ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING SEPTEMBER 14, 2022
6:30 P.M.

Special District Services, Inc. 8785 SW 165th Avenue, Suite 200
Miami, FL 33193

www.islandsdoralswcdd.org 786.347.2700 ext. 2027 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA ISLANDS AT DORAL (SW)
COMMUNITY DEVELOPMENT DISTRICT
Doral Legacy Park Second Floor Conference Room 11400 NW 82 Terrace
Doral, Florida 33178
REGULAR BOARD MEETING
September 14, 2022
6:30 p.m.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
June 8, 2022 Regular Board Meeting & Public Hearing…	Page 2
Old Business
Staff Report, as Required
New Business
Consider Resolution No. 2022-05 – Adopting a Fiscal Year 2021/2022 Amended Budget…	Page 5
2022 Legislative Session Update Memo…	Page 10
Administrative & Operational Matters
Statement of Financial Interests/Disclosure 2021 Form 1 Update
General Election Candidates (Seats 1&2; General Election 11/8/22)
Board Member & Staff Closing Comments
Adjourn

MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and Legal Holidays
Miami, Miami-Dade County, Florida

STATE OF FLORIDA COUNTY OF MIAMI-DADE:

Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily

Business Saturday, published

Review f/kfa Miami Review, a daily		(except Sunday	and	Legal	Holidays)	newspaper,
at Miami in Miami-Dade County, Florida; that the

attached copy of advertisement, being a Legal Advertisement of Notice in the matter of

ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT- FISCAL YEAR 2021/2022 REGULAR MEETING SCHEDULE

in the XXXX Court,
was published in said newspaper in the issues of 10/01/2021

Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing  this  advertisement  for  publication  in  the  said

'C '

l" F

Swor  o and subscribed before me this

(SEAL)
GUILLERMO GARCIA personally known to me

CHRISTINi'\ LYNN RAVIX

ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING & PUBLIC HEARING
JUNE 8, 2022

NOTE: Due to a conflict with the Conference Room, the June 8, 2022, Regular Board Meeting was held outside the Doral Legacy Park main entrance.

CALL TO ORDER

District Manager Nancy Nguyen called the June 8, 2022, Regular Board Meeting of the Islands at Doral (SW) Community Development District (the “District”) to order at 6:35 p.m. outside the Doral Legacy Park main entrance located at 11400 NW 82nd Terrace, Doral, Florida 33178 (see comment above).

PROOF OF PUBLICATION

Ms. Nguyen presented proof of publication that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on October 1, 2021, as part of the District’s Fiscal Year 2021/2022 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

Ms. Nguyen determined that the attendance of Vice Chairman Jairo Zapata and Supervisors Elizabeth Canchola, Gilberto Altuve, and Delia Arcelus constituted a quorum and it was in order to proceed with the meeting.

Staff in attendance included: District Manager Nancy Nguyen of Special District Services, Inc.; and General Counsel Michael Pawelczyk (via speakerphone) of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.

ADDITIONS OR DELETIONS TO THE AGENDA
There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA
There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
March 9, 2022, Regular Board Meeting Minutes
Ms. Nguyen presented the minutes of the March 9, 2022, Regular Board Meeting and asked if there were any changes.

There being no changes, a motion was made by Ms. Canchola, seconded by Mr. Altuve and unanimously passed approving the minutes of the March 9, 2022, Regular Board Meeting, as presented.

NOTE: At approximately 6:36 p.m., Ms. Nguyen recessed the Regular Meeting and simultaneously opened the Public Hearing.

Page 1 of 3

PUBLIC HEARING
Proof of Publication
Ms. Nguyen presented proof of publication that notice of the Public Hearing had been published in the
Miami Daily Business Review on May 19, 2022, and May 26, 2022, as legally required.

Receive Comments on Fiscal Year 2022/2023 Final Budget
Ms. Nguyen opened the public comment portion of the public hearing to receive comments on the 2022/2023 fiscal year final budget and non-ad valorem special assessments. There being no comments, Ms. Nguyen closed the public comment portion of the Public Hearing.

Consider Resolution No. 2022-03 – Adopting a Fiscal Year 2022/2023 Final Budget
Ms. Nguyen presented Resolution No. 2022-03, entitled:

RESOLUTION NO. 2022-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT APPROVING AND ADOPTING A FISCAL YEAR 2022/2023 FINAL BUDGET INCLUDING NON- AD VALOREM SPECIAL ASSESSMENTS; AND PROVIDING AN EFFECTIVE DATE.

Ms. Nguyen stated that the document provides for approving and adopting the fiscal year 2022/2023 final budget and the non-ad valorem special assessment tax roll. A discussion ensued after which:

A motion was made by Mr. Altuve, seconded by Mr. Zapata and unanimously passed to approve and adopt Resolution No. 2022-03, as presented; thereby setting the 2022/2023 final budget and non-ad valorem special assessment tax roll.

NOTE: At approximately 6:43 p.m., Ms. Nguyen closed the Public Hearing and simultaneously reconvened the Regular Meeting.

OLD BUSINESS
Update Regarding Stormwater System Cleaning
Ms. Nguyen advised that this project had been completed. The District’s stormwater system will be inspected again and cleaned, as necessary, in 2023 before the hurricane season begins.

NEW BUSINESS
Consider Resolution No. 2022-04 – Adopting a Fiscal Year 2022/2023 Meeting Schedule
Resolution No. 2022-04 was presented, entitled:

RESOLUTION NO. 2022-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2022/2023 AND
Page 2 of 3

SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

Ms. Nguyen provided an explanation for the document and stated that District meetings would continue to be held on the second Wednesday of select months. A discussion ensued after which:

A motion was made by Mr. Altuve, seconded by Ms. Canchola and unanimously passed to approve and adopt Resolution No. 2022-04, as presented; thereby setting the 2022/2023 regular meeting schedule and authorizing the publication of the annual meeting schedule, as required by law.

ADMINISTRATIVE & OPERATIONAL MATTERS
Announcement of Qualifying Period: Noon, June 13, 2022 – Noon, June 17, 2022 (Seats #1&2)
Ms. Nguyen advised that the 4-year terms of office for Seat #1 (Oscar De Cardenas) and Seat #2 (Delia Arcelus) were expiring in November 2022. The qualifying period for election and/or re-election has been set from noon on June 13, 2022, through noon on June 17, 2022. Those candidates interested in running for election can submit their qualifying documents in person to the Miami-Dade County Supervisor of Elections’ Office located at 2700 NW 87th Avenue, Miami, Florida 33172. Ms. Nguyen stated that she provided Mr. De Cardenas and Ms. Arcelus information on election qualifying via email. The new term of office will be a 4-year term through Election Day in November 2026.

Statement of Financial Interests/Disclosure 2021 Form 1 – Filing Deadline: July 1, 2022
Board Members were reminded of the importance of completing and mailing to the Supervisor of Elections within the County of residency their individual 2021 Statement of Financial Interests Form 1. The deadline for submittal is July 1, 2022.

BOARD MEMBER & STAFF CLOSING COMMENTS
Ms. Nguyen stated that the next Board Meeting would be held on either September 14, 2022, or October 12, 2022. There were no comments from Board Members.

ADJOURNMENT
There being no further business to come before the Board, a motion was made by Mr. Zapata, seconded by Ms. Canchola and unanimously passed to adjourn the Regular Board Meeting at 6:50 p.m.

Secretary/Assistant Secretary	Chairperson/Vice Chairperson

Page 3 of 3

RESOLUTION NO. 2022-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2021/2022 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors (the “Board”) of the Islands at Doral (SW) Community Development District (the “District”) is empowered to provide a funding source and to impose special assessments upon the properties within the District; and,

WHEREAS, the District has prepared for consideration and approval an Amended Budget.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT, THAT:

Section 1.  The Amended Budget for Fiscal Year 2021/2022 attached hereto as Exhibit “A” is hereby approved and adopted by the Board.

Section 2.  The Secretary/Assistant Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution.

PASSED, ADOPTED and BECOMES EFFECTIVE this 14th day of September, 2022.

ATTEST:	ISLANDS AT DORAL (SW)
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

Islands At Doral (SW) Community Development District

Amended Final Budget For Fiscal Year 2021/2022
October 1, 2021 - September 30, 2022

CONTENTS

AMENDED FINAL OPERATING FUND BUDGET

AMENDED FINAL DEBT SERVICE FUND BUDGET

AMENDED FINAL BUDGET
ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2021/2022 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 8/31/22	
Administrative Assessments	81,711	82,742	82,742	
Maintenance Assessments	32,872	32,874	32,874	
Debt Assessments	572,496	572,610	572,610	
Other Revenues	0	0	0	
 nterest ncome	300	305	300	
Total Revenues	$	687,379	$	688,531	$	688,526	
				
EXPENDITURES				
Maintenance Expenditures				
(ngineering Report/ nspections	1,500	2,375	2,375	
Storm Drain nlet Maintenance	9,000	9,000	6,470	
Street/Roadway Maintenance - Polynesian Subdivision	4,200	1,000	0	
Miscellaneous *eneral Maintenance	3,600	1,000	63	
Miscellaneous Stormwater System Maintenance	12,600	1,000	0	
Total Maintenance Expenditures	$	30,900	$	14,375	$	8,908	
				
Administrative Expenditures				
Supervisor Fees	5,000	2,400	1,400	
Payroll 7a[es (mployer 	383	192	107	
Management	31,200	31,200	28,600	
Secretarial Field Operations	6,000	6,000	5,500	
/egal	7,500	7,500	5,081	
Assessment Roll	6,000	6,000	0	
Audit Fees	3,700	3,700	3,700	
Arbitrage Rebate Fee	650	650	0	
 nsurance	6,000	5,706	5,706	
/egal Advertisements	650	650	387	
Miscellaneous	1,100	1,200	1,087	
Postage	250	250	216	
Office Supplies	550	250	194	
Dues Subscriptions	175	175	175	
7rustee Fees	4,800	4,031	4,031	
Continuing Disclosure Fee	350	350	0	
:ebsite Management	2,000	2,000	1,833	
Administrative Contingency	800	800	0	
Total Administrative Expenditures	$	77,108	$	73,054	$	58,017	
				
Total Expenditures	$	108,008	$	87,429	$	66,925	
				
EXCESS/ (S+ORTFALL)	$	579,371	$	601,102	$	621,601	
				
%ond Payments	 538,146 	(546,403)	 546,403 	
				
Balance	$	41,225	$	54,699	$	75,198	
				
County Appraiser 7a[ Collector Fee	 13,742 	(6,634)	 6,634 	
Discounts For (arly Payments	 27,483 	(24,827)	 24,827 	
				
Excess/ (SKortIall)	$	-	$	23,238	$	43,737	
				
Carryover From Prior Year	0	0	0	
				
Net Excess/ (SKortIall)	$	-	$	23,238	$	43,737	

Fund %alance As Of 9/30/2021	
FY 2021/2022 Activity	
Fund %alance As Of 9/30/2022	

 326,466	
 23,238	
 349,704	

AMENDED FINAL BUDGET
ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND
FISCAL YEAR 2021/2022 OCTOBER 1, 2021 - SEPTEMBER 30, 2022

REVENUES	FISCAL YEAR 2021/2022 BUDGET
10/1/21 - 9/30/22	AMENDED FINAL BUDGET
10/1/21 - 9/30/22	YEAR TO DATE ACTUAL
10/1/21 - 8/31/22	
 nterest ncome	25	11	10	
NAV Tax Collection	538,146	546,403	546,403	
Total Revenues	$	538,171	$	546,414	$	546,413	
				
EXPENDITURES				
Principal Payments	372,000	372,000	372,000	
 nterest Payments	161,750	166,753	166,753	
Bond Redemption	4,421	0	0	
Total Expenditures	$	538,171	$	538,753	$	538,753	
				
Excess/ (SKortfall)	$	-	$	7,661	$	7,660	

Fund Balance As Of 9/30/2021	
Projected FY 2021/2022 Activity	
Projected Fund Balance As Of 9/30/2022	

$118,917	
$7,661	
$126,578	

Note* Revenue Fund Balance = $126,578.
Revenue Fund Balance To Be Used To Make 11/1/2022 nterest Payment Of $78,373.
* Approximate Amounts

Series 2020 Refunding Bonds Information
Original Par Amount =	$6,945,000	Annual Principal Payments Due 	
 nterest Rate =	2.69%	May 1st	
 ssue Date =	Jan 2020	Annual nterest Payments Due 	
Maturity Date =

Par Amount As Of 9/30/22 =	May 2035

$5,827,000	May 1st & November 1st	

  

MEMORANDUM

TO:	District Manager

FROM:	Billing, Cochran, Lyles, Mauro & Ramsey, P.A. District Counsel

DATE:	July 7, 2022

RE:	2022 Legislative Update

As District Counsel, throughout the year we continuously monitor pending legislation that may be applicable to the governance and operation of our Community Development District and other Special District clients. It is at this time of year that we summarize those legislative acts that have become law during the most recent legislative session, as follows:

Chapter 2022 – 220, Laws of Florida (HB 7055). The legislation prohibits state agencies and local governments from paying or otherwise complying with a ransomware incident and establishes penalties and fines for certain ransomware offenses against a government entity1. The law provides that a ransomware offense is punishable as a first degree felony. The legislation further provides that an employee or contractor of a government entity, with access to the government entity’s network, who willfully and knowingly aids or abets another in the commission of a ransomware offense against the government entity commits a felony of the first degree. The law defines the severity level of a cybersecurity incident in accordance with the National Cyber Incident Response Plan. State agencies and local governments must report all ransomware incidents and high severity level cybersecurity incidents to the Cybersecurity Operations Center and the Cybercrime Office within the Florida Department of Law Enforcement as soon as possible, but no later than 12 hours after the discovery of the incident. Local Governments must also report the incident to the local sheriff’s office. The legislation requires state agency and local government employees to undergo certain cybersecurity training within 30 days of employment and annually thereafter. The law requires local governments to adopt cybersecurity standards that safeguard the local government’s data, information technology (IT), and IT resources. Counties with a population less than 75,000 and municipalities with a population less than 25,000 must adopt the standards by January 1, 2025. The legislation expands the purpose of the Cybersecurity Advisory Council (CAC) to include advising local governments on cybersecurity and requires the CAC to examine reported cybersecurity and ransomware incidents to develop best practice recommendations. The effective date of this act is July 1, 2022.

Chapter 2022 – 221, Laws of Florida (HB 7057). The legislation provides a general public record exemption in ch. 119, F.S., for the following information held by an agency:

1 The bill defines the term “government entity” to mean any official, officer, commission, board, authority, council, committee, or department of the executive, judicial, or legislative branch of state government; state universities; and any county or municipality, special district, water management district, and any other district in this state.

Coverage limits and deductible or self-insurance amounts of insurance or other risk mitigation coverages acquired for the protection of IT systems, operational technology systems, or data of an agency.
Information relating to critical infrastructure.
Network schematics, hardware and software configurations, or encryption information or information that identifies detection, investigation, or response practices for suspected or confirmed cybersecurity incidents.
Cybersecurity incident information reported pursuant to Sections 282.318 or 282.3185, F.S.

The law also creates a public meeting exemption for any portion of a meeting that would reveal confidential and exempt information; however, any portion of an exempt meeting must be recorded and transcribed. The recording and transcript are confidential and exempt from public record requirements. The legislation provides for release of the confidential and exempt information in certain instances and authorizes agencies to report information about cybersecurity incidents in an aggregate format. The law provides for repeal of the exemptions on October 2, 2027, unless reviewed and saved from repeal by the Legislature, and provides a public necessity statement as required by the Florida Constitution. The effective date of this act is July 1, 2022.

Chapter 2022 – 140, Laws of Florida (HB 7001). In 2018, the electorate of Florida amended the state constitution to prohibit lobbying by certain public officers both during public service and for a six-year period after leaving public office. This legislation implements the new constitutional public officer lobbying prohibitions. The prohibitions address lobbying on issues of policy, appropriations, or procurement before the federal government, the legislature, any state government body or agency, or any political subdivision. It provides that the prohibitions apply to persons in public office on or after December 31, 2022. It authorizes the Commission on Ethics (Commission) to investigate and determine violations of the new prohibitions. The bill provides a range of penalties for violations and directs the Commission to report post-service lobbying violations and recommended punishment to the Governor for imposition of penalties. The prohibitions affect the following officers:

Statewide elected officers;
Members of the Legislature;
County commissioners;
Constitutional county officers and county charter officers;
School board members;
School superintendents;
Elected municipal officers,
Elected special district officers in special districts with ad valorem taxing authority; and
Secretaries, executive directors, and other administrative heads of executive branch departments.

The effective date of this act is December 31, 2022.

Chapter 2022 – 97, Laws of Florida (HB 7071). The legislation provides for a number of tax reductions and other tax-related modifications designed to directly impact both families and businesses. Of interest to Special Districts is the provision that provides tax relief to parcel owners affected by a sudden and unforeseen collapse of a residential building. The law requires the tax collector to abate all taxes and non-ad valorem assessments for the year in which the destruction occurred, and the property appraiser must notify the owners of the abatement. The condition of the residential improvement on January 1 of the year the property was destroyed must have been in such a state that the residential improvement had no value due to a latent defect of the property not readily discernable by inspection. Parcel owners whose property tax is abated are not required to make a payment and property appraisers and tax collectors are prohibited from issuing tax notices. The legislation requires tax collectors to refund tax payments made for taxes levied in the year of collapse. The law requires value adjustment boards to dismiss petitions from parcel owners challenging the value of the parcel for the year of the collapse. The legislation also provides for the following sales tax holidays:

Back to School July 25 to August 7
Disaster Preparedness May 28 to June 10
Energy Star Appliances September 1 to February 28
Freedom Week2 July 1 to July 7
Tools used by Skilled Trade Workers September 3 to September 9
Diapers July 1, 2022 to June 30, 2023
Baby and Toddler Clothing July 1, 2022 to June 30, 2023
Children’s Books May 14 to August 14
Impact resistant Windows and Doors July 1, 2022 to June 30, 2024

Section 197.3195, Florida Statutes, as created by this act, applies retroactively to January 1, 2021. The effective date of this legislation is July 1, 2022.

Chapter 2022 – 83, Laws of Florida (HB 1411). The legislation promotes the use of floating solar facilities by requiring local governments to allow these facilities as a permitted use under certain conditions and to amend its land development regulations to promote the use of floating solar. Floating solar is a concept that refers to any type of solar array that floats atop a body of water. The legislation defines “floating solar facility” as a solar facility, as defined in s. 163.3205(2), F.S., which is located on wastewater treatment ponds, abandoned limerock mine areas, stormwater treatment ponds, reclaimed water ponds, or other water storage reservoirs. Under the law, counties and municipalities may adopt ordinances specifying buffer and landscaping requirements for floating solar facilities, however, such requirements may not exceed the requirements for similar uses involving the construction of other solar facilities that are permitted uses in agricultural land use categories and zoning districts. The effective date of this legislation is July 1, 2022.

Chapter 2022 – 202, Laws of Florida (HB 967). The legislation requires the turfgrass science program at the University of Florida Institute of Food and Agricultural Sciences

2 Specified admissions (live music events, live sporting events, movie theater tickets, gym access, entry to fairs and festivals, etc.) and items related to recreational activities.

(UF/IFAS), in coordination with the Department of Environmental Protection (DEP), to administer certification for golf course best management practices (BMPs) in order to provide a means of documenting and ensuring compliance with BMPs for fertilizer application to golf courses. The law requires UF/IFAS to provide training and testing certification programs and to issue certificates demonstrating completion of such programs. The certification expires four years after the date of issuance, and recertification is available if an applicant completes continuing education. Persons certified in golf course BMPs are exempt from additional local training and from local ordinances relating to water and fertilizer use, blackout periods, or restrictions unless a state of emergency is declared. The legislation encourages UF/IFAS to create a registry of persons certified on its website. The effective date of this legislation is July 1, 2022.

Chapter 2022 – 103, Laws of Florida (HB 7049). The legislation gives a governmental agency the option to publish its legal notices on the publicly accessible website of the county in which it lies instead of in a printed newspaper or on a newspaper’s website if doing so would cost less than publishing legal notices in a newspaper. The law requires a special district spanning the geographic boundaries of more than one county and opting to publish legal notices on a publicly accessible website to publish its legal notices on the publicly accessible website of each county within its boundaries. A link to legal notices published on a publicly accessible website must be conspicuously placed on or accessible through a direct link from the (1) publicly accessible website’s homepage; and (2) the homepage of the website of each governmental agency publishing legal notices online. A governmental agency publishing legal notices on a publicly accessible website must (1) give notice in a newspaper or in a mailed or delivered publication, at least annually, that property owners and residents may receive legal notices from the governmental agency by first-class mail or e-mail upon registering with the agency; and (2) maintain a registry of property owners and residents who request in writing to receive legal notices from the governmental agency by mail or e-mail. The effective date of this act is January 1, 2023.

Chapter 2022 – 216, Laws of Florida (HB 1057). The legislation provides that when an agency is determining whether a vendor is a responsible vendor, an agency may establish financial stability criteria and require a vendor to demonstrate its financial stability. If an agency requires a vendor to demonstrate its financial stability during the competitive solicitation process, the agency must accept any of the following documents as evidence of the vendor’s financial stability:

Audited financial statements that demonstrate the vendor’s satisfaction of financial stability criteria.
Documentation of an investment grade rating from a credit rating agency designated as a nationally recognized statistical rating organization by the Securities and Exchange Commission.
For a vendor with annual revenues exceeding $1 billion, a letter containing a written declaration issued by the chief financial officer or controller attesting that the vendor is financially stable and meets the definition of financial stability.
For a vendor with annual revenues of $1 billion or less, documentation, based on criteria established by the agency, evidencing that the vendor is financially stable and meets the definition of financial stability. The criteria established by the agency must be reasonably related to the value of the contract and may not include audited financial statements.

The law does not prohibit agencies from accepting additional documentation as evidence of financial stability and it does not preclude an agency from requiring a performance bond for the duration of the contract, when appropriate. The legislation defines the term “financial stability” to mean, at a minimum, having adequate income and capital and the capacity to efficiently allocate resources, assess and manage financial risks, and maintain financial soundness through the term of the contract. The legislation is effective upon becoming law.

Chapter 2022 – 190, Laws of Florida (SB 1062). The relevant portion of this legislation provides that service of process against any municipal corporation, agency, board, commission, department, subdivision of the state or any county that has a governing board, council, or commission or which is a body corporate must be served on the registered agent. However, if the entity does not have a registered agent, or if the registered agent cannot be served after one good faith attempt, the entity must be served:

On the president, mayor, chair, or other head thereof, and in the absence of the aforementioned;
On the vice president, vice mayor, or vice chair, and in the absence of the aforementioned;
On any member of the governing board, council, or commission, the manager of the governmental entity, or an in-house attorney for the governmental entity, and in the absence of the aforementioned;
On any employee of the governmental entity at the main office of the governmental entity.

The effective date of this legislation is January 2, 2023.

Chapter 2022 – 76, Laws of Florida (SB 882). The legislation requires each of the state’s five regional water management districts (WMD), as part of its district water management plan and in cooperation with local governments, to develop a list of critical wetlands to be acquired using funds from the Land Acquisition Trust Fund. The WMD must consider the following criteria in designating a wetland for inclusion on the list:

The ecological value of the wetland as determined by the physical and biological components of the environmental system;
The effect of the wetland on water quality and flood mitigation;
The ecosystem restoration value of the wetland; and
The inherent susceptibility of the wetland to development due to its geographical location or natural aesthetics.

The law requires that before adopting or amending its list of critical wetlands, each WMD must notify property owners whose property the WMD is contemplating including on the list. A property owner who wishes to remove their property from the list must submit a letter to the WMD requesting such removal and sufficiently identifying the property. The WMD must approve the removal if those requirements are met. The effective date of this act is July 1, 2022.

Chapter 2022 – 121, Laws of Florida (SB 518). The legislation amends s. 163.045, F.S., to clarify that a local government may not burden a property owner’s rights to prune, trim, or remove trees on his or her own residential property if the tree “poses an unacceptable risk” to

persons or property and the property owner possesses “documentation” from a landscape architect or certified arborist. A tree poses an “unacceptable risk” if removal is the only means of practically mitigating the risk below “moderate.” The law also adds definitions for the terms “documentation” and “residential property.” The definition for “documentation” requires that an onsite assessment be made in a certain manner by a specified type of certified arborist or architect. The bill defines “residential property” as a single-family detached building located on a lot that is actively used for single-family residential purposes. The effective date of this act is July 1, 2022.

Chapter 2022 – 89, Laws of Florida (HB 7053). To assist local governments in resilience planning, this legislation creates the Resilient Florida Grant Program (grant program), which authorizes the Department of Environmental Protection (DEP) to provide grants to a city or county to fund the costs of community resilience planning. In addition, the law directs DEP to develop an annual Statewide Flooding and Sea Level Rise Resilience Plan (plan), which consists of a list of ranked projects submitted by cities and counties that address risks posed by flooding and sea-level rise. With respect to the plan, the legislation requires DEP to rank and include in the plan all eligible projects that were submitted for the plan and to include a detailed narrative overview describing how the plan was developed. The bill authorizes special districts that are responsible for the management and maintenance of inlets and intracoastal waterways or for the operation and maintenance of a potable water facility, a wastewater facility, an airport, or a seaport facility to submit projects for inclusion in the plan. This act is effective July 1, 2022.

Chapter 2022 – 266, Laws of Florida (SB 4-C). This legislation dissolves all independent special districts established by a special act prior to the ratification of the Florida Constitution on November 5, 1968, if those districts have not been reestablished, re-ratified, or otherwise reconstituted by special act or general law after such date. Such special districts will be dissolved effective June 1, 2023. The following six districts appear to operate pursuant to a charter, which predates the 1968 Florida Constitution and was not reestablished, re-ratified, or otherwise reconstituted by a special act or general law after November 5, 1968:

Bradford County Development Authority (Bradford County)
Sunshine Water Control District (Broward County)
Eastpoint Water and Sewer District (Franklin County)
Hamilton County Development Authority (Hamilton County)
Reedy Creek Improvement District (Orange and Osceola Counties)
Marion County Law Library (Marion County)

The law allows an independent special district affected by the bill to be re-established on or after June 1, 2023, pursuant to the requirements and limitations of ch. 189 F.S. When there is a dissolution of a special district government, the special district transfers the title to all property owned by the preexisting special district to the local general-purpose government, either a county or municipality, which shall also assume all indebtedness of the preexisting special district. This act is effective July 1, 2022.

For convenience, we have included copies of the legislation referenced in this memorandum. We request that you include this memorandum as part of the agenda packages for upcoming meetings of the governing boards of those special districts in which you serve as the

District Manager and this firm serves as District Counsel. For purposes of the agenda package, it is not necessary to include the attached legislation, as we can provide copies to anyone requesting the same. Copies of the referenced legislation are also accessible by visiting this link: http://laws.flrules.org/.