ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING SEPTEMBER 11, 2024
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 11, 2024
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 12, 2024 Regular Board Meeting & Public Hearing Minutes	Page 2
Old Business
Staff Report, as Required
New Business
Discussion Regarding Lake Tract Ownership	Page 6
2024 Legislative Session Memorandums	Page 14
Administrative & Operational Matters
Update: Miami-Dade County Supervisor of Elections 2024 Qualified Candidate Results
Board Member & Staff Closing Comments
Adjourn

MIAMI-DADE

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 Review f/kfa Miami Review, of 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 2023/2024 REGULAR MEETING SCHEDULE

in the XXXX Court,
was published in a newspaper by print in the issues of Miami Daily Business Review f/kla Miami Review on

09/29/2023

Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.

 "	
29	

I
(SEAL)
GUILLERMO GARCIA personally known to me

ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING & PUBLIC HEARING
JUNE 12, 2024

NOTE: Due to severe weather including flash flooding, the District Manager and District Counsel called- in to the June 12, 2024, Regular Board Meeting. The District Manager confirmed that Board Supervisors were physically present at the advertised meeting location.
CALL TO ORDER
District Manager Nancy Nguyen called the June 12, 2024, Regular Board Meeting of the Islands at Doral (SW) Community Development District (the “District”) to order at 6:30 p.m. in the Doral Legacy Park Second Floor Conference Room located at 11400 NW 82nd Terrace, Doral, Florida 33178.
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 September 29, 2023, as part of the District’s Fiscal Year 2023/2024 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

Ms. Nguyen determined that the attendance of Chairman Jairo Zapata, Vice Chairwoman Elizabeth Canchola, and Supervisors Oscar De Cardenas and Delia Arcelus (who arrived at 6:40 p.m.) constituted a quorum and it was in order to proceed with the meeting.

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

ADDITIONS OR DELETIONS TO THE AGENDA
There were no other 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
April 10, 2024, Regular Board Meeting
Ms. Nguyen presented the minutes of the April 10, 2024, Regular Board Meeting and asked if there were any changes.

There being no changes, a motion was made by Mr. Zapata, seconded by Ms. Canchola and unanimously passed approving the minutes of the April 10, 2024, Regular Board Meeting, as presented.

NOTE: At approximately 6:32 p.m., Ms. Nguyen recessed the Regular Meeting and simultaneously opened the Public Hearing.

Page 1 of 4

PUBLIC HEARING
Proof of Publication
Ms. Nguyen presented proof of publication that notice of the Public Hearing had been published in the
Miami Herald on May 23, 2024, and May 30, 2024, as legally required.

Receive Public Comments on Fiscal Year 2024/2025 Final Budget
Ms. Nguyen opened the public comment portion of the Public Hearing to receive comments on the 2024/2025 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. 2024-03 – Adopting a Fiscal Year 2024/2025 Final Budget

Ms. Nguyen presented Resolution No. 2024-03, entitled:

RESOLUTION NO. 2024-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT APPROVING AND ADOPTING A FISCAL YEAR 2024/2025 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 2024/2025 final budget and the non-ad valorem special assessment tax roll. A discussion ensued after which:

A motion was made by Ms. Canchola, seconded by Mr. De Cardenas and unanimously passed to approve and adopt Resolution No. 2024-03, as presented; thereby setting the 2024/2025 final budget and non-ad valorem special assessment tax roll.

NOTE: At approximately 6:33 p.m., Ms. Nguyen closed the Public Hearing and simultaneously reconvened the Regular Meeting.
OLD BUSINESS
Discussion Regarding Investment Options (PNC Bank)
Ms. Nguyen presented a brochure from PNC Bank (PNC) describing the benefits of short-term investing through PNC’s Money Market Fund Sweep tool. Ms. Nguyuen explained that a money market sweep tool linked to an operating account will automatically transfer excess funds at the end of the business day into a money market account. This process allows the District to receive a higher interest rate than keeping the excess funds in the operating account.
Ms. Nguyen explained that the District’s operating account is currently earning a 2.75% interest with a current fee of approximately $200 per month. She further explained that PNC’s Money Market Fund Sweep will earn 4.98%; however, there is a fee of $400 per month to use this tool (bringing the District’s total banking fee expenses to $600 per month).

Page 2 of 4

Ms. Nguyen explained that prior to the District’s refunding of bonds, their banking institution was South State and that account is still open. Funds in the South State bank account will earn 4.07% with no monthly service fee. Ms. Nguyen noted that the District’s operating account must remain at PNC per the Trust Indenture, however, she recommends transferring the excess funds to the South State account. She also indicated that the District could make another transfer in November of this year once the District starts receiving assessments. To keep a healthy operating fund balance, Ms. Nguyen recommended transferring $206,000 from the PNC operating account to the South State account now. A discussion ensued, after which:
A motion was made by Ms. Canchola, seconded by Mr. Zapata and unanimously passed approving the transfer of $206,000 from the Islands at Doral (SW) Community Development District PNC operating account to the South State bank account; further authorizing the transfer of excess funds in November.
Update Regarding Stormwater System Cleaning
Ms. Nguyen stated that the stormwater system cleaning project has been completed.

NEW BUSINESS
Consider Resolution No. 2024-04 – Adopting a Fiscal Year 2024/2025 Meeting Schedule
Ms. Nguyen presented Resolution No. 2024-04, entitled:

RESOLUTION NO. 2024-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE ISLANDS AT DORAL (SW) COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2024/2025 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

Ms. Nguyen provided an explanation for the document. A discussion ensued after which:

A motion was made by Mr. Zapata, seconded by Mr. De Cardenas and unanimously passed to approve and adopt Resolution No. 2024-04, as presented; thereby setting the 2024/2025 regular meeting schedule and authorizing the publication of the annual meeting schedule, as required by law.

ADMINISTRATIVE & OPERATIONAL MATTERS
Staff Report, as Required
There was no staff report at this time.

BOARD MEMBER & STAFF CLOSING COMMENTS
Board members were reminded of the qualifying period for the three (3) seats whose terms are expiring this year.
There were no comments from Board Members. Ms. Nguyen stated that unless an emergency were to arise, the Board would not need to meet until September 11, 2024, or October 9, 2024.
Mr. George thanked the Board for allowing him to call into the meeting and taking the severe weather into account.
Page 3 of 4

ADJOURNMENT
There being no further business to come before the Board, a motion was made by Mr. De Cardenas, seconded by Ms. Arcelus and unanimously passed adjourning the Regular Board Meeting at 6:43 p.m.

Secretary/Assistant Secretary	Chairperson/Vice Chairperson

Page 4 of 4

FL Certificate of Authorization No. 7538 8935 NW 35 Lane, Suite 101
Doral, FL 33172
Tel. (305) 640-1345 Fax (305) 640-1346
E-Mail: Juan.Alvarez@AlvarezEng.com

June 12, 2024

Ms. Nancy Nguyen District Manager
Islands at Doral (SW) Community Development District Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

Re: Year 2024 Islands at Doral (SW) CDD Report

Dear Ms. Nguyen:
The intent of this report is fourfold: 1) To inform as to the status of ownership of the infrastructure that was financed or constructed by Islands at Doral (SW) Community Development District (the “District” or “CDD”); 2) To describe the state, working order and condition of the infrastructure still owned by the District; 3) To give recommendations as to the funds estimated necessary for the proper maintenance, repair and operation of the District’s infrastructure and; 4) To report on the insurance being carried by the District. This report aims to comply with the requirements of Article IX, Sections
9.22 and 9.15 of the Trust Indenture between Islands at Doral (SW) Community Development District and Wachovia Bank, National Association (the “Trustee”) dated August 1, 2003.

The District is located in Section 7, Township 53S, Range 40E, in Miami-Dade County. It is bounded by NW 117 Avenue on the west, NW 80 Terrace on the north, NW 112 Avenue on the east, and NW 74 Street and NW 76 Street on the south.

Infrastructure Ownership
Roads
Within the boundaries of the District, NW 114 Avenue and the roads located to the east of NW 114 Avenue, were financed by the District. The roads west of NW 114 Avenue are private roads that were not financed by the District. The roads east of NW 114 Avenue are owned by the City in the northern section of the community (north of the lake), and by the CDD in the south (south of the lake). Refer to Exhibit 2 for the location of the CDD-owned roads.

The right-of-ways for the roads were dedicated for ownership as follows:
City Roads: The roads and right-of-way within the District for NW 112 Avenue, NW 112 Place, NW 113 Avenue, NW 113 Place, NW 114 Avenue, NW 74 Street, NW 77 Terrace, NW 78 Street, NW 78 Lane and NW 79 Lane were dedicated to the City of Doral for the perpetual use of the public. This was accomplished by the recording of the following plats:

“Doral Isles North Section One” Recorded on March 4, 2004 in Miami Dade County Plat Book 161, Page 57.

“Doral Isles North Section Two” Recorded on March 5, 2004 in Miami Dade County Plat Book 161, Page 58.

CDD Roads: The road improvements that belong to the District are within an ingress and egress tract (Tract L of Doral Isles North Section One). Such tract is owned by Polynesian at Islands at Doral Neighborhood Association, Inc. (see Exhibit 2). This tract was conveyed to the Polynesian at Islands at Doral Neighborhood Association, Inc. by Quit Claim Deeds recorded at ORB 24679, PG 1666 on June 29, 2006 and ORB 24835, PG
1949 on August 18, 2006. The Folio Number given is 35-3007-002-2670. The deeds include easements for maintenance by government agencies and successors and assigns of the Developer.

The private, non-CDD roads west of NW 114 Avenue have been deeded as follows:

Islands at Doral Neighborhood Association, Inc. (Folio No 35-3007-003-4020) conveyed by Corrective Quitclaim Deed recorded at ORB 24796, PG 2668 on August 7, 2006, which includes an easement for maintenance.

Netherlands Neighborhood Association Inc. (Folio No 35-3007-003-4021) conveyed by Corrective Quit Claim Deed at ORB 25290, PG 4238 on January 19, 2007, which includes an easement for maintenance.

The entrance at NW 74 Street and NW 113 Court was closed due to Right of Way taking by the Florida Department of Transportation (FDOT) and Miami-Dade County for the construction of a noise wall relating to the construction of the interchange at NW 74 Street and the Homestead Extension of Florida’s Turnpike (State Road 821). The CDD and the FDOT came to a mutually agreed settlement arrangement and entered into a Settlement Agreement to effectuate the construction of the wall as well as the drainage and open space modifications due to the closing. Construction of the wall and closure of the street were completed.

The District Board, through the approval of a “Soft Gate” License Agreement with the Polynesian at Islands at Doral Neighborhood Association, Inc. authorized a plan to control traffic within the CDD roads by installing soft gates at the NW 114 Avenue entrances to the CDD roads at NW 77 Lane and NW 75 Lane and modifying the intersections at NW 112 Avenue and NW 74 Terrace, NW 75 Terrace and NW 75 Lanes into one-way exits only. The soft gates and traffic control plan were completed.
Stormwater Management System
The road system within City roads was dedicated to the City of Doral for the perpetual use of the public by the recording of the plats described above and by the acceptance of the improvements by the City.

The road drainage improvements within the ingress and egress tracts located east and west of NW 114 Avenue, and as described in the Engineer’s Report of 5/14/2003, are owned by the District. (See Exhibits 1 and 2). The Quit Claim Deeds include easements for drainage.

The lake improvements throughout the District, and as described in the Engineer’s Report of 5/14/2003, are owned by the CDD. The lake tracts were dedicated to the Islands at Doral Master Association, Inc. by Quit Claim Deeds recorded at ORB 24679, Page 1445 on June 29, 2006 (Folio No 35-3007-003-4022, Tracts R, S, T and U) and ORB 24679, Page 1378 (Folio No 35-3007-002-2651, Tracts B, C and D). The deeds provide for drainage easements. (See Exhibits 1 and 2).

Several tracts of green areas, including swales and lake slopes (Folio No. 35-3007-002- 2650), were dedicated to the Galapagos at Islands at Doral Neighborhood Association, Inc. by the Quit Claim Deed recorded at ORB 24679, Pages 1708-1710, including an easement for drainage. Other green areas, including swale and lake slopes, are included in Tract L, Folio No 35-3007-002-2670, which, as discussed above, were conveyed with a maintenance easement to the Polynesian at Islands at Doral Neighborhood Association, Inc.

Water and Sewer Systems
The water and sewer systems are owned and maintained by Miami-Dade County under Agreement No. 17675.

State, Working Order and Condition of the Infrastructure Owned by the District
Alvarez Engineers, Inc. conducted a field inspection to determine the current state, working order and condition of the infrastructure owned by the District and reports the following regarding the CDD Roads and drainage system:
Roads
The CDD roads are generally in good working order and condition with minimum cracks around sewer manholes. The pavement markings are in good condition in the Polynesian, Galapagos and Netherlands subdivisions but present some deterioration in several areas of the Winward subdivision. It is recommended to renovate pavement markings with new thermoplastic and reflective pavement markers, so the end of the markings service life will be in line with the end of the asphalt service life.

Stormwater Management System
The system appears to be in good physical state, working order and condition. The District Engineer has not received any flooding complaints. The lakes are in good working order and condition.

Maintenance of the drainage system within the City of Doral right of ways may be requested at the City of Doral Public Works Department telephone phone number: 305-593-6740.
Water and Sewer Systems
The systems appear to be in good working order and condition. Future issues may be reported to the County at either of the following numbers: 305-274-9272 (Emergencies) or 305-665- 7477 (Customer Service).

Estimated Maintenance Costs for District-Owned Infrastructure
General
The CDD 2024-2025 proposed Fiscal Year budget has the following amounts for maintenance expenditures:

2024-2025 Proposed Budget for Maintenance	
Engineering Report/Inspections	$2,000	
Storm Drain Inlet Maintenance	$13,000	
Street/Roadway Maintenance - Polynesian Subdivision	$4,200	
Miscellaneous General Maintenance	$2,650	
Miscellaneous Stormwater System Maintenance	$8,100	
Total	$29,950	

For more detailed information on the 2024-2025 Fiscal Year Budget please visit the District’s website at the following link:
http://islandsdoralswcdd.org/financials/
Alvarez Engineers recommends considering the following suggestions for maintenance budgets:

District Roads
Funds will be needed to replace the wearing roadway asphalt layer in about 9 years when the asphalt has reached its estimated 30-year service life. Funds will also be needed to update signs and markings on the roadways when asphalt is replaced and subsequently restored approximately every 10 years. The District Board of Supervisors may decide whether to create a sinking fund to finance the future capital expense over the next 9 years or to pay a lump sum amount at the end of the asphalt service life. The table below provides the estimated future replacement cost and the estimated annual contributions over the remaining service life to fund the expense. The calculations below assume an annual interest rate of 0.25%.

Pavement Service Life
(30 Years Estimated)	
Present Year	
Remaining Service Life (Yrs)	
Present Year Cost (PC) of Pavement Replacement (Mill unit cost $2 and Resurface 3/4" Thick unit cost $6)	Future Replacement Cost @ End of Service Life*	
Annual Interest Rate	
Annuity to Finance (FC) in (n) Years given (i)	
From	To		(n)	Quantity
(SY)	Unit Cost
($/SY)	(PC)	(FC)	(i)	FCi/((1+i)^n-1)	
2003	2033	2024	9	25,325	$8.00	$202,600	$269,255	0.25%	$29,619	
* Using Florida Department of Transportation Inflation Factors					

Signs & Marking Service Life
(10 Years Estimated)	
Present Year	
Remaining Service Life (Yrs)	
Present Year Cost (PC) of Signs & Marking	Future Replacement Cost @ End of Service Life*	
Annual Interest Rate	
Annuity to Finance (FC) in (n) Years given (i)	
From	To		(n)	Quantity
(SY)	Unit Cost
($/SY)	(PC)	(FC)	(i)	FCi/((1+i)^n-1)	
2022	2033	2024	9	25,325	$1.00	$25,325	$33,657	0.25%	$3,702	
* Using Florida Department of Transportation Inflation Factors					
Stormwater Drainage System
The following is a suggested 5-year cyclical program for servicing the inlets, manholes, pipes and French drains of the drainage system for which the CDD is responsible. The program consists of servicing 20% of the system every year so that at the end of the fifth year, 100% of the system will have been serviced. The table below shows the estimated amount that would need to be budgeted yearly to service the 211 drainage structures and 15,273 Linear Feet of pipes that the District is responsible for. The program may be financed yearly or in one lump sum when needed, at the discretion of the Board of Supervisors.

Total No. Structures in CDD	
Total LF Pipes	No. Structures with Pipes Serviced per Year	Cost/EA Structure (Includes Cleaning, and Baffle
Replacement)	Cost/LF Pipe (Includes Cleaning, Video, Dewatering,
and Root Removal)	Total Budget Amount Per Year	
		Year 1	Year 2	Year 3	Year 4	Year 5				
211	15273	43					$225.00	$6.70	$30,200	
			43				$230.00	$6.90	$31,000	
				43			$235.00	$7.40	$32,800	
					43		$240.00	$8.10	$35,100	
						43	$245.00	$9.20	$38,700	

Master Stormwater Management System (Lakes).
In accordance with Special Condition 2 of SFWMD Permit No. 13-01931-P, the Islands at Doral Master Association, Inc. will continue the operation and maintenance of the lakes under their budget. It is recommended that CDD Management coordinates with the Association to ensure that CDD improvements are properly maintained and that enough funds are allocated in the Association’s budget for that purpose.

Water and Sewer Systems
The water and sewer systems are maintained, operated and funded by WASD, which may be contacted at 305-274-9272 (for emergencies) or at 305-665-7477 (for customer service).

Insurance.
The District currently carries insurance for General Liability, Hired Non-Owned Auto, Employment Practices Liability and Public Officials Liability coverage under policy number 100123039, administered by Florida Insurance Alliance, for the period between October 1, 2023 and October 1, 2024. The District has budgeted enough funds to cover the $6,594 annual premium of the policy.

This report was prepared to the best of my knowledge and belief and is based on field observations conducted by Alvarez Engineers’ personnel, the District Engineer’s Report, and public documents available.

If you have any questions, please do not hesitate to contact me at 305-640-1345 or at Juan.Alvarez@Alvarezeng.com.

Sincerely,
Alvarez Engineers, Inc.

Juan R. Alvarez, PE District Engineer
Florida Engineer License No. 38522

This item has been digitally signed and sealed by Juan R. Alvarez, PE on June 12, 2024.

Printed copies of this document are not considered signed and sealed and the signature must be verified on any electronic copies.

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PORTION OF TRACT "V" (PB 161, PG 58) FOLIO: 35-3007-003-4021
OWNER: NETHERLANDS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 25290, PG 4238)
ESMT: COD; ORB 26634, PG 4751 CATEGORY: DRAINAGE

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TRACT "R" (PB 161, PG 58)
FOLIO: 35-3007-003-4022
OWNER: ISLANDS AT DORAL MASTER ASSOCIATION INC
(QCD ORB 24679, PG 1445) CATEGORY: LAKE

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FOLIO; 35-3007-003-4022
OWNER: ISLANDS AT DORAL MASTER ASSOCIATION INC
(QCD ORB 24679, PG 1445) CATEGORY: LAKE

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PORTION OF TRACT "V" (PB 161, PG 58) FOLIO: 35-3007-003-4020
OWNER: WINDWARD AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24796, PG 2668)
ESMT: COD; ORB 26595, PG 1798 CATEGORY: DRAINAGE

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ANDS AT DORAL MASTER INC
679, PG 1445) LAKE

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FOLIO: 35-3007-003-4022

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OWNER: ISLANDS AT DORAL MASTER ASSOCIATION INC
(QCD ORB 24679, PG 1445) CATEGORY: LAKE

LEGEND:
ESMT: EASEMENT
ORB: OFFICIAL RECORD BOOK PB: PLAT BOOK
PG:PAGE
QCD: QUIT CLAIM DEED

ALVAREZ ENGINEERS, INC.
ISLANDS AT DORAL (SW) COD
CDD LAND OWNERSHIP AND EASEMENTS

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TRACT "M" (PB 161, PG 57)
FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT DORAL

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(QCD ORB 24679 PG 1708)
ESMT: CDD; ORB 26696, PG 4446

NEIGHBORHOOD ASSOCIATION INC

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CATEGORY: DRAINAGE

TRACT "E" (PB 161, PG 57) 	
FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT D NEIGHBORHOOD ASSOCIATION INC (QCD ORB 24679 PG 1708)
ESMT: CDD; ORB 26696, PG 4446
CATEGORY: DRAINAGE

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TRACT "H" (PB 161, PG 57)
FOLIO: 35-3007-002-2650

OWNER: GALAPAGOS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679 PG 1708)
ESMT: CDD; ORB 26696, PG 4446
CATEGORY: DRAINAGE

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TRACT "J" (PB 161, PG 57)
FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679 PG 1708)
ESMT: CDD; ORB 26696, PG 4446
CATEGORY: DRAINAGE

LTRACT "G" (PB 161, PG 57)
FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679 PG 1708)
ESMT: COD; ORB 26696, PG 4446
CATEGORY: ROADWAYS, DRAINAGE

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FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679 PG 1708)
ESMT: CDD; ORB 26696, PG 4446
CATEGORY: DRAINAGE

--TRACT "F"(PB 161, PG 57)
FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
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CATEGORY: DRAINAGE

---TRACT "N"(PB 161, PG 57)
FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679 PG 1708)
ESMT: CDD; ORB 26696, PG 4446
CATEGORY: DRAINAGE

TRACT "P" (PB 161, PG 57)
FOLIO: 35-3007-002-2650
OWNER: GALAPAGOS AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679 PG 1708)
ESMT: CDD; ORB 26696, PG 4446
CATEGORY: DRAINAGE

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FOLIO: 35-3007-002-2651
AT DORAL MASTER (QCD ORB 24679, PG 1378) CATEGORY: LAKE
TRACT "Q" (PB 161, PG 57)
FOLIO: 35-3007-002-2670
OWNER: POLYNESIAN AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679, PG 1666)
ESMT: CDD; ORB 26800, PG 3306

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TRACT "C" (PB 161, PG 57)

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FOLIO: 35-3007-002-2651
AT DORAL MASTER (QCD ORB 24679, PG 1378) CATEGORY: LAKE
TRACT "L" (PB 161, PG 57)
FOLIO: 35-3007-002-2670
OWNER: POLYNESIAN AT ISLANDS AT DORAL NEIGHBORHOOD ASSOCIATION INC
(QCD ORB 24679, PG 1666; ORB 24835, PG 1949)

CATEGORY: DRAINAGE	LEGEND:
ESMT: EASEMENT
ORB: OFFICIAL RECORD BOOK PB: PLAT BOOK
PG: PAGE
QCD: QUIT CLAIM DEED

ALVAREZ ENGINEERS, INC.
ISLANDS AT DORAL (SW) COD
CDD LAND OWNERSHIP AND EASEMENTS

ESMT: CDD; ORB 26800, PG 3306
CATEGORY: ROADWAYS, DRAINAGE

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MEMORANDUM
TO:	District Manager

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

DATE:	July 12, 2024

RE:	2024 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 2024 – 136, Laws of Florida (HB 7013). The legislation establishes a 12- year term limit for members of popularly elected bodies governing independent special districts, excluding terms starting before November 5, 2024, and excluding certain districts. Supervisors of Community Development Districts (CDDs) do not have term limits. The act provides that the boundaries of independent special districts may only be changed by general law or special act. The law revises criteria for declaring special districts inactive, to include those with no revenue, expenditures, or debt for five consecutive fiscal years, and extends the objection period for proposed inactive status declarations from 21 to 30 days. The law stipulates that a special district deemed inactive can only use funds to service outstanding debt and fulfill existing bond covenants and contractual obligations. Additionally, the law repeals section 163.3756, F.S., to align the regulations for Community Redevelopment Agencies (CRAs) with those applicable to other special districts. The bill repeals sections 165.0615 and 190.047, F.S., which allow independent special districts and CDDs, respectively, to convert to a municipality without legislative approval.

Performance Measures and Standards

The legislation also mandates special districts to establish goals, objectives, performance measures, and standards for each program and activity they undertake by October 1, 2024, or the end of their first full fiscal year, and to report annually on their achievements and performance. Furthermore, by December 1 of each subsequent year, each district must produce an annual report detailing the goals and objectives it has accomplished, the performance measures and standards used for evaluation, and any goals or objectives that were not met. The annual report must be published on the District’s website.

For independent special fire control districts, the bill requires reporting on volunteer firefighter training by October 1 annually.

The legislation reduces the maximum ad valorem millage rate for mosquito control districts from 10 mills to one mill, allowing an increase to two mills via referendum, and requires submission of work plans and budgets to receive state funds. Lastly, the law prohibits the creation of new Neighborhood Improvement Districts (NIDs) after July 1, 2024, and mandates a performance review of existing NIDs by September 30, 2025.

The effective date of this act is July 1, 2024.

Chapter 2024 – 80, Laws of Florida (HB 433). The legislation prohibits political subdivisions from establishing, mandating, or requiring employers, including those contracting with political subdivisions, to meet heat exposure requirements not mandated by state or federal law. The law clarifies that it does not limit the authority of political subdivisions to establish heat exposure requirements1 for their direct employees. Effective September 30, 2026, the law amends Florida’s wage and employment benefits law, prohibiting political subdivisions from controlling or affecting wages or employment benefits provided by vendors, contractors, service providers, or other parties through purchasing or contracting procedures. In addition the law prohibits using wages or employment benefits as evaluation factors or awarding preferences based on them. The law removes the ability of local governments to require a minimum wage for certain employees under contract terms and states that these revisions do not impair contracts entered into before September 30, 2026. Lastly, this act prohibits local governments from adopting or enforcing regulations on employee scheduling, including predictive scheduling, by private employers except as expressly authorized or required by state or federal law, rule, regulation, or federal grant requirements. Except as otherwise provided, the effective date of this act is July 1, 2024.

Chapter 2024 – 204, Laws of Florida (HB 149). The legislation raises the maximum limit for continuing contracts under the Consultants' Competitive Negotiation Act (CCNA) from an estimated per-project construction cost of $4 million to $7.5 million, with an annual adjustment based on the Consumer Price Index (CPI). Starting July 1, 2025, and annually thereafter, the Department of Management Services (DMS) is mandated to adjust the maximum allowable amount for each project in a continuing contract according to the change in the June-to-June CPI for All Urban Consumers, as issued by the Bureau of Labor Statistics. DMS is required to publish the adjusted amount on its website. The effective date of this act is July 1, 2024.

Chapter 2024 – 202, Laws of Florida (HB 59). The legislation amends section 720.303, F.S., requiring Homeowner Associations (HOAs) to provide a physical or digital copy of the HOA’s rules and covenants to all members by October 1, 2024. This requirement extends to all new members upon joining and includes providing updated copies whenever amendments to the rules or covenants occur. HOAs are authorized to set standards for the distribution method and timing for these documents. The law also stipulates that HOAs maintain certain official records, such as the HOA’s declaration of covenants and any amendments, within the state for at least seven years. These records must be accessible to parcel owners for inspection or copying, either physically or electronically. The effective date of this act is July 1, 2024

1 A standard to control an employee’s exposure to heat or sun and mitigate its effects. This includes employee monitoring, water consumption, cooling measures, acclimation periods, informational notices, heat exposure programs, first-aid measures, protections for reporting heat exposure, and related reporting and recordkeeping.

Chapter 2024 – 221, Laws of Florida (HB 1203). The legislation establishes educational requirements for community association managers (CAMs) and HOA directors. By January 1, 2025, HOAs with 100 or more parcels must post certain official records on their website or application. It allows parcel owners to request a detailed accounting of any amounts owed to the HOA, and if not provided, the board forfeits any outstanding fine under specific conditions. The bill prohibits HOAs and their committees from imposing requirements on the interior of structures not visible from the frontage, adjacent property, common areas, or golf courses. The law also forbids the need for HOA or committee approval for central air-conditioning, heating, or ventilating systems if not visible from the frontage, adjacent property, common area, or golf course, and if they are similar to approved systems. Criminal penalties are introduced for HOA officers, directors, or managers accepting kickbacks. Additionally, HOAs cannot prevent homeowners from installing vegetable gardens and clotheslines in non-visible areas, and certain HOA election voting activities are classified as a first-degree misdemeanor. The effective date of this act is July 1, 2024.

Chapter 2024 – 44, Laws of Florida (HB 621). The legislation establishes section 82.036, F.S., creating a process for removing unauthorized persons (squatters) from residential property. Property owners or their authorized agents can file a verified complaint with the county sheriff, who, upon verifying the complainant's identity and ownership, must serve notice to the occupants to vacate immediately. The law grants immunity to the sheriff and property owner for any property loss or damage unless the removal is wrongful. It also establishes a civil cause of action for wrongful removal, allowing the wrongfully removed party to seek damages, court costs, and attorney fees. The effective date of this act is July 1, 2024.

Chapter 2024 – 147, Laws of Florida (SB 7020). The legislation amends section 1.01, F.S., the statute defining “registered mail,” to broaden the range of acceptable delivery services for meeting statutory registered mail requirements in the state. The new definition of "registered mail" now explicitly includes any delivery service by the U.S. Postal Service or a private delivery service that provides proof of mailing or shipping and proof of delivery, confirmed by a receipt signed by the addressee or a responsible person at the delivery address. Additionally, "return receipt requested" is defined to encompass delivery confirmation services by the U.S. Postal Service or private delivery services that offer similar proof of delivery. These amendments are remedial in nature and apply retroactively. The effective date of this act is May 6, 2024.

Chapter 2024 – 263, Laws of Florida (HB 321). This legislation specifies that any individual who intentionally releases, organizes the release of, or causes the release of balloons inflated with lighter-than-air gas commits an act of littering and is subject to corresponding penalties2. However, children aged six or younger who engage in such activities are exempt from noncriminal littering infractions and associated penalties. The bill removes the exemption for balloons deemed biodegradable or photodegradable by Florida Fish and Wildlife Conservation rules. It also eliminates the provision allowing citizens to petition a circuit court to prevent the release of ten or more balloons. Additionally, the bill revises definitions in section 403.413, F.S., the Florida Litter Law, to include:

2 The penalty for littering generally corresponds to the amount of litter discarded. ≤ 15 pounds or ≤ 27 cubic feet = Noncriminal infraction, punishable by a civil penalty of $150. > 15 pounds but ≤ 500 pounds or > 27 cubic feet but ≤ 100 cubic feet = First-degree misdemeanor, punishable by up to one year in jail and a $1,000 fine. > 500 pounds or > 100 cubic feet = Third-degree felony, punishable by up to five years’ imprisonment and a $5,000 fine. It is the duty of all law enforcement officers to enforce Florida’s Litter Law.

“Dump,” specifying that it encompasses the intentional release, organization of the release, or causation of the release of balloons.
“Litter,” explicitly adding balloons to the definition.
The effective date of this act is July 1, 2024.

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/.

MEMORANDUM
TO:	District Manager

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

DATE:	August 9, 2024

RE:	2024 Legislative Update – Supplemental Information

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. Below is a summary of an additional law that was not included in the 2024 Legislative Update.

Chapter 2024 – 184, Laws of Florida (HB 7063). The legislation, among other things, amends section 787.06, F.S., to require nongovernmental entities, when a contract is executed, renewed, or extended, with a governmental entity, to provide an affidavit, signed by an officer or a representative of the nongovernmental entity under penalty of perjury, attesting that the nongovernmental entity does not use coercion for labor or services. Special districts, including community development districts, are defined as governmental entities under this statute. The effective date of this act is July 1, 2024.

For convenience, we have included a copy of the legislation referenced in this memorandum. In addition, attached is a form of the affidavit that nongovernmental entities will need to execute when entering, renewing, or extending a contract with a community development district or special district. We request that you include this supplemental 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.

Enclosures (2)