Poinciana 

Community Development District 

 

Agenda Package 

 

July 19, 2023 

 

 

 

 

 

 

 

 

 

 

 

 


July 12, 2023 

 

Board of Supervisors 

Poinciana Community 

Development District 

 

Dear Board Members: 

 

The Board of Supervisors of Poinciana Community Development District will meet Wednesday, 
July 19, 2023 at 11:00 a.m. at the Starlite Ballroom, 384 Village Drive, Poinciana, Florida. 

 

Zoom Information for Members of the Public: 

Link: https://zoom.us/j/93704992274 

Dial-in Number: (646) 876-9923 

Meeting ID: 937 0499 2274 

 

Following is the advance agenda for the meeting: 

 

1. Roll Call 
2. Pledge of Allegiance 
3. Public Comment Period on Agenda Items 
4. Approval of Minutes of the May 17, 2023 Meeting 
5. Public Hearing 
A. Consideration of Resolution 2023-03 Adopting the Fiscal Year 2023 Budget and 
Relating to the Annual Appropriations 
B. Consideration of Resolution 2023-04 Imposing Special Assessments and 
Certifying an Assessment Roll 



6. Consideration of Resolution 2023-05 Appointing an Assistant Treasurer 
7. Review and Acceptance of Annual Engineer’s Report 
8. Discussion of CDD/HOA Workshop Date and Agenda Items 
9. Staff Reports 
A. Attorney 
i. Presentation of Memo Regarding Ethics Training for Elected Officials and 
Other Legislative Updates 



B. Engineer 
C. District Manager 
i. Action Items List 









ii. Approval of Check Register 
iii. Balance Sheet and Income Statement 
iv. Approval of Fiscal Year 2024 Meeting Dates 



D. Field Manager’s Report 
i. Customer Complaint Log 








10. Supervisor’s Requests 
11. Other Business 
12. General Audience Comments 
13. Next Meeting Date – August 16, 2023 
14. Adjournment 


 

Sincerely, 

Tricia L. Adams 

Tricia L. Adams 

District Manager 


MINUTES OF MEETING 

POINCIANA 

COMMUNITY DEVELOPMENT DISTRICT 

 

 The regular meeting of the Board of Supervisors of the Poinciana Community 
Development District was held on Wednesday, May 17, 2023 at 11:00 a.m. via Zoom 
Communication Media Technology and in the Starlite Ballroom, 384 Village Drive, Poinciana, 
Florida. 

 

 Present and constituting a quorum were: 

 

 Lita Epstein Chair 

 Tony Reed Vice Chair 

 Robert Zimbardi Assistant Secretary 

 Anita Nelson Assistant Secretary 

 Jon Cameron Assistant Secretary 

 

 

 Also present were: 

 

 Tricia Adams District Manager 

 Jan Carpenter District Counsel 

 Kathy Leo District Engineer 

 Clayton Smith Field Manager 

 Rick McKelvey Solivita Wildlife Club 

 

 

 The following is a summary of the discussions and actions taken at the May 17, 2023 
Poinciana Community Development District’s Board of Supervisors Meeting. 

 

FIRST ORDER OF BUSINESS Roll Call 

 Ms. Adams called the meeting to order and called the roll at 11:00 a.m. All Supervisors 
were present. 

 

SECOND ORDER OF BUSNESS Pledge of Allegiance 

 The Pledge of Allegiance was recited. 

 


THIRD ORDER OF BUSINESS Public Comment Period on Agenda Items 

 Ms. Epstein opened the public comment period. There being none, Ms. Epstein closed the 
public comment period. 

 

FOURTH ORDER OF BUSINESS Approval of Minutes of the March 15, 
2023 Meeting 

Ms. Adams presented the minutes from the March 15, 2023 meeting, which were 
included in the agenda package. Corrections were received by Ms. Nelson, prior to publication of 
the agenda package. 

 

On MOTION by Ms. Nelson seconded by Mr. Zimbardi with all in 
favor the Minutes of the March 15, 2023 Meeting were approved 
as amended. 

 

FIFTH ORDER OF BUSINESS Consideration of Resolution 2023-02 
Approving the Proposed Fiscal Year 2024 
Budget and Setting a Public Hearing 

 Ms. Adams presented Resolution 2022-08, which approved the proposed budget for 
Fiscal Year (FY) 2024 and sets the public hearing for July 19, 2023 at 11:00 a.m. at this location. 
It also allowed for the statutory compliance of submitting a Proposed Budget to Polk County, 
posting on the CDD’s website and notice publication in accordance with Florida Statutes. 
FY2024 starts the next budget cycle on October 1, 2023, and runs through September 30, 2024. 
The Board had the ability to amend the budget through adoption; however, the amount set today 
was the high watermark, meaning that the proposed operation and maintenance (O&M) fee could 
not be increased. Ms. Adams highlighted the following under the Administrative Budget: 

• There was no assessment increase as the Proposed Amount for FY 2024. 
• For Administrative Expenditures, the amount adopted for FY 2023 was $150,431 
and $148,528 was proposed for FY 2024. 
• There was no Dissemination fee as the Trust Indenture no longer required 
dissemination reporting. 
• Annual Audit increased slightly from $3,500 to $3,600, based on the Annual 
Audit Agreement. 
• Management Fees increased by 3% from $42,000 to $43,260. 



• Insurance increased from $7,825 to $8,062, based on the estimate for the public 
official’s liability insurance for the District. 


 Ms. Adams reported under Revenues, a Carry Forward Surplus of $57,962 was 
recognized to balance the budget and there would be a transfer out to the newly established 
Capital Reserve Fund, for future significant repairs or replacement of infrastructure. Ms. Nelson 
asked if there were any restrictions to using the funds. Ms. Adams noted for funds can be used 
for Governmental purposes, there were no other restrictions. Ms. Epstein agreed that it was a 
good idea. Ms. Adams noted substantive increases in the O&M or field expenses, based on 
property yet to be conveyed to the District by Taylor Morrison (TM). There was an application 
from January 11, 2022 that was under review. District Counsel was reviewing legal paperwork 
related to the property conveyance, the District Engineer was working on the field evaluations 
and field staff was obtaining proposals for servicing the areas. Ms. Adams highlighted the 
following regarding the O&M Budget: 

• Field Services increased by 3% from $10,300 to $10,609. 
• Property Insurance increased from $10,038 to $13,116, based on insurance 
estimates. 
• Landscape Maintenance increased from $170,352 to $203,955, due to a 3% 
proposed increase for existing property and increase in scope to include new areas 
and Aquatic Control Maintenance increased from $127,403 to $147,569, based on 
the same. 
• Aquatic Midge Management increased from $176,721 to $215,454. 


 Mr. Reed asked if Clarke performed the aquatic midge management. Ms. Adams 
confirmed that Floralawn performed the landscape maintenance, Solitude performed the aquatic 
maintenance and Clarke performed midge management services. Mr. Zimbardi did not feel that 
the increase was justified as the new areas had half or less landscaping as the old areas. Ms. 
Epstein understood that it was just for pond mowing. Mr. Zimbardi requested an explanation of 
how much area was being mowed and suggested holding off until after October in the hopes that 
TM continued to maintain these areas. Mr. Smith explained that the District currently maintained 
64 ponds and were adding 21 ponds and a canal. The amount was based on the current rate 
charged by Floralawn and included some common areas that the District was not going to take 
ownership of. TM only provided estimates for aquatic and landscape maintenance, but not midge 


maintenance; however, the formula was similar in determining all three services. The vendor 
charged per square foot based on their mapping system. Mr. Zimbardi felt that the level of 
support by TM was not what the District needed and did not meet the general requirements or 
expectations of the Board. Mr. Reed felt that the Board did not have any options and the District 
would have to absorb it. Mr. Smith pointed out if the Board did not feel that the vendor’s pricing 
was fair, they should consider another landscaper, which he did not recommend in this situation, 
as their price for 21 ponds was accurate. 

 Mr. Zimbardi asked if the contingency assumed every pond would need midge control. 
Mr. Smith explained that there were ponds that received midge complaints in the new area and 
the contingency took into account that some ponds would need to be added for larvicide, but all 
ponds would receive fogging and spot treatments. If they were to add every pond for larvicide, 
the contingency would probably be higher, but if none were receiving larvicide, the amount 
would be lower. Mr. Cameron noted there was total O&M of $662,247 and a Transfer Out – 
Capital Reserve of $50,000 and questioned where the Total Other Expenditures amount of 
$860,775 came from. Ms. Adams explained that the $860,775 included Administrative, O&M 
and Transfer Out - Capital Reserve. Mr. Cameron questioned why actuals were through March 
versus April. Ms. Adams noted that they received the bank statements the first week of the 
month for the prior month and not all expenses hit for April at the time the proposed budget was 
prepared. 

• Transfer Out - Capital Reserve for the next six months was projected at $100,000 
for the current fiscal year from the General Fund and $50,000 for FY 2024. The 
total Capital Reserve at the end of FY 2024 would be $150,000. 
• Total Gross Assessment was $717,525, which would be included on the Tax Bills. 
The per unit gross assessment in the non-ad valorem section of the Tax Bill was 
$184.04 for the O&M portion, which was the same as the prior year. 


 Ms. Adams noted that a Projected Fund Balance Analysis was provided as requested by 
the Board. The Projected Beginning Fund Balance for FY2024 was $605,761, recognizing cash 
to balance the budget and a Projected Ending Fund Balance of $412,784. Out of that, they were 
recognizing an Operating Reserve for three months of $202,694, from the start of the fiscal year, 
to when tax revenues were transmitted to the District and an Unreserved Fund Balance of 
$210,091. Ms. Nelson pointed out after this year they were going to be in the negative. Ms. 


Adams recalled that staff questioned whether this was the right year to not recognize any Carry 
Forward Surplus to balance the budget, but because there were excess Surplus Funds and not 
firm numbers on the additional maintenance, the District would be in a better position next year 
to balance the budget without recognizing Carry Forward Surplus. Next year, staff would 
provide a build-out budget for all property that the District would eventually maintain. If an 
O&M assessment increase was recommended, staff would predict it for at least three to five 
years to avoid assessments going up and down each year and suggested that the Board consider a 
Reserve Study. Mr. Reed questioned the cost. Ms. Adams advised proposals would be presented 
to the Board to consider in fiscal year 2024. 

• On Page 9 was the Debt Service Fund for the Series 2022 refunded bond, which 
retired in 2031. 


 Mr. Reed questioned the purpose of a Special Call. Ms. Adams explained that a Special 
Call was when homeowners made a lump sum payment to their assessment, which was not 
budgeted. 

 

On MOTION by Mr. Zimbardi seconded by Ms. Nelson with all in 
favor Resolution 2023-02 Approving the Proposed Fiscal Year 
2023 Budget and Setting the Public Hearing for July 19, 2023 at 
11:00 a.m., at this location was approved. 

 

 Ms. Epstein questioned whether there was quorum for the July 19, 2023 meeting. Mr. 
Cameron and Mr. Zimbardi confirmed that they would be attending via Zoom. Ms. Epstein, Ms. 
Nelson and Mr. Reed confirmed that they would be present in person. 

 

SIXTH ORDER OF BUSINESS Staff Reports 

A. Attorney 


Ms. Carpenter reported that the conveyances were ready, but they needed to get through 
the inspections and an updated title. 

 

B. Engineer 


Ms. Leo reported that she was out in the field this month inspecting the conveyances; 
however, some of the ponds needed more work and Ms. Leo recommended taking ownership in 
pieces versus at one time. Ms. Epstein questioned how many ponds were ready. Ms. Leo 


confirmed that half of the ponds were ready. Ms. Carpenter pointed out that there was not a great 
deal of legal work to do if it was conveyed in pieces. Mr. Reed asked if TM planned to 
participate in the walk-throughs for the ponds. Ms. Leo confirmed that TM participated in every 
walk-through that she attended. Mr. Reed would like to attend the walk-throughs. Ms. Leo 
preferred that Mr. Reed attend the final walk-through as prior ones were four hours long and 
would recommend that the Board approve 15 ponds at the July meeting. Ms. Epstein had no 
problem taking ownership in pieces as long as there was no additional cost. Ms. Carpenter 
pointed out that the Board would not have to pay any additional costs as there was an agreement 
for TM to pay their costs. They paid an initial $2,500 and to place it on the agenda, they must 
pay additional expenses, which were currently over $2,500. Mr. Zimbardi preferred to split the 
conveyances up. Mr. Reed felt that a phased approach was good. Mr. Cameron requested a list of 
the locations of the 15 ponds. Ms. Leo would provide a spreadsheet that they were working on. 
Mr. Reed asked if there were any wetlands. Ms. Leo confirmed that all of them were ponds. Mr. 
Zimbardi questioned when they could expect the first series of conveyances. Ms. Leo planned to 
request that the Board approve the first 15 ponds in substantial form at the June meeting with 
final approval at the July meeting. 

 

C. District Manager 
i. Action Items List 
1. Parcel Conveyance from Taylor Morrison to CDD: Discussed. 
2. Monitor Central Florida Expressway – Poinciana Parkway Projects: Parkway 
Connector: In process. The Chairman was appointed by the CDD Board to 
monitor it. 
3. Erosion Repairs: In process. Staff to identify needed repairs, develop the scope 
and gather proposals to present to the CDD Board. Proposals was received by 
staff and under review. 








Ms. Adams presented the Action Items List, which was included in the agenda package 
and reported on the following: 

Ms. Epstein was expecting the next report to be provided in the Fall and heard that there 
would be major changes to the design. Polk County was on the District’s side for the alternatives 
being proposed by Southport Connector Alternative Routes (SCAR) of Poinciana, especially the 
alternative to use Poinciana Boulevard. 


4. Shoreline/Littoral Plantings: In process. A proposal was approved by the Board 
on March 15, 2023 and the installation was pending. 











Mr. Reed questioned the order of the ponds and the type of plantings on a specific pond. 
Mr. Smith would ask the vendor. 

 

ii. Approval of Check Register 


Ms. Adams presented the Check Register from March 1, 2023 to March 31, 2023 in the 
amount of $54,973.63, which was included in the agenda package. 

 

On MOTION by Mr. Cameron seconded by Ms. Nelson with all in 
favor the March 1, 2023 to March 31, 2023 in the amount of 
$54,973.63 was approved. 

 

iii. Balance Sheet and Income Statement 


Ms. Adams presented the Unaudited Financial Statements through March 31, 2023, 
which were included in the agenda package. The Board did a great job controlling expenses as 
the prorated budget at the end of March was $371,944 and actual expenditures were $292,678. 
No action was required. 

 

iv. Presentation of Number of Registered Voters: 5,137 


Ms. Adams presented a letter from Polk County Supervisor of Elections reporting that 
there were 5,137 registered voters in the Poinciana CDD boundaries as of April 15, 2023. This 
information was the most significant during the early days of the District when there was a 
transition from Landowner Election to General Election. However, this District was 100% in the 
General Election cycle and this information was no longer germane, but there is no provision in 
Florida Statutes to stop reporting this annually. 

 

 D. Field Manager’s Report 

i. Action Item Report 


Mr. Smith presented the Field Manager Report, which was included in the agenda 
package. The action items that were approved at the last meeting were now complete as of this 
week; however, a few items were pending as they needed to order additional materials to repair 
skimmers. Both the Venezia and Bella Vianna tunnels were pressure washed, cleaned and 


painted inside and out with a brighter white color. Gravel was added to the entrance of the 
Venezia tunnel for stability and staff ensured that all lights were working. In his opinion, the 
tunnels looked much brighter with the brighter white color versus off green. Staff would 
continue to assess them. They may need to change out fixtures in the future as they were getting 
old, but at this time, lighter bulbs were added to the current fixtures inside of the tunnels for 
better visibility. Ms. Epstein received complaints from residents that the Venezia tunnel was still 
dark at night. Mr. Smith explained that some residents wanted exterior lighting in the tunnels, but 
in his opinion, the bollard lights along the trail approaching the tunnel in both directions, could 
be made brighter, but this was the HOA’s responsibility. Mr. Reed asked if Mr. Smith informed 
the HOA. Mr. Smith informed the HOA that everything outside of the tunnel was not the CDD’s 
responsibility. Mr. Cameron would follow up with the HOA. 

Mr. Smith reported that the pond plantings would be installed tomorrow. It was not ideal 
to plant them during the dry period. It should not take more than a couple of days as the vendor 
was installing plantings on several ponds each day. A new report from SOLitude was provided to 
the Board. Mr. Smith trimmed it down to show the ponds that were inspected and treated with 
their number system. In the future, Mr. Smith would request a clearer report. Several ponds had 
algae, but nothing excessive. A Midge Report was provided to the Board, showing the amount of 
larvicide used and the distance traveled. 

 

ii. Customer Complaint Log 


Mr. Smith presented the complaint log, which was included in the agenda package. The 
moss on trees was handled by the landscaper. At first it looked like the trees were dead, but they 
were just dormant Cypress trees. Clearing lily pads was the HOA’s responsibility. Trash around 
a pond and weeds were dealt with and tree roots coming close to a pool were the homeowner’s 
responsibility. Mr. Reed questioned the type of trash around the pond. Mr. Smith pointed out 
there was a large plastic bag, but this community, unlike other communities, was conscientious 
about trash. Some communities collected a full garbage bag of trash every couple of months in a 
corner of a pond. 

 


SEVENTH ORDER OF BUSINESS Presentation from Solivita HOA Wildlife 
Committee 

 Mr. Rick McKelvey of the Solivita Wildlife Club presented the Wildlife Camera Project. 
It was shown to Ms. Nelson who recommended it to the Board. Over a year ago, Ms. Meredith 
Budd of the Florida Wildlife Federation made this presentation on behalf of the fSTOP 
Foundation, which helped people connect with wildlife through the use of cameras. Five 
residents volunteered to have cameras installed in their backyards, which took pictures and 
videos. More information could be obtained from www.fstopfoundation.org. Mr. Zimbardi asked 
if they intended to have additional cameras. Mr. McKelvey indicated that if the Board was 
interested, they would work with the Solivita Wildlife Club to provide a proposal to the fSTOP 
Foundation. Mr. Cameron asked if there was a way to view the cameras online. Mr. McKelvey 
stated not at this time but was expecting to receive additional footage. Wildlife advocates were 
trying to set up a YouTube channel. Mr. Zimbardi asked if the cameras required maintenance or 
were battery operated. Mr. McKelvey confirmed that they were battery operated and he would be 
trained on how to use them. Every three to four weeks, the fSTOP Foundation would replace the 
cards and batteries at no cost to the District. The Board thanked Mr. McKelvey for this 
presentation. 

 

EIGHTH ORDER OF BUSINESS Supervisor’s Requests 

Mr. Reed questioned the ownership of culverts under the roads. Ms. Leo asked if Mr. 
Reed was referring to the area between two wetland systems under the roads. Mr. Reed replied 
affirmatively. Ms. Leo understood that they were not owned by the CDD. Mr. Reed wanted there 
to be an understanding of the ownership because no one was claiming ownership. Ms. Adams 
believed that the word, “Culvert” was confusing the District Engineer and Mr. Reed was 
questioning a block retaining wall in need of repair. The Field Services Manager would be 
further investigating the ownership and any recommended maintenance. The picture that Mr. 
Reed emailed to staff was from a block retaining wall in Poinciana West, but there may be 
similar structures in Poinciana. Mr. Reed pointed out that Solivita residents wanted Solivita to 
remain as beautiful as it did when they first purchased their homes. Whether it was a culvert 
connecting two wetlands in Poinciana West or in Poinciana, was irrelevant because it was still in 
Solivita and they needed to know who owned it. In addition, yesterday at the HOA meeting, 
landscape maintenance around a pond was requested and it was Mr. Reed’s understanding that 


the CDD only owned 10 feet from the edge of the pond. However, there was additional land 
including sidewalks that were owned by the CDD, which was verified through county records. 

As a result, Mr. Reed requested confirmation of everything that the CDD was responsible 
for, so that action could be taken to ensure proper maintenance. Ms. Leo suggested reviewing 
each of these on a case-by-case basis. Ms. Adams indicated that Mr. Smith would look into this 
matter. Ms. Carpenter requested that these types of requests be sent to Ms. Adams to forward to 
either her or Ms. Leo. Mr. Zimbardi agreed that there needed to be an understanding of who 
owned what. Mr. Reed appreciated a letter that Ms. Adams wrote to the HOA requesting street 
sweeping. Ms. Adams received a preliminary response from the HOA Manager, indicating that 
further information was forthcoming, which she forwarded to District Counsel and the District 
Engineer to evaluate. In the HOA’s opinion, although they were not performing street sweeping 
as required in the Memorandum of Understanding (MOU), they were doing what they described 
as equivalent maintenance activities. However, with this preliminary information, the District 
Engineer evaluated it and determined that it was not equivalent to street sweeping because it did 
not remove contaminants from the roadway that street sweeping would remove. Ms. Adams was 
waiting for further information from the HOA and would send a reminder that it was pending 
and respectfully request that they budget for street sweeping in accordance with the MOU. Mr. 
Cameron requested a copy of their response and asked about the direct deposits that Ms. Nelson 
requested at the last meeting. Ms. Adams believed that a direct deposit was made to Ms. Nelson 
as a test and that the test was successful. 

 

NINTH ORDER OF BUSINESS Other Business 

 There being no comments, the next item followed. 

 

TENTH ORDER OF BUSINESS General Audience Comments 

 There being no comments, the next item followed. 

 

ELEVENTH ORDER OF BUSINESS Next Meeting Date – June 21st, 2023 

Ms. Epstein stated that the next meeting was scheduled for June 21, 2023 at 11:00 a.m. 

 

TWELFTH ORDER OF BUSINESS Adjournment 


 

On MOTION by Mr. Reed seconded by Ms. Nelson with all in 
favor the meeting was adjourned. 

 

 

 

 

 

________________________________ ________________________________ 

Secretary / Assistant Secretary Chair/Vice Chairman 

 


RESOLUTION 2023-03 

 

THE ANNUAL APPROPRIATION RESOLUTION OF THE POINCIANA 
COMMUNITY DEVELOPMENT DISTRICT (THE “DISTRICT”) 
RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING 
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 
2023, AND ENDING SEPTEMBER 30, 2024. 

 

 WHEREAS, the District Manager has, prior to the fifteenth (15th) day in June, 2023, 
submitted to the Board of Supervisors (the “Board”) a proposed budget for the next ensuing 
budget year along with an explanatory and complete financial plan for each fund of the 
Poinciana Community Development District, pursuant to the provisions of Section 
190.008(2)(a), Florida Statutes; and 

 

 WHEREAS, at least sixty (60) days prior to the adoption of the proposed annual budget 
(the “Proposed Budget”), the District filed a copy of the Proposed Budget with the local 
governing authorities having jurisdiction over the area included in the District pursuant to the 
provisions of Section 190.008(2)(b), Florida Statutes; and 

 

 WHEREAS, the Board set July 19, 2023, as the date for a public hearing thereon and 
caused notice of such public hearing to be given by publication pursuant to Section 
190.008(2)(a), Florida Statutes; and 

 

 WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1, of 
each year, the District Board by passage of the Annual Appropriation Resolution shall adopt a 
budget for the ensuing fiscal year and appropriate such sums of money as the Board deems 
necessary to defray all expenditures of the District during the ensuing fiscal year; and 

 

 WHEREAS, the District Manager has prepared a Proposed Budget, whereby the budget 
shall project the cash receipts and disbursements anticipated during a given time period, 
including reserves for contingencies for emergency or other unanticipated expenditures during 
the fiscal year. 

 

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF 
SUPERVISORS OF POINCIANA COMMUNITY DEVELOPMENT 
DISTRICT; 

 

Section 1. Budget 

 

 a. That the Board of Supervisors has reviewed the District Manager’s Proposed Budget, 
a copy of which is on file with the office of the District Manager and at the District’s 
Records Office, and hereby approves certain amendments thereto, as shown in 
Section 2 below. 

 

 b. That the District Manager’s Proposed Budget, attached hereto as Exhibit “A,” as 
amended by the Board, is hereby adopted in accordance with the provisions of 


Section 190.008(2)(a), Florida Statutes, and incorporated herein by reference; 
provided, however, that the comparative figures contained in the adopted budget may 
be subsequently revised as deemed necessary by the District Manager to reflect actual 
revenues and expenditures for Fiscal Year 2023 and/or revised projections for Fiscal 
Year 2024. 

 

 c. That the adopted budget, as amended, shall be maintained in the office of the District 
Manager and at the District’s Records Office and identified as “The Budget for 
Poinciana Community Development District for the Fiscal Year Ending September 
30, 2024," as adopted by the Board of Supervisors on July 19, 2023. 

 

Section 2. Appropriations 

 

 There is hereby appropriated out of the revenues of the Poinciana Community 
Development District, for the fiscal year beginning October 1, 2023, and ending September 30, 
2024, the sum of $ __ to be raised by the levy of assessments and/or 
otherwise, which sum is deemed by the Board of Supervisors to be necessary to defray all 
expenditures of the District during said budget year, to be divided and appropriated in the 
following fashion: 

 

TOTAL GENERAL FUND $ 

 

DEBT SERVICE FUND – SERIES 2012A-1 & A-2 $ 

 

TOTAL ALL FUNDS $ 

 

Section 3. Supplemental Appropriations 

 

 The Board may authorize by resolution, supplemental appropriations or revenue changes 
for any lawful purpose from funds on hand or estimated to be received within the fiscal year as 
follows: 

 

 a. Board may authorize a transfer of the unexpended balance or portion thereof of 
any appropriation item. 

 

 b. Board may authorize an appropriation from the unappropriated balance of any 
fund. 

 

 c. Board may increase any revenue or income budget amount to reflect receipt of 
any additional unbudgeted monies and make the corresponding change to 
appropriations or the unappropriated balance. 

 

 The District Manager and Treasurer shall have the power within a given fund to authorize 
the transfer of any unexpected balance of any appropriation item or any portion thereof, provided 
such transfers do not exceed Ten Thousand ($10,000) Dollars or have the effect of causing more 
than 10% of the total appropriation of a given program or project to be transferred previously 


approved transfers included. Such transfer shall not have the effect of causing a more than 
$10,000 or 10% increase, previously approved transfers included, to the original budget 
appropriation for the receiving program. Transfers within a program or project may be approved 
by the Board of Supervisors. The District Manager or Treasurer must establish administrative 
procedures which require information on the request forms proving that such transfer requests 
comply with this section. 

 

 

Introduced, considered favorably, and adopted this 19th day of July, 2023. 

 

 

ATTEST: POINCIANA COMMUNITY 
DEVELOPMENT DISTRICT 

 

 

 

 By: 

Secretary/Assistant Secretary 

 Its: 

 


 This item will be provided under 
separate cover 


RESOLUTION 2023-04 

 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE 
POINCIANA COMMUNITY DEVELOPMENT DISTRICT IMPOSING 
SPECIAL ASSESSMENTS AND CERTIFYING AN ASSESSMENT ROLL; 
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN 
EFFECTIVE DATE. 

 

 WHEREAS, the Poinciana Community Development District (“the District”) is a local 
unit of special-purpose government established pursuant to Chapter 190, Florida Statutes for the 
purpose of providing, operating and maintaining infrastructure improvements, facilities and 
services to the lands within the District; and 

 

 WHEREAS, the District is located in Polk County, Florida (the “County”); and 

 

 WHEREAS, the District has constructed or acquired various infrastructure 
improvements and provides certain services in accordance with the District’s adopted 
Improvement Plan and Chapter 190, Florida Statutes; and 

 

 WHEREAS, the Board of Supervisors of the District (“Board”) hereby determines to 
undertake various operations and maintenance activities described in the District’s budget for 
Fiscal Year 2023-2024 (“Operations and Maintenance Budget”), attached hereto as Exhibit “A” 
and incorporated by reference herein; and 

 

 WHEREAS, the District must obtain sufficient funds to provide for the operation and 
maintenance of the services and facilities provided by the District as described in the District’s 
budget for Fiscal Year 2023-2024; and 

 

WHEREAS, the provision of such services, facilities, and operations is a benefit to lands 
within the District; and 

 

WHEREAS, Chapter 190, Florida Statutes, provides that the District may impose special 
assessments on benefitted lands within the District; and 

 

WHEREAS, the District has previously levied an assessment for debt service, a portion 
of which the District desires to collect on the tax roll for platted lots, pursuant to the Uniform 
Method (defined below) and which is also indicated on Exhibit “A”, and the remaining portion 
of which the District desires to levy and directly collect on the remaining unplatted lands; and 

 

WHEREAS, Chapter 197, Florida Statutes, provides a mechanism pursuant to which 
such special assessments may be placed on the tax roll and collected by the local tax collector 
(“Uniform Method”); and 

 

WHEREAS, the District has previously evidenced its intention to utilize this Uniform 
Method and has approved an Agreement with the County Tax Collector to provide for the 
collection of the special assessments under the Uniform Method; and 


 

WHEREAS, it is in the best interests of the District to collect special assessments for 
operations and maintenance on platted lots using the Uniform Method and to directly collect 
from the remaining unplatted property reflecting their portion of the District’s operations and 
maintenance expenses, as set forth in the budget; and 

 

WHEREAS, it is in the best interests of the District to adopt the Assessment Roll of the 
Poinciana Community Development District (the “Assessment Roll”) attached to this Resolution 
as Exhibit “B” and incorporated as a material part of this Resolution by this reference, and to 
certify the portion of the Assessment Roll on platted property to the County Tax Collector 
pursuant to the Uniform Method and to directly collect the remaining portion on the unplatted 
property; and 

 

WHEREAS, it is in the best interests of the District to permit the District Manager to 
amend, from time to time, the Assessment Roll adopted herein, including that portion certified to 
the County Tax Collector by this Resolution, as the Property Appraiser updates the property roll 
for the County, for such time as authorized by Florida law. 

 

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

 

SECTION 1. INCORPORATION OF RECITALS AND AUTHORITY. The 
recitals stated above are true and correct and by this reference are incorporated by reference as a 
material part of this Resolution. The Resolution is adopted pursuant to the provisions of Florida 
Law, including Chapter 170, 190 and 197, Florida Statutes. 

 

SECTION 2. BENEFIT. The provision of the services, facilities, and operations as 
described in Exhibit “A” confer a special and peculiar benefit to the lands within the District, 
which benefits exceed or equal the costs of the assessments. The allocation of the costs to the 
specially benefitted lands is shown in Exhibits “A” and “B.” 

 

SECTION 3. ASSESSMENT IMPOSITION. A special assessment for operation and 
maintenance as provided for in Chapter 190, Florida Statutes, is hereby imposed and levied on 
benefitted lands within the District in accordance with Exhibit “B.” The lien of the special 
assessments for operations and maintenance imposed and levied by this Resolution shall be 
effective upon passage of this Resolution. 

 

SECTION 4. COLLECTION. The collection of the previously levied debt service 
assessments and operation and maintenance special assessments on platted lots and developed 
lands shall be at the same time and in the same manner as County taxes in accordance with the 
Uniform Method, as set forth in Exhibits “A” and “B.” The previously levied debt services 
assessments and operations and maintenance assessments on undeveloped and unplatted lands 
will be collected directly by the District in accordance with Florida law, as set forth in Exhibits 
“A” and “B.” Assessments directly collected by the District are due according to the flowing 
schedule: 50% due no later then November 1, 2023, 25% due no later than February 1, 2024 and 
25% due no later than May 1, 2024. In the event that an assessment payment is not made in 


accordance with the schedule stated above, such assessment and any future scheduled assessment 
payments due for Fiscal Year 2024 shall be delinquent and shall accrue penalties and interest in 
the amount of one percent (1%) per month plus all costs of collection and enforcement, and shall 
either be enforced pursuant to a foreclosure action, or, at the District’s discretion, collected 
pursuant to the Uniform Method on a future tax bill, which amount may include penalties, 
interest, and costs of collection and enforcement. In the event as assessment subject to direct 
collection by the District shall be delinquent, the District Manager and District Counsel, without 
further authorization by the Board, may initiate foreclosure proceedings to collect and enforce 
the delinquent and remaining assessments. Notwithstanding the foregoing, any assessments 
which, by operation of law or otherwise, have been accelerated for non-payment, are not 
certified by this Resolution. 

 

 SECTION 5. CERTIFICATION OF ASSESSMENT ROLL. The District’s 
Assessment Roll, attached to this Resolution as Exhibit “B,” is hereby certified. That portion of 
the District’s Assessment Roll which includes developed lands and platted lots is hereby certified 
to the County Tax Collector and shall be collected by the County Tax Collector in the same 
manner and time as County taxes. The proceeds there from shall be paid to the Poinciana 
Community Development District. 

 

 SECTION 6. ASSESSMENT ROLL AMENDMENT. The District Manager shall 
keep appraised of all updates made to the County property roll by Property Appraiser after the 
date of this Resolution, and shall amend the District’s Assessment Roll in accordance with any 
such updates, for such time as authorized by Florida law, to the County property roll. After any 
amendment of the Assessment Roll, the District Manager shall file the updates to the tax roll in 
the District records. 

 

 SECTION 7. SEVERABILITY. The invalidity or unenforceability of any one or 
more provisions of this Resolution shall not affect the validity or enforceability of the remaining 
portions of this Resolution, or any part thereof. 

 

SECTION 8. EFFECTIVE DATE. This Resolution shall take effect upon the 
passage and adoption of this Resolution by the Board of Supervisors of the Poinciana 
Community Development District. 

 

PASSED AND ADOPTED this 19th day of July, 2023. 

 

ATTEST: POINCIANA COMMUNITY 
DEVELOPMENT DISTRICT 

 

 

 

 By: 

Secretary/ Assistant Secretary 

 Its: 


RESOLUTION 2023-05 

 

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE 
POINCIANA COMMUNITY DEVELOPMENT DISTRICT DESIGNATING 
AN ASSISTANT TREASURER OF THE DISTRICT AND PROVIDING 
FOR AN EFFECTIVE DATE 

 

WHEREAS, Poinciana Community Development District (hereinafter the “District”) is a 
local unit of special-purpose government created and existing pursuant to Chapter 190, Florida 
Statutes, being situated within Polk County, Florida; and 

 

WHEREAS, the Board of Supervisors of the District desires to appoint an Assistant 
Treasurer. 

 

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

 

SECTION 1. Darrin Mossing, Sr. is appointed Assistant Treasurer. 

 

SECTION 2. This Resolution shall become effective immediately upon its adoption. 

 

PASSED AND ADOPTED this 19th day of July 2023. 

 

ATTEST: POINCIANA COMMUNITY 
DEVELOPMENT DISTRICT 

 

 

 

Secretary / Assistant Secretary Chairperson, Board of Supervisors 


 

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ATTORNEYS AT LAW 

________________________________ 

 

MICHAEL J. BEAUDINE 

JAN ALBANESE CARPENTER 

DANIEL H. COULTOFF 

JENNIFER S. EDEN 

DOROTHY F. GREEN 

BRUCE D. KNAPP 

PETER G. LATHAM 

 

 

 

201 SOUTH ORANGE AVENUE, SUITE 1400 

ORLANDO, FLORIDA 32801 

POST OFFICE BOX 3353 

ORLANDO, FLORIDA 32802 

TELEPHONE: (407) 481-5800 

FACSIMILE: (407) 481-5801 

WWW.LATHAMLUNA.COM 

 

 

JAY E. LAZAROVICH 

MARC L. LEVINE 

JUSTIN M. LUNA 

LORI T. MILVAIN 

BENJAMIN R. TAYLOR 

CHRISTINA Y. TAYLOR 

KRISTEN E. TRUCCO 

DANIEL A. VELASQUEZ 

 

 



To: CDD Board of Supervisors 

 

From: District Counsel (Jan Albanese Carpenter, Jay Lazarovich and Kristen Trucco) 

 

Re: New Law Requiring Ethics Training for Elected Officials and Other Legislative Updates 

 

Date: July 6, 2023 

 

We are providing you with information about a new law which affects all CDD Board of 
Supervisors, as elected local officers of independent special districts. 

 

Beginning on January 1, 2024, Section 112.3142, Florida Statutes, requires each elected local 
officer of an independent special district and each person who is appointed to fill a vacancy for an unexpired 
term to complete four (4) hours of ethics training each calendar year. This ethics training must address, 
at a minimum: Section 8, Article II of the Florida Constitution; the Code of Ethics for Public Officers and 
Employees; and Florida’s public records and public meetings laws. A copy of Section 112.3142, Florida 
Statutes is attached to this document. 

 

The required ethics training may be satisfied by completion of a continuing legal education class 
or other continuing professional education class, seminar or presentation, so long as the required subject 
matter is covered. We strongly recommend that you keep track of all of the ethics training you complete 
since you will be required to self-certify on your annual Form 1 that you have completed the required ethics 
training for that year. 

 

There are ethics training resources available online at no cost to you. Specifically, FLC University 
is offering a virtual training on July 12, 2023, that will fulfill the four (4) hour requirement 
(https://register.gotowebinar.com/register/1108128928632648288), and Florida’s Commission on Ethics 
(the “Commission”) has provided several video links and other resources on their website to assist you in 
meeting this new requirement (https://ethics.state.fl.us/Training/Training.aspx). 

 

 According to the Commission, training “hours” may be measured in 50-minute increments and a 
combination two hours of ethics training, one hour of open meetings training and one hour of public records 
training is sufficient to satisfy the four-hour requirement (See CEO 13-15 and CEO 13-24). 

 

 We recommended that you complete this training requirement by July 1st each year in order to 
verify your compliance with the law on your Form 1 (Statement of Financial Interests). For new 


Supervisors, the Legislature intends for this ethics training to be completed as close as possible to the date 
of assuming office. For Supervisors elected or appointed on or before March 31st of any given year, the 
annual training is required to be completed on or before December 31st. For Supervisors assuming a new 
office after March 31st, ethics training is not required for the calendar year in which his/her term of office 
began. 

 

Other Legislative Updates: 

 

Concealed Carry: There was a change in the law regarding concealed carry of firearms; however, 
we would like to remind you that under Section 790.06 (12)(a)(7), Florida Statutes, open carry of a 
handgun, concealed weapons and firearms are still prohibited in meetings of the governing body of a special 
district. 

 

Technology Transparency: Beginning July 1, 2023, Section 112.23, Florida Statutes, prohibits any 
officer of a district from communicating with a social media platform to request removal of content or 
accounts from a social media platform, as well as initiating or maintaining any agreements or working 
relationships with a social media platform for the purpose of content moderation. We recommend any 
CDDs that maintain a Facebook page or any other social media account refrain from the prohibited conduct, 
unless it meets one of the exceptions as listed under Section 112.23(4), Florida Statutes, such as routine 
account management, including, but not limited to, the removal or revision of the governmental entity’s 
content or account or identification of accounts falsely posing as a governmental entity or officer; an attempt 
to remove content or an account that pertains to the commission of a crime or violation of Florida’s public 
records law; or an investigation or inquiry related to an effort to prevent imminent bodily harm, loss of life 
or property damage. 

 

Government and Corporate Activism: Beginning on July 1, 2023, Section 287.05701, Florida 
Statutes, prohibits requesting documentation or consideration of a vendor’s social, political or ideological 
interests and giving preference to a vendor based on the same, when considering government contracts. 
This section further requires any solicitation for the procurement of contractual services by the governing 
body of a special district to include a provision notifying vendors of the provisions of this section. 

 

Please feel free to contact the District Manager or our office should you have any questions on 
these new laws or their requirements. 

 

Thank you. 


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NOTICE OF MEETING DATES 

POINCIANA 

COMMUNITY DEVELOPMENT DISTRICT 

 

 The Board of Supervisors of the Poinciana Community Development District will hold 
the regularly scheduled public meetings for Fiscal Year 2024 at 11:00 a.m. in the Starlite Ballroom 
at 384 Village Drive, Poinciana, Florida 34759 on the third Wednesday each month as follows 
unless indicated otherwise: 

 

October 18, 2023 

November 15, 2023 

December 20, 2023 

January 17, 2024 

February 21, 2024 

March 20, 2024 

April 17, 2024 

May 15, 2024 
June 19, 2024 

July 17, 2024 

August 21, 2024 

September 18, 2024 

 

 The meetings are open to the public and will be conducted in accordance with the 
provisions of Florida Law for Community Development Districts. A copy of the agenda for a 
particular meeting may be obtained from the District Manager at 219 E. Livingston Street, 
Orlando, FL 32801. 

 

 A meeting may be continued to a date, time, and place to be specified on the record at that 
meeting. There may be occasions when one or more Supervisors may participate by telephone. 

 

 Any person requiring special accommodations at these meetings because of a disability 
or physical impairment should contact the District Office at least forty-eight (48) hours prior to 
the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by 
dialing 7-1-1 or 1-800-955-8770, for aid in contacting the District Office. 

 

 Each person who decides to appeal any action taken at these meetings is advised that 
person will need a record of the proceedings and that accordingly, the person may need to ensure 
that a verbatim record of the proceedings is made, including the testimony and evidence upon 
which such appeal is to be based. 

 

 Tricia L. Adams 

 Governmental Management Services – Central Florida, LLC 

 District Manager 

 


 

Poinciana 


Comunity Development District 


 

 

 

 

 

 

 

 

 

 

 

 

Ju
ly 19
, 
20
2
3 


Clayton Smith 
- 
Field Services Manager 


GMS 


 

 

 

 


 

 

 

 

 New pond plantings of 
pickerelweed and 
spike rush were 
installed as approved. 
Plantings have been 
successful at other 
ponds in reducing 
algae and erosion 
once established. 


 

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Complete 


Pond Plantings 


\Philip.Moody@mesgroupinc.com 

 Fireflag was trimmed and 
cleaned up along the 
pond edge. 
Plants were stressed 
through winter but are 
doing very well now. 


Complete 


Fireflag Management 


 

Complete 


 

Landscape Maintenance Review 

 Reviewed landscaping of 
CDD property. Overall 
quality has been up to 
standard. 
As rainy season sets in, 
service in some areas will 
be delayed to protect 
both the landscape and 
staff. 


 


 

Complete 


 

 Ponds were reviewed. 
They are in good 
condition and are being 
maintained satisfactorily. 
Pond vendor has treated 
some algae blooms. 
No major issues reported 
at this time. 


 

 

 

A body of water with grass and plants
Description automatically generated
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Description automatically generated
Aquatic Maintenance Review 


 

 

Complete 


 

 Conveyance of ponds 
appears to be ready. 
Staff has been checking 
for progress in pond 
status. 
Will defer to engineer for 
final opinion. 
Ponds appear in a good 
maintainable state. 


 

 

 

 

Pond Conveyance 


 

 

 

 

 

 

 

 

 

 

 

 

 

Conclusion 


For any questions or comments regarding the above information, please contact me by phone at 
407-201-1514, or by email at csmith@gmscfl.com Thank you. 

 

Respectfully, 

Clayton Smith 

 


All Services By Customer 
Summary 

Poinciana Community Development Dist (S07800) Filter Date between 06/01/2023 and 06/30/2023 

Customer Work Type 
S07800 - Poinciana Community Development 
Dist 
Municipal Back 
Pack 
S07800 - Poinciana Community Development 
Dist 
Night Truck 
S07800 - Poinciana Community Development 
Dist 
Night Truck 
S07800 - Poinciana Community Development 
Dist 
Night Truck 
S07800 - Poinciana Community Development 
Dist 
Night Truck 
S07800 - Poinciana Community Development 
Dist 
Night Truck 
S07800 - Poinciana Community Development 
Dist 
Night Truck 
S07800 - Poinciana Community Development 
Dist 
Night Truck 
S07800 - Poinciana Community Development 
Dist 
Night Truck 

Service Item 
KIS1818 - Strike Pellets 10lbs/acre 
KIS2715 - Biomist 4+4 ATV/ULV 
KIS2827 - Biomist 4+4 Truck ULV 
KIS2715 - Biomist 4+4 ATV/ULV 
KIS2827 - Biomist 4+4 Truck ULV 
KIS2715 - Biomist 4+4 ATV/ULV 
KIS2827 - Biomist 4+4 Truck ULV 
KIS2715 - Biomist 4+4 ATV/ULV 
KIS2827 - Biomist 4+4 Truck ULV 

End Date Used 
Quantity 
Unit Of 
Measure 
Start Date 
06/28/2023 06/28/2023 10.00 acr 
06/01/2023 06/01/2023 9.50 mi 
06/05/2023 06/05/2023 8.50 mi 
06/07/2023 06/07/2023 9.10 mi 
06/14/2023 06/14/2023 11.50 mi 
06/15/2023 06/15/2023 8.10 mi 
06/19/2023 06/19/2023 10.30 mi 
06/21/2023 06/21/2023 9.70 mi 
06/26/2023 06/26/2023 11.10 mi 

77.80