All Roll Calls
Yes: 152 • No: 0
FloridaHB 40252025HouseWALLET
Lee County
Sponsored By: Tiffany Esposito (Republican)
Signed by Governor
AppropriationIntergovernmental Affairs SubcommitteeWays & Means CommitteeState Affairs CommitteeRules
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Bill Overview
Analyzed Economic Effects
16 provisions identified: 7 benefits, 3 costs, 6 mixed.
Duke Farm Owners Face Added Assessments
The district can impose authorized assessments, fees, and user charges; maintenance taxes require authorization under general law. Owners of land benefiting from bond-funded improvements face yearly assessments based on benefits received, following required reports, notices, and hearings. Assessments create property liens with tax-level priority; repayment can run up to 40 years, with optional prepayment formulas and discounts. Assessments for county tax-roll collection must be certified by August 31; annual tax and assessment liens date from January 1. Authorized enforcement includes lawsuits and service shutoffs after charges remain unpaid 60 days, and foreclosure after one year of delinquency. Foreclosure cannot target state agencies or political subdivisions, and the law sets no property-specific charge.
Duke Farm Property Taxes Need Approval
The district can levy property-value taxes only after all five supervisors are qualified district voters elected by district voters. A majority voting in a general-election referendum must also approve this taxing authority. Operating taxes cannot exceed 3 mills, or $3 per $1,000 of taxable value. That operating cap excludes bond debt payments. The law authorizes taxes for improvements and debt costs but does not set an actual levy or household bill.
Duke Farm Residents Can Challenge Violations
District residents can bring legal actions to prevent or correct specified unlawful construction, use, occupancy, or related conduct. The conduct must violate an order, resolution, or rule made under this law or general law. This enforcement right does not itself provide a cash award.
Duke Farm Buyers Get Cost Warnings
Initial sale contracts for district parcels or homes must warn that district taxes and assessments can add to other charges. The warning must be bold, easy to see, and placed immediately before the buyer's signature. The district must disclose improvement financing and maintenance information to current and prospective residents and record disclosures in county property records. Developers must include this information in public offering statements when those statements are required. The district must record its creation notice within 30 days after the first board election and maintain a website by its first full fiscal year's end.
Duke Farm Workers Gain Retirement Option
The district can apply to cover its employees under the Florida Retirement System in the same manner as state employees. The law does not require an application or automatically enroll workers. Coverage depends on the district applying.
Duke Farm Changes Require Local Review
The board needs Lee County's required resolution or official statement before seeking legislative boundary changes, merger, or termination. The district continues until lawmakers dissolve it or it becomes inactive under state law. It can absorb community development districts located wholly inside its boundaries, using agreements covering debts, board transition, and service responsibilities. Each participating district must hold a hearing within 45 days after all parties sign, with at least 14 days' notice. Each must approve the merger and file the agreement and resolutions with Lee County, which must dissolve the absorbed districts by ordinance.
Duke Farm Gains Local Service Options
The district can support transit, parks, schools, security, waste collection, mosquito control, health care, higher education, and green infrastructure. Outside projects need agreements and must fit local plans; school transfers, security, and cleanup work require stated government approvals or oversight. District-funded cleanup cannot benefit a landowner who caused or contributed to contamination. The district can build communications infrastructure and arrange resale through providers, but cannot sell retail communications or electricity directly. Existing utility franchise rights remain protected.
Duke Farm Debt Stays With District
District default or dissolution does not make its bonds or other debts obligations of Florida or general-purpose local governments. Those local governments do not have to take over district property or debt. They also do not have to finish district infrastructure or continue district services.
Duke Farm Bonds Gain Investor Protections
Florida pledges not to weaken covered district revenue powers, bond agreements, or bondholders' rights and remedies. Issuance or sale errors do not invalidate bonds held by good-faith purchasers who paid value. Bonds qualify as investments for specified institutions and public entities and can secure public funds or statutory insurance deposits. Where general law allows, district bonds, interest, and project revenues are exempt from Florida state and local taxes. The law preserves chapter 220 taxes on covered interest, income, or profits and keeps the district subject to chapter 212.
Claims Against Duke Farm Face Limits
Claims against the district for injury, death, or property loss face Florida's government tort-claim limits under section 768.28. District property cannot be seized and sold to pay judgments. A judgment does not create a lien on district property or revenue. Bondholders can still enforce liens or revenue pledges that secure their bonds.
Duke Farm Gains Property Enforcement Powers
The district can take private property for public use through eminent domain, but cannot take government property. Takings outside its boundaries require advance county approval in unincorporated areas or city approval within a city. The district can also enforce qualifying deed restrictions on appearance or property use when no owners' association has enforcement powers. A member-controlled homeowners' association can instead agree in writing to district enforcement. Eligible restrictions must meet the law's appearance or use standards, or match a development order or regulatory permit.
Duke Farm Voters Gradually Gain Control
Landowners elect the first five supervisors within 90 days after the law takes effect, using one vote per acre per seat. Initial terms end November 23, 2027, for two members and November 27, 2029, for three; elections recur every two years beginning November 2027. At 1,200, 1,600, 2,000, 2,300, and 2,500 registered district voters, residents elect one, two, three, four, and five seats, respectively. Transfers follow the next general election without cutting current terms short; election-year counts use April 15 totals and are determined by June 1. Resident elections are districtwide and nonpartisan, with four-year terms starting the second Tuesday after the November election; members must be U.S. citizens and Florida residents, and resident-elected members must live in the district.
Duke Farm Utilities Bring Possible Charges
The district can build water, sewer, reclaimed-water, irrigation, drainage, roads, bridges, pathways, and lighting systems, but need not provide them. Utility agreements, permits, and other government rules still apply. It can charge utility rates, connection fees, and penalties, and require system use to the extent allowed by law. Rates must be fair and uniform within customer classes or based on use, with a hearing after at least 10 days' notice. District-owned infrastructure and infrastructure funded by district tax-exempt bonds remain public; reasonable fees and rules cannot deny reasonable access.
Duke Farm Budgets Face Public Oversight
The board must hire a manager, name a Florida-resident treasurer, authorize staff decisions, and approve spending with required signatures. Independent audits, public records, and annual public facilities reports support oversight. Budget proposals are due July 15, go to Lee County at least 60 days before adoption, and require a hearing before adoption ahead of October 1. Public-officer ethics rules apply, but landowner ties alone do not violate the named conflict-of-interest or abuse-of-position rules. This exception covers supervisors, the manager, and staff who hold stock, serve as officers, or work for landowners or their affiliates.
New Duke Farm Government Keeps County Limits
The law creates the Duke Farm Stewardship District, covering about 1,131.53 acres in Lee County. It cannot set zoning rules, issue development permits, or replace county land-use and environmental controls. Creating the district and using its limited management and financing powers do not trigger chapter 380 development review. Powers exercised elsewhere in Lee County need authorization through county agreements, development orders, or land-use rules. The district automatically receives compatible new community development district powers granted through specified laws enacted after January 1, 2025.
Duke Farm Can Borrow With Limits
The district can borrow and issue bonds backed by taxes, assessments, or revenues, but cannot fund ongoing operations with bond proceeds. Bonds can last 40 years; notes anticipating authorized bonds must mature within five years. Outstanding general obligation bonds face a 35% cap based on assessed taxable property value. Bonds sufficiently backed by confirmed assessments or water or sewer revenues are excluded from that cap. General obligation bonds generally need voter approval; revenue bonds need it when also backed by full district taxing power. General obligation debt can carry property-tax pledges without a rate cap; bonds cannot sell below 90% of face value, or notes and similar debt below 95%.
Sponsors & Cosponsors
Sponsor
Tiffany Esposito
Republican • House
Cosponsors
Intergovernmental Affairs Subcommittee
Affiliation unavailable
Roll Call Votes
Senate vote • 4/30/2025
Senate Floor Vote
Yes: 36 • No: 0
House vote • 4/16/2025
House Floor Vote
Yes: 116 • No: 0
Actions Timeline
Chapter No. 2025-231
7/8/2025Approved by Governor
6/23/2025Signed by Officers and presented to Governor
6/18/2025Ordered enrolled
4/30/2025HouseIn Messages
4/30/2025HouseCS passed; YEAS 36 NAYS 0 -SJ 738
4/30/2025SenateRead 3rd time -SJ 738
4/30/2025SenateRead 2nd time -SJ 738
4/30/2025SenatePlaced on Calendar, on 2nd reading -SJ 736
4/30/2025SenateWithdrawn from Rules -SJ 736
4/30/2025SenateReceived
4/22/2025SenateReferred to Rules
4/16/2025SenateIn Messages
4/16/2025SenateCS passed; YEAS 116, NAYS 0
4/16/2025HouseRead 3rd time
4/16/2025HouseAdded to Third Reading Calendar
4/16/2025HousePlaced on 3rd reading
4/16/2025HouseRead 2nd time
4/16/2025HouseBill added to Special Order Calendar (4/16/2025)
4/10/2025HouseAdded to Second Reading Calendar
4/2/2025HouseBill released to House Calendar
4/2/2025HouseReported out of State Affairs Committee
4/2/2025HouseFavorable by State Affairs Committee
4/2/2025HouseAdded to State Affairs Committee agenda
3/31/2025HouseNow in State Affairs Committee
3/20/2025House
Bill Text
er
6/23/2025
c1
3/13/2025
Filed
2/17/2025