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An act relating to the West Villages Improvement
District, Sarasota County; amending chapter 2004-456,
Laws of Florida, as amended; revising statutory
references; removing a prohibition on the district
obtaining fee simple title to certain real property;
revising board member election procedures; revising
the district's right and power of eminent domain;
providing an effective date. 10
11	Be It Enacted by the Legislature of the State of Florida: 12
Section 1. Subsection (3) of section 2, paragraph (d) of
subsection (2) of section 3, subsection (4) of section 4, and
section 12 of chapter 2004-456, Laws of Florida, as amended by
chapters 2006-355 and 2007-307, Laws of Florida, are amended to
read:
Section 2. District; creation, jurisdiction, and purpose.—
(3) The district is created for all purposes as shall be
liberally construed from and set forth in this act, under
chapters 189 and sections 189.401-189.429, Florida Statutes,
provided that section 189.4045(2), Florida Statutes, is
specifically excluded and not applicable to the district or to
the City of North Port as to that portion of the district
located within the City of North Port jurisdictional boundaries,

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or to Sarasota County as to that portion of the district located
within the unincorporated area, and chapter 298, Florida
Statutes, as the same may be amended from time to time, except
that an inconsistent provision in this act shall control, and
30	may perform such acts as shall be necessary, convenient,
incidental, or proper for the provision, acquisition,
development, operation, and maintenance of those public
infrastructure works and services authorized herein, including
all facilities necessary and incidental thereto.
Section 3. District powers, functions, and duties.—
(2) The district is hereby authorized and empowered as
follows:
(d) To acquire by grant, loan, purchase, gift, transfer,
exchange, dedication, lease, devise, or, when reasonably
necessary for the implementation of district-authorized public
infrastructure works, facilities, or services by means of the
exercise of the right of eminent domain pursuant to the laws of
the state and in accordance with section 12 of this act, all
property, real or personal, or any easement, license, estate, or
interest therein necessary, desirable, or convenient for the
purposes of this act, and to sell, convey, transfer, gift,
lease, rent, dedicate, forfeit, abandon, exchange, or assign all
or any part thereof to or with other entities, including
governmental entities and agencies, and to exercise all of its
powers and authority with respect thereto. The district shall

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not have the right of eminent domain outside of the boundaries
of the district. Notwithstanding anything contained herein, the
district shall not obtain fee simple title to any real property
within the district except as follows:
1. As to that portion of the district located within the
City of North Port jurisdictional boundaries, with the approval
of the City of North Port Commission or its designee;
2. As to that portion of the district located within the
unincorporated area, with the approval of the Board of County
Commissioners of Sarasota County or its designee; or
3. As otherwise required by another governmental entity or
agency.
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Any property interests owned by the district which are used for
nonpublic or private commercial purposes shall be subject to all
ad valorem taxes, intangible personal property taxes, or non-ad
valorem assessments, as would be applicable if said property
were privately owned.
Section 4. Board of supervisors; election, organization,
powers, duties, and terms of office.—
(4) Each year during the month of June, beginning with
June of the second year following the first election, a
supervisor shall be elected, as hereinafter provided, by the
landowners of said district to take the place of the retiring
supervisor. All vacancies or expirations on said board shall be

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filled as provided by this act. All supervisors of the district
shall be citizens of the United States. Following the initial
election of supervisors in order to be eligible for election, a
candidate for an office of supervisor shall be required to file
a written notice of intention to be a candidate in said office
of the district at least 30 calendar days but not earlier than
90 calendar days before but not including the day of the annual
meeting of the landowners. In case of a vacancy in the office of
any supervisor, the remaining supervisors within 90 calendar
days of the vacancy shall fill such vacancy until the expiration
of that seat's outstanding term when a successor shall be
elected by the landowners.
(a) Board members shall begin being elected by qualified
electors of the district as the district becomes populated with
qualified electors. "Qualified elector" means any person at
least 18 years of age who is a citizen of the United States and
a legal resident of the state and of the district and who
registers to vote with the Supervisor of Elections in Sarasota
County. The transition shall occur such that the composition of
the board, after the first general election following a trigger
of the qualified elector population thresholds set forth below,
shall be as follows:
1. One governing board member shall be a person who is a
qualified elector of the district and who was elected by the
qualified electors and four governing board members shall be

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persons who were elected by the landowners.
2. Once 17,598 qualified electors reside within the
district, two governing board members shall be persons who are
qualified electors of the district and who were elected by the
qualified electors and three governing board members shall be
persons elected by the landowners.
3. Once 26,397 qualified electors reside within the
district, three governing board members shall be persons who are
qualified electors of the district and who were elected by the
qualified electors and two governing board members shall be
persons who were elected by the landowners.
4. Once 35,196 qualified electors reside within the
district, four governing board members shall be persons who are
qualified electors of the district and who were elected by the
qualified electors and one governing board member shall be a
person who was elected by the landowners.
5. Once 39,595 qualified electors reside within the
district, all five governing board members shall be persons who
are qualified electors of the district and who were elected by
the qualified electors. 121
Nothing in this paragraph is intended to require an election
prior to the expiration of an existing board member's term.
(b) On or before June 1 of each election year, the board
shall determine the number of qualified electors in the district

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as of the immediately preceding April 15. The board shall use
and rely upon the official records maintained by the supervisor
of elections and property appraiser or tax collector in Sarasota
County in making this determination. Such determination shall be
made at a properly noticed meeting of the board and shall become
a part of the official minutes of the district.
(c) All governing board members elected by qualified
electors shall be elected at large at an election occurring as
provided in subsection (3) and this section.
(d) All governing board members elected by qualified
electors shall reside in the district.
(e) Once the district qualifies to have any of its board
members elected by the qualified electors of the district, the
initial and all subsequent elections by the qualified electors
of the district shall be held at the general election in
November. The board shall adopt a resolution, if necessary, to
implement this requirement. The transition process described
herein is intended to be in lieu of the process set forth in s.
189.041, Florida Statutes.
(f) Elections of board members by qualified electors held
pursuant to this subsection shall be nonpartisan and shall be
conducted in the manner prescribed by law for holding general
elections. Board members shall assume the office on the second
Tuesday following their election.
(g) Candidates seeking election to office by qualified

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electors under this subsection shall conduct their campaigns in
accordance with the provisions of chapter 106, Florida Statutes,
and shall file qualifying papers and qualify for individual
seats in accordance with s. 99.061, Florida Statutes.
(h) The supervisor of elections shall appoint the
inspectors and clerks of elections, prepare and furnish the
ballots, designate polling places, and canvass the returns of
the election of board members by qualified electors. The county
canvassing board shall declare and certify the results of the
election. If, on or before January 1 of any calendar year, there
are 6,000 owners of real property in that portion of the
district located within the City of North Port that are
registered voters in the City of North Port, at least one
supervisor elected at the next regularly scheduled election
shall be a resident of and owner of real property in that
portion of the district located within the City of North Port.
If, on or before January 1 of any calendar year, there are 3,000
owners of real property in that portion of the district located
within the unincorporated area of Sarasota County that are
registered voters of Sarasota County, at least one supervisor
elected at the next regularly scheduled election shall be a
resident of and owner of real property in that portion of the
district located within unincorporated Sarasota County.
Section 12. Eminent domain.—The said board of supervisors
is hereby authorized and empowered, when reasonably necessary

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for the implementation of district authorized public
infrastructure works, facilities, or services, to exercise
within the district, with prior approval by resolution of the
governing body of the district, the right and power of eminent
domain, pursuant to the provisions of chapters 73 and 74,
Florida Statutes, over any property within the district and the
City of North Port or unincorporated Sarasota County, except
municipal, county, state, and federal property, for the uses and
purposes of the district relating solely to water, sewer,
district roads, and water management, specifically including,
without limitation, the power for the taking of easements for
the drainage of the land of one person over and through the land
of another; however, the exercise of any such power of eminent
domain:
(1) Within the territorial boundaries of the City of North
Port, whether or not within the district boundaries, shall
require the prior approval, by resolution, of the City of North
Port City Commission (which approval shall not be unreasonably
withheld); or
(2) Within the unincorporated area, whether or not within
the district boundaries, shall require the prior approval, by
resolution, of the Board of County Commissioners of Sarasota
County (which approval shall not be unreasonably withheld).
Section 2. This act shall take effect upon becoming a law.