Fla. Stat. § 190.001
Short title
This act may be cited as the “Uniform Community Development District Act of 1980.”
Florida Statutes Chapter 190 — COMMUNITY DEVELOPMENT DISTRICTS
Florida · statute · Fla. Stat. ch. 190 · 35 active provisions
Fla. Stat. § 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…
Fla. Stat. § 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 improveme…
Fla. Stat. § 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…
Fla. Stat. § 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…
Fla. Stat. § 190.006
Board of supervisors; members and meetings
(1) The board of the district shall exercise the powers granted to the district pursuant to this act. The board shall consist of five members; except as otherwise provided herein, each member shall hold office for a term of 2 years or 4 years, as provided in this section, and until a successor is chosen and qualifies.…
Fla. Stat. § 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 maintain…
Fla. Stat. § 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 sha…
Fla. Stat. § 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 distr…
Fla. Stat. § 190.011
General powers
The district shall have, and the body 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; an…
Fla. Stat. § 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 improvemen…
Fla. Stat. § 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…
Fla. Stat. § 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 spec…
Fla. Stat. § 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 anticipatio…
Fla. Stat. § 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…
Fla. Stat. § 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, to…
Fla. Stat. § 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 r…
Fla. Stat. § 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…
Fla. Stat. § 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…
Fla. Stat. § 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 a…
Fla. Stat. § 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 prop…
Fla. Stat. § 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, municipa…
Fla. Stat. § 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 ch…
Fla. Stat. § 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.
Fla. Stat. § 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…
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