Res No 040-25-16332RESOLUTION NO.040-25-16332
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,SUPPORTING THE CREATION OF THE
DOWNTOWN SOMI COMMUNITY DEVELOPMENT
DISTRICT BY MIDTOWN DEVELOPMENT,LLC,(THE
“DEVELOPER”),ON BEHALF OF SUNSET
OPPORTUNITIES Bl,LLC AND SUNSET Cl,LLC,(THE
“OWNERS”);PROVIDING FOR TRANSMITTAL;
PROVIDING FOR IMPLEMENTATION,CORRECTIONS,
AND AN EFFECTIVE DATE.
WHEREAS,on October 15,2024,the City of South Miami (the “City”)Commission
approved an application for initial site plan submitted by the Developer and Owners for the
proposed redevelopment of the approximately 10.09-acre property known as “Sunset Place”
located at 5701-5795 SW 72nd Street within the zoning district known as “Downtown Somi
District”(the “Property”);and
WHEREAS,pursuant to Resolution No.158-24-16263,adopted October 15,2024,the
City and the Developer entered into a development agreement (the “Development Agreement”)to
govern redevelopment of the project at the Property (the “Project”);and
WHEREAS,the Project contemplates development of 1,513 residential dwelling units and
approximately 550,000 square feet of non-residential floor area including Commercial,Food &
Beverage,Office and Hotel proposed uses,in areas zoned for a maximum height (including
bonuses)of 12,15,25,and 33 stories;and
WHEREAS,the Developer will submit a petition to Miami-Dade County for the
establishment of the Downtown SoMi Community Development District (the “District”)to plan,
finance,construct,operate,and maintain community-wide infrastructure and services within the
boundaries of the Project;and
WHEREAS,the City Commission desires to support the creation of the District by the
Developer for the Project,subject to final review and approval of the petition by the City Manager;
and
WHEREAS,the City Commission finds that this Resolution is in the best interest and
welfare of the City.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AS FOLLOWS:
Section 1.Recitals.The above-stated recitals are true and correct and are incorporated
herein by this reference.
Res.No.040-25-16332
Section 2.Support.The City Commission hereby supports the creation of the District
by the Developer for the Project,subject to final review and approval of the petition by the City
Manager.
Section 3.Urging Board of County Commissioners to Approve Petition.The City
Commission hereby urges the Miami-Dade County Board of County Commissioners to establish
the District consistent with the Development Agreement between the Developer and the City,and
Chapter 190,Florida Statutes.
Section 4.Transmittal.That the City Commission hereby directs the City Clerk to
transmit a copy of this Resolution to the Miami-Dade Board of County Commissioners,the County
Clerk,and the County Attorney’s Office.
Section 5.Implementation.The City Manager is authorized to take any and all
actions necessary to implement the Agreement and the purposes of this Resolution.
Section 6.Corrections.Conforming language or technical scrivener-type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 7.Effective Date.This Resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 3rd day of June,2025.
ATTEST:
READ AND APPROVED AS TO FORM,
LANGUAGE,LEGALITY AND
EXECUTION THEREOF
&BIERMAN,P.L.
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:4-0
Mayor Javier Fernandez:Yea
Vice Mayor Brian Corey:Yea
Commissioner Lisa Bonich:Yea
Commissioner Steve Calle:Absent
Commissioner Danny Rodriguez:Yea
Page 2 of 2
Agenda Item No:1.
City Commission Agenda Item Report
Meeting Date: June 3, 2025
Submitted by: Daniela Cimo
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA,
SUPPORTING THE CREATION OF THE DOWNTOWN SOMI COMMUNITY DEVELOPMENT DISTRICT BY
MIDTOWN DEVELOPMENT, LLC, (THE “DEVELOPER”), ON BEHALF OF SUNSET OPPORTUNITIES B1,
LLC AND SUNSET C1, LLC, (THE “OWNERS”); PROVIDING FOR TRANSMITTAL; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. 3/5 (MAYOR FERNANDEZ)
Suggested Action:
Attachments:
CA Memo-SoMi CDD.DOCX
Resolution Supporting Creation of SoMI CDD.DOCX
Sunset Place CDD - SoMi Brief v2.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY ATTORNEY
INTER-OFFICE MEMORANDUM
TO: The Honorable Mayor, Vice Mayor, and Members of the City Commission
FROM: Lillian Arango and Tony Recio, City Attorneys
CC: Genaro “Chip” Iglesias
DATE: June 3, 2025 City Commission Meeting
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, SUPPORTING THE CREATION OF THE DOWNTOWN SOMI
COMMUNITY DEVELOPMENT DISTRICT BY MIDTOWN DEVELOPMENT, LLC, (THE
“DEVELOPER”), ON BEHALF OF SUNSET OPPORTUNITIES B1, LLC AND SUNSET C1,
LLC, (THE “OWNERS”); PROVIDING FOR TRANSMITTAL; PROVIDING FOR
IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE.
______________________________________________________________________________
The accompanying Resolution was prepared and placed on the agenda at the request of Mayo r
Fernandez.
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SoutP'Miami
THE CITY OF PLEASANT LIVING
SoMI CDD – Briefing Packet
Midtown Development, LLC, seeks to create the Downtown SoMi Community Development
District (“CDD”) within the following boundaries –
The above boundary incorporates all of the property included within the Downtown SoMi District,
as defined in Section 20-3.1 of the City of South Miami Land Development Regulations.
What is a CDD?
A CDD is a governmental unit created to serve the long-term specific needs of its community. Created
pursuant to Chapter 190 of the Florida Statutes (“Exhibit A”), a CDD’s statutory authority includes the
power to plan, finance, construct, operate and maintain community-wide infrastructure and services
specifically for the benefit of the residents within its boundaries.
What does the CDD do?
Through a CDD, the community can offer its residents a broad range of community-related services and
infrastructure. CDD responsibilities may include storm water management, potable and irrigation water
supply, sewer and wastewater management, maintenance of roads, sidewalks, streetlights, and other similar
infrastructure.
The intention and planned responsibilities of the Downtown SoMi CDD include:
• Build-out and maintenance of site infrastructure (sewer, streets, sidewalks, etc.)
• Build-out, maintenance, and operation of the public parking garage
• Storm water management
• Potable and irrigation water supply
• Sewer and Wastewater management
• Operation and maintenance of parking garage roof-top athletics club
How does a CDD operate?
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SoMi
A CDD is governed by a Boards of Supervisors, consisting of five members. Initially, CDD governance lies
with the landowners, but later transitions to the residents after 6 years. Thereafter, the Board of Supervisors
is elected by the majority vote of the electors within the District. Like all municipal, state, county, and
national elections, the Office of the Supervisor of Elections oversees the vote, and CDD Supervisors are
subject to state ethics and financial disclosure laws.
With certain exemptions specified by law, the CDD’s business is conducted in the “Sunshine,” which means
all meetings and records are open to the public. Public hearings are held on CDD assessments and the
CDD’s budget and financial records are subject to annual independent audit.
The Cost of a CDD
The cost of operating a CDD is borne by those who benefit from its services. Property owners in the CDD
are subject to a non-ad valorem assessment, which appears on their annual property tax bill from the county
tax collector. The assessment may consist of two parts:
• An annual assessment for operations and maintenance, which can fluctuate up and down from
year-to-year based on the budget adopted for that fiscal year; and
• An annual capital or debt service assessment to repay bonds sold by the CDD to finance
community infrastructure and facilities, which annual assessments are generally fixed for the term
of the bonds.
With regard to the operation and maintenance (“O&M”) costs borne by a CDD, some of the usual O&M
items include:
• Street & Road Maintenance – Regular street sweeping, road cleaning, and waste removal
help keep the district’s streets and sidewalks in good condition.
• Landscaping & Irrigation – Funds support plant replacements, tree maintenance, irrigation
system repairs, and general landscaping to enhance the community’s appearance.
• Utility Costs – The district covers electricity, water for irrigation, and other essential utilities
for public areas.
• Repairs & Infrastructure Upkeep – Maintenance of district buildings, electrical systems,
signage, playground equipment, and holiday decorations ensures public spaces remain
functional and attractive.
• Security & Janitorial Services – A significant portion of the budget is allocated to security
services for the district grounds and janitorial services to maintain cleanliness in shared
spaces.
• Capital Improvements – Some funds are set aside for larger projects and upgrades to
improve community infrastructure over time
Examples of other city resolutions can be found in Exhibits B, C, and D.
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Exhibit A
Chapter 190 of 2023 Florida Statutes
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
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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.
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(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, org anized, 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.
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(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.
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(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 th e provisions of chapter
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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
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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.
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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 for 4 successive weeks on a publicly accessible website as provided in s. 50.0311
or, if published in print, in a newspaper at least once a week for the 4 successive weeks immediately
prior to the hearing as provided in chapter 50. 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. If published in the print edition of a
newspaper, the advertisement may not be placed in the portion of the newspaper where legal
notices and classified advertisements appear. The advertisement must be published in a newspaper
in the county and of general interest and readership in the community pursuant to chapter 50.
Whenever possible, the advertisement shall appear in a newspaper that is published at least weekly,
unless the only newspaper in the community is published less than weekly. If the noti ce is
published in the print edition of the newspaper, the map must also be included in any online
advertisement 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.
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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.
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(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; s. 17, ch. 2021-17; s. 16, ch. 2022-103.
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. The members of the board must be residents of the state and citizens of the
United States.
(2)(a) Within 90 days following the effective date of the rule or ordinance establishing the
district, there shall be held a meeting of the landowners of the district for the purpose of electing
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five supervisors for the district. Notice of the landowners’ meeting shall be published once a week
for 2 consecutive weeks in a newspaper which is in general circulation in the area of the district,
the last day of such publication to be not fewer than 14 days or more than 28 days before the date
of the election. The landowners, when assembled at such 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.
(b) At such meeting, each landowner shall be 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, entit ling 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 shall
not be aggregated for determining the number of voting units held by a landowner or a landowner’s
proxy. The two candidates receiving the highest number of votes shall be elected for a period of 4
years, and the three candidates receiving the next largest number of votes shall be elected for a
period of 2 years, with the term of office for each successful candidate commencing upon election.
The members of the first board elected by landowners shall serve their respective 4-year or 2-year
terms; however, the next election by landowners shall be held on the first Tuesday in November.
Thereafter, there shall be an election of supervisors for the district every 2 years in November on
a date established by the board and noticed pursuant to paragraph (a). The second and subsequent
landowners’ election shall be announced at a public meeting of the board at least 90 days prior to
the date of the landowners’ meeting and shall also be noticed pursuant to paragraph (a). Instructions
on how all landowners may participate in the election, along with sample proxies, shall be provided
during the board meeting that announces the landowners’ meeting. The two candidates receiving
the highest number of votes shall be elected to serve for a 4-year period, and the remaining
candidate elected shall serve for a 2-year period.
(3)(a)1. If the board proposes to exercise the ad valorem taxing power authorized by s. 190.021,
the district board shall call an election at which the members of the board of supervisors will be
elected. Such election shall be held in conjunction with a primary or general election unless the
district bears the cost of a special election. Each member shall be elected by the qualified electors
of the district for a term of 4 years, except that, at the first such election, three members shall be
elected for a period of 4 years and two members shall be elected for a period of 2 years. All elected
board members must be qualified electors of the district.
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2.a. Regardless of whether a district has proposed to levy ad valorem taxes, commencing 6 years
after the initial appointment of members or, for a district exceeding 5,000 acres in area or for a
compact, urban, mixed-use district, 10 years after the initial appointment of members, the position
of each member whose term has expired shall be filled by a qualified elector of the district, elected
by the qualified electors of the district. However, for those districts established after June 21, 1991,
and for those existing districts established after December 31, 1983, which have less than 50
qualified electors on June 21, 1991, sub-subparagraphs b. and d. shall apply. If, in the 6th year
after the initial appointment of members, or 10 years after such initial appointment for districts
exceeding 5,000 acres in area or for a compact, urban, mixed-use district, there are not at least 250
qualified electors in the district, or for a district exceeding 5,000 acres or for a compact, urban,
mixed-use district, there are not at least 500 qualified electors, members of the board shall continue
to be elected by landowners.
b. After the 6th or 10th year, once a district reaches 250 or 500 qualified electors, respectively,
then the positions of two board members whose terms are expiring shall be filled by qualified
electors of the district, elected by the qualified electors of the district for 4-year terms. The
remaining board member whose term is expiring shall be elected for a 4-year term by the
landowners and is not required to be a qualified elector. Thereafter, as terms expire, board members
shall be qualified electors elected by qualified electors of the district for a term of 4 years.
c. Once a district qualifies to have any of its board members elected by the qualified electors of
the district, the initial and all subsequent elections by the qualified electors of the district shall be
held at the general election in November. The board shall adopt a resolution if necessary to
implement this requirement when the board determines the number of qualified electors as required
by sub-subparagraph d., to extend or reduce the terms of current board members.
d. On or before June 1 of each year, the board shall determine the number of qualified electors
in the district as of the immediately preceding April 15. The board shall use and rely upon the
official records maintained by the supervisor of elections and property appraiser or tax collector in
each county in making this determination. Such determination shall be made at a properly noticed
meeting of the board and shall become a part of the official minutes of the district.
(b) Elections of board members by qualified electors held pursuant to this subsection shall be
nonpartisan and shall be conducted in the manner prescribed by law for holding general elections.
The district shall publish a notice of the qualifying period set by the supervisor of elections for
each election at least 2 weeks prior to the start of the qualifying period. Board members shall
assume the office on the second Tuesday following their election. If no elector qualifies for a seat
to be filled in an election, a vacancy in that seat shall be declared by the board effective on the
second Tuesday following the election. Within 90 days thereafter, the board shall appoint a
qualified elector to fill the vacancy. Until such appointment, the incumbent board member in that
seat shall remain in office.
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(c) Candidates seeking election to office by qualified electors under this subsection shall conduct
their campaigns in accordance with the provisions of chapter 106 and shall file qualifying papers
and qualify for individual seats in accordance with s. 99.061.
(d) The supervisor of elections shall appoint the inspectors and clerks of elections, prepare and
furnish the ballots, designate polling places, and canvass the returns of the election of board
members by qualified electors. The county canvassing board shall declare and certify the results
of the election.
(4) Members of the board shall be known as supervisors and, upon entering into office, shall take
and subscribe to the oath of office as prescribed by s. 876.05. They shall hold office for the terms
for which they were elected or appointed and until their successors are chosen and qualified. If,
during the term of office, a vacancy occurs, the remaining members of the board shall fill the
vacancy by an appointment for the remainder of the unexpired term.
(5) A majority of the members of the board constitutes a quorum for the purposes of conducting
its business and exercising its powers and for all other purposes. Action taken by the district shall
be upon a vote of a majority of the members present unless general law or a rule of the district
requires a greater number.
(6) As soon as practicable after each election or appointment, the board shall organize by electing
one of its members as chair and by electing a secretary, who need not be a member of the board,
and such other officers as the board may deem necessary.
(7) The board shall keep a permanent record book entitled “Record of Proceedings of (name of
district) Community Development District,” in which shall be recorded minutes of all meetings,
resolutions, proceedings, certificates, bonds given by all employees, and any and all corporate acts.
The record book shall at reasonable times be opened to inspection in the same manner as state,
county, and municipal records pursuant to chapter 119. The record book shall be kept at the office
or other regular place of business maintained by the board in the county or municipality in which
the district is located or within the boundaries of a development of regional impact or Florida
Quality Development, or combination of a development of regional impact and Florida Quality
Development, which includes the district.
(8) Each supervisor shall be entitled to receive for his or her services an amount not to exceed
$200 per meeting of the board of supervisors, not to exceed $4,800 per year per supervisor, or an
amount established by the electors at referendum. In addition, each supervisor shall receive travel
and per diem expenses as set forth in s. 112.061.
(9) All meetings of the board shall be open to the public and governed by the provisions of
chapter 286.
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History.—s. 2, ch. 80-407; s. 6, ch. 84-360; s. 23, ch. 85-80; s. 3, ch. 91-308; s. 962, ch. 95-147;
s. 36, ch. 99-378; s. 19, ch. 2000-158; s. 35, ch. 2004-345; s. 32, ch. 2004-353; s. 3, ch. 2007-160;
s. 33, ch. 2008-95; s. 2, ch. 2009-142.
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 s uch 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. For purposes of s.
8(h)(2), Art. II of the State Constitution, a board member or a public employee of a district does
not abuse his or her public position if the board member or public employee commits an act or
omission that is authorized under this subsection, s. 112.313(7), (12), (15), or (16), or s.
112.3143(3)(b), and an abuse of a board member’s public position does not include any act or
omission in connection with a vote when the board member has followed the procedures required
by s. 112.3143.
(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; s. 3, ch. 2020-77.
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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
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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 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; 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
22
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 t ax 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
23
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; s. 69, ch. 2014-22.
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.
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(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.
25
(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.
26
(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 dis trict 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 l egal 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.
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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.
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(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 purchasin g 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.
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(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.
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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 m ay 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 re solutions
may be adopted at the same meeting at which they are introduced and need not be published or
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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 meanin g 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
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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
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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 a ll 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.
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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
35
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 t he
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.
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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 l ands, 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
37
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.
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(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 t hat 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
39
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 o f
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.
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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
41
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
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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
43
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,
44
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.—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 contained herein shall apply to or limit the rights of
bondholders to pursue any remedy for the enforcement of any lien or pledge given by the district
in connection with any of the bonds or obligations of the district.
History.—s. 2, ch. 80-407.
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
45
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
46
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.
(h) For a petition to establish a new community development district of less than 2,500 acres on
land located solely in one county or one municipality, sufficiently contiguous lands located within
the county or municipality which the petitioner anticipates adding to the boundaries of the district
within 10 years after the effective date of the ordinance establishing the district may also be
identified. If such sufficiently contiguous land is identified, the petition must include a legal
description of each additional parcel within the sufficiently contiguous land, the current owner of
the parcel, the acreage of the parcel, and the current land use designation of the parcel. At least 14
days before the hearing required under s. 190.005(2)(b), the petitioner must give the current owner
of each such parcel notice of filing the petition to establish the district, the date and time of the
public hearing on the petition, and the name and address of the petitioner. A parcel may not be
included in the district without the written consent of the owner of the parcel.
1. After establishment of the district, a person may petition the county or municipality to amend
the boundaries of the district to include a previously identified parcel that was a proposed addition
to the district before its establishment. A filing fee may not be charged for this petition. Each such
petition must include:
a. A legal description by metes and bounds of the parcel to be added;
b. A new legal description by metes and bounds of the district;
c. Written consent of all owners of the parcel to be added;
d. A map of the district including the parcel to be added;
e. A description of the development proposed on the additional parcel; and
f. A copy of the original petition identifying the parcel to be added.
47
2. Before filing with the county or municipality, the person must provide the petition to the
district and to the owner of the proposed additional parcel, if the owner is not the petitioner.
3. Once the petition is determined sufficient and complete, the county or municipality must
process the addition of the parcel to the district as an amendment to the ordinance that establishes
the district. The county or municipality may process all petitions to amend the ordinance for parcels
identified in the original petition, even if, by adding such parcels, the district exceeds 2,500 acres.
4. The petitioner shall cause to be published in a newspaper qualified to publish legal notices in
the proposed district a notice of the intent to amend the ordinance that establishes the district. The
notice must be in addition to any notice required for adoption of the ordinance amendment. Such
notice must be published as provided in chapter 50 at least 10 days before the scheduled hearing
on the ordinance amendment. The notice must include a general description of the land to be added
to the district and the date and time of the scheduled hearing to amend the ordinance. The petitioner
shall deliver, including by mail or hand delivery, the notice of the hearing on the ordinance
amendment to the owner of the parcel and to the district at least 14 days before the scheduled
hearing.
5. The amendment of a district by the addition of a parcel pursuant to this paragraph does not
alter the transition from landowner voting to qualified elector voting pursuant to s. 190.006, even
if the total size of the district after the addition of the parcel exceeds 5,000 acres. Upon adoption
of the ordinance expanding the district, the petitioner must cause to be recorded a notice of
boundary amendment which reflects the new boundaries of the district.
6. This paragraph is intended to facilitate the orderly addition of lands to a district under certain
circumstances and does not preclude the addition of lands to any district using the procedures in
the other provisions of this section.
(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. A community development district may also
merge with another type of special district created by special act pursuant to the terms of that
special act or by filing a petition for establishment of a new district pursuant to s. 190.005. The
48
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 are not 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 a 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. A community development district
merging with another type of district may also enter into a merger agreement to address issues of
transition, including the allocation of indebtedness and retirement of debt.
(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.
49
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.
50
(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; s. 1, ch. 2019-164; s. 18, ch. 2021-17.
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 D ISTRICT 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.
51
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; s. 71, ch. 2014-22.
52
Exhibit B
Miami Freedom Park CDD
53
AGENDA ITEM COVER PAGE
File ID: #17218
Resolution
Sponsored by: Mayor Francis Suarez
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CREATION
OF THE LEJEUNE GARDENS COMMUNITY DEVELOPMENT DISTRICT (“LEJEUNE
GARDENS CDD") AND AUTHORIZING MIAMI FREEDOM PARK, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, AND ITS AFFILIATES AND SUBSIDIARIES
(COLLECTIVELY, “DEVELOPER’) TO FILE A PETITION FOR THE CREATION
THEREOF WITH MIAMI-DADE COUNTY, FLORIDA, FOR THE 130 +/- ACRE SITE
LOCATED AT APPROXIMATELY 4000 NORTHWEST 14 STREET, (FOLIO NO. 01-
3132-000-0105), 1900 NORTHWEST 37 AVENUE (FOLIO NO. 01-3132-000-0095),
1950 NORTHWEST 37 AVENUE (FOLIO NO. 01-3132-000-0100), AND 1550
NORTHWEST 37 AVENUE (FOLIO NO. 01-3132-000-0090), ALL LOCATED IN THE
CITY OF MIAMI, FLORIDA, AND GENERALLY BOUND ON THE EAST BY
NORTHWEST 37 AVENUE, ON THE WEST BY NORTHWEST 42 AVENUE, ON THE
SOUTH BY NORTHWEST 14 STREET, AND ON THE NORTH BY THE MUNICIPAL
BOUNDARY, EXCLUDING THE FOOTPRINT OF THE CITY’S NEW
ADMINISTRATIVE BUILDING SITE; ENCOURAGING THE MIAMI-DADE BOARD OF
COUNTY COMMISSIONERS ("COUNTY COMMISSION") TO APPROVE THE
PETITION SUBMITTED BY THE DEVELOPER TO CREATE THE LEJEUNE
GARDENS CDD ALL IN A FORM AND MANNER CONSISTENT WITH THE PROJECT,
LEASE AGREEMENT, ALL OTHER APPLICABLE AGREEMENTS AND
INSTRUMENTS, AND THIS RESOLUTION; STATING THAT THE ADOPTION OF
THIS RESOLUTION SHALL NOT BE CONSTRUED TO BE AN AMENDMENT OR
MODIFICATION OF THE PROJECT OR THE TERMS, DUTIES, COVENANTS, OR
OBLIGATIONS OF THE PARTIES TO THE LEASE AGREEMENT OR ANY OTHER
APPLICABLE AGREEMENTS OR INSTRUMENTS; PROVIDING FOR AN EFFECTIVE
DATE.
54
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
City of Miami
Legislation
Resolution
File Number: 17218 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CREATION
OF THE LEJEUNE GARDENS COMMUNITY DEVELOPMENT DISTRICT (“LEJEUNE
GARDENS CDD") AND AUTHORIZING MIAMI FREEDOM PARK, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, AND ITS AFFILIATES AND SUBSIDIARIES
(COLLECTIVELY, “DEVELOPER’) TO FILE A PETITION FOR THE CREATION
THEREOF WITH MIAMI-DADE COUNTY, FLORIDA, FOR THE 130 +/- ACRE SITE
LOCATED AT APPROXIMATELY 4000 NORTHWEST 14 STREET, (FOLIO NO. 01-
3132-000-0105), 1900 NORTHWEST 37 AVENUE (FOLIO NO. 01-3132-000-0095),
1950 NORTHWEST 37 AVENUE (FOLIO NO. 01-3132-000-0100), AND 1550
NORTHWEST 37 AVENUE (FOLIO NO. 01-3132-000-0090), ALL LOCATED IN THE
CITY OF MIAMI, FLORIDA, AND GENERALLY BOUND ON THE EAST BY
NORTHWEST 37 AVENUE, ON THE WEST BY NORTHWEST 42 AVENUE, ON THE
SOUTH BY NORTHWEST 14 STREET, AND ON THE NORTH BY THE MUNICIPAL
BOUNDARY, EXCLUDING THE FOOTPRINT OF THE CITY’S NEW
ADMINISTRATIVE BUILDING SITE; ENCOURAGING THE MIAMI-DADE BOARD OF
COUNTY COMMISSIONERS ("COUNTY COMMISSION") TO APPROVE THE
PETITION SUBMITTED BY THE DEVELOPER TO CREATE THE LEJEUNE
GARDENS CDD ALL IN A FORM AND MANNER CONSISTENT WITH THE PROJECT,
LEASE AGREEMENT, ALL OTHER APPLICABLE AGREEMENTS AND
INSTRUMENTS, AND THIS RESOLUTION; STATING THAT THE ADOPTION OF
THIS RESOLUTION SHALL NOT BE CONSTRUED TO BE AN AMENDMENT OR
MODIFICATION OF THE PROJECT OR THE TERMS, DUTIES, COVENANTS, OR
OBLIGATIONS OF THE PARTIES TO THE LEASE AGREEMENT OR ANY OTHER
APPLICABLE AGREEMENTS OR INSTRUMENTS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami (“City”) is the fee simple owner of approximately 130 +/-
acres of land located in District 1 located at approximately 4000 Northwest 14 Street, (Folio No.
01-3132-000-0105), 1900 Northwest 37 Avenue (Folio No. 01-3132-000-0095), 1950 Northwest
37 Avenue (Folio No. 01-3132-000-0100), and 1550 Northwest 37 Avenue (Folio No. 01-3132-
000-0090), all located in the City of Miami, Florida, and generally bound on the East by
Northwest 37 Avenue, on the West by Northwest 42 Avenue, on the South by Northwest 14
Street, and on the North by the municipal boundary (“Site”); and
WHEREAS, in November of 2018, the electorate of the City approved a referendum to
approve the negotiation of a ground lease and development agreement for the development of
approximately seventy-three (73) acres of the Site as a soccer stadium, offices, entertainment,
retail, hotel and conference center, public facilities, and other ancillary commercial development
(“Leased Premises”); and
WHEREAS, the referendum also approved the creation of a fifty-eight (58) acre world
class park adjacent to the Leased Premises (“Public Park”); and
55
WHEREAS, pursuant to Resolution Nos. R-22-0156 and R-22-0157, adopted April 28,
2022, Miami Freedom Park, LLC. a Delaware Limited Liability Company (the “Developer”)
entered into that certain Ground Lease for Soccer Stadium, that certain Ground Lease for Miami
Freedom Park Commercial Development, and certain related easement agreements with the
City, all dated as of February 9, 2023, governing the Developer’s use of the Leased Property
(collectively, “Lease Agreement”); and
WHEREAS, pursuant to Ordinance No. 14093 adopted on September 13, 2022 by the
City Commission, the City approved the development of the Miami Freedom Park Special Area
Plan (“Project”); and
WHEREAS, once constructed, the Project will consist of not less than a twenty-five
thousand (25,000) seat soccer stadium, seven hundred fifty (750) hotel rooms and conference
space, four hundred thousand (400,000) square feet of office, and six hundred thousand
(600,000) square feet of commercial uses, and a Public Park; and
WHEREAS, as part of its commitment to public benefits, the Developer committed to a
Twenty Million and 00/100 Dollars ($20,000,000.00) park fund contribution (“Park Contribution”);
and
WHEREAS, the City supports the creation by Miami-Dade County of the LeJeune
Gardens Community Development District for the Site, excluding the footprint of the City’s new
administrative building site (“LeJeune Gardens CDD”), which will, among other matters, assist
and support the public purpose of funding and the construction of various onsite and offsite
infrastructure and related public improvements for the Public Park in addition to the allocation of
the Park Contribution;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted and incorporated as if fully set forth in this section.
Section 2. The City Commission supports the creation of the LeJeune Gardens CDD by
Miami-Dade County, a political subdivision of the State of Florida (“County”), and, in the City's
proprietary capacity, authorizes the Developer, its affiliates, and subsidiaries, to file a petition
with the County and execute such documents as necessary for the creation of the LeJeune
Gardens CDD, all in a form and manner consistent with the Project, the Lease Agreement, any
other applicable agreements or instruments, and this Resolution.
Section 3. The City Commission encourages the County Commission to approve a
petition submitted by the Developer to create the LeJeune Gardens CDD.
Section 4. The adoption of this Resolution shall not be construed to be an amendment or
modification of the Project or the terms, duties, covenants, or obligations of the parties to the
Lease Agreement or any other applicable agreements or instruments.
Section 5. This Resolution shall become effective immediately upon its adoption.
56
APPROVED AS TO FORM AND CORRECTNESS:
57
Exhibit C
Sawyer’s Landing CDD
58
City of Miami Page 1 of 2 File ID: 7314 (Revision: ) Printed On: 3/24/2020
City of Miami
Legislation
Resolution: R-20-0086
File Number: 7314 Final Action Date: 3/12/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE
CREATION OF THE SAWYER’S LANDING COMMUNITY DEVELOPMENT
DISTRICT ("CDD") BY DOWNTOWN RETAIL ASSOCIATES, LLC, A FLORIDA
LIMITED LIABILITY COMPANY, AND ITS AFFLILATES AND SUBSIDIARIES
(COLLECTIVELY, “DEVELOPER”) FOR THE 3.42 +/- ACRE SITE GENERALLY
BOUNDED ON THE NORTH BY NORTHWEST 7 STREET, ON THE SOUTH
BY NORTHWEST 6 STREET, ON THE WEST BY NORTHWEST 3 AVENUE,
AND ON THE EAST BY NORTHWEST 2 AVENUE, MIAMI, FLORIDA, WHICH
IS LOCATED AT APPROXIMATELY 249 NORTHWEST 6 STREET MIAMI,
FLORIDA; ENCOURAGING THE MIAMI-DADE BOARD OF COUNTY
COMMISSIONERS ("COUNTY COMMISSION") TO APPROVE A PETITION
SUBMITTED BY THE DEVELOPER TO CREATE THE CDD CONSISTENT
WITH THE DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND
THE SOUTHEAST OVERTOWN/PARK WEST COMMUNITY
REDEVELOPMENT AGENCY.
WHEREAS, pursuant to Resolution No. CRA-R-18-0041 adopted on September 24,
2018 by the Southeast Overtown/Park West Community Redevelopment Agency (“CRA”), the
CRA Board of Commissioners authorized the negotiations for the development of Block 55
(“Project”) located at approximately 249 Northwest 6 Street, Miami, Florida, Folio No. 01-0105-
050-1120, generally bounded on the east by Northwest 2 Avenue, on the west by Northwest 3
Avenue, on the south by Northwest 6 Street, and on the north by Northwest 7 Street, Miami,
Florida (“Site”), with Downtown Retail Associates, LLC, a Florida limited liability company
(“Developer”); and
WHEREAS, the CRA and the Developer entered into a development agreement for the
Project on October 1, 2018; and
WHEREAS, the Site is a 3.42 +/- acre of undeveloped real estate located in District 5;
and
WHEREAS, once constructed, the Project will consist of not less than 500 residential
units, not less than 250,000 rentable square feet of retail/restaurant/office/entertainment space,
and a minimum of 1,000 parking spaces; and
WHEREAS, pursuant to Section 2-33(f) of the Code of the City of Miami, Florida, as
amended, the City Commission unanimously deems this Resolution to be of an emergency
nature in order to address the matters during the current legislative session; and
WHEREAS, the City of Miami (“City”) supports the creation of the Sawyer’s Landing
Community Development District (“CDD”) for the Site to assist in the funding and construction of
various onsite and offsite infrastructure and related public improvements for the Project;
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
48 59
File ID: 7314 Enactment Number: R-20-0086
City of Miami Page 2 of 2 File ID: 7314 (Revision: ) Printed on: 3/24/2020
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted and incorporated as if fully set forth in this section.
Section 2. The City Commission supports the creation of the CDD by the Developer, its
affiliates, and subsidiaries for the Site.
Section 3. The City Commission encourages the County Commission to approve a
petition submitted by the Developer to create the CDD consistent with the development
agreement between the Developer and the CRA.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
49 60
City of Miami
Master Report
Enactment Number: R-20-0086
City of Miami Page 1 of 1 Printed on: 3/24/2020
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7314 File Type: Resolution Status: ADOPTED
Revision: Controlling Body: City Commission
File Name: Creation of Sawyer's Landing Community
Development District (CDD)
Introduced: 3/12/2020
Requesting Dept: City Commission Final Action Date: 3/12/2020
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION SUPPORTING THE CREATION
OF THE SAWYER’S LANDING COMMUNITY DEVELOPMENT DISTRICT ("CDD") BY
DOWNTOWN RETAIL ASSOCIATES, LLC, A FLORIDA LIMITED LIABILITY COMPANY,
AND ITS AFFLILATES AND SUBSIDIARIES (COLLECTIVELY, “DEVELOPER”) FOR
THE 3.42 +/- ACRE SITE GENERALLY BOUNDED ON THE NORTH BY NORTHWEST
7 STREET, ON THE SOUTH BY NORTHWEST 6 STREET, ON THE WEST BY
NORTHWEST 3 AVENUE, AND ON THE EAST BY NORTHWEST 2 AVENUE, MIAMI,
FLORIDA, WHICH IS LOCATED AT APPROXIMATELY 249 NORTHWEST 6 STREET
MIAMI, FLORIDA; ENCOURAGING THE MIAMI-DADE BOARD OF COUNTY
COMMISSIONERS ("COUNTY COMMISSION") TO APPROVE A PETITION
SUBMITTED BY THE DEVELOPER TO CREATE THE CDD CONSISTENT WITH THE
DEVELOPMENT AGREEMENT BETWEEN THE DEVELOPER AND THE SOUTHEAST
OVERTOWN/PARK WEST COMMUNITY REDEVELOPMENT AGENCY.
Notes: Pursuant to the resolution, this item became effective immediately upon adoption by the
Commission.
Links:
Attachments:
History of Legislative File:
Revision: Acting Body: Date: Action: Result:
City Commission 3/12/2020 Meeting Completed
City Commission 3/12/2020 ADOPTED Passed
Victoria Méndez 3/20/2020 Approved Form and
Correctness
Completed
City Clerk's Office 3/20/2020 Rendered Completed
50 61
Exhibit D
Miami Worldcenter CDD
62
63
City of Miami
Certified Copy
City Hall
3500 Pan American Drive
Miami,FL 33133
www.mlamlgov.com
File Number:15-00729 Enactment Number:R-l 5-0512
A RESOLUTION OF THE MIAMI CITY COMMISSION,WITH ATTACHMENT(S),
SUPPORTING THE CREATION OF A SPECIAL TAXING DISTRICT IN RELATION
TO THE DEVELOPMENT OF THE MIAMI WORLDCENTER PROJECT;
FURTHER DIRECTING THE MIAMI CITY CLERK TO TRANSMIT A COPY OF
THIS RESOLUTION TO THE MAYOR OF MIAMI-DADE COUNTY AND THE
MIAMI-DADE BOARD OF COUNTY COMMISSIONERS;AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS,Section 18-2 of the Code of Miami-Dade County,Florida,as amended ("County
Code"),allows for the creation and establishment of special taxing districts within Incorporated areas
for the purpose of public Improvements as set forth in that section;and
WHEREAS,Section 18-3 of the County Code provides the procedure for creating special taxing
districts for landscape and Irrigation improvements and maintenance,recreational and open space
facilities,and any other applicable improvements,and maintenance thereof,within the City of Miami
("City");and
WHEREAS,on September 29,2014,the City Commission amended Ordinance No,13114,the
Miami 21 Code,the Zoning Ordinance of the City of Miami,Florida,as amended,amending Appendix
D,titled SD-16.3 Miami Worldcenter ("Project")to modify certain design standards;and
WHEREAS,on March 26,2015,the City Commission approved Resolution 15-0153 which
provided support for the formation of a Community Development District by Miami-Dade County
("County")contained within the boundaries of the Project;and
WHEREAS,in connection with the development of the Project and the creation of the Miami
Worldcenter Community Development District ("ODD"),the City expresses its support to the County for
the creation of a special taxing district for street lights,landscape and irrigation improvements and
maintenance,recreational and open space facilities and any other applicable improvements and
facilities,and maintenance thereof,within the City;
NOW,THEREFORE,BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1.The recitals and findings contained in the Preamble to this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2.In accordance with Section 18-2 of the County Code,the City expresses its support to
the County for the creation of a special taxing district within the Project,for the purpose of providing
street lights,landscape and irrigation improvements and maintenance,recreational and open space
facilities,and any other applicable Improvements,and maintenance thereof,for the Site bounded on
the North by Northeast 11th Street,on the South by Northeast 6th Street,on the East by Northeast 2nd
Avenue,and on the West by North Miami Avenue,Miami,Florida,with the exception of the Excluded
Parcels,listed on Exhibit "A."
City of Miami Page I of 2 R-15-0512
64
File Number:15-00729 Enactment Number:R-15-0512
Section 3.The City Clerk Is hereby directed to transmit a copy of this Resolution to the Mayor of
Miami-Dade County and the Miami-Dade Board of County Commissioners,
Section 4.
the Mayor.{1}
This Resolution shall become effective immediately upon its adoption and signature of
Date:NOVEMBER 19,2015
Mover:
Seconder:
COMMISSIONER SUAREZ
COMMISSIONER CAROLLO
Vote:AYES:4 -COMMISSIONER(S)GORT,CAROLLO,SUAREZ AND HARDEMON
ABSENT;1 -COMMISSIONER(S)SARNOFF
Action:ADOPTED
Date:NOVEMBER 25,2015
Action:SIGNED BY THE MAYOR
I,Todd B.Hannon,City Clerk of the City of Miami,Florida,and keeper of the records thereof,do
hereby certify that this constitutes a true and correct copy of Resolution No,R-15-0512,with
attachment,passed by the City Commission on 11/19/2015.
City Clerk,Deputy Clerk (for Todd B.Hannon,
City Clerk)
December 08,2015
Date Certified
{1}If the Mayor does not sign this Resolution,it shall become effective at the end of ten (10)calendar
days from the date it was passed and adopted.If the Mayor vetoes this Resolution,it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 R-15-0512
65
EXHIBIT «A"
EXCLUDED PARCELS
BLOCK,FOLIO NUMBER ADDRESS
IB BL0WL080-W 60 NS 11 ST
01-0101-080’1030 50 NEU ST'
01’0101-0.80-1040
QI -0101-080-1050
3'4 NE 11 ST._
30NB11ST
01-0101-080-1060 20 NE 11 ST
01-0101-080-1070 1035 N MIAMI AV
01-0101-080-1160 1 000 NE 1 AV
01-0101-080-1150 63 NB 10 ST
01-0101-080-1140 53 NE 10 ST
0'L0101-080-10§0 1001 N MIAMI AV
01-0101-080-1100 21 NB 10 ST
01-0101-080-1130 45 NE 10 ST
01-0101-080-1015 1025 N MIAMI AV
19 01-0101-090-1110
01-0101-090-1100
1001 NE 1 AV
1019 NE 1 AV
01-0101 -090-1120 125 NE 10 ST
01-0103-090-1150
f/a/u 01-0101-090-1011
Miami Unde Transit
Parcel N7C
1040 NB 2 AV
„„
O1-01V3-O90-1150
Mm.01-0101-090-1141
Miami Dado Transit_Pmg°1 N7A
1020 NE 2 AV
23 __01-0102-030-1190
01-01O2-030-118O
_J£NB9 ST
53 NE 9 ST
01-0102-0304170 45NB9ST
01-01 02-030-1160 35NB9ST—01-0102-030-1150 27NB9ST
38 _01-6103-080-1050 50 NB 9 ST
39 01-0103’090’1150
Mm 01-0103-090-1011
Miami Dade Transit
Parcel N5D
800 NE 2 AV
1
2L
66
BLOCK FOLIO NUMBER ADDRESS :
5&O1-O1O5-O8O-1110 5'5 NB 6 ST
01-0105-080-1100 '
--45NB6ST.:
01-01'05-080-1090 33 MB 6 ST I
58/59 -01-0100-000-0550 FECROW
59 01-0103-090-1150f/a/u 01-0105-090-1'021
Miami DadaTransitParcelN3C
17ONB7ST
01-0103-090-1150
Wv 01-0105-090-2090
Miami Dado Transit
Parcel N3A
175 NB 6 ST
01-0105-090-2080 169 NE 6 ST——01-0105-090-2070'
01-0105-090-2060 —
165 NB6ST
155 NE 6 ST
01-0105-090-2050 147 NE 6 ST
01-0105-09 0-2040 135 NB 6 ST
01-0105-090-203'0 125 NE 6 ST
01-0.105-090-2020|01-0105-090-2010
119 NB 6 ST
•601 NB 1 AV
67
NE 'll Tf-I TER-
NW11THST NEHTHST
WIDTH ST NE 10TH ST
NWDTH8T ^NEDTH^T
NW 9TH ST NEBTHST
NE 7TH ST
'tiwISTl'fW NEBTHST
NE 5TH ST
Excluded Parcels
City Parc&ls
canted by the city of Miami Planning Start;3M60425550Paet
>54?
WWW
item
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