CUTLER CAY COMMUNITY DEVELOPMENT
DISTRICT

MIAMI-DADE COUNTY REGULAR BOARD MEETING NOVEMBER 18, 2024
4:00 P.M.

Special District Services, Inc. 8785 SW 165th Avenue, Suite 200
Miami, FL 33193
www.cutlercaycdd.org 786.347.2711 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

Call to Order

AGENDA
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT
Cutler Cay Community Clubhouse 7755 SW 192nd Street Cutler Bay, FL 33157
REGULAR BOARD MEETING
November 18, 2024
4:00 p.m.

Proof of Publication	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Announce the Results of the General Elections for Cutler Cay CDD
Approval of Minutes
June 10, 2024 Regular Board Meeting & PH Minutes	Page 2
New Business
Consider Resolution No. 2024-08 – Adopting a 2023-2024 Revised Final Budget…	Page 8
Consider Resolution No. 2024-09 – Adopting Goals and Objectives…	Page 14
Ratify and Approve The Pressure Cleaning Man Est. 2384…	Page 18
Ratify and Approve Archidesign Invoice for Iron Door Repairs…	Page 23
Ratify and Approve Worldwide Dist. Est. 10595, Guardhouse Decorative Molding Repair…	Page 25
Ratify and Approve Raptor Vac, Invoice 85, for Cleaning of Stormwater Management System
Structure	Page 27
Ratify and Approve Felix Clean Services Proposal for Southern Water Feature Leak Repairs…	Page 28
Consider Approval of Proposal for the Lake Signage and Pole Replacement…	Page 29
Update Regarding Improper Placement of Fill on the District Owned Lake Bank located
behind 19049 SW 80 Court	Page 45
Discussion Regarding Methods of Delineation of Lanes at the Main Entrance Guardhouse Area
Old Business
Engineering Update Regarding the Phase II Storm Drainage Project
Consider Approval of CO #5 Repairs to Address Stagnant Water at 7616 SW 193 Lane	Page 50
Consider Approval of CO #6 Pavement and Speed Hump Restoration Work	Page 52
Consider Approval of CO #7 Striping of the Entrances/Exits	Page 53
Engineering Update Regarding the Landshore Priority One Phase One Project
Administrative Matters
Financial Update	Page 54
Accept and Receive 2024 Engineers Report…	Page 59
Accept and Receive the Permitting & Lake Shoreline Restoration Priority I Phase I in the Cutler Cay Community Development District Completion Certification	Page 67

District Counsel Update on the 2024 Legislative Session…	Page 76
District Counsel Supplement to the Legislative Session…	Page 80
Required Ethics Training Reminder
Board Member and/or Staff Comments/Requests
Adjourn

AFFIDAVIT OF PUBLICATION

Account #	Order Number	Identification	Order PO	Amount	Cols	Depth	
142040	606063	Print Legal Ad-IPL02012860 - IPL0201286		$844.24	2	48 L	

Attention:

Laura J. Archer

PUBLISHED DAILY

Cutler Cay Community Development District c/o Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410 LArcher@sdsinc.org

MIAMI-DADE-FLORIDA
STATE OF FLORIDA COUNTY OF MIAMI-DADE
Before the undersigned authority personally appeared, Mary Castro, who on oath says that he/she is Custodian of Records of the The Miami Herald, a newspaper published in MIami Dade County, Florida, that the attached was published on the publicly accessible website of The Miami Herald or by print in the issues and dates listed below.

1 insertion(s) published on:
11/01/24

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

Sworn to and subscribed before me this 1st day of November in the year of 2024

Notary Public in and for the state of Texas, residing in Dallas County

Extra charge for lost or duplicate affidavits. Legal document please do not destroy!

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT PUBLIC HEARING & REGULAR BOARD MEETING JUNE 10, 2024

CALL TO ORDER

Mrs. Perez called to order the June 10, 2024, Regular Board Meeting of the Cutler Cay Community Development District (the “District”) at 4:02 p.m. in the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, Florida 33157.

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 23, 2023, as part of the District’s Fiscal Year 2023/2024 Meeting Schedule, as legally required.

ESTABLISH A QUORUM

It was determined that the attendance of the following Supervisors constituted a quorum and it was in order to proceed with the meeting: Chairman Christopher Musser, Vice Chairman Omar Fonte and Supervisors Leo Corradini, Donna Fishbein and Aileen Milian.
Staff in attendance included: District Manager Gloria Perez of Special District Services, Inc.; District Counsel Liza Smoker of Billing, Cochran, Lyles, Mauro & Ramsey, P.A.; and District Engineer Juan Alvarez of Alvarez Engineers, Inc.

Also present were several members of the public, members of the Association and Laura Gavilan, the Association Property Manager.

ADDITIONS AND/OR DELETIONS TO THE AGENDA

There were no additions or deletions to the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

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

APPROVAL OF MINUTES
April 8, 2024, Regular Board Meeting

A MOTION was made by Supervisor Milian, seconded by Supervisor Fonte and passed unanimously approving the minutes of the April 8, 2024, Regular Board Meeting, amended to reflect Mr. Corradini’s absence.

NEW BUSINESS
Consider Resolution No. 2024-06 – Adopting a Fiscal Year 2024/2025 Meeting Schedule
Resolution No. 2024-06 was presented, entitled:

RESOLUTION NO. 2024-06

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY 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.

Mrs. Perez read the title of the resolution into the record and noted that meetings would remain at the same location of the Cutler Cay Community Clubhouse located at 7755 SW 192nd Street, Cutler Bay, Florida 33157, at 4:00 p.m. on the following dates:

November 18, 2024* Amended Budget
January 13, 2025
March 10, 2025 Proposed Budget
April 14, 2025
May 12, 2025 Final Budget
June 9, 2025
August 11, 2025
September 8, 2025
* Alternate Meeting date from the typical 2nd Monday due to observance of Veterans’ Day

A MOTION was made by Supervisor Milian, seconded by Supervisor Fonte and unanimously passed adopting Resolution No. 2024-06, approving the Regular Meeting Schedule for Fiscal Year 2024/2025, as presented.

Consider Ratification of Engineering Recommended Repairs to District Storm Drainage Structure Located on the Driveway at 19468 SW 80th Court Being Added to the Phase II Project

Mr. Alavarez presented the proposed concrete modification to the storm drain located on the driveway at 19468 SW 80th Court being added to the Phase II Project and estimated that said cost would be in the range of $4,000.

A MOTION was made by Mr. Corradini, seconded by Mr. Fonte and passed unanimously ratifying the engineering recommended repairs to the District storm drainage structure located on the driveway at 19468 SW 80th Court and adding them to the Phase II Project, as presented.

Consider Association Request to Use Tract G for Children’s Sports Program

Mrs. Perez advised that the District received a request from the Association inquiring about the possibility of using a tract for a children’s sports program, which same inquiry was forwarded to the District Engineer and District Counsel for their opinions prior to the Board’s consideration.

Ms. Smoker advised, pursuant to her review of the Tract G inquiry, she had confirmed that the District was not granted the special powers of “Parks and facilities for indoor and outdoor recreational, cultural, and educational uses” pursuant to F.S. 190.012(2)(a) and therefore without the recreational powers, the recreational sports program proposed would not be proper.

No further action was taken on this matter.

Discussion Regarding Nicole Junco-Dib Residence Demand for Maintenance of Vegetation

Mrs. Perez noted that the District had received a Demand for Maintenance of Vegetation from Mr. Tome, Legal Counsel for Nicole Junco-Dib. She noted that it was not provided in the meeting materials but was forwarded to District Counsel and the Board Members in advance to this meeting for discussion purposes.

Ms. Smoker provided an update and asked the Board for direction or response regarding the matter. A discussion ensued.

Supervisor Milian made it clear to Mrs. Perez that her statement was to be included for the record, stating “take care of her own s@%t.”

A MOTION was made by Supervisor Milian, seconded by Supervisor Fonte and unanimously passed that no further response or action be taken regarding this matter.

Discussion Regarding Common Area Landscaping

Mrs. Perez advised, at the direction of the Chairman, the District acquired an analysis of the conditions of the landscaping of the common areas and the same was forwarded via e-mail to all the Board Members    in    advance    of    this    meeting    for    discussion    purposes.
Discussion Regarding Finalization of Maintenance Service Agreement between the District and the Association

Mrs. Perez advised that Chairman Musser had requested to have this item added to the agenda for discussion prior to finalization. Brightview representatives were in attendance at the request of Ms. Gavilan to address any questions the Board may have. Mr. Musser noted his concerns with the dead and diseased grass and dying vegetation. A lengthy discussion ensued amongst the Members of the Board and the public.

The Board was unanimous that it would be in the best interest of the community that the landscaping services remain with the Association since they are onsite and they are actively going out for bid for said services. Therefore, no changes were made to the previously approved maintenance agreement.

Mrs. Perez recessed the Regular Board Meeting and simultaneously called to order 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 Herald on May 21, 2024, and May 28, 2024, as legally required.

Receive Public Comment on the Fiscal Year 2024/2025 Final Budget
Acknowledgement of Written Homeowner Objection to Assessment Increase

Mrs. Perez provided Acknowledgement of Written Homeowner Opposition/Objection notices received to date via e-mail in response to the assessment increase. The main issue lies with regard to the lake bank improvement project line item. All were forwarded to the District via e-mail and the same were forwarded to the Board Members in advance of this meeting:

Michael and Nadia Stewart, Deanna Hedin, Steffi Kordy, Djamilia Junco, Salim Dib, Lorraine Keogh,
G. Aixa Melendez, Vanessa Teixeira, Giles Castle, Josette Perez, Albert Collazo, Michael and Ollie Goodger, Jorge Rangel, Doreen Purce, Amber & Richard Delisser, Luiz Camps, Elizabeth Arbelaez, Chiara Solloa.

Mrs. Perez added that it appeared that additional opposition e-mails were coming through during the course of the meeting.

Mrs. Perez then opened the public comment portion of the Public Hearing to receive comments on the fiscal year 2024/2025 final budget and non-ad valorem special assessments.

The members of the public were all provided the opportunity to voice their comments (some of the individuals provided multiples comments). The members of the public were unanimous in their request for the Board to remove the line item for the improvements to the lake bank, making it clear that they did note agree with said project and do not want any further improvements to be made to the lake bank. Some of the members of the public noted environmental concerns and expressed that the signage that is currently in place should suffice.

During this process, the Board addressed some of the questions from the public and the District Engineer as well as District Counsel provided information regarding the public inquiries.

Comments were also heard which were primarily not in favor of the landscaping and security line items. Mrs. Perez asked multiple times if there were any further comments. There were none.

A MOTION was made by Supervisor Corradini, seconded by Supervisor Milian and unanimously passed closing the public comment portion of the Public Hearing regarding the District’s Fiscal Year 2024/2025 Final Budget and Assessments.

There being no further public comment regarding this matter, Mrs. Perez closed the public comment portion of the Public Hearing.

Consider Resolution No. 2024-07 – Adopting Fiscal Year 2024/2025 Final Budget

Mrs. Perez presented Resolution No. 2024-07, entitled:

RESOLUTION NO. 2024-07
A RESOLUTION OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2024/2025 BUDGET.
Mrs. Perez read the title of the resolution into the record and stated that it provides for approving and adopting the fiscal year 2024/2025 final budget and the non-ad valorem special assessment tax roll (Assessment Levy).

A discussion ensued amongst the Board Members followed by direction to remove the following line items from the budget: Lake Bank Restoration Project: Priority 1– Phase 2, Security, and Landscaping.

A MOTION was made by Supervisor Milian, seconded by Supervisor Corradini and unanimously passed adopting Resolution No. 2024-07, approving the Fiscal Year 2024/2025 Final Budget, as amended and setting the fiscal year 2024/2025 final budget and non-ad valorem special assessment tax roll (Assessment Levy).

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

OLD BUSINESS
Engineering Update Regarding Feasibility of Moving the Storm Drain to the Grass Area at 19512 SW 79th Place

Mr. Alvarez provided an update regarding the feasibility of moving the storm drain to the grass area at 19512 SW 79th Place, noting that this would not be a feasible option.

Engineering Update Regarding Phase II Storm Drainage Project

Mr. Alvarez provided an update regarding the status of the Phase II Storm Drainage Project and also presented a proposal in the meeting materials, which is inclusive of work that was being added to the project and providing cost towards replacement of the delineators at the guardhouse entrance area.

The Board requested that the line item for the signs and marking, inclusive of the Lena traffic separators, be removed; thereby omitting the related cost of $19,865. The Board further requested that the ADA matts work start as soon as possible, as permits would not be required for said matts.

A MOTION was made by Supervisor Corradini, seconded by Supervisor Milian and unanimously passed approving the agreement amount for the Phase II Storm Drainage Project in an amount not to exceed $157,710, inclusive of the proposed amount minus the line item that was removed, which now totals $153,710, plus an additional $4,000 for additional work being added to the project.

Engineering Update Regarding Landshore Priority One Phase One Project

Mr. Alvarez provided an update regarding the status of the Landshore Priority One, Phase One Project, noting that Landshore Enterprises was finishing restoring the staging area.

Mr. Alvarez added that a resident had made modifications to the lake bank at an area that had just recently been restored in the Priority 1 – Phase 1 project and noted that he would be meeting with the owner, Mr. Vera.

ADMINISTRATIVE MATTERS
Financial Update

Mrs. Perez presented the financials, noting that available funds through May 31, 2024, were
$927,771.41.

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

2024 General Election and Candidate Qualifying Period

Mrs. Perez advised, pursuant to the Miami-Dade County Supervisor of Elections, the official qualifying period for the office of District Supervisor runs from noon, Monday, June 10, 2024, through noon, Friday, June 14, 2024. In line with F.S. 99.061(8), the pre-qualifying period will start on May 28, 2024, since the Supervisor of Elections’ office will be closed on Monday, May 27, 2024, in observance of Memorial Day. This means that candidates can start turning in their qualifying documents starting on Tuesday, May 28, 2024. We encourage incumbents and candidates to take advantage of the pre- qualifying period.

Mrs. Perez added that the seats up for election with term expiring this year are as follows:

CHR	Seat 3 Christopher T. Musser	Expires 2024	
AS	Seat 4 Donna Fishbein	Expires 2024	

2023 Form 1 – Statement of Financial Interests Reminder

Mrs. Perez reminded the Board that this year’s filing requirement for the 2023 Form 1 must be submitted prior to July 1, 2024, using the Electronic Filing System of the Florida Commission on Ethics, which can be accessed via a link at Login - Electronic Financial Disclosure Management System floridaethics.gov., as previously noted by District Counsel. Mrs. Perez emphasized that you will no longer be able to file your completed Form 1 through your local Supervisor of Elections’ office.

BOARD MEMBER/STAFF COMMENTS/REQUESTS

There were no further comments.
ADJOURNMENT

There being no further business to come before the Board, a MOTION was made by Supervisor Musser, seconded by Supervisor Corradini and passed unanimously adjourning the meeting at 6:14 p.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairman/Vice Chair

RESOLUTION NO. 2024-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT AUTHORIZING AND ADOPTING AN AMENDED FINAL FISCAL YEAR 2023/2024 BUDGET (“AMENDED BUDGET”), PURSUANT TO CHAPTER 189, FLORIDA STATUTES; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of Supervisors of the Cutler Cay 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 CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT, THAT:

Section 1.  The Amended Budget for Fiscal Year 2023/2024 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 18th day of November, 2024.

ATTEST:	CUTLER CAY
COMMUNITY DEVELOPMENT DISTRICT

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

Cutler Cay Community Development District

Amended Final Budget For Fiscal Year 2023/2024
October 1, 2023 - September 30, 2024

CONTENTS

AMENDED FINAL OPERATING FUND BUDGET

AMENDED FINAL MAINTENANCE BUDGET

AMENDED FINAL DEBT SERVICE FUND BUDGET

AMENDED FINAL BUDGET
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND
FISCAL YEAR 2023/2024 OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2023/2024 BUDGET
10/1/23 - 9/30/24	AMENDED FINAL BUDGET
10/1/23 - 9/30/24	YEAR TO DATE ACTUAL
10/1/23 - 9/29/24	
Operating Fund Revenues				
Administrative Assessments	102,056	109,279	109,279	
Maintenance Assessments	742,571	742,571	742,571	
Debt Assessments - 2014 Refunding	773,141	773,141	773,141	
Loan Assessments - Restoration Project	149,389	149,389	149,389	
Other Revenues	0	0	0	
Interest Income	600	71,510	71,510	
TOTAL REVENUES	$	1,767,757	$	1,845,890	$	1,845,890	

EXPENDITURES				
ADMINISTRATIVE EXPENDITURES				
Supervisor Fees	6,000	5,400	5,400	
Payroll Taxes - Employer	480	413	413	
Management	32,388	32,388	32,388	
Secretarial	4,200	4,200	4,200	
Legal	15,000	28,610	28,610	
Legal - Extraordinary	0	19,049	19,049	
Assessment Roll	7,500	7,500	7,500	
Audit Fees	3,500	3,500	3,500	
Arbitrage Rebate Fee	650	650	0	
Insurance	15,000	13,272	13,272	
Legal Advertisements	750	14,000	12,030	
Miscellaneous	2,750	4,500	4,373	
Postage	700	1,710	1,696	
Office Supplies	1,400	1,300	1,248	
Dues & Subscriptions	175	175	175	
Trustee Fees	4,200	4,138	4,138	
Continuing Disclosure Fee	350	350	350	
Website Management	2,000	2,000	2,000	
TOTAL ADMINISTRATIVE EXPENDITURES	$	97,043	$	143,155	$	140,342	
				
TOTAL MAINTENANCE EXPENDITURES	$	842,155	806,300	562,706	

TOTAL EXPENDITURES	$	939,198	$	949,455	$	703,048	
				
REVENUES LESS EXPENDITURES	$	828,559	$	896,435	$	1,142,842	
				
Bond Refunding Payments	(726,753)	(739,187)	(739,187)	
				
BALANCE	$	101,806	$	157,248	$	403,655	
				
County Appraiser & Tax Collector Fee	(33,935)	(16,334)	(16,334)	
Discounts For Early Payments	(67,871)	(61,322)	(61,322)	
				
EXCESS/ (SHORTFALL)	$	-	$	79,592	$	325,999	
				
Carryover From Prior Year	0	0	0	
				
NET EXCESS/ (SHORTFALL)	$	-	$	79,592	$	325,999	

OPERATING FUND BALANCE AS OF 09/30/23	
FY 2023/2024 ACTIVITY	
RESERVE FUNDS BALANCE AS OF 9/30/24	
OPERATING FUND BALANCE AS OF 9/30/24	

$1,108,978	
$79,592	
$615,736	
$572,834	

Notes
Reserve Balances Includes Drainage, Pipe, Lake Bank Erosion & Roads Reserves.
Reserve Balances As Of 9/30/2024 total $615,736 - Reserve Balances To Be Adjusted In October 2024.

AMENDED FINAL BUDGET
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT OPERATING FUND - MAINTENANCE EXPENDITURES FISCAL YEAR 2023/2024
OCTOBER 1, 2023 - SEPTEMBER 30, 2024

	FISCAL YEAR 2023/2024 BUDGET
10/1/23 - 9/30/24	AMENDED FINAL BUDGET
10/1/23 - 9/30/24	YEAR TO DATE ACTUAL
10/1/23 - 9/29/24	
MAINTENANCE EXPENDITURES				
Contingency/Reserve	279,730	100,000	1,233	
Lakes Maintenance	12,000	9,000	7,878	
Roads Maintenance/Reserve	50,000	50,000	3,900	
Stormwater Drainage/Reserve	28,000	28,000	15,490	
Stormwater Drainage System Pipe Repairs Project	100,000	100,000	61,988	
Field Operations	12,000	12,000	12,000	
Walls & Wall Fountain Maintenance	30,000	27,500	25,343	
Sidewalk Maintenance/Repairs	15,000	20,000	17,864	
Engineering/Inspections	45,000	48,000	45,886	
Street Signage	5,000	1,000	0	
Lake Fountain Maintenance	15,000	1,000	150	
Entry Features Maintenance	15,000	7,500	5,405	
Guardhouse Exterior Maintenance	10,000	2,000	850	
Water & Sewage	5,000	300	120	
FPL - Electrical	35,000	115,000	110,671	
Retention Wall Maintenance	45,000	5,000	0	
Lake Erosion Restoration Project	140,425	280,000	253,928	
				
TOTAL MAINTENANCE EXPENDITURES	$	842,155	$	806,300	$	562,706	

AMENDED FINAL BUDGET
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT DEBT SERVICE FUND
FISCAL YEAR 2023/2024 OCTOBER 1, 2023 - SEPTEMBER 30, 2024

REVENUES	FISCAL YEAR 2023/2024 BUDGET 10/1/23 - 9/30/24	AMENDED FINAL BUDGET
10/1/23 - 9/30/24	YEAR TO DATE ACTUAL
10/1/23 - 9/29/24	
Interest Income	100	15,329	15,329	
NAV Tax Collection	726,753	739,187	739,187	
				
Total Revenues	$	726,853	$	754,516	$	754,516	
				
EXPENDITURES				
Principal Payments	580,000	580,000	580,000	
Interest Payments	143,594	149,800	149,800	
Bond Redemption	3,259	0	0	
				
Total Expenditures	$	726,853	$	729,800	$	729,800	
				
Excess/ (Shortfall)	$	-	$	24,716	$	24,716	

FUND BALANCE AS OF 09/30/23	
FY 2023/2024 ACTIVITY	
FUND BALANCE AS OF 09/30/24	

$146,042	
$24,716	
$170,758	

Notes
Revenue Fund Balance = $170,042*.
Revenue Fund Balance To Be Used To Make 11/1/2024 Interest Payment Of $68,694.
.
* Approximate Amounts

Series 2021 Bond Refunding Information		
Original Par Amount =	$8,125,000	Annual Principal Payments Due:	
Interest Rate =	2.14%	May 1st	
Issue Date =	March 2021	Annual Interest Payments Due:	
Maturity Date =	May 2034	May 1st & November 1st	
Par Amount As Of 9/30/24 =	$6,420,000		

RESOLUTION 2024-09

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT ADOPTING GOALS, OBJECTIVES, AND PERFORMANCE MEASURES AND STANDARDS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Cutler Cay Community Development District (the “District”) is a local unit of special-purpose government created and existing under and pursuant to Chapters 189 and 190, Florida Statutes, as amended; and

WHEREAS, effective July 1, 2024, the Florida Legislature adopted House Bill 7013, codified as Chapter 2024-136, Laws of Florida (“HB 7013”) and creating Section 189.0694, Florida Statutes; and

WHEREAS, pursuant to HB 7013 and Section 189.0694, Florida Statutes, beginning October 1, 2024, the District shall establish goals and objectives for the District and create performance measures and standards to evaluate the District’s achievement of those goals and objectives; and

WHEREAS, the District Manager has prepared the attached goals, objectives, and performance measures and standards and presented them to the Board of the District; and

WHEREAS, the District’s Board of Supervisors (“Board”) finds that it is in the best interests of the District to adopt by resolution the attached goals, objectives and performance measures and standards.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The recitals so stated are true and correct and by this reference are incorporated into and form a material part of this Resolution.

SECTION 2. The District Board of Supervisors hereby adopts the goals, objectives and performance measures and standards as provided in Exhibit “A”. The District Manager shall take all actions to comply with Section 189.0694, Florida Statutes, and shall prepare an annual report regarding the District’s success or failure in achieving the adopted goals and objectives for consideration by the Board of the District.

SECTION 3. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. Upon its passage, this resolution shall become effective nunc pro tunc on October 1, 2024, and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this _18th	day of 	November	, 2024.

ATTEST:	CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chair/Vice Chair

Exhibit “A”: Performance Measures/Standards and Annual Reporting

EXHIBIT “A”

Program/Activity:	District Administration
Goal:	Remain compliant with Florida Law for all District meetings

Objectives:
Notice all District regular meetings, special meetings, and public hearings
Conduct all post-meeting activities
District records retained in compliance with Florida Sunshine Laws

Performance Measures:
All Meetings publicly noticed as required.
Achieved: Yes ☐ No ☐
Meeting minutes and post-meeting action completed.
Achieved: Yes ☐ No ☐
District records retained as required by law.
Achieved: Yes ☐ No ☐

Program/Activity:	District Finance
Goal:	Remain Compliant with Florida Law for all district financing activities

Objectives:
District adopted fiscal year proposed budget and the final fiscal year budget.
District amended fiscal year budget within 60 days following the end of the fiscal year.
Process all District finance accounts receivable and payable
Support District annual financial audit activities

Performance Measures:
District adopted fiscal year proposed budget and the final fiscal year budget.
Achieved: Yes ☐ No ☐
District amended budget within 60 days following the end of the fiscal year.
Achieved: Yes ☐ No ☐
District accounts receivable/payable processed for the year.
Achieved: Yes ☐ No ☐
“No findings” for annual financial audit (yes/no)
Achieved: Yes ☐ No ☐
If “yes” explain: 	

Program/Activity:	District Operations
Goal:	Insure, Operate and Maintain District owned Infrastructure & assets

Objectives:
Annual renewal of District insurance policy(s).
Obtain all necessary contracted services for District operations and infrastructure.
Determine all vendors are in compliance with District contracts.

Performance Measures:
District insurance policies reviewed and in place.
Achieved: Yes ☐ No ☐
Contracted Services obtained for all District operations.
Achieved: Yes ☐ No ☐
All District contracts in compliance.
Achieved: Yes ☐ No ☐

13476 SW 22nd Street Miramar, FL 33027
Thepressurecleaningman@gmail.com www.thepressurecleaningman.com Cell: (954)328-8964
License Dade County No. 14BS00064 License Broward County No. 11-RP-17299-X Office number (954)995-2356

The Pressure Cleaning Man inc.
Estimate

For:	Cutler Cay CDD - C/O Special District Services, Inc. rGalvis@sdsinc.org
2501A Burns Road
Palm Beach Gardens, FL 33410

Estimate No:	2384
Date:	07/11/2024

Description	Amount

Pressure cleaning of

￼- Sidewalks, curb and gutter approximately 5711 linear feet
Vendor will supply all labor and materials to complete the job
Approximate time of job 1-2 days ( weather permitting)
Chemical treatment will be applied to sidewalks to kill algae

$3,965.00

Pressure cleaning of

4494 and 4496 add up to approximately 870 LF.

4497 and 4499, add up to approximately 695 LF.

Pump fil station cover

$525.00

STIMAT

1 / 3	Page 18

The Pressure Cleaning Man inc. - Estimate 2384 - 07/11/2024

Description	Amount

Process & Disclaimer: Groundwork

Pressure Cleaning employs water and pressure to effectively remove algae from surfaces, utilizing a circular surface cleaner for optimal results. Additionally, a light wash-down of areas may be included to eliminate any residual dirty water resulting from the cleaning process. It's important to note that pressure washing ground work does not automatically remove gum, rust stains, tire marks, or oil stains unless specifically stated otherwise in the estimate content.
Oil & Grease: The vendor cannot guarantee the full removal of oil or grease stains. Generally, our technique achieves a removal rate ranging from 50% to 80%.
Please be aware that the aforementioned stains require special chemicals or techniques for effective treatment.

The T.P.C.M system uses the main spigot from the property as a backup method to refill the water tanks. The system's average water consumption is 5 gallons per minute, totaling 300 gallons per hour. This usage results in an average increase of $7 to $12 on the household water bill.

Subtotal	$4,490.00	
Total	$4,490.00	
Total	$4,490.00	

The Pressure Cleaning Man inc.

Client's signature

Approved on July 17th, 2024, by Chairperson Musser.
Requested COIs must be provided before commencement of any job.
Ronald Galvis
Ronald Galvis - Field Operations Manager Cutler Cay CDD

2 / 3

Page 19

Sidewalks, curbs, Valley gutters

!Pump Station	Page 20

	

	

CONTRACT - INVOICE
ARCHIDESIGN INC
14025 Southwest 143rd Court
Unit#24 Miami, Florida 33186
United States
7864433334
www.archidesignmetalworks.com

BILL TO
CUTLER CAY CDD
2501-A Burns Road
Palm Beach Gardens, Florida 33410 United States

Invoice Number:  1148
Invoice Date:  October 2, 2024
Payment Due:  October 2, 2024

786-503-1633	Amount Due (USD): $550.00		
RGALVIS@SDSINC.ORG					
Items	Box	Price	Amount		
GATE REPAIR WELD FRAME RE-INSTALL	1	$550.00	$550.00		
		
Total:	
$550.00		
		
Amount Due (USD):	
$550.00		

Notes / Terms
ACCORDING TO FLORIDA'S CONSTRUCTION LIEN LAW SECTIONS 713.001-713.37 FLORIDA STATUTES THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS, AND ARE NOT PAID IN FULL HAVE THE RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-CONTRACTORS, OR MATERIAL SUPPLIERS OR NEGLECTS TO MAKE OTHER LEGALLY REQUIRED PAYMENTS, THE PEOPLE WHO ARE OWED MONEY MAY LOOK AT YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED, YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR ANY OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE TO FAIL TO PAY. FLORIDA'S CONSTRUCTION LIEN LAW IS COMPLEX AND IT IS RECOMMENDED THAT WHENEVER A SPECIFIC PROBLEM ARISES, YOU CONSULT YOUR ATTORNEY.

Cancelations: You might cancel this agreement without penalty or obligation by delivering written notice to Archidesign Inc by midnight on the third business day after signing the state supplement contains a form to use if one is specifically prescribed by law in your state. Your payment will be returned within ten (10) business days after Archidesign Inc's receipt of your notice.

Page 1 of 2 for Contract - Invoice #1148

CONTRACT - INVOICE
ARCHIDESIGN INC
14025 Southwest 143rd Court
Unit#24 Miami, Florida 33186
United States
7864433334
www.archidesignmetalworks.com

Notes / Terms
Notice to all Florida Residents: Florida Law contains important requirements you must follow before you may file a lawsuit for defective construction against a contractor, subcontractor, supplier, or design professional a written notice of any construction conditions you allege are defective and provide your contractor and any subcontractor, suppliers or design professional the opportunity to inspect the alleged construction defects and make an offer to repair or pay for the alleged construction defects. It is the customer's responsibility to remove and protect their personal belongings from the work area 24 hours before the removal and installation of the items. The professional will remove as a courtesy the old items. If there is any damage after removal Archidesign Inc or the professional are not responsible. Customer should remove their personal belongings before work commencement.

Limited Warranty: Archidesign Inc, warrants the workmanship of the installation for 90 days from its completion date. During the warranty period, Archidesign Inc will arrange to repair at no charge to the client any defects due to faulty workmanship.
Archidesign Inc does not cover, damage caused by weather, abuse, misuse, neglect, or improper care of cleaning merchandise, and materials are covered exclusively by the manufacturer's warranty. High-impact glass is not included in any warranty, please inspect the glasses before installation is completed.

Liens/Security Interest: If you make all payments as required under this agreement, no security interest will be placed against your property, it creates a lien, mortgage, or other claims against your property to secure payment and it may cause a loss of your property if you fail to pay as requested. After paying on any completed phase of installation and before making any further payments you should request from the installation professional a signed unconditional release form, or waver. Any right to place any claim against your property, applicable to the work then completed. You may ask an attorney about your rights to discharge security interests.

Please Note: Archidesign Inc nor installers are responsible for start/finish delays resulting from events beyond their control, including but not limited to: change orders and acts of nature. Governmental actions, manufacturing/delivery delays or damages caused by a third party, labor strikes/unrest, any incorrect information you provide, schedule payment, legal encumbrances on your property, your property's nonconformance with zoning requirements or building code requirements.

Acceptance and Authorization: By signing this contract you authorized Archidesign Inc, to arrange for an installation professional to perform installation and order and arrange for delivery of special order merchandise including special order merchandise that may be custom made, as specified in this agreement. You understand this agreement constitutes the entire understanding between you and Archidesign Inc. and may only be amended by a change order signed by Archidesign Inc and you.

To avoid inaccuracies please review all details of this estimate/contract.
*Your signature constitutes your approval*
	COI's are required prior to work commencement.
	I am approving the cost of $550 for the nec. repairs to the gate. Should additional cost arrise prior approval would be required.

Customer Signature	 Date Oct. 3, 2024	

Page 2 of 2 for Contract - Invoice #1148

ADDRESS	SHIP TO

Worldwide Distributors Inc. dba Elighting
12130 SW 114th Pl Miami, FL 33176-4473
+13059698754
info@elighting.org https://worldwidedistributors.co/

RONALD GALVIS
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT 7755 SW 192ND ST CUTLER BAY, FL 33157

RONALD GALVIS

DATE 08/22/2024

Estimate 10595

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT 7755 SW 192ND ST CUTLER BAY, FL 33157

 

DESCRIPTION	QTY	AMOUNT	
Project; Cutler Cay (Security Guard House)		600.00	
Scope of Work
Cleaning of existing molded area
Reinstallation of exterior decorative molding around guard house window
Caulking around exterior molded area			
- Inspection of all other decorative molding to ensure structural secur		250.00	

TOTAL	$850.00

Accepted By	Accepted Date

INVOICE
Raptor Vac Systems
4122 22nd Ct
Homestead, FL 33033

Bill to
Cutler Cay CDD C\o SDS, Inc. 2501A Burns Road
Palm Beach Gardens, FL 33410

operations@raptorvac.com
+1 (786) 694-0709

Ship to
Cutler Cay CDD C\o SDS, Inc. 2501A Burns Road
Palm Beach Gardens, FL 33410

Invoice details
Invoice no.: 85
Terms: Net 30
Invoice date: 10/18/2024 Due date: 11/17/2024

#	Date	Product or service	Description	Qty	Rate	Amount	
1.		Storm Drain Maintenance	Vac-con sewer cleaner, support pick up truck with vac hose, water pump and crew of three to clean one catch basins and two
pipelines located within open space area.	1	$950.00	$950.00	
			
Total			$950.00	

FELIX CLEAN SERVICES, LLC.
Office Phone: (786) 389-6522

Proposal/Contract

Customer & Address:	Cutler Cay Community Development District
Old Cutler Rd. & SW 195th Ter Cutler Bay, FL

We hereby submit specifications and estimates for:
Repair to south side waterfall wall leaks and water filtrations in four (4) identified areas by using aqua guard epoxy finish and hydraulic cement method. Painting the work areas to restore original condition after the leaks are corrected.
Disclaimer: Work will be performed from the back of the wall to avoid esthetic alteration. Affected areas will be painted with matching color and product (Sherwin Williams) but may not look 100% identical to its original condition.
1 year warranty.

Labor and Parts	---------------------------------------	$ 3,200.00	
7% Tax	---------------------------------------	N/A	
Total	---------------------------------------	$ 3,200.00	

ACCEPTANCE OF PROPOSAL

Name (and Title):

Signature: Date:

Ronald Galvis - Field Operations Manager
__________________________________________________

Ronald Galvis
__________________________________________________
____O__c_to__b_e_r_2_1_s_t_,_2_0_2_4______________________________

FELIX CLEAN SERVICES, LLC.:	__________________________________________________
- Approved by Chair Musser on October 21st, 2024.

Cutler Cay CDD
Caution Signage Project for Lake Banks	

Arking Solutions	Headley Construction	Raptor Vac Systems	Southern Asphalt Engineering	

Remove and dispose of the existing eleven (11) posts/signs and install thirteen
(13) new posts and caution signs at designated locations, pursuant to the provided District Engineer's specifications.	
$15,655.00	$9,880.00	$9,500.00	$4,875.00	

Cutler Cay COO Lake Signage

New Sign Location #1

New Sign Location #2

Red Targets: Actual Installed Signs
4DPQF - 3FNPWF FYJTUJOH TJHO QPTUT BOE SFUSPGJU QSPQPTFE TJHO BTTFNCMJFT XJUI FYJTUJOH MBLF TJHOT UP BDDPNNPEBUF UIF QSPQPTFE TJHOBHF. 1PTUT XJMM OFFE UP CF SFQMBDFE UP FOTVSF DPNQMJBODF XJUI TQFDJGJDBUJPOT. (4FF EFUBJMT CFMPX)
Blue Lines: Lake Access with no Signage
4DPQF - *OTUBMM QSPQPTFE TJHO BTTFNCMZ BU EFTJHOBUFE BSFBT, XJUIJO $%% QSPQFSUZ BOE PVU PG UIF MJNJUT PG UIF OFXMZ SFTUPSFE TIPSFMJOF.

NO BOATING FISHING SWIMMING
BEWARE OF WILDLIFE
VIOLATORS SUBJECT
TO $500 FINE

NO BOATING FISHING SWIMMING
BEWARE OF WILDLIFE
VIOLATORS SUBJECT
TO $500 FINE

Sign assembly details for locations with existing signs

1SPQPTFE 4JHO "TTFNCMZ:

Proposed 12'
Steel Post

Burial Depth
3' with soil plate

NO BOATING FISHING SWIMMING
BEWARE OF WILDLIFE
VIOLATORS SUBJECT
TO $500 FINE

7' Min.

1" Separation

Proposed
12" (W) x 24" (H)

Existing Sign

Proposed Sign
(Same as Existing)

7' Min.

NO BOATING FISHING SWIMMING
BEWARE OF WILDLIFE
VIOLATORS SUBJECT TO $500 FINE

Sign assembly details for new locations

(B'' 1'l/ri,/

'/2'' LJ-8elt SJ7,ed Specifi<ally Fc,r (Dlum11{P,;, /)
DliJmeler

Wi tJ Be;,rr, Lcn,rrn

A

NOTES:
J, 'h• 9 t<>inles$ $I eel 11.e, ne.)d bolts ..,
ny/,;,,., .,.itsMr 1.1n e,• fieM <"1111 rliJ:Slte/" i!rtder
m,! m.ir " usca' in lieu c,f V,· ti} irluminum ull.in or (/iJt lteit4 b.:tJrs,

111,' d Be.im - Alumlncim z

1¾ x  i¾x  Ul9 ==:OF-;;;.-------------;;..	;;;;;;;   F-.;;.--a--­

Use nrfon wa.she;s (pro•mJed by the sheeting supplier I 1Htder the bolt heads to p,<>tert sign sheetin!j.

1/1 {ii Aluminum B:utto11Head
BoTT .,,;rn 1,'ut a-ml Wash.er rTy1>./	J" f>/ifl.

!" ollin. I I t<h,ng f rJ"r.ac et Con11ectlan) 5" Ma -

J, Slots rtp to Z' flln,O clfe .!J!l&wed in wind beams
!o .l(CQ,• lllO'li<lte rJ-llo/t;; fot ,aninsr Cc/11111
{P,, t! diam(•t<1r $,

Wind l)e;om.,: m,y 1>-e oriented In eitller (!lre,tio11.

============WIND BEAM CONNECTJOI\JS DETAILS============

,•or signs greater than 661' in he/gilt. insta/I
a rftird wr1W tie.am evenly spaced betlo'1een tile top and oottom .. ind beams. For •i ns vp to !Z' in freign!, use 011/y o,re wind beam at 'l Si 9"· lnstJ/r h•o .. ,nd beam;; M signs wi!ll hci9/lts
9re,1e, man J z· oM le s ClliJll .:tr equ1tl t.i 5-lf',

-
:!c
i,,

0:
'ii
...

'- 'i: Boils

6" Tl',oical for Signs Heig_flls :a. 4'- ·
! 2'' r7pici1/ for Si91,s Heights "' 4'-0'

J' ½'' ,'l/,.,

Sign Fa.::c	Sign F

AJ,lJt'li'JrlUl'i!'I C"lumn (Post)-·

Wioo Beam
(5 ee 'liilld Beam Cor.n cticn 1,'ote 4)

SINGLE SIGN DETAIL

================= VIEW  A-A=================

WINO BEAM co	iiJ ON
Page 4 of 4

October 18, 2024

Att.	Mr. Ronald Galvis
Field Operations Manager. Special District Services, Inc.

Ref:	CUTLER CAY CDD.  IMPROVEMENTS.

ARKING SOLUTIONS INC. is pleased to submit the following proposal to provide the services required for “SIGNAGE AROUND THE LAKE”, according the received Location Plan and specifications.

SCOPE OF WORK:
Furnish Labor, Material and Tools.

Remove existing Signs. 11 Un.
New 12’ above ground Aluminum Poles 3 1/2” Ø , 6’ buried.	13Un.
New “Alligators and Snakes in Area” 13 Un.
New “No Boating Fishing Swimming” 13 Un.
TOTAL: $ 15,655=

NOT INLCUDED:
Permits Permits Fees

PAYMENT SCHEDULE:
50% Deposit payment.
50% Final payment Best Regards,

Martha L. Arango 	Acceptance:	
Martha L. Arango C.G.C.
Construction Manager

Page 34

Headley Construction Group Inc

8240 SW 186th ST
Cutler Bay, FL 33157 USA
+13056131490
thomas@headleycg.com

Estimate		
ADDRESS	ESTIMATE	1570	
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT	DATE	10/10/2024	
7755 SW 192ND ST			
CUTLER BAY, FL 33157			
DATE	SERVICE	DESCRIPTION	QTY	RATE	AMOUNT	
	Project; Cutler Cay Lakes Signage				
	Scope of Work				
Signs & Markings	1. Removal and disposal of existing signs and posts (Qty. 11)	13	760.00	9,880.00	
	2. Excavation / Disposal to -4" for sign installation (Qty. 13)		
	2. Installation of Aluminum Pipe 2 1/2 ( 2 7/8 x 2.469 x .203) x 13' 6" w/ Soil
Plate 1/4 x 7 x 18" (Qty. 13)		
	3. Grout sealing at top to seal / secure post (Qty. 13)		
	4. Installation of all hardware and signs as proposed by the engineer (Qty. 13)		
	Notes;
30 Day Terms
No permitting included		

SUBTOTAL	9,880.00	
TAX	0.00	

TOTAL	$9,880.00	

Accepted By Accepted Date

PROPOSAL
4122 NE 22 nd Court, Homestead, FL 33033
Tel 786-694-0709
E-mail: operations@raptorvac.com
STORMWATER MANAGEMENT AREA SIGNAGE
PROPOSAL SUBMITTED TO:
Cutler Cay CDD ℅ SDS, Inc.	PROJECT NAME:
Cutler Cay CDD	
BUSINESS ADDRESS:
2501A Burns Road, Palm Beach Gardens, FL	PROJECT LOCATION:
Thirteen (13) lake locations	
CONTACT:
Mr. Ronald Galvis	DATE:
October 14, 2024	

We hereby propose to furnish all labor and equipment to complete the work outlined in this proposal in accordance with the Scope of Work listed below.

SCOPE OF WORK: All labor, equipment and materials to install thirteen (13) new signs and posts in accordance with plans and speciﬁcations provided by management. Remove and dispose of eleven (11) existing posts.

COST: We propose to conduct this work in accordance with the above Scope of Work for the sum of $9,500.00

Nine Thousand Five Hundred Dollars and 00/100 Cents TERMS: Net 30
ACCEPTANCE: Client hereby accepts and agrees to the terms, Scope of Work, and all other conditions and speciﬁcations hereinabove. Raptor Vac Systems is authorized to perform the work. Payment shall be made in accordance with the provisions contained hereinabove.

Accepted by:

Authorized Representative’s Signature

Date of Acceptance

Pedestrian Signage Proposal

Special District Services, Inc.
Ronald Galvis

Project:
Cutler Cay
7755 SW 192nd St
Cutler Bay, Florida 33157

Proposal: Cutler Cay

Page 1

Jose Franco CEO

Proposal: Cutler Cay

Your Pavement Professionals

Company Info	Contact Person

Southern Asphalt Engineering Inc.
13110 NW 14 Street
Miami, FL 33182
P: 305-667-8390
http://www.southernasphaltengineering.com

Jose Franco CEO
franco@southernasphaltengineering.com Cell: 305-970-1476
Office 305-667-8390 Ext 225

About Us
Your Partners in Asphalt Restoration & Maintenance!
Southern Asphalt Engineering, Inc. has proudly served South Florida since1998. We are a full service Asphalt Pavement, Restoration, and Maintenance Contractor which provide a wide range of services, including Design, Construction, and Maintenance services for Commercial, Industrial, & Professionally Managed Commercial and Residential Properties.
We submit the following proposal detailing the requested scope of work we propose to perform for your consideration. Please feel free to contact us at any time should you have any questions in relation to the provided proposal.

Proposal: Cutler Cay
Traffic Sign Installation (Engineering Grade)

Supply and Installation of (13) Engineering grade 2.5 Diameter 1/8 gauge aluminum sign posts with aluminum soil plates (15) Standard Custom Traffic Sign(s). (2) No Boating Fishing Swimming (13) Alligator Snakes in Area
Removal of 11 currently existing signs, Existing No Boating Fishing Swimming traffic signs will be removed and re- installed on newly installed posts.
Excavating of post hole for placement of traffic post min. 36" in depth.
Installation of (13 ) Engineering grade 2.5 Diameter 1/8 gauge aluminum sign posts with aluminum soil plates
Supply and Installation of (15) Custom engineering grade high intensity traffic signs using specified wind beams, u- bolts and specified hardware.
Relocation of sprinkler lines and known service lines closely adjoining areas of proposed work area are to be relocated or removed by others prior to the commencement of work.

Price Breakdown:Cutler Cay

Proposal: Cutler Cay

Please find the following breakdown of all services we have provided in this proposal. This proposal originated on November 01, 2024. Job Number: 2024-050786

Item	Description		Cost	
1.	Traffic Sign Installation (Engineering Grade)		Included	
		Total:	$4,875.00	

Authorization to Proceed & Contract
Authorization to Proceed & Contract:
ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby
accepted. You are authorized to perform the work as specified. Payment will be made as per the payment terms outlined. Upon acceptance, this proposal becomes a contract.
We understand that if any additional work is required above and beyond from that which is stated in this proposal/contract, it will be added to this contract, or performed under a new contract.

Proposal: Cutler Cay

Acceptance
We agree to pay the total sum or balance in full 30 days after the completion of work.
I am authorized to approve and sign this proposal as per scope of work submitted. We agree to pay the total sum or balance in full upon completion of this project in accordance with the payment terms listed.
100% Upon Completion.
30% Upon Acceptance of Contract, 60% Upon Completion, 10% Upon Final Inspection. 25% Upon Acceptance, 65% Upon Completion, 10% Upon Final Inspection.
Scheduled Progress Payments.
Work will be scheduled upon receiving the signed proposal and payment of deposit.

Date:

Ronald Galvis
Special District Services, Inc. 2501 Burns Rd suite a
Palm Beach Gardens, Florida 33410 rgalvis@sdsinc.org
O: 786-503-1633

Jose Franco | CEO
Southern Asphalt Engineering Inc. 13110 NW 14 Street
Miami, FL 33182
E: franco@southernasphaltengineering.com C: 305-970-1476
P: 305-667-8390 Ext 225
http://www.southernasphaltengineering.com

Additional Info: Cutler Cay

Proposal: Cutler Cay

Contract Terms & Conditions
1. Weather: It is understood and agreed that all work is performed “weather permitting”. If it's raining the day of scheduled service, assume we aren't coming, and we will contact you to reschedule as soon as possible. If it rains after our installation, please keep the work area closed and contact your project coordinator. We monitor the weather closely and can generally predict this very well. If an unexpected storm happens, any required touch up will be performed.
Sprinklers: Should be off 24 hours prior until 48 hours after service so as not to cause damage to any work performed. The surface must be dry upon our crew’s arrival.
Informing of Work: It will be the property owner or property management company's responsibility for properly informing tenants and or residents of intended work areas and notifying any service providers such as landscapers, garbage companies, and vendors to avoid work area on the day work is to be performed. In the event of having to reschedule due to unforeseen conditions you must notify tenants, residents, and service providers of the change in schedule.
Vehicles: It is vital that all vehicles and obstructions are removed from the intended work area in a timely manner, no later than 7:30 a.m. to allow for the performance of contracted work unless agreed otherwise. If tow trucks service are required this needs to be arranged prior to the commencement of work and towing service must be on call to remove cars from the scheduled work areas. Inability of crew to perform work may result in added mobilization charge. In the event SAE is unable to complete the contract work due to vehicles and obstructions within the work area additional mobilizations charges will apply and be billed at the following rates per crew. Asphalt Repair Crew, $1,500.00 Asphalt Paving Crew, $4,800.00 Concrete Crew $2,500.00, Sealcoating Crew $1,500.00.
Asphalt Over-Run: The owner agrees to pay for asphalt over-run at a rate of $165.00 per ton. Asphalt leveling will be billed at a rate of $195.00 per ton in areas of excessive leveling of depressed asphalt areas as may be required to improve existing slope or grade.
Work Hours: Work to be completed during the week (Monday-Friday) during the hours of 7A.M. & 6 P.M. excluding holidays unless otherwise clearly stated in the proposal, night, weekend, holiday, work available at an additional cost if work is required to be completed during a night, weekend, holiday schedule.
Warranty: Warranty period (12) months on workmanship and materials to commence upon date of substantial completion of work subject to payment in full of contracted work. SAE will not honor the warranty unless payments are made in full. Warranty subject to scope of work warranty statements.
Job Site Barricades: cones, and or caution tape are not to be removed for the duration of the project. SAE will not be liable for the removal of barricades/cones/caution tape by others while work is in progress, areas of ongoing work, and closed off sections or segments of work. SAE will not be liable for anyone who disrespects traffic control devices and walks or drives on wet or uncured sealer, concrete, or painted surfaces causing damage to any adjoining surfaces, persons, or property damage.
Landscaping: Tree & vegetation removal to gain access to the work area and restoration of sod adjacent to performed work to be done by others.
Utilities: SAE will not be responsible for damage to underground utilities such as buried sprinkler lines, utility service lines i.e., power, water, sewer, catv, etc. that are not properly identified, or clearly marked by utility locates and set to required depth by code inclusive of areas closely adjoining to proposed work area. Any known service lines are to be re-located or removed by others prior to the commencement of work.
Permits: Construction permits costs and fees are not included unless otherwise specified. Permit procurement will be an added cost of $785.00 per permit. Permit procurement is inclusive of application support, notary, 1 Submission, municipal review monitoring and up to (3) visits to municipal depts. to address revisions, additional required municipal visits/revisions will be charged at a rate of $100.00 per municipal visit or submitted revision. Inspections to finalize approved permits are inclusive. The actual cost of the permit fee assessed by the governing agency will be an added charge and inclusive of the final permit procurement invoice. Any additional work required by such a permit will be an additional charge above and beyond the original contract price. In the event a customer or authorized representative instructs SAE to proceed without the required permits. Should the customer determine not to not proceed with a

Proposal: Cutler Cay

submitted permit due to unwillingness to comply with municipalities requirements. The customer agrees to pay the permit procurement fee and re-imburse any permit processing fee and related costs incurred by SAE.
Site Plans/Surveys: The owner or authorized representative will provide 2 copies of current site plans/surveys for permitting purposes. In the event a customer cannot provide the required survey or site plan for permitting purposes. SAE can provide needed professional services to include surveying and engineering services as an added charge.
A.D.A.: SAE makes no claim to the local, state, or federal guidelines on ADA compliance of existing surfaces or any upgrades of A.D.A. elements present within the property boundary. SAE recommends that a Civil Engineer/Architect be retained for ADA compliance.
Payment Terms: Payments shall be made in accordance with the agreed to and accepted payment terms.
Contract Price: All prices quoted are valid for 30 days from the date of this proposal. Due to price fluctuations and market volatility in material costs. SAE reserves the right to withdraw the proposal or revise contract pricing at any time prior to commencement of work or in the event permitting delays occur beyond (90) days.
Change orders approved by the property owner, the authorized representative will be invoiced as an added charge above and beyond the contract price. All change orders shall be paid upon execution thereof and not be a cause of delay in payment of original contract sum. Original contract amount & change orders must be paid prior to performing punch list items (subject to 10% customer retainage). Unpaid balances past due 30 days from date of receipt and will be subject to a monthly interest rate charge of 1.5% monthly / 18% annually.
In the event an owner/authorized representative wishes to cancel the project for any reason prior to commencement of contracted work, any deposits received will be returned to the customer and be subject to 20% deductions of contracted price and added charges related to purchased materials, fees associated with site plans, surveys, procurement, permit fees & any expenses as may have been incurred by SAE.
Should a collection agency or attorney be retained to collect any amount due under the term of this contract, purchaser agrees to pay collection costs, attorney’s fees and related costs as may be applicable. In any dispute associated with this agreement between the client and Southern Asphalt Engineering, the prevailing party shall be entitled to reasonable attorney's fees and costs inclusive of collection agency fees. The venue shall be Miami Dade County, Florida.
Exclusions: This proposal excludes the following unless expressly stated in this proposal. as-builts, surveys, architectural drawings, engineer site plans, engineering, layout, material testing, permits, staking, (manhole, catch basin, frame and grate, and water valve adjustments or repairs), riser rings, utility meter boxes, wired detector loops, ID badges, biometrics, background checks, special pay wages, and or bond requirements unless expressly implied. The hiring party is responsible for any of the above items which may be required. Should these services be provided by this contractor any additional charges will be assessed accordingly upon prior customer approval.
No account representative, sales agent, or any other employee of SAE Inc., customer or customer representative shall have the authority to waive or modify any terms and conditions of this agreement nor deviate from the specifications and terms set forth herein. No verbal representations expressed or implied can be relied on and will not supersede the terms and conditions of the written specifications set forth. Any change, alteration, or deviation from the specifications as set forth in the proposal, which involve additional charge or cost, will only be permitted upon written confirmation via Change Order.
This proposal including all terms and conditions, shall become a legally binding attachment to any contract entered and between SAE and the financially responsible party for which the work is being performed. All provided terms will not be excluded or superseded by any other contract or riders.

Attachments

Proposal: Cutler Cay

Please click any of the links below to view and print all documents.

Company Attachments
About Southern Asphalt Engineering Inc. Liability,Workers Comp & Auto Ins.
W-9 Form

DocuSign Envelope ID: FE26B942-BEB3-4A97-B2CF-690251F51998

8935 NW 35 Lane, Suite 101 Doral, FL 33172
Tel (305) 640-1345
Email Alvarez@AlvarezEng.com Website www.alvarezeng.com

June 19, 2024

Mr. Michael Vera 19049 SW 80 Court
Cutler Bay, FL 33157
Reference:	Improper Placement of Fill on Cutler Cay Community Development District Lake Property (the “CDD”)
In the Back of 19049 SW 80 Court

Via:	Email Only: michaeltatiana@yahoo.com

Dear Mr. Vera,

Thank you for meeting with us this morning.
As mentioned at the site meeting, the landscaping project conducted by your contractor in the back of your property has resulted in an unacceptable slope inclination of the CDD-owned lake bank. The slope needs to be restored as indicated in the Miami-Dade County approved set of construction drawings attached to this email (Refer to Typical Section 10-10 circled in red on Sheets C-4 and C-18).
The CDD is concerned that the improper slope created by the grading of the fill material affects the intent of the lakeshore restoration project recently completed by the CDD, and that it might also create liability situations to all parties involved.

For future communications regarding the referenced item, I am copying CDD Manager Gloria Perez, CDD Counsel Liza Smoker and HOA Manager Laura Gavilan.

Thank you,

Juan R. Alvarez, PE CDD Engineer.

Cc. District Manager Gloria Perez	gperez@sdsinc.org District Counsel Liza Smoker	Lsmoker@bclmr.com HOA Manager Laura Gavilan	lgavilan@kwpmc.com

P:\031101 - Cutler Cay CDD\DRAINAGE ISSUES\19049 SW 80 Ct\Letter To Mr. Michael Vera Cutler Cay CDD Resident 06-19-2024.Doc

DocuSign Envelope ID: FE26B942-BEB3-4A97-B2CF-690251F51998

8935 NW 35 Lane, Suite 101 Doral, FL 33172
Tel (305) 640-1345
Email Alvarez@AlvarezEng.com

2

DocuSign Envelope ID: FE26B942-BEB3-4A97-B2CF-690251F51998

DocuSign Envelope ID: FE26B942-BEB3-4A97-B2CF-690251F51998

19049 48 80 $U

DocuSign Envelope ID: FE26B942-BEB3-4A97-B2CF-690251F51998

Headley Construction Group Inc
8240 SW 186th ST
Cutler Bay, FL 33157 USA
+13056131490
thomas@headleycg.com

Estimate		
ADDRESS	ESTIMATE	1549	
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT	DATE	09/18/2024	
7755 SW 192ND ST			
CUTLER BAY, FL 33157			
DATE	SERVICE	DESCRIPTION	QTY	RATE	AMOUNT	
	Project; Change Order #5 - CC Stagnant water 7616 SW 193 Lane				
	Scope of work				
Drainage	PERFORM CLEARING AND GRUBBING OF THE TRENCH SECTION.
EXCAVATE EXISTING MATERIAL UP TO THE REQUIRED DEPTH; 15' BELOW EDGE OF PAVEMENT ELEVATION.
INSTALL FRENCH DRAIN (SEE DETAIL).
INSTALL DRAIN BASIN PER MANUFACTURER SPECIFICATIONS ( SEE DETAIL).
CAST CONCRETE APRON PER MANUFACTURER SPECIFICATIONS (SEE DETAIL),
ASSURING GRATE ELEVATION TO BE 3" BELOW EDGE OF PAVEMENT ELEVATION.
MAINTAIN TRAFFIC IN ACCORDANCE WITH MIAMI-DADE COUNTY PUBLIC WORKS MANUAL PART 1.	1	14,750.00	14,750.00	
Asphalt Mill & Resurface	7. PERFORM VARIABLE MILLING OF
3/ 4'' AND PAVE AVERAGE 1" ASPHALT OVERBUILD
FOR SLOPE CORRECTION	1	2,800.00	2,800.00	
	8. CLEAN THE SITE AFTER THE WORK IS OVER.				

SUBTOTAL	17,550.00
TAX	0.00

TOTAL	$17,550.00

Accepted By Accepted Date

Headley Construction Group Inc

8240 SW 186th ST
Cutler Bay, FL 33157 USA
+13056131490
thomas@headleycg.com

Estimate		
ADDRESS	ESTIMATE	1550	
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT	DATE	09/18/2024	
7755 SW 192ND ST			
CUTLER BAY, FL 33157			
DATE	SERVICE	DESCRIPTION	QTY	RATE	AMOUNT	
	Project; Change Order #6 - Pavement Restoration Cutler Cay				
Asphalt Mill & Resurface	Scope of work - Fixing damaged asphalt pavement due to water main repair	1	3,300.00	3,300.00	
	1. Asphalt Milling / Cleanup of asphalt area (20' x 20')				
	2. Asphalt Paving at 1" depth of SP-9.5 Mix (20' x 20')				
	3. Striping of area to match existing layout				
	4. Cleaning of worksite once completed				

SUBTOTAL	3,300.00	
TAX	0.00	

TOTAL	$3,300.00	

Accepted By Accepted Date

Headley Construction Group Inc

8240 SW 186th ST
Cutler Bay, FL 33157 USA
+13056131490
thomas@headleycg.com

Estimate		
ADDRESS	ESTIMATE	1551	
CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT	DATE	09/18/2024	
7755 SW 192ND ST			
CUTLER BAY, FL 33157			
DATE	SERVICE	DESCRIPTION	QTY	RATE	AMOUNT	
		Project; Change Order #7 - Striping Restoration Cutler Cay				
		Scope of Work - Main Entrance				
	Signs & Markings	1. Thermoplastic, 6" Wide, White/Yellow Solid
Lane (3720 LF)	3,720	2.25	8,370.00	
	Signs & Markings	2. Thermoplastic, 6" Wide, White Skips
(10' X
30')	150	2.25	337.50	
	Signs & Markings	3. Thermoplastic, Directional Traffic Arrow (Qty. 15)	15	135.00	2,025.00	
	Signs & Markings	4. Thermoplastic, 24" Wide, White Stop
Bar (Qty. 3)	3	90.00	270.00	
		Scope of Work - South Gate Entrance				
	Signs & Markings	5. Thermoplastic, 6" Wide, Double Yellow
Solid Lane (200 LF)	200	3.00	600.00	
	Signs & Markings	6. Provide & Install (Y/Y) Reflective Paving
Market (Qty. 12)	12	9.00	108.00	

SUBTOTAL	11,710.50	
TAX	0.00	

TOTAL	$11,710.50	

Accepted By Accepted Date

Cutler Cay Community Development District

Financial Report For September 2024

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT
SEPTEMBER 2024

REVENUES	
Annual Budget
10/1/23 - 9/30/24	

Actual Sep-24	Year To Date Actual
10/1/23 - 9/30/24	
Administrative Assessments	102,056	0	109,279	
Maintenance Assessments	742,571	0	742,571	
Debt Assessments - 2014 Refunding	773,141	0	773,141	
Loan Assessments - Restoration Project	149,389	0	149,389	
Other Revenue	0	0	0	
Interest Income	600	4,840	71,510	
Total Revenues	$	1,767,757	$	4,840	$	1,845,890	
				
ADMINISTRATIVE EXPENDITURES				
Supervisor Fees	6,000	0	5,400	
Payroll Taxes (Employer)	480	0	413	
Management	32,388	2,699	32,388	
Secretarial	4,200	350	4,200	
Legal	15,000	798	28,610	
Legal Fees - Extraordinary	0	0	19,049	
Assessment Roll	7,500	7,500	7,500	
Audit Fees	3,500	0	3,500	
Arbitrage Rebate Fee	650	0	0	
Insurance	15,000	0	13,272	
Legal Advertisements	750	0	12,030	
Miscellaneous	2,750	351	4,373	
Postage	700	60	1,696	
Office Supplies	1,400	9	1,247	
Dues & Subscriptions	175	0	175	
Trustee Fee	4,200	0	4,139	
Continuing Disclosure Fee	350	350	350	
Website Management	2,000	165	2,000	
TOTAL ADMINISTRATIVE EXPENDITURES	$	97,043	$	12,282	$	140,342	
				
TOTAL MAINTENANCE EXPENDITURES (Details On Page 2)	$	842,155	$	19,475	$	562,706	
				
Total Expenditures	$	939,198	$	31,757	$	703,048	
				
Revenues Less Expenditures	$	828,559	$	(26,917)	$	1,142,842	
				
2014 Bond Refinancing Payments	(726,753)	0	(739,187)	
				
Balance	$	101,806	$	(26,917)	$	403,655	
				
County Appraiser & Tax Collector Fee	(33,935)	0	(16,334)	
Discounts For Early Payments	(67,871)	0	(61,322)	
				
Excess/ (Shortfall)	$	-	$	(26,917)	$	325,999	
				
Carryover From Prior Year	0	0	0	
				
Net Excess/ (Shortfall)	$	-	$	(26,917)	$	325,999	

Bank Balance As Of 9/30/24	$	1,505,920.67	
Accounts Payable As Of 9/30/24	$	72,143.97	
Accounts Receivable As Of 9/30/24	$	1,200.00	
Security Deposit As Of 9/30/24	$	-	
Reserve For Project Loan Payment As Of 9/30/24	$	140,425.00	
Reserve For Roads Maintenance As Of 9/30/24	$	195,000.00	
Reserve For Stormwater Drainage As Of 9/30/24	$	85,500.00	
Reserve For Pipe Repairs Project As Of 9/30/24	$	170,000.00	
Reserve For Lake Bank Erosion Project As Of 9/30/24	$	24,811.00	
Available Funds As Of 9/30/24	$	819,240.70	

Notes	
Reserve For Lake Bank Erosion Project As Of 10-1-23 Was $278,738.

Reserve Fund Balances To Be Adjusted On 10/1/24

CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT MONTHLY FINANCIAL REPORT - MAINTENANCE SEPTEMBER 2024

MAINTENANCE EXPENDITURES	

Annual Budget
10/1/23 - 9/30/24	

Actual Sep-24	
Year To Date Actual
10/1/23 - 9/30/24	

Contingency/Reserve	
279,730	
0	
1,233	

Lakes Maintenance	
12,000	
619	
7,878	

Roads Maintenance/Reserve	
50,000	
0	
3,900	

Stormwater Drainage/Reserve	
28,000	
0	
15,490	

Stormwater Drainage System Pipe Repairs Project-Phase 2	
100,000	
0	
61,988	

Field Operations	
12,000	
1,000	
12,000	

Walls & Wall Fountain Maintenance	
30,000	
900	
25,343	

Sidewalk Maintenance/Repairs	
15,000	
0	
17,864	

Engineering/Inspections	
45,000	
7,738	
45,886	

Street Signage	
5,000	
0	
0	

Lake Fountain Maintenance	
15,000	
0	
150	

Entry Features Maintenance	
15,000	
0	
5,405	

Guardhouse Exterior Maintenance	
10,000	
0	
850	

Water & Sewage	
5,000	
0	
120	

FPL - Electrical Utility	
35,000	
9,218	
110,671	

Retention Wall Maintenance	
45,000	
0	
0	

Lake Bank Erosion Restoration Project	
0	
0	
253,928	

Lake Bank Erosion Restoration Project (Loan Payment)	
140,425	
0	
0	

TOTAL MAINTENANCE EXPENDITURES	
$	842,155	
$	19,475	
$	562,706	

Cutler Cay Community Development District
Budget vs. Actual
October 2023 through September 2024

Oct 23 - Sept 24	23/24 Budget	$ Over Budget	% of Budget
	  
Ordinary Income/Expense Income
363.811 ꞏ Loan Assessments	149,389.00		149,389.00		0.00		100.0%	
363.100 ꞏ Administrative Assessments	109,279.15		102,056.00		7,223.15		107.08%	
363.101 ꞏ Maintenance Assessments	742,571.00		742,571.00		0.00		100.0%	
363.810 ꞏ Debt Assessments	773,141.00		773,141.00		0.00		100.0%	
363.820 ꞏ Debt Assessment - Pd To Trustee	-739,187.22		-726,753.00		-12,434.22		101.71%	
363.830 ꞏ Cty Appraiser & Tax Coll Fee	-16,334.04		-33,935.00		17,600.96		48.13%	
363.831 ꞏ Discounts For Early Payments	-61,321.80		-67,871.00		6,549.20		90.35%	
369.401 ꞏ Interest Income	71,509.82		600.00		70,909.82		11,918.3%	
Total Income	1,029,046.91		939,198.00		89,848.91		109.57%	
Expense								
512.825 ꞏ Retention Wall Repairs	0.00		45,000.00		-45,000.00		0.0%	
512.823 ꞏ Lake Bank Erosion Rest Project	253,927.57		0.00		253,927.57		100.0%	
512.826 ꞏ Lake Bank Erosion Rest Prj - Loan Payment	0.00		140,425.00		-140,425.00		0.0%	
511.758 ꞏ FPL - Electrical	110,671.31		35,000.00		75,671.31		316.2%	
511.756 ꞏ Water & Sewage	120.41		5,000.00		-4,879.59		2.41%	
511.754 ꞏ Guardhouse Exterior Maintenance	850.00		10,000.00		-9,150.00		8.5%	
511.753 ꞏ Entry Feature Maintenance	5,405.00		15,000.00		-9,595.00		36.03%	
511.752 ꞏ Fountain Maintenance	150.00		15,000.00		-14,850.00		1.0%	
511.751 ꞏ Street Signage	0.00		5,000.00		-5,000.00		0.0%	
511.308 ꞏ Stormwter Drainage Pipe Project	61,988.00		100,000.00		-38,012.00		61.99%	
511.307 ꞏ Sidewalk Maint/ Repairs	17,864.14		15,000.00		2,864.14		119.09%	
511.122 ꞏ Payroll tax expenses	413.10		480.00		-66.90		86.06%	
511.131 ꞏ Supervisor Fee	5,400.00		6,000.00		-600.00		90.0%	
511.301 ꞏ Lakes Maintenance	7,878.00		12,000.00		-4,122.00		65.65%	
511.302 ꞏ Roads Maintenance/Reserve	3,900.00		50,000.00		-46,100.00		7.8%	
511.303 ꞏ Stormwater Drainage/Reserve	15,490.00		28,000.00		-12,510.00		55.32%	
511.304 ꞏ Field Operations	12,000.00		12,000.00		0.00		100.0%	
511.305 ꞏ Contingency/Reserve	1,232.97		279,730.00		-278,497.03		0.44%	
511.306 ꞏ Walls-Wall Fountain Maintenance	25,342.50		30,000.00		-4,657.50		84.48%	
511.310 ꞏ Engineering/Inspections	45,885.73		45,000.00		885.73		101.97%	
511.311 ꞏ Management Fees	32,388.00		32,388.00		0.00		100.0%	
511.312 ꞏ Secretarial Fees	4,200.00		4,200.00		0.00		100.0%	
511.315 ꞏ Legal Fees	28,610.00		15,000.00		13,610.00		190.73%	
511.316 ꞏ Legal Fees - Extraordinary	19,049.41		0.00		19,049.41		100.0%	
511.318 ꞏ Assessment/Tax Roll	7,500.00		7,500.00		0.00		100.0%	
511.320 ꞏ Audit Fees	3,500.00		3,500.00		0.00		100.0%	
511.330 ꞏ Arbitrage Rebate Fee	0.00		650.00		-650.00		0.0%	
511.450 ꞏ Insurance	13,272.00		15,000.00		-1,728.00		88.48%	
511.480 ꞏ Legal Advertisements	12,030.15		750.00		11,280.15		1,604.02%	
511.512 ꞏ Miscellaneous	4,372.68		2,750.00		1,622.68		159.01%	
511.513 ꞏ Postage and Delivery	1,695.93		700.00		995.93		242.28%	
511.514 ꞏ Office Supplies	1,247.25		1,400.00		-152.75		89.09%	
511.540 ꞏ Dues, License & Subscriptions	175.00		175.00		0.00		100.0%	
511.733 ꞏ Trustee Fees	4,138.75		4,200.00		-61.25		98.54%	
511.734 ꞏ Continuing Disclosure Fee	350.00		350.00		0.00		100.0%	
511.750 ꞏ Website Management	1,999.92		2,000.00		-0.08		100.0%	
Total Expense	703,047.82		939,198.00		-236,150.18		74.86%	
Net Ordinary Income	325,999.09		0.00		325,999.09		100.0%	
Net Income	325,999.09		0.00		325,999.09		100.0%	

CUTLER CAY CDD TAX COLLECTIONS 2023-2024

#	

ID#	

PAYMENT FROM	

DATE	

PAYMENT FROM	

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 - Loan Assessment Income (Before Discounts & Fees)	Debt - Bond Assessment Income (Before Discounts & Fees)	Admin Assessment Income (After Discounts & Fees)	Maint Assessment Income (After Discounts & Fees)	Debt - Loan Assessment Income (After Discounts & Fees)	Debt - Bond Assessment Income (After Discounts & Fees)	

Debt - Loan Assessment Paid to Trustee	

Debt - Bond Assessment Paid to Trustee	
									$	1,767,157	$	102,056	$	742,571	$	149,389	$	773,141	$  102,056	$  742,571	$  149,389	$	773,141			
									$	1,662,238	$	97,043	$	698,017	$	140,425	$	726,753	$	97,043	$  698,017	$  140,425	$	726,753	$	140,425	$	726,753	
1	1	Miami-Dade Tax Collector	11/20/23	NAV Taxes	$	153,059.24		$  (1,466.88)	$  (6,370.54)	$  145,221.82	$  8,846.74	$	64,315.50	$	12,933.55	$  66,963.45	$ 20,665.02	$ 61,022.20	$	-	$  63,534.60		$  63,534.60	
2	2	Miami-Dade Tax Collector	11/24/23	NAV Taxes	$	169,208.25		$  (1,624.41)	$  (6,768.30)	$  160,815.54	$  9,780.20	$	71,101.30	$	14,298.10	$  74,028.65	$ 22,883.94	$ 67,574.70	$	-	$  70,356.90		$  70,356.90	
3	3	Miami-Dade Tax Collector	12/08/23	NAV Taxes	$	1,093,866.46		$  (10,501.12)	$ (43,754.41)	$ 1,039,610.93	$  63,225.47	$  459,642.69	$	92,431.72	$ 478,566.58	$ 147,936.62	$ 436,844.52	$	-	$ 454,829.79		$ 454,829.79	
4	4	Miami-Dade Tax Collector	12/27/23	NAV Taxes	$	27,556.62		$	(267.04)	$	(853.15)	$	26,436.43	$  1,592.78	$	11,579.29	$	2,328.53	$  12,056.02	$  3,761.90	$ 11,108.59	$	-	$  11,565.94		$  11,565.94	
5	5	Miami-Dade Tax Collector	01/09/24	NAV Taxes	$	63,338.52		$	(614.37)	$  (1,900.17)	$	60,823.98	$  3,660.97	$	26,614.85	$	5,352.10	$  27,710.60	$  8,655.21	$ 25,558.25	$	-	$  26,610.52		$  26,610.52	
6	6	Miami-Dade Tax Collector	02/06/24	NAV Taxes	$	29,855.71		$	(292.24)	$	(632.16)	$	28,931.31	$  1,725.56	$	12,545.40	$	2,522.85	$  13,061.90	$  4,116.81	$ 12,157.00	$	-	$  12,657.50		$  12,657.50	
7	Int - 1	Miami-Dade Tax Collector	02/27/24	Interest		$ 1,571.87			$	1,571.87	$  1,571.87				$  1,571.87					$	-	
8	7	Miami-Dade Tax Collector	03/08/24	NAV Taxes	$	17,616.41		$	(174.05)	$	(210.58)	$	17,231.78	$  1,018.22	$	7,402.42	$	1,488.59	$  7,707.18	$  2,452.09	$  7,240.79		$	7,538.90		$  7,538.90	
9	Int - 2	Miami-Dade Tax Collector	03/20/24	Interest		$  110.49			$	110.49	$	110.49				$	110.49					$	-	
10	8	Miami-Dade Tax Collector	04/10/24	NAV Taxes	$	80,079.80		$	(800.11)	$	(70.02)	$	79,209.67	$  4,628.62	$	33,649.53	$	6,766.74	$  35,034.91	$ 11,271.54	$ 33,283.90		$  34,654.23		$  34,654.23	
11	9	Miami-Dade Tax Collector	05/08/24	NAV Taxes/Interest	$	38,198.86	$ 1,205.55	$	(390.52)	$	16.61	$	39,030.50	$  3,413.45	$	16,051.16	$	3,227.80	$  16,712.00	$  6,580.86	$ 15,897.56		$  16,552.08		$  16,552.08	
12	10	Miami-Dade Tax Collector	06/10/24	NAV Taxes/Interest	$	19,836.89	$  492.52	$	(203.30)		$	20,126.11	$  1,639.09	$	8,335.46	$	1,676.22	$  8,678.64	$  3,282.11	$  8,252.10		$	8,591.90		$  8,591.90	
13	11	Miami-Dade Tax Collector	06/24/24	NAV Taxes/Interest (TC)	$	74,553.73	$ 3,354.94	$	(779.08)		$	77,129.59	$  7,591.40	$	31,333.40	$	6,362.80	$  32,621.07	$  7,515.49	$ 31,020.07	$  6,299.17	$  32,294.86		$  32,294.86	
14	Int - 3	Miami-Dade Tax Collector	07/29/24	Interest		$  474.29			$	474.29	$	474.29				$	474.29					$	-	
15									$	-										$	-	
16									$	-										$	-	
17									$	-											
18									$	-											
					$	1,767,170.49	$ 7,209.66	$  (17,113.12)	$ (60,542.72)	$ 1,696,724.31	$ 109,279.15	$  742,571.00	$  149,389.00	$ 773,141.00	$ 241,278.24	$ 709,959.68	$  6,299.17	$ 739,187.22	$	-	$ 739,187.22	

 Total Roll = $1,767,170.49 		
	Collections		Note: $1,767,157, $102,056, $742,571, $149,389 and $773,141 are 2023/2024 Budgeted
assessments before discounts and fees.	
Admin:	$102,060.50	100.00%	Note: $1,662,238, $97,043, $698,017, $140,425 and $726,753 are 2023/2024 Budgeted	
Maint:	$742,577.25		assessments after discounts and fees.	
Debt-Project Loan:	$149,389.10			
Debt-Bond:	$773,143.64			
Total	$1,767,170.49		$ 1,767,170.49	
		$	7,209.66	$ 1,696,724.31	
		$ (109,279.15)	$  (241,278.24)	
		$ (891,960.00)	$  (716,258.85)	
		$ (773,141.00)	$  (739,187.22)	
		$	-	$	0.00	

June 26, 2024

Ms. Gloria Perez District Manager
Cutler Cay Community Development District Special District Services, Inc.
The Oaks Center, 2501A Burns Road Palm Beach Gardens, FL 33410

Re: Year 2024 Cutler Cay CDD Report

Dear Ms. Perez:

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

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 the District; 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.
The District is located in Sections 2 and 3, Township 56 South, Range 40 East, in Miami-Dade County, Florida. It is bounded by Old Cutler Road on the west, SW 185 Terrace and undeveloped land on the north, Biscayne Bay on the east, and SW 196 Street on the south. The development is located within Zip Code 33157. See Exhibit 1.

Infrastructure Ownership and Maintenance Responsibilities.
General
The CDD owns the land and improvements within the tracts shown in Exhibit 1. These tracts and improvements were granted in 2008 to the District by Shoma Development Corporation (the “Developer”) and by The Cutler Cay Homeowners Association, Inc. (the “HOA”) via Quit-Claim deeds recorded at ORB 26735, PG 1457 and ORB 26735, PG 1455, respectively.
The portions of Old Cutler Road and SW 196 Street that lie within the development were dedicated to Miami-Dade County by the recording of the plat titled “Cutler Cay” in Plat Book 162, Page 23.

The water and sanitary sewer systems were completed and conveyed to Miami-Dade County for ownership and maintenance.
Maintenance Responsibilities of CDD-Owned Facilities
The CDD and the HOA entered into a maintenance agreement dated May 26, 2021, which will expire at the end of the 2024-2025 Fiscal Year on September 30, 2025. The CDD and the HOA have entered into a new 2-year, renewable maintenance agreement dated June 10, 2024 to begin on October 1, 2025 at the expiration of the 2021 agreement. The maintenance responsibilities of the CDD and HOA described in the 2021 and 2024 agreements are summarized in the table below:

1

Cutler Cay CDD 2024 Report

Maintenance Responsibilities of CDD-Owned Facilities.	
(Refer to Exhibit 1 for Location)	
Tract ID	Acreage	CDD
Ownership	Improvements Maintenance Responsibility	
			CDD	HOA	

A	

32.02	Land, Roads, Drainage, Sidewalks, Guardrails, Signs, Pavement Markings, Retaining Perimeter Wall and Fence at SW 78 Ave (from
195 Terr to 194 Terr), Lighting, Landscaping, Irrigation, Security Guardhouse Structure with Gates and Equipment, North Entry
Features, South Entry Fountain.	

Roads, Drainage, Sidewalks, Guardrails, Signs, Pavement Markings, Retaining Perimeter Wall and Fence at SW 78 Ave (from 195 Terr to 194 Terr), Lighting, Security Guardhouse Structure, North Entry Features, South Entry Fountain.	

Landscaping, irrigation, security gates at the guardhouse, security equipment, interior guardhouse components, and regular janitorial services within the guardhouse.	

B	

33.05	Land, Lake, Fountain, Drainage Outfalls, Guardrails,
Landscaping, Irrigation.	

Lake (water), Drainage Outfalls, Guardrails, Fountain.	

Landscaping, Irrigation (lake banks).	

C	

1.821	Land, Lake, Drainage Outfalls, Guardrails,
Landscaping, Irrigation.	
Lake (water), Drainage Outfalls, Guardrails.	
Landscaping, Irrigation (lake banks).	

G	

1.753	Land, Drainage, Retaining Perimeter Wall and Fence on the East Side of the Tract,
Landscaping, Irrigation.	

Drainage, Retaining Perimeter Wall and Fence on the East Side of the Tract.	

Landscaping, Irrigation.	

Alvarez Engineers, Inc.
FL Certificate of Authorization No. 7538 8935 NW 35 Lane, Suite 101, Doral, FL 33172
Telephone (305) 640-1345 Fax (305) 640-1346 E-Mail: Juan.Alvarez@AlvarezEng.com
2

Cutler Cay CDD 2024 Report

Maintenance Responsibilities of CDD-Owned Facilities.	
(Refer to Exhibit 1 for Location)	
Tract ID	Acreage	CDD
Ownership	Improvements Maintenance Responsibility	
			CDD	HOA	
H	0.588	Land, Landscaping,
Irrigation.	-	Landscaping, Irrigation.	

I	
1.109	Land, Drainage, Decorative Wall, Landscaping, Irrigation.	
Drainage, Decorative Wall.	
Landscaping, Irrigation.	

J	
0.048	Land,
Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

K	
0.048	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

N	

1.849	Land, Pond, Guardrails, Decorative Wall on Old Cutler
Rd, Landscaping, Irrigation.	

Pond (water), Guardrails, Decorative Wall on Old Cutler Road.	

Landscaping, Irrigation (pond banks).	

O	

2.188	Land, Pond, Guardrails, Decorative Wall on Old Cutler
Rd, Landscaping, Irrigation.	

Pond (water), Guardrails, Decorative Wall on Old Cutler Road.	

Landscaping, Irrigation (pond banks).	

P	

0.438	Land, Guardrails, Retaining Wall at SE Corner of Tract,
Landscaping, Irrigation.	

Guardrails, Retaining Wall at SE Corner of Tract.	

Landscaping, Irrigation.	

Q	
0.021	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

R	
0.023	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

S	
0.398	Land,
Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

T	
0.052	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

Cutler Cay CDD 2024 Report

Maintenance Responsibilities of CDD-Owned Facilities.	
(Refer to Exhibit 1 for Location)	
Tract ID	Acreage	CDD
Ownership	Improvements Maintenance Responsibility	
			CDD	HOA	

U	

0.203	Land, Guardrails, Retaining Perimeter Wall and Fence on SW 74 Ave,
Landscaping, Irrigation	

Guardrails, Retaining Perimeter Wall and Fence on SW 74 Ave	

Landscaping, Irrigation.	

V	
1.298	Land, Decorative Wall on Old Cutler Road, Landscaping,
Irrigation	
Decorative Wall on Old Cutler Road.	
Landscaping, Irrigation.	

W	

0.122	Land, Decorative Wall on Old Cutler Road,
Landscaping, Irrigation	

Decorative Wall on Old Cutler Road.	

Landscaping, Irrigation.	
X	0.083	Land, Landscaping, Irrigation.	-	Landscaping, Irrigation.	

A-A	
0.153	Land,
Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

B-B	
0.144	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

C-C	
0.058	Land, Landscaping, Irrigation.	
-	
Landscaping, Irrigation.	

State, Working Order and Condition of the Infrastructure Currently Owned by the District.
Roads and Road Components, Walls, Fences, Structures, Landscaping and Irrigation. The roads and other CDD-Owned facilities listed above in Section 1.b. are in good working order and condition.
Stormwater Management System, Lakes, Ponds, Drainage and Open Areas
Except for the drainage repairs described below, the drainage and stormwater management facilities listed above in Section 1. b. are in generally good working order and condition.

Cutler Cay CDD 2024 Report

The CDD has engaged Headley Construction to undertake the Phase II Drainage repairs to the storm drainage system that drains the loop of SW 77 PL, SW 193 St, SW 76 Ct and SW 193 LN, where complaints have been received.

The CDD has completed the Priority 1 (Phase 1) shoreline restoration of the lake within Tract "B," following Landshore Enterprises’ Lake Erosion Analysis.

Water and Sewer Systems
The water and sewer systems were completed and conveyed in good working order and condition to Miami-Dade County for ownership and maintenance.

Issues with the systems 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 Fiscal Year budget has the following amounts for maintenance expenditures:

2024-2025 Proposed Budget for Maintenance	
Contingency/Reserve	$200,000	
Lakes Maintenance	$12,000	
Roads Maintenance/Reserve	$50,000	
Stormwater Drainage Maintenance/Reserve	$40,000	
Stormwater Drainage System Pipes Repairs Project - Phase 2	$0	
Field Operations	$12,000	
Walls & Wall Fountain Maintenance	$30,000	
Sidewalk Maintenance/Repairs	$15,000	
Engineering/Inspections	$45,000	
Street Signage	$5,000	
Lake Fountain Maintenance	$15,000	
Entry Features Maintenance	$15,000	
Guardhouse Exterior Maintenance	$10,000	
Water & Sewage	$2,500	
FPL - Street Lighting Project	$0	
FPL - Electrical Utility	$110,000	
DERM Required Stormwater Quality Improvement Project	$120,000	
Retention Wall Maintenance/Reserve	$0	
Security	$460,000	

Cutler Cay CDD 2024 Report

Landscaping	$300,000	
Total	$1,441,500	

For more detailed information on the 2024-2025 budget, please visit the District’s website at the following link:

http://cutlercaycdd.org/financials/
Alvarez Engineers finds the District’s maintenance budget for Fiscal Year 2024-2025 adequate, and recommends considering the following suggestions for future budgets:

District Roads
Funds will be needed to replace the wearing roadway asphalt layer in about 10 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 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 10 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 $6)	Future Replacement Cost @ End of Service Life*	
Annual Interest Rate	
Annuity to Finance (FC) in (n) Years given (i)	
From	To		(n)	Quantity
(SY)	Unit Cost
($/SY)	(PC)	(FC)	(i)	FCi/((1+i)^n-1)	
2004	2034	2024	10	10,800	$8.00	$86,400	$118,627	0.25%	$11,730	
* 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	2034	2024	10	10,800	$1.00	$10,800	$14,828	0.25%	$1,466	
* Using Florida Department of Transportation Inflation Factors					
Stormwater Management System
The following is a suggested 5-year cyclical program for servicing the inlets, manholes, pipes and French drains of the drainage system. 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

Cutler Cay CDD 2024 Report

been serviced. The table below shows the estimated amount that would need to be budgeted yearly to service the 325 drainage structures and 18,680 Linear Feet of pipes in the District. The program may be financed yearly or in one lump sum when needed, or at any other period combination, 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				
325	18680	65					$225.00	$6.70	$39,700	
			65				$230.00	$6.90	$40,800	
				65			$235.00	$7.40	$43,000	
					65		$240.00	$8.10	$45,900	
						65	$245.00	$9.20	$50,300	

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
Alvarez Engineers has reviewed the District’s general liability, property, hired non-owned auto, employment practices liability, public officials liability coverage and deadly weapon protection insurance policy provided by Florida Insurance Alliance under Agreement No. 100123030, for the period between October 1, 2023 and October 1, 2024. The District has budgeted enough funds to cover the $13,272 insurance premium.

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, public documents available and communications with the District’s field staff.

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

Digitally signed by Juan R Alvarez Date: 2024.06.26 14:53:33 -04'00'

Juan R. Alvarez, PE District Engineer Date: June 26, 2024

This item has been digitally signed and sealed by Juan R. Alvarez, PE on June 26, 2024.

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

I

,­

►
II:

z
:,

0

Ill
Cl Cul

COD BOUNDARY

Tract N

Tract A

<I

:,

Czl

g
Cl Cul

Tract V
Tract I

Tract A

act U

Tract A

Tract A-A

act B-B

act C-C

Tract C

Tract A

Tract X

Tract H

SW  196	ST  Tract A

Tract K	Tract J

COD BOUNDARY

Tract

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

LEGEND:

-

D D D

TRACT "A" (PB 162, PG 23)
FOLIO: 36-6003-034-5060
(QCD ORB 26735, PG 1455) CATEGORY: ROAD
TRACTS "B" AND "C" (PB 162, PG 23)
FOLIO: 36-6003-034-5070
(QCD ORB 26735, PG 1455)
CATEGORY: STORMWATER MANAGEMENT SYSTEM

TRACTS "G", "H", "I", "J", "K", "N", "O", "P", "Q", "R", "S", "T", "U", "V", "W", "X", "AA", "BB", AND "CC" (PB 162, PG 23)

I

FOLIO"36-6003-034-5060 (QCD ORB 26735, PG 1455)
CATEGORY: COMMON AREAS

ALVAREZ ENGINEERS, INC.
CUTLER CAY CDD
CDD LAND OWNERSHIP

EXHIBIT 1

0	0'

-100'

400'	65
,J

8

5//9/2022 P:\031IOI - Cutler Cay CDD\Yearly reports\2022 Report\001-CADD\EXHIB!T-03.dgn	Page 66

8935 NW 35 Lane, Suite 101 Doral, FL 33172
Tel (305) 640-1345
Email Alvarez@AlvarezEng.com

November 04, 2024

Reference:	Permitting & Lake Shoreline Restoration Priority I Phase I in the Cutler Cay Community Development District
Completion Certification

To whom it may concern:
To the best of my knowledge and belief, and based on field observations and information attached to this letter, the Lake Shoreline Restoration Priority I Phase I of the referenced project was completed on August 12, 2024 in substantial compliance with the recommendations outlined in the Erosion and Sedimentation Control Plan and the permit report. Any minor deviations will not prevent the project from functioning in compliance with the intended requirements.

Alvarez Engineers, Inc.

Juan R Alvarez

Digitally signed by Juan R Alvarez Date: 2024.11.04
13:28:32 -05'00'

This Item has been signed and
sealed by Juan R. Alvarez, PE on November 04, 2024.

Juan R. Alvarez, PE District Engineer

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

Attachments: Erosion and Sedimentation Control Plan, Permit report, Erosion Control Element Maintenance Plan.

STA. 47+11

44

STA. 47+63

STA. 48+14

46

PHASE  STATIONS LENGTH PRIORITY  EROSION CONTROL ELEMENT
LEVEL	Legend
8+41	PROPOSED 8' SHOREFLEX EROSION	FINISH PHASE 1 &
TO  1763  1	CONTROL MAT, C125 EROSION	BEGIN PHASE 2
26+04	CONTROL BLANKET OR SIMILAR, AND	PRIORITY LEVEL 1: HIGH (PHASE 1 & 2)
ST AUGUSTINE SOD OR SIMILAR	ALIGNMENT: BL
26+04	PROPOSED 8' SHOREFLEX EROSION	STA 26+04
TO  1743  1	CONTROL MAT, C125 EROSION	OFFSET 0.00' ()
43+47	CONTROL BLANKET OR SIMILAR, AND 0	100	200	SHOREFLEX ARMORED CONCRETE MAT
ST AUGUSTINE SOD OR SIMILAR
Note:	Feet	NOTE: PHASE 2 NOT PART OF PERMIT
Priority level 1: High, is considered the areas where it is recommended
immediate remediation.	SCALE: 1" = 120
Phase 2 not part of permit.

TEMPORARY SITE BENCHMARK LANDSHORE TBM # 127
NAIL & WASHER NORTHING: 457871.3730
EASTING: 880651.3220 ELEV (NAVD88): 6.52 FT

PROPOSED SHOREFLEX  3
16

5
27

LAKE 1
PROPOSED SHOREFLEX  3	O.W.T.
16 5	0.76'
27	5/11/2022

BEGIN PHASE 1 ALIGNMENT: BL STA 8+41
OFFSET 1.07' (R)

45

BY:	© Erosion Restoration, LLC.	
REVISIONS		Landshore Enterprises, LLC	 118 Shamrock Blvd., Environmental Engineering, Erosion	 Venice, FL 34293 Control & Construction Management	Office: 941-303-5238
d/b/a Erosion Restoration, LLC	Fax: 941-218-6113

"Your Shoreline Protection Specialists"	ENGINEER OF RECORD PIETER M. LOMBARD, P.E. FL LIC. No. 66596
THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PIETER M. LOMBARD ON THE DATE ADJACENT TO THE SEAL.
PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED
SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.	
EROSION CONTROL ELEMENT PLAN	PROJECT NO.
2022-043	SHEET
Z-206	SHEET/OF
9 / 21	
DATE	BY	DESCRIPTION								
										
							DRAWN BY:
NV	DATE:
See Date on Seal	SCALE:
1" = 120	

REVISIONS

BY

SCALE:
AS SHOWN

DATE:
See Date on Seal

DRAWN BY:
NV

DESCRIPTION

DATE

SHEET/OF
15/ 21

SHEET
Z-403

PROJECT NO.
2022-043

AS-BUILT CROSS SECTIONS

ENGINEER OF RECORD PIETER M. LOMBARD, P.E. FL LIC. No. 66596
THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PIETER M. LOMBARD ON THE DATE ADJACENT TO THE SEAL.
PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.

118 Shamrock Blvd.,
Venice, FL 34293
Office: 941-303-5238
Fax: 941-218-6113

Landshore Enterprises, LLC
Environmental Engineering, Erosion Control & Construction Management d/b/a Erosion Restoration, LLC
"Your Shoreline Protection Specialists"

© Erosion Restoration, LLC.

BY:

35

30

10	15	20	25
XS 16 (STATION 19+22)
Scale:  1" = 10' Vertical
1" = 10' Horizontal).

5

0

45

40

20	25	30	35
XS 15 (STATION 18+19)
Scale:  1" = 10' Vertical
1" = 10' Horizontal).

15

30

15	20	25
XS 14 (STATION 17+07)
Scale:  1" = 10' Vertical
1" = 10' Horizontal).

10

5

0

-10

-10
10

35

-10

-5

-5

-5

3

16 PROPOSED SHOREFLEX

EL -1.01

3 PROPOSED SHOREFLEX

16

EL -0.64

EL -0.32

3 PROPOSED SHOREFLEX

16

0

0

0

EL 2.33

EL 2.66

O.W.T. EL 0.76

O.W.T. EL 0.76

O.W.T. EL 0.76

O.W.T. EL 0.78

D.W.T. EL 0.78

5

D.W.T. EL 0.78

5

5

EL 4.25

10

10

10


15



15


15

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

35

30

10	15	20	25
XS 13 (STATION 15+94)

5

0

25

20

5	10	15

XS 12 (STATION 14+56)

0

-5

-5

-10

-10
-10

25

20

5	10	15

XS 11 (STATION 13+46)

0

-10
-10

-5

-5

-5

EL -0.85

3 PROPOSED SHOREFLEX

16

3 PROPOSED SHOREFLEX

16

3 PROPOSED SHOREFLEX

16

EL -0.14

EL -0.06

0

0

0

EL 3.25

O.W.T. EL 0.76

D.W.T. EL 0.78

O.W.T. EL 0.78

O.W.T. EL 0.76

5

EL 2.00

D.W.T. EL 0.76

5

D.W.T. EL 0.78

5

FILLED BY OTHERS / PROPERTY OWNER

EL 2.19

10

10

10

PALM TREE PLANTED BY OTHERS / PROPERTY OWNER


15



15



15

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

Scale:  1" = 10' Vertical
1" = 10' Horizontal).

30

10	15	20	25

XS 10 (STATION 11+92)

5

0

-10
-5

30

25

10	15	20

XS 9 (STATION 10+83)

5

0

-10
-5

30

25

20

15

XS 8 (STATION 8+98)

5	10

0

-10
-5

-5

-5

-5

3 PROPOSED SHOREFLEX

16

3 PROPOSED SHOREFLEX

16

3 PROPOSED SHOREFLEX

16

EL -0.45

EL -0.31

0

0

0

EL -0.06

O.W.T. EL 0.76

EL 2.14

5

O.W.T. EL 0.76

D.W.T. EL 0.78

D.W.T. EL 0.78

5

D.W.T.
EL 0.78 O.W.T.
EL 0.76

EL 3.00

EL 3.44

5

10

10

10



15



15



15

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

REVISIONS

BY

SCALE:
AS SHOWN

DATE:
See Date on Seal

DRAWN BY:
NV

DESCRIPTION

DATE

SHEET/OF
15/ 21

SHEET
Z-404

PROJECT NO.
2022-043

AS-BUILT CROSS SECTIONS

ENGINEER OF RECORD PIETER M. LOMBARD, P.E. FL LIC. No. 66596
THIS ITEM HAS BEEN DIGITALLY SIGNED AND SEALED BY PIETER M. LOMBARD ON THE DATE ADJACENT TO THE SEAL.
PRINTED COPIES OF THIS DOCUMENT ARE NOT CONSIDERED SIGNED AND SEALED AND THE SIGNATURE MUST BE VERIFIED ON ANY ELECTRONIC COPIES.

118 Shamrock Blvd.,
Venice, FL 34293
Office: 941-303-5238
Fax: 941-218-6113

Landshore Enterprises, LLC
Environmental Engineering, Erosion Control & Construction Management d/b/a Erosion Restoration, LLC
"Your Shoreline Protection Specialists"

© Erosion Restoration, LLC.

XS 23 (STATION 25+31)
Scale:  1" = 10' Vertical
1" = 10' Horizontal).

BY:

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

-5

-5

EL -0.78

EL -0.50

3 PROPOSED SHOREFLEX

16

3 PROPOSED SHOREFLEX

16

0

0

O.W.T. EL 0.76

D.W.T. EL 0.78

O.W.T. EL 0.76

5

D.W.T. EL 0.78

5

EL 3.58

EL 2.80

10

10

15	15

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

1" = 10' Vertical
1" = 10' Horizontal).

Scale:

30

10	15	20	25

XS 21 (STATION 23+66)

5

0


-10
-5

30

10	15	20	25

XS 20 (STATION 22+59)

5

0


-10
-5

-5

-5

3 PROPOSED SHOREFLEX

16

EL -0.20

3 PROPOSED SHOREFLEX

16

0

0

EL 2.00

O.W.T. EL 0.76

D.W.T. EL 0.78

5

D.W.T.
EL 0.78 O.W.T.
EL 0.76

5

10

10



15



15

Scale:  1" = 10' Vertical
1" = 10' Horizontal).

Scale:  1" = 10' Vertical
1" = 10' Horizontal).

Scale:  1" = 10' Vertical
1" = 10' Horizontal).

25

20

5	10	15

XS 19 (STATION 21+43)

0

-5

-10
-10

25

20

5	10	15

XS 18 (STATION 20+99)

0

-5

-10
-10

35

30

20	25

XS 17 (STATION 20+40)

10	15

5

0

-10

-5

-5

-5

EL -1.82

3

16 PROPOSED SHOREFLEX

3

16 PROPOSED SHOREFLEX

EL -0.84

3 PROPOSED SHOREFLEX

16

0

0

0

D.W.T.
EL 0.78 O.W.T.
EL 0.76

O.W.T. EL 0.76

EL 2.47

5

D.W.T. EL 0.78

5

O.W.T. EL 0.76

O.W.T. EL 0.78

5

EL 2.10

10

10

10



15



15


15

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

ELEVATION (FT - NAVD88)

-10								-10		
-5	0	5	10	15
XS 22 (STATION 24+42)	20	25	30	-5	0	5	10	15	20	25	30	

Best,
David Perez
Permit Clerk
Community Development Department
Town of Cutler Bay
10720 Carribean Blvd., Suite 230 Cutler Bay, Florida 33189
Tel: (786) 573-5513
Fax: (305) 234-5873
www.cutlerbay-fl.gov Facebook Instagram Twitter Youtube

Please Consider the environment before printing this e-mail
PLEASE NOTE: Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.

Landshore Enterprises, LLC
Soil Erosion Control & Shoreline Restoration Experts
Shoreline stabilization/Environmental Engineering/Construction Management
d/b/a Erosion Restoration, LLC

EROSION CONTROL ELEMENT MAINTENANCE PLAN CUTLER CAY COMMUNITY DEVELOPMENT DISTRICT RESTORATION OF SHORELINE FOR LAKE – PHASE I

Purpose
To describe the maintenance plan for the erosion control element recently installed as part of the Restoration of Shoreline on the lake within the Cutler Cay Community Development District.

General-Erosion Control Element
The erosion control element installed on the lake shorelines is Shoreflex®.

Shoreflex®: Shoreflex® is a permanent erosion prevention system that can be installed to shield channel side slopes and beds, pipe and culvert inlets/outlets, shoreline, and all most any place you may have hydraulic erosion protection needs. Shoreflex® is a high strength geogrid encapsulated in a matrix of 5,000 psi concrete blocks spaced
1.5” apart and attached to an erosion control blanket or high-performance turf reinforcement mat.
Source: www.Shoreflex.com

After installation:
To minimize exposure to unwanted maintenance and repair, Shoreflex® armored slopes should be free of unauthorized vehicular traffic.
Routine maintenance and slope inspections should be performed with rubber-tired vehicles. Tracked equipment such as skid steers, excavators, or dozers should only be allowed to traffic over the mattress in times of emergency after vegetation establishment is complete.
Failure to control unauthorized traffic can result in the mattress being damaged resulting in erosion below the Shoreflex® during storm events.
In addition, routine mowing maintenance should be used to keep the protected area free of unwanted brush, saplings, and trees.
Selective herbicides that target only the unwanted plants can be used as long as the vegetation established.
Failure to control the sapling and tree growth can result in the tree roots damaging the mattress.

General-Sod

Landshore Enterprises, LLC
Soil Erosion Control & Shoreline Restoration Experts
Shoreline stabilization/Environmental Engineering/Construction Management
d/b/a Erosion Restoration, LLC

After the sod has been installed it is very important to keep it healthy. During the first few weeks, if possible, avoid heavy or concentrated use of the newly installed sod. This gives the roots an opportunity to firmly knit with the soil and ensures that the turf will remain smooth.

Watering the sod:
Water the sod every day for 30-45 minutes per zone or as needed, for the first 3 to 4 weeks after installation. During the hotter or drier months, you might have to water twice a day.
Watering should be done as early in the morning as possible to take advantage of the daily start of the grass’ normal growth cycle and to decrease the chance of fungus growth on your new lawn.
If temperature approaches 100F or high winds are consistent for more than half of the day, light sprinkling of the lawn is suggested.
Too much water can ruin sod just as fast as too little. If the lead blade is wilting the lawn needs more water, if the lawn is still damp at night it needs less. Footprints that still appear after a half-hour or more on the lawn are a sign that the sod is not getting enough water. On a well-watered lawn, footprints will completely disappear within minutes.
Make sure that water is getting to all areas of the new grass, as corners and edges are sometimes missed by the sprinkler system.
Established Sod Shoreflex®:
Good sod cover will ensure maximum performance of the Mattress.
Sod cover should be given every opportunity to grow and establish well.
For the entire lifecycle of the mattress, every effort must be made to prevent unauthorized encroachments, grazing, vehicle traffic, the misuse of chemicals, or burning during inappropriate seasons.
Implement best practices for mowing:
Note: Mowing should not be done until the sod has fully taken root. This can take anywhere from 2 to 6 weeks.
Minimum mowing heights will depend on the vegetation density and should be as follows:
6” with 0 – 30% vegetation establishment
4” with 30 – 70% vegetation establishment
3” with 70 – 100% vegetation establishment
To prevent damage to the newly established vegetation, the mowing tractor should be fitted with 3-rib agriculture tires. Note that tractors with 8-foot flail mowers provide best results. Tractors with 15-foot brush hogs should avoid sharp turns up the slope to prevent damage to vegetation.
Mowing should not take place for a minimum of 48 hours after a rainfall event of 2 inches or more to minimize the potential for rutting and/or damage to the slope surface. Maintenance mowing of the slope should be done on a consistent basis to prevent vegetation growing unsightly. If turn-around pads are present, operate mowing equipment fully utilizing the turn-around pads.
Please refer to the drawing attached to this maintenance plan.

Landshore Enterprises, LLC
Soil Erosion Control & Shoreline Restoration Experts
Shoreline stabilization/Environmental Engineering/Construction Management
d/b/a Erosion Restoration, LLC

After the project is complete, it is the responsibility of the Owner to maintain and upkeep all Shoreflex® installed areas for long term performance and best results as described herein for superior slope protection.

Overall

Shoreflex®
Maintaining the Shoreflex® will follow the above-mentioned guidelines in addition to the following special notes:
For Shoreflex®, where there might be any removal of the mattress or digging, it is recommended that the area be recovered with filter fabric and the concrete be properly re-secured.
This is a particular point for the lake, as this lake has several homes that have irrigation systems that pull from the lake. Those irrigation lines run through the Shoreflex® and in some cases over the top.

refl

rimming/Mowing

SOD TO DWT

HCUTTER OR

Sod on Sho

T

ALTERNATE PATH OF MOWER ON A CUT BASIS TO AVOID FORMING RUTS.
MOW 2-3 FEET FROM EDGE OF WATER.
MATCHING EXISTING	3.0'
GRADE

BRUSHCUTTER OR STRING TRIMMER THE LOWER 2-3 FEET FROM WATERS EDGE.

EL

SOD TO DWT

SHOREFLEX

Trimming/Mowing Sod o  Shoreflex

AVOID MOWING TOO CLOSE TO SHORELINE WITH RIDE ON MOWER. KEEP 2-3 FEET FROM EDGE OF WATER.

MATCHING EXISTING	BRUSHCUTTER OR
GRADE	STRING TRIMMER

STRING CONTACT POINT TO AVOID

EL

SOD TO DWT

SHOREFLEX

© Erosion Restoration, LLC.	
REVISIONS		Landshore Enterprises, LLC Environmental Engineering, Erosion Control & Construction Management
d/b/a Erosion Restoration, LLC

"Your Shoreline Protection Specialists"	6555 N. Powerline Road, Ste. #302 Fort Lauderdale, FL 33309
Tel: 954-327-3300, Fax: 954-533-1556
118 Shamrock Blvd.
Venice, FL 34293
Office: 941-303-5238
Fax: 941-218-6113
Web site: https://landshore.com E-mail: info@landshore.com	

Trimming Sod on Shoreflex	PROJECT NO.	SHEET
1	OF
1	
DATE	BY	DESCRIPTION								

MR	
10/31/2024	
N.T.S	

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)

AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS
In compliance with Section 787.06 (13), Florida Statutes, this attestation must be completed by an officer or representative of a nongovernmental entity that is executing, renewing, or extending a contract with 	Community Development District (the “Governmental Entity”).

The undersigned, on behalf of the entity listed below (the “Nongovernmental Entity”), hereby attests under penalty of perjury as follows:

Neither the Nongovernmental Entity nor any of its subsidiaries or affiliates uses coercion for labor or services, as such italicized terms are defined in Section 787.06, Florida Statutes, as may be amended from time to time.
If, at any time in the future, the Nongovernmental Entity uses coercion for labor or services, it will immediately notify the Governmental Entity, and no contracts may be executed, renewed, or extended between the parties.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.
The Affiant is authorized to execute this Affidavit on behalf of the Nongovernmental Entity.

FURTHER AFFIANT SAYETH NAUGHT.

NONGOVERNMENTAL ENTITY:		 NAME: 	
TITLE: 			 SIGNATURE: 				 DATE: 	, 20	

STATE OF FLORIDA
COUNTY OF 	

SWORN TO (or affirmed) and subscribed before me by means of [	] physical presence or [		] online	notarization,	this			day	of				20	,	by
	 in his/her capacity as 	 for
	(name of Nongovernmental Entity).

NOTARY PUBLIC

	Personally Known	OR
	Produced Identification

Type of Identification Produced