SUBJECT:
Title
Request Approval of Resolution Providing Statement of No Objection for Creation of Uplands Stewardship District (Budget Impact - None)
Body
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INITIATOR: |
DEPARTMENT: |
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Matthew G. Minter, County Attorney |
County Attorney |
DESCRIPTION/BACKGROUND:
In accordance with Section 189.031(2)(e)4., Florida Statutes, a local governing body or appropriate administrator must provide a written statement of no objection to the proposed creation of an independent special district. On Top of the World Communities, LLC is seeking the approval of the Uplands Stewardship District by the Florida Legislature in the upcoming 2026 legislative session. The Uplands Stewardship District is planned to encompass approximately 5,189 acres generally along the undeveloped western side of On Top of the World’s land holdings. The Uplands Stewardship District would not eliminate any existing Community Development Districts (CDD) within the On Top of the World Community. The Bay Laurel Center CDD will continue to serve the area within the Uplands Stewardship District with potable and wastewater services.
What is a Stewardship District?
Recognizing that very large tracts of land have a longer build out period, and in cases where there has been a desire to preserve portions of the property for conservation purposes, the Florida Legislature has created a number of “stewardship districts” by special act since 2004. The Legislature recognized that projects of this type are better served by a single independent special district over the entire area to allow for a more thoughtful, coordinated, and long-term financing and management of horizontal development and environmental conservation or preservation. Stewardship districts are akin to Chapter 190 CDD but with a longer period of landowner involvement and a charter specifically adopted by the legislature. For On Top of the World, the Uplands Stewardship District is expected to be a significant source for the financing and maintenance of infrastructure for the project.
Are There Other Stewardship Districts?
Since 2004, the Florida Legislature has established approximately 18 stewardship districts around the State. Example real estate projects utilizing stewardship district include Lakewood Ranch (Manatee and Sarasota counties), Babcock Ranch (Charlotte and Lee counties), Ave Maria (Collier County), Wellen Park (Sarasota County), Viera (Brevard County), Wildlight (Nassau County), and Sunbridge (Osceola and Orange counties).
How are Stewardship Districts Established?
The Florida legislature establishes stewardship districts by special act (which is, like other legislation, also signed into law by the Governor). A member of the local Marion County legislative delegation sponsors the special act, after considering the same at meetings held in the local area. As these are “local bills,” the establishment of such districts follows a strict procedural and noticing time line that occurs well in advance of the regular legislative session.
What is the role of Marion County in this process?
Unlike with a CDD, which places the onus of establishment on Marion County to review and process a petition and conduct a local public hearing, with a stewardship district the burden of creation is on the Florida Legislature. Marion County is asked to issue a written statement indicating that it does not object to the creation of the stewardship district. The local legislative delegation (the members of the Florida House and Florida Senate for Marion County) will then meet locally and consider whether to vote to approve the district. Formal notice is then published in the local newspaper. Once the Florida legislative session commences the bill will go through several committee hearings and ultimately be voted upon first by the Florida House and then the Senate.
After creation, the interface between the Uplands Stewardship District and Marion County is the same as with a CDD. All of the same requirements are included in the bill creating the stewardship district: provision of annual budgets to Marion County for review; provision of annual audits; requirements that the debt of the stewardship district cannot become the debt of Marion County; requirements making clear that all actions of the district must be pursuant to and subject to the Marion County’s comprehensive plan, ordinances, regulations, and codes. In all respects, these requirements mirror those placed upon CDDs.
BUDGET/IMPACT:
None
RECOMMENDED ACTION:
Recommended action
Motion to approve and authorize the Chairman and Clerk to execute the resolution indicating a position of no objection to the creation of Uplands Stewardship District and finding that the Uplands Stewardship District is consistent with the local government plans.
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