Table 7.

TABLE 1
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT DEVELOPMENT PROGRAM
MASTER ASSESSMENT METHODOLOGY

Product Types	No. of Units *	ERUs per Unit (1)	Total ERUs	
Condominium	240	0.5	120	
Townhome	200	0.75	150	
Single-Family	70	1	70	
 Total Units	510	340	

Benefit is allocated on an ERU basis; based on density of planned development, with a Single Family unit equal to 1 ERU

* Unit mix is subject to change based on marketing and other factors

Prepared by: Governmental Management Services - Central Florida, LLC

9

TABLE 2
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE COST ESTIMATES
MASTER ASSESSMENT METHODOLOGY

Capital Improvement Plan ("CIP") (1)	Total Cost Estimate	
Roadways	$422,493	
Master Stormwater System	$1,862,009	
Potable Water System	$678,164	
Wastewater System	$1,412,136	
Electrical Undergrounding	$1,155,000	
Landscape & Hardscape	$2,603,056	
Offsite Improvements	$881,250	
Professional Fees - Testing & Inspection	$901,411	
Contingency	$901,411	

 	$10,816,931 

(1) A detailed description of these improvements is provided in the Master Engineer's Report dated May 5, 2021

Prepared by: Governmental Management Services - Central Florida, LLC

TABLE 3
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT BOND SIZING
MASTER ASSESSMENT METHODOLOGY

Description	Total

Construction Funds
Debt Service Reserve Capitalized Interest Underwriters Discount Cost of Issuance Contingency

$	10,816,931
$	1,018,538
$	1,682,400
$	280,400
$	200,000
$	21,731

Par Amount*	$	14,020,000

Bond Assumptions:
Average Coupon	6.00%
Amortization	30 years
Capitalized Interest	24 months
Debt Service Reserve	Max Annual D/S
Underwriters Discount	2%

* Par amount is subject to change based on the actual terms at the sale of the Bonds

Prepared by: Governmental Management Services - Central Florida, LLC

TABLE 4
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT ALLOCATION OF BENEFIT
MASTER ASSESSMENT METHODOLOGY

Total
Improvements
No. of	ERU	Total	% of Total	Costs Per Product	Improvement	
Product Types	Units *	Factor	ERUs	ERUs	Type	Costs Per Unit	
Condominium	240	0.5	120	35.29%	$3,817,740	$15,907	
Townhome	200	0.75	150	44.12%	$4,772,175	$23,861	
Single-Family	70	1.0	70	20.59%	$2,227,015	$31,815	
Totals	510		340	100.00%	$10,816,931		
* Unit mix is subject to change based on marketing and other facto

Prepared by: Governmental Management Services - Central Florida, LLC

TABLE 5
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT
ALLOCATION OF TOTAL BENEFIT/PAR DEBT TO EACH PRODUCT TYPE MASTER ASSESSMENT METHODOLOGY

Product Types	
No. of Units *	Total Improvements Costs Per Product Type	Allocation of Par Debt Per Product Type	
Par Debt Per Unit	
Condominium	240	$	3,817,740	$	4,948,235	$	20,618	
Townhome	200	$	4,772,175	$	6,185,294	$	30,926	
Single-Family	70	$	2,227,015	$	2,886,471	$	41,235	
Totals	510	$	10,816,931	$	14,020,000		

Unit mix is subject to change based on marketing and other factors

Prepared by: Governmental Management Services - Central Florida, LLC

TABLE 6
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT
PAR DEBT AND ANNUAL ASSESSMENTS FOR EACH PRODUCT TYPE MASTER ASSESSMENT METHODOLOGY

Product Types	
No. of Units *	
Allocation of Par Debt Per Product Type	
Total Par Debt Per Unit	
Maximum Annual Debt Service	Net Annual Debt Assessment Per Unit	
Gross Annual Debt Assessment Per Unit (1)	
Condominium	240	$4,948,235	$20,618	$359,484	$1,498	$1,593	
Townhome	200	$6,185,294	$30,926	$449,355	$2,247	$2,390	
Single-Family	70	$2,886,471	$41,235	$209,699	$2,996	$3,187	
Totals	510	$ 14,020,000		$1,018,538			

(1) This amount includes collection fees and early payment discounts when collected on the County Tax Bill

Unit mix is subject to change based on marketing and other factors

Prepared by: Governmental Management Services - Central Florida, LLC

TABLE 7
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT PRELIMINARY ASSESSMENT ROLL
MASTER ASSESSMENT METHODOLOGY

Owner	Property*	Net Acres

Total Par Debt Allocation Per Acre

Total Par Debt Allocated

Net Annual Debt Assessment Allocation

Gross Annual Debt Assessment Allocation (1)

Lennar Homes, LLC	Storey Drive CDD	67.84

$	206,663	$

14,020,000	$

1,018,538	$

1,083,551

Totals	67.84

$	14,020,000	$

1,018,538	$

1,083,551

This amount includes 6% to cover collection fees and early payment discounts when collected utilizing the uniform method.

Annual Assessment Periods	30	
Average Coupon Rate (%)	6.00%	
Maximum Annual Debt Service	$1,018,538	

- See Metes and Bounds, attached as Exhibit A

Prepared by: Governmental Management Services - Central Florida, LLC

S ECTION 3

RESOLUTION NO. 2021-15

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS ON PROPERTY WITHIN THE DISTRICT; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE ESTIMATED COST  OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN  WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Storey Drive Community Development District ("Board") hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain certain public infrastructure improvements referred to as the Capital Improvement Plan ("Capital Improvement Plan") described in the Storey Drive Community Development District Engineer's Report dated May 5, 2021 and attached hereto as Exhibit "A" and incorporated by reference (the "Engineer's Report"); and

WHEREAS, the Board has determined that the Storey Drive Community Development District ("District") shall defray the cost of the Capital Improvement Plan by the levy of non-ad valorem special assessments pursuant on the properties within District in pursuant to Chapter 190, Florida Statutes {"Assessments"); and

WHEREAS, the District is empowered by Chapter 190, the Uniform Community Development District Act, Chapter 170, Supplemental Alternative Method of Making Local and Municipal Improvements, and Chapter 197, Florida Statutes, to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain the Improvements and to impose, levy and collect the Assessments; and

WHEREAS, the District hereby determines that benefits will accrue to the property improved, the amount of those benefits, and that special assessments  will be made in proportion  to the benefits received as set forth in the [Master Assessment Methodology for Storey Drive Community Development District] dated May 6, 2021, attached hereto as Exhibit "B" and incorporated by reference (the "Assessment Report") and on file at 219 E. Livingston Street, Orlando, Florida 32801 ("District Records Office"); and

Resolution 2021-15 Declaring Special Assessments Storey Drive COD

WHEREAS, the District hereby determines that the Assessments to be levied will not exceed the benefits to the property improved.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT IN THE CITY OF ORLANDO, ORANGE COUNTY, FLORIDA:

Assessments shall be levied to defray the cost of the Capital Improvement Plan.

The Board hereby approves and adopts the Engineer's Report, which may be amended from time to time by this Board.

The general nature of the Capital Improvement Plan is more specifically described in the Engineer's Report and in certain plans and specifications on file at the District Records Office.

The general location of the Capital Improvement Plan is shown in the Engineer's Report and in plans and specifications on file at the District Records Office.

The estimated cost of the Capital Improvement Plan is approximately $10,816,931 (hereinafter collectively referred to as the "Estimated Cost").

The Assessments will defray approximately $14,020,000 for the Capital Improvement Plan, which includes the Estimated Cost, plus financing related costs, capitalized interest and, debt service reserve.

The manner in which the Assessments shall be made is contained within the Assessment Report, which is attached hereto as Exhibit "B" and is also available at the District Records Office.

The Assessments shall be levied on all lots and lands within the District which are adjoining to, contiguous with or bounding and abutting upon the Capital Improvement Plan or specially benefited thereby and are further designated on the assessment plat referenced below.

There is on file at the District Records Office, an assessment plat showing the area to be assessed, together with plans and specifications describing the Capital Improvement  Plan and the Estimated Cost, which shall be open to inspection by the public.

The District Manager has caused to be made a preliminary assessment roll, in accordance with the method of assessment described in Exhibit "B" hereto, which shows the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment may be divided, which is hereby adopted and approved as the District's preliminary assessment roll.

Resolution 2021-15 Declaring Special Assessments	2
Storey Drive CDD

Commencing with the year in which the Assessments are confirmed, the Assessments shall be paid in accordance with the Assessment Report, but in no event in more than thirty annual installments payable at the same time and in the same manner as are ad-valorem taxes and as prescribed by Chapter 197, Florida Statutes; provided, however, that in the event the non ad-valorem assessment method of collecting the Assessments is not available to the District in any year, or the District determines not to utilize the provisions of Chapter 197, Florida Statutes, the Assessments may be collected as is otherwise permitted by law.

The Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the assessments or the making of the Capital Improvement Plan, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved.

The District Manager is hereby directed to cause this Resolution to be published twice (once a week for two (2) weeks) in a newspaper of general circulation within the City of Orlando, Orange County, Florida and to provide such other notice as may be required by law or desired in the best interests of the District.

This Resolution shall become effective upon its passage.

Any capitalized terms used herein and not defined, shall have the meanings set forth in the Assessment Report.

PASSED AND ADOPTED this 6th day of May, 2021

ATTEST:

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT, a Florida
community development district

By: _ _

_	_	_	_

_	_	_	_

By :       -	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-	-

Name: - - - - - - - - - - -

Name: _ _ _ _ _ _ _ _ _ _ _ _

_ _ _ _

Secretary I Assistant Secretary

Resolution 2021-15 Declaring Special Assessments Storey Drive COD

Chairman/ Vice Chairman

3

Exhibit "A"

Engineer's Report for Storey Drive Community Development District dated May 5, 2021

Exhibit "B"

Master Assessment Methodology
for Storey Drive Community Development District dated May_, 2021

S.E	CTION 4

RESOLUTION 2021-16

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY  DEVELOPMENT  DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON MAY 6, 2021 AT
---	A.M./P.M. AT-----------------

_ _ _ _ _

_ _ _ _ _

_, FOR THE PURPOSE OF HEARING

PUBLIC COMMENT ON IMPOSING SPECIAL ASSESSMENTS ON CERTAIN PROPERTY WITHIN THE DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 197, 190, FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.

WHEREAS, the Storey Drive Community Development District (the "District) is a local unit of special-purpose government duly organized and existing under the provisions of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act"); and

WHEREAS, the District has previously adopted Resolution 2021-15, entitled:

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS ON PROPERTY WITHIN THE DISTRICT; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE ESTIMATED COST  OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN  WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, in accordance with Resolution No. 2021-15, a preliminary assessment roll has been prepared and all other conditions precedent set forth in Chapter 170, 197 and 190, Florida Statutes, to the holding of the aforementioned public hearing have been satisfied, and the roll and related documents are available for public inspection at 219 E. Livingston Street, Orlando, Florida 32801 (the "District Records Office").

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT AS FOLLOWS:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated by reference as a material part of this Resolution.

DECLARATION OF PUBLIC HEARING. The District hereby declares a public hearing

to	be	held	on

_ _ _ _

_ _ _

_	2021,	at	 	

A.M./P.M.	at	the

_  _   _   _   _   _ _  _	for the purpose of hearing comment and objection to the proposed special
assessment program for community improvements as identified in the Master Assessment Methodology dated May_, 2021 (the "Assessment Report") attached hereto as Exhibit "A" and the preliminary assessment roll, available at the District Records Office. Affected parties may appear at the hearing or submit their comments in writing prior to the meeting to the attention of the District Manager at the District Records Office.

ADVERTISING OF PUBLIC HEARING. Notice of said hearing shall be advertised in accordance with Chapter 170, 190, and 197, Florida Statutes, and the District Manager is hereby authorized and directed to place said notice in a newspaper of general circulation  within the City of Orlando, Orange County, Florida (by two publications one week apart with the last publication at least one week prior to the date of the hearing established herein). The District Manager shall file a publisher's affidavit with the District Secretary verifying such publication of notice. The District Manager is further authorized and directed to give thirty (30) days' written notice by mail of the time and place of this hearing to the owners of all property to be assessed and include in such notice the amount of the assessment for each such property owner, a description of the areas to be improved and notice that information concerning all assessments may be ascertained at the District Records Office. The District Manager shall file proof of such mailing by affidavit with the District Secretary.

SEVERABILITY. If any section, paragraph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision.

CONFLICTS. All resolutions or parts thereof in conflict  herewith are, to the extent of such conflict, superseded and repealed.

EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

SIGNATURE PAGE FOR RESOLUTION 2021-16

ADOPTED this 6th day of May, 2021.

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT

Attest:

Its: Secretary

Chairperson or Vice Chairperson, Board of Supervisors

EXHIBIT "A" ASSESSMENT REPORT
Master Assessment Methodology for Storey Drive Community Development District
(dated May _,   2021)

[ATTACHED ON FOLLOWING PAGES]

Resolution 2021-16 - Setting Public Hearing Storey Drive Community Development District

S ECTION V-III

SECTION A

AGREEMENT BY AND BETWEEN THE
STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT AND THE DEVELOPER, REGARDING
THE ACQUISITION OF CERTAIN WORK PRODUCT AND INFRASTRUCTURE

THIS AGREEMENT BY AND BETWEEN THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT AND THE DEVELOPER, REGARDING THE ACQUISITION   OF   CERTAIN   WORK   PRODUCT   AND   INFRASTRUCTURE (the
“Acquisition Agreement”) is made and entered into as of May 6, 2021 by and between STOREY DRIVE   COMMUNITY   DEVELOPMENT   DISTRICT   (the   “District”)   and  LENNAR
HOMES, LLC, a Florida limited liability company (the “Developer”).

RECITALS

WHEREAS, the District was established by Ordinance No. 2021-10 of the City of Orlando, Florida, adopted on March 22, 2021 (the “Ordinance”), for the purpose of planning, financing, constructing, acquiring, operating and/or maintaining certain infrastructure, including surface water management systems, water and wastewater facilities, roadways, landscaping, parks, and recreational facilities and uses; and

WHEREAS, the Developer is the developer and primary owner of the Storey Drive development (“Master Development”) within the District boundaries (the “Development”) identified in Exhibit “A”, which is attached hereto and incorporated herein (the “Lands”); and

WHEREAS, the District is issuing its $14,020,000 Storey Drive Community Development District Special Assessment Bonds, Series 2021 (the “Series 2021 Bonds”) for (i) the payment of the costs of acquiring and/or constructing a portion of the infrastructure improvements within the Lands, (the “2021 Project”) and described as of the date hereof in the Engineer’s Report for Storey Drive Community Development District dated May 6, 2021, attached hereto as Exhibit “B” and incorporated herein (the “Engineer’s Report”); (ii) funding of the Series 2021 Reserve Account; and (iii) the payments of the costs of issuance of the Series 2021 Bonds; and

WHEREAS, the District plans to construct, complete the construction and/or acquire certain public infrastructure improvements within the 2021 Project, as more specifically described and identified in the Engineer’s Report; and

WHEREAS, the Developer acknowledges that the Development will benefit from the timely completion and acquisition of the 2021 Project; and

WHEREAS, the Developer and the District acknowledge that the funds available from the Series 2021 Bonds will not be sufficient to complete the design, construction and/or acquisition of the 2021 Project; and

WHEREAS, the Developer has simultaneously entered into a completion agreement with the District and agreed to complete the 2021 Project or to provide to the District sufficient funds

to allow it to timely complete the 2021 Project, as more generally described in Exhibit “C” (the “Improvements”), in an expeditious and timely manner, some of which development requires or includes some of the improvements or items as described herein (the “Completion Agreement”); and

WHEREAS, the District has not had sufficient monies on hand to allow the District to contract directly for the preparation of the necessary surveys, reports, drawings, plans, permits, specifications, and related documents contemplated in Exhibit “D” (the “Work Product”) which would allow the timely commencement and completion of construction of the Improvements; and

WHEREAS, the Developer is under contract to create or has created the Work Product for the District and wishes to convey certain elements thereof, as it is completed, to the District; and

WHEREAS, the Developer acknowledges that upon its conveyance, the District will have the right to use and rely upon the Work Product for any and all purposes and further desires to release to the District all of its right, title, and interest in and to the Work Product (except as provided for in this Acquisition Agreement); and

WHEREAS, the District desires to acquire ownership of the completed Work Product as well as the unrestricted right to use and rely upon the Work Product for any and all purposes; and

WHEREAS, in order to allow the District to avoid delay as a result of the lengthy process incident to the sale and closing on the Series 2021 Bonds, the Developer has under contract, under construction, or is obligated to convey to appropriate units of local government as is designated in the Engineer’s Report, certain portions of the 2021 Project; and

WHEREAS, the Developer agrees to convey to the District all right, title, and interest in the Improvements to be owned by the District as of the “Acquisition Date” (as hereinafter defined); and

WHEREAS, the District wishes to acquire the Improvements from the Developer as of the Acquisition Date, notwithstanding the District’s inability pay for all or some of the Improvements with the proceeds of the Series 2021 Bonds; and

WHEREAS, in conjunction with the acquisition of the Improvements, the Developer desires to convey, or cause to be conveyed, to the District, interests in certain real property sufficient to allow the District to own, operate, maintain, construct, or install the Improvements, whether such conveyances shall be in fee simple, perpetual easement, or other interest as may be in the best interests of the District, or required by permits or development plans and agreed to by the Developer (the “Real Property”); and

WHEREAS, the Developer agrees to convey, or cause to be conveyed, any such Real Property to the District and in a form satisfactory to the District and subject to the conditions set forth herein; and

WHEREAS, the Developer shall have the option to contribute additional Real Property and/or Improvements with values in an amount equal to or in excess of the Lands Assessments, and, if such option is elected, the District has agreed to accept such conveyances in lieu of assessments in order to complete the 2021 Project, in an expeditious and timely manner (“Conveyances in Lieu of Assessments”); and

WHEREAS, the District and the Developer are entering into this Acquisition Agreement to ensure the timely completion, conveyance and operation of the 2021 Project.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the District and the Developer agree as follows:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and by this reference are incorporated as a material part of this Acquisition Agreement.

WORK PRODUCT. The District agrees to pay, but only to the extent funds are available for such purpose, the actual reasonable cost incurred by the Developer in preparation of the Work Product in accordance with the provisions of this Acquisition Agreement. The Developer shall provide copies of any and all invoices, bills, receipts, or other evidence of costs incurred by the Developer for the Work Product. The parties agree that separate or multiple Acquisition Dates may be established for any portion of the acquisitions contemplated by this Acquisition Agreement. The District Engineer shall review all evidence of cost and shall certify to the District’s Board of Supervisors the total actual amount of cost, which in the District Engineer’s sole opinion is reasonable for the Work Product. The District Engineer’s opinion as to cost shall be set forth in an Engineer’s Certificate which shall accompany the requisition for the funds from the District’s Trustee. In the event that the Developer disputes the District Engineer’s opinion as to cost, the District and the Developer agree to use good faith efforts to resolve such dispute. If the parties are unable to resolve any such dispute, the parties agree to jointly select a third party engineer whose decision as to any such dispute shall be binding upon the parties. Such a decision by a third party engineer shall be set forth in an Engineer’s Affidavit which shall accompany the requisition for the funds from the District’s Trustee. The parties acknowledge that the Work Product is being acquired for use by the District in connection with the construction or operation, as applicable, of the Improvements.

The Developer agrees to release and/or to provide a non-exclusive assignment to the District of the right, title, and interest which the Developer may have in and to the above described Work Product, as well as all common law, statutory, and other reserved rights, including all copyrights in the Work Product and extensions and renewals thereof under United States law and throughout the world, and all publication rights and all subsidiary rights and other rights in and to the Work Product in all forms, mediums, and media, now known or hereinafter devised. To the extent determined necessary by the District, the Developer shall obtain all releases and/or assignments from any professional providing services in connection with the Work Product to enable the District to use and rely upon the Work

Product. Such releases and/or assignments may include, but are not limited to, any architectural, engineering, or other professional services. Such releases shall be provided in a timely manner in the reasonable discretion of the District.

The Developer acknowledges the District’s right to use and rely upon the Work Product for any and all purposes.

ACQUISITION OF IMPROVEMENTS. The Developer has constructed, is constructing, or has under contract to construct and complete, the Improvements. When a portion of the Improvements is complete and is ready for conveyance by the Developer to the District, the Developer shall notify the District in writing, describing the nature of the improvement, its general location, and its estimated cost. Any Real Property interests necessary for the functioning of the Improvements to be acquired under this paragraph shall be reviewed and conveyed in accordance with the provisions of Section 4. The District Engineer, in consultation with counsel, shall determine in writing whether or not the infrastructure to be conveyed is a part of the Improvements contemplated by the Engineer’s Report and, if so, shall provide Developer with a list of items necessary to complete the acquisition. Each such acquisition shall also be subject to the engineering review and certification process described in Section 2. The District Manager shall determine, in writing, whether the District has, based on the Developer’s estimate of costs, any unencumbered Series 2021 Bond funds available to pay for the acquisition of such Improvements, although the Developer agrees that such payment is not required for the conveyance(s), if sufficient funds are not available. The Developer agrees, if it elects this option, that no payments or reimbursements of any kind shall be made by the District for Conveyances in Lieu of Assessments.

All documentation of any acquisition (e.g., bills of sale, receipts, maintenance bonds, as-built, evidence of costs, deeds or easements, etc.) shall be to the reasonable satisfaction of the District. If any item acquired by the District is to be subsequently conveyed to a third party governmental body, then the Developer agrees to cooperate and provide such certifications or documents as may be required by that governmental body, if any.

The District Engineer shall certify as to the actual cost of any Improvements built or constructed by or at the direction of the Developer, and the District shall pay no more than the actual cost incurred, or the current value thereof, whichever is less, as determined by the District Engineer.

The Developer agrees to cooperate fully in the transfer of any permits to the District or a governmental entity with maintenance obligations for any Improvements conveyed pursuant to this Acquisition Agreement.

CONVEYANCE OF REAL PROPERTY.

Conveyance. The Developer agrees that it will convey, or cause to be conveyed by others, to the District at or prior to the Acquisition Date, and

as determined solely by the District by a special warranty deed, easement (which may be non-exclusive), or other instrument reasonably acceptable to the District and the Developer together with a metes and bounds or platted legal description, the Real Property upon which the Improvements are constructed or which are necessary for the operation and maintenance of, and access to, the Improvements, or subsequently required to be conveyed by the District to the Orange County or any other governmental entity. The parties agree that in no event shall the purchase price for the Real Property exceed the value of an appraisal or similar third-party report (prepared by a qualified appraiser or appraisal company) or other evidence acceptable to the District’s bond counsel and District staff, obtained by the Developer or the District for this purpose. The parties agree that the purchase price shall not include amounts attributable to the value of Improvements on the Real Property and other Improvements serving the Property that have been, or will be, funded by the District. If requested and necessary, such special warranty deed or other instrument shall be subject to a reservation by Developer of its right and privilege to use the area conveyed to construct any Improvements and any future Improvements to such area for any related purposes (including, but not limited to, construction traffic relating to the construction of the Development) not inconsistent with the District’s use, occupation or enjoyment thereof. The Developer shall pay the cost for recording fees and documentary stamps required, if any, for the conveyance of the Real Property upon which the Improvements are constructed, including costs, if any, for the further conveyance by the District to Orange County or any other governmental entity, if applicable. The Developer shall be responsible for all taxes and assessments levied on the lands upon which the Improvements are constructed until such time as the Developer conveys all said lands to the District. At the time of conveyance, the Developer shall provide, at its expense, an owner’s title insurance policy in a form satisfactory to the District in an amount equal to the value paid by the District to the Developer for such Real Property (or a title search, if the District determines, in its sole discretion, a title policy is not necessary). In the event the title search reveals exceptions to title which render title unmarketable or which, in the District’s reasonable discretion, would materially interfere with the District’s use of such Real Property, the Developer shall cure, or cause to be cured, such defects at no expense to the District.

Boundary or Other Adjustments. Developer and the District agree that reasonable future boundary adjustments may be made as deemed necessary by both parties in order to accurately describe lands conveyed to the District and lands which remain in Developer’s ownership. The parties agree that in the event any land transfers made to the District to accommodate such adjustments when result in a net increase in acreage to the District when there are bond proceeds available, the District will pay the lesser of the Developer’s cost basis in the land received by the District or fair market

value as determined by an independent appraisal. For any land transfers made to the Developer to accommodate such adjustments for which bond proceeds were used to pay for such land, the Developer shall pay the greater of the price paid by the District for such land or the fair market value as determined by an independent appraisal. Notwithstanding the above, if there is no net increase or decrease in the lands to be owned by the District and the Developer as a result of such conveyances, no consideration will be owed by either party provided the swapped lands have the same utility. Further, the parties may request an opinion of the District’s bond counsel if some other alternative is proposed for any boundary adjustments and such opinion concludes that such alternative will not adversely affect the tax status of the Series 2021 Bonds. The party requesting such adjustment shall pay any transaction costs resulting from the adjustment, including but not limited to taxes, title insurance, appraisals, any District bond counsel fee, recording fees or other costs.

COOPERATION AND COMPLETION. The parties agree to cooperate and use good faith and best efforts to undertake and complete the acquisition process contemplated by this Acquisition Agreement on such date or dates as the parties may jointly agree upon (each an “Acquisition Date”), but all must be no later than the end of a reasonable time period for acquisition considering the type of Work Product, Real Property and Improvements to be conveyed, or such other time period required to maintain the tax-exempt status of the Series 2021 Bonds as determined by an opinion of the District’s bond counsel.

ENGINEER’S CERTIFICATION. Before any payments are made by the District to the Developer, or any Improvements, Work Product or Real Property is accepted by the District, in addition to the other requirements provided herein the Developer shall provide to the District a certificate, signed by the District Engineer certifying that the Work Product, Improvements or Real Property are a part of the 2021 Project and that such Work Product, Improvements or Real Property has been prepared, constructed, installed or must be acquired, in conformity with the plans and specifications, the Engineer’s Report and all applicable laws related to the preparation, construction, installation or acquisition thereof.

WARRANTY. For the acquisition of Improvements or Work Product hereunder, the Developer agrees to assign to the District all or any remaining portion of any professionals’ or contractors’ warranties, contracts or bonds, warrantying or guaranteeing that the Improvements or Work Product conveyed against defects or failings in materials, equipment, fitness or construction. Notwithstanding such assignment, the Developer shall cause any such professionals and contractors to warranty that the Improvements are free from defects in materials, equipment and construction for a period of at least one (1) year from completion thereof.

DEFAULT. A default by either party under this Acquisition Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages (except special, consequential or punitive) and/or specific performance.

If the Developer fails to keep, observe or perform any of the agreements, terms, covenants or representations, or otherwise is in default of this Acquisition Agreement, the District shall give written notice to Developer (at the address listed in Section 13 below), and the Developer shall have sixty (60) days to cure such default (which time may be extended by the District in its sole discretion), unless a shorter time to cure is mandated by applicable law or regulation.

ENFORCEMENT OF AGREEMENT. In the event that either party is required to enforce this Acquisition Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other, its reasonable attorneys’ fees and costs incurred for trial, alternative dispute resolution, or appellate proceedings.

AGREEMENT. This instrument shall constitute the final and complete expression of this Acquisition Agreement between the District and the Developer relating to the subject matter of this Acquisition Agreement.

AMENDMENTS. Amendments to and waivers of the provisions contained in this Acquisition Agreement may be made only by an instrument in writing which is executed by all parties hereto. The Developer agrees to enter into an Amended and Restated Acquisition Agreement at the time of the issuance of the Series 2021 Bonds.

AUTHORIZATION. The execution of this Acquisition Agreement has been duly authorized by the appropriate body or official of the District and the Developer. The District and the Developer have complied with all the requirements of law. The District and the Developer have full power and authority to comply with the terms and provisions of this instrument.

NOTICES. All notices, requests, consents and other communications under this Acquisition Agreement (“Notices”) shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to District:	Storey Drive Community Development District 219 E. Livingston Street
Orlando, FL 32801 Attention: District Manager Telephone: (407) 841-5524 Email: gflint@gmscfl.com

With a copy to:	Latham, Luna, Eden & Beaudine, LLP
201 S. Orange Avenue, Suite 1400
Orlando, FL 32801
Attention: Jan Albanese Carpenter, Esq. Telephone: (407) 481-5800
Email: jcarpenter@lathamluna.com

If to Developer:	Lennar Homes, LLC Homes - Orlando
6675 Westwood Blvd., 5th Floor Orlando, FL 32821

Attention: Brock Nicholas, Division President Telephone: (407) 586-4000
Email: Brock.Nicholas@lennar.com

With a copy to:	Lennar Homes, LLC Corporation
700 N.W. 107th Avenue Miami, FL 33172
Attention: Mark Sustana, Esq. General Counsel Telephone: (305) 229-6584

Except as otherwise provided in this Acquisition Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day shall be deemed received on the next business day. If any time for giving Notice contained in this Acquisition Agreement would otherwise expire on a non-business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Developer may deliver Notice on behalf of the District and the Developer. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days’ written notice to the parties and addressees set forth herein. Copies of Notices may be sent by e-mail, but such transmission should not constitute delivery under this Agreement.

ARM’S LENGTH TRANSACTION. This Acquisition Agreement has been negotiated fully between the District and the Developer as an arm’s length transaction. All parties participated fully in the preparation of this Acquisition Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Acquisition Agreement, all parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against any party hereto.

THIRD PARTY BENEFICIARIES. This Acquisition Agreement is solely for the benefit of the District and the Developer and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Acquisition Agreement. Nothing in this Acquisition Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Developer any right, remedy, or claim under or by reason of this Acquisition Agreement or any of the provisions or conditions of this Acquisition Agreement; and all of the provisions, representations, covenants, and conditions contained in this Acquisition Agreement shall inure to the sole benefit of and shall be binding upon the District and the Developer and their respective successors and assigns. Notwithstanding the foregoing, nothing in this paragraph shall be construed as impairing or modifying the rights of any holders of bonds issued by the District for the purpose of acquiring any Work Product, Real Property, or portion of the Improvements, and the Trustee for the Series 2021 Bonds, on behalf of the owners of the Series 2021 Bonds, shall be a direct third party beneficiary of the terms and conditions of this Acquisition Agreement and shall be entitled to cause the District to enforce the Developer’s obligations hereunder. The Trustee shall not be deemed to have assumed any obligation under this Agreement.

ASSIGNMENT. This Acquisition Agreement may be assigned, in whole or in part, by either party only upon the written consent of the other, which consent shall not be unreasonably withheld.

CONTROLLING LAW AND VENUE. This Acquisition Agreement and the provisions contained in this Acquisition Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. The Parties hereby acknowledge and agree that, in the event legal action is instituted to enforce this Acquisition Agreement, the Developer consents to and by execution hereof submit to the jurisdiction of any state court sitting in or for Orange County, Florida.

EFFECTIVE DATE. This Acquisition Agreement shall be effective upon its execution by the District and the Developer.

PUBLIC RECORDS. The Developer understands and agrees that all documents of any kind provided to the District in connection with this Acquisition Agreement may be public records and will be treated as such in accordance with Florida law.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Acquisition Agreement shall not affect the validity or enforceability of the remaining portions of this Acquisition Agreement, or any part of this Acquisition Agreement not held to be invalid or unenforceable.

SOVEREIGN IMMUNITY. The Developer agrees that nothing in this Acquisition Agreement shall constitute or be construed as a waiver of the District’s limitations on liability contained in Section 768.28, Florida Statutes, or other statutes or laws.

HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Acquisition Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Acquisition Agreement.

COUNTERPARTS. This Acquisition Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute but one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically form one document.

SIGNATURES ON FOLLOWING PAGE

COUNTERPART SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT
AND THE DEVELOPER, REGARDING THE ACQUISITION OF CERTAIN WORK PRODUCT AND INFRASTRUCTURE

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above.

DEVELOPER:

LENNAR HOMES, LLC, a Florida limited liability company

By		 Brock Nicholas
Vice President

COUNTERPART SIGNATURE PAGE TO AGREEMENT BY AND BETWEEN THE STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT
AND THE DEVELOPER, REGARDING THE ACQUISITION OF CERTAIN WORK PRODUCT AND INFRASTRUCTURE

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed, sealed and attested on their behalf by duly authorized representatives, all as of the date first set forth above.

DISTRICT:

STOREY DRIVE COMMUNITY DEVELOPMENT DISTRICT,
a Florida community development district

By:	 Print:	 Title:  	

EXHIBIT “A”

Legal Description

[See following page]

EXHIBIT “B”

Engineer’s Report

[See following page]

EXHIBIT “C”

Improvements to be Acquired

Stormwater management facilities (pipes, drainage structures, outfalls) and related earthwork for stormwater pond excavation and dewatering);
Roadways, alleys, pavement markings and signage for District roads, and pavement asphalt, base, sub-base stabilization, sidewalks, landscaping, and the secondary drainage system including curb and gutters, inlets and culverts;
Potable water, reclaimed water and sanitary sewer systems (lift station, pipes, fittings and valves) and connection fees;
Electrical distribution and street lighting;
Recreational Facilities and amenities;
Landscape, hardscape and irrigation (anticipated to include perimeter landscape buffers, master signage, way finding signage, entry hardscape features, amenity area landscape, pedestrian/multipurpose trails and street trees); and

together with all real property underlying the Improvements.

EXHIBIT “D”

Work Product

All architectural, engineering, landscape design, construction and other professional work product related to the Improvements including but not limited to plans, specifications, designs, drawings, permit applications and permits, surveys, and the like.

S ECTION IX

S ECTION C

Storey Drive
Community Development District	FY21Funding Request #1 April 28, 2021

Payee	General Fund

1	Funds to Open Operating Account	$	5,000.00	
2	Insurance -Fiscal Year 2021(Prorated)	$	2,025.00	
3	Legal Advertising	$	5,000.00	

4	
Website Creation/ ADA Compliance	$	1,750.00	

Total:	$	13,775.00

Please make check payable to:

Storey Drive Community Development District
1408 Hamlin Avenue, Unit E St.Cloud, FL 34771