Chapter 190 — Chapter 190
35 sections in this chapter.
Fla. Stat. § 190.001 Short title
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This act may be cited as the “Uniform Community Development District Act of 1980.”
Fla. Stat. § 190.002 Legislative findings, policies, and intent
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(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;…
Fla. Stat. § 190.003 Definitions
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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 …
Fla. Stat. § 190.004 Preemption; sole authority
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(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 validit…
Fla. Stat. § 190.005 Establishment of district
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(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 establishmen…
Fla. Stat. § 190.006 Board of supervisors; members and meetings
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(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 unt…
Fla. Stat. § 190.007 Board of supervisors; general duties
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(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 …
Fla. Stat. § 190.008 Budget; reports and reviews
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(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…
Fla. Stat. § 190.009 Disclosure of public financing
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(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…
Fla. Stat. § 190.011 General powers
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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 pers…
Fla. Stat. § 190.012 Special powers; public improvements and community facilities
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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 spec…
Fla. Stat. § 190.0125 Purchase, privatization, or sale of water, sewer, or wastewater reuse utility by district
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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…
Fla. Stat. § 190.013 Water management and control plan
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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 f…
Fla. Stat. § 190.014 Issuance of bond anticipation notes
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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 su…
Fla. Stat. § 190.015 Short-term borrowing
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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,…
Fla. Stat. § 190.016 Bonds
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(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…
Fla. Stat. § 190.017 Trust agreements
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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 …
Fla. Stat. § 190.021 Taxes; non-ad valorem assessments
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(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 …
Fla. Stat. § 190.022 Special assessments
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(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…
Fla. Stat. § 190.023 Issuance of certificates of indebtedness based on assessments for assessable improvements; assessment bonds
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(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…
Fla. Stat. § 190.024 Tax liens
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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, shal…
Fla. Stat. § 190.025 Payment of taxes and redemption of tax liens by the district; sharing in proceeds of tax sale
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(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 …
Fla. Stat. § 190.026 Foreclosure of liens
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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 amendm…
Fla. Stat. § 190.031 Mandatory use of certain district facilities and services
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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
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(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 …
Fla. Stat. § 190.035 Fees, rentals, and charges; procedure for adoption and modifications; minimum revenue requirements
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(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…
Fla. Stat. § 190.036 Recovery of delinquent charges
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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 reco…
Fla. Stat. § 190.037 Discontinuance of service
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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 u…
Fla. Stat. § 190.041 Enforcement and penalties
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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, res…
Fla. Stat. § 190.043 Suits against the district
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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…
Fla. Stat. § 190.044 Exemption of district property from execution
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All district property shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against such property, nor shall any judgment against the district be a charge or lien on its property or revenues; however, nothing containe…
Fla. Stat. § 190.046 Termination, contraction, or expansion of district
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(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 …
Fla. Stat. § 190.048 Sale of real estate within a district; required disclosure to purchaser
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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 contrac…
Fla. Stat. § 190.0485 Notice of establishment
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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 Developmen…
Fla. Stat. § 190.049 Special acts prohibited
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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 …