This article applies according to its clear terms within the boundaries of the county consistent with F.S. Ch. 190, and is intended to govern local aspects of processing and evaluating legislative petitions filed seeking to establish, contract, or expand a uniform community development district (CDD) within the county, and all related matters.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

Terms defined at F.S. § 190.003, shall have the meanings therein prescribed when used hereinafter, unless a contrary meaning is clearly expressed.

Further, as capitalized and used hereinafter, the term:

A.

Act means F.S. Ch. 190, as amended.

B.

CDD means a uniform community development district as defined, created and chartered by the act.

C.

Consent Request means a request submitted to the county pursuant to F.S. § 190.012(2) and this article, seeking the county's consent to the CDD's exercise of one or more special powers, or a request by a CDD's board of supervisors for the right to exercise eminent domain power outside of the district, pursuant to F.S. § 190.011(11).

D.

CDD Applicant means and includes the petitioner as defined under Florida Statutes, Chapter 190, and any individual, corporation, partner or partnership having an ownership in, or other rights or obligations with respect to, the proposed community development district.

E.

Director means the director of community development.

F.

Administrator means the county administrator.

G.

Department means the county's community development department.

H.

BOCC means the board of county commissioners of Okeechobee County.

I.

FLAWAC means the governor and cabinet of Florida sitting as the Florida land and water adjudicatory commission.

J.

Local petition means a petition filed with the County pursuant to F.S. § 190.005(2) or 190.046(1) seeking to establish, expand, terminate, or contract a CDD originally of less than 2,500 acres located within the county, by county ordinance.

K.

State petition means a petition submitted to the County pursuant to F.S. § 190.005(1) or § 190.046(1)(d), seeking to establish, expand, terminate, or contract a CDD originally of 2,500 or more acres located within the county, by administrative rule of FLAWAC.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

This section includes the requirements for CDD application submittal. All requirements herein are in addition to the requirements for CDD application submittals as defined in the act. Nothing herein shall be construed to create obligations for state petitions that are inconsistent with the act.

A.

Fee payment Pursuant to the schedule of fees adopted by the board of county commissioners, as may be amended.

B.

Application As established by the community development department, which shall, at a minimum, include a narrative from the CDD applicant in support of the request referencing the county's comprehensive plan.

C.

All documents in digital format. All required documentation in PDF format.

D.

Public notice. Provide public notice in accordance with the county's land development code and Florida Statutes.

E.

Agent authorization and petitioner certification. A petition shall be accompanied by documentation sufficiently demonstrating that the filer thereof is duly authorized. Additionally, each petitioner shall sign and certify under oath verification that all information contained therein is true and correct.

F.

Legal description. A metes and bounds legal description shall at a minimum either:

1.

Bear the signature and license number of a Florida professional surveyor and mapper; or

2.

Bear the signature and license number of a Florida professional engineer to the project under whose direction the legal description was ascertained or verified by a Florida professional surveyor and mapper.

Where a petition proposes to contract or expand a CDD, three legal descriptions shall be submitted demonstrating the existing CDD boundaries, the expansion/contraction area and the CDD's boundaries as proposed to be contracted/expanded.

G.

Consent of landowners. A written consent of landowners shall clearly set forth the signatory's identity and capacity and be attested by a notary public or its equivalent. To the extent a CDD's governing Board of Supervisors may consent for landowners pursuant to F.S. § 190.046, such consent shall be incorporated into a formal resolution certified by the CDD's governing board of supervisors. Consents of landowners must be amended and filed as set forth in section 14.00.08 hereof if, prior to the local public hearing establishing the CDD before the board of county commissioners, the identity or makeup of any landowner or description of real property is altered or modified.

H.

Proposed board members. In the event any proposed board member is a "relative" of a landowner or petitioner within the meaning of F.S. § 112.3143, or an employee, stockholder or officer thereof, the nature and extent of such relationship shall be disclosed.

I.

Proposed name. CDD names which identify in some way to the underlying community development are preferred and those names resembling governments or agencies are not acceptable.

J.

Location map. At least one map shall clearly delineate the proposed size, boundaries, specific location and general location within the County by reference to proximate roads, boundaries and landmarks.

K.

Utility map. At least one map shall clearly delineate (with reference to the CDD) the closest available utilities, in the event no major trunk water mains, sewer interceptors or outfalls exist within the proposed boundaries of the CDD. It is the responsibility of a petitioner to ensure that the accuracy of attached utility maps are verified by the utility provider on record for the location as a condition of issuance of the department's report and recommendation as set forth in section 14.00.05(3).

L.

Construction cost estimates. A construction cost estimate and timetable shall:

1.

Indicate the identity of the preparer;

2.

Explain whether the estimates consider the exercise of any of the special powers;

3.

Approximate costs as an annual outlay where construction will exceed one year; and

4.

Identify and/or differentiate between costs of construction and acquisition.

M.

SERC. The statement of estimated regulatory costs (the "SERC") prepared in compliance with F.S. § 120.541, being deemed useful by the board of county commissioners, shall contain an adequate explanation of the plan of finance for the construction, operation and maintenance of the community development project, and shall identify the entity that will construct, own, operate and maintain the systems, facilities and services corresponding roughly to the identifying categories used in the construction cost estimates.

N.

Plan of finance. Detailed description of the plan of finance, including:

1.

A detailed discussion of the capital structure of the project financing, including: equity; subordinated, convertible and senior debt; leases, etc.

2.

With respect to tax-exempt bonds to be issued by the CDD, a description of the purpose of the bond issue and statement of the sources and uses of bond proceeds, including a detailed breakdown of the following: construction and development costs; costs incurred and to be reimbursed to the CDD applicant; bond issuance costs; management/developer fees; and underwriter's gross spread.

3.

A description of bonds to be refunded, if any.

4.

A projected debt service schedule.

5.

Names, addresses and phone numbers of the following parties to the financing (as applicable):

a.

Bond counsel, disclosure counsel, financial advisor, managing and comanaging underwriters, underwriters counsel, feasibility consultant, bond insurer, trustee, and letter-of-credit banks.

6.

Regarding outstanding bonds/debt of the CDD or debt to be assumed by the CDD, if any, supply the following:

a.

Rating agency credit reports, if rated.

b.

Written advice from the trustee/lender stating that there has been no default; or, if there has been a default, the nature of the default and the status.

O.

Project/bond cash flows.

1.

Provide detailed projections of cash flows showing CDD project revenues, unit sales/buildout assumptions, operating and capital expenditures, management and administrative fees, debt service and debt service coverage; the projection period shall be through the maturity of the bonds or 15 years, whichever period is shorter.

2.

Provide complete assumptions to the cash flow projections, and/or a feasibility study prepared by a qualified financial consultant.

P.

Market analysis. Provide a description of the target market for the sale of units in the proposed CDD, competition and position in the marketplace.

Q.

Corporate structure. Provide a description of the ownership/legal structure of CDD applicant:

1.

Corporate applicant - name and address of applicant, and the corporate officers and board of directors or each; also, list any parent, affiliated or subsidiary corporations which are in any way involved in the financing, construction or guarantee of the debt of the CDD and describe their interests.

2.

Partnership applicant - names and addresses of the general and limited partners of the partnership; partnership interests of each partner; if a partner is a corporation, then also provide information listed above.

3.

Provide banking references.

R.

Financial statements. For each corporate or partnership entity which is described in the response to sub-section Q. above, the CDD applicant, or entity which guarantees or is responsible for the repayment of debt service on bonds issued by the CDD:

1.

Provide digital copies of 5 years of audited financial statements (or, unaudited if audited statements not available; or, federal tax returns if financial statements are not available). Include an interim financial statement for the most current fiscal year through the most recently completed quarter.

2.

For publicly-held corporations, provide digital copies of 5 years of Form 10K and the most recent Form 10Q as required to be filed with the securities and exchange commission.

S.

Management of the CDD applicant.

1.

Description and strengths of key management; experience in the industry and with the CDD applicant.

2.

Complete a sworn statement under section 287.133(3)(a), Florida Statutes, on public entity crimes.

T.

Litigation.

1.

Description of past, pending or threatened litigation to which the CDD Applicant is a party and which relates to the business, goods or services which the CDD Applicant will provide in connection with the establishment and operation of the CDD.

2.

Indicate whether the CDD Applicant has ever filed for bankruptcy and describe the circumstances.

3.

Indicate whether the CDD Applicant or any principals thereof have in the past been, or currently are, principals in a CDD anywhere in the United States, and whether there have been any defaults on bonds issued by those CDD's. Describe the circumstances and status of such defaults.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

All applications for the establishment or expansion of a CDD shall require concurrent application for the establishment of a dependent special taxing district created by ordinance adopted by the board of county commissioners consistent with chapter 189, Florida Statutes, which shall activate in the event of the insolvency of the CDD, but otherwise remain dormant.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

Within ten working days of receipt of an application, the department shall:

A.

Determine that the plan is complete and proceed with the procedures below; or

B.

Determine that the information is incomplete and inform the CDD Applicant in writing of the deficiencies. The CDD applicant may submit an amended plan within 30 working days without payment of a reapplication fee, but, if more than 30 days have elapsed, must thereafter reinitiate the review process and pay an additional fee.

1.

A copy of the submittal package shall be sent to each member of the technical review committee. Each member shall review the proposal and provide written or oral comments at the next meeting of the technical review committee meeting.

2.

The department shall review the plan and comments of the technical review committee and determine whether the proposal complies with the requirements of this Code.

3.

The report and recommendation of the department shall contain:

a.

Informational paragraph (solely to provide context) concerning the status of the underlying community development;

b.

Department's opinion of whether petition planning attachments, including all location, comprehensive plan and zoning maps, legal descriptions, construction cost estimates, plats, and/or surveys (but excluding utility maps), are adequately sufficient and complete to permit informed consideration by the board of county commissioners;

c.

Department's opinion of whether petition planning attachments, including all location, comprehensive plan, and zoning maps, legal descriptions, construction cost estimates, plats and/or surveys (but excluding utility maps), are adequately true and correct to permit fair and informed consideration by the board of county commissioners;

d.

Department's opinion and recommendation of the relationship of the local petition to factors 2., 3., and 5. of F.S. § 190.005(1)(e) and,

e.

Any other information deemed helpful.

4.

Any and all of the department's opinions set forth in the report and recommendation may be made subject to local petition amendment, supplement, clarification or tender of additional information.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

The technical review committee shall, at its next regularly scheduled and noticed public meeting following its receipt of the department's report and recommendation, consider the local petition, as amended or supplemented to date, and shall make a recommendation which shall become part of the record to be considered by the planning board and BOCC at the local public hearing noticed and held as set forth hereinafter.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

The planning board shall, at its next regularly scheduled and noticed public meeting following its receipt of the technical review committee's final recommendation, consider the local petition, as amended or supplemented to date, and shall make a recommendation which shall become part of the record to be considered by the BOCC at the local public hearing noticed and held as set forth hereinafter.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

A local petition shall be considered by the full board of county commissioners at a local public hearing noticed and held in compliance with F.S. Ch. 190 and the rules of the board of county commissioners, but only following receipt of the recommendation of the appropriate board(s) and committee(s).

For local petitions seeking CDD establishment, petitioners shall prepare and provide to the director a draft four-week newspaper advertisement to give public notice in such form as will comply with F.S. § 190.005(1)(d), and which advertisement shall include: a reference to the name of the underlying community development as such name is identified in the most recent applicable development order, permit or as the development may otherwise be commonly known to the public; a summary of the statement of estimated regulatory costs (SERC) attached to a local petition; and, a location map prepared in compliance with Section 14.00.03, Code of Ordinances.

For non-establishment local petitions, petitioners shall prepare and provide to director a newspaper advertisement to give public notice in such form as will comply with F.S. § 190.046(1)(b) and section 14.00.03, Code of Ordinances.

Director shall place them for publication in compliance with F.S. § 190.005(1)(d) or § 190.046(1)(b), as applicable, at the expense of the applicant. The petitioner shall be responsible for assuring that proof of publication is on file with the community development department prior to the local public hearing before the BOCC.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

In considering at the local public hearing the relationship of a local petition to the six factors set forth at F.S. § 190.005(1)(e), and of whether to act legislatively to establish, expand or contract a CDD, the board of county commissioners is not bound by any recommendations or reports so long as its decision is fair and informed and based on the record and testimony made a part of and developed at the local public hearing.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

An ordinance on a local petition prepared and adopted consistent with F.S. § 190.005(2)(d) or § 190.046, and in compliance with law, shall:

A.

If a CDD establishment ordinance, designate the legal description and name and appoint the board of supervisors;

B.

If a CDD modification ordinance, designate the new legal description of the CDD as expanded or contracted and be prepared and adopted further in conformity with law relating to amendment of ordinances; and,

C.

Contain an informational statement related to consideration of consent requests as set out in section 14.00.12 hereof.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

State petitions shall be filed as set forth in section 14.00.03 of this Code, and as provided by chapter 190, Florida Statutes, and shall be accompanied by the fee required by the act. State petitions shall be accompanied by a cover letter addressing that a local public hearing is required.

Within ten days of a State Petition's filing, the director shall file a notice of receipt of the state petition with the clerk of the board together with the state petition, which shall be immediately distributed to all commissioners and at least one copy kept on file at the clerk's offices.

A state petition shall be considered by the full board of county commissioners at a local public hearing noticed and held in compliance with F.S. Ch. 190 and the rules of the board of county commissioners, but only following receipt of notice of receipt of the state petition.

State petitions shall be supplemented by providing the director with a copy of the certification and request of the Florida Land and water adjudicatory commission's secretary prepared pursuant to rule 42-1.009, Florida Administrative Code, within ten days of the issuance thereof, and upon receipt of which director shall immediately forward copies of same to the clerk.

Within ten days from the date of the local public hearing, the department shall prepare and file a report containing an opinion of whether the state petition is consistent with the comprehensive plan.

The report and findings of the department along with the findings of the FLAWAC related to the sufficiency and completeness of the state petition shall be considered by the full board of county commissioners at the hearing. In considering the relationship of the state petition to the six factors set forth at F.S. § 190.005(1)(e), the BOCC is not bound by any findings, nor is the BOCC required to reach a resolution regarding a state petition.

The local public hearing's notice shall be prepared and published in compliance with section 14.00.09, Code of Ordinances, and otherwise all other local public hearing matters including but not limited to notice, meeting procedures, record development and transmittal and all further actions related thereto, shall be undertaken at all times in compliance with F.S. § 190.005(1)(c) or § 190.046(1)(d)3., and consistent with all other laws, except that a State Petition is not required to be referred to the technical review committee of planning board if such reference would jeopardize compliance with the time limitations specified at F.S. § 190.005(1)(c).

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

Consent requests may be made as part of any Petition, but are not effective until made or adopted by formal resolution of a CDD's governing board of supervisors and filed with commission. Consent requests made after the establishment of a CDD shall be filed together with a fee as found in fee schedule, and the formal resolution by the CDD's governing board of supervisors, which resolution shall become a part of the consent request.

A consent request shall, for each relevant special power, contain a statement or attach reports regarding the manner in which a CDD plans to exercise, finance and budget for a special power. A consent request for the right to exercise eminent domain power outside of the CDD shall contain a description of the purpose of the eminent domain power and a survey and legal description, signed and sealed by a licensed registered surveyor, of the property which is requested to be taken by eminent domain. A consent request for the right to exercise eminent domain power may only be granted for the purpose of the CDD relating to water, sewer, district roads and water management. The county has the ultimate authority to grant the right of eminent domain to a CDD outside of its boundaries and shall require a vote of two-thirds of the board of county commissioners members. At least ten days prior to the local public hearing concerning the consent request legislation, the CDD applicant shall mail notice of the local public hearing to all owners of property that is proposed to be taken by the CDD. The notice of the local public hearing shall state the intent of the board of county commissioners to consider a consent request by the CDD to exercise eminent domain power to take property owned by that individual, specify the time, place and location of the local public hearing, identify the location of the land subject to be taken by the CDD, the proposed purpose of the eminent domain power and a statement that all affected property owners have a right to appear at the hearing. Further, a consent request shall contain a statement that the CDD has been validly established, is duly operating and in good legal standing and shall demonstrate compliance with the provisions of section 14.00.13 hereof.

Within ten days of receipt, the director shall transmit a consent request to the county administrator together with a draft resolution to be introduced and considered thereafter according to the rules of the board of county commissioners but shall be ultimately decided upon by the full board of county commissioners at a local public hearing noticed and held in compliance with F.S. § 166.041 (3)(a). The BOCC may request that the department prepare reports and recommendations relative to consent requests to be considered by the BOCC.

As may be relevant, consent to exercise the power set forth at F.S. § 190.012(2)(c), is not effective unless and except as authorized by the Okeechobee County School Board and a resolution granting such consent shall state it is subject to such condition.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

A notice of establishment filed pursuant to F.S. § 190.0485, shall be indexed by the name of each underlying landowner and the name of the CDD, with a modification to such notice filed and indexed in same manner in the event a CDD's boundaries are expanded or contracted, as permitted by F.S. § 189.011. A notice of establishment or modification to such notice and the designation of registered office/agent disclosed to the county pursuant to F.S. § 189.014, shall be filed with the commission within 14 days of the respective filing or designation.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

Copies of the initial CDD public facility reports required to be provided pursuant to F.S. §§ 189.08, 189.081, and 189.082, and annual adoption or change reports submitted thereafter, shall be provided to the department and to the director, and to the degree made relevant by way of the County's consent to exercise one or more powers set forth at F.S. § 190.012(2), shall be provided to the Okeechobee County School Board or the county departments for parks and recreation, fire, and/or public works, as authorized by F.S. § 189.011.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

Any CDD established within the boundaries of Okeechobee County pursuant to this article shall be required to provide disclosures regarding the annual cost to individuals purchasing property located within the CDD. This disclosure shall be provided in a form approved by the county administrator in English and Spanish and shall be provided to buyers prior to closing. CDD management must annually file an affidavit confirming compliance with the requirements of this section.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

A petition seeking to reestablish an existing independent special district as a CDD filed pursuant to F.S. § 190.005(2)(f) shall be filed and treated as local petitions or state petitions as set forth hereinabove depending on the amount of acreage.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

A petitioner may withdraw a state or local petition or consent request at any time without a return of any portion of an associated filing fee by filing a written withdrawal request with the director and may receive a return of one half the applicable filing fee applicable to a local petition if withdrawal is requested prior to consideration by the technical review committee.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

The property appraiser and the tax collector are authorized to execute a contract entered into with a CDD for reimbursement of administrative costs incurred, pursuant to F.S. § 197.3632, setting forth the uniform method for the levy, collection and enforcement of non-ad valorem assessments.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

Any public notice or advertisement required in this article to be published in a newspaper of general circulation is also permitted to be published via such other advertisement or notice method as permitted by law (e.g., publicly accessible website). The CDD applicant shall bear the responsibility of ensuring all public notices are properly filed as required herein.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)

Reserved.

(Ord. No. 2025-0009, § 2(Exh. A), 9-26-25)