KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING OCTOBER 26, 2023
6:00 P.M.

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

www.kendallbreezecdd.org 786.347.2711 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT
Kendall Breeze Clubhouse No. 1 12300 S.W. 125th Court Miami, Florida 33186
REGULAR BOARD MEETING
October 26, 2023
6:00 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
May 25, 2023 PH & Regular Board Meeting Minutes	Page 2
New Business
Consider Resolution No. 2023-04 – Adopting a 2022-2023 Revised Final Budget	Page 6
Old Business
Update on Police Services	Page 11
Administrative Matters
Financial Update	Page 12
Update on the Status of the Statement of Financial Interests Disclosure 2022 Form 1
District Counsel Update on the 2023 Florida Legislative Session	Page 17
District Counsel Update on the 2023 Required Ethics Training	Page 22
Additional Board Member/Staff 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/k/a Miami Review, of Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of

KENDALL BREEZE 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/k/a Miami Review on

10/13/2023

Statutes.	..
/,
?ttt/4..#v-()

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

GUILLERMO GARCIA personally known to me

KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING
MAY 25, 2023

CALL TO ORDER

Mrs. Perez called the May 25, 2023, Regular Board Meeting of the Kendall Breeze Community Development District (the “District”) to order at 6:00 p.m. at the Kendall Breeze Clubhouse No. 1, located at 12300 SW 125th Court, Miami, Florida 33186.

PROOF OF PUBLICATION

Proof of publication was presented that notice of the Regular Board Meeting had been published in the Miami Daily Business Review on October 17, 2022, as part of the District’s Fiscal Year 2022/2023 Regular Meeting Schedule, as legally required.

ESTABLISH A QUORUM

It was determined that the attendance of Chairperson Teresa Van Tassel, Vice Chairperson Octavio Perez and Supervisor Miguel “Michael” Suarez Tauben constituted a quorum and it was in order to proceed with the meeting.

Staff in attendance were: District Manager Gloria Perez of Special District Services, Inc.; and General Counsel Ginger Wald of Billing, Cochran, Lyles, Mauro & Ramsey, PA.

Also present were several members of the public.

ADDITIONS OR DELETIONS TO THE AGENDA.

There were no additions or deletions to the agenda.

e.	COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

F,    APPROVAL OF MINUTES
1. March 23, 2023, Regular Board Meeting

The minutes of the March 23, Regular Board Meeting were presented, and the Board was asked if they had any comments or corrections.

There being no corrections, a MOTION was made by Supervisor Perez, seconded by Supervisor Tauben and unanimously passed approving the minutes of Regular Board Meeting of the March 23, 2023, as presented.

Mrs. Perez then recessed the Regular Board Meeting and opened the Public Hearing.

PUBLIC HEARING
Proof of Publication

Proof of publication was presented that notice of the Public Hearing had been published in the Miami Daily Business Review on May 5, 2023, as legally required.

Supervisor Miguel Sanfiel arrived at approximately 6:02 p.m.

Receive Public Comment on Fiscal Year 2023/2024 Final Budget

Several inquiries and comments were made and addressed by members of the Board, District Counsel and District management, which consisted of when the last increase took place and it was determined that is was eleven (11) years ago. A detailed explanation was provided as to why the increase was taking place, noting that the proposed ‘operation and maintenance’ (O&M) assessment was for major infrastructure improvements, primarily the repaving and markings of the roadways which is due sooner than the District had anticipated, which had been estimated within the next 5 years pursuant to the 2022 District Engineer’s Report.

Mrs. Pere then closed the Public Hearing and reconvened the Regular Board Meeting.

Consider Resolution No. 2023-02 – Adopting a Fiscal Year 2023/2024 Final Budget

Mrs. Perez handed out a corrected version of the Resolution No. 2023-02, entitled:

RESOLUTION NO. 2023-02

A	RESOLUTION	OF	THE	KENDALL	BREEZE	COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2023/2024 BUDGET.

Mrs. Perez read the title of the resolution into the record and stated that it provides for approving and adopting the fiscal year 2023/2024 final budget and the non-ad valorem special assessment tax roll (Assessment Levy).

A MOTION was made by Supervisor Tauben, seconded by Supervisor Perez and unanimously passed adopting Resolution No. 2023-02, approving the Fiscal Year 2023/2024 Final Budget, as presented.

NEW BUSINESS
Consider Resolution No. 2023-03 – Adopting a Fiscal Year 2023/2024 Meeting Schedule

Mrs. Perez presented Resolution No. 2023-03, entitled:

RESOLUTION NO. 2023-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2023/2024 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

Mrs. Perez read the title of the resolution into the record and noted that meetings would remain at the Kendall Breeze Clubhouse No. 1 located at 12300 S.W. 125th Court, Miami, Florida 33186, with the start time of 6:00 p.m. on the following dates:

October 26, 2023 Amended Budget
January 25, 2024
April 25, 2024 Proposed Budget
June 27, 2024 Final Budget
September 26, 2024

A MOTION was made by Supervisor Perez, seconded by Supervisor Van Tassel and unanimously passed adopting Resolution No. 2023-03, as presented.

OLD BUSINESS
Update on Police Services

Mrs. Perez advised that the Police Services were provided as scheduled and on May 17, 2023, Officer Hernandez completed the District’s log. During the his 3 hour shift, he issued a total of 7 traffic citations.

Supervisor Tauben indicated, in his opinion, the police are being very fair and professional with regard to the violations and warnings. He added that he would like for the District to send an appreciation letter to the police department on behalf of the District.

A member of the public who happens to be a police officer suggested the District request free detail services to reduce the cost of said off duty police services.

District management was advised to notify HOA management that all “Stop” signs are required to be DOT approved and have the required sticker to ensure that the police can enforce traffic violations.

District management was also asked to advise HOA management of the high hedges obstructing visibility at the intersection of SW 125th Court and SW 125th Terrace.

Update on Stormwater Management System Cleaning Services

The stormwater management system cleaning service was completed by Raptor Vac and included the 3 structures (near SW 120th Street, which was added as a change order.)

ADMINISTRATIVE MATTERS
Financial Update

Mrs. Perez presented the financial statement and indicated that finances were stable and would cover anticipated expenditures. She also noted that available funds as of April 30, 2023, were $264,183.41.

A MOTION was made by Supervisor Perez, seconded by Supervisor Tauben and passed unanimously ratifying and approving the financials, as presented.

2022 Form 1 – Statement of Financial Interests

Mrs. Perez advised the Board that they should be receiving in the mail their individual 2022 Form 1- Statement of Financial Interests and to complete and send in, via either e-mail, mail or hand delivery, to the Supervisor of Elections’ office by the July 1, 2023, deadline.

ADDITIONAL BOARD MEMBER/STAFF COMMENTS

A discussion ensued and the Board requested the attendance of the District Manager at the upcoming meeting and that an update on the Road Repairs Project be provided.

ADJOURNMENT

There being no further business to come before the Board, a MOTION was made by Supervisor Van Tassel, seconded by Supervisor Perez adjourning the Regular Board Meeting at 6:51 p.m. The MOTION carried unanimously.

ATTESTED BY:

Secretary/Assistant Secretary	Chairman/Vice-Chair

RESOLUTION NO. 2023-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2022/2023 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Kendall Breeze Community Development District (“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 KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT, THAT:

Section 1.  The Amended Budget for Fiscal Year 2022/2023 attached hereto as Exhibit “A” is hereby approved and adopted.

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 EFFECTIVE this 26th day of October, 2023.

ATTEST:	KENDALL BREEZE
COMMUNITY DEVELOPMENT DISTRICT

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

Kendall Breeze Community Development District

Amended Final Budget For Fiscal Year 2022/2023
October 1, 2022 - September 30, 2023

CONTENTS

AMENDED FINAL OPERATING FUND BUDGET

AMENDED FINAL DEBT SERVICE FUND BUDGET

AMENDED FINAL BUDGET
KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND
FISCAL YEAR 2022/2023 OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	FISCAL YEAR 2022/2023 BUDGET 10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/29/23	
Administrative Assessments	37,203	38,188	38,188	
Maintenance Assessments	110,920	110,921	110,921	
Debt Assessments	431,824	431,826	431,826	
Other Revenues	0	31	31	
Interest Income	600	15,870	15,770	
				
Total Revenues	$	580,547	$	596,836	$	596,736	
				
ADMINISTRATIVE EXPENDITURES				
Supervisor Fees	6,000	2,515	2,515	
Payroll Taxes - Employer	480	199	199	
Management	32,676	32,676	32,676	
Secretarial	4,200	4,200	4,200	
Legal	8,000	8,100	7,101	
Assessment Roll	6,000	6,000	6,000	
Audit Fees	3,700	3,700	3,700	
Insurance	6,200	7,004	7,004	
Legal Advertisements	650	650	272	
Miscellaneous	950	800	389	
Postage	575	840	826	
Office Supplies	600	550	510	
Dues & Subscriptions	175	175	175	
Website Management	2,000	2,000	2,000	
TOTAL ADMINISTRATIVE EXPENDITURES	$	72,206	$	69,409	$	67,568	
				
MAINTENANCE EXPENDITURES				
Maintenance/Contingency	9,000	4,500	0	
Roadway Improvements/Reserve	90,000	90,000	0	
Drainage Improvements/Reserve	30,000	30,000	15,635	
Traffic Enforcement - Off-Duty Police	5,400	6,000	4,867	
Engineering/Inspections	6,500	4,200	3,151	
TOTAL MAINTENANCE EXPENDITURES	$	140,900	$	134,700	$	23,653	
				
TOTAL EXPENDITURES	$	213,106	$	204,109	$	91,221	
				
REVENUES LESS EXPENDITURES	$	367,441	$	392,727	$	505,515	
				
Bond Payments	(405,915)	(411,622)	(411,622)	
				
Balance	$	(38,474)	$	(18,895)	$	93,893	
				
County Appraiser & Tax Collector Fee	(11,598)	(5,589)	(5,589)	
Discounts For Early Payments	(23,198)	(21,550)	(21,550)	
				
Excess/ (Shortfall)	$	(73,270)	$	(46,034)	$	66,754	
				
Carryover From Prior Year	73,270	73,270	0	
				
Net Excess/ (Shortfall)	$	-	$	27,236	$	66,754	

FUND BALANCE AS OF 9/30/22	
FY 2022/2023 ACTIVITY	
RESERVE FUNDS BALANCE AS OF 9/30/23	
FUND BALANCE AS OF 9/30/23	

$643,780	
($46,034)	
$479,000	
$118,746	

Note: Carryover From Prior Year Of $73,270 was used to reduce Fiscal Year 2022/2023 Assessments. Unspent Roadways & Drainage Maintenance To Be Added To Reserve.

AMENDED FINAL BUDGET
KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND
FISCAL YEAR 2022/2023 OCTOBER 1, 2022 - SEPTEMBER 30, 2023

REVENUES	FISCAL YEAR 2022/2023 BUDGET
10/1/22 - 9/30/23	AMENDED FINAL BUDGET
10/1/22 - 9/30/23	YEAR TO DATE ACTUAL
10/1/22 - 9/29/23	
Interest Income	1,000	0	0	
NAV Tax Collection	405,915	411,622	411,622	
Total Revenues	$	406,915	$	411,622	$	411,622	
				
EXPENDITURES				
Principal Payments	250,769	239,970	239,970	
Interest Payments	156,146	161,591	161,591	
Total Expenditures	$	406,915	$	401,561	$	401,561	
				
EXCESS/ (SHORTFALL)	$	-	$	10,061	$	10,061	

FUND BALANCE AS OF 9/30/22	

FY 2022/2023 ACTIVITY	

FUND BALANCE AS OF 9/30/23	

$826,143	

$10,061	

$836,204	

Note*: Reserve Fund Balance = $429,712. Revenue Fund Balance = $404,492.
Revenue Fund Balance To Be Used To Make 11/1/2023 Principal & Interest Payment Of $329,484 (Principal: $250,769 + Interest: $78,715 = $329,484).
* Approximate Amounts

Series 2007 Refunding Bonds Information
Original Par Amount =	$6,161,095	Annual Principal Payments Due:	
Interest Rate =	4.50%	November 1st	
Issue Date =	March 2007	Annual Principal Payments Due:	
Maturity Date =
Par Amount As Of 9/30/23 =	November 2033
$3,469,930	May 1st & November 1st	

MIAMI-DADE POLICE DEPARTMENT
Fiscal Administration Bureau Off-Duty Police Services
9105 N.W. 25 Street, Room 3049
Doral, Florida 33172

July 5, 2023

RATE CHANGES FOR OFF-DUTY POLICE SERVICES

To: Off-Duty Police Service Customer

Due to contribution rate changes to the required Florida Retirement System, the Miami-Dade Police Department Off-Duty Police Service hourly rates have changed to the new rates listed below:

Classification	
Regular Off-Duty Rates	
*DROP
Off-Duty Rates	
Holiday Off-Duty
Rates	

Holiday *DROP Off-Duty Rates	
Officer	$72.75	$67.00	$109.00	$100.25	
Reserve Officer	$52.50	N/A	$78.75	N/A	
Sergeant	$75.50	$69.50	$112.00	$103.00	
Lieutenant	$78.50	$72.25	$114.75	$105.75	
Captain	$81.50	$75.00	$117.75	$108.25	
*DROP (Deferred Retirement Option Program)

These new rates will become effective on Monday, July 10, 2023. Acceptance of Off-Duty Police services performed by our law enforcement personnel on or beyond that date will represent acceptance of these new rates.

If you have any questions regarding these rate changes, you may contact Mr. Willy Solis at (305) 471- 3241 or Mr. Armando Lozano at (305) 471-1767. Also, you may send your inquiries via e-mail to fnodp2@miamidade.gov.

Sincerely,

Nicholas Santos, Fiscal Resources Manager Fiscal Administration Bureau

Kendall Breeze Community Development District

Financial Report For September 2023

Kendall Breeze Community Development District
Budget vs. Actual
October 2022 through September 2023

Oct 22 - Sept 23	22/23 Budget	$ Over Budget	% of Budget
 			
Income

363.100 ꞏ Admin Assessment Income	38,187.59		37,203.00		984.59		102.65%	
363.101 ꞏ Maint Assessment Income	110,921.20		110,920.00		1.20		100.0%	
363.810 ꞏ Debt Assessments	431,826.20		431,824.00		2.20		100.0%	
363.820 ꞏ Debt Assessments-Pd To Trustee	-411,622.35		-405,915.00		-5,707.35		101.41%	
363.830 ꞏ Assessment Fees	-5,589.14		-11,598.00		6,008.86		48.19%	
363.831 ꞏ Assessment Discounts	-21,550.45		-23,198.00		1,647.55		92.9%	
369.399 ꞏ Carryover From Prior Year	0.00		73,270.00		-73,270.00		0.0%	
369.400 ꞏ Other Revenues	31.30		0.00		31.30		100.0%	
369.401 ꞏ Interest Income	15,769.96		600.00		15,169.96		2,628.33%	
Total Income	157,974.31		213,106.00		-55,131.69		74.13%	
Gross Profit	157,974.31		213,106.00		-55,131.69		74.13%	
Expense								
511.308 ꞏ Traffic Enforcement	4,867.50		5,400.00		-532.50		90.14%	
511. ꞏ Professional Fees								
511.310 ꞏ Engineering	3,150.50		6,500.00		-3,349.50		48.47%	
511.315 ꞏ Legal Fees	7,101.00		8,000.00		-899.00		88.76%	
511.320 ꞏ Audit Fees	3,700.00		3,700.00		0.00		100.0%	
Total 511. ꞏ Professional Fees	13,951.50		18,200.00		-4,248.50		76.66%	
511.122 ꞏ Payroll tax expense	198.90		480.00		-281.10		41.44%	
511.131 ꞏ Supervisor Fees	2,515.30		6,000.00		-3,484.70		41.92%	
511.305 ꞏ Maintenance/Contingency	0.00		9,000.00		-9,000.00		0.0%	
511.306 ꞏ Roadway Imp/Reserve	0.00		90,000.00		-90,000.00		0.0%	
511.307 ꞏ Drainage Improvements/Reserve	15,635.00		30,000.00		-14,365.00		52.12%	
511.311 ꞏ Management Fees	32,676.00		32,676.00		0.00		100.0%	
511.312 ꞏ Secretarial Fees	4,200.00		4,200.00		0.00		100.0%	
511.318 ꞏ Assessment/Tax Roll	6,000.00		6,000.00		0.00		100.0%	
511.450 ꞏ Insurance	7,004.00		6,200.00		804.00		112.97%	
511.480 ꞏ Legal Advertisements	271.88		650.00		-378.12		41.83%	
511.512 ꞏ Miscellaneous	388.83		950.00		-561.17		40.93%	
511.513 ꞏ Postage and Delivery	826.40		575.00		251.40		143.72%	
511.514 ꞏ Office Supplies	510.00		600.00		-90.00		85.0%	
511.540 ꞏ Dues, License & Subscriptions	175.00		175.00		0.00		100.0%	
511.750 ꞏ Website Management	1,999.92		2,000.00		-0.08		100.0%	
Total Expense	91,220.23		213,106.00		-121,885.77		42.81%	
Net Income	66,754.08		0.00		66,754.08		100.0%	

KENDALL BREEZE COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT
SEPTEMBER 2023

REVENUES	
Annual Budget
10/1/22 - 9/30/23	

Actual Sep-23	Year To Date Actual
10/1/22 - 9/30/23	
Administrative Assessments	37,203	0	38,188	
Maintenance Assessments	110,920	0	110,921	
Debt Assessments	431,824	0	431,826	
Other Revenues	0	31	31	
Interest Income	600	0	15,770	
				
Total Revenues	$	580,547	$	31	$	596,736	
				
EXPENDITURES				
Maintenance Expenditures				
Maintenance/Contingency	9,000	0	0	
Roadway Improvements/Reserve	90,000	0	0	
Drainage Improvements/Reserve	30,000	0	15,635	
Traffic Enforcement - Off-Duty Police	5,400	2,195	4,867	
Engineering/Inspections	6,500	0	3,151	
				
Total Maintenance Expenditures	$	140,900	$	2,195	$	23,653	
				
Administrative Expenditures				
Supervisor Fees	6,000	0	2,515	
Payroll Taxes (Employer)	480	0	199	
Management	32,676	2,723	32,676	
Secretarial	4,200	350	4,200	
Legal	8,000	0	7,101	
Assessment Roll	6,000	6,000	6,000	
Audit Fees	3,700	0	3,700	
Insurance	6,200	0	7,004	
Legal Advertisements	650	0	272	
Miscellaneous	950	0	389	
Postage	575	22	826	
Office Supplies	600	1	510	
Dues & Subscriptions	175	0	175	
Website Management	2,000	167	2,000	
				
Total Administrative Expenditures	$	72,206	$	9,263	$	67,568	
				
Total Expenditures	$	213,106	$	11,458	$	91,220	
				
Revenues Less Expenditures	$	367,441	$	(11,426)	$	505,516	
				
Bond Payments	(405,915)	0	(411,622)	
				
Balance	$	(38,474)	$	(11,426)	$	93,894	
				
County Appraiser & Tax Collector Fee	(11,598)	0	(5,589)	
Discounts For Early Payments	(23,198)	0	(21,550)	
				
Excess/ (Shortfall)	$	(73,270)	$	(11,426)	$	66,754	
				
Carryover from Prior Year	73,270	0	0	
				
Net Excess/ (Shortfall)	$	-	$	(11,426)	$	66,754	

Bank Balance As Of 9/30/23	$	722,466.19	
Accounts Payable As Of 9/30/23	$	11,931.88	
Accounts Receivable As Of 9/30/23	$	-	
Reserve For Roadway Improvements As Of 9/30/23	$	379,000.00	
Reserve For Drainage Improvements As Of 9/30/23	$	100,000.00	
Available Funds As Of 9/30/23	$	231,534.31	

Kendall Breeze Community Development District Check Register
May 2023 ‐ September 2023

Check #	Date	Vendor	Amount	
5‐1	5/2/2023	Alvarez Engineering, Inc.	1,964.00	
5‐2	5/2/2023	Special District Services, Inc.	3,459.34	
6‐1	6/6/2023	ALM Media, LLC	170.30	
6‐2	6/6/2023	Billing, Cochran, Lyles, Mauro, & Ramsey	1,481.00	
6‐3	6/6/2023	Grau & Associates	3,700.00	
6‐4	6/6/2023	Special District Services, Inc.	6,769.01	
7‐1	7/6/2023	Billing, Cochran, Lyles, Mauro, & Ramsey	1,057.50	
7‐2	7/6/2023	Kendall Breeze CDD (Assessment Account)	14,047.00	
7‐3	7/6/2023	Raptor Vac‐Systems, Inc.	7,600.00	
7‐4	7/6/2023	Special District Services, Inc.	3,382.26	
8‐1	8/2/2023	Alvarez Engineering, Inc.	1,060.00	
8‐2	8/2/2023	Billing, Cochran, Lyles, Mauro, & Ramsey	400.00	
8‐3	8/2/2023	Kendall Breeze CDD (Assessment Account)	7,491.45	
8‐4	8/2/2023	Special District Services, Inc.	3,264.96	
9‐1	9/6/2023	Billing, Cochran, Lyles, Mauro, & Ramsey	400.00	
9‐2	9/6/2023	Special District Services, Inc.	3,262.51	
TOTAL			59,509.33	

KENDALL BREEZE CDD TAX COLLECTIONS 2022-2023

#	

ID#	

PAYMENT FROM	

DATE	

FOR	

Tax Collect Receipts	

Interest Received	

Commissions Paid	

Discount	

Net From Tax Collector	Admin Assessment Income (Before Discounts & Fees)	Maint Assessment Income (Before Discounts & Fees)	Debt Assessment Income (Before Discounts & Fees)	Admin Assessment Income (After Discounts & Fees)	Maint Assessment Income (After Discounts & Fees)	Debt Assessment Income (After Discounts & Fees)	

Debt Assessment Paid to Trustee	
									$	579,947	$	37,203	$	110,920	$	431,824	$	37,203	$	110,920	$	431,824		
									$	545,151	$	34,971	$	104,265	$	405,915	$	34,971	$	104,265	$	405,915	$	405,915	
1	1	Miami-Dade Tax Collector	11/23/22	NAV Taxes	$	44,289.71		$	(424.92)	$  (1,797.82)	$	42,066.97	$	2,838.91	$	8,472.65	$	32,978.15	$	2,696.37	$	8,047.45	$	31,323.15	$	31,323.15	
2	2	Miami-Dade Tax Collector	11/25/22	NAV Taxes	$	36,107.82		$	(346.65)	$  (1,444.30)	$	34,316.87	$	2,314.47	$	6,907.45	$	26,885.90	$	2,199.62	$	6,564.85	$	25,552.40	$	25,552.40	
3	3	Miami-Dade Tax Collector	12/07/22	NAV Taxes	$  405,401.15		$  (3,891.83)	$ (16,216.18)	$  385,293.14	$  25,986.20	$	77,553.25	$  301,861.70	$  24,697.24	$  73,706.60	$  286,889.30	$  286,889.30	
4	4	Miami-Dade Tax Collector	12/22/22	NAV Taxes	$	15,436.55		$	(148.81)	$	(556.56)	$	14,731.18	$	989.40	$	2,953.05	$	11,494.10	$	944.13	$	2,818.10	$	10,968.95	$	10,968.95	
5	5	Miami-Dade Tax Collector	01/11/23	NAV Taxes	$	36,332.07		$	(350.45)	$  (1,286.44)	$	34,695.18	$	2,328.82	$	6,950.35	$	27,052.90	$	2,223.88	$	6,637.20	$	25,834.10	$	25,834.10	
6	6	Miami-Dade Tax Collector	02/09/23	NAV Taxes	$	9,079.60		$	(88.84)	$	(195.14)	$	8,795.62	$	581.95	$	1,736.95	$	6,760.70	$	563.77	$	1,682.60	$	6,549.25	$	6,549.25	
7	Int -1	Miami-Dade Tax Collector	02/23/23	Interest		$  325.32			$	325.32	$	325.32			$	325.32			$	-	
8	7	Miami-Dade Tax Collector	03/08/23	NAV Taxes	$	4,065.18		$	(40.25)	$	(40.66)	$	3,984.27	$	260.53	$	777.70	$	3,026.95	$	255.27	$	762.25	$	2,966.75	$	2,966.75	
9	8	Miami-Dade Tax Collector	04/07/23	NAV Taxes	$	12,843.32		$	(128.29)	$	(13.35)	$	12,701.68	$	823.22	$	2,456.95	$	9,563.15	$	814.08	$	2,429.85	$	9,457.75	$	9,457.75	
10	9	Miami-Dade Tax Collector	05/10/23	NAV Taxes/Interest	$	6,225.63	$  144.22	$	(63.70)		$	6,306.15	$	543.25	$	1,191.00	$	4,635.60	$	537.80	$	1,179.10	$	4,589.25	$	4,589.25	
11	Int - 2	Miami-Dade Tax Collector	05/17/23	Interest		$	82.15			$	82.15	$	82.15			$	82.15			$	-	
12	10	Miami-Dade Tax Collector	06/07/23	NAV Taxes/Interest	$	6,048.76	$  175.40	$	(62.25)		$	6,161.91	$	563.06	$	1,157.15	$	4,503.95	$	557.36	$	1,145.60	$	4,458.95	$	4,458.95	
13	11	Miami-Dade Tax Collector	06/23/23	NAV Taxes/Interest (TC)	$	4,129.11	$  185.81	$	(43.15)		$	4,271.77	$	487.12	$	764.70	$	3,063.10	$	482.17	$	757.10	$	3,032.50	$	3,032.50	
14	Int - 3	Miami-Dade Tax Collector	08/09/23	Interest		$	63.19			$	63.19	$	63.19			$	63.19			$	-	
15									$	-							$	-	
16									$	-							$	-	
					$ 579,958.90	$  976.09	$ (5,589.14)	$ (21,550.45)	$ 553,795.40	$ 38,187.59	$ 110,921.20	$ 431,826.20	$ 36,442.35	$ 105,730.70	$ 411,622.35	$ 411,622.35	

Note: $579,947, $37,203, $110,920 and $431,824 are 2022/2023 Budgeted
Total KB Roll = 579,958.90	assessments before discounts and fees.
Note: $545,151, $34,971, $104,265 and $405,915 are 2022/2023 Budgeted assessments after discounts and fees.

$  579,958.90		
$	976.09	$  553,795.40	
$	(38,187.59)	$  (36,442.35)	
$  (110,921.20)	$  (105,730.70)	
$  (431,826.20)	$  (411,622.35)	
$	-	$	-	

MEMORANDUM

TO:	District Manager

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

DATE:	July 20, 2023

RE:	2023 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 2023 – 134, Laws of Florida (SB 346). The legislation requires contracts for construction services between a local government entity and a contractor to include a “punch list”1 of items required to render complete, satisfactory, and acceptable the construction services contracted for, which punch list outlines the estimated cost of each item necessary to complete the work. The law requires local governments to pay all portions of the contract balance, except for 150 percent of the portion of the contract balance attributed to those projects on the punch list, within 20 days after the punch list is created, subject to certain exceptions. The legislation limits a local government’s ability to withhold payment of certain amounts under the contract to only those subject to a written good faith dispute or claims against public surety bonds. The law clarifies that a local government must pay the undisputed portions of a contract within 20 days of the request for payment. Lastly, the legislation amends the definition of “public works project” in section 255.0992, F.S., to include any construction, maintenance, repair, renovation, remodeling, or improvement activity that is paid for with state-appropriated funds. The effective date of this act is July 1, 2023.

Chapter 2023 – 17, Laws of Florida (SB 102). The legislation makes various changes and additions to affordable housing related programs and policies at both the state and local level. With regard to local governments, the law:

Preempts local government requirements regarding zoning, density, and height to allow for streamlined development of affordable housing in commercial and mixed- use zoned areas under certain circumstances. Developments that meet the requirements may not require a zoning change or comprehensive plan amendment.

1 The punch list is created within a contractually-specified timeframe after the contractor reaches substantial completion of the construction services as defined in the contract, or if that is not defined, then after the project reaches beneficial occupancy or use. If the contract is valued at less than $10 million, then the punch list must be developed within 30 calendar days; if the contract is valued at $10 million or more, then the punch list must be developed within 45 calendar days.

Removes a local government’s ability to approve affordable housing on residential parcels by bypassing state and local laws that may otherwise preclude such development, while retaining such right for commercial and industrial parcels.
Removes a provision that allows local governments to impose rent control under certain circumstances, preempting rent control ordinances entirely.
Requires counties and cities to update and electronically publish the inventory of publicly owned properties, for counties including property owned by a dependent special district, which may be appropriate for affordable housing development.
Authorizes the Florida Housing Finance Corporation, through contract with the Florida Housing Coalition, to provide technical assistance to local governments to facilitate the use or lease of county or municipal property for affordable housing purposes.
Requires local governments to maintain a public written policy outlining procedures for expediting building permits and development orders for affordable housing projects.
Provides that the Keys Workforce Housing Initiative is an exception to evacuation time requirements and that comprehensive plan and land use amendments approved under that initiative are valid.

The effective date of this act is July 1, 2023.

Chapter 2023 – 31, Laws of Florida (SB 1604). The law makes a number of changes relating to comprehensive plans and land development regulations. Of interest to special districts, section 4 of the legislation amends section 189.031, F.S., to preclude independent special districts from complying with the terms of any development agreement, which is executed within three months preceding the effective date of a law, which modifies the manner of selecting members of the governing body of the special district from election to appointment or appointment to election. The newly elected or appointed governing body of the special district must review within four months of taking office any such development agreement and vote on whether to seek readoption of the agreement. The law applies to any development agreement that is in effect on, or is executed after July 1, 2023, which is the effective date of this law. Section 4 of the Act expires July 1, 2028, unless reviewed and reenacted by the Legislature.

Chapter 2023 – 28, Laws of Florida (HB 3). This legislation codifies and extends the policy adopted by the Trustees2 requiring all investment decisions relating to the state retirement system be based solely on pecuniary factors3. The law extended that policy to all funds managed by the State Board of Administration (SBA), all funds of the state Treasury, all local government retirement plans, investments of local government surplus funds, and investments of funds raised by citizen support and direct-support organizations. Investment managers who invest public funds on behalf of any of these entities may not sacrifice investment return or take additional investment risk to promote any non-pecuniary factor. The law requires any contract between a governmental

2 The Governor, Chief Financial Officer, and Attorney General serve as the SBA’s Board of Trustees.
3 The term “pecuniary factor” is defined as a factor that is expected “to have a material effect on the risk or return of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests.”

entity4 and an investment manager executed, amended, or renewed on or after July 1, 2023, to contain a provision requiring the investment manager to include a disclaimer in an external communication, if the communication is to a company in which the investment manager has invested public funds and discusses social, political, or ideological interests. The required disclaimer must state: “The views and opinions expressed in this communication are those of the sender and do not reflect the views and opinions of the people of the state of Florida.” All contracts with investment managers executed, amended, or renewed on or after July 1, 2023, may be unilaterally terminated if certain communications of an investment manager include discussion of social, political, or ideological interests and omit the required disclaimer.

In addition, the legislation prohibits bond issuers5 from issuing an environmental, social, and corporate governance (ESG) bond or paying for a third-party verifier that certifies or verifies that a bond may be designated or labeled as an ESG bond6, renders opinions or produces a report on ESG compliance, among other ESG-related services. Issuers are also prohibited from contracting with a rating agency whose ESG scores for the issuer will have a direct, negative impact on the issuer’s bond ratings.

The act further prohibits consideration of social, political, or ideological beliefs in state and local government contracting, and explicitly notes that this includes all political subdivisions of the state. Specifically, the law prohibits an awarding body from (1) requesting documentation or considering a vendor’s social, political, or ideological beliefs when determining if the vendor is a responsible vendor; or (2) giving a preference to a vendor based on the vendor’s social, political, or ideological beliefs.

Lastly, the legislation amends the definition of a “qualified public depository” to prohibit government entities from depositing funds in banks that make it a practice to deny or cancel services of their customers based on a person’s political opinions, speech, affiliations, lawful ownership or sales of firearms, production of fossil fuels or other factors related to ESG. Pursuant to current law, all public deposits may only be deposited in a qualified public depository. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 32, Laws of Florida (SB 258). The legislation bans the use of prohibited applications7 on devices issued to an employee or officer by a public employer, or otherwise used on a network that is owned, operated, or maintained by a public employer. This law requires the Department of Management Services (DMS) to create and maintain a list of prohibited applications of any Internet application that it deems to present a security risk in the form of

4 The law defines “governmental entity” to mean a state, regional, county, municipal, special district, or other political subdivision whether executive, judicial, or legislative, including, but not limited to, a department, division, board, bureau, commission, authority, district, or agency thereof, or a public school, Florida College System institution, state university, or associated board.
5 Any public body corporate and politic authorized or created by general or special law and granted the power to issue bonds.
6 An ESG bond is any bond that has been designated or labeled as a bond that will be used to finance a project with an ESG purpose, including, but not limited to, green bonds, Certified Climate Bonds, GreenStar designated bonds, and other environmental bonds marketed as promoting a generalized or global environmental objective; social bonds marketed as promoting a social objective; and sustainability bonds and sustainable development goal bonds marketed as promoting both environmental and social objectives. It includes bonds self- designated by the issuer as ESG-labeled bonds and those designated as ESG-labeled bonds by a third-party verifier.
7 A “prohibited application” is defined as any application that participates in certain activities, such as conducting cyber-espionage against a public employer, and that is created, maintained, or owned by a foreign principal.

unauthorized access to, or temporary unavailability of the public employer’s records, digital assets, systems, networks, servers, or information. Public employers must block access to any prohibited application via their wireless networks and virtual private networks; restrict access to any prohibited application on any government cell phone, laptop, desktop computer, tablet computer, or other electronic device that can connect to the Internet that has been issued to an employee or officer for a work-related purpose; and retain the ability to remotely wipe and uninstall any prohibited application from any such device that is believed to have been adversely impacted by a prohibited application. The legislation requires an employee or officer of a CDD to remove any prohibited application from his or her government-issued device within 15 days of the DMS’ publication of its list of prohibited applications, and within 15 days of any subsequent update to the list of prohibited applications. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 33, Laws of Florida (SB 264). The legislation restricts the issuance of government contracts or economic development incentives to foreign entities that are owned by, controlled by or organized under the laws of a foreign country of concern8. The law further prohibits a foreign principal9 from owning or acquiring agricultural land or other interests in real property on or within 10 miles of a military installation or critical infrastructure facility. A foreign principal that owns agricultural land acquired before July 1, 2023, may continue to hold such land and must register with the Florida Department of Agriculture and Consumer Services (DACS) by January 1, 2024. If the property owned or acquired before July 1, 2023, is on or within 10 miles of a military installation or critical infrastructure facility, the foreign principal must similarly register with the Department of Economic Opportunity by December 31, 2023. The law prohibits the People’s Republic of China, the Chinese Communist Party, its officials and members, other political party official or members, other legal entities or subsidiaries organized under the laws of, or having a principal place of business in, China or its political subdivisions, or other persons domiciled in China, who are not U.S. citizens or lawful permanent residents of the United States, from purchasing or acquiring an interest in, real property in Florida. Finally, the act amends s. 836.05, F.S., relating to criminal threats and extortion, to provide that a person who violates the statute while acting as a foreign agent for the purpose of benefitting a foreign country of concern, commits a first degree felony. The effective date of this legislation is July 1, 2023.

Chapter 2023 – 264, Laws of Florida (SB 7008). The legislation amends Section 119.071(3)(c)1., F.S., to save from repeal, the public records exemption for information relating to the following information held by an agency:

Building plans;
Blueprints;
Schematic drawings; and

8 The People’s Republic of China, The Russian Federation, The Islamic Republic of Iran, The Democratic People’s Republic of Korea, The Republic of Cuba, The Venezuelan Regime of Nicolas Maduro, or The Syrian Arab Republic, including any agency of or other entity within significant control of such foreign country of concern.
9 “Foreign principal” means: The government or any official of the government of a foreign country of concern; A political party or member of a political party or any subdivision of a political party in a foreign country of concern; A partnership, association, corporation, organization, or other combination of persons organized under the laws of, or having its principal place of business in, a foreign country of concern, or a subsidiary of such entity; or o Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States.

Diagrams, including draft, preliminary, and final formats, which depict the internal layout or structural elements of an attractions and recreation facility, entertainment or resort complex, industrial complex, retail and service development, office development, health care facility, or hotel or motel development.

The effective date of this act is October 1, 2023.

Chapter 2023 – 75, Laws of Florida (HB 7007). The legislation removes the scheduled repeal date of the public record and public meeting exemptions for security or fire safety system plans under Sections 119.071(3)(a) and 286.0113(1), F.S., thereby maintaining the public record and public meeting exemptions for such plans. The effective date of this act is October 1, 2023.

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/.

TO: FROM:

MEMORANDUM
District Manager

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

DATE: RE:

·1une 6, 2023

- R qui ed Ethics Training

On May 24, 2073,theGciv rrior signed CS/RB 199into law as Chapter2_Q23-121; Laws of Florida. Section 112":}142, Florida Statutes,tequires that specified constitutionalofficeis, elected municipal officers, and commissioners complete four (4) hours of ethics training annually. Thi·s_
requirement is noted on page l of the Form1, Statement of Financial Interests. This legislatio_ni
provides that beginning Janmfry 1, 2024, elected and appointe<;l commissioners of community redevelopment agenci s and iocal officers of independent special districts are now requiryd to _._
complete four (4) hours' of ethics training arwuallf :The training must address, at ·a minimum s: 8_,
Art: II of the Florida Constitution (ethics for public officers and fina,ncial disclosure), the Code of  _
Ethics for Public Officers and Employees, and the Florida Public Records Law and.Open Meetings laws. The legislatiollspecifica)ly_piovide$ that· this training requirement m:ay be satisfied by completing a continuing legal-edueoationclass or other continuing professional education class or seminar if the required subject matter is covered therein.

0

For current supervis rs and offi.Cers, it is r comniended that this training requirement be completed by July 1, 2024; so that the sup rvisor or officer can verify compliance with the required training on his or her. Form 1, Statiriierit of Financial Interests (2023). Elected localofficersnf independent special districts thatassume office ·011 oi; before March 31st must complete annual ethics training by December 31st of the year the tertn begins; however, if theterm starts after March 31st, the officer is nofrequired to cotnplete the required ethics traininguntil DecetnberJ 1st ofth_e following year. The Legislature intends for.those elected officers to receive the required training <
as close as possible "to the datetliat he ()f she assumes office. The ch<Ui ,below can be used. as a - reference:

Date elected or a 01nted	Annual Training Completed .:sy	
Current Officer/Superviso-r	December 31, 2024
(recommend completion by July 1, 2024)	
January 1-Jvia'tch3l, 2024	December 31, 2024°	
April 1 - December 3t, 2024	December 31, 2025	

The legislation also amends Section ll2.313(a), Florida Statutes, clarifying the conflicts exception for public officers or employees of water control districts (Chapter 298, Florida Statutes)

1

Page 23

or a special tax districts created by general (i.e. community development districts) or special law and which is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the district has jurisdiction. Employment with or entering into a contractual relationship with a business entity is not prohibited and is not deemed a conflict per se; however, conduct by such officer or employee that is prohibited by or otherwise fiustrates the intent of Section 112.313(7), Florida Statutes, including conduct that violates subsections (6) (misuse of public position) and (8) (disclosure of information not otherwise available to the public for personal benefit) thereof is deemed an impermissible conflict of interest.

For convenience, we have included a copy 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. You can expect our traditional legislative memorandum in the coming weeks, where we will summarize other legislation from the 2023 Legislative Session relevant to special districts.

2

I
CHAPTER 2023-121

Committee Substitute for House Bill No. 199

An act relating to ethics requirements for officers and employees of special tax districts; amending s. 112.313, F.S.; specifying that certain conduct by certain public officers and employees is deemed a conflict of interest; making technical changes; amending s, 112,3142, F.S.; requiring certain ethics training for elected local officers of independent special districts beginning on a specified date; specifying requirements for such training; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:
Section 1.	Subsection (7) of section 112.313, Florida Statutes, is amended to read:
112,313	Standards of conduct for public officers, employees of agencies, and local government attorneys,-
CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATION-• SHIP,-
No public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee, excluding those organizations and their officers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with the state or any municipality, county, or other political subdivision of the state; nor shall an officer or employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently recurring conflict between his or her private interests and the performance of his or her public duties or that would impede the full and faithful discharge of his or her public duties.
When the agency referred to is that certain kind of special tax district created by general or special law and is limited specifically to constructing, maintaining, managing, and financing improvements in the land area over which the agency has jurisdiction, or when the agency has been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such business entity by a public officer or employee of such agency is shall not be prohibited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee that is prohibited by, or otherwise frustrates the intent of, this section, including conduct that violates subsections (6) and (8), is sh-a-ll-he deemed a conflict of interest in violation of the standards of conduct set forth by this section,
1
CODING: Words stricken are deletions; words underlined are additions,

Ch. 2023-121	LAWS OF FLORIDA	Ch. 2023-121

When the agency referred to is a legislative body and the regulatory power over the business entity resides in another agency, or when the regulatory power wnich the legislative body exercises over the business entity or agency is strictly through the enactment oflaws or ordinances, then employment or a contractual relationship with such business entity by a public officer or employee of a legislative body shall not be prohibited by this subsection or be deemed a conflict.
This subsection shall not prohibit a public officer or employee from practicing in a particular profession or occupation when such practice by persons holding such public office or employment is required or permitted by law or ordinance.
Section 2. Paragraphs (d) and (e) of subsection (2) of section 112.3142, Florida Statutes, are redesignated as paragraphs (e) and (f\ respectively, present paragraph (e) of that subsection is amended, and a new paragraph
(d) is added to that subsection, to read:
112.3142 Ethics training for specified constitutional officers, elected municipal officers, and commissioners of community redevelopment agen­ cies, and elected local officers of independent special districts.-
(2)
(d) Beginning January 1, 2024, each elected local officer of an indepen­ dent special district, as defined in s. 189.012, and each person who is f!.ppointed to fill a vacancy for an unexpired term of such elective office must complete 4 hours of ethics training each calendar year which addresses, at a minimum, s. 8. Art. II of the State Constitution, the Code of Ethics for Public Officers and Employees, and the public records and public meetings laws of this state. This requirement may be satisfied by completion of a continuing legal education class or other continuing professional education class, seminar, or presentation, if the required subject matter is covered by such class, seminar, or presentation.
illW The Legislature intends that a constitutional officer,. 0-P elected municipal officer, or elected local officer of an independent special district who is required to complete ethics training pursuant to this section receive the required training as close as possible to the dl;lte that he or she assumes office. A constitutional officer,. 0-P elected municipal officer, or elected local officer of an independent special district assuming a new office or new term of office on or before March 31 must complete the annual training on or before December 31 of the year in which the term of office began. A constitutional officer,. er elected municipal officer, or elected local officer of an independent special district assuming a new office or new term of office after March 31 is not required to complete ethics training for the calendar year in which the term of office began.
Section 3.	This act shall take effect July 1, 2023.
2
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Ch.  2023-121 .	LAWS OF FLORIDA	Ch.  2023-121

Approved by the Governor May 24, 2023.
Filed in Office Secretary of State May 24, 2023.

3
CODING: Words stF±eken are deletions; words underlined are additions.