190.001 – Short Title.

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.

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 […]

190.003 – Definitions.

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 […]

190.004 – Preemption; Sole Authority.

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 […]

190.005 – Establishment of District.

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 […]

190.006 – Board of Supervisors; Members and Meetings.

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 […]

190.007 – Board of Supervisors; General Duties.

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 […]

190.008 – Budget; Reports and Reviews.

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 […]

190.009 – Disclosure of Public Financing.

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 […]

190.011 – General Powers.

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 […]

190.012 – Special Powers; Public Improvements and Community Facilities.

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 […]

190.0125 – Purchase, Privatization, or Sale of Water, Sewer, or Wastewater Reuse Utility by District.

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 […]

190.013 – Water Management and Control Plan.

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 […]

190.014 – Issuance of Bond Anticipation Notes.

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 […]

190.015 – Short-Term Borrowing.

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 […]

190.016 – Bonds.

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 […]

190.017 – Trust Agreements.

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 […]

190.021 – Taxes; Non-Ad Valorem Assessments.

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 […]

190.022 – Special Assessments.

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. […]

190.023 – Issuance of Certificates of Indebtedness Based on Assessments for Assessable Improvements; Assessment Bonds.

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 […]