190.001
Short title.
190.002
Legislative findings, policies, and intent.
190.003
Definitions.
190.004
Preemption; sole authority.
190.005
Establishment of district..
190.006
Board of supervisors; members and meetings.
190.007
Board of supervisors; general duties.
190.008
Budget; reports and reviews.
190.009
Disclosure of public financing.
190.011
General powers.
190.012
Special powers; public improvements and community facilities.
190.0125
Purchase, privatization, or sale of water, sewer, or wastewater reuse
utility by district.
190.013
Water management and control plan.
190.014
Issuance of bond anticipation notes.
190.015
Short-term borrowing.
190.016
Bonds.
190.017
Trust agreements.
190.021
Taxes; non-ad valorem assessments.
190.022
Special assessments.
190.023
Issuance of certificates of indebtedness based on assessments for
assessable improvements; assessment bonds.
190.024
Tax liens.
190.025
Payment of taxes and redemption of tax liens by the district; sharing in
proceeds of tax sale.
190.026
Foreclosure of liens.
190.031
Mandatory use of certain district facilities and services.
190.033
Bids required.
190.035
Fees, rentals, and charges; procedure for adoption and modifications;
minimum revenue requirements.
190.036
Recovery of delinquent charges.
190.037
Discontinuance of service.
190.041
Enforcement and penalties.
190.043
Suits against the district.
190.044
Exemption of district property from execution.
190.046
Termination, contraction, or expansion of district.
190.047
Incorporation or annexation of district.
190.048
Sale of real estate within a district; required disclosure to purchaser.
190.0485
Notice of establishment.
190.049
Special acts prohibited.
190.001
Short title.--This act may be cited as the "Uniform Community
Development District Act of 1980."
History.--s.
2, ch. 80-407.
190.002
Legislative findings, policies, and intent.--
(1) The
Legislature finds that:
(a) There
is a need for uniform, focused, and fair procedures in state law to
provide a reasonable alternative for the establishment, power, operation,
and duration of independent districts to manage and finance basic
community development services; and that, based upon a proper and fair
determination of applicable facts, an independent district can constitute
a timely, efficient, effective, responsive, and economic way to deliver
these basic services, thereby providing a solution to the state's
planning, management, and financing needs for delivery of capital
infrastructure in order to service projected growth without overburdening
other governments and their taxpayers.
(b) It
is in the public interest that any independent special district created
pursuant to state law not outlive its usefulness and that the operation of
such a district and the exercise by the district of its powers be
consistent with applicable due process, disclosure, accountability,
ethics, and government-in-the-sunshine requirements which apply both to
governmental entities and to their elected and appointed officials.
(c) It
is in the public interest that long-range planning, management, and
financing and long-term maintenance, upkeep, and operation of basic
services for community development districts be under one coordinated
entity.
(2) It
is the policy of this state:
(a) That
the needless and indiscriminate proliferation, duplication, and
fragmentation of local general-purpose government services by independent
districts is not in the public interest.
(b) That
independent districts are a legitimate alternative method available for
use by the private and public sectors, as authorized by state law, to
manage and finance basic services for community developments.
(c) That
the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules,
regulations, and policies governing planning and permitting of the
development to be serviced by the district, to ensure that neither the
establishment nor operation of such district is a development order under
chapter 380 and that the district so established does not have any zoning
or permitting powers governing development.
(d) That
the process of establishing such a district pursuant to uniform general
law be fair and based only on factors material to managing and financing
the service delivery function of the district, so that any matter
concerning permitting or planning of the development is not material or
relevant.
(3) It
is the legislative intent and purpose, based upon, and consistent with,
its findings of fact and declarations of policy, to authorize a uniform
procedure by general law to establish an independent special district as
an alternative method to manage and finance basic services for community
development. It is further the legislative intent and purpose to provide
by general law for the uniform operation, exercise of power, and procedure
for termination of any such independent district. It is further the
purpose and intent of the Legislature that a district created under this
chapter not have or exercise any zoning or development permitting power,
that the establishment of the independent community development district
as provided in this act not be a development order within the meaning of
chapter 380, and that all applicable planning and permitting laws, rules,
regulations, and policies control the development of the land to be
serviced by the district. It is further the purpose and intent of the
Legislature that no debt or obligation of a district constitute a burden
on any local general-purpose government without its consent.
History.--s.
2, ch. 80-407; s. 1, ch. 84-360.
190.003
Definitions.-- As used in this chapter, the term:
(1) “Ad valorem bonds” means bonds which are payable from the proceeds of ad valorem taxes levied on real and tangible personal property and which are generally referred to as general obligation bonds.
(2) “Assessable improvements” means, without limitation, any and all public improvements and community facilities that the district is empowered to provide in accordance with this act.
(3) “Assessment bonds” means special obligations of the district which are payable solely from proceeds of the special assessments levied for an assessable project.
(4) “Board” or “board of supervisors” means the governing board of the district or, if such board has been abolished, the board, body, or commission succeeding to the principal functions thereof or to whom the powers given to the board by this act have been given by law.
(5) "Bond” includes “certificate,” and the provisions which are applicable to bonds are equally applicable to certificates. The term “bond” includes any general obligation bond, assessment bond, refunding bond, revenue bond, and other such obligation in the nature of a bond as is provided for in this act, as the case may be.
(6) “Community development district” means a local unit of special-purpose government which is created pursuant to this act and limited to the performance of those specialized functions authorized by this act; the governing head of which is a body created, organized, and constituted and authorized to function specifically as prescribed in this act for the purpose of the delivery of urban community development services; and the formation, powers, governing body, operation, duration, accountability, requirements for disclosure, and termination of which are as required by general law.
(7) “Compact, urban, mixed-use district” means a district located within a municipality and within a community redevelopment area created pursuant to s. 163.356, that consists of a maximum of 75 acres, and has development entitlements of at least 400,000 square feet of retail development and 500 residential units.
(8) “Cost,” when used with reference to any project, includes, but is not limited to:
(a) The expenses of determining the feasibility or practicability of acquisition, construction, or reconstruction.
(b) The cost of surveys, estimates, plans, and specifications.
(c) The cost of improvements.
(d) Engineering, fiscal, and legal expenses and charges.
(e) The cost of all labor, materials, machinery, and equipment.
(f) The cost of all lands, properties, rights, easements, and franchises acquired.
(g) Financing charges.
(h) The creation of initial reserve and debt service funds.
(i) Working capital.
(j) Interest charges incurred or estimated to be incurred on money borrowed prior to and during construction and acquisition and for such reasonable period of time after completion of construction or acquisition as the board may determine.
(k) The cost of issuance of bonds pursuant to this act, including advertisements and printing.
(l) The cost of any election held pursuant to this act and all other expenses of issuance of bonds.
(m) The discount, if any, on the sale or exchange of bonds.
(n) Administrative expenses.
(o) Such other expenses as may be necessary or incidental to the acquisition, construction, or reconstruction of any project or to the financing thereof, or to the development of any lands within the district.
(p) Payments, contributions, dedications, fair share or concurrency obligations, and any other exactions required as a condition to receive any government approval or permit necessary to accomplish any district purpose.
(9) “District” means the community development district.
(10) “District manager” means the manager of the district.
(11) “District roads” means highways, streets, roads, alleys, sidewalks, landscaping, storm drains, bridges, and thoroughfares of all kinds and descriptions.
(12) “Elector” means a landowner or qualified elector.
(13) “General obligation bonds” means bonds which are secured by, or provide for their payment by, the pledge, in addition to those special taxes levied for their discharge and such other sources as may be provided for their payment or pledged as security under the resolution authorizing their issuance, of the full faith and credit and taxing power of the district and for payment of which recourse may be had against the general fund of the district.
(14) “Landowner” means the owner of a freehold estate as appears by the deed record, including a trustee, a private corporation, and an owner of a condominium unit; it does not include a reversioner, remainderman, mortgagee, or any governmental entity, who shall not be counted and need not be notified of proceedings under this act. Landowner shall also mean the owner of a ground lease from a governmental entity, which leasehold interest has a remaining term, excluding all renewal options, in excess of 50 years.
(15) “Local general-purpose government” means a county, municipality, or consolidated city-county government.
(16) “Project” means any development, improvement, property, utility, facility, works, enterprise, or service now existing or hereafter undertaken or established under the provisions of this act.
(17) “Qualified elector” means any person at least 18 years of age who is a citizen of the United States, a legal resident of Florida and of the district, and who registers to vote with the supervisor of elections in the county in which the district land is located.
(18) “Refunding bonds” means bonds issued to refinance outstanding bonds of any type and the interest and redemption premium thereon. Refunding bonds shall be issuable and payable in the same manner as the refinanced bonds, except that no approval by the electorate shall be required unless required by the State Constitution.
(19) “Revenue bonds” means obligations of the district which are payable from revenues derived from sources other than ad valorem taxes on real or tangible personal property and which do not pledge the property, credit, or general tax revenue of the district.
(20) “Sewer system” means any plant, system, facility, or property, and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the collection, treatment, purification, or disposal of sewage, including, without limitation, industrial wastes resulting from any process of industry, manufacture, trade, or business or from the development of any natural resource. Without limiting the generality of the foregoing, the term “sewer system” includes treatment plants, pumping stations, lift stations, valves, force mains, intercepting sewers, laterals, pressure lines, mains, and all necessary appurtenances and equipment; all sewer mains, laterals, and other devices for the reception and collection of sewage from premises connected therewith; and all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such system and necessary or convenient for operation thereof.
(21) “Water management and control facilities” means any lakes, canals, ditches, reservoirs, dams, levees, sluiceways, floodways, curbs, gutters, pumping stations, or any other works, structures, or facilities for the conservation, control, development, utilization, and disposal of water, and any purposes appurtenant, necessary, or incidental thereto. The term “water management and control facilities” includes all real and personal property and any interest therein, rights, easements, and franchises of any nature relating to any such water management and control facilities or necessary or convenient for the acquisition, construction, reconstruction, operation, or maintenance thereof.
(22) “Water system” means any plant, system, facility, or property and additions, extensions, and improvements thereto at any future time constructed or acquired as part thereof, useful or necessary or having the present capacity for future use in connection with the development of sources, treatment, or purification and distribution of water. Without limiting the generality of the foregoing, the term “water system” includes dams, reservoirs, storage, tanks, mains, lines, valves, hydrants, pumping stations, chilled water distribution systems, laterals, and pipes for the purpose of carrying water to the premises connected with such system, and all rights, easements, and franchises of any nature relating to any such system and necessary or convenient for the operation thereof.
History.—s. 2, ch. 80-407; s. 2, ch. 84-360; s. 10, ch. 87-363; s. 2, ch. 91-308; s. 33, ch. 2000-364; s. 1, ch. 2007-160; s. 1, ch. 2009-142.
190.004
Preemption; sole authority.--
(1) This act constitutes the sole authorization for the future establishment of independent community development districts which have any of the specialized functions and powers provided by this act.
(2) The adoption of chapter 84-360, Laws of Florida, does not affect the validity of the establishment of any community development district or other special district existing on June 29, 1984; and existing community development districts will be subject to the provisions of chapter 190, as amended. All actions taken prior to July 1, 2000, by a community development district existing on June 29, 1984, if taken pursuant to the authority contained in chapter 80-407, Laws of Florida, or this chapter are hereby deemed to have adequate statutory authority. Nothing herein shall affect the validity of any outstanding indebtedness of a community development district established prior to June 29, 1984, and such district is hereby authorized to continue to comply with all terms and requirements of trust indentures or loan agreements relating to such outstanding indebtedness.
(3) The establishment of an independent community development district as provided in this act is not a development order within the meaning of chapter 380. All governmental planning, environmental, and land development laws, regulations, and ordinances apply to all development of the land within a community development district. Community development districts do not have the power of a local government to adopt a comprehensive plan, building code, or land development code, as those terms are defined in the Community Planning Act. A district shall take no action which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the applicable local general-purpose government.
(4) The exclusive charter for a community development district shall be the uniform community development district charter as set forth in ss. 190.006-190.041, including the special powers provided by s. 190.012.
History.—s. 2, ch. 80-407; s. 3, ch. 84-360; s. 27, ch. 85-55; s. 34, ch. 87-224; s. 34, ch. 99-378; s. 9, ch. 2000-304; s. 39, ch. 2011-139.
190.005
Establishment of district.--
(1) The
exclusive
and
uniform
method
for the
establishment
of a
community
development
district
with a
size of
2,500
acres or
more
shall be
pursuant
to a
rule,
adopted
under
chapter
120 by
the
Florida
Land and
Water
Adjudicatory
Commission,
granting
a
petition
for the
establishment
of a
community
development
district.
(a) A
petition
for
the
establishment
of a
community
development
district
shall
be
filed
by
the
petitioner
with
the
Florida
Land
and
Water
Adjudicatory
Commission.
The
petition
shall
contain:
1. A metes and bounds description of the external boundaries of the district. Any real property within the external boundaries of the district which is to be excluded from the district shall be specifically described, and the last known address of all owners of such real property shall be listed. The petition shall also address the impact of the proposed district on any real property within the external boundaries of the district which is to be excluded from the district.
2. The written consent to the establishment of the district by all landowners whose real property is to be included in the district or documentation demonstrating that the petitioner has control by deed, trust agreement, contract, or option of 100 percent of the real property to be included in the district, and when real property to be included in the district is owned by a governmental entity and subject to a ground lease as described in s. 190.003(14), the written consent by such governmental entity.
3. A designation of five persons to be the initial members of the board of supervisors, who shall serve in that office until replaced by elected members as provided in s. 190.006.
4. The proposed name of the district.
5. A map of the proposed district showing current major trunk water mains and sewer interceptors and outfalls if in existence.
6. Based upon available data, the proposed timetable for construction of the district services and the estimated cost of constructing the proposed services. These estimates shall be submitted in good faith but are not binding and may be subject to change.
7. A designation of the future general distribution, location, and extent of public and private uses of land proposed for the area within the district by the future land use plan element of the effective local government comprehensive plan of which all mandatory elements have been adopted by the applicable general-purpose local government in compliance with the Community Planning Act.
8. A statement of estimated regulatory costs in accordance with the requirements of s. 120.541.
(b) Prior
to
filing
the
petition,
the
petitioner
shall:
1. Pay a filing fee of $15,000 to the county, if located within an unincorporated area, or to the municipality, if located within an incorporated area, and to each municipality the boundaries of which are contiguous with, or contain all or a portion of the land within, the external boundaries of the district.
2. Submit a copy of the petition to the county, if located within an unincorporated area, or to the municipality, if located within an incorporated area, and to each municipality the boundaries of which are contiguous with, or contain all or a portion of, the land within the external boundaries of the district.
3. If land to be included within a district is located partially within the unincorporated area of one or more counties and partially within a municipality or within two or more municipalities, pay a $15,000 filing fee to each entity. Districts established across county boundaries shall be required to maintain records, hold meetings and hearings, and publish notices only in the county where the majority of the acreage within the district lies.
(c) Such
county
and
each
such
municipality
required
by
law
to
receive
a
petition
may
conduct
a
public
hearing
to
consider
the
relationship
of
the
petition
to
the
factors
specified
in
paragraph
(e).
The
public
hearing
shall
be
concluded
within
45
days
after
the
date
the
petition
is
filed
unless
an
extension
of
time
is
requested
by
the
petitioner
and
granted
by
the
county
or
municipality.
The
county
or
municipality
holding
such
public
hearing
may
by
resolution
express
its
support
of,
or
objection
to
the
granting
of,
the
petition
by
the
Florida
Land
and
Water
Adjudicatory
Commission.
A
resolution
must
base
any
objection
to
the
granting
of
the
petition
upon
the
factors
specified
in
paragraph
(e).
Such
county
or
municipality
may
present
its
resolution
of
support
or
objection
at
the
Florida
Land
and
Water
Adjudicatory
Commission
hearing
and
shall
be
afforded
an
opportunity
to
present
relevant
information
in
support
of
its
resolution.
(d) A
local
public
hearing
on
the
petition
shall
be
conducted
by a
hearing
officer
in
conformance
with
the
applicable
requirements
and
procedures
of
the
Administrative
Procedure
Act.
The
hearing
shall
include
oral
and
written
comments
on
the
petition
pertinent
to
the
factors
specified
in
paragraph
(e).
The
hearing
shall
be
held
at
an
accessible
location
in
the
county
in
which
the
community
development
district
is
to
be
located.
The
petitioner
shall
cause
a
notice
of
the
hearing
to
be
published
in a
newspaper
at
least
once
a
week
for
the
4
successive
weeks
immediately
prior
to
the
hearing.
Such
notice
shall
give
the
time
and
place
for
the
hearing,
a
description
of
the
area
to
be
included
in
the
district,
which
description
shall
include
a
map
showing
clearly
the
area
to
be
covered
by
the
district,
and
any
other
relevant
information
which
the
establishing
governing
bodies
may
require.
The
advertisement
shall
not
be
placed
in
that
portion
of
the
newspaper
where
legal
notices
and
classified
advertisements
appear.
The
advertisement
shall
be
published
in a
newspaper
of
general
paid
circulation
in
the
county
and
of
general
interest
and
readership
in
the
community,
not
one
of
limited
subject
matter,
pursuant
to
chapter
50.
Whenever
possible,
the
advertisement
shall
appear
in a
newspaper
that
is
published
at
least
5
days
a
week,
unless
the
only
newspaper
in
the
community
is
published
fewer
than
5
days
a
week.
In
addition
to
being
published
in
the
newspaper,
the
map
referenced
above
must
be
part
of
the
online
advertisement
required
pursuant
to
s.
50.0211.
All
affected
units
of
general-purpose
local
government
and
the
general
public
shall
be
given
an
opportunity
to
appear
at
the
hearing
and
present
oral
or
written
comments
on
the
petition.
(e) The
Florida
Land
and
Water
Adjudicatory
Commission
shall
consider
the
entire
record
of
the
local
hearing,
the
transcript
of
the
hearing,
resolutions
adopted
by
local
general-purpose
governments
as
provided
in
paragraph
(c),
and
the
following
factors
and
make
a
determination
to
grant
or
deny
a
petition
for
the
establishment
of a
community
development
district:
1. Whether all statements contained within the petition have been found to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or portion of the state comprehensive plan or of the effective local government comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently compact, and is sufficiently contiguous to be developable as one functional interrelated community.
4. Whether the district is the best alternative available for delivering community development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be incompatible with the capacity and uses of existing local and regional community development services and facilities.
6. Whether the area that will be served by the district is amenable to separate special-district government.
(f) The
Florida
Land
and
Water
Adjudicatory
Commission
shall
not
adopt
any
rule
which
would
expand,
modify,
or
delete
any
provision
of
the
uniform
community
development
district
charter
as
set
forth
in
ss.
190.006-190.041,
except
as
provided
in
s.
190.012.
A
rule
establishing
a
community
development
district
shall
only
contain
the
following:
1. A metes and bounds description of the external boundaries of the district and any real property within the external boundaries of the district which is to be excluded.
2. The names of five persons designated to be the initial members of the board of supervisors.
3. The name of the district.
(g) The
Florida
Land
and
Water
Adjudicatory
Commission
may
adopt
rules
setting
forth
its
procedures
for
considering
petitions
to
establish,
expand,
modify,
or
delete
uniform
community
development
districts
or
portions
thereof
consistent
with
the
provisions
of
this
section.
(2) The
exclusive
and
uniform
method
for the
establishment
of a
community
development
district
of less
than
2,500
acres in
size or
a
community
development
district
of up to
7,000
acres in
size
located
within a
connected-city
corridor
established
pursuant
to s.
163.3246(13)
shall be
pursuant
to an
ordinance
adopted
by the
county
commission
of the
county
having
jurisdiction
over the
majority
of land
in the
area in
which
the
district
is to be
located
granting
a
petition
for the
establishment
of a
community
development
district
as
follows:
(a) A
petition
for
the
establishment
of a
community
development
district
shall
be
filed
by
the
petitioner
with
the
county
commission.
The
petition
shall
contain
the
same
information
as
required
in
paragraph
(1)(a).
(b) A
public
hearing
on
the
petition
shall
be
conducted
by
the
county
commission
in
accordance
with
the
requirements
and
procedures
of
paragraph
(1)(d).
(c) The
county
commission
shall
consider
the
record
of
the
public
hearing
and
the
factors
set
forth
in
paragraph
(1)(e)
in
making
its
determination
to
grant
or
deny
a
petition
for
the
establishment
of a
community
development
district.
(d) The
county
commission
may
not
adopt
any
ordinance
which
would
expand,
modify,
or
delete
any
provision
of
the
uniform
community
development
district
charter
as
set
forth
in
ss.
190.006-190.041.
An
ordinance
establishing
a
community
development
district
shall
only
include
the
matters
provided
for
in
paragraph
(1)(f)
unless
the
commission
consents
to
any
of
the
optional
powers
under
s.
190.012(2)
at
the
request
of
the
petitioner.
(e) If
all
of
the
land
in
the
area
for
the
proposed
district
is
within
the
territorial
jurisdiction
of a
municipal
corporation,
then
the
petition
requesting
establishment
of a
community
development
district
under
this
act
shall
be
filed
by
the
petitioner
with
that
particular
municipal
corporation.
In
such
event,
the
duties
of
the
county,
hereinabove
described,
in
action
upon
the
petition
shall
be
the
duties
of
the
municipal
corporation.
If
any
of
the
land
area
of a
proposed
district
is
within
the
land
area
of a
municipality,
the
county
commission
may
not
create
the
district
without
municipal
approval.
If
all
of
the
land
in
the
area
for
the
proposed
district,
even
if
less
than
2,500
acres,
is
within
the
territorial
jurisdiction
of
two
or
more
municipalities
or
two
or
more
counties,
except
for
proposed
districts
within
a
connected-city
corridor
established
pursuant
to
s.
163.3246(13),
the
petition
shall
be
filed
with
the
Florida
Land
and
Water
Adjudicatory
Commission
and
proceed
in
accordance
with
subsection
(1).
(f) Notwithstanding
any
other
provision
of
this
subsection,
within
90
days
after
a
petition
for
the
establishment
of a
community
development
district
has
been
filed
pursuant
to
this
subsection,
the
governing
body
of
the
county
or
municipal
corporation
may
transfer
the
petition
to
the
Florida
Land
and
Water
Adjudicatory
Commission,
which
shall
make
the
determination
to
grant
or
deny
the
petition
as
provided
in
subsection
(1).
A
county
or
municipal
corporation
shall
have
no
right
or
power
to
grant
or
deny
a
petition
that
has
been
transferred
to
the
Florida
Land
and
Water
Adjudicatory
Commission.
(3) The
governing
body of
any
existing
special
district,
created
to
provide
one or
more of
the
public
improvements
and
community
facilities
authorized
by this
act, may
petition
for
reestablishment
of the
existing
district
as a
community
development
district
pursuant
to this
act. The
petition
shall
contain
the
information
specified
in
subparagraphs
(1)(a)1.,
3., 4.,
5., 6.,
and 7.
and
shall
not
require
payment
of a fee
pursuant
to
paragraph
(1)(b).
In such
case,
the new
district
so
formed
shall
assume
the
existing
obligations,
indebtedness,
and
guarantees
of
indebtedness
of the
district
so
subsumed,
and the
existing
district
shall be
terminated.
History.—s.
2, ch. 80-407; ss. 4, 5, ch. 84-360; s. 28, ch. 85-55; s. 35, ch.
87-224; s. 34, ch. 96-410; s. 6, ch. 98-146; s. 35, ch. 99-378; s. 34,
ch. 2000-364; s. 2, ch. 2007-160; s. 33, ch. 2008-4; s. 4, ch. 2009-142;
s. 40, ch. 2011-139; s. 6, ch. 2012-212; s. 13, ch. 2015-30; s. 1, ch.
2016-94; s. 10, ch. 2018-158.
190.007
Board of supervisors; general duties.--
(1) The
board shall employ, and fix the compensation of, a district manager. The
district manager shall have charge and supervision of the works of the
district and shall be responsible for preserving and maintaining any
improvement or facility constructed or erected pursuant to the provisions
of this act, for maintaining and operating the equipment owned by the
district, and for performing such other duties as may be prescribed by the
board. It shall not be a conflict of interest under chapter 112 for a
board member or the district manager or another employee of the district
to be a stockholder, officer, or employee of a landowner or of an entity
affiliated with a landowner. The district manager may hire or otherwise
employ and terminate the employment of such other persons, including,
without limitation, professional, supervisory, and clerical employees, as
may be necessary and authorized by the board. The compensation and other
conditions of employment of the officers and employees of the district
shall be as provided by the board.
(2) The
board shall designate a person who is a resident of the state as treasurer
of the district, who shall have charge of the funds of the district. Such
funds shall be disbursed only upon the order, or pursuant to the
resolution, of the board by warrant or check countersigned by the
treasurer and by such other person as may be authorized by the board. The
board may give the treasurer such other or additional powers and duties as
the board may deem appropriate and may fix his or her compensation. The
board may require the treasurer to give a bond in such amount, on such
terms, and with such sureties as may be deemed satisfactory to the board
to secure the performance by the treasurer of his or her powers and
duties. The financial records of the board shall be audited by an
independent certified public accountant at least once a year.
(3) The
board is authorized to select as a depository for its funds any qualified
public depository as defined in s. 280.02 which meets all the requirements
of chapter 280 and has been designated by the Chief Financial Officer as a
qualified public depository, upon such terms and conditions as to the
payment of interest by such depository upon the funds so deposited as the
board may deem just and reasonable.
History.--s.
2, ch. 80-407; s. 7, ch. 84-360; s. 32, ch. 86-191; s. 963, ch. 95-147; s.
170, ch. 2003-261; s. 4, ch. 2007-160.
190.008
Budget; reports and reviews.--
(1) The
district shall provide financial reports in such form and such manner as
prescribed pursuant to this chapter and chapter 218.
(2)(a) On
or before each June 15, the district manager shall prepare a proposed
budget for the ensuing fiscal year to be submitted to the board for board
approval. The proposed budget shall include at the direction of the board
an estimate of all necessary expenditures of the district for the ensuing
fiscal year and an estimate of income to the district from the taxes,
assessments, and other revenues provided in this act. The board shall
consider the proposed budget item by item and may either approve the
budget as proposed by the district manager or modify the same in part or
in whole. The board shall indicate its approval of the budget by
resolution, which resolution shall provide for a hearing on the budget as
approved. Notice of the hearing on the budget shall be published in a
newspaper of general circulation in the area of the district once a week
for 2 consecutive weeks, except that the first publication shall be not
fewer than 15 days prior to the date of the hearing. The notice shall
further contain a designation of the day, time, and place of the public
hearing. At the time and place designated in the notice, the board shall
hear all objections to the budget as proposed and may make such changes as
the board deems necessary. At the conclusion of the budget hearing, the
board shall, by resolution, adopt the budget as finally approved by the
board. The budget shall be adopted prior to October 1 of each year.
(b) At
least 60 days prior to adoption, the district board shall submit to the
local governing authorities having jurisdiction over the area included in
the district, for purposes of disclosure and information only, the
proposed annual budget for the ensuing fiscal year and any proposed
long-term financial plan or program of the district for future operations.
(c) The
local governing authorities may review the proposed annual budget and any
long-term financial plan or program and may submit written comments to the
board for its assistance and information in adopting its annual budget and
long-term financial plan or program.
History.--s.
2, ch. 80-407; s. 5, ch. 2007-160.
190.009
Disclosure of public financing.--
(1) The district shall take affirmative steps to provide for the full disclosure of information relating to the public financing and maintenance of improvements to real property undertaken by the district. Such information shall be made available to all existing residents, and to all prospective residents, of the district. The district shall furnish each developer of a residential development within the district with sufficient copies of that information to provide each prospective initial purchaser of property in that development with a copy, and any developer of a residential development within the district, when required by law to provide a public offering statement, shall include a copy of such information relating to the public financing and maintenance of improvements in the public offering statement. The district shall file the disclosure documents required by this subsection and any amendments thereto in the property records of each county in which the district is located.
(2) The Department of Economic Opportunity shall keep a current list of districts and their disclosures pursuant to this act and shall make such studies and reports and take such actions as it deems necessary.
History.—s. 2, ch. 80-407; s. 17, ch. 81-167; s. 15, ch. 83-55; s. 1, ch. 85-60; s. 2, ch. 90-46; s. 9, ch. 94-218; s. 37, ch. 99-378; s. 6, ch. 2007-160; s. 10, ch. 2008-240; s. 70, ch. 2011-142.
190.011
General powers.--The district shall have, and the board may exercise,
the following powers:
(1) To sue and be sued in the name of the district; to adopt and use a seal and authorize the use of a facsimile thereof; to acquire, by purchase, gift, devise, or otherwise, and to dispose of, real and personal property, or any estate therein; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.
(2) To apply for coverage of its employees under the state retirement system in the same manner as if such employees were state employees, subject to necessary action by the district to pay employer contributions into the state retirement fund.
(3) To contract for the services of consultants to perform planning, engineering, legal, or other appropriate services of a professional nature. Such contracts shall be subject to public bidding or competitive negotiation requirements as set forth in s. 190.033.
(4) To borrow money and accept gifts; to apply for and use grants or loans of money or other property from the United States, the state, a unit of local government, or any person for any district purposes and enter into agreements required in connection therewith; and to hold, use, and dispose of such moneys or property for any district purposes in accordance with the terms of the gift, grant, loan, or agreement relating thereto.
(5) To adopt rules and orders pursuant to the provisions of chapter 120 prescribing the powers, duties, and functions of the officers of the district; the conduct of the business of the district; the maintenance of records; and the form of certificates evidencing tax liens and all other documents and records of the district. The board may also adopt administrative rules with respect to any of the projects of the district and define the area to be included therein. The board may also adopt resolutions which may be necessary for the conduct of district business.
(6) To maintain an office at such place or places as it may designate within a county in which the district is located or within the boundaries of a development of regional impact or a Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, which includes the district, which office must be reasonably accessible to the landowners. Meetings pursuant to
s. 189.015(3) of a district within the boundaries of a development of regional impact or Florida Quality Development, or a combination of a development of regional impact and a Florida Quality Development, may be held at such office.
(7)(a) To hold, control, and acquire by donation, purchase, or condemnation, or dispose of, any public easements, dedications to public use, platted reservations for public purposes, or any reservations for those purposes authorized by this act and to make use of such easements, dedications, or reservations for any of the purposes authorized by this act.
(b) When real property in the district is owned by a governmental entity and subject to a ground lease as described in s. 190.003(14), to collect ground rent from landowners pursuant to a contract with such governmental entity and to contract with the county tax collector for collection of such ground rent using the procedures authorized in s. 197.3631, other than the procedures contained in s. 197.3632.
(8) To lease as lessor or lessee to or from any person, firm, corporation, association, or body, public or private, any projects of the type that the district is authorized to undertake and facilities or property of any nature for the use of the district to carry out any of the purposes authorized by this act.
(9) To borrow money and issue bonds, certificates, warrants, notes, or other evidence of indebtedness as hereinafter provided; to levy such tax and special assessments as may be authorized; and to charge, collect, and enforce fees and other user charges.
(10) To raise, by user charges or fees authorized by resolution of the board, amounts of money which are necessary for the conduct of the district activities and services and to enforce their receipt and collection in the manner prescribed by resolution not inconsistent with law.
(11) To exercise within the district, or beyond the district with prior approval by resolution of the governing body of the county if the taking will occur in an unincorporated area or with prior approval by resolution of the governing body of the municipality if the taking will occur within a municipality, the right and power of eminent domain, pursuant to the provisions of chapters 73 and 74, over any property within the state, except municipal, county, state, and federal property, for the uses and purposes of the district relating solely to water, sewer, district roads, and water management, specifically including, without limitation, the power for the taking of easements for the drainage of the land of one person over and through the land of another.
(12) To cooperate with, or contract with, other governmental agencies as may be necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.
(13) To assess and impose upon lands in the district ad valorem taxes as provided by this act.
(14) To determine, order, levy, impose, collect, and enforce special assessments pursuant to this act and chapter 170. Such special assessments may, in the discretion of the district, be collected and enforced pursuant to the provisions of ss. 197.3631, 197.3632, and 197.3635, chapter 170, or chapter 173.
(15) To exercise all of the powers necessary, convenient, incidental, or proper in connection with any of the powers, duties, or purposes authorized by this act.
(16) To exercise such special powers as may be authorized by this act.
History.—s. 2, ch. 80-407; s. 8, ch. 84-360; s. 46, ch. 89-169; s. 4, ch. 91-308; s. 38, ch. 99-378; s. 1, ch. 2003-39; s. 7, ch. 2007-160; s. 5, ch. 2009-142.
190.012
Special powers; public improvements and community facilities.--
The district shall have, and the board may
exercise, subject to the regulatory jurisdiction
and permitting authority of all applicable
governmental bodies, agencies, and special
districts having authority with respect to any
area included therein, any or all of the
following special powers relating to public
improvements and community facilities authorized
by this act:
(1) To
finance, fund, plan, establish, acquire,
construct or reconstruct, enlarge or extend,
equip, operate, and maintain systems,
facilities, and basic infrastructures for
the following:
(a) Water
management and control for the lands
within the district and to connect some
or any of such facilities with roads and
bridges.
(b) Water
supply, sewer, and wastewater
management, reclamation, and reuse or
any combination thereof, and to
construct and operate connecting
intercepting or outlet sewers and sewer
mains and pipes and water mains,
conduits, or pipelines in, along, and
under any street, alley, highway, or
other public place or ways, and to
dispose of any effluent, residue, or
other byproducts of such system or sewer
system.
(c) Bridges
or culverts that may be needed across
any drain, ditch, canal, floodway,
holding basin, excavation, public
highway, tract, grade, fill, or cut and
roadways over levees and embankments,
and to construct any and all of such
works and improvements across, through,
or over any public right-of-way,
highway, grade, fill, or cut.
(d)1. District
roads equal to or exceeding the
applicable specifications of the
county in which such district roads
are located; roads and improvements
to existing public roads that are
owned by or conveyed to the local
general-purpose government, the
state, or the Federal Government;
street lights; alleys; landscaping;
hardscaping; and the undergrounding
of electric utility lines. Districts
may request the underground
placement of utility lines by the
local retail electric utility
provider in accordance with the
utility’s tariff on file with the
Public Service Commission and may
finance the required contribution.
2. Buses,
trolleys, transit shelters,
ridesharing facilities and services,
parking improvements, and related
signage.
(e) Investigation
and remediation costs associated with
the cleanup of actual or perceived
environmental contamination within the
district under the supervision or
direction of a competent governmental
authority unless the covered costs
benefit any person who is a landowner
within the district and who caused or
contributed to the contamination.
(f) Conservation
areas, mitigation areas, and wildlife
habitat, including the maintenance of
any plant or animal species, and any
related interest in real or personal
property.
(g) Any
other project within or without the
boundaries of a district when a local
government issued a development order
pursuant to s.
380.06 approving or expressly
requiring the construction or funding of
the project by the district, or when the
project is the subject of an agreement
between the district and a governmental
entity and is consistent with the local
government comprehensive plan of the
local government within which the
project is to be located.
(h) Any
other project, facility, or service
required by a development approval,
interlocal agreement, zoning condition,
or permit issued by a governmental
authority with jurisdiction in the
district.
(2) After
the local general-purpose government within
the jurisdiction of which a power specified
in this subsection is to be exercised
consents to the exercise of such power by
the district, the district shall have the
power to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip,
operate, and maintain additional systems and
facilities for:
(a) Parks
and facilities for indoor and outdoor
recreational, cultural, and educational
uses.
(b) Fire
prevention and control, including fire
stations, water mains and plugs, fire
trucks, and other vehicles and
equipment.
(c) School
buildings and related structures and
site improvements, which may be leased,
sold, or donated to the school district,
for use in the educational system when
authorized by the district school board.
(d) Security,
including, but not limited to,
guardhouses, fences and gates,
electronic intrusion-detection systems,
and patrol cars, when authorized by
proper governmental agencies; except
that the district may not exercise any
police power, but may contract with the
appropriate local general-purpose
government agencies for an increased
level of such services within the
district boundaries. However, this
paragraph does not prohibit a district
from contracting with a towing operator
to remove a vehicle or vessel from a
district-owned facility or property if
the district follows the authorization
and notice and procedural requirements
in s.
715.07 for an owner or lessee of
private property. The district’s
selection of a towing operator is not
subject to public bidding if the towing
operator is included in an approved list
of towing operators maintained by the
local government that has jurisdiction
over the district’s facility or
property.
(e) Control
and elimination of mosquitoes and other
arthropods of public health importance.
(f) Waste
collection and disposal.
(3) To
adopt and enforce appropriate rules
following the procedures of chapter 120, in
connection with the provision of one or more
services through its systems and facilities.
(4)(a) To
adopt rules necessary for the district
to enforce certain deed restrictions
pertaining to the use and operation of
real property within the district and
outside the district pursuant to an
interlocal agreement under chapter 163
if within another district or, if not
within another district, with the
consent of the county or municipality in
which the deed restriction enforcement
is proposed to occur. For the purpose of
this subsection, the term “deed
restrictions” means those covenants,
conditions, restrictions, compliance
mechanisms, and enforcement remedies
contained in any applicable declarations
of covenants and restrictions that
govern the use and operation of real
property and, for which covenants,
conditions, and restrictions, there is
no homeowners’ association or property
owner’s association having respective
enforcement powers unless, with respect
to a homeowners’ association whose board
is under member control, the association
and the district agree in writing to
enforcement by the district. The
district may adopt by rule all or
certain portions of the deed
restrictions that:
1. Relate
to limitations, prohibitions,
compliance mechanisms, or
enforcement remedies that apply only
to external appearances or uses and
are deemed by the district to be
generally beneficial for the
district’s landowners and for which
enforcement by the district is
appropriate, as determined by the
district’s board of supervisors; or
2. Are
consistent with the requirements of
a development order or regulatory
agency permit.
(b) The
board may vote to adopt such rules only
when all of the following conditions
exist:
1. The
district was in existence on the
effective date of this subsection,
or is located within a development
that consists of multiple
developments of regional impact and
a Florida Quality Development.
2. For
residential districts, the majority
of the board has been elected by
qualified electors pursuant to the
provisions of s.
190.006.
3. For
residential districts, less than 25
percent of residential units are in
a homeowners’ association.
4. The
declarant in any applicable
declarations of covenants and
restrictions has provided the board
with a written agreement that such
rules may be adopted. A memorandum
of the agreement shall be recorded
in the public records.
(c) Within
60 days after such rules take effect,
the district shall record a notice of
rule adoption stating generally what
rules were adopted and where a copy of
the rules may be obtained. Districts may
impose fines for violations of such
rules and enforce such rules and fines
in circuit court through injunctive
relief.
(d) The
owners of property located outside the
boundary of the district shall elect an
advisor to the district board pursuant
to paragraph (e). The sole
responsibilities of the district board
advisor are to review enforcement
actions proposed by the district board
against properties located outside the
district and make recommendations
relating to those proposed actions.
Before the district board may enforce
its rules against any owner of property
located outside the district, the
district board shall request the
district board advisor to make a
recommendation on the proposed
enforcement action. The district board
advisor must render a recommendation
within 30 days after receiving a request
from the district board or is deemed to
have no objection to the district
board’s proposed decision or action.
(e)1. Whenever
an interlocal agreement is entered
into pursuant to paragraph (a), a
district board advisor seat shall be
created for one elected landowner
whose property is within the
jurisdiction of the governmental
entity entering into the interlocal
agreement but not within the
boundaries of the district. The
district board advisor shall be
elected by landowners whose land is
subject to enforcement by the
district but whose land is not
within the boundaries of the
district. The district board advisor
shall be elected for a 2-year term.
The first election for a district
board advisor shall be within 90
days after the effective date of the
interlocal agreement between the
district and the government entity.
2. The
election of the district board
advisor shall occur at a meeting of
eligible landowners. The district
shall publish notice of the meeting
and election once a week for 2
consecutive weeks in a newspaper of
general circulation in the area of
the parties to the interlocal
agreement. The notice must include
instructions on how all landowners
may participate in the election and
how to obtain a proxy form. The last
day of publication may not be less
than 14 days or more than 28 days
before the date of the election. The
landowners, when assembled at the
meeting, shall organize by electing
a chair who shall conduct the
meeting. The chair may be any person
present at the meeting. If the chair
is a landowner or proxy holder of a
landowner, he or she may nominate
candidates and make and second
motions.
3. At
the meeting, each landowner is
entitled to cast one vote per acre
of land owned by him or her and
located within the district for each
person to be elected. A landowner
may vote in person or by proxy in
writing. Each proxy must be signed
by one of the legal owners of the
property for which the vote is cast
and must contain the typed or
printed name of the individual who
signed the proxy; the street
address, legal description of the
property, or tax parcel
identification number; and the
number of authorized votes. If the
proxy authorizes more than one vote,
each property must be listed and the
number of acres of each property
must be included. The signature on a
proxy need not be notarized. A
fraction of an acre shall be treated
as 1 acre, entitling the landowner
to one vote with respect thereto.
For purposes of determining voting
interests, platted lots shall be
counted individually and rounded up
to the nearest whole acre. The
acreage of platted lots may not be
aggregated for purposes of
determining the number of voting
units held by a landowner or a
landowner’s proxy.
4. If
a vacancy occurs in the district
advisor seat, a special landowner
election shall be held within 60
days after the vacancy using the
notice, proxy, and acreage voting
provisions of this subsection.
History.—s.
2,
ch.
80-407;
s.
51,
ch.
83-217;
s.
9,
ch.
84-360;
s.
47,
ch.
89-169;
s.
8,
ch.
93-51;
s.
39,
ch.
99-378;
s.
15,
ch.
2000-317;
s.
47,
ch.
2000-364;
s.
33,
ch.
2004-345;
s.
30,
ch.
2004-353;
s.
8,
ch.
2007-160;
s.
9,
ch.
2009-142;
s.
2,
ch.
2016-94;
s.
11,
ch.
2018-158.
190.0125
Purchase, privatization, or sale of water, sewer, or wastewater reuse
utility by district.--No community development district may purchase
or sell a water, sewer, or wastewater reuse utility that provides service
to the public for compensation, or enter into a wastewater facility
privatization contract for a wastewater facility, until the governing body
of the community development district has held a public hearing on the
purchase, sale, or wastewater facility privatization contract and made a
determination that the purchase, sale, or wastewater facility
privatization contract is in the public interest. In determining if the
purchase, sale, or wastewater facility privatization contract is in the
public interest, the community development district shall consider, at a
minimum, the following:
(1) The
most recent available income and expense statement for the utility;
(2) The
most recent available balance sheet for the utility, listing assets and
liabilities and clearly showing the amount of
contributions-in-aid-of-construction and the accumulated depreciation
thereon;
(3) A
statement of the existing rate base of the utility for regulatory
purposes;
(4) The
physical condition of the utility facilities being purchased, sold, or
subject to a wastewater facility privatization contract;
(5) The
reasonableness of the purchase, sales, or wastewater facility
privatization contract price and terms;
(6) The
impacts of the purchase, sale, or wastewater facility privatization
contract on utility customers, both positive and negative;
(7)(a) Any
additional investment required and the ability and willingness of the
purchaser or the private firm under a wastewater facility privatization
contract to make that investment, whether the purchaser is the community
development district or the entity purchasing the utility from the
community development district;
(b) In
the case of a wastewater facility privatization contract, the terms and
conditions on which the private firm will provide capital investment and
financing or a combination thereof for contemplated capital replacements,
additions, expansions, and repairs. The community development district
shall give significant weight to this criteria.
(8) The
alternatives to the purchase, sale, or wastewater facility privatization
contract and the potential impact on utility customers if the purchase,
sale, or wastewater facility privatization contract is not made;
(9)(a) The
ability of the purchaser or the private firm under a wastewater facility
privatization contract to provide and maintain high-quality and
cost-effective utility service, whether the purchaser is the community
development district or the entity purchasing the utility from the
community development district;
(b) In
the case of a wastewater facility privatization contract, the community
development district shall give significant weight to the technical
expertise and experience of the private firm in carrying out the
obligations specified in the wastewater facility privatization contract;
and
(10) All
moneys paid by a private firm to a community development district pursuant
to a wastewater facility privatization contract shall be used for the
purpose of reducing or offsetting property taxes, wastewater service
rates, or debt reduction or making infrastructure improvements or capital
asset expenditures or other public purpose; provided, however, nothing
herein shall preclude the community development district from using all or
part of the moneys for the purpose of the community development district's
qualification for relief from the repayment of federal grant awards
associated with the wastewater system as may be required by federal law or
regulation.
The community development district shall prepare a statement showing that
the purchase, sale, or wastewater facility privatization contract is in
the public interest, including a summary of the purchaser's or private
firm's experience in water, sewer, or wastewater reuse utility operation
and a showing of financial ability to provide the service, whether the
purchaser or private firm is the community development district or the
entity purchasing the utility from the community development district.
History.--s.
3, ch. 84-84; s. 9, ch. 93-51; s. 9, ch. 96-202.
190.013
Water management and control plan.--In the event that the board
assumes the responsibility for providing water management and control for
the district as provided in s. 190.012(1)(a) which is to be financed by
benefit special assessments, the board shall proceed to adopt water
management and control plans, assess for benefits, and apportion and levy
special assessments, as follows:
(1) The
board shall cause to be made by the district's engineer, or such other
engineer or engineers as the board may employ for that purpose, complete
and comprehensive water management and control plans for the lands located
within the district that will be improved in any part or in whole by any
system of facilities that may be outlined and adopted, and the engineer
shall make a report in writing to the board with maps and profiles of said
surveys and an estimate of the cost of carrying out and completing the
plans.
(2) Upon
the completion of such plans, the board shall hold a hearing thereon to
hear objections thereto, shall give notice of the time and place fixed for
such hearing by publication once each week for 2 consecutive weeks in a
newspaper of general circulation in the general area of the district, and
shall permit the inspection of the plan at the office of the district by
all persons interested. All objections to the plan shall be filed at or
before the time fixed in the notice for the hearing and shall be in
writing.
(3) After
the hearing, the board shall consider the proposed plan and any objections
thereto and may modify, reject, or adopt the plan or continue the hearing
to a day certain for further consideration of the proposed plan or
modifications thereof.
(4) When
the board approves a plan, a resolution shall be adopted and a certified
copy thereof shall be filed in the office of the secretary and
incorporated by him or her into the records of the district.
(5) The
water management and control plan may be altered in detail from time to
time until the appraisal record herein provided is filed, but not in such
manner as to affect materially the conditions of its adoption. After the
appraisal record has been filed, no alteration of the plan shall be made,
except as provided by this act.
(6) Within
20 days after the final adoption of the plan by the board, the board shall
proceed pursuant to s. 298.301.
History.--s.
2, ch. 80-407; s. 5, ch. 91-308; s. 964, ch. 95-147; s. 26, ch. 97-40.
190.014
Issuance of bond anticipation notes.--In addition to the other powers
provided for in this act, and not in limitation thereof, the district
shall have the power, at any time, and from time to time after the
issuance of any bonds of the district shall have been authorized, to
borrow money for the purposes for which such bonds are to be issued in
anticipation of the receipt of the proceeds of the sale of such bonds and
to issue bond anticipation notes in a principal sum not in excess of the
authorized maximum amount of such bond issue. Such notes shall be in such
denomination or denominations, bear interest at such rate as the board may
determine in compliance with s. 215.84, mature at such time or times not
later than 5 years from the date of issuance, and be in such form and
executed in such manner as the board shall prescribe. Such notes may be
sold at either public or private sale or, if such notes shall be renewal
notes, may be exchanged for notes then outstanding on such terms as the
board shall determine. Such notes shall be paid from the proceeds of such
bonds when issued. The board may, in its discretion, in lieu of retiring
the notes by means of bonds, retire them by means of current revenues or
from any taxes or assessments levied for the payment of such bonds; but in
such event a like amount of the bonds authorized shall not be issued.
Non-ad valorem assessments levied to pay interest on bond anticipation
notes shall not constitute an installment of assessments under s. 190.022.
History.--s.
2, ch. 80-407; s. 9, ch. 83-215; s. 9, ch. 2007-160.
190.015
Short-term borrowing.--The district at any time may obtain loans, in
such amount and on such terms and conditions as the board may approve, for
the purpose of paying any of the expenses of the district or any costs
incurred or that may be incurred in connection with any of the projects of
the district, which loans shall bear such interest as the board may
determine in compliance with s. 215.84, and may be payable from and
secured by a pledge of such funds, revenues, taxes, and assessments as the
board may determine, subject, however, to the provisions contained in any
proceeding under which bonds were theretofore issued and are then
outstanding. For the purpose of defraying such costs and expenses, the
district may issue negotiable notes, warrants, or other evidences of debt
to be payable at such times, to bear such interest as the board may
determine in compliance with s. 215.84, and to be sold or discounted at
such price or prices not less than 95 percent of par value and on such
terms as the board may deem advisable. The board shall have the right to
provide for the payment thereof by pledging the whole or any part of the
funds, revenues, taxes, and assessments of the district. The approval of
the electors residing in the district shall not be necessary except when
required by the State Constitution.
History.--s.
2, ch. 80-407; s. 80, ch. 81-259; s. 10, ch. 83-215.
190.016
Bonds.--
(1)
SALE OF BONDS.—Bonds may be sold in blocks or installments at different times, or an entire issue or series may be sold at one time. Bonds may be sold at public or private sale after such advertisement, if any, as the board may deem advisable but not in any event at less than 90 percent of the par value thereof, together with accrued interest thereon. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered by the district as payment of the purchase price of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price or exchange for any property, real, personal, or mixed, including franchises or services rendered by any contractor, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be:
(a) The money paid for the bonds;
(b) The principal amount, plus accrued interest to the date of redemption or exchange, or outstanding obligations exchanged for refunding bonds; and
(c) In the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the board.
(2) AUTHORIZATION AND FORM OF BONDS.—Any general obligation bonds, benefit bonds, or revenue bonds may be authorized by resolution or resolutions of the board which shall be adopted by a majority of all the members thereof then in office. Such resolution or resolutions may be adopted at the same meeting at which they are introduced and need not be published or posted. The board may, by resolution, authorize the issuance of bonds and fix the aggregate amount of bonds to be issued; the purpose or purposes for which the moneys derived therefrom shall be expended, including, but not limited to, payment of costs as defined in s. 190.003(8); the rate or rates of interest, in compliance with s. 215.84; the denomination of the bonds; whether or not the bonds are to be issued in one or more series; the date or dates of maturity, which shall not exceed 40 years from their respective dates of issuance; the medium of payment; the place or places within or without the state where payment shall be made; registration privileges; redemption terms and privileges, whether with or without premium; the manner of execution; the form of the bonds, including any interest coupons to be attached thereto; the manner of execution of bonds and coupons; and any and all other terms, covenants, and conditions thereof and the establishment of revenue or other funds. Such authorizing resolution or resolutions may further provide for the contracts authorized by s. 159.825(1)(f) and (g) regardless of the tax treatment of such bonds being authorized, subject to the finding by the board of a net saving to the district resulting by reason thereof. Such authorizing resolution may further provide that such bonds may be executed in accordance with the Registered Public Obligations Act, except that bonds not issued in registered form shall be valid if manually countersigned by an officer designated by appropriate resolution of the board. The seal of the district may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he or she had remained in office until such delivery.
(3) INTERIM CERTIFICATES; REPLACEMENT CERTIFICATES.—Pending the preparation of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. The board may also provide for the replacement of any bonds which become mutilated, lost, or destroyed.
(4) NEGOTIABILITY OF BONDS.—Any bond issued under this act or any temporary bond, in the absence of an express recital on the face thereof that it is nonnegotiable, shall be fully negotiable and shall be and constitute a negotiable instrument within the meaning and for all purposes of the law merchant and the laws of the state.
(5) DEFEASANCE.—The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the district in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption and the whole amount of the principal and interest and premium, if any, due and payable upon the bonds or obligations then outstanding shall be held in trust for such purpose and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right, title, and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void; and the board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the district as the board shall determine.
(6) ISSUANCE OF ADDITIONAL BONDS.—If the proceeds of any bonds are less than the cost of completing the project in connection with which such bonds were issued, the board may authorize the issuance of additional bonds, upon such terms and conditions as the board may provide in the resolution authorizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds.
(7) REFUNDING BONDS.—The district shall have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the district that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within 10 years thereafter, or the surrender of which can be procured from the holders thereof at prices satisfactory to the board. Refunding bonds may be issued at any time when in the judgment of the board such issuance will be advantageous to the district. No approval of the qualified electors residing in the district shall be required for the issuance of refunding bonds except in cases in which such approval is required by the State Constitution. The board may by resolution confer upon the holders of such refunding bonds all rights, powers, and remedies to which the holders would be entitled if they continued to be the owners and had possession of the bonds for the refinancing of which such refunding bonds are issued, including, but not limited to, the preservation of the lien of such bonds on the revenues of any project or on pledged funds, without extinguishment, impairment, or diminution thereof. The provisions of this act pertaining to bonds of the district shall, unless the context otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the board with respect to them.
(8) REVENUE BONDS.—
(a) The district shall have the power to issue revenue bonds from time to time without limitation as to amount. Such revenue bonds may be secured by, or payable from, the gross or net pledge of the revenues to be derived from any project or combination of projects; from the rates, fees, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the district; from special assessments; or from any other source or pledged security. Such bonds shall not constitute an indebtedness of the district, and the approval of the qualified electors shall not be required unless such bonds are additionally secured by the full faith and credit and taxing power of the district.
(b)Any two or more projects may be combined and consolidated into a single project and may hereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more of such projects, regardless of whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide that the district may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the district and that revenue bonds to be thereafter issued by the district shall be on parity with the revenue bonds then being issued, all on such terms, conditions, and limitations as shall have been provided in the proceeding which authorized the original bonds.
(9) GENERAL OBLIGATION BONDS.—
(a) The district shall have the power from time to time to issue general obligation bonds to finance or refinance capital projects or to refund outstanding bonds in an aggregate principal amount of bonds outstanding at any one time not in excess of 35 percent of the assessed value of the taxable property within the district as shown on the pertinent tax records at the time of the authorization of the general obligation bonds for which the full faith and credit of the district is pledged. Except for refunding bonds, no general obligation bonds shall be issued unless the bonds are issued to finance or refinance a capital project and the issuance has been approved at an election held in accordance with the requirements for such election as prescribed by the State Constitution. Such elections shall be called to be held in the district by the board of county commissioners of the county upon the request of the board of the district. The expenses of calling and holding an election shall be at the expense of the district, and the district shall reimburse the county for any expenses incurred in calling or holding such election.
(b) The district may pledge its full faith and credit for the payment of the principal and interest on such general obligation bonds and for any reserve funds provided therefor and may unconditionally and irrevocably pledge itself to levy ad valorem taxes on all taxable property in the district, to the extent necessary for the payment thereof, without limitations as to rate or amount.
(c) If the board determines to issue general obligation bonds for more than one capital project, the approval of the issuance of the bonds for each and all such projects may be submitted to the electors on one and the same ballot. The failure of the electors to approve the issuance of bonds for any one or more capital projects shall not defeat the approval of bonds for any capital project which has been approved by the electors.
(d) In arriving at the amount of general obligation bonds permitted to be outstanding at any one time pursuant to paragraph (a), there shall not be included any general obligation bonds which are additionally secured by the pledge of:
1. Special assessments levied in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured, which assessments have been equalized and confirmed by resolution or ordinance of the board pursuant to s. 170.08.
2. Water revenues, sewer revenues, or water and sewer revenues of the district to be derived from user fees in an amount sufficient to pay the principal and interest on the general obligation bonds so additionally secured.
3. Any combination of assessments and revenues described in subparagraphs 1. and 2.
(10) BONDS AS LEGAL INVESTMENT OR SECURITY.—
(a) Notwithstanding any provisions of any other law to the contrary, all bonds issued under the provisions of this act shall constitute legal investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries and for any board, body, agency, instrumentality, county, municipality, or other political subdivision of the state and shall be and constitute security which may be deposited by banks or trust companies as security for deposits of state, county, municipal, or other public funds or by insurance companies as required or voluntary statutory deposits.
(b) Any bonds issued by the district shall be incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defect in the proceedings for the issue and sale thereof.
(11) COVENANTS.—Any resolution authorizing the issuance of bonds may contain such covenants as the board may deem advisable, and all such covenants shall constitute valid and legally binding and enforceable contracts between the district and the bondholders, regardless of the time of issuance thereof. Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds; the use and disposition of project revenues; the pledging of revenues, taxes, and assessments; the obligations of the district with respect to the operation of the project and the maintenance of adequate project revenues; the issuance of additional bonds; the appointment, powers, and duties of trustees and receivers; the acquisition of outstanding bonds and obligations; restrictions on the establishing of competing projects or facilities; restrictions on the sale or disposal of the assets and property of the district; the priority of assessment liens; the priority of claims by bondholders on the taxing power of the district; the maintenance of deposits to assure the payment of revenues by users of district facilities and services; the discontinuance of district services by reason of delinquent payments; acceleration upon default; the execution of necessary instruments; the procedure for amending or abrogating covenants with the bondholders; and such other covenants as may be deemed necessary or desirable for the security of the bondholders.
(12) VALIDATION PROCEEDINGS.—The power of the district to issue bonds under the provisions of this act may be determined, and any of the bonds of the district maturing over a period of more than 5 years shall be validated and confirmed, by court decree, under the provisions of chapter 75 and laws amendatory thereof or supplementary thereto.
(13) ACT FURNISHES FULL AUTHORITY FOR ISSUANCE OF BONDS.—This act constitutes full and complete authority for the issuance of bonds and the exercise of the powers of the district provided herein. No procedures or proceedings, publications, notices, consents, approvals, orders, acts, or things by the board, or any board, officers, commission, department, agency, or instrumentality of the district, other than those required by this act, shall be required to perform anything under this act, except that the issuance or sale of bonds pursuant to the provisions of this act shall comply with the general law requirements applicable to the issuance or sale of bonds by the district. Nothing in this act shall be construed to authorize the district to utilize bond proceeds to fund the ongoing operations of the district.
(14) PLEDGE BY THE STATE TO THE BONDHOLDERS OF THE DISTRICT.—The state pledges to the holders of any bonds issued under this act that it will not limit or alter the rights of the district to own, acquire, construct, reconstruct, improve, maintain, operate, or furnish the projects or to levy and collect the taxes, assessments, rentals, rates, fees, and other charges provided for herein and to fulfill the terms of any agreement made with the holders of such bonds or other obligations and that it will not in any way impair the rights or remedies of such holders.
(15) DEFAULT.—A default on the bonds or obligations of a district shall not constitute a debt or obligation of a local general-purpose government or the state.
History.—s. 2, ch. 80-407; s. 11, ch. 83-215; s. 10, ch. 84-360; s. 24, ch. 85-80; s. 6, ch. 91-308; s. 965, ch. 95-147; s. 8, ch. 98-47; s. 6, ch. 2009-142.
190.017
Trust agreements.--Any issue of bonds shall be secured by a trust
agreement by and between the district and a corporate trustee or trustees,
which may be any trust company or bank having the powers of a trust
company within or without the state. The resolution authorizing the
issuance of the bonds or such trust agreement may pledge the revenues to
be received from any projects of the district and may contain such
provisions for protecting and enforcing the rights and remedies of the
bondholders as the board may approve, including, without limitation,
covenants setting forth the duties of the district in relation to: the
acquisition, construction, reconstruction, improvement, maintenance,
repair, operation, and insurance of any projects; the fixing and revising
of the rates, fees, and charges; and the custody, safeguarding, and
application of all moneys and for the employment of consulting engineers
in connection with such acquisition, construction, reconstruction,
improvement, maintenance, repair, or operation. It shall be lawful for any
bank or trust company within or without the state which may act as a
depository of the proceeds of bonds or of revenues to furnish such
indemnifying bonds or to pledge such securities as may be required by the
district. Such resolution or trust agreement may set forth the rights and
remedies of the bondholders and of the trustee, if any, and may restrict
the individual right of action by bondholders. The board may provide for
the payment of proceeds of the sale of the bonds and the revenues of any
project to such officer, board, or depository as it may designate for the
custody thereof and may provide for the method of disbursement thereof
with such safeguards and restrictions as it may determine. All expenses
incurred in carrying out the provisions of such resolution or trust
agreement may be treated as part of the cost of operation of the project
to which such trust agreement pertains.
History.--s.
2, ch. 80-407.
190.021
Taxes; non-ad valorem assessments.--
(1)
AD VALOREM TAXES.—An elected board shall have the power to levy and assess an ad valorem tax on all the taxable property in the district to construct, operate, and maintain assessable improvements; to pay the principal of, and interest on, any general obligation bonds of the district; and to provide for any sinking or other funds established in connection with any such bonds. An ad valorem tax levied by the board for operating purposes, exclusive of debt service on bonds, shall not exceed 3 mills, except that a district authorized by a local general-purpose government to exercise one or more powers specified in s. 190.012(2) may levy an additional 2 mills for operating purposes, exclusive of debt service on bonds. The ad valorem tax provided for herein shall be in addition to county and all other ad valorem taxes provided for by law. Such tax shall be assessed, levied, and collected in the same manner and same time as county taxes. The levy of ad valorem taxes shall be approved by referendum when required by the State Constitution.
(2) BENEFIT SPECIAL ASSESSMENTS.—The board shall annually determine, order, and levy the annual installment of the total benefit special assessments for bonds issued and related expenses to finance district facilities and projects which are levied under this act. These assessments may be due and collected during each year that county taxes are due and collected, in which case such annual installment and levy shall be evidenced to and certified to the property appraiser by the board not later than August 31 of each year, and such assessment shall be entered by the property appraiser on the county tax rolls, and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds thereof shall be paid to the district. However, this subsection shall not prohibit the district in its discretion from using the method prescribed in either s. 197.363 or s. 197.3632 for collecting and enforcing these assessments. Notice of the proposed amount of the assessment pursuant to s. 200.069 that includes the date and time of the hearing may be used in lieu of the notice provisions of s. 197.3632(4)(b). These benefit special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the assessment for the exercise of the district’s powers under ss. 190.011 and 190.012 shall be determined by the board based upon a report of the district’s engineer and assessed by the board upon such lands, which may be part or all of the lands within the district benefited by the improvement, apportioned between benefited lands in proportion to the benefits received by each tract of land.
(3) MAINTENANCE SPECIAL ASSESSMENTS.—To maintain and preserve the facilities and projects of the district, the board may levy a maintenance special assessment. This assessment may be evidenced to and certified to the property appraiser by the board of supervisors not later than August 31 of each year and shall be entered by the property appraiser on the county tax rolls and shall be collected and enforced by the tax collector in the same manner and at the same time as county taxes, and the proceeds therefrom shall be paid to the district. However, this subsection shall not prohibit the district in its discretion from using the method prescribed in either s. 197.363 or s. 197.3632 for collecting and enforcing these assessments. Notice of the proposed amount of the assessment pursuant to s. 200.069 that includes the date and time of the hearing may be used in lieu of the notice provisions of s. 197.3632(4)(b). These maintenance special assessments shall be a lien on the property against which assessed until paid and shall be enforceable in like manner as county taxes. The amount of the maintenance special assessment for the exercise of the district’s powers under ss. 190.011 and 190.012 shall be determined by the board based upon a report of the district’s engineer and assessed by the board upon such lands, which may be all of the lands within the district benefited by the maintenance thereof, apportioned between the benefited lands in proportion to the benefits received by each tract of land.
(4) ENFORCEMENT OF TAXES.—The collection and enforcement of all taxes levied by the district shall be at the same time and in like manner as county taxes, and the provisions of the Florida Statutes relating to the sale of lands for unpaid and delinquent county taxes; the issuance, sale, and delivery of tax certificates for such unpaid and delinquent county taxes; the redemption thereof; the issuance to individuals of tax deeds based thereon; and all other procedures in connection therewith shall be applicable to the district to the same extent as if such statutory provisions were expressly set forth herein. All taxes shall be subject to the same discounts as county taxes.
(5) WHEN UNPAID TAX IS DELINQUENT; PENALTY.—All taxes provided for in this act shall become delinquent and bear penalties on the amount of such taxes in the same manner as county taxes.
(6) TAX EXEMPTION.—All bonds issued hereunder and interest paid thereon and all fees, charges, and other revenues derived by the district from the projects provided by this act are exempt from all taxes by the state or by any political subdivision, agency, or instrumentality thereof; however, any interest, income, or profits on debt obligations issued hereunder are not exempt from the tax imposed by chapter 220. Further, districts are not exempt from the provisions of chapter 212.
(7) TRANSITIONAL PROVISIONS.—Nothing in this act shall be deemed to affect any benefit tax, maintenance tax, non-ad valorem assessment, ad valorem tax, or special assessment imposed by a community development district as of June 21, 1991. Nothing in this act shall be construed to affect any tax or assessment pledged to secure or authorized pursuant to a trust indenture under this chapter, and the district imposing such tax or assessment is hereby authorized to impose such tax or assessment under the terms required by the trust indenture. The terms benefit taxes or maintenance taxes used in this chapter prior to June 21, 1991, are redesignated as benefit or maintenance special assessments pursuant to this act, and such terms may be used interchangeably under the terms of an existing trust indenture.
(8) STATUS OF ASSESSMENTS.—Benefit special assessments, maintenance special assessments, and special assessments are non-ad valorem assessments as defined by s. 197.3632.
(9) ASSESSMENTS CONSTITUTE LIENS; COLLECTION.—Benefit special assessments and maintenance special assessments authorized by this section, and special assessments authorized by s. 190.022 and chapter 170, shall constitute a lien on the property against which assessed from the date of imposition thereof until paid, coequal with the lien of state, county, municipal, and school board taxes. These non-ad valorem assessments may be collected, at the district’s discretion, by the tax collector pursuant to the provisions of s. 197.363 or s. 197.3632, or in accordance with other collection measures provided by law.
(10) LAND OWNED BY GOVERNMENTAL ENTITY.—Except as otherwise provided by law, no levy of ad valorem taxes or non-ad valorem assessments under this chapter, or chapter 170, chapter 197, or otherwise, by a board of a district on property of a governmental entity that is subject to a ground lease as described in s. 190.003(14), shall constitute a lien or encumbrance on the underlying fee interest of such governmental entity.
History.—s. 2, ch. 80-407; s. 11, ch. 84-360; s. 48, ch. 89-169; s. 7, ch. 91-308; s. 40, ch. 99-378; s. 35, ch. 2000-364; s. 10, ch. 2007-160; s. 7, ch. 2009-142.
190.022
Special assessments.--
(1) The
board may levy special assessments for the construction, reconstruction,
acquisition, or maintenance of district facilities authorized under this
chapter using the procedures for levy and collection provided in chapter
170 or chapter 197.
(2) Notwithstanding
the provisions of s. 170.09, district assessments may be made payable in
no more than 30 yearly installments.
History.--s.
2, ch. 80-407; s. 12, ch. 84-360; s. 8, ch. 91-308; s. 41, ch. 99-378.
190.023
Issuance of certificates of indebtedness based on assessments for
assessable improvements; assessment bonds.--
(1) The
board may, after any assessments for assessable improvements are made,
determined, and confirmed as provided in s. 190.022, issue certificates of
indebtedness for the amount so assessed against the abutting property or
property otherwise benefited, as the case may be; and separate
certificates shall be issued against each part or parcel of land or
property assessed, which certificates shall state the general nature of
the improvement for which the assessment is made. The certificates shall
be payable in annual installments in accordance with the installments of
the special assessment for which they are issued. The board may determine
the interest to be borne by such certificates, in compliance with s.
215.84, and may sell such certificates at either private or public sale
and determine the form, manner of execution, and other details of such
certificates. The certificates shall recite that they are payable only
from the special assessments levied and collected from the part or parcel
of land or property against which they are issued. The proceeds of such
certificates may be pledged for the payment of principal of and interest
on any revenue bonds or general obligation bonds issued to finance in
whole or in part such assessable improvement, or, if not so pledged, may
be used to pay the cost or part of the cost of such assessable
improvements.
(2) The
district may also issue assessment bonds or other obligations payable from
a special fund into which such certificates of indebtedness referred to in
the preceding subsection may be deposited; or, if such certificates of
indebtedness have not been issued, the district may assign to such special
fund for the benefit of the holders of such assessment bonds or other
obligations, or to a trustee for such bondholders, the assessment liens
provided for in this act unless such certificates of indebtedness or
assessment liens have been theretofore pledged for any bonds or other
obligations authorized hereunder. In the event of the creation of such
special fund and the issuance of such assessment bonds or other
obligations, the proceeds of such certificates of indebtedness or
assessment liens deposited therein shall be used only for the payment of
the assessment bonds or other obligations issued as provided in this
section. The district is authorized to covenant with the holders of such
assessment bonds or other obligations that it will diligently and
faithfully enforce and collect all the special assessments and interest
and penalties thereon for which such certificates of indebtedness or
assessment liens have been deposited in or assigned to such fund; to
foreclose such assessment liens so assigned to such special fund or
represented by the certificates of indebtedness deposited in the special
fund, after such assessment liens have become delinquent, and deposit the
proceeds derived from such foreclosure, including interest and penalties,
in such special fund; and to make any other covenants deemed necessary or
advisable in order to properly secure the holders of such assessment bonds
or other obligations.
(3) The
assessment bonds or other obligations issued pursuant to this section
shall have such dates of issue and maturity as shall be deemed advisable
by the board; however, the maturities of such assessment bonds or other
obligations shall not be more than 2 years after the due date of the last
installment which will be payable on any of the special assessments for
which such assessment liens, or the certificates of indebtedness
representing such assessment liens, are assigned to or deposited in such
special fund.
(4) Such
assessment bonds or other obligations issued under this section shall bear
such interest as the board may determine, not to exceed a rate which is in
compliance with s. 215.84, and shall be executed, shall have such
provisions for redemption prior to maturity, shall be sold in the manner
and be subject to all of the applicable provisions contained in this act
for revenue bonds, except as the same may be inconsistent with the
provisions of this section.
(5) All
assessment bonds or other obligations issued under the provisions of this
act, except certificates of indebtedness issued against separate lots or
parcels of land or property as provided in this section, shall be and
constitute and shall have all the qualities and incidents of negotiable
instruments under the law merchant and the laws of the state.
History.--s.
2, ch. 80-407; s. 81, ch. 81-259; s. 12, ch. 83-215.
190.024
Tax liens.--All taxes of the district provided for in this act,
together with all penalties for default in the payment of the same and all
costs in collecting the same, including a reasonable attorney's fee fixed
by the court and taxed as a cost in the action brought to enforce payment,
shall, from January 1 for each year the property is liable to assessment
and until paid, constitute a lien of equal dignity with the liens for
state and county taxes and other taxes of equal dignity with state and
county taxes upon all the lands against which such taxes shall be levied.
A sale of any of the real property within the district for state and
county or other taxes shall not operate to relieve or release the property
so sold from the lien for subsequent district taxes or installments of
district taxes, which lien may be enforced against such property as though
no such sale thereof had been made. The provisions of ss. 194.171,
197.122, 197.333, and 197.432 shall be applicable to district taxes with
the same force and effect as if such provisions were expressly set forth
in this act.
History.--s.
2, ch. 80-407; s. 33, ch. 82-226; s. 202, ch. 85-342; s. 27, ch. 95-280.
190.025
Payment of taxes and redemption of tax liens by the district; sharing in
proceeds of tax sale.--
(1) The
district has the right to:
(a) Pay
any delinquent state, county, district, municipal, or other tax or
assessment upon lands located wholly or partially within the boundaries of
the district; and
(b) To
redeem or purchase any tax sales certificates issued or sold on account of
any state, county, district, municipal, or other taxes or assessments upon
lands located wholly or partially within the boundaries of the district.
(2) Delinquent
taxes paid, or tax sales certificates redeemed or purchased, by the
district, together with all penalties for the default in payment of the
same and all costs in collecting the same and a reasonable attorney's fee,
shall constitute a lien in favor of the district of equal dignity with the
liens of state and county taxes and other taxes of equal dignity with
state and county taxes upon all the real property against which the taxes
were levied. The lien of the district may be foreclosed in the manner
provided in this act.
(3) In
any sale of land pursuant to s. 197.542 and amendments thereto, the
district may certify to the clerk of the circuit court of the county
holding such sale the amount of taxes due to the district upon the lands
sought to be sold; and the district shall share in the disbursement of the
sales proceeds in accordance with the provisions of this act and under the
laws of the state.
History.--s.
2, ch. 80-407; s. 203, ch. 85-342.
190.026
Foreclosure of liens.--Any lien in favor of the district arising under
this act may be foreclosed by the district by foreclosure proceedings in
the name of the district in a court of competent jurisdiction as provided
by general law in like manner as is provided in chapter 170 or chapter 173
and amendments thereto; the provisions of those chapters shall be
applicable to such proceedings with the same force and effect as if those
provisions were expressly set forth in this act. Any act required or
authorized to be done by or on behalf of a municipality in foreclosure
proceedings under chapter 170 or chapter 173 may be performed by such
officer or agent of the district as the board of supervisors may
designate. Such foreclosure proceedings may be brought at any time after
the expiration of 1 year from the date any tax, or installment thereof,
becomes delinquent; however no lien shall be foreclosed against any
political subdivision or agency of the state. Other legal remedies shall
remain available.
History.--s.
2, ch. 80-407; s. 11, ch. 2007-160.
190.031
Mandatory use of certain district facilities and services.--To the
full extent permitted by law, the district shall require all lands,
buildings, premises, persons, firms, and corporations within the district
to use the water management and control facilities and water and sewer
facilities of the district.
History.--s.
2, ch. 80-407.
190.033
Bids required.--
(1) No
contract shall be let by the board for any goods, supplies, or materials
to be purchased when the amount thereof to be paid by the district shall
exceed the amount provided in s. 287.017 for category four, unless notice
of bids or other competitive solicitation, including requests for
proposals or qualifications, is advertised once in a newspaper in general
circulation in the county and in the district. Any board seeking to
construct or improve a public building, structure, or other public works
shall comply with the bidding procedures of s. 255.20 and other applicable
general law. In each case, the bid of the lowest responsive and
responsible bidder shall be accepted unless all bids are rejected because
the bids are too high, or the board determines it is in the best interests
of the district to reject all bids. In each case in which requests for
proposals, qualifications, or other competitive solicitations are used,
the district shall determine which response is most advantageous for the
district and award the contract to that proposer. The board may require
the bidders or proposers to furnish bond with a responsible surety to be
approved by the board. If the district does not receive a response to its
competitive solicitation, the district may proceed to purchase such goods,
supplies, materials, or construction services in the manner it deems in
the best interests of the district. Nothing in this section shall prevent
the board from undertaking and performing the construction, operation, and
maintenance of any project or facility authorized by this act by the
employment of labor, material, and machinery.
(2) The
provisions of the Consultants' Competitive Negotiation Act, s. 287.055,
apply to contracts for engineering, architecture, landscape architecture,
or registered surveying and mapping services let by the board.
(3) Contracts
for maintenance services for any district facility or project shall be
subject to competitive solicitation requirements when the amount thereof
to be paid by the district exceeds the amount provided in s. 287.017 for
category four. The district shall adopt rules, policies, or procedures
establishing competitive solicitation procedures for maintenance services.
Contracts for other services shall not be subject to competitive
solicitation unless the district adopts a rule, policy, or procedure
applying competitive solicitation procedures to said contracts.
History.--s.
2, ch. 80-407; s. 9, ch. 91-308; s. 113, ch. 94-119; s. 42, ch. 99-378; s.
12, ch. 2007-160.
190.035
Fees, rentals, and charges; procedure for adoption and modifications;
minimum revenue requirements.--
(1) The
district is authorized to prescribe, fix, establish, and collect rates,
fees, rentals, or other charges, hereinafter sometimes referred to as
"revenues," and to revise the same from time to time, for the
facilities and services furnished by the district, within the limits of
the district, including, but not limited to, recreational facilities,
water management and control facilities, and water and sewer systems; to
recover the costs of making connection with any district facility or
system; and to provide for reasonable penalties against any user or
property for any such rates, fees, rentals, or other charges that are
delinquent.
(2) No
such rates, fees, rentals, or other charges for any of the facilities or
services of the district shall be fixed until after a public hearing at
which all the users of the proposed facility or services or owners,
tenants, or occupants served or to be served thereby and all other
interested persons shall have an opportunity to be heard concerning the
proposed rates, fees, rentals, or other charges. Rates, fees, rentals, and
other charges shall be adopted under the administrative rulemaking
authority of the district, but shall not apply to district leases. Notice
of such public hearing setting forth the proposed schedule or schedules of
rates, fees, rentals, and other charges shall have been published in a
newspaper in the county and of general circulation in the district at
least once and at least 10 days prior to such public hearing. The
rulemaking hearing may be adjourned from time to time. After such hearing,
such schedule or schedules, either as initially proposed or as modified or
amended, may be finally adopted. A copy of the schedule or schedules of
such rates, fees, rentals, or charges as finally adopted shall be kept on
file in an office designated by the board and shall be open at all
reasonable times to public inspection. The rates, fees, rentals, or
charges so fixed for any class of users or property served shall be
extended to cover any additional users or properties thereafter served
which shall fall in the same class, without the necessity of any notice or
hearing.
(3) Such
rates, fees, rentals, and charges shall be just and equitable and uniform
for users of the same class, and when appropriate may be based or computed
either upon the amount of service furnished, upon the number of average
number of persons residing or working in or otherwise occupying the
premises served, or upon any other factor affecting the use of the
facilities furnished, or upon any combination of the foregoing factors, as
may be determined by the board on an equitable basis.
(4) The
rates, fees, rentals, or other charges prescribed shall be such as will
produce revenues, together with any other assessments, taxes, revenues, or
funds available or pledged for such purpose, at least sufficient to
provide for the items hereinafter listed, but not necessarily in the order
stated:
(a) To
provide for all expenses of operation and maintenance of such facility or
service;
(b) To
pay when due all bonds and interest thereon for the payment of which such
revenues are, or shall have been, pledged or encumbered, including
reserves for such purpose; and
(c) To
provide for any other funds which may be required under the resolution or
resolutions authorizing the issuance of bonds pursuant to this act.
(5) The
board shall have the power to enter into contracts for the use of the
projects of the district and with respect to the services and facilities
furnished or to be furnished by the district.
History.--s.
2, ch. 80-407; s. 10, ch. 91-308.
190.036
Recovery of delinquent charges.--In the event that any rates, fees,
rentals, charges, or delinquent penalties shall not be paid as and when
due and shall be in default for 60 days or more, the unpaid balance
thereof and all interest accrued thereon, together with reasonable
attorney's fees and costs, may be recovered by the district in a civil
action.
History.--s.
2, ch. 80-407.
190.037
Discontinuance of service.--In the event the fees, rentals, or other
charges for water and sewer services, or either of them, are not paid when
due, the board shall have the power, under such reasonable rules and
regulations as the board may adopt, to discontinue and shut off both water
and sewer services until such fees, rentals, or other charges, including
interest, penalties, and charges for the shutting off and discontinuance
and the restoration of such water and sewer services or both, are fully
paid; and, for such purposes, the board may enter on any lands, waters, or
premises of any person, firm, corporation, or body, public or private,
within the district limits. Such delinquent fees, rentals, or other
charges, together with interest, penalties, and charges for the shutting
off and discontinuance and the restoration of such services and facilities
and reasonable attorney's fees and other expenses, may be recovered by the
district, which may also enforce payment of such delinquent fees, rentals,
or other charges by any other lawful method of enforcement.
History.--s.
2, ch. 80-407; s. 82, ch. 81-259.
190.041
Enforcement and penalties.--The board or any aggrieved person may have
recourse to such remedies in law and at equity as may be necessary to
ensure compliance with the provisions of this act, including injunctive
relief to enjoin or restrain any person violating the provisions of this
act or any bylaws, resolutions, regulations, rules, codes, or orders
adopted under this act. In case any building or structure is erected,
constructed, reconstructed, altered, repaired, converted, or maintained,
or any building, structure, land, or water is used, in violation of this
act or of any code, order, resolution, or other regulation made under
authority conferred by this act or under law, the board or any citizen
residing in the district may institute any appropriate action or
proceeding to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance, or use; to
restrain, correct, or avoid such violation; to prevent the occupancy of
such building, structure, land, or water; and to prevent any illegal act,
conduct, business, or use in or about such premises, land, or water.
History.--s.
2, ch. 80-407; s. 83, ch. 81-259.
190.043
Suits against the district.--Any suit or action brought or maintained
against the district for damages arising out of tort, including, without
limitation, any claim arising upon account of an act causing an injury or
loss of property, personal injury, or death, shall be subject to the
limitations provided in s. 768.28.
History.--s.
2, ch. 80-407.
190.044
Exemption of district property from execution.--
(1) A landowner or the board may petition to contract or expand the boundaries of a community development district in the following manner:
(a) The petition shall contain the same information required by s. 190.005(1)(a)1. and 8. In addition, if the petitioner seeks to expand the district, the petition shall describe the proposed timetable for construction of any district services to the area, the estimated cost of constructing the proposed services, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land use plan element of the adopted local government local comprehensive plan. If the petitioner seeks to contract the district, the petition shall describe what services and facilities are currently provided by the district to the area being removed, and the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area by the future land element of the adopted local government comprehensive plan.
(b) For those districts initially established by county ordinance, the petition for ordinance amendment shall be filed with the county commission. If the land to be included or excluded is, in whole or in part, within the boundaries of a municipality, then the county commission shall not amend the ordinance without municipal approval. A public hearing shall be held in the same manner and with the same public notice as other ordinance amendments. The county commission shall consider the record of the public hearing and the factors set forth in s. 190.005(1)(e) in making its determination to grant or deny the petition for ordinance amendment.
(c) For those districts initially established by municipal ordinance pursuant to s. 190.005(2)(e), the municipality shall assume the duties of the county commission set forth in paragraph (b); however, if any of the land to be included or excluded, in whole or in part, is outside the boundaries of the municipality, then the municipality shall not amend its ordinance without county commission approval.
(d)1. For those districts initially established by administrative rule pursuant to s. 190.005(1), the petition shall be filed with the Florida Land and Water Adjudicatory Commission.
2. Prior to filing the petition, the petitioner shall pay a filing fee of $1,500, to the county if the district or the land to be added or deleted from the district is located within an unincorporated area or to the municipality if the district or the land to be added or deleted is located within an incorporated area, and to each municipality the boundaries of which are contiguous with or contain all or a portion of the land within or to be added to or deleted from the external boundaries of the district. The petitioner shall submit a copy of the petition to the same entities entitled to receive the filing fee. In addition, if the district is not the petitioner, the petitioner shall file the petition with the district board of supervisors.
3. Each county and each municipality shall have the option of holding a public hearing as provided by s. 190.005(1)(c). However, the public hearing shall be limited to consideration of the contents of the petition and whether the petition for amendment should be supported by the county or municipality.
4. The district board of supervisors shall, in lieu of a hearing officer, hold the local public hearing provided for by s. 190.005(1)(d). This local public hearing shall be noticed in the same manner as provided in s. 190.005(1)(d). Within 45 days of the conclusion of the hearing, the district board of supervisors shall transmit to the Florida Land and Water Adjudicatory Commission the full record of the local hearing, the transcript of the hearing, any resolutions adopted by the local general-purpose governments, and its recommendation whether to grant the petition for amendment. The commission shall then proceed in accordance with s. 190.005(1)(e).
5. A rule amending a district boundary shall describe the land to be added or deleted.
(e)1. During the existence of a district initially established by administrative rule, the process to amend the boundaries of the district pursuant to paragraphs (a)-(d) shall not permit a cumulative net total greater than 10 percent of the land in the initial district, and in no event greater than 250 acres on a cumulative net basis.
2. During the existence of a district initially established by county or municipal ordinance, the process to amend the boundaries of the district pursuant to paragraphs (a)-(d) shall not permit a cumulative net total greater than 50 percent of the land in the initial district, and in no event greater than 500 acres on a cumulative net basis.
(f) Petitions to amend the boundaries of the district that exceed the amount of land specified in paragraph (e) shall be processed in accordance with s. 190.005, and the petition shall include only the elements set forth in s. 190.005(1)(a)1. and 5.-8. and the consent required by paragraph (g). However, the resulting administrative rule or ordinance may only amend the boundaries of the district and may not establish a new district or cause a new 6-year or 10-year period to begin pursuant to s. 190.006(3)(a)2. The filing fee for such petitions shall be as set forth in s. 190.005(1)(b) and (2), as applicable.
(g) In all cases of a petition to amend the boundaries of a district, the filing of the petition by the district board of supervisors constitutes consent of the landowners within the district. In all cases, written consent of those landowners whose land is to be added to or deleted from the district as provided in s. 190.005(1)(a)2. is required.
(2) The district shall remain in existence unless:
(a) The district is merged with another district as provided in subsection (3);
(b) All of the specific community development systems, facilities, and services that it is authorized to perform have been transferred to a general-purpose unit of local government in the manner provided in subsections (4), (5), and (6); or
(c) The district is dissolved as provided in subsection (7), subsection (8), or subsection (9).
(3) The district may merge with other community development districts upon filing a petition for merger, which petition shall include the elements set forth in s. 190.005(1) and which shall be evaluated using the criteria set forth in s. 190.005(1)(e). The filing fee shall be as set forth in s. 190.005(1)(b). In addition, the petition shall state whether a new district is to be established or whether one district shall be the surviving district. The district may merge with any other special districts upon filing a petition for establishment of a community development district pursuant to s. 190.005. The government formed by a merger involving a community development district pursuant to this section shall assume all indebtedness of, and receive title to, all property owned by the preexisting special districts, and the rights of creditors and liens upon property shall not be impaired by such merger. Any claim existing or action or proceeding pending by or against any district that is a party to the merger may be continued as if the merger had not occurred, or the surviving district may be substituted in the proceeding for the district that ceased to exist. Prior to filing the petition, the districts desiring to merge shall enter into a merger agreement and shall provide for the proper allocation of the indebtedness so assumed and the manner in which such debt shall be retired. The approval of the merger agreement and the petition by the board of supervisors of the district shall constitute consent of the landowners within the district.
(4) The local general-purpose government within the geographical boundaries of which the district lies may adopt a nonemergency ordinance providing for a plan for the transfer of a specific community development service from a district to the local general-purpose government. The plan must provide for the assumption and guarantee of the district debt that is related to the service by the local general-purpose government and must demonstrate the ability of the local general-purpose government to provide such service:
(a) As efficiently as the district.
(b) At a level of quality equal to or higher than the level of quality actually delivered by the district to the users of the service.
(c) At a charge equal to or lower than the actual charge by the district to the users of the service.
(5) No later than 30 days following the adoption of a transfer plan ordinance, the board of supervisors may file, in the circuit court for the county in which the local general-purpose government that adopted the ordinance is located, a petition seeking review by certiorari of the factual and legal basis for the adoption of the transfer plan ordinance.
(6) Upon the transfer of all of the community development services of the district to a general-purpose unit of local government, the district shall be terminated in accordance with a plan of termination which shall be adopted by the board of supervisors and filed with the clerk of the circuit court.
(7) If, within 5 years after the effective date of the rule or ordinance establishing the district, a landowner has not received a development permit, as defined in chapter 380, on some part or all of the area covered by the district, then the district will be automatically dissolved and a judge of the circuit court shall cause a statement to that effect to be filed in the public records.
(8) In the event the district has become inactive pursuant to s.
189.062, the respective board of county commissioners or city commission shall be informed and it shall take appropriate action.
(9) If a district has no outstanding financial obligations and no operating or maintenance responsibilities, upon the petition of the district, the district may be dissolved by a nonemergency ordinance of the general-purpose local governmental entity that established the district or, if the district was established by rule of the Florida Land and Water Adjudicatory Commission, the district may be dissolved by repeal of such rule of the commission.
History.—s. 2, ch. 80-407; ss. 13, 19, ch. 84-360; s. 49, ch. 89-169; s. 11, ch. 91-308; s. 43, ch. 99-378; s. 34, ch. 2004-345; s. 31, ch. 2004-353; s. 10, ch. 2009-142.
190.046 Termination,
contraction, or expansion of district.—
(1) A
landowner or
the board
may petition
to contract
or expand
the
boundaries
of a
community
development
district in
the
following
manner:
(a) The
petition
shall
contain
the same
information
required
by s.
190.005(1)(a)1.
and 8.
In
addition,
if the
petitioner
seeks to
expand
the
district,
the
petition
shall
describe
the
proposed
timetable
for
construction
of any
district
services
to the
area,
the
estimated
cost of
constructing
the
proposed
services,
and the
designation
of the
future
general
distribution,
location,
and
extent
of
public
and
private
uses of
land
proposed
for the
area by
the
future
land use
plan
element
of the
adopted
local
government
local
comprehensive
plan. If
the
petitioner
seeks to
contract
the
district,
the
petition
shall
describe
what
services
and
facilities
are
currently
provided
by the
district
to the
area
being
removed,
and the
designation
of the
future
general
distribution,
location,
and
extent
of
public
and
private
uses of
land
proposed
for the
area by
the
future
land
element
of the
adopted
local
government
comprehensive
plan.
(b) For
those
districts
initially
established
by
county
ordinance,
the
petition
for
ordinance
amendment
shall be
filed
with the
county
commission.
If the
land to
be
included
or
excluded
is, in
whole or
in part,
within
the
boundaries
of a
municipality,
then the
county
commission
shall
not
amend
the
ordinance
without
municipal
approval.
A public
hearing
shall be
held in
the same
manner
and with
the same
public
notice
as other
ordinance
amendments.
The
county
commission
shall
consider
the
record
of the
public
hearing
and the
factors
set
forth in
s.
190.005(1)(e)
in
making
its
determination
to grant
or deny
the
petition
for
ordinance
amendment.
(c) For
those
districts
initially
established
by
municipal
ordinance
pursuant
to s.
190.005(2)(e),
the
municipality
shall
assume
the
duties
of the
county
commission
set
forth in
paragraph
(b);
however,
if any
of the
land to
be
included
or
excluded,
in whole
or in
part, is
outside
the
boundaries
of the
municipality,
then the
municipality
shall
not
amend
its
ordinance
without
county
commission
approval.
(d)1. For
those
districts
initially
established
by
administrative
rule
pursuant
to
s.
190.005(1),
the
petition
shall
be
filed
with
the
Florida
Land
and
Water
Adjudicatory
Commission.
2. Prior
to
filing
the
petition,
the
petitioner
shall
pay
a
filing
fee
of
$1,500,
to
the
county
if
the
district
or
the
land
to
be
added
or
deleted
from
the
district
is
located
within
an
unincorporated
area
or
to
the
municipality
if
the
district
or
the
land
to
be
added
or
deleted
is
located
within
an
incorporated
area,
and
to
each
municipality
the
boundaries
of
which
are
contiguous
with
or
contain
all
or a
portion
of
the
land
within
or
to
be
added
to
or
deleted
from
the
external
boundaries
of
the
district.
The
petitioner
shall
submit
a
copy
of
the
petition
to
the
same
entities
entitled
to
receive
the
filing
fee.
In
addition,
if
the
district
is
not
the
petitioner,
the
petitioner
shall
file
the
petition
with
the
district
board
of
supervisors.
3. Each
county
and
each
municipality
shall
have
the
option
of
holding
a
public
hearing
as
provided
by
s.
190.005(1)(c).
However,
the
public
hearing
shall
be
limited
to
consideration
of
the
contents
of
the
petition
and
whether
the
petition
for
amendment
should
be
supported
by
the
county
or
municipality.
4. The
district
board
of
supervisors
shall,
in
lieu
of a
hearing
officer,
hold
the
local
public
hearing
provided
for
by
s.
190.005(1)(d).
This
local
public
hearing
shall
be
noticed
in
the
same
manner
as
provided
in
s.
190.005(1)(d).
Within
45
days
of
the
conclusion
of
the
hearing,
the
district
board
of
supervisors
shall
transmit
to
the
Florida
Land
and
Water
Adjudicatory
Commission
the
full
record
of
the
local
hearing,
the
transcript
of
the
hearing,
any
resolutions
adopted
by
the
local
general-purpose
governments,
and
its
recommendation
whether
to
grant
the
petition
for
amendment.
The
commission
shall
then
proceed
in
accordance
with
s.
190.005(1)(e).
5. A
rule
amending
a
district
boundary
shall
describe
the
land
to
be
added
or
deleted.
(e)1. During
the
existence
of a
district
initially
established
by
administrative
rule,
the
process
to
amend
the
boundaries
of
the
district
pursuant
to
paragraphs
(a)-(d)
shall
not
permit
a
cumulative
net
total
greater
than
50
percent
of
the
land
in
the
initial
district,
and
in
no
event
greater
than
1,000
acres
on a
cumulative
net
basis.
2. During
the
existence
of a
district
initially
established
by
county
or
municipal
ordinance,
the
process
to
amend
the
boundaries
of
the
district
pursuant
to
paragraphs
(a)-(d)
shall
not
permit
a
cumulative
net
total
greater
than
50
percent
of
the
land
in
the
initial
district,
and
in
no
event
greater
than
1,000
acres
on a
cumulative
net
basis.
(f) Petitions
to amend
the
boundaries
of the
district
that
exceed
the
amount
of land
specified
in
paragraph
(e)
shall be
processed
in
accordance
with s.
190.005,
and the
petition
shall
include
only the
elements
set
forth in
s.
190.005(1)(a)1.
and
5.-8.
and the
consent
required
by
paragraph
(g).
However,
the
resulting
administrative
rule or
ordinance
may only
amend
the
boundaries
of the
district
and may
not
establish
a new
district
or cause
a new
6-year
or
10-year
period
to begin
pursuant
to s.
190.006(3)(a)2.
The
filing
fee for
such
petitions
shall be
as set
forth in
s.
190.005(1)(b),
as
applicable.
(g) In
all
cases of
a
petition
to amend
the
boundaries
of a
district,
the
filing
of the
petition
by the
district
board of
supervisors
constitutes
consent
of the
landowners
within
the
district.
In all
cases,
written
consent
of those
landowners
whose
land is
to be
added to
or
deleted
from the
district
as
provided
in s.
190.005(1)(a)2.
is
required.
(2) The
district
shall remain
in existence
unless:
(a) The
district
is
merged
with
another
district
as
provided
in
subsection
(3) or
subsection
(4);
(b) All
of the
specific
community
development
systems,
facilities,
and
services
that it
is
authorized
to
perform
have
been
transferred
to a
general-purpose
unit of
local
government
in the
manner
provided
in
subsections
(5),
(6), and
(7); or
(c) The
district
is
dissolved
as
provided
in
subsection
(8),
subsection
(9), or
subsection
(10).
(3) The
district may
merge with
other
community
development
districts
upon filing
a petition
for merger,
which
petition
shall
include the
elements set
forth in s.
190.005(1)
and which
shall be
evaluated
using the
criteria set
forth in s.
190.005(1)(e).
The filing
fee shall be
as set forth
in s.
190.005(1)(b).
In addition,
the petition
shall state
whether a
new district
is to be
established
or whether
one district
shall be the
surviving
district.
The district
may merge
with any
other
special
districts
upon filing
a petition
for
establishment
of a
community
development
district
pursuant to
s.
190.005.
The
government
formed by a
merger
involving a
community
development
district
pursuant to
this section
shall assume
all
indebtedness
of, and
receive
title to,
all property
owned by the
preexisting
special
districts,
and the
rights of
creditors
and liens
upon
property
shall not be
impaired by
such merger.
Any claim
existing or
action or
proceeding
pending by
or against
any district
that is a
party to the
merger may
be continued
as if the
merger had
not
occurred, or
the
surviving
district may
be
substituted
in the
proceeding
for the
district
that ceased
to exist.
Prior to
filing the
petition,
the
districts
desiring to
merge shall
enter into a
merger
agreement
and shall
provide for
the proper
allocation
of the
indebtedness
so assumed
and the
manner in
which such
debt shall
be retired.
The approval
of the
merger
agreement
and the
petition by
the board of
supervisors
of the
district
shall
constitute
consent of
the
landowners
within the
district.
(4)(a) To
achieve
economies
of
scale,
reduce
costs to
affected
district
residents
and
businesses
in areas
with
multiple
existing
districts,
and
encourage
the
merger
of
multiple
districts,
up to
five
districts
that
were
established
by the
same
local
general-purpose
government
and
whose
board
memberships
are
composed
entirely
of
qualified
electors
may
merge
into one
surviving
district
through
adoption
of an
ordinance
by the
local
general-purpose
government,
notwithstanding
the
acreage
limitations
otherwise
set
forth
for the
establishment
of a
district
in this
chapter.
The
filing
of a
petition
by the
majority
of the
members
of each
district
board of
supervisors
seeking
to merge
constitutes
consent
of the
landowners
within
each
applicable
district.
(b) In
addition
to
meeting
the
requirements
of
subsection
(3), a
merger
agreement
entered
into
between
the
district
boards
subject
to this
subsection
must
also:
1. Require
the
surviving
merged
district
board
to
consist
of
five
elected
board
members.
2. Require
each
at-large
board
seat
to
represent
the
entire
geographic
area
of
the
surviving
merged
district.
3. Ensure
that
each
district
to
be
merged
is
entitled
to
elect
at
least
one
board
member
from
its
former
boundary.
4. Ensure
a
fair
allocation
of
board
membership
to
represent
the
districts
being
merged.
To
that
end:
a. If two districts merge, two board members shall be elected from each of the districts and one member shall be elected at-large.
b. If three districts merge, one board member shall be elected from each of the three districts and two board members shall be elected at-large.
c. If four districts merge, one board member shall be elected from each of the four districts and one board member shall be elected at-large.
d. If five districts merge, one board member shall be elected from each of the five districts.
5. Require
the
election
of
board
members
for
the
surviving
merged
district
to
be
held
at
the
next
general
election
following
the
merger,
at
which
time
all
terms
of
preexisting
board
members
shall
end
and
the
merger
shall
be
legally
in
effect.
(c) Before
filing
the
merger
petition
with the
local
general-purpose
government
under
this
subsection,
each
district
proposing
to merge
must
hold a
public
hearing
within
its
district
to
provide
information
about
and take
public
comment
on the
proposed
merger,
merger
agreement,
and
assignment
of board
seats.
Notice
of the
hearing
shall be
published
at least
14 days
before
the
hearing.
If,
after
the
public
hearing,
a
district
board
decides
that it
no
longer
wants to
merge
and
cancels
the
proposed
merger
agreement,
the
remaining
districts
must
each
hold
another
public
hearing
on the
revised
merger
agreement.
A
petition
to merge
may not
be filed
for at
least 30
days
after
the last
public
hearing
held by
the
districts
proposing
to
merge.
(5) The
local
general-purpose
government
within the
geographical
boundaries
of which the
district
lies may
adopt a
nonemergency
ordinance
providing
for a plan
for the
transfer of
a specific
community
development
service from
a district
to the local
general-purpose
government.
The plan
must provide
for the
assumption
and
guarantee of
the district
debt that is
related to
the service
by the local
general-purpose
government
and must
demonstrate
the ability
of the local
general-purpose
government
to provide
such
service:
(a) As
efficiently
as the
district.
(b) At
a level
of
quality
equal to
or
higher
than the
level of
quality
actually
delivered
by the
district
to the
users of
the
service.
(c) At
a charge
equal to
or lower
than the
actual
charge
by the
district
to the
users of
the
service.
(6) No
later than
30 days
following
the adoption
of a
transfer
plan
ordinance,
the board of
supervisors
may file, in
the circuit
court for
the county
in which the
local
general-purpose
government
that adopted
the
ordinance is
located, a
petition
seeking
review by
certiorari
of the
factual and
legal basis
for the
adoption of
the transfer
plan
ordinance.
(7) Upon
the transfer
of all of
the
community
development
services of
the district
to a
general-purpose
unit of
local
government,
the district
shall be
terminated
in
accordance
with a plan
of
termination
which shall
be adopted
by the board
of
supervisors
and filed
with the
clerk of the
circuit
court.
(8) If,
within 5
years after
the
effective
date of the
rule or
ordinance
establishing
the
district, a
landowner
has not
received a
development
permit, as
defined in
chapter 380,
on some part
or all of
the area
covered by
the
district,
then the
district
will be
automatically
dissolved
and a judge
of the
circuit
court shall
cause a
statement to
that effect
to be filed
in the
public
records.
(9) In
the event
the district
has become
inactive
pursuant to
s.
189.062,
the
respective
board of
county
commissioners
or city
commission
shall be
informed and
it shall
take
appropriate
action.
(10) If
a district
has no
outstanding
financial
obligations
and no
operating or
maintenance
responsibilities,
upon the
petition of
the
district,
the district
may be
dissolved by
a
nonemergency
ordinance of
the
general-purpose
local
governmental
entity that
established
the district
or, if the
district was
established
by rule of
the Florida
Land and
Water
Adjudicatory
Commission,
the district
may be
dissolved by
repeal of
such rule of
the
commission.
History.—s.
2, ch. 80-407; ss. 13, 19, ch. 84-360; s.
49, ch. 89-169; s. 11, ch. 91-308; s. 43, ch.
99-378; s. 34, ch. 2004-345; s. 31, ch.
2004-353; s. 10, ch. 2009-142; s. 22, ch.
2013-15; s. 70, ch. 2014-22; s. 3, ch.
2016-94; s. 4, ch. 2017-3.
190.047
Incorporation or annexation of district.--
(1) Upon attaining the population standards for incorporation contained in s. 165.061 and as determined by the Department of Economic Opportunity, any district wholly contained within the unincorporated area of a county that also meets the other requirements for incorporation contained in s. 165.061 shall hold a referendum at a general election on the question of whether to incorporate. However, any district contiguous to the boundary of a municipality may be annexed to such municipality pursuant to the provisions of chapter 171.
(2) The Department of Economic Opportunity shall annually monitor the status of the district for purposes of carrying out the provisions of this section.
History.—s. 14, ch. 84-360; s. 13, ch. 2007-160; s. 71, ch. 2011-142.
190.048
Sale of real estate within a district; required disclosure to purchaser.--Subsequent
to the establishment of a district under this chapter, each contract for
the initial sale of a parcel of real property and each contract for the
initial sale of a residential unit within the district shall include,
immediately prior to the space reserved in the contract for the signature
of the purchaser, the following disclosure statement in boldfaced and
conspicuous type which is larger than the type in the remaining text of
the contract: "THE (Name of District)
COMMUNITY DEVELOPMENT DISTRICT MAY IMPOSE AND LEVY TAXES OR ASSESSMENTS,
OR BOTH TAXES AND ASSESSMENTS, ON THIS PROPERTY. THESE TAXES AND
ASSESSMENTS PAY THE CONSTRUCTION, OPERATION, AND MAINTENANCE COSTS OF
CERTAIN PUBLIC FACILITIES AND SERVICES OF THE DISTRICT AND ARE SET
ANNUALLY BY THE GOVERNING BOARD OF THE DISTRICT. THESE TAXES AND
ASSESSMENTS ARE IN ADDITION TO COUNTY AND OTHER LOCAL GOVERNMENTAL TAXES
AND ASSESSMENTS AND ALL OTHER TAXES AND ASSESSMENTS PROVIDED FOR BY
LAW."
History.--s.
15, ch. 84-360; s. 3, ch. 90-46; s. 44, ch. 99-378.
190.0485
Notice of establishment.--Within 30 days after the effective date of a
rule or ordinance establishing a community development district under this
act, the district shall cause to be recorded in the property records in
the county in which it is located a "Notice of Establishment of the
__________ Community Development District." The notice shall, at a
minimum, include the legal description of the district and a copy of the
disclosure statement specified in s. 190.048.
History.--s.
45, ch. 99-378.
190.049
Special acts prohibited.--Pursuant to s. 11(a)(21), Art. III of the
State Constitution, there shall be no special law or general law of local
application creating an independent special district which has the powers
enumerated in two or more of the paragraphs contained in s. 190.012,
unless such district is created pursuant to the provisions of s.
189.031.
History.--s.
2, ch. 80-407; s. 16, ch. 84-360; s. 47, ch. 99-378.
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